HomeMy WebLinkAboutStudy Session 04/19/2004
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STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29TH Avenue, Municipal Building
April 19, 2004
6:00 p.m.
Dinner
City Council Study Session with the Wheat Ridge Urban Renewal Authority.
7:00 p.m.
APPROVAL OF MINUTES of March 15, 2004
APPROVAL OF AGENDA
Item 1 Staff Reports
Item 2 Discussion regarding the Arborist Board
Item 3 Denning Property - Trail Arrangement.
Item 4 Storm Water Regulations
CITY COUNCIL STUDY SESSION MINUTES
CITY OF WHEAT RIDGE, COLORADO
Municipal Building, Council Chambers
7500 W. 29th Avenue
March 15. 2004
The City Council Study Session Meeting was called to order by Mayor pro tem, Dean
Gokey, at 7 00 P m. Council members present: Jerry DiTullio, Wanda Sang, Mike
Stites, Karen Adams, Lena Rotola, and Larry Schulz. Karen Berry was absent Also
present: City Clerk, Pam Anderson, City Manager, Randy Young, City Attorney, Gerald
Dahl, Director of Community Development, Alan White, Director of Public Works, Tim
Paranto, staff; and interested citizens.
APPROVAL OF MINUTES
Motion by Mr DiTullio for approval of the Study Session Minutes of
February 17, 2004, seconded by Mrs. Rotola, carried 7-0
APPROVAL OF AGENDA
Motion by Mr DiTullio to amend the agenda to strike Item 6 and to move Item 4
to Item 2, seconded by Mr Schulz; carried 7-0
Item 1.
Ordinance 1299. An Ordinance Amending Section 26-106 of the
Wheat Ridge Code of Laws Concerning the Submittal of
Applications subject to the Site Development Review Process
Alan White summarized Ordinance 1299, and detailed the legislative history
City Attorney Gerald Dahl discussed any current or future impact of the
ordinance, and the process for repeal Consensus was carried 7 to 0 to move
forward on an ordinance to amend Ordinance 1299
Item 2.
Resolution regarding Support of RTD's FasTracks Plan.
Bill Van Meter, Senior Manager of Systems Planning for the Regional
Transportation District gave a PowerPoint presentation regarding the RTD
FasTrack Plan.
David Ruchman, RTD Board Member spoke in support of RTD. FasTracks He
detailed the ~ransportation lines that would impact Wheat Ridge and described
the benefits of those lines Mr Ruchman answered questions for Council and
discussed proposed resolution language
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Mr Schulz asked for a consensus to support a resolution with modifications In
support of RTD FasTracks Consensus was carried 7 to 0
Item 3.
2004 Capital Improvement Projects
City Manager Randy Young introduced Item 3 Tim Paranto gave a
presentation regarding 2004 Capital Improvement Projects He updated Council
members on the status of projects and recommended deferring vanous capital
improvement projects for 2004
Item 4.
Office of Mayor and City Council and City Council Budget.
City Clerk Pam Anderson presented an outline of the Office of the Mayor and
City Council She detailed the services that staff will provide, and recommended
reinstating a City Council Budget for 2004
Item 5.
Facilitation Process
City Manager Randy Young updated council on the facilitation processes that
the City has used in the past, as well as plans to look into utilizing facilitation
more extensively in the future
A discussion ensued regarding the processes for code enforcement and strategies for
communication to the citizens
Meeting adjourned at 9'12 p m.
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON APRIL 19,2004 BY A VOTE OF _ to_
Wanda Sang, Council President
The preceding Minutes were prepared according to '47 of Robert's Rules of
Order, i e they contain a record of what was done at the meeting, not what was
said by the members Tape recordings and video recordings of the meetings are
available for listening or viewing in the City Clerk's Office, as well as copies of
Ordinances -a'nd Resolutions
WINDHOLZ & ASSOCIATES
ATTORNEYS AT LAW
i650 38TH STREET
SUlTE 103 WEST
BOULDER, COLORADO 80301
JAMES A. WlNDHOLZ, pc.
3100
DAVID S. WILLIAMSON
7835
WILLIAM P HAYASHI
Telephone: (3031 443.
Fax: (303) 443.
MEMORANDUM
TO:
Mayor, City Council and Urban Renewal Authonty Board of
CommIssiOners, City of Wheat Ridge
FROM:
Jim Windholz
DATE"
March 18, 2002
RE:
GENERAL PROCEDURES FOR ESTABLISHING AN URBAN
RENEWAL AUTHORITY, ADOPTING AN URBAN RENEWAL
PLAN AND IMPLEMENTING A REDEVELOPMENT PROJECT
(URBAN RENEWAL 101)
A. BLIGHT
The prereqmsIte to the establishment of an authonty is suffiCient eVidence to support the
City councll's findmg ofthe eXistence of blIghted area(s) withm the CIty
Legally, "blIghted area" means an area which m ItS present conditIOn and use, and by
reason of the presence of at least four of the followmg factors ofbhght, has substantIally
and adversely affected or slowed the reasonable growth of the City, hmdered the
proVisions of decent housmg, or constitutes an economic or SOCial lIabIlIty to the City, and
therefore presents a detnment to the well-bemg of the commumty At least four (or
more) of the following factors shall constitute bhght.
1 Slum, deteriorated, or deterioratinf! structures It IS the process of
detenoratlOn or the eXistence of outmoded structures, which constitutes blight, not the
total detenoratiOn Itself. The emphaSIS is upon the area as a whole and not mdlvldual
structures,
STUDY SESSION
WHEAT RIDGE
URBAN ~ENEWAL AUTHORITY
2. Predominance of defective or inadequate street lavout This factor
mcludes such condItIOns as madequate wIdths, dead ends, condItIons of eXlstmg streets,
poor prOVISIons or unsafe conditions for the flow of traffic, mcludmg pedestnans and
bicycles, traffic congestiOn, obsolete and Impractical street layout, or madequate facIlItIes
for traffic flow through the area,
3 Faultv lot lavout in relation to size. adequacv. accessihilitv. or usefitlness
Such problems as long and narrow or lITegularly sIzed propertIes, obsolete and
Impractical lot layout and configuratIons resulting m stagnant and unproductIve
condItions of the land by the misuse or nonuse of same, are some of the elements of thIS
factor;
4 Unsanital1' or unsafe conditions The area does not have to contam slums
to quahfy as bhghted and reqUIre redevelopment. Elements of this factor may mclude the
eXIstence of a floodplam, madequate storm drainage systems, poor fire protectIOn
facIlIties, hIgh or unusual cnme statistics, madequate or lack of water or samtary sewer
systems, or eXistence of hazardous matenals or conditIOns,
5 Deterioration of site or other improvements 011 the site Elements of this
factor may mclude matters such as inadequate open space, lack of public utJhtJes and
publIc or pnvate services, the mcompatible mIxture of reSIdential, mdustnal, and
commercIal actIvltles, Improper and unproductive use of the land, faIlure to use land,
leavmg it unproductIve or for no public purpose, unWise plannmg and zomng, and poor
regulatory code proviSiOns or enforcement;
6 Unusual topor.:raphv Severe and SIgnificant slopes makmg use of
property difficult, very expensIve or Impractlcal may be mcluded m thiS factor;
7. Defective or unusual conditions of title rendering the title unmarketable
The consIderatIOns of thIs factor of blIght mclude dIversity and multlphclty of ownership
makmg assemblage of/and or accumulatIon of a smgle, large tract of/and very dIfficult,
and title problems such as the mterruptlon of the cham of ownershIp or tracmg of the
ownershIp of the property;
8 The existence of conditions that endanger life or propertv b,' fire or other
causes Factors such as buildmgs or property not m compliance with fire codes, bUlldmg
codes or environmental regulations (asbestos or SOIl contammatiOn) may be apphcable
here;
9 Buildinr.:s that are unsafe or unhealthv for persons to live or work in
because of huildinr.: code violations, dilapidation. deterioration. defective design.
phvsical construction. or faultv or inadequate facilities;
10 Environmental contamination of buildings or prooertv;
11 Inac/( /!late oublic improvements or utilities
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If there IS no obJectiOn by the property owner(s) and tenants of such owner( s), If any, to
the mclusiOn of such property m an urban renewal area, "blighted area" also means an
area that, m Its present condition and use, and by reason of the presence of any of the
factors m I through 11 above, substantially Impairs or arrests the sound growth of the
city, retards the proviSiOn of housing accommodations, or constitutes an economic or
SOCial habillty, and is a menace to the pubhc health, safety, morals or welfare
An area may be eligible as an urban renewal area If it meets the legal cntena as a slum or
bhghted area. It is not mdividual or separate conditiOns, faCilities, structures, properties
or Improvements which are the determmant of such designatiOn, but rather the area taken
as whole. An entire deSignated urban renewal area does not have to be bhghted, the
eXistence of at least four blight factors withm an area IS all that IS reqUired to substantJate
a designatiOn as an urban renewal area.
The boundanes of an urban renewal area may be expanded at any time by city council
pursuant to the presentatiOn of eVidence and findmgs of the eXistence of bhght wlthm the
additiOnal area. It IS not reqUired that urban renewal areas be contiguous. Rather, a
number of separate urban renewal areas may eXist wlthm the commumty However, all
urban renewal areas must be wlthm the city boundanes.
B. PROCESS OF ESTABLISHING AN URBAN RENEWAL AUTHORITY
The general process of establishmg an urban renewal authonty is as follows
I Twenty-five (25) registered electors of the city petitiOn the city counCil
that there IS a need for an urban renewal authority to function wlthm the commumty
2 A blight study/analysIs should be authorized by city council
3 Notice must be proVided of the time, date, place and purpose of a public
heanng on the petition for the council to determine Ifthere are slum or blighted areas
wlthm the city based upon the blight study, and, If so, if there IS a need for an authonty
Such notice is at the City'S expense and must be given at least 10 days before the heanng
m a newspaper of general circulatiOn wlthm the City, or, Ifno newspaper, by postmg m
three public places m the city at least 10 days pnor to the heanng.
4 All reSidents, taxpayers and mterested persons are afforded an opportunity
to be heard on the Issues of whether slum or bhghted areas, or both, eXist wlthm the city
5 If council finds from the facts that. (a) one or more slum or blighted areas
or both eXist Within the city; and (b) that acquisition clearance, rehablhtatlon,
conservatiOn, development, or redevelopment of the area(s) is necessary for the public
health, safety and welfare of the reSidents of the city; and (c) declares It m the pubhc
mterest that an -authonty be created, an urban renewal authonty may be created by
resolutiOn. The resolutiOn must contam detailed findmgs ofbhght and the afore
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described purposes of creatmg an authonty. The resolutiOn should also dIrect the mayor
to appomt commiSSiOners to an urban renewal authonty; however, CIty council may serve
as the authonty If so, the mayor shall serve as the chair Certificates of appomtment
must be filed With the state dlVlsiOn of local government.
Of course, council may find that no slum or bl1ghted areas eXist, and dismISS the petitIOn.
Thereafter, the petitIOners must walt at least SIX months to agam petitiOn the council for
the formation of an urban renewal authonty
C. URBAN RENEWAL AUTHORITY COMPOSITION
The city council may appoint Itself as the authonty or appoint a separate board of
commiSSiOners. If a separate board IS appomted, not less than five nor more than II
members shall be appomted by the mayor, wlth the approval of council. There IS no
reqUirement m the Urban Renewal Law that the commIssIoners be residents of the city
Only one of the commiSSiOners may be an official ofthe City The commiSSioners who
are first appomted shall be deSignated by the mayor to serve for staggered terms so that
the term of at least one commiSSiOner shall expire each year. Thereafter, the term of
office shall be for five years. The mayor also deSignates the chaIr of the authonty for the
first year Members of the authonty shall receive no compensation but are entitled to
expenses. To be constituted as an urban renewal authonty, a certificate signed by all of
the commissioners of the authonty must be filed with the diVISion of local government m
the department of local affaIrs.
An authonty shall elect/select ItS own Vice-chairman, secretary, staff, legal counsel, and
after the first year, ItS chair. The mayor, wlth council consent, may remove a
commissioner for mefficiency or neglect of duty or misconduct m office The removal
procedures reqmre wntten charges and a formal heanng before council
D. URBAN RENEWAL PLAN
An authonty cannot acqUire or transfer real property or undertake an urban renewal
project until an urban renewal plan has been adopted by the city counCil. The proposed
plan may be prepared by the urban renewal authonty, ItS staff, City staff or consultants for
conSideration by council.
The plan must Include the followmg:
I Plans to el1minate and prevent the development or spread of slum or
bhghted areas and redevelopment of such areas With appropnate pubhc and pnvate
resources.
2 Outlme of prehmmary plans for urban renewal actiVities.
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3 Plans for relocation of mdlVlduals, families and busmess that will be
displaced by the urban renewal proJect. If any federal funds are used m the project, the
relocatIOn plans must follow federal reqUirements.
4 Plans for programs of voluntary repair and rehabihtation ofbUildmgs and
improvements.
5 Plans for enforcement of state and local laws, codes and regulations
govemmg land use and use ofbUildmgs and improvements.
6 AuthonzatiOn to use the powers of emment domam, If so determmed by
City council.
7 Documents necessary to carry out any of the above mcludmg finanCIng
plans, maps, appraisals, surveys and studies.
The plan may address several other matters, such as phasmg and types of development,
hmitatiOns on types or amounts of financmg, authonzatIon of the use of tax mcrement
financmg, mtenm uses of the property, and zonmg and land use matters. A plan should
be as flexible as possible to allow for market, financial, economic and other conditions,
which eXist at the time redevelopment actually occurs.
After an urban renewal plan IS adopted, It controls the land area, land use, deSign,
bUildmg reqUirements, tlmmg and procedures apphcable to property wlthm the urban
renewal area. Therefore, while eXlstmg City zonIng, deSign and bUildIng reqUirements
may control the property, the urban renewal plan IS an additiOnal layer of control over the
use of the property.
To substantially amend an urban renewal plan, the same procedures as reqUired for Initial
adoptiOn must be followed. If amendment of the plan occurs after sale or lease of
property wlthm the urban renewal area, such amendment IS subJect to eqUitable or legal
nghts oflessees or purchasers and successors of properties wlthm the area.
E. PROCEDURES FOR ADOPTION OR SUBST ANTlAL MODIFICATION
OF URBAN RENEWAL PLAN
As described above, the draft plan may be prepared by the authonty or any other person
or entity designated by the city Pnor to approval of an urban renewal plan, city council
must submit the draft plan to the plannIng commission.
The plannmg commiSSion must review the draft plan and give wntten recommendatIOns
to the city council within 30 days after receipt of the proposed redevelopment plan,
speCifically and solely as to whether or not the urban renewal plan comphes with the
comprehensive (master) plan of the city The city council may proceed with the heanng
on the plan upon receipt of the wntten recommendations of the plannmg commission or
30 days after subm_3sion of the draft plan to the plannmg commiSSion, whichever IS
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sooner If the proposed plan mcludes residential areas or areas proposed for residential
uses and also contams prOVlSlons for the use of property tax mcrement financmg, the
school dlstnct, which is mcluded m the urban renewal area, must be allowed to
participate m an adVisory capacity With respect to the use of property tax mcrement
financmg.
Notice of a pubhc heanng is to be pubhshed m a newspaper of general circulation wlthm
the city Thirty (30) days wntten notice of the public heanng is also to be provided to all
property owners, residents and busmess owners, at their last known addresses, m the
urban renewal area. The notice must mclude the time, date (not less than 30 days from
the notice), place and purpose of the heanng before council, and generally to Identify the
area covered by the plan and outlme the general scope of the proposed urban renewal
proJect. CounCil must hold a public heanng on the plan. At the heanng, eVidence must
be presented of blight and the details of the plan. As a courtesy and not a legal nght, I
recommend that county and school distnct representatives also be provided notice.
Followmg the public heanng, and subject to notice to the county as described below, the
councd may approve the plan by resolutiOn if it finds that:
I Bhght eXists in the urban renewal area and deSignate the area as
appropnate for an urban renewal proJect(s); and
2 A relocation plan eXists or shall be provided before relocatiOn takes place
(If the plan antiCipates the necessity ofrelocatmg busmesses or residents m the urban
renewal area); and
3 The redevelopment plan conforms With the City'S comprehenSive plan, and
4 Pnvate enterpnse has been afforded an opportumty to redevelop/develop
the urban renewal area; and
5 If the area consists of open land, a findmg must be made that
nonreSidential redevelopment is necessary to accommodate proper growth and
development m accordance With sound plannmg standards and obJectives of the City; and
6 Property and/or sales tax mcrement provIsions for payment of debts and
finanCial obhgatlOns mcurred m relation to the redevelopment proJect(s) may be
mcluded, and
7 Prior to approval of the plan (early wlthm the 30 day notice penod
described above), the councd must proVide an Impact statement to the Jefferson County
Commissioners, including, at a mlmmum, the following:
a. The estimated time to complete the redevelopment project(s); and
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b the estImated annual property tax mcrement (I f property tax
mcrement will be util1zed) to be generated by the proJect and the
portIOn of such property tax mcome to be allocated dunng thIS
tIme penod to fund the redevelopment project, and
c. any other estImated impacts of the proJect on county servIces or
revenues.
8 Other findmgs must be made upon adoptIon of the plan by the councIl,
mdudmg, that not more than 120 days have passed from the mltlal publ1c hearing to the
approval of the plan, and, if this is a second attempt to amend the plan for thIS area, at
least a two-year "waItmg penod" has taken place, unless "circumstances" have changed.
9 At least four of the statutory bl1ght conditIons must eXIst to approve the
plan. There are some legal opimons that one may find four factors ofbl1ght wlthm one of
the bl1ght categones alone, such as four unsanitary conditlons, or four unsafe condItIOns,
or four detenoratiOn factors of the site, or four factors of detenoratIon of Improvements,
or four unusual conditiOns of title rendmg It nonmarketable, etc
Boundanes of a bl1ghted/urban renewal area are to be drawn as narrowly as councIl
determmes feasible to accompl1sh the plannmg and development obJectIves/purposes of
the redevelopment proJect(s)
F. POWERS OF AN URBAN RENEWAL AUTHORITY
An urban renewal authonty has the followmg powers
The powers necessary to carry out the purpose of the urban renewal law
2. Sue and be sued, adopt and have a seal, perpetual eXIstence, and adopt
bylaws, orders, rules and regulatIons.
3 To undertake urban renewal proJects, execute contracts and other
documents, mcludmg advances, loans, grants and contributIons from the federal
government or other sources.
4 Provide for public faCIlItIes and Improvements, dedicate property for
publ1c facIlItIes, Improvements and purposes, and agree to contract condItIOns related to
such powers, mdudmg those attached to federal finanCIal assIstance.
5 Arrange for plannmg and zomng of an urban renewal area WIth the City
6 Enter pnvate property WIth the consent of the owner to make surveys and
appraIsals and to obtam a court order to do so if the owner refuses permiSSiOn.
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7 AcqUIre property by purchase, lease, optIOn, gift, grant, bequest, devise or
otherwise or by condemnation. However, the authonty must have the consent of the
owner of public property to condemn property devoted to a public use (such as a post
office)
8. Hold, improve, clear or prepare for redevelopment any property
9 Mortgage, pledge or otherwise encumber or dispose of property In
accordance With the urban renewal plan.
10 Insure property and operatiOns of the authonty.
11 Invest funds.
12 Borrow money and apply for loans, grants and contributlOns and give
secunty therefore.
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Appropnate and spend funds and estabhsh separate accounts.
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councIl.
Prepare and submit proposed plans, mcludmg urban renewal plans to city
15 Make relocation plans/arrangements/payments to reSidents, indiViduals
and busmesses displaced by urban renewal projects. For busmesses, relocation payments
are to mclude goodWill and lost profits reasonably related to relocatIOn of the busmess.
16. Rent or use eqUIpment and office facIlIties for the authonty
17 Prepare plans for a program of voluntary repaH and rehabilitatIOn of
bUlldmgs and improvements and enforcement of apphcable codes and regulatIons.
18 Create and report methods and techmques for the prevention and
ehmmatlOn of blight wIthm the City
19 Issue bonds for debt.
20 An authonty does not have the power to levy or assess taxes of any
nature, mcludmg speCial assessments.
These power are not limited by any other law With respect to the planning or undertaking
of proJects or the acqUiSitiOn, clearance or dispOSItIon of property unless the statute
speClfically so proVides. Other significant limitations on an authonty's powers With
regard to redevelopment actiVitIes, other than those whIch may be imposed by CIty
counCll m a plan, are the federal tax code and regulatiOns related to the tax exempt
statutes of finaRclng of the authonty's actIVItIes/proJects.
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G. SALE OF PROPERTY OWNED BY THE AUTHORITY
An authonty may sell, lease or otherwise transfer its real property m accordance with the
urban renewal plan subJect to such covenants and conditions as determmed solely by the
authonty The purchasers, lessees and transferees must use the property only as allowed
by the urban renewal plan. Property may be transferred for Its fair value (not fair market
value), as determmed by the authonty. The authonty must transfer property It acqUIres
for purposes of conveyance as soon as reasonably feasible, which may be determIned by
such factors as market and economiC conditiOns. In the mtenm, the authonty may
operate and mallltam its property even If such use is not m accordance with the urban
renewal plan (I e lease it for office space)
Property of the authonty sold to pnvate persons may only be sold under reasonable
competitive blddlllg procedures as described by the authonty or by the Urban Renewal
Law, which reqUires notice for requests for proposals to redevelop the property to be
transferred. The authonty shall consider the finanCial and legal ability of the
applicants/respondents to fulfill their proposals. At least 15 days pnor to executIng a
contract of conveyance of property, the authonty must gIVe notice of its mtent to the clly
councIl. The notice IS for mformatiOn only; council cannot veto or Impose reqUirements
on the transfer.
The authority may transfer, dedicate, or devote its property for pubhc uses m accordance
With the urban renewal plan With or without compensatiOn, subject to such terms,
conditiOns and covenants as the authonty determmes to be in the best Interest of the
commulllty and In compliance With the plan.
H. NEGOTIATE/AGREEMENT FOR REDEVELOPMENT
Along With staff and consultants to assist the Authonty to carry out the CounCJ!' s urban
renewal plan, the management team should consist of real estate/development adVISors
and negotiators to coordmate and effect contracts With developers, property owners, the
authonty and the City to realize redevelopment projects. It IS Important In the negotiatiOn
process that developers (retailers) understand they may negotiate terms of contracts only
With the authonty's consultants/experts and not be able to end run them through policy
makers and public offiCials when negotiatiOns are mevitably difficult.
Proposed proJects must, at the very least, elimInate blight, comply With the plan, fit In the
commerCial market and be finanCially (public and pnvate) feasible.
Typically, a redevelopment proJect mvolves the followlllg: IdentifYIng the market,
thereby affectlllg the land uses (1 e types ofretaIl, commercial uses), size of the proJect;
control and conditions of the land, lllfrastructure reqUired (utilities, roads, parkmg,
access); timmg (mcluding time reqUirements for the authonty to deliver a clean site and
time reqUirements for the developer to begm and complete proJect Improvements); land
use restnctiOns.and covenants, such as types of retail uses and, perhaps, operatmg
reqUirements (I e. must operate a certam use, such as a grocery store, for 10 consecutive
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years); consequences and penalties for not meetmg reqUIrements and deadlmes, such as
finanCial penalties or nght of the authonty to take or buy the land back, financIng,
mcludIng public and pnvate reqUIrements of funds (this is the greatest nsk to the
authonty In that it must antlcipate costs m advance ofknowmg final costs) Fmancmg
vanables are Influenced by final costs of acqUlsltlon of land, relocation of busmesses or
people and remediatIOn of hazardous conditions or matenals. Followmg negotiatiOns, a
redevelopment agreement or diSpositiOn and development agreement (DDA) IS prepared
memonahzmg the contract between the developer, authonty and/or city
With the agreement, the Authonty may finance itS obligatiOns under the DDA and
undertake other reqUIrements such as acqUIsition of property, relocation of bus messes or
persons and remediation of hazardous conditions of the site, If necessary
Agam, the financlal nsk to the Authonty is that If assemblage of a redevelopment site
reqUIres use of emment domain, the final fair market value for land and improvements
may not be determmed untIl after construction of the redevelopment project has begun or
has been completed by the developer
l. FINANCING URBAN RENEWAL PROJECTS
An urban renewal authority may finance ItS proJects by special or general obligatIon
bonds, secured by property, loans, grants or other assets of the authonty If authonzed by
the urban renewal plan, the authonty may receive property and/or sales tax mcrements.
The city may estabhsh improvement distncts, speclal assessments or other fundmg
sources aVailable to It for the authonty The authonty may Issue tax-exempt bonds,
however, because of the Tax Reform Act of 1986, many activities that had theretofore
been "common" for urban renewal proJects may not be financed by tax-exempt funds.
Therefore, the authority may have to Issue a combmatiOn of tax exempt and taxable
bonds or taxable bonds. The manner m which property conveyance documents are
structured and the uses of property may also determme whether tax-exempt funds be
used. Therefore, an Investment banker and bond counsel must be retamed at the
commencement of the redevelopment process to render adVice regardmg the finanCial
structunng of urban renewal projects, as well as adVice regardmg the applicatiOn of
TABOR to financing proposals. Such adVice should be utilized and mcluded m the urban
renewal plan.
J. T AX INCREMENT FINANCING (T1F)
The urban renewal plan may proVide for property and/or sales tax mcrement financmg for
the authority If the plan mcludes proVISions for property tax mcrement financmg and if
the renewal area contams eXistIng or proposed reSidential uses, the school dlstnct wlthm
the urban renewal area must be allowed to partiCipate m an adVISory capacity with respect
to the inclUSiOn of this financmg mechanism in the plan. It IS recommended that the city
proVide notices and mformation to the school dlstnct and the county regarding proposed
redevelopment-programs early III the process.
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The property tax mcrement IS determmed by estabhshmg the assessed valuatIOn of the
taxable property last certified pnor to adoptiOn of the plan wlthm the urban renewal area
as the base amount. The eXlstmg ad valorem property taxmg entitles (school dlstnct,
county, fire dlstnct, water and samtatlon distnct, etc ) contmue to receIve the taxes
generated by their respective levies apphed to that base assessed valuatIOn. Thc taxes
generated by the levy set by each taxmg entity apphed to any assessed valuatIOn m excess
of the base assessment IS paid to the authonty as mcrement. By thIs method, every other
taxmg entIty can adJust the revenue it receives, and consequently the amount received by
the authonty, by varymg its mill levy The mcremental revenues receIved by the
authonty are to be used for debt service and financial obligatIOns of the authonty Upon
payment of all financial obhgatlOns of the authonty or 25 years from the effective date of
the utlhzatlOn of property tax mcrement m the plan, whichever IS earher, all property tax
revenues (base and mcrement) are to be paid to the respective property taxmg entIties
(county, school district, etc)
The sales tax mcrement is determmed by estabhshmg the mumclpal sales tax revenues
collected wlthm the urban renewal area during the 12 months precedmg the month the
plan IS adopted as the base amount. For each plan year thereafter, the city recel\'es all
sales tax revenue generated withm the urban renewal area until It has received the base
amount. Thereafter, for the remainder of the plan year, the authonty receives the city's
portiOn of the sales tax generated withm the urban renewal area as the Increment.
If property tax mcrement financmg IS used, all (100%) of the mcrement must be paid to
the authonty If sales tax mcrement financmg IS used, the plan may provide that all or
any portiOn of the mumclpal sales tax mcrement be paid to the authonty If there IS a
general reassessment of property or an mcrease m the sales tax rate. the base amounts
must be proportiOnately adJusted.
The county assessor must be notified m wntmg of the uti IIzatlOn of property tax
mcrement Immediately followmg the approval of the plan by council
K. TIF AND TABOR
On February 14,2002 the Colorado Court of Appeals ruled m Olson \' Golden that the
Golden Urban Renewal Authonty "IS not a local government and therefore not a dlstnct
under TABOR" The court reasoned that urban renewal authontles do not share some of
the charactenstlcs of a "dlstnct" under TABOR, m that they have no power of taxatiOn
nor does the Urban Renewal Law, or any other state statute, proVide any authonty or
means for electiOns by an authonty or related to an authonty, which are necessary under
certam proviSIOns ofT ABOR. The Colorado Supreme Court refused to review the Court
of Appeals deciSiOn, therefore, thiS rule of law presently applIes to all urban renewal
authorities m Colorado
11
City of Wheat Ridge
Office of the Parks and Recreation Director
Memorandum
FROM
Randy Young, City Manager
~ .~
Joyce Manwarmg, Parks and RecreatIOn Direct(()r~~
"
TO
DATE
March 24, 2004
,)
SUBJECT: Arbonst Board InformatiOn - Study SessiOn April19, 2004
As you are aware from your attendance at the meetmg of the Arborist Board on February 5,2004 that one
member was in attendance. Below is the informatiOn I received from the members when they responded
to the RSVP for the meetmg.
Ryan Eggleton - attended
Jean Schilling - sent a letter statmg VIews, smce could not be in attendance (attached)
Robert Jobm - no need for an Arbonst Board Without a City Forester
Betty Jo Page - responded to attend, but did not (Emad addressed to Wheat Ridge City Council attached)
Debbie Bozarth - no response
Jo Shaffer - No response
James Tehha - Not mterested III servmg
At the conclusiOn of the meetmg, Ryan Eggleton volunteered to contact members ofthe board to mqmre If
they had any mterest m working together on forestry projects. Ryan Eggleton mformed me by phone on
Monday, AprilS, that he had spoken to at least one of the members and there was not an interest from that
mdivldual to contmue in any capacity as a group.
AU of the members have been inVIted to the April 19th study session to give City CounCil input regardmg
the Arbonst Board.
Attached m this packet are the followlllg items:
l) CAF entitled Ordmance Amending Chapter 24 "Trees and Shrubs" of the Wheat Ridge Code of
Laws
2) Code of Laws - Chapter 24 "Trees and Shrubs"
3) Ordlllance Amendmg Chapter 24 "Trees and Shrubs" (passed on first readmg, October 27,2003)
4) Agenda and mmutes of Arborist Board Meeting, February 5, 2004
5) Letter from Jean Schilling, member of board
6) EmaII from Betty Jo Paige, member of the board
7) Notice to the Arbonst Board of City Council study session date and time
It IS my recommendatiOn that the Parks and Recreation CommissiOn be responsible for forestry issues and
that the CommIssion have a standing agenda item at least once a year, more as needed, to diSCUSS forestry
Issues.
ITEM 2
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
October 27,2003
TITLE:
AN ORDINANCE AMENDING CHAPTER 24 "TREES AND
SHRUBS" OF THE WHEAT RIDGE CODE OF LAWS
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
[gI ORDINANCES FOR 1ST READING (Date: Oct. 27.2003)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
[gI
No
~~~
City Manage~ ~
EXECUTIVE SUMMARY:
TIus ordmance amends Chapter 24 "Trees and Shrubs" of the Wheat Ridge Code of Laws. The
Arbonst Board will be abolished and all current responsibilities of the Board will be transferred to the
Parks and Recreation Commission, eliminated or wiP be the responsibility of admmistratlVe staff.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
Due to the 2004 budget cuts, and the elimination of the Forestry position there is no longer a staff
positIon to support thIs Board. Many of the duties hsted in Chapter 24 as the responsibility of the
Arborist Board are either being completed admirustratively or are not currently needed. This
oridmance amends Chapter 24 to reflect these changes. All current responsibilities of the Arborist
Board have been transferred to the Parks and Recreation Commission, eliminated or will be the
responsibility of the admmistrative staff.
ALTERNATIVES CONSIDERED:
Retention of the Arbonst Board.
ITEM 2-ATTACHMENT 1
FINANCIAL IMPACT:
In-kind and overtrme savings of staff time and salary for evening meetings.
RECOMMENDED MOTION:
"I move that Council Bill 44-2003. an Ordinance Amending Chapter 24 "Trees and Shrubs" of the
Wheat Ridge Code of Laws Pertaining to the Arborist Board and Authorizes a Designee of the City
Forester., be approved on first reading, ordered published, and set for public hearing and consideration
on second reading at 7 :00 p.m. in City Council Chambers on November 24, 2003."
or,
"I move to indefinitely table 44-2003. an Ordinance Amending Chapter 24 "Trees and Shrubs" of the
Wheat Ridge Code of Laws Pertaining to the Arborist Board and Authorizes a Designee ofthe City
Forester for the followingreason(s) "
Report Prepared by: Joyce Manwaring, Director Parks and Recreation
Attachments:
1. Chapter 24 Code of Laws TREES and SHRUBS
2. Council Bill No. 44-2003
031027 CAF Abolish Arborisl Board
Chapter 24
TREES AND SHRUBS*
Article I. In General
Sec. 24-1. Purpose.
Sec. 24.2. City forester.
Sec. 24-3. Powers and duties of city forester.
Sec. 24-4. Rules and regulations.
Sec. 24.5. Inspection of private property.
Sec. 24-6. Control of trees, shrubs, etc.
Sec. 24-7 Planting, maintenance of trees, shrubs, etc., on public property.
Sec. 24-8. Injuring trees on public property.
Sec. 24-9. Appeals.
Sec. 24-10. Cost recovery.
Sec. 24-11. Public utilities.
Sees. 24-12-24-30. Reserved.
Sec. 24-31.
Sec. 24-32.
Sec. 24-33.
Sec. 24-34.
Sec. 24-35.
Sec. 24-36.
Sec. 24-37
Sec. 24-38-
Sec. 24-39
Sec. 24-40.
Sec. 24-41.
Sec. 24-42.
Sec. 24-43.
Sec. 24-44.
Article n. Tree Surgeons, Etc.
License required.
Types of licenses.
Application.
Examination of applicants.
Contents.
Rules and regulations generally.
Name, city of license to be displayed.
Failure to obtain license.
Insurance required.
Fee; limits on lic~nsee's activity.
Violations.
Denial.
Revocation.
Suspension.
.Cross reference-Arborist board, ~ 2-58.
State law reference-Home rule powers, CoL Const. Art. XX, ~ 6.
Supp. No. 23
ITEM 2-ATTACHMENT 2
TREES AND SHRUBS
ARTICLE I. IN GENERAL*
Sec. 24-1. Purpose.
It is the policy of the city to serve the public
health, safety and welfare by promoting and pro-
tecting trees, shrubs, hedges and other plants
because of the unique benefits they provide in
enhancing community appearance, wildlife habi-
tat and assisting in the natural control of envi-
ronmental conditions.
(Ord. No. 1999-1157, ~ 1,5-10-99)
Sec. 24-2. City forester.
The city manager shall appoint a city forester,
who shan be an employee of the parks and recre-
ation department.
(Ord. No. 1999-1157, ~ 1, 5-10-99)
Sec. 24-3. Powers and duties of city for-
ester.
The city forester shall have jurisdiction and
supervision over all trees and other plants grow-
ing on public property within the city; and over all
trees and other plants located on priv.ate property
that constitute a nuisance; a safety hazard. to
persons or property; a health hazard to other
trees and plants; or prevents the safe use of any
public area.
(Ord. No. 1999-1157, ~ 1, 5-10-99)
Sec. 24-4. Rules and regulations.
The arborist board shall have the power to
promulgate rules, regulations and specifications
for tree maintenance activities upon any public
property or utility easement.
(Ord. No. 1999-1157, ~ 1, 5-10-99)
Sec. 24-5. Inspection of private property.
The city forester shall have the right to enter
private property in order to inspect trees and
other plants during normal working hours, follow-
"Editor'. Dote-Ord. No. i999-1157, adopted May 10,
1999, repealed and re-enacted Art. I ofCh. 24 to read as herein
set out. Prior to this re-enactment, Art. I contained general
provisions pertaining to the regulation oftrees and shrubs and
was derived from Code 1977, ~~ 22-3--22-13 and 22-i5-22-
17; and Ord. No. i998-1123. adopted JWle 22, 1998.
Supp. No. 23
~ 24-7
ing no less than thirty (30) days' written notice of
such entry to the property owner or at an earlier
time by mutual agreement between the forester
and property owner. In the event the city forester
determines an emergency to exist requiring im-
mediate entry, no written notice shall be required.
The city forester shall from time to time conduct
surveys to determine if any destructive or com-
municable disease or other pestilence exists which
is detrimental or endangers the good health and
well-being of trees or other plant life in the city.
(Ord. No. 1999-1157, ~ 1, 5-10-99)
Sec. 24-6. Control of trees, shrubs, etc.
(a) It shall be the duty of the owner, agent or
occupant of any property to remove any dead or
dying tree, shrub, etc., or any portion of tree,
shrub, etc., which interferes with, obstructs, or in
any way endangers the safe use of public areas or
utility easement; eradicate, remove, or o~herwise
control such conditions of pestilence; upon writ-
ten notice from the city forester to do so and
within such reasonable time as specified on the
notice, unless the city forester determines that a
shorter period is required for the protection of the
public health, safety or welfare, such reasonable
time shall not be less than thirty (30) days. The
notice may be mailed by certified mail to the
owner of the property, personally delivered, or
posted or left at the property concemed.
(b) If the property owner refuses or neglects to
fulfill the requirements of the notice within ten
(10) days after the date specified in the written
notice from the city forester so to do, the city
forester may do or cause to be done the necessary
work incident thereto, and the expense thereof
shall be recovered from the owner of such prop-
erty in the manner provided in this article.
(Ord. No. 1999-1157, ~ 1, 5-10-99)
Sec. 24-7. Planting, maintenance of trees,
shrubs, etc., on public property.
Unless otherwise authorized by the city for-
ester, and except for routine upkeep and mainte-
nance, it shall be t.._llawful to cut, prune, spray,
remove, treat or plant any tree, shrub, etc., upon
1569
~ 24-7
WHEAT RIDGE CITY CODE
the public right of way or other public place
without first having obtained a permit from the
city forester.
(Ord. No. 1999-1157, ~ 1, 5-10-99)
Sec. 24-8. Injuring trees on public property.
(a) It shall be unlawful to injure, damage or
destroy any tree, shrub, etc. on any public prop-
erty within the city. Any person who shall injure,
damage or destroy any tree, shrub, etc. on any
public property within the city shall notify the
city forester of such occurrence and shall within a
reasonable time repair or replace the tree, shrub,
etc., to the satisfaction of the city forester.
(b) Should any person fail or refuse to repair or
replace the damaged or destroyed trees, shrubs,
etc., within a reasonable time, the city forester
shall do or cause to be done the necessary repair-
ing or replacement, and the costs recovered in a
manner provided in this article.
(Ord. No. 1999-1157, S 1, 5-10-99)
Sec. 24-9. Appeals.
Any person aggrieved by the decision of the city
forester may, within thirty (30) days of such
decision, file a written appeal with the arborist
board. The arborist board shall conduct a hearing
on the appeal within thirty (30) days of its filing.
Written notice of the hearing shall be given to the
city forester and the property owner. At the hear-
ing, the city forester and the property owner shall
have the right to present witnesses and evidence,
and the right of cross examination. After the
hearing, the arborist board shall act by majority
vote to: (1) uphold, (2) reverse, or (3) modify the
decision of the city forester. The decision of the
board shall be reviewable under Rule 106, C.R.C.P.
(Ord. No. 1999-1157, S 1,5-10-99)
Sec. 24-10. Cost recovery.
The city forester is hereby authorized to re-
cover the costs of enforcement of the provisions of
this chapter from the owner of the affected prop-
erty in the manner provided at sections 15-6 and
15-9 of this Code, or of sections 31-20-105-31-20-
107, C.R.S., or by civil action.
(Ord. No. 1999-1157, S 1, 5-10-99)
Supp. No. 23
Sec. 24-11. Public utilities.
Public utility work affecting trees, shrubs, vines,
hedges, or other plants shall be limited to the
actual necessities of the services of the utility
company. Such work shall be accomplished in a
neat and professional manner, and according to
the specifications and rules and regulations as
promulgated by the arborist board. The city for-
ester shall be notified before any work is accom-
plished within utility easements or within the
"root zone" as defined in rules and regulations, of
said trees, shrubs, vines, hedges or other plants.
(Ord. No. 1999-1157, S 1, 5-10-99)
Sees. 24-12-24-30. Reserved.
ARTICLE 11. TREE SURGEONS, ETC..
Sec. 24-31. License required.
It shall be unlawful for any person to engage
for hire, or peddling, soliciting or canvassing in
the business within the city of planting, pruning,
removing, spraying or otherwise treating trees,
shrubs or vines, or applying herbicides, insecti-
cides, fungicides, soil conditioners or fertilizers by
spraying or disseminating materials by any de-
vice other than by hand tools not actuated in
whole or in part by compressed air, gas, water or
mechanical means or source without first procur-
ing a license thereof from the arborist board.
(Ord. No 1998-1123, S 3, 6-22-98)
Sec. 24-32. Types of license.
(a) Ornamental plant license shall authorize
the business holding the license to prune or
remove small vegetation where the licensee is not
required to leave the ground except by use of a
step ladder not exceeding the height of twelve (12)
feet, and then only for the purpose of shearing
evergreens.
-Editor's note-Ord. No. 1998-1123, ~ 3, sdopted June 22,
i998, repealed and re-enacted provisions set out as Ch. 24.
Art. II. Former provisions pertained to similar subject matter
and were derived from Code 1977, ~~ 22-i8----22-26; and Ord.
No. 1996-1026, adopteA May 13. 1996.
Cross reference--Licenses, permits and miscellaneous
business regulations, Ch. 11.
1570
TREES AND SHRUBS
(b) Large tree license shall authorize the busi-
ness holding the license to prune or nfmove trees
of any size.
(c) Planting license shall authorize the busi-
ness holding the license to plant trees, shrubs,
etc.
(d) Spray licensee shall authorize the business
holding the license to spray or otherwise treat
trees, shrubs or vines, or applying herbicides,
insecticides, fungicides, soil conditioners or fertil-
izers.
(e) Stump removal license shall authorize the
business holding the license to remove tree or
shrub stumps.
(f) Arboricultural license shall authorize the
business holding the license to perform all of the
above categories.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-33. Application.
The application for every license to engage in
business under the provisions of this article shall
specify the types, classifications or kinds of ser-
vice, constituting all or any part or parts of such
business which the applicant desires to perform
or render if the same be issued and for the
performance and rendition whereof he desires to
be licensed. Applications for licenses shall be
accompanied with an application fee in the amount
established by resolution; provided however that
no application fee shall be required for renewal of
an existing license. Any change of ownership
require a new application and license with pay-
ment of fees thereof. No license shall be issued or
renewed without the approval of the city forester
and arborist board.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-34. Examination of applicants.
Before any license shall be issued under the
provisions of this article, the city forester shall
examine the applicant for such license, either
orally or in writing or partly orally and partly in
writing as the city forester, in his discretion,
deems proper, covering the applicant's qualifica-
tion and competency to engage in the types,
classifications or kinds of service for the perf or-
Supp. No. 23
~ 24-37
mance and rendition whereof his application dis-
closes that he desires to be licensed, and who
shall require such demonstratton of actual prac-
tical ability and competence or the furnishing of
such evidence of previous satisfactory experience
or testing as the city forester, in his discretion,
deems proper.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-35. Contents.
Every license issued under the provision of this
article shall show upon its face the types, classi-
fications or kinds of service constituting all or any
part of parts of such business in which the license
therein named is thereby authorized to render or
perform.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-36. Rules and regulations generally.
The arborist board may adopt rules and regu-
lations governing those aspects of the conduct of
the businesses defined in section 24-31 and 24-32
and any and all parts thereof, directly affecting
the public health and safety, and requiring the
use of such safety appliances, apparatus and
equipment as are reasonably necessary for the
protection of the workman engaged therein, the
public and private property It shall be unlawful
for any licensee hereunder to violate, or fail,
neglect, or refuse to comply with any such rules
and regulations.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sec. 24-37. Name, city of license to be dis-
played.
All automobiles, trucks, trailers and other ve-
hicles operated by licensee under the provisions of
this article for the transportation of the equip-
ment used by him in such business, and all
self-propelled, drawn or towed equipment used by
any licensee in such business shall have the name
and city of such licensee displayed on both sides
thereof in plain and legible figures not less than
three (3) inches in height, which shall be kept in
such condition as to permit the same to be readily
distinguished and read at a distance of at least
sixty (60) feet, and it shall be unlawful and
ground for revocation of his license for any lic-
1571
~ 24-37
WHEAT RIDGE CITY CODE
ensee to operate any equipment to be operated or
drawn or towed upon the streets, alleys or other
public places within the city unless or without the
same being so displayed thereon.
(Ord. No. 1998-1123, S 3, 6-22-98)
Sec. 24-38. Failure to obtain license.
(a) Any person or business engaging in busi.
ness as outlined in this chapter shall present
proof of his license for inspection upon request of
the city forester of his designee.
(b) If the person or business is unable to pro-
duce proof of the license, or identify the person in
whose possession proof of such license could be
found, the city forester may order the person or
business to cease his operation immediately and
not resume such operation until a valid license is
obtained.
(c) Any person or business who fails to comply
with such order or directive may be issued a
municipal summons and complaint.
(d) Any person or business who fails to comply
with an order to obtain a license and continues to
engage in business in the city, the city may seize
and impound any personal property of the person
or business, or his agent, located in the city and
used in any manner in furtherance of or to facil-
itate the transaction of the business in the city.
The person or business shall be notified of the
impoundment and shall have the right to demand
an admirustrative hearing before a hearing officer
appointed by the city manager. The hearing shall
be held not later than five (5) working days from
the date of the seizure, unless the vendor requests
a later date. The hearing officer at such hearing
shall determine only whether the person or busi-
ness had a valid arborist license and whether or
not the impounded property was used in the
furtherance of or to facilitate the transaction of
business. If no hearing is demanded or if a hear-
ing is held and it is determined that the property
was so used, the impounded property shall be
held until the person or business has obtained a
license. The determination of the hearing officer
shall be appealable to the district court pursuant
to Rule 106(a)(4) of the Colorado Rules of Civil
Procedure.
Supp. N Q. 23
(e) If the person or business fails to apply for a
license within ten (10) days from the date of
impoundment the city shall arrange to sell the
personal property at a public auction after thirty
(30) days' public notice by publication not less
than two (2) times in a newspaper of general
circulation within the city. Such property may be
redeemed by the owner at any time prior to sale
by paying such license fees, together with such
costs as have accrued from the seizure and prep-
aration for sale.
(Ord. No. 1998-1123, S 3, 6-22-98)
Sec. 24-39. Insurance required.
No license issued under this article shall be
effective and no such license shall be issued until.
the applicant or licensee shall have filed with the
city forester a satisfactory public liability insur-
ance policy covering all operations of such appli-
cant licensee in such business in the city in the
sum of at least two hundred fifty thousand dollars
($250,000 00) for each person injured and not
containing a limitation of liability ofless than one
million dollars ($1,000,000.00) in case of injury of
two (2) or more persons in anyone accident,
except that ornamental, planting and fertilizing
licenses contain a limitation of liability of less
than six hundred thousand dollars ($600,00000)
and in the sum of not less than one hundred
thousand dollars ($100,00000) for damage to
property. In addition, workmen's compensation
insurance satisfying the statutes of the State of
Colorado shall be on file with the city forester.
Should any policy be canceled, the city shall be
notified of such within ten (10) days after such
cancellation is effective, and a provision to that
effect, which shall also place upon the company
writing such policy the duty to give such notice,
shall be incorporated in each such policy In the
event any such insurance policy at any time fails,
in the opinion of the city forester to comply with
the provisions hereof or to afford reasonably sat-
isfactory protection to the persons intended to be
protected thereby, it shall in writing so notify the
licensee and the arborist board and failure to
maintain the insurance required hereby shall be a
ground for revocation of any such license, or in the
discretion of the city forester, for the suspension
thereof until the insurance required hereby be so
1572
TREES AND SHRUBS
furnished. It shall be unlawful for any person to
engage in the business defined in this article
while his license to do so is for any reason
suspended or after the same is for any reason
revoked.
(Ord. No. 1998-1123, S 3, 6-22-98)
Sec. 24-40. Fee; limits on licensee's activity.
The annual license fee for every licensee to
engage in the business under the provisions of
this article or in any type, classification or kind of
service constituting all or any part or parts of
such business shall be established by resolution
and the issuance of such license shall entitle and
authorize the licensee therein named to engage in
only such types, classifications or kinds of service
constituting all or any part or parts of such
business shall be designated or shown upon the
face of such license. It shall be unlawful and a
ground for revocation of such license, for the
licensee to engage in any other or different type,
classification or kind of service constituting all or
any part or parts of business.
(Ord. No. 1998-1123, S 3, 6-22-98)
Sec. 24.41. Violations.
It shall be a violation of this chapter [article] to
conduct landscape business within the scope of
this chapter within the city without a valid li-
cense or without an application filed in a timely
manner with the city forester Each day that a
business is conducted in violation of this article
shall be a separate offense.
(Ord. No. 1998-1123, S 3, 6-22-98)
Sec. 24.42. Denial.
A license may be denied for any reason that it
can be suspended or revoked.
(Ord. No 1998-1123, S 3, 6-22-98)
Sec. 24-43. Revocation.
An arborist license may be revoked by the city
forester'
(a) When the city forester determines that
issuance of the license was illegal or im-
proper
Supp. No. 23
~ 24-44
(b) When the license was issued to the wrong
person, business or premises or the wrong
license was issued.
(c) When it appears that the license was
obtained by fraud or misrepresentation or
false statements within the application.
(d) When it appears that the activity con-
ducted pursuant to such license is a public
nuisance as defined by this code, state
statute, or decided case law
(e) Upon other grounds provided by this code,
state statute or decided case law
(Ord. No. 1998-1123, S 3, 6-22-98)
Sec. 24-44. Suspension.
An arborist license may be suspended with or
without conditions, by the city forester when the
licensee has, in the opinion of the city forester.
(a) Conducted an activity pursuant to such
license which violates this Code or state
statute.
(b) Demonstrated incompetence, as measured
by generally accepted industry standards.
(c) Misused the license.
(d) Violated [any) of the provisions or condi-
tions of the license.
(e) Failed to comply with any of the license
responsibilities imposed by this chapter
[article].
(f) Knowingly conspired with a person to
permit a license to be used by another
person.
(g) Acted as an agent, partner, associate or in
any capacity with persons to evade the
provisions of this article or rules and
regulations of the city forester or arborist
board.
(h) Willfully violated or disregarded any of
the provisions of Colorado Statutes regard-
ing the use of pesticides.
(i) Repeatedly violated the provisions of this
chapter, the rules and regulations of the
city forester or arborist board, or repeat-
edly failed to obey orders in a timely
fashion.
1573
~ 24-44
WHEAT RIDGE CITY CODE
(j) Acted in a manner which would authorize
revocation of a license except actions which
make revocation mandatory
(k) Acted in a manner which would authorize
suspension provided by this Code.
(Ord. No. 1998-1123, ~ 3, 6-22-98)
Sees. 24-45-24-48. Reserved.
lTbe next page is 1623]
Supp. No. 23
1574
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 44-2003
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING CHAPTER 24 ''TREES AND
SHRUBS" OF THE WHEAT RIDGE CODE OF LAWS
WHEREAS, the Council is empowered by Section 9.2 of the Home Rule Charter
to create boards and commissions by ordinance; and
WHEREAS, said power includes the power to abolish such boards and
commissions once created; and
WHEREAS, in light of organizational and budgetary changes, the Council finds
that the Arborist Board is no longer needed.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. The Arborist Board, created by Section 2-58 of the Code of Laws. is
hereby abolished, Section 2-58 is hereby repealed and the section number retained as
"Reserved," and all references elsewhere in the Code of Laws to "Arborist Board" are
amended to read "Parks and Recreation Commission."
Section 2. Section 24-36 of the Code of Laws is amended to read:
The orborist board CITY FORESTER OR HIS OR HER
DESIGNEE may adopt rules and regulations governing
those aspects of the conduct of the businesses defined in
Section 24-31 and 24-32 and any and all parts thereof,
directly affecting the public health and safety, and requiring
the use of such safety appliances, apparatus and equipment
as are reasonably necessary for the protection of the
workman engaged therein, the public and private property. It
shall be unlawful for any license hereunder to violate, or fail,
neglect, or refuse to comply with any such rules and
regulations
Section 3. Sections 24-4 and 24-9 of the Code of Laws are hereby repealed and
the section numbers retained as "Reserved."
Section 4. All references in the Code of Laws to the "City Forester" are hereby
amended to read "City FOI.ester or his or her designee."
GED\53027\454472.1
ITEM 2-ATTACHMENT 3
Section 5. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2003, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for , 2003, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2003.
SIGNED by the Mayor on this
day of
,2003.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication.
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\4544 72.1
CITY OF WHEAT RIDGE
ARBORIST BOARD MEETING
February 5, 2004
7:00 P.M.*
WHEAT RIDGE RECREATION CENTER
4005 Kipling Street
Conference Room
AGENDA
1. IntroductIons
. Randy Young, City Manager
. Joyce Manwaring - Director, Parks and Recreation
2. Update on Forestry Program
3. Discussion - Arbonst Board Vision/Goals
4 Adjournment
*Note Time Change
Please RSVP whether or not you will attend this meeting to Carol Mullin at 303-231-
1307 Thank you.
ITEn,. 2-ATTACHMENT 4
CITY OF WHEAT RIDGE
Arborist Board Meeting
February 5, 2004
Joyce Manwanng called the meetmg to order at 7.15 p.m. Members present: Ryan
Eggelton. Staff present: Randy Young-City Manager, Joyce Manwaring-Parks &
RecreatiOn DIrector, and Tom Crocker-Semor Staff Assistant.
ITEM 1 - INTRODUCTIONS All present mtroduced themselves.
ITEM 2 - UPDATE ON FORESTRY PROGRAMS Joyce Manwarmg gave an
overview of Forestry servIces smce there is no longer a City Forester. She also explamed
the restructure of the entire Parks DiVision. In Parks there is now an Operations
Supervisor and a Project Manager. In Forestry the city still has a Forestry TechmClan and
Forestry Assistant that do tree trimming. The Horticulture Assistant was converted to a
Parks Mamtenance Worker I to prOVIde flexibihty inJob duties. The Forestry Teclmician
works as a crew leader m the field and recommends outsourcmg when necessary, as has
been done m the past. The Parks ProJect Coordinator orders the work to be done through
outsourcmg. The Forestry section no longer does pnvate property consulting or code
enforcement. Services that are still bemg provided mclude takmg care of trees m the
nght of way and m the parks and the I1censing of Tree Care Compames. Efforts are made
to keep track ofunhcensed tree compames workmg m the cIty as much as possible. In
terms of education about tree conditions and tree dIseases, the current method is to
prOVide CItizens With resources includmg local nurseries, State Forest Service and CSU
extensIOn services. The department is still refinmg the system for educatiOn at thiS hme.
ITEM 3 - DISCUSSION - ARBORIST BOARD VISION/GOALS: Ryan Eggelton
spoke to the fact that a city council member that was interested m keeping the Arbonst
Board active contacted him. Ryan had very hmited response when he contacted Arbonst
Board members m an effort to keep an active board. Ryan expressed concern that it
doesn't seem that there is an mterest for Citizen participatiOn m the Arbonst Board
currently due to the lack of attendees at this evenings meeting. He does think it is
Important that the tasks the board was workmg on and involved With remain in the
awareness of City staff Important items mclude Arbor Day, RHE tree walk, Tree City
USA and the program that proVIdes rebates for tree plantmg. Joyce mentIOned that she
has submitted the Tree City USA apphcation and that the City meets the qual1ficatlOns.
Ryan also felt it was nice to have strong representatiOn from the Happmess Gardens on
the Arborist Board. He feels it is important to continue hortlculture classes at the
Recreation Center and keep up With the hazard tree mventones and education. Some of
the thmgs done by the Arbonst Board have mcluded gomg through some of the tree
regulations, memonal tree program mformation and reView of Sights avallable to do tree
plantmg and actlvltles. Ryan stated that the Arbonst Board was valuable when there was
things to diSCUSS but probably didn't need to meet monthly. If the Board had a better
VISIOn or mission statement It could have had a more positive Impact on the city. Ryan
also realizes with staff and budget constraints that It IS a real challenge to do everythmg
you would like to do His hope IS that Forestry issues don't take a back seat to other
things m the city It IS important to have a conduit back to the city and a pomt of contact
and perhaps the Parks & Recreation Commission could be that pomt with Forestry Issues
as a regular agenda Item
Randy Young stated that the council agrees that the pnonty is to mamtam the Urban
Canopy With limited resources and do It through reorganizatIOn. He explamed that the
reason the CIty IS lookmg to reorgamze the boards & commISSIOns is not because the
board members were not domg a good service. The CIty really apprecIates the resources
that members were proVIding. There is concern that the city was not going to be able to
prOVide the proper service to the board WIthout having a CIty forester He IS lookmg to
see If the group wants to restructure m some way and explore optIOns that may be
avarlable. He hoped to look at those options thIS evening If a group of people eXIsts that
are stIll mterested. Randy suggested to Ryan that the board could regroup and establish
goals and vIsions ofthe group He mVlted mterested current Arborist Board Members to
a CIty Council Study Session scheduled for Apnl19th, 2004 to dISCUSS options With the
City Council. A notice WIll be sent out regarding the Study SeSSIOn.
Joyce handed out a letter she receIved from Arbonst Board member Jean Schillmg
regardmg her mput on the Arbonst Board status. Jean is out of town and unable to attend
thIS evemngs meetmg. Ryan will try to get With the current Arbonst members and see If
there is any mterest from the members to contmue as a group.
ITEM 4 - ADJOURNMENT: Meetmg adjourned at 8'00 p.m.
204A
January 27,2004
Wheat Ridge Recreation Center
Attn. Joyce Manwaring, Director, Parks and RecreatIon
4005 Krpllllg Street
Wheat Ridge, CO 80033
Dear Ms. Manwanng:
I am III receIpt of your notification of the February 5, 2004 arbonst board meeting.
Unfortunately, I Will not be able to attend since I WIll be out of town that entire week.
I believe the arbonst board should be retained as a separate commISSIOn. If this is not feasible at
the present time due to the lack of a city forester and budget restraints, I would like to see the
board III a "hold" not abolishment status until the day comes a new city forester can be included
once again as part ofthe city's budget.
In the short time I served on the board I found there IS potential for CItIzen mvolvement under the
nght kind of leadership. One of the thmgs the board could consider is volunteer weed control. It
could orgamzer weed removals efforts at certain tImes of the year under the gUidance of a
knowledgeable mdlvidual.
It could also participate in the care and city replantmg tree program that was started three years
ago. This program could have been handled much better had there been mformatlon
disseminated to tree owners and more concerted and organized efforts to see that newly planted
trees were watered on a tImely and consistent baSIS with no tree missed or overlooked.
I strongly urge, that the tree planting program, be maintain. Wheat Ridge is conSIdered a "tree
city" and m order to maintain that tItle a certam amount oftlme, money and effort has to be
expended. The arborist commIssion can help WIth this.
Thank you for the invitation. I hope you strongly conSider the potentIal CItIzen involvement
under the nght kind of leadership with a commIssion dedIcated to protectmg and maintaining the
plant life of the city of Wheat Ridge.
ITEM 2-ATTACHMENT 5
Page 1 of 1
ENOS S. GOKEY
From:
To:
Sent:
Subject:
"Betty J Page" <bettyjpage@juno.com>
<egokey@comcast.net>
Monday, November 24, 2003 1 '12 PM
Wheat Ridge arborist board
Dear members of the Wheat Ridge City Counsel
I am a member of the Wheat Ridge Arbonst board. I encourage you to continue the Arborist board as
is. I believe that contacts with and resources withm the community provide experience and willingness
not always avarlable in paid staff members.
I recognize that we are without a leader since Bill left. There are other possibilities of what to do with
the Arborist board besides shutting it down
. Putting the Arborist board III an inactive state to be reactivated in the future would take much less
energy than disbanding the board now and creating a new one in the future.
. Another thought is to use the board even more now since the city no longer has an arborist. The
board could work with Joyce directly or be contacted whenever tree issues come up
When used properly, citizen boards provide mterest, energy, mvolvement and expertise, all for little to
no cost.
Sincerely,
Betty J 0 Page
Wheat Ridge resident
Arborist board member
ITEM 2-ATTACHMENT 6
11/24/2003
The City of
7500 WEST 29TH AVENUE
.
WHEAT RIDGE, COLORADO 80033
CWheat
'Ridge
April 5, 2004
Karen Grupe
2835 Eaton St.
Wheat Ridge, CO 80033
RE: Study Session on Arbonst Board
Dear Karen:
Although I have heard from most of you regarding your interest in continuIllg to serve on
the Arborist Board I would like to notify you that City Council will be discussing the
elimination of the Arborist Board at the April 19th study session. The seSSIon will be
held at City Hall at 7pm.
If you have any questions please don't heSItate to call me at (303) 231- 1308.
SIllcerely,
eJru !j1CL!A oJ_)
fc:yce Manwaring
Director, Parks and RecreatIOn
)
ITEM 2-ATTACHMENT 7
(303) 234-5900 . ADMINISTRATION FAX. 234-5924 . POLICE DEPARTMENT FAX. 235-2949
STUDY SESSION
April 19, 2004
ITEM 3.
City of Wheat Ridge
Office of the Parks and Recreation Director
Memorandum
,~~a\ "HE, ."
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TO:
FROM'
Rand) Young. City Manager
Joy" Mm>wanng. P",k, and R""ation D""t~ \'I'
April 14. 2004
DATE'
SUBJECT:
DennIng Trail Connection
The property located south of the Recreation Center, commonly referred to as the DennIng Propcrt).
(l0135 W 38th Ave.) has been submitted to the Community Development Department fix development
reVlev,
History of the property as it relates to the Recreation Center:
. When the Center was constructed. the CIty purchased and traded parcels of land with the Dennings
as part of the development needs of the Center The result ofalJ of the above was a written
agreement that stated the developer of the property would reimburse the CIt) for the Improvements
on KiplIllg (i.e traffic light, decellane).
. The agreement also gives the City a land dedIcatIOn to bUild a trail along the north portIOn of the
DennIng property when it IS developed.
The Parks and Recreation Department has requested that Community Development approach the
developer for the following:
. AddItIOnal 15 ft. WIde land dedication or easement as part of the sIte plan. (See attached site plan)
This additional easement or dedication would proVide land for a tratl from the current land
dedIcation (included in the above referenced agreement) to 38th A venue.
. This land is requested for the purpose of prO\l\dmg a trail that connects 38th A venue on the north
side to the Center and the Clear Creek Trail
. This trail would be the first step m proVidIng access to the Recreation Center and Clear Creek trail
from other than the "sidewalk-- on Klplmg.
. Eventually the trail could connect With any Improvements made to 38th Avenue
Any reduction in the funds due the CIty are not a part of this request. The developer to date has shown an
interest in aiding the CIty WIth thIS project. The Parks and Recreation Department would then construct
the trail at a future time.
ITEM 3
RECREATION
PROPERTY
CENTER
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STUDY SESSION
April 19, 2004
Item 4.
City of Wheat Ridge \ \
Department of Public Works
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Randy Young, City Manager ~ .
Tim Paranto, Director of Public Works ) ~
April 15, 2004
Stormwater Management Program
The Federal Clean Water Act requires that stormwater discharges from certain types of
facilities be authorized under stormwater discharge permits. The goal of the stormwater
permits program is to reduce the amount of pollutants entering streams, lakes and rivers as a
result of runoff from residential, commercial and industrial areas. The City was required to
obtain a Discharge Permit for its stormwater system last year as a Phase II system owner. The
City's Permit was issued under a general permit issued by the State for municipal stormwater
discharges. The City's Permit is included (Attachment 1).
The Federal regulations and the State permit require that the City of Wheat Ridge, as storm
sewer system operator, must "develop, implement, and enforce a stormwater management
program designed to reduce the discharge of pollutants from the [City] to the Maximum Extent
Practicable (MEP), to protect water quality, and to satisfy the appropriate water quality
requirements of the Colorado Water Quality Control Act". In short, the City must develop
programs that meet the requirement of the Six Minimum Measures and protect state waters
from pollution, contamination, and! or degradation. The City must have a fully operational
program by March, 2008.
The core requirements of the Permit include development and implementation of six
stormwater management programs, or Minimum Measures These measures include:
1 Public education and outreach
2. Public participation! involvement
3. Illicit discharge detection and elimination
4. Construction site stormwater runoff control
5. Post construction stormwater management
6. Pollution prevention! good housekeeping for municipal operations
Staff submitted a plan for developing and implementing the six Minimum Measures and
measurable goals with the permit application. A summary of the minimum measures identified
in the Wheat Ridge Permit Document has been provided in the attached table of Wheat Ridge
Phase II Permit Requirements (Attachment 2).
PHASE II PROGRAMS IN ADJACENT CITIES
_ The City of Wheat Ridge is immediately surrounded by numerous cities, which are in varying
stages of compliance with the Phase II requirements. Nearby Phase II cities include Arvada,
ITEM 4
Golden, Broomfield, Thornton, Loveland, Federal Heights, Westminster, Northglenn, and
Commerce City Nearly all of these cities have begun to comply with many of the Program
areas, and are fairly advanced in the implementation of their Programs. Several cities have
established stormwater utilities to sustain the Phase II programs, most notable including
Arvada, Golden and Westminster. For additional information, see the attached chart of
Colorado Municipalities Phase I and II Program Data (Attachment 3).
CURRENT WHEAT RIDGE COMPLIANCE STATUS
The City is currently in compliance with the Permit issued last year. Although the City has
established its general Program concepts and measurable goal timelines to be in full
compliance by March, 2008, the City is in the very early stages of developing the Phase II
program areas. At this time, no specific Program items have begun development. To
accomplish many of the Programs, the City is required to enact enforcement procedures via
implementation of a Stormwater Ordinance, which is scheduled for 2006.
RESOURCES REQUIRED FOR PROGRAM
The Federal government has imposed the new stormwater management regulation without
provision for funding the operation of the program. The Urban Drainage and Flood Control
District (UDFCD) has published estimates of the manpower effort required to maintain a
stormwater management program. UDFCD estimates that a city the size of Wheat Ridge will
need to allocate between 3,000 and 4,000 man-hours each year to run the program.
Additionally, new equipment, tools, materials and printing services are necessary to implement
the minimum regulations. The estimated cost of the program is $150,000 per year.
Many cities in Colorado and throughout the country have created stormwater utilities to finance
the new stormwater management programs. A summary of Colorado cities that are utilizing
stormwater utilities to finance stormwater management programs is attached for your use
(Attachment 3). Typically, stormwater fees are collected from each property, similar to sanitary
sewer fees and garbage collections fees.
STORM SEWER SYSTEM NEEDS
A number of Colorado cities are also financing storm sewer system improvements through
their stormwater utilities. The most recent Wheat Ridge Stormwater Master Plan was
completed in 1979. Several of the larger projects recommended in the Master Plan have been
constructed, but many of the deficiencies in the City's storm sewer system remain. A list of the
identified system needs is included (Attachment 4). The estimated cost of the recommended
improvements is in excess of $25,000,000. A new Stormwater Master Plan should be
developed to prioritize needs throughout the City.
RECOMMENDATIONS
Staff developed the Stormwater Management Program implementation plan such that there
was minimum activity and costs in 2004. The new Program will require a significant budget in
2
2005. Staff recommends that the City Council consider creating a Stormwater Utility to fund
the Program. Staff also recommends that the fees established for the Utility be sufficient to
fund storm sewer improvements each year.
3
STATE OF COLOMDO
Bill Owens, Governor
Douglas H. Benevento, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr S. Laboratory SelVices Division
Denver. Colorado 80246-1530 8100 Lowry Blvd.
Phone (303) 692.2000 Denver. Colorado 80230-6928
TDD Line (303) 691-7700 (303) 692-3090
Located in Glendale, Colorado
hllp://WWN .cdphe.state.co. us
Colorado Department
of Public Health
and Environment
Randy Young, City Manager
Wheat Ridge, CIty of
7500 West 29th Avenue
Wheat RIdge, CO 80033
303-235-2804
t(Q)[p1{
March 13,2003
RE. Final Permit, Colorado DIscharge PermIt System - Stormwater
Certification No. . COR-090015
Wheat RIdge, City of
Local Contact:
Timothy Paranto, P W Director
303-235-2860
Dear Sir or Madam:
Enclosed please find a copy of permit and certIfication which have been Issued to you under the Colorado Water
Quality Control Act.
Your certificatIOn under the permit reqUires that specIfic actions be performed at designated times. You are
legally obligated to comply with all terms and condItions of your certificatIOn.
As detailed in the permIt, the DiVISIOn will perform a revIew of the CDPS Stormwater Management Programs
mcluded in the application and notify the permittee wlthm 180 days of submittal If any madequacies are
determmed,
Please read the permit and certificatIOn, If you have any questions, contact Nathan Moore at (303) 692-3555.
Smcerely,
o~ V4-
Kathryn Dolan
Stormwater Program Coordinator
Permits Unit
WATER QUALITY CONTROL DIVISION
xc: Regional Council of Governments
Local County Health Department - Jefferson County
DIstrict Engineer, Technical ServIces, WQCD
File Copy
:R H' r p_ n n:;:D
MAt{ 1 7 2003
ITEM 4 - ATTACHMENT 1
BY:
Permit No COR-090000
CertIficatIOn No COR-090015
PAGE I of19
CERTIFICATION
CDPS GENERAL PERMIT
STORMW ATER DISCHARGES ASSOCIATED WITH
MUNICIP AL SEPARATE STORM SEWER SYSTEMS (MS4s)
ThIS permit specifically authorIzes: Wheat Ridge, City of
to discharge stormwater [rom portIOns of theIr MS4 located in an UrbanIzed Area
to State waters, IllcludIllg but not hmited to'
Lena Gulch, Clear Creek
effective'
March 13,2003
Annual Fee: $1,004 (DO NOT PAY NOW You WIll receive a bill later.)
Next Annual Report Due: 3/10/04
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Page 2 of 19
PermIt No. COR-090000
CDPS GENERAL PERMIT
STORMW ATER DISCHARGES ASSOCIATED WITH
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In complIance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq.) CRS,
1973 as amended) and the Federal Water PollutIon Control Act, as amended (33 U.S.C. 1251 et seq., the
"Act"), thiS permit authonzes the discharge of stormwater associated with municipal separate storm sewer
systems certified under this permIt, from those locations specified throughout the State of Colorado to
specified waters of the State. Such discharges shall be in accordance WIth the conditions of this permit.
ThIS permit specifically authorizes the municipality listed on page 1 of this permit to discharge
stormwater associated with municipal separate storm sewer systems, as of this date, in accordance with
permit requirements and condItions set forth in Parts I and IT hereof. All dIscharges authorized hereIll
shall be consistent with the terms and conditions of this permit.
This permit and the authorization to discharge shall expire at midnight, March 9,2008.
Issued and Signed this 7TH day of February, 2003
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
~R~~
Mark T. Pifher, Director
Water Quality Control Division
DATE SIGNED: FEBRUARY 7, 2003
EFFECTIVE DATE OF PERMIT: MARCH 10, 2003
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
COR-090000
TABLE OF CONTENTS
PART I
A. COVERAGE UNDER THIS PERMIT ................. ................................................................................ 3
1. Authority to Discharge ................................................................... 3
2, Discharges Covered Under this Permit ....................................................................................... 3
3 Permit Area .....,.,....,.............,......................,....,......,... .........,...............................................,..........., 3
4. Applicability ..............,.................,...... .......,..." ....,...................................................., 3
5. Application, Due Dates ........,..................... ...............,.....................................,......................................... 3
6. Permit Certification Procedures .................. .............................................................................. 4
7. Pemrit Expiration Date......................... ........................................................................... ............... 5
B, CDPS STORMW A TER MANAGEMENT PROGRAM ....................................................................................... 5
1. Public Education and Outreach on Stormwater Impacts .......................................................................................... 6
2. Public Involvement/Participation ,...........,.......".....,........,...,........, .................,.........................,...........,....,..... 6
3. Illicil Discharge Detection and Elimination ............................................................................................ 7
4. Construction Site Stormwater Runoff Control ................................................................................... ... 8
5 Post-Construction Stormwater Management in New Development and Redevelopment .................... ........ 9
6. Pollution Prevention/Good Housekeeping for Municipal Operations .......................................................... 9
C. OTHER TERMS AND CONDITIONS................... ...................................................................................................... 10
1 General Limitations.................,.,..........................".... .....................,...................,..... ...............,. ............."....,........ 10
2. Releases in Excess of Reportable Quanl1ties ........................................................................................ 10
3 CDPS Stormwater Management Program Availability ........................................................ 10
4 Resources ...............,......,......,....................,........................................., ..................................... 10
5. TMDLs...,...........................,.,............... .............. ......,........,.............,.......................,......,......... 10
6. Special Provisions for Non-Standard MS4s ......................................... ............................................. II
7. Implementation by Other Parties................................................................................... ...................... II
8. Monitoring ................................. ............ ............................ ...................................... II
D. PROGRAM REVIEW AND MODIFlCA TION ... .................................................................................. II
I Division Review of Programs and Reports ............................................................................................... 11
2. CDPS Stormwater Management Program and Measurable Goals Modification .......................................... 12
3. Demonstration of Adequacy ....... ...................................... .............. 13
4. Annual Program Review .......................................,....".,............,.,.................. .............................,....,.....,.,.......... 13
E.
REPORTING REQUIREMENTS - ANNUAL REPORT..
................ 13
F
DEFINITIONS
..................,..."..........,............................................,........,.. 14
G.
GENERAL REQUIREMENTS.................,.,.........., .........................,...........,.........,........,... ............................. 15
I. Signatory Requirements ..................,...................................,....,..,...........................,............................... 15
2. Retention of Records............................... 15
-2a-
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
COR-090000
TABLE OF CONTENTS (cont.)
PART II
A. PERMIITEE RESPONSIBILITIES ................................................. ................. ............................................ 16
\, Duty to Comply ...,...,...............,...........................,......,.............,.."...............................,.......................................... 16
2. MinimizatIon of Adverse Impact ........................................... ................................................................................ 16
3 Proper Operalion and Maintenance ..........................................................................,.............................................. 16
4 Reduction, Loss, or Failure of Treatment Facility ......................................................... ........................................ 16
5 Inspections and Right to Entry ........,......................,.........,..,..,.........,............,.......................................................,. 16
6. Duty to Reapply .......................,................................., .....,................,....,..............,............................................., 16
7 Duty to Provide Information .................................................................................................................................. 17
B. NOTIFICATION, REPORTING AND ADMINISTRATIVE REQUIREMENTS ..................................... ............................. 17
I. Noncompliance Notification .............................................,..................................................................................... 17
2. Availability of Reports ............,., ........... ......... ............ ........................... .......... ............................ ............................ 17
3 Submission of Incorrect or Incomplete Information ............................................................................................... 17
C. MODIFICATION OR TERMINATION OF PERMITS............................................................................................................ 17
D CONSISTENCY WITH OTHER LAWS AND REGULATIONS ................................................ ........................................... 18
I State Laws .................................................. ................ ......................... ........... ........................... 18
2. Property Rights ......... ..... ......... ...... ......,. .................... .........".."..,...... .........,... ............................ ......,.................. 18
3. Oil and Hazardous Substance Liability .................................................................................................................. 18
4 Removed Substances...........,..... .......... .....................,.... .......................... ........... ..............,.. ...... ........................ ...... 19
E. OTHER STANDARD CONDITIONS ...................................,................,....,.,...........,.......,..........,....,....................................... 19
I Requiring an Individual CDPS Perntit............,..................,...................,................................,............................... 19
2, Severability..,...,.......,.....,.,....... .......,....... .......... ......,.............., ....... ........ ...............,.. ........ ......... ........,.......,...,........'
19
3. Fees ........... .............. ...... ................................., ...............,..... ............... ................... ...........,.... .......... .......,..........
19
-2b-
PART!
Page 3
Permit No. COR-090000
PART I
A. COVERAGE UNDER THIS PERMIT
1. Authority to Dischafl!e
Under this permil, beginning immediately and lasting through March 9, 2008, municipalities are authorized to discharge
stormwater and allowable non-stormwater discharges (see part LB.3.a.4 of this permit) from their municipal separate
storm sewer system (MS4) in accordance with the CDPS Stormwater Management Program requirements, and other
provisions set forth herein.
2. Discharl!es Covered Under this Permit
This permit authorizes new or existing discharges composed entirely of stormwater from the identified MS4
The following discharges are not authorized by this permit: process wastewater, stormwater discharges that are mixed
with process wastewater, or stormwater associated with industrial activity, unless such discharges are authorized under
separate CDPS permits and are in compliance with the provisions of those permits
Non-storrnwater discharges into the MS4 from the sources listed in Part I.B.3,a.4 of this permit do not need to be
addressed under the permit, unless they are determined to be a substantial contributor of pollutants to waters of the State,
subject to the conditions outlined under Part I.B.3.a. of the permit.
3. Permit Area
This permit covers all areas designated by the Water Quality Control Division ("Division") within the boundaries of the
municipality identified in the certification that are served by, or otherwise contributing to, discharges to state waters from
municipal separate stonn sewers owned or operated by the municipality The certification will specify whether the
coverage is only for the areas of the MS4 that are within an urbanized area, or for other areas instead or in addition.
The permittee must implement the CDPS Stonnwater Management Program as described in Part LB for all new areas
added to their MS4 (or for which they become responsible for implementation of stormwater quality controls) that are
within an urbanized area. Implementation shall begin as expeditiously as practicable, but not later than one year from
addition of the new areas. Implementation may be accomplished in a phased manner to allow additional time for
controls that will not be fully implemented within one year.
4 Aoolicability
This permit covers discharges from small MS4s that are regulated under the Colorado Discharge Permit Regulation
61.3(2)(1)(iii) and (v). This includes MS4s that are:
a) located in an urbanized area as determined by the latest Decennial Census by the U.S. Bureau of the Census. Non-
Standard MS4s within urbanized areas are also included if they are designed for a maximum daily user population
(residents and individuals who corne there to work or use the municipality's facilities) of at least 1000;
b) designated by the Division as needing permit coverage, using the criteria outlined in 61.3(2)(f)(v)(A)(III) of the
Colorado Discharge Permit Regulations; or
c) determined by the Division to contribute to a violation of a water quality standard or to be a significant contributor
of pollutants to state waters.
5 Application. Due Dates
a) Application Due Dates: By March 10,2003, or within 180 days of Division notification, whichever is later, the
operator of the MS4 shall submit an application form as provided by the Division. (The Division retains the right to
grant permission for a later date upon good cause shown.)
A. COVERAGE UNDER TillS PERMIT
PART I
Page 4
Permit No, COR-090000
One original completed discharge permit applIcation shall be submitted, by mail or hand delivery, to:
Colorado Department of Public Health and Environment
Water QualIty Control Division
WQCD-P-B2 - Stormwater Program
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
b) Application Form: The application form requires, at a minimum, the following information:
I) Name and address of principal executive officer, ranking elected official, or other duly authorized employee in
charge the of municipal resources responsible for permit implementation
2) MS4 location description and map
3) Names of State waters that receive discharges from the permittee's MS4
4) Name of the person responsible for overseeing implemenlation and coordination of the CDPS Stonnwater
Management Program
5) MS4 population and area
6) Summary description of the overall water quality concerns, priorities, and goals specific to the permittee that
were considered in the development of the CDPS Stonnwater Management Program
7) CDPS Stormwater Management Program description consisting of, at a minimum, a general description of the
program elements that will be implemented (or already exist) for each of the CDPS Stonnwater Management
Program Areas (see Part 1.B of the permit)
8) Measurable Goals for each of the program areas including, as appropriate, the months and years by which the
permittee will undertake required actions, including interim milestones and the frequency of the action.
9) Program implementation area (i.e., urbanized area vs. overall jurisdiction)
10) Joint application(s) (if applicable)
The descriptions for Items 7 and 8 above must be detailed enough for the Division to determine the permittee's
general strategy for complying with each of the required items listed in subsection a) of each of the six program
areas (Parts I.B.l-6 of this permit). This must include an indication of which program elements (such as those in
the Colorado's Phase II Municipal Guidance) the permittee intends to utilize, and to what degree particular
elements will be stressed. The detailed descriptions listed in subsection b) of each of the six program areas (parts
I.B.l-6 of this permit) are not required to be submitted in the application beyond what is required in Item 6 above.
6. Permit Certification Procedures
If the general permit is applicable to the applicant's operation, then a certification will be developed and the applicant
will be authorized to discharge sto~water under this general permit.
a) Request for Additional Information: The Division shall have up to 30 days after receipt of the above
information to determine application completeness, and to request additional data and/or deny the authorization for
any particular discharge. Upon receipt of additional information, the Division shall have an additional fifteen
days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases
where coverage under an alternate general permit or an individual permit is required, instead of coverage under
this permit.) The Division shall have up to 180 days after reCeipt of the complete application to determine the
adequacy of the permittee's CDPS Stormwater Management Program as descnbed in the application. See Part
I.D.l of this permit.
b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of
denial from the Division dated within 30 days of receipt of the application by the Division, authorization to
discharge in accordance with the conditions of this permit shall be deemed granted.
PART I
Page 5
Permit No. COR-090000
A. COVERAGE UNDER THIS PERMIT
c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the CDPS
Stormwater Management Program), it is found that this general permit is not applicable to the operation, then tbe
application may be processed as one for an individual permit with the applicant's approval. The applicant will be
notified of the DivIsIOn's decision to deny certification under this general permit. For an individual pennit,
additional information may be requested, and 180 days will be required to process the application and issue the
permit.
d) Temporary Coverage: Notwithstanding Parts LA.6.a-c, above, the Division reserves the right to temporarily
cover stormwater discharge from MS4s under general permits, even though individual permit coverage may be
more appropriate.
Certification of these activities under a general permit does not in any way infringe on the Division's right to
revoke that coverage and issue an individual permit or amend an existing individual permit.
e) General vs. Individual Permit Coverage: Any operator authorized by this permit may request to be excluded
from the coverage of this permit by applying for an individual CDPS permit. The operator shall submit an
individual application, with reasons supporting the request, to the Division at least 180 days prior to the time that
coverage under an individual permit is needed.
f) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
7, Permit Expiration Date
Authorization to discharge under this general permit shall expire on March 9,2008. The Division must evaluate and
reissue this general permit at least once every five years and must recertify the applicant's authority to discharge under
the general permit at such time. Any pennittee desiring continued coverage under the general permit must reapply by
September 9,2007 The Division will determine if the applicant may continue to operate under the terms of the general
permit. An individual permit may be required for any facility not reauthorized to discharge under the reissued general
permit.
B. CDPS STORMWA TER MANAGEMENT PROGRAM
The permittee must develop, implement, and enforce a CDPS Stormwater Management Program, in accordance with Part l.B
of this permit, designed to reduce the discharge of pollutants from their MS4 to the maximum extent practicable (MEP), to
protect water quality, and to satisfy the appropriate water quality requirements of the Colorado Water Quality Control Act (25-
8-101 et seq., C.R.S.) and the Colorado Discharge Permit Regulations (61). Implementation ofBMPs consistent with the
provisions of the CDPS Stormwater Management Program and the other requirements in this permit constitutes compliance
with the standard ofreducing pollutants to the MEP.
The permittee's CDPS Stormwater Management Program must include the six program areas, including Measurable Goals,
described below Implementation of the permittee's CDPS Stormwater Management Program as described in the application
is required to begin within 30 days after the completed application is submitted, or by April 9, 2003, whicbever is later
Measurable Goals for each of the program areas must include, as appropriate, the months and years by which the pennittee
will undertake required actions, including interim milestones and the frequency of the action. Measurable Goals must be
continued until each program area has been fully developed and implemented.
A staged implementation is allowed. The permittee must fully develop and implement the CDPS Stormwater Management
Program as discussed in Part I.B of the permit, by March 9, 2008. At a minimum, the program areas must be developed and
implemented at a relatively steady rate over the initial permit term, to the MEP.
The Division may grant a waiver allowing the permittee to have their programs partially completed by March 9, 2008 only if
the permittee is designated by the Division (as requiring permit coverage) after September 9, 2003
B. CDPS STORMW ATER MANAGEMENT PROGRAM
PARTI
Page 6
Permil No. COR-090000
The permittee must develop and maintain a written record detailing the various components of the CDPS Stormwater
Management Program. Program elements used to meet the requirements of the stormwater management program areas, as
described in subsection a ofItems I through 6 below, must be included in the record as they are implemented.
Descriptions listed in subsection b ofItems 1 through 6 below should be recorded as part of the development process prior to
implementation for all program area elements that are implemented following application submittal. The Division reserves the
right to require that the information, or similar information, listed in subsection b of Items I through 6, be developed and
submitted for any program area elements, in order to determine program adequacy (see Part I.D.3).
Public Education and Outreach on Stormwater ImDacts
a) The permittee must implement a public education program to:
I) distribute educational materials to the community or conduct equivalent outreach activities about the impacts
of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in
stormwater runoff; and
2) inform businesses and the general public of impacts associated with illegal discharges and improper disposal
of waste.
b) The program area should include descriptions of:
I) how the permittee plans to inform individuals and households about the impacts of stormwater pollution and
steps they can take to reduce it;
2) the target audiences for the education program who are likely to have significant stormwater impacts
(including commercial, industrial and institutional entities) and why those target audiences were selected;
3) the target pollutant sources the program area is designed to address;
4) the pennittee' s outreach strategy, including the mechanisms (workshops, media, brochures, etc.) to be used to
the reach the target audiences, and how many people are expected to be reached over the permit term; and
5) what position or functional unit is responsible for overall management and implementation of this program
area.
2. Public InvolvementlParticination
a) The permittee must, at a minimum, comply with State and local public notice requirements when implementing
the CDPS Stormwater Management Programs required under the permit. Notice of all public hearings should be
published in a community publication or newspaper of general circulation, to provide opportunities for public
involvement that reach a majority of citizens through the notification process.
b) The program area should include descriptions of:
I) how the permittee will involve the public in the development and implementation of the CDPS Stormwater
Management Program;
2) the target audiences for the public involvement program. The permittee is encouraged to actively involve all
potentially affected stakeholder groups, including commercial and industrial businesses, trade associations,
environmental groups, homeowners associations, and educational organizations, among others;
3) the types of public involvement activities included in the program; and
4) what position or functional unit is responsible for overall management and implementation of this program
area.
PART I
Page 7
Pemut No. COR-090000
B. CDPS STORMW A TER MANAGEMENT PROGRAM
3. Illicit Dischan!e Detection and Elimination
The pennittee musI develop, implement and enforce a program to detect and eliminate illicit discharges into the
pennittee's MS4
a) The pemuttee must:
I) Develop a storm sewer system map, showing the location of all municipal storm sewer outfalls and the names
and location of all state waters that receive discharges from those outfalls;
2) To the extent allowable under State or local law, effectively prohibit, through ordinance or other regulatory
mechanism, non-stormwater discharges into the storm sewer system, and implement appropriate enforcement
procedures and actions;
3) Develop and implement a plan to detect and address non-stormwater discharges, including illicit discharges
and illegal dumping, to the system The plan must include the following three components: procedures for
locating priority areas likely to have illicit discharges; procedures for tracing the source of an illicit discharge;
and procedures for removing the source of the discharge; and
4) Address the following categories of non-storm water discharges or flows (i.e., illicit discharges) only if the
pennittee identifies them as significant contributors of pollutants to the pennittee's MS4 landscape
irrigation, lawn watering, diverted stream flows, irrigation return flow, rising ground waters, uncontaminated
ground water infiltration (as defmed at 40 CFR 35.2005(20)), uncontaminated pumped' ground water, springs,
flows from riparian habitats and wetlands, water line flushing, discharges from potable water sources,
foundation drains, air conditioning condensation, water from crawl space pumps, footing drains, individual
residential car washing, dechlorinated swimming pool discharges, and street wash water (discharges or flows
from fire fighting activities are excluded from the effective prohibition against non-stormwater and need only
be addressed where they are identified as significant sources of pollutants to state waters).
The permittee may also develop a list of occasional incidental non-stormwater discharges similar to those in
the above paragraph, (e.g., non-commercial or charity car washes, etc.) that will not be addressed as illicit
discharges. These non-stormwater discharges must not be reasonably expected (based on information
available to the pennittee) to be significant sources of pollutants to the MS4, because of either the nature of
the discharges or conditions the permittee has established for allowing these discharges to the MS4 (e.g., a
charity car wash with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs on the
wash water, etc.). The permittee must document in their program any local controls or conditions placed on
the discharges. The permittee must include a provision prohibiting any individual non-stormwater discharge
that is detennined to be contributing significant amounts of pollutants to the MS4
The Division reserves the right to request documentation or further study of a particular non-stormwater
discharge of concern, to require a reasonable basis for allowing the non-stormwater discharge and excluding
the discharge from the pennittee' s program, and to require inclusion of the discharge in the permittee's
program, if water quality concerns can not otherwise be reasonably satisfied.
b) The program area should include descriptions of:
I) the mechanism to be used to effectively prohibit illicit discharges into the MS4;
2) the pennittee's plan to detect and address illicit discharges to their system, including discharges from illegal
dumping and spills, The description must address the following, at a minimum:
i) how priority areas will be detennined, including areas with higher likelihood of illicit connections;
ii) what specific techniques, including education of municipal staff, will be used to detect the source of an
illicit discharge; and
PART I
Page 8
Permit No. COR-090000
B. CDPS STORMW A TER MANAGEMENT PROGRAM
ili) what specific procedures will be used for removing the source of the illicit discharge; and
3) whal position or functional unit is responsible for overall management and implementation of this program
area.
4 Construetion Site Stormwater Runoff Control
a) The permittee must:
I) Develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to the MS4 from
construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of
pollutants in stormwater discharges from 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. If the Division waives requirements for stormwater discharges associated with a
small construction activity in accordance with 61.3(2)(f)(ii)(B), the pennittee is not required to develop,
implement, and/ or enforce its program to reduce pollutant discharges from such a site.
2) Develop and implement the program to assure adequate design, implementation, and maintenance ofBMPs at
construction sites within the MS4 to reduce pollutant discharges and protect water quality The program must
include, at a minimum, the development and implementation of:
i) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as
sanctions to ensure compliance, to the extent allowable under State or local law;
ii) Requirements for construction site operators to implement appropriate erosion and sediment control
BMPs;
iii) Requirements for construction site operators to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause
adverse impacts to water quality;
iv) Procedures for site plan review which incorporate consideration of potential water quality impacts;
v) Procedures for receipt and consideration of information submitted by the public;
vi) Procedures for site inspection and enforcement of control measures, and
vii)
An education and training program for municipalities, their representatives and/or construction
contractors. At a minimum, the program must include an information program for construction site
operators unfamiliar with the reviewing authority's regulatory requirements,
b) The program area should include descriptions of:
I) The permittee's plan to ensure compliance with erosion and sediment control regulatory mechanism,
including the sanctions and enforcement mechanisms they will use to ensure compliance;
2) the procedures to be used when the pennittee uses certain sanctions. Possible sanctions include non-
monetary penalties (such as SlOP work orders), fmes, bonding requirements, and/or pennit denials for
noncompliance;
3) procedures for site plan review, including the review of pre-construction site plans, which incorporate
consideration of potential water quality impacts;
4) if applicable, the procedures for determining if certain sites with low potential for stormwater impacts will
receive less extensive site plan review, and the rationale for how the pennittee will determine that site plan
review is not needed to protect water quality;
PARTI
Page 9
Perrrut No, COR-090000
B. CDPS STORMWATER MANAGEMENT PROGRAM
5) the procedures for site inspection and enforcement of control measures, including how it will be determined
which sites will receive what nature of inspection, and at what frequency; and
6) what position or functional unit is responsible for overall management and implementation of this program
area.
5 Post-Construction Stormwater Manaeement in New Development and Redevelopment
a) The permittee must develop, implement, and enforce a program to address stormwater runoff from new
developmenl and redevelopment projects that distUIb greater than or equal to one acre, including projects less than
one acre that are part of a larger common plan of development or sale, that discharge into the MS4 The program
must ensure that controls are in place that would prevent or minimize water quality impacts. The permittee must:
I) Develop and implement strategies which include a combination of structural and/or non-structural BMPs
appropriate for the community;
2) Use an ordinance or other regulatory mechanism to address post- construction runoff from new development
and redevelopment projects to the extent allowable under State or local law;
3) Ensure adequate long-term operation and maintenance of BMPs;
4) Develop and implement procedures to determine if the BMPs required under Item I, above, are being
installed according to specifications. (This may be developed in conjunction with the Construction program
area, as described in Part 1.B 4); and
5) Develop and implement an enforcement program, which addresses appropriate responses to common
noncompliance issues.
b) The program area should include descriptions of:
1) how the permittee plans to ensure the long-term operation and maintenance (O&M) of the selected BMPs.,
including:
i) how the permittee plans to track the location of and adequacy of operation of long-term BMPs
implemented in accordance with the program;
ii) how the permittee plans to enforce the requirements for other parties to maintain BMPs, if applicable;
and
2) what position or functional unit is responsible for overall management and implementation of this program
area.
6. Pollution Prevention/Good Housekeepine: for Municipal Operations
a) The permittee must develop and implement an operation and maintenance program that includes an employee
training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal
operations. The program must also inform public employees of impacts associated with illegal discharges and
improper disposal of waste from municipal operations. The program must prevent and/or reduce stormwater
pollution from facilities such as streets, roads, highways, municipal parking lots, maintenance and storage yards,
fleet or maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal areas
operated by the permittee, and waste transfer stations, and from activities such as park and open space
maintenance, fleet and building maintenance, street maintenance, new construction of municipal facilities, and
stormwater system maintenance, as applicable.
PARTI
Page 10
Permit No COR-090000
B. CDPS STORMWATER MANAGEMENT PROGRAM
b) The program area should include descriptions of:
I) the operation and maintenance program to prevent or reduce pollutant runoff from the municipal operations.
The program must specifically list the municipal operations that are impacted by this operatIOn and
mainlenance program. The program must also include a list of industrial facilities the permittee owns or
operates that are subject to the State's general stormwater permits for discharges of stormwater associated
with industrial activity;
2) Any municipal employee training program to be used to prevent and reduce stormwater pollution from
mmicipal activities and facilities; and
3) what position or functional unit is responsible for overall management and implementation of this program
area.
C. OTHER TERMS AND CONDITIONS
General Limitations
The following limitations shall apply to all discharges covered by this permit:
a) No chemicals are to be added to the discharge for stormwater treatment unless permission for the use of a specific
chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoring may
be addressed by separate letter.
b) All dischargers must comply with the lawful requirements of municipalities, counties, drainage districts and other
local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their
jurisdiction, including applicable requirements in municipal stormwater management programs developed to
comply with CDPS permits. Dischargers must comply with local stormwater management requirements, policies
or guidelines including erosion and sediment control.
2. Releases in Excess of Reportable Ouantities
This permit docs not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302.
Any discharge of hazardous material must be handled in accordance with the Division's Notification Requirements (see
Part II.B.l of the permit).
3. CDPS Stormwater Manal!ement Prol!ram Records Availability
All CDPS StomlWater Management Program records required under this permit are considered reports that shall be
available to the public under Section 308(b) of the CW A. The operator of a facility with stonnwater discharges covered
by this permit shall make their CDPS Stormwater Management Program available to members of the public upon
request. However, the permittee may claim any portion of a CDPS Stormwater Management Program as confidential in
accordance with 40 CFR Part 2,
4. Resources
The permittee shall provide finances, staff, equipment, and support capabilities to implement the CDPS Stormwater
Management Program to the MEP.
5. TMDLs
If a TMDL has been approved for any waterbody into which the permittee discharges, and it has been determined that the
types of stormwater discharges covered under this permit are or have the potential to be identified as a significant source
of the pollutant in question, the permittee will be notified by the Division. The permittee will be required to:
PARTI
Page 11
Permit No, COR-090000
C. OTHER TERMS AND CONDITIONS
a) under the CDPS Stormwater Management Program, implement specific management practices based on
requirements of the TMDL, and evaluate whether the requirements are being met through implementation of
existmg stormwater BMPs or If addItional BMPs are necessary Document the calculations or other evidence that
shows that the requirements, including any specific pollutant wasteload allocations (WLAs), are expected to be
met;
b) if the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the
BMP additions/revisions. A description of the CDPS Stormwater Management Program changes shall be included
with the next Annual Report.
The permittee may maintain coverage under the general permit provided they comply with the applicable requirements
outlined above. The Division reserves the right to require individual or alternate general permit coverage.
6. Special Provisions for Non-Standard MS4s
For Non-Standard MS4s, the pennittee's CDPS Stormwater Management Program must contain all six program areas as
outlined in Part l.B of the permit. However, in cases where a program area, or components thereof, may not be relevant
to the permittee due to legal restrictions under state or local law, or the nature of the district, the MS4's permit
application (or amendment as per Part 1,D,2) should include a detailed description of the basis for curtailing any of the
program areas.
7 Implementation bv Other Parties
Implementation of one or more of the program area elements may be shared with another entity, or the other entity may
fully take over implementation of the element(s). The permittee may rely on another entity for implementation only if:
a) The other entity, in fact, implements the element(s);
b) The particular element( s) is at least as stringent as the corresponding permit requirement; and
c) The other entity agrees to implement the control measure on the permittee's behalf. Written acceptance of this
obligation is expected. This obligation must be maintained as part of the description of the pennittee' s CDPS
Stormwater Management Program
The pennittee remains liable for ensuring that all requirements of this pennit are complied with, regardless of who
implements the element(s).
8. Monitorinl!.
The Division reserves the right to require water quality sampling and testing, on a case-by-case basis. Monitoring may
also be required if a stormwater-based TMDL and WLA have been put into place for any waterbody into which the
pennittee discharges.
D. PROGRAM REVIEW AND MODIFICATION
1. Division Review of Prol!.rams and Reports
Any programs or reports that are prepared as a condition of this permit and are required to be submitted to the Division
for review are subject to the following deadlines.
a) Within 180 days of the submittal, or a later date agreed to by the pennittee, the Division shall notify the pennittee
that the program or report is acceptable or that it does not meet one or more of the minimum requirements of this
pennit. Such notification shall identify which provisions of the submittal, if any, require modification.
PAR"
Pal"- ,:;
PermIt No. COR-090000
D. PROGRAM REVIEW AND MODIFICATION
b) Within 30 days of such notification from the Division, or a later date agreed to by the Division, the permittee shaH
make the required changes and re-submit the program or report.
c) If the Division notifies the permittee that a submittal is unacceptable, the Division may grant the permittee
permission to extend schedules, deadlines and Measurable Goals that may be affected by the resulting delays ill
implementation, in accordance with Part LD,2,a.3 of this permit,
CDPS Stormwater Management Program and program element descriptions and Measurable Goals as submitted by the
permittee, once accepted by the Division, shall become enforceable conditions under this permit.
2. CDPS Stormwater Manal!ement Prol!ram and Measurable Guals Modification
a) Pennittee-Initiated Changes
I) The pennittee shall amend the program whenever there is a change in design, construction, operation, or
maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the
State, or if one or more elements of the CDPS Stormwater Management Program proves to be ineffective in
achieving the general objectives of controlling pollutants in MS4 stormwater discharges.
2) Changes adding (but not subtracting or replacing) components, controls, or requirements to the CDPS
Stormwater Management Program and/or Measurable Goals may be made at any time. Such changes shall be
sununarized in the following Annual Report.
3) Significant changes that involve replacing or deleting an ineffective or unfeasible BMP specifically identified
in the CDPS Stormwater Management Program, or a Measurable Goal with an alternate BMP/Goal must be
submitted to the Division for review prior to implementation. This includes changes to BMPs that have been
proposed in the application! Annual Reports but not yet implemented. Unless denied by the Division, changes
proposed in accordance with the criteria below shall be deemed acceptable and may be implemented 60 days
after submittal of the request, or upon acceptance by the Division, whichever is sooner If the request is
denied, the Division will send a written response giving a reason for the decision. The modification request
must include:
i) a description of the replacement BMP/Goal,
ii) an analysis of why the replacement BMP/Goal is expected to achieve the goals of the original
BMP/Goal;
iii) an implementation schedule and any other relevant Measurable Goal; and
iv) certification and signature requirements in accordance with Part LG.1.
b) Division-Initiated Changes
The Division may require changes to the CDPS Stormwater Management Program as needed to:
I) address negative impacts on quality of state waters caused, or contributed to, by discharges from the MS4;
2) mclude more stringent requirements necessary to comply with new Federal statutory or regulatory
requirements; and/or
3) include such other conditions deemed necessary by the Division to comply with the goals and requirements of
the Clean Water Act, the Colorado Discharge Permit Regulations, and this permit.
Changes requested by the Division will be made in writing, set forth the time scbedule for the permittee to develop
the changes, and offer the permittee the opportunity to propose alternative program changes to meet the objective
of the requested modification.
PARTI
Page 13
Permit No. COR-090000
D. PROGRAM REVIEW AND MODIFICATION
3 Demonstration of AdeQuacy
The Division reserves the right to request submittal of additIOnal infonnation on the adequacy of the proposed
programs/measurable goals to determine whether or not the CDPS Stormwater Management Program, or program
elements, have been designed to reduce ihe discharge of pollutants from the permittee's MS4 to the MEP, to protect
water quality, and to satisfy the appropriate water quality requirements of the Colorado Water Quality Control Act (25-8-
101 et seq., C.R.S.) and the Colorado Discharge Permit Regulations (61).
4. Annual Pro1?,ram Review
The permittee shall conduct an annual review of the current program areas in conjunction wiih preparation of the Annual
Report required under Part I.E. This annual review shall include:
a) A review ofihe CDPS Stormwater Management Program compliance status with any schedules and other
Measurable Goals established under the Program;
b) A:n assessment of the effectiveness of controls established by the Program; and
c) A:n assessment of any program modifications needed.
E. REPORTING REQUIREMENTS - ANNUAL REPORT
The pennittee shall prepare an annual system-wide report to be submitted by March 10 of each year, covering January I
through December 3 I of the previous year. The first report may include less than twelve months of infonnation, unless
otherwise indicated in the certification. An Annual Report form shall be provided by the Division. The report shall include
the following sections:
The implementation status of each of the program areas within the CDPS Stormwater Management Program, including a
brief sununary of the CDPS Stormwater Management Program elements that have been changed or further refined since
the previous report or ihe pennit application, and status of achieving the Measurable Goals for each of the program areas;
2. A review of the pennittee's overall compliance with permit conditions, including an assessment of the appropriateness of
ihe identified BMPs and progress towards achieving the statutory goal of reducing the discharge of pollutants to the
MEP;
3 Results of information collected and analyzed, if any, during the reporting period, including monitoring data used to
assess the success of the program at reducing the discharge of pollutants to the MEP;
4 A summary of the stormwater activities the permittee plans to undertake during the next reporting cycle (including an
implementation schedule);
5. Proposed changes to the CDPS Stormwater Management Program, including changes to any BMPs or any identified
Measurable Goals that apply to the program elements (see Part I.B and I.D);
6. Notice, if not included in previous reports or application, that the permittee is relying on another government entity to
satisfy some of their permit obligations (if applicable);
7 An update on areas added to the MS4 due to annexation or other legal means; and
8. A summary of the number and nature of enforcement actions and inspections performed for the various program areas.
The Division reserves the right to require additional information in the report, on a case-by-case basis, as needed.
PART I
Page 14
Permit No COR-090000
E. REPORTING REQUIREMENTS - ANNUAL REPORT
A completed and signed copy of the above report form shall be submitted to the following address:
Colorado Department of Public Health & Environment
Water Quality Control Division
WQCD-P-B2 - Stonnwater Program
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
F. DEFINITIONS
Tbe defInitions below are intended strictly for clarification pmposes, and may not contain the full legal definition as per
regulation. For the pwposes of this permit:
Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment
requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage
from material storage.
2. CDPS Stormwater Management Program: A program to manage the quality of stonnwater discharges from an MS4
authorized to discharge under this permit, based on the six program areas as outlined in Part I.B of this permit.
3 Illicit Discharge: any discharge to a municipal separate stonn sewer that is not composed entirely of stonnwater except
discharges specifically authorized by a CDPS permit, and discharges resulting from fire fighting activities. Certain non-
stormwater or illicit discharges do not need to be addressed by the permit (see Part I.B.3.a.4), provided that the
conditions outlined under Part l.B.3.a are met.
4 MS4. a municipal separate storm sewer system.
5. Municipal Separate Storm Sewer System: a conveyance or system of conveyances (including: roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated
by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of
sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater
6. Municipality: a city, town, county, district, association, or other public body created by or under State law and having
jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a designated and approved management
agency under section 208 of the federal Clean Water Act.
7 Non-Standard MS4s: publicly-owned systems similar to separate storm sewer systems in cities and counties, including,
but not limited to, systems at military bases and large education, hospital or prison complexes.
8. Non-Stormwater Discharges: Any discharge to an MS4 that is not composed entirely of stormwater. See definition for
Illicit Discharge.
9. Operator: the person or entity who is responsible for operation and maintenance of the MS4.
10. Outfall: the point where a municipal separate storm sewer discharges to state waters.
11 Point Source: any discernible, confmed and discrete conveyance from which pollutants are or may be discharged. Point
source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to
collect runoff, with runoff being conveyed along the resulting drainage or grading pattern.
12. Process Water: any water which during manufacturing or processing, comes into contact with or results from the
production of any raw material, intermediate product, finished product, by product or waste product. This definition
includes mine drainage.
F. DEFINITIONS
PART!
Page 15
Penrut No COR-090000
13 Significant Materials include but are not limited to: raw materials; fuels; materials such as metallic products; hazardous
substances designated under section 10 I (J 4) of CERCLA, any chemical the facility is required to report pursuanl to
sectIOn 3 I 3 of title III of SARA, fertilizers, pestiCIdes; and waste products such as ashes, slag and sludge that have the
potentIal to be released Wlth stormwater discharge,
14 Stormwater' stormwater runoff, snow melt runoff, and surface runoff and drainage.
15 Urbanized Area: contiguous, densely settled census block groups and census blocks that meet minimum population
density requirements, along with adjacent densely settled census blocks that together encompass a population of at least
50,000 people. Urbanized area boundaries are determined by the latest Decennial Census by the U.S. Bureau of the
Census.
16. Waters of the State of Colorado (State waters): any and all surface waters that are contained in or flow in or through
the state of Colorado. This definition includes all water courses, even if they are usually dry For the purposes of this
permit only, water courses do not include those conveyances that are strictly a part of an MS4
G. GENERAL REQUIREMENTS
Sh!natorv Requirements
a) All reports required for submittal shall be signed and certified for accuracy by the pennittee in accordance with the
followmg critena:
I) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her
duly authorized representative, if such representative is responsible for the overall operation of the facility
from which the discharge described in the form originates;
2) In the case of a partnership, by a general partner;
3) In the case of a sole proprietorship, by the proprietor;
4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking
elected official, or other duly authorized employee.
b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph a) of this section J;Ilust be submitted to the Division, prior to or together
with any reports, infonnation, or applications to be signed by an authorized representative.
c) Certification. Any person signing a document under paragraph a) of this section shall make the following
certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the infonnation submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the infonnation, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false infonnation, including the possibility offme and imprisonment for knowing violations."
2, Retention of Records
The permittee shall retain copies of the CDPS Stonnwater Management Program and all reports required by this permit
and records of all data used to complete the application to be covered by this permit, for a period of at least three years
from the date that the specific item is no longer being actively utilized for stormwater management. The period may be
extended by request of the Division at any time.
PART II
Page 16
Permit No. COR-090000
PART II
A. PERMITTEE RESPONSffiILITlES
Duty To Complv
The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the
Water Quality Control Act and is grounds for enforcement action; for permit termination, revocation and reissuance or
modification; or denial of a permit renewal application. Violation of the terms and conditions specified in this permit
may be subject to civil and criminal liability pursuant to C.R.S. 25-8-601 through 612 and the Federal Clean Water
Act.
2. Minimization of Adverse Impact
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has
a reasonable likelihood of adversely affecting human health or environment.
3. Proper Operation and Maintenance
The permittee shall at all times properly implement the six program areas, as described in Part I.B of the permit, to the
maximum extent practicable to achieve compliance with the conditions of this permit. Proper implementation includes
effective perfonnance, adequate funding, and adequate operator staffmg and training.
4. Reduction. Loss. or Failure of Treatment Facility
It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
5 Inspections and Ril!ht to EntTV
The permittee shall allow the authorized representative(s) the Water Quality Control Division and/or the EP A Regional
Administrator, upon the presentation of credentials:
a) To enter upon the permittee's premises where a regulated MS4 or activity is located or in which any records are
required to be kept under the terms and conditions of this permit;
b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of
this permit, and to inspect any monitoring equipment or monitoring method required in the permit; and
c) To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or
investigate any actual, suspected, or potential source of water pollution, or to ascertain compliance or
noncompliance with any control regulation or any order promulgated by the Division. The investigation may
include, but is not limited to, the following: sampling of any discharge, the taking of photographs, interviewing of
any person having knowledge related to the discharge permit or alleged violation, and access to any and all
facilities or areas within the permittee's jurisdiction that may have any effect on the discharge, permit, or alleged
violation.
The Division and/or EP A shall split samples taken by the Division and/or EP A during any investigation with the
permiuee if requested to do so by the permittee.
6. Duty to Reapplv
The permittee shall submit a permit renewal application at least one hundred eighty (180) days before this permit expires.
PART II
Page 17
Permit No, COR-090000
A. PERMITTEE RESPONSIBILITIES
7. Duty to Provide Information
The pemuttee shall furnish to the DiVision, wIthin a reasonable hme, any mfonnatlOn whIch the Division may request
to detenrune whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine
compliance with this permit. The penruttee shall also furnish to the Division, upon request, copies of records required
to be kept by thiS permit.
B. NOTIFICATION, REPORTING AND ADMINISTRATIVE REQUIREMENTS
Noncompliance Notification
a)
If, for any reason, the permittee does not comply with or will be unable to comply with any permit limitations,
standards or permit requirements specified in this permit, the permittee shall, at a minimum, provide the Water
Quality Control Division with the following infonnation:
I) A description and cause of noncompliance;
2) The period of noncompliance, including exact dates and times and/or the anticipated time when the permittee
will return to compliance; and
3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying activity
b) The permittee shall report the following instances of noncompliance orally within twenty-four (24) hours from the
time the permittee becomes aware of the noncompliance, and shall mail to the Division a written report within five
(5) working days after becoming aware of the noncompliance (unless otherwise specified by the Division):
I) Any instance of noncompliance, which may endanger health or the environment;
c) The permittee shall report all other instances of noncompliance to the Division within 30 days. The reports shall
contain the information listed in sub-paragraph (a) of this section.
2. Availability of Reports
Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the
State Discharge Permit System 61.5(4), all reports prepared and submitted in accordance with the terms of this permit
shall be available for public inspection at the offices of the Water Quality Control Division. As required by the Federal
Clean Water Act, monitoring data shall not be considered confidential.
3. Submission of Incorrect or Incomplete Information
a) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or report to the Division, the permittee shall promptly submit the
relevant information which was not submitted or any additional information needed to correct any erroneous
information previously submitted.
b) Knowingly making false s1atements on any such report may result in the imposition of criminal penalties as
provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S.
C. MODIFICATION OR TERMINATION OF PERMITS
The filing of a request by the permittee for a permit modification, termination, revocation and reissuance, inactivation or
a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
2. AJI permit modification, termination or revocation and reissuance actions shall be subject to the requirements of the State
Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 617 and 61.15,5 C.C.R. 1002-61, except for minor
modifications.
PART II
Page 18
Pennit No. COR-090000
C. MODIFICATION OR TERMINATION OF PERMITS
3 This pennit or certification under the pennit may be modified, suspended, or terminated in whole or in part during its
term for reasons detennined by the Division including, but not limited to, the following:
a) Violation of any terms or condilJons of the pemnt;
b) Obtaining a pennit by misrepresentation or failing to disclose any fact which is material to the granting or denial of
pennit or to the establishment of terms or conditions of the permit; or
c) Materially false or inaccurate statements or information in the permit application or the permit,
d) A determination that the permitted activity endangers human health or the classified or existing uses of state waters
and can only be regulated to acceptable levels by permit modifications or termination.
4 This permit may be modified in whole or in part for the following causes, provided that such modification complies with
the provisions of5 CCR 1002-61 Sec. 61 10 regarding antibacksliding:
a) The Division has received new infonnation which was not available at the time ofpennit issuance (other than
revised regulations or guidance) and which would have justified the application of different permit conditions at the
time of issuance.
b) The standards or regulations on which the permit was based have been changed by promulgation of amended
standards or regulations or by judicial decision after the permit was issued, Pennits may be modified during their
terms for this cause only as follows:
I) EP A has revised, withdrawn, or modified that portion of the regulation on which the pennit condition was
based, or has approved a Commission action with respect to the regulation on which the pennit condition was
based; or
2) For judicial decisions, a court of competent jurisdiction has remanded and stayed EP A promulgated
regulations, if the remand and stay concerns that portion of the regulations or guidelines on which the permit
condition was based and a request is filed within ninety (90) days of judicial remand.
c) The Division determines that good cause exists to modify a pennit condition because of events over which the
pennittee has no control and for which there is no reasonable available remedy
D. CONSISTENCY WITH OTHER LAWS AND REGULATIONS
State Laws
Nothing in this pennit shall be construed to preclude the institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority
granted by Section 510 of the Clean Waler Act.
2. Property Riebts
The issuance of this permit and certification under this permit does not convey any property or water rights in either real
or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.
3. Oil and Hazardous Substance Liabilitv
Nothing in this pennit shall be construed to preclude the institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 (Oil and Hazardous
Substance Liability) of the Clean Water Act.
PART II
Page 19
Permit No. COR-090000
D. CONSISTENCY WITH OTHER LAWS AND REGULATIONS
4 Removed Substances
Solids, sludges, or other pollutants removed in the course of maintenance on a stormwater facility shall be properly
disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State.
E. OTHER STANDARD CONDITIONS
ReQuirinl!: an Individual CDPS Permit
The Division may require any operator covered under this permit to apply for and obtain an mdividual CDPS permit if:
a) the discharge is a significant contributor of pollutants; or
b) the discharge is not in compliance with the conditions of the general permit.
The operator must be notified in wriling that an application for an individual CDPS permit is required. When an
individual CDPS permit is issued to an operator otherwise covered under this General Permit, the applicability of the
general permit to that operator is automatically inactivated upon the effective date of the individual CDPS pemrit.
2. Severability
The provisions of this permit are severable. If any provisions of this pemrit, or the application of any provision of this
permit to any circumstance, is held invalid, the application of such provision to other circumstances and the application
of the remainder of this permit shall not be affected.
3. Fees
The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act, Section
25-8-502 (I)(b) as amended. Failure to submit the required fee when due and payable is a violation of the pemrit and
shall result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
'ater Quality Control DivisIOn
-rVQCD-P-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
RA TJONALE
STORMWATER DISCHARGES ASSOCIATED WITH
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
GENERAL PERMIT IN COLORADO
COLORADO DISCHARGE PERMIT NUMBER COR-090000
PART CONTENTS
1. Introduction
JJ Background
JJI Stormwater Discharges Associated with Small MS4s
IV Application and Certification
V Terms and Conditions
A. CDPS Storm water Management Program
B. Measurable Goals
C Applicability
D Ordinances
E. Implementation by Other Parties
F Monitoring
G Modification
H TMDLs
I Annual Program Review
J Annual Repon
K. Annual Fees
L. Duration of Permit
VI Changes Made After Public Notice
I. INTRODUCTION
PAGE
I
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2
3
3
3
5
6
6
6
7
7
7
7
7
8
8
8
This is a municipal storm water discharge permit which authorizes the discharge of storm water from regulated small municipal
separate storm sewer systems (MS4s) The permit is intended to authorize discharge of stormwater even as jurisdictional
boundaries change through the life of the permit, This Rationale will explain the background of the Stormwater program, which
entities are covered under this permit. how to apply for coverage under this permit, and what the permit requirements are.
II. BACKGROUND
The Environmental Protection Agency (EP A) requires that discharges from regulated small municipal separate storm sewer
systems (MS4s) must be covered under the National Pollutant Discharge Elimination System (NPDES) program. (Note: The
Colorado program is referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES). The Water Quality
Control Division ("the Division ") has stormwater regulations (5CCR 1002-61) in place. These regulations require specific
MS4s to obtain a CDPS permit for such discharges.
A. Permit Requirements
The narrative requirements require dischargers to reduce the discharge of pollutants from their MS4 to the maximum extent
practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Colorado Water
Quality Control Act (25-8-101 et seq.. C.R.S.) and the Colorado Discharge Permit Regulations (61 0) through the
ISSUED: February 7, 2003
EFFECTIVE: March 10.2003
EXPIRA nON: March 9, 2008
- COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 2. Permit No. COR-090000
II BACKGROUND (COIf!.)
development and implementation of a CDPS Storm water Management Program. The management program must include
program areas covering Public Education and Outreach, Public Involvement/Participation. Illicit Discharge Detection and
Elimination, Construction Site Stormwater Runoff Control, Post-Construction Stormwater Management in New Development
and Redevelopment, and Pollution Prevention/Good Housekeepingfor Municipal Operations. Implementation of a CDPS
Stormwater Management Program in accordance with part 1.B of the permit will constitute compliance with MEP It is
believed that Best Management Practices (BMPs) are all that will be necessary to control water quality impacts. If the
Division determines that additional requirements are necessary beyond what can be required under this permit. they may be
imposed asfollows: 1) at the renewal of this general permit; or 2) through issuance of an alternative general permit. or 3)
through an individual permit. if the issue is site specific.
Maximum extent practicable (MEP) is the statutory standard that establishes the level of pollutant reductions that operators
of regulated MS4s must achieve. The Federal Clean Water Act (CWA) requires that NPDES permits for discharges from
MS4s "shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including
management practices, control techniques and system, design and engineering methods. ..
The Division has intentionally not provided a precise definition of MEP, in order to allow maximum flexibility in MS4
permitting. MS4s need the flexibility to optimize reductions in stormwater pollutants on a location-by-location basis. The
pollutant reductions that represent MEP may be different for each small MS4, given the unique local concerns that may exist
and the differing possible pollutant control strategies, Therefore, each permittee will determine appropriate BMPs to satisfY
each of the six program areas through an evaluative process. The Division may evaluate permittees' proposed stormwater
BMPs to determine whether reduction of pollutants to the MEP can be achieved with the identified BMPs (see Part 1.D of the
permit)
Based on EP A's discussion in the preamble of the federal Phase II regulation, the Division envisions application of the MEP
standard as an iterative process. MEP should continually adapt to current conditions and BMP effectiveness. and must
strive to protect water quality and satisfy the appropriate water quality requirements of the Colorado Water Quality Control
Act (25-8-101 et seq., CR.S.) and the Colorado Discharge Permit Regulations (610). Successive iterations of the mix of
BMPs will be driven by this objective. If. after implementing the six program areas (see Section VA of the rationale). there is
still water quality impairment associated with discharges from the MS4, the permittee will need to expand or better tailor its
BMPs within the scope of the six program areas, as per the standard of MEP This process may involve more than one
permit term.
B. ViolationslPenalties
Dischargers of storm water from regulated small MS4s. as defined in the Colorado Discharge Permit Regulations (610)
which do not obtain coverage under this or other Colorado general permits. or under an individual CDPS permit. will be in
violation of the Colorado Water Quality Control Act, 25-8-101 For facilities covered under a CDPS permit, failure to
comply with any CDPS permit requirement constitutes a violation. Civil penalties for violations of the Act or CDPS permit
requirements may be up to $10,000 per day Criminal pollution of State waters is punishable f7y fines of up to $25,000 per
day
III STORMWATER DISCHARGES ASSOCIATED WITH SMALL MS4s
A. Tvoes of Municioalities Covered
This permit is intended to cover new or existing discharges composed entirely of stormwater from MS4s required f7y State
regulation to obtain a permit. This permit is not intended to cover the discharge of stormwater from MS4s that have been
designated f7y the Division as requiring coverage under an alternative general permit or an individual permit. At the time of
issuance, this includes MS4s that discharge to the Cherry Creek Reservoir Watershed and MS4s designated under the Phase
1 stormwater regulations. In addition. this permit is not intended to cover discharges of stormwater from Federal facilities
and Indian lands, for which the Division does not currently have NPDES delegation.
The criteria for permit coverage are contained in the Colorado Discharge Permit Regulations (61.3 (2)(f)(v)(A)), and are
summarized below
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Dzvi5ion
Rationale - Page 3. Permit No. COR-090000
/II. STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY (conL)
J Mandatory permit coverage:
Municipalities in urbanized areas as defined by the United States Census Bureau. Urbanized areas are. in general.
contiguous, densely settled census block groups and census blocks that meet minimum population density requirements,
along with adjacent densely settled census blocks that together encompass a population oj at least 50,000 people.
2. State must evaluate for permit coverajze,
Municipalities with population from J 0, 000 to 50,000, that are outside oj an urbanized area. and have a population
density oj at least 1 000 per square mile.
The Jollowing designation criteria are applied:
-discharge to sensitive waters
-high growth or growth potential
-size oj population and population density
-contiguity to an urbanized area
-significant contributor oj pollutants to State waters
-adequacy oj existing stormwater quality control programs
3. State must desif!.1late as needine oermit coverage:
Any municipality outside an urbanized area. whose MS4 contributes substantially to stormwater pollutant loading oj a
regulated (i.e., under a permit). physically connected municipality
4 State can evaluate for permit covera~e:
Any municipality under 10.000 population, with less than 1000 population/square mile, and outside an urbanized area.
The definition oj an MS4 which requires coverage can also include publicly owned storm sewer systems at military bases,
schools, hospital or prison complexes, and highways and other thoroughfares. if they are within an urbanized area, These
MS4s are defined as Non-Standard MS4s.
IV. APPLICATION AND CERTIFICATION
Certification under the permit requires submittal oj an application Upon receipt oj all required information. the Division may
allow or disallow coverage under the general permit. See Part lA. 6 oj the permit Jor an outline oJthe applicable time frames.
By March lO, 2003, or within J 80 days oj Division notification, whichever is later, the operator oj the MS4 shall submit an
application Jorm as provided by the Division (The Division retains the right to grant permission Jor a later date upon good
cause shown) ReJer to Part lA.5.b oJthe permitJor a description oJwhat must be included in an applicationJor coverage under
this permit.
lfthis general permit is applicable, then a certification will be developed and the applicant will be certified under this general
permit.
V. TERMS AND CONDITIONS OF PERMIT
Every permit issued as part oJthe Colorado Discharge Permit System is required to contain terms and conditions that the
Division determines to be necessary to ensure compliance with applicable control regulations and the State and Federal Clean
Water Acts (Colorado Water Quality Control Act 25-8-503 (4)).
There are no numeric effluent limitations included in this permit. Stormwater management requirements are the controls that
are used in place oj numeric limits to achieve reduction oj pollutants in the stormwater discharges from small MS4s. The
Division has determined that the terms and conditions discussed below are necessary to ensure the required compliance.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. Water Quality Control Division,
Rationale - Page 4 Permit No. COR-090000
V. TERMS AND CONDITIONS OF PERMIT
A, CDPS Storm water Manal!ement Prol!ram. The permittee must develop, implement, and enforce a CDPS Stormwater
Management Program designed to reduce the discharge of pollutants from their MS4 to the maximum extent practicable
(MEP), to protect water quality, and to satisfY the appropriate water quality requirements of the Colorado Water Quality
Control Act (25-8-101 et seq. C.RS.) and the Colorado Discharge Permit Regulations (6/.0), Implementation of a CDPS
Stormwater Management Pr ;ram. as described below, and the other requirements in this permit constitutes compliance
with the standard of reducing pollutants to the MEP
The Clean Water Act (40 CFR 122. 34(a)) and the Colorado Discharge Permit Regulations (61 8 (J I)(a)(i)) require full
development and implementation of the permittee's CDPS Stormwater Management Program within the first permit term
(i. e., within frve years of the date of permit issuance) In most cases, this will be required by March 9, 2008. However. the
Division may grant a waiver allowing the permittee to have their program areas partially completed by March 9, 2008, but
only if the permittee is designated by the Division (as requiring permit coverage) after September 9, 2003.
The CDPS Stormwater Management Program is made up of six program areas (see below). The permittee's application
must include a description of the program areas and accompanying Measurable Goals. The description must be detailed
enough for the Division to determine the permittee's general strategy for complying with each of the required elements of the
six program areas. Then, over the first permit term, the permittee must, at a minimum, develop and implement their CDPS
Stormwater Management Program at a relatively steady rate. That is, it is not acceptable to delay the majority of the work
involved in program development and implementation until near the end of the permit term. Early implementation is
allowable and encouraged The Division will monitor the rate of compliance via the permittee's Annual Reports (see Part
1.E of the Permit).
In order to meet the standard of MEP, the steady rate of implementation should be applied to each program area
individually However, some permittees may be able to justifY focusing on one or several program areas at a time. and
leaving one or more program areas until later in the permit term, based on such factors as timing of cooperative efforts with
other entities, maximizing staff utilization, etc. This will onlv be acceptable to the Division if it is clear from the program
area descriptions and Measurable Goals that the later program area elements will not be compromised by the lack of
sufficient time for full implementation. The permittee should also take into account the likelihood that unexpected delays
may occur during the process of implementation. The Division assumes that in most cases, several years will be needed to
adequately develop and implement each program area, For fully developed Construction and Post-Construction program
areas, it is likely that the full permit term will be needed
During the permit term, the permittee must document details of the various components of the CDPS Stormwater
Management Program. Program elements used to meet the requirements of the CDPS Stormwater Management Program
areas, as described in subsection (a) of Parts 1.B. 1-6 of the permit, must be included in the record as they are implemented.
The sections in the permit that describe the requirements for each of the six CDPS Stormwater Management Program areas
(Sections 1.B.I - 6 of the permit) each have two subsections, "a" and "b." The requirements listed in subsection "a" of
each program area are the necessary program elements that must be completed to the MEP in order to comply with the
requirements of this permit. Subsection "b" of each program area includes specific narrative information that should be
recorded as part of the development process prior to implementation for all program area elements. The information in
subsection "b" is not specifically intended to be included in the application. These descriptions may be necessary for the
permittee to demonstrate to the Division that they have met the intent of the requirements of the Clean Water Act and the
Colorado Discharge Permit System Regulations (61 0). Although this information is not required, the Division strongly
recommends that the permittee develop and record this information as part of their program development. The Division
reserves the right to require that the information. or similar information, listed in subsection b of Items I through 6, be
developed and submittedfor any program area elements, in order to determine program adequacy (see Part J. D. 3).
1. Public Education and Outreach on Stormwater Impacts
The permittee must develop and implement a program to provide public education and outreach on stormwater impacts
to business and the general public within their jurisdiction.
2. Public Involvement/Participation
The permittee, must at a minimum, comply with State and local public notice requirements when implementing the CDPS
Stormwater Management Programs areas required under this permit. However, additional measures to involve the
public in development of the permittee's CDPS Stormwater Management Program are encouraged
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 5 Permit No. COR-090000
V. TERMS AND CONDITIONS OF PERMIT
3. Illicit Dischar'iJe Detection and Elimination
The permittee must develop. implement and enforce a program to detect and eliminate illicit discharges into the
permittee's MS4 This requires the permittee to
-Develop a storm sewer system map
-Develop and implement an ordinance or other regulatory mechanism (see Section VD of the Rationalefor a discussion
of Ordinances.)
-Develop and implement a plan to detect and address illicit discharges to the MS4
An Illicit Discharge is defined as any discharge to a municipal separate storm sewer that is not composed entirely of
stormwater except the following' discharges specifically authorized by a CDPS permit. and discharges resultingfromfire
fighting activities. The permittee is required to address certain categories of illicit discharges only if the permittee
identifies them as significant contributors of pollutants to the permittee's MS4 These categories are listed in Part
1.B.3 a.4 of the Permit.
4 Construction Site Stormwater Runoff Control
The permittee must develop. implement. and enforce a program to reduce pollutants in any stormwater runoff to the MS4
from construction activities that result in a land disturbance of greater than or equal to one acre (or are part of a larger
common plan of development). This requires the permittee to develop and implement the program to assure adequate
design. implementation, and maintenance of BMPs at construction sites, including'
-Developing and implementing an ordinance or other regulatory mechanism (see Section VD of the Rationale for a
discussion of Ordinances)
-Requiring construction site operators to implement appropriate erosion and sediment control BMPs. and to control
waste materials.
-Developing and implementing procedures for site plan review, site inspections, receipt and consideration of information
submitted by the public, and enforcement of control measures.
-Developing and implementing a training program to, at a minimum, educate construction site operators unfamiliar with
the reviewing authority's regulatory requirements.
5. Post-Construction Stormwater Manal!ement in New Development and Redevelopment
The permittee must develop, implement, and enforce a program to address stormwater runoff from new development and
redevelopment projects that result in a land disturbance of greater than or equal to one acre (or are part of a larger
common plan of development). The program must ensure that controls are in place that would prevent or minimize water
quality impacts. The permittee must:
-Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate
for the community and procedures to determine if the BMPs are being installed according to specifications.
-Develop and implement an ordinance or other regulatory mechanism (see Section VD of the Rationale for a discussion
of Ordinances)
-Ensure adequate long-term operation and maintenance of BMPs,
6. Pollution Prevention/Good Housekeepinf!. for Municipal Operations
The permittee must develop and implement an operation and maintenance program that includes an employee training
component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. The program
must also inform public employees of impacts associated with illegal discharges and improper disposal of waste from
municipal operations. The permit includes a list offacilities and activities (Part /.B.6.a) that must be included where
applicable. The permittee must also include other facilities and activities that they own or operate that are similar to
those listed
B. CDPS Storm water Manaf!ement Prof!r(Jm - Measurable Goals. Measurable goals are milestones in the development and
implementation of the CDPS Stormwater Manaf!.ement Prof!ram areas. They will be used to determine program progress,
and to assess compliance with the permit, Wherever possible, the goals should incorporate measures that may be linked to
potential or actual environmental benefits derivedfrom the program components.
Measurable Goals for each of the program areas must include. as appropriate, the months and years by which the permittee
will undertake required actions, including interim milestones and the frequency of the action. Measurable Goals must be
continued until each program area has been fully developed However, Measurable Goals may also be part of the iterative
process in program implementation. as discussed in Section ll.A, above, and so may be necessary for some program areas
well into the future.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 6. Permit No. COR-090000
V. TERMS AND CONDITIONS OF PERMIT
1/ a program area will be fully developed and implemented before the end of the permit term, Measurable Goals for the
remaining permit years (for that particular measure) may not be needed. However, the Annual Report will stil/ require a
description of program status each year
In some cases, the MS4 operator may already have a program or segments of a program in place and functioning that meet
the requirements of the regulation. In this case, Measurable Goals for those sections will not be needed, unless some
existing segments need to be merged with new items,
C. CDPS Stormwater Manal!ement Prol!ram Requirements - ArJ1Jlicabilirv: In some cases, portions of the Construction and
Post-Construction program areas may not be relevant to some permittees. For example, a school district may not have any
construction activity in its jurisdiction other than its own, and thus not need a construction or post-construction program
developed to include elements for oversight of other parties. Or a small, land-locked municipality may be entirely built out,
with no new construction or redevelopment anticipated. However, the regulation requires that all MS4 permi/lees have all
six program areas. In these cases. there are several options. The MS4 may reach an agreement with the surrounding
municipality wherein the surrounding municipality takes on responsibility for implementing the MS4 's program area. In the
above school district example, the larger municipality would agree to extend its construction and post-construction
programs to any sites in the district that would need such coverage. Alternately, the MS4 could develop a standard or
boilerplate program, but not assign any staff or resources to implement it. 1/ a one-time situation arises where
implementation is needed, a contractor could be hired. Note that the permi/lee retains full responsibility for carrying out the
program areas as needed (see Section E of the Rationale).
The MS4 's permit application should include a detailed description of the basis for curtailing any of the program areas.
D. CDPS Stormwater Manal!ement Prol!ram - Ordinances: To the extent allowable under State or local law, ordinances (or
other regulatory mechanisms) are required under thefollowing sections.
-Illicit discharge detection and elimination - to prohibit non-stormwater discharges into the storm sewer system, and
implement appropriate enforcement procedures and actions
-Construction site stormwater runoff control- to require erosion and sediment controls at construction sites, as well as
sanctions to ensure compliance
-Post-construction - to address post-construction runofffrom new development and redevelopment projects, and sanctions to
ensure compliance
1 Submittal of Ordinances:
The Construction, Post-Construction and J1/icit Discharge program areas require the development and implementation
of ordinances (or equivalent regulatory mechanisms). Submittal of the actual ordinances is not a permit requirement.
However. finalization of ordinances can be a lengthy process. and it is a good idea to make sure early in the process that
the ordinances as proposed meet the intent of the permit. Therefore, the Division strongly advises permittees to submit
draft versions of their ordinances (or a summary thereof) to the Division for review prior to finalization.
2, Lef!al Authoritv:
1/ a Non-Standard municipality does not have legal authority to implement the ordinances requiredfor the program
areas listed above, they must still develop and implement the program areas to the Maximum Extent Practicable. In most
cases, this would involve developing the other requirements of the program area so that they include proceduresfor
relying on. and assisting, another entity with legal authority in providing the necessary legal authority The entity relied
on with legal authority will most often be the city or county that the non-standard MS4 is located within.
E. CDPS Stormwater Manal!ement Prol!ram - Implementation bv Other Parties: Implementation of one or more of the
program area elements may be shared with another entity, or the other entity may fully take over implementation of the
element(s). The permittee remains liable for ensuring that all requirements of this permit are complied with, regardless of
who implements the element(s). This responsibility includes, but is not limited to, protecting State waters, submittal of
Annual Reports, other reporting requirements, and program review and updates.
. COLORADO DEflRTMLNT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 7 Permit No. COR-090000
V. TERMS AND CONDITIONS OF PERMIT
F. Monitorine' Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit.
Howf!Ver, the Division reserves the right to require sampling and testing, on a case-by-case basis.
If a stormwaler-based TMDL and WLA have been put into place for any waterbody into which the permittee discharges.
monitoring may also be required for discharges affecting that waterbody (see Section V,H of the Rationale below)
G. CDPS Storm water Manaeement Proeram and Measurable Goals Modification. In most cases, the CDPS Slormwater
Management Program will be significantly modified and added to during the first permit term. At the time of application, the
CDPS Stormwater Management Program is only required to include a general description of the program elements that will
be implemented (or already exist) for each of the CDPS Stormwater Management Program areas. Measurable Goals for
each of the program areas must also be developed. The application requirements are included in Part 1.A.5 b. of the Permit.
The permittee will then have until March 9, 2008 to fully implement their CDPS Storm water Management Program.
When the permittee is further df!Veloping their CDPS Stormwater Management Program, following the strategy outlined at
the time of application, or when the permittee adds additional components. controls. or requirements to the COPS
Stormwater Management Program and/or Measurable Goals. it is not necessary to notify the Division. beyond the
requirements discussedfor the Annual Report (Section J of the Rationale). Howf!Ver, the permittee must submit to the
Division for rf!View a summary of any significant changes that involve replacing or deleting an ineffective or unfeasible BMP
specifically identified in the CDPS Stormwater Management Program or a Measurable Goal, prior to implementation. This
includes changes to BMPs that have been proposed in the application! Annual Reports but not yet implemented. Instructions
for submitting changes to the Division are included in Part 1.D.2.a of the Permit.
I Determining which chan5!es need to be submitted:
Minor changes to program elements do not need to be submitted to the Division for review In general, if the permittee is
making a change that will significantly alter their CDPS Stormwater Management Program or Measurable Goals from
information submitted to the Division in their application or Annual Report (or in information requested by the Division
on these submittals). the change must be submitted. Changes to information not already supplied to the Division (i.e.,
program specifics) do not need to be submitted.
2. Determinin5! the scope of the information submitted:
The permittee must submit a general description of the new program element or Measurable Goal containing roughly
equivalent If!Vel of detail as the original descriptions provided in the application. That is, the permittee must provide a
general description detailed enough for the Division to determine the permittee's general strategy for complying with the
CDPS Stormwater Management Program area element that the BMF or Measurable Goal is associated with. In
addition, the permittee must provide an analysis of why the replacement BMP/Goal is expected to achieve the goals of
the original BMPlGoal. and an implementation schedule for the changes.
H. TMDLs and Permit Reauiremmts: The permit includes additional requirements that apply if a Total Maximum Daily Load
(TMDL) has been approvedfor any waterbody into which the permittee discharges (Part 1.C.5 of the Permit) In general,
these requirements do not, in themselves, dictate additional measures that must be taken by the permittee. Instead, the
permit requires the permittee to comply with any requirements included in a TMDL that address stormwater discharges
covered in the permit. New requirements affecting the permittee's discharges could be in the form of additional narrative
requirements for implementation ofBMPs. or in the form of a Waste Load Allocation (WLA) that prescribes a specific
quantitative limit for pollution from a specific source.
The permittee may maintain coverage under the general permit pravided they comply with the applicable requirements
outlined above. The Division reserves the right to require individual or alternate general permit coverage.
I. Annual Proeram Review' The permittee shall conduct an annual rf!View of the current program areas in conjunction with
preparation of the Annual Report required under Part I.E. of the Permit, (See Part 1.D 4 of the permit.)
J. Annual Report: The permittee is required to submit their program area descriptions in their initial permit application.
After that. in general, program updates will be provided in the permittee's Annual Report, The permittee shall prepare an
Annual Report to be submitted by March 10 of each year, covering January I through December 3 I of the previous year
The Division will provide an Annual Reportform, (See Part 1.E of the permit)
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 8. Permit No COR-090000
V. TERMS AND CONDITIONS OF PERMIT
K Annual Fees All permittees are required to pay the annual permit administration fee, as described in the Colorado Water
Quality Co,. -0/ Act. (See Part /I.E.3 of the permit.)
L Duration of Permit: The general permit may not exceed fIVe years in duration. In this case, the expiration date is set for
March 9.2008.
The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. The
permittee must apply for recertification under the general permit at least 180 days prior to its expiration date.
Kathryn Dolan
Nathan Moore
December 5, 2002
VI. CHANGES MADE AFTER PUBLIC NOTICE
Several writ/en comments were received during the public notice period Informal comments were also received during several
meetings with the regulated community Changes based on these comments and additional internal review are discussed below,
except for minor changes in wording that were made for the sake of clarificatiOn.
A. Rationale
1 Based on informal comments received. the discussion on . 'Maximum Extent Practicable" (MEP) was expanded to
emphasize the situation-specific nature of the process.
2. The discussion on Measurable Goals (Section V.B) was changed to emphasize that, due to the potential for an iterative
approach in complying with some of the program areas, additional Measurable Goals may be necessary for some
program areas well into the future (i.e., beyond this permit term).
B. Permit
1 Part 1.A.2 ("Discharges covered under this permit") was changed to eliminate duplication, and to clarifY that the
non-stormwater discharges identified under Part 1.B.3.a.4 are not 'authorized' under the permit, but do not need to be
addressed unless they are a problem. The definitionfor ]/licit Discharge (Part 1.F.3) was also changedfor the same
reason.
2. The section on requirements for stormwater sampling and testing was changed. The draft permit limited the conditions
leading to sampling. and did not take into account the potential highly variable nature vf such requirements. (Sampling
is still not a routine requirement under the permit.)
3. EP A commented that the permit should include language stating that "stormwater discharges must not cause or have the
reasonable potential to cause or contribute to a violation of a water quality standard" The Division did not add this
language, The permit contains numerous references to "water quality requirements of the Colorado Water Quality
Control Act (25-8-101 et seq., C.RS.) and the Colorado Discharge Permit Regulations (61) " These documents include
the criteria relating to water quality standards, and apply to discharges under this permit. However, the focus of this
permit is on Best Management Practices (BMPs), with the expectation that compliance with the program areas and
required BMPs as outlined in the permit will lead to compliance with the above-cited act and regulations. This focus
does not in any way affect the actual regulatory requirements, but does reflect the Division's approach during the first
permit term.
Kathryn Dolan
Nathan Moore
February 6, 2003
,
-~-
OtyofV.'hefiR~ \ \
[)epert1'TWrt at PutM w<.w
MINIMUM TIME
TARGET DATE CONTROL ACTIVITY CODE
MEASURE
YEAR 0*- 2003 MCM 1 1. Web Page Design Development - December ~
MCM2
MCM3 1. Ongoing participation and education of Jefferson County- Rooney 0
Road Recycling Center open to Wheat Ridge residents (Household
Hazardous Waste Storage Authority
MCM4
MCM5
MCM6 1. Regular roadway, drainageway and storm sewer maintenance ~
programs integrated into NPDES program- March
YEAR 1- 2004 MCM 1 1. Bi-Annual article in Wheat Ridge Connection- August 0
2. Participation in Annual Carnation Festival- August 0
3. Brochures available to businesses and public- September ~
MCM2
MCM3 1 Development of Illicit Discharge Detection and Elimination Plan ~
begins - September
2. Development of Storm Sewer System Outfall Map - September ~
3. Promotion of Recycling Center in City Stormwater Information ~
Brochures - September
MCM4 1. Development of Construction Stormwater Quality Management ~
Plan Review process - December
2. Development of Construction Site Inspection Procedures - ~
December
3. Development of Site Enforcement procedures - December ~
MCM5 1. Development of Stormwater Management Plan review process ~
2. Development of Site inspections - September ~
3. Development of Enforcement procedures - September ~
MCM6 1 Create a Municipal Facilities Map - December
YEAR 2- 2005 MCM 1 1. Brochure information provided in WR Connection bi-annually, ~
beginning in March
2. Web page Design implementation- December, revised every June 0
and December thereafter
MCM2 1. AnnualPublic Hearings Begin - September 0
MCM3
MCM4
MCM5
MCM6 1. Development of a Municipal Facility Stormwater Quality Plan - ~
January
2. Development of Municipal Inspection Procedures - January ~
3. Development of Municipal Employee Training - January ~
ITEM 4 - ATTACHMENT 2
YEAR 3. 2006 MCM 1 1 Annual Air Stormwater Message, Channel 8 Cable- March through 0
April, then every March through April annually
2. Brochure information provided in WR Connection bi-annually -+
3. Bi-annual Storm Drain Marking Program implemented - June, then 0
every June & September thenafter
MCM2
MCM3 1 Stormwater ordinance presented to Council - March
2. Stormwater ordinance Implemented by Council - October
MCM4 1. Stormwater ordinance presented to Council - March
2. Stormwater ordinance Implemented by Council - October
3. Education & Training programs implemented - September
MCM5 1 Stormwater ordinance presented to Council - March
2. Stormwater ordinance Implemented by Council - October
MCM6
YEAR 4- 2007 MCM 1 1. Brochure information provided in WR Connection bi-annually -+
MCM2
MCM3 1 Storm Sewer System Outfall Map completed - September, then bi- 0
annual updates thereafter
2. Illicit Discharge Detection and Elimination Plan implemented -
March
MCM4 1. Stormwater Quality Management Plan review process
implemented - April
2. Construction Site Inspections implemented - April
3. Construction Site Enforcement Procedures implemented- April
MCM5 1 Implementation of Stormwater Management Plan review process -
April
2. Post Costruction Site Inspections implemented - April
3. Post Construction Site Enforcement procedures implemented -
April
MCM6 1 Implementation of the Municipal Facility Stormwater Quality Plan -
March
2, Implementation of Municipal Facilities Site Inspections - March
3. Implementation of Municipal Employee Training - March
YEAR 5**- 2008 MCM 1 1. Brochures information provided in WR Connection March ed.
MCM2
MCM3
MCM4
MCM5
MCM6
LEGEND .Year 1 begins March 10, 2003
."Year 5 (pemi1 term) ends March 9, 2008
~ Aclivity continues to end of permit term. or until implemented
o Activrty repeats to end of permit term on anniversary of Implernentatton or as noted
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Below is a list of Stormwaler Drainage Projects that have been identified to date. The new stormwater Utility revenue
will be used to fund stormwater drainage projects in orner of' . These pro' eels have not been prioritized el.
IMPLEMENTATION OF URBAN DRAINAGE AND FLOOD CONTROL DISTRICrS PlANNING STUDIES
Priority
Item
Project
Estimated Cost Comments
Clear Creek Sewer @ 44lh Ave
TBD
Encasemenl of 55 @ 44th Ave. Renovation of encasement in
order 10 improve boaler safely,
Drainage Study review
2
Clear Creek Skyline Estales Review
TBD
3
Lena Gulch 10550 West 38th Ave
TBD
Inslallation of Concrele Rundown
TOTALS
TBD
IMPLEMENTATION OF THE CITY'S MASTER STORM DRAINAGE PlAN
Item Project Estimated Cost Comments Priority
(In 1979 dolla",)
Phase 4- W 41st Ave from Fenlon St to $250,000 Neighborhood Slonn sewe< system 10 relieve flooding problems
Ames St
2 Phase 5- West 38th cui de sac 10 West $220,000 Local stonn sewer system draining cui de sac to the minor trunk
41st Ave and Gray 51 storm sewer at W 41st Ave and Fenton 51.
3 Phase 7- W 35th Ave from Ames 51 to $375,000 Storm sewer to serve multi family residential neightxlrhoods
Depew St. then north 10 W 38th Ave
4 Portions of Phase 12- W 35th Ave from $175,000 Local drainage system improvements
Harlan St 10 Jay 51, 1hen north to W 38th
Ave
5 Phase 16- W 45th Ave between Reed St $210.000 local drainage system improvements
and Teller 51.
6 Phase 18- W 41 sl Ave netween Pierce 51. $105,000 local drainage system improvements
and Reed St
7 Phase 22- Garrison 51. between W 44th $311,450 local drainage system improvements
Ave & 1-70
8 Phase 23- Independence SI. between W $315,000 local drainage system Improvements
44th Ave & 1-70
g Phase 24- W 45th Ave between Field St $360.000 local drainage system improvements
and Everett 51. 10 Clear Creek
10 Phase 28- Miller 51. between W 44th Ave $310.000 Local drainage system improvements
and W 47th Ave
11 Phase 29- W 47th Ave west of Millef St, $308.000 local drainage system improvements
north on Nelson 51
12 Portions of Phase 51- System centered on $250,000 Local drainage system improvements
W 44lh Place
13 $150.000 local drainage system improvements
Phase 52- Quail 51. north of W 451h Ave
14 $250.000 Local drainage syslem improvements
Portions of Phase 31- West 38th Ave from
Union CI. to Simms Ct. then to Clear Creek
15 Portions of Phase 32- Union 51. from W $50.000 Local drainage system improvements
3200 Dr to W 35th Ave
16 Portions of Phase 42- Twilight and Circle $150.000 Local drainage syslem improvements
Drilve from 31st Ave to 29th Ave
17 Phase 33- Simms PI. north of HO $475,000 Local drainage system improvements
18 $325.000 Local drainage system improvements
Phase 34- W 52nd Ave west of Silm1S PI
19 Phase 35- Ridge Road from Tabor CI. to $110.000 Local drainage system improvements
Simms PI
20 Phase 36- EJ W connecIion souIh of $250,000 local drainage system improvements
Phase 35
21 Phase 37- $560,000 Local drainage system improvements
22 Phase 38- Pariet 51. North of 1-70 $600.000 local drainage system improvements
23 Phase 3~ Mmer 51. North of 1-70 $105.000 L~ drainage system improvements
24 Phase 40- Kipling SI. North of 1-70 $22,000 local drainage system improvements
TOTALS $6 236 450 IN 1979 DOLLARS
ITEM 4 - ATTACHMENT 4
MISCELLANEOUS DRAINAGE PROJECTS TO ADDRESS LOCALIZED DRAINAGE ISSUES
Item Project Estimated Cost Comments Priority
44th & Wadsworth. southwest comer TBD This comer is being redeveloped wilh the new Eckerd Pharmacy-
The City should consider requiring the applicant to put in Rt. Hand
turn land and upgrade inlet in Wadsworth. which connects to COOT
drainage in Wadsworth. Make a triple
2 4 I st & Independence cui de sac TBD During High Creek flows, waler bacl<s up into storm system and
floods cul-<le-sac. Possible option to plug cui de sac inlets, or install
checI< valves on storm piping. 1 pipe from cui de sac daylights at
creek, second pipe comes from nearby field to west.
3 29th Ave East of Wadsworth to Gray St TBD Series of open ditches, culverts and isolated flooding areas. High
Replace 100' culvert which is caving in- resolve irrigation ditch issue
along S. side of 29th Ave. Additional problem at 29th & Quay St-
flooding SW corner Main eastbound flows are intercepted by
drainage in Pierce, however, irrigation is still combined and
confusing
4 Hoyt Ct. South of 44th Ave TBD In 2004 Planning Stage
5 Iris 5t. between 49th & 50th TBD Cross Pan and catch basins clog easily. Flat Pans
6 Garrison St. north of 44th to 1-70 TBD Water holds on west side. North of 1-70, recharge inlets on
Garrison are operating correctly. Souith of 1-70. possible storm
drain addilion to pick up drainage on west side. (T ownhome
development nearby with drainage improvements- does this affect?)
7 46th-48th Carr-Flower TBD In 2004 Planning Stage
8 35th Ave east of Ward 5t TBD Heavy ice buildup in winter. No possible solutions? Adjusted
flowlines several years ago wi concrete rehab program. but a lot of
trees and shade= lots of ice buildup along south side. No drainage
conveyance nearby to connect to
9 32nd & Flower St. TBD Out dated drainage system. bad culverts. ete.
10 26th-29th Aves. Shendan - Fenlon TBD little or no drainage, isolated flooding, no sidewalks or curb and
gutter. In places we have installed asphalt drainage pans. Chase S.
of 29th- possible flooding, flat, no shouilders, not too many
complaints
II Dover St. between 29th & 44lh TBD Asphall pans in places. shoulders wash out during heavy rains.
MosUy east side wahout, 41st-44th. washing roadbase off shoulders
12 46th Ave east of Wadsworth. north side TBD Not big priority. ponding in places. few houses lower than st.
13 38th Ave & Youngfleld to Miller S. side TBD "'ea includes culverts. ditches and areas with no drainage. 38th High
East of Wright- most significant problem is culverV ditches!
shoulders that needs addreSSing. after a few complaints. 38th &
Union Court, SE Comer. Ponding in intersection- PW tried in past to
blade a shoulder. but still doesn' work
14 41st & Ames TBD Very small catch basin, heavy ice buildup. Border of Mtn. View &
Wheat Ridge, 12"xI2" catch basin needs improving@Amessouth
side. Benton to Sheridan- heavy ice buildUp
15 37th & Holland TBD During warm months water comes up through intersection
pavement. Has not recently tested posrtive for chlorine, may be
leaking from Rocky Mountain Ditch 1.5 blocks south. 2 waler pipe
leaks in recent past- fixed when tested positive for chlorine.
Possible RM Ditch leaking to groundwater. ExtensiVely remedialed
years ago in Holland St (99 or 00). Flooding still happens
16 Citywide, old drainage & culverts failing TBD Anytime an irrigation culvert crosses a street. the City is responsible
17 32nd PI. West of Pierce TBD Very flat asphan pan. slow draining ponds water to the west in curb High
and gutter. Pan we installed- hardly any flow, and a complaining
resident. Possible to reconstruct pan? Drainage eventually hits
City drainage in Pierce- flows north, and backs up west of Pierce.
18 38th Drive East of Wright St. TBD Poor drainage to irrigation ditch. East of Wright- end of cukle-sac. Moderale
Concrete channel made up of 2 parallel curb heads is not adequate
to get flow to ditch, and backs up on 38th Ave cui de sac.
19 Lena Gulch TBD Flooding problems- fences and other encumbrances along flow
areas.
20 Swiss Society Trailhead Parlling TBD Parking area shouild drain north to creek, holds water at greenbelt
entrance. Parl<s issues? Local access road to trailhead! parl<ing 101
for greenbelt access. Parl<ing lot aving drainage problems. Calch
basin nearl adjacent 0\ parl<ing lot possibly use
21 W 41st Ave trailhead, west of Kipling TeD Holds water especially south side of parl<ing lot
22 44th PI. east of Parlel TeD recharge inlet at east end of street- does not drain well. Typical
recharge inlet is 8' deep of 24. culvert- this one is - 5.5' deep
23 Confluence of Clear Creek and Lena Gulch TeD Dredge Pond, remove beaver dams. repair rockery at outlet. Much
siltation on northern bank- created second channel at coofluence of
Clear Creek and Lena Gulch.
24 Dudley SI. south of 41 st TeD Drainage system flows to Clear Creek. Homeowners complaining
about erosion and culverts plugging with rools and sticks. Culvert
dogging W of Dudley St between Everett. Clear Creek Valley San.
Access through this area
25 38th Ave between Routt and Robb St TBD Irrigation culvert is in imminent danger of collapse. 18" to 24" High
culvert is ugly wi utilities over the toP. possible complications with
repiacemenl The Ficus' have ownership over irrigation system,
Ownership problems with Lee Stewart & Eskans Oitch. although
Ditch is our responsibility
26 4675 Balsam 5t TBD Pipe to Clear Creek separating - check remaining 3-4 pipes nearby
also.
27 Pierce SI. south side of W 44th TBD CMP Failing- Past few years fine, possible lining option in 60" pipe?
28 Storm Sewer locales TBD 2-3 hours per day
TOTAl TBD
WATER QUALITY CONCERNS. INCLUDING SEPARATION OF IRRIGATION WATER AND STORMWATER
Item Project Estimated Cost Comments Priority
TOTAl
EROSION CONTROL AND CAPITAL MAINTENANCE ISSUES
Item Project Estimated Cost Comments Priority
TOrAl
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