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STORMWATER QUALITY
Sections:
13.14.010 Findings of fact and purpose.
13.14.020 Exceptions.
13.14.030 Definitions.
13.14.040 Polluted water prohibited.
13.14.050 Inspection and sampling.
13.14.060 Erosion control.
13.14.070 Rules and regulations.
13.14.080 Elimination of polluting materials.
13.14.090 Enforcement-Violations-Penalties.
13.14.100 Stormwater Discharge Permit.
13.14.110 Continuing violation.
13.14.120 Severability.
13.14.010 Findings of fact and purpose.
The City Council of the City of Lakewood finds and determines that there is
a public need to control the water quality of surface drainage flowing through
the municipal storm sewer and into gulches, streams and waters of the city,
of the state and of the United States, and this is a matter that affects the
public health, safety and welfare. There is, therefore, the necessity of providing
for a comprehensive system of regulation and enforcement for the control of
the water quality of surface drainage through the enactment of the ordinance
codified in this chapter. (Ord. O-92-55 § 1 (part), 1992).
13.14.020 Exceptions.
This chapter does not apply to these discharges: water line flushing, fire hydrant
flushing, dechlorinated swimming pool discharge, landscape irrigation, diverted
stream flows, groundwater uncontaminated by polluting materials, discharges
from potable sources, springs, roof drains, lawn watering, non-commercial car
washing, flows from riparian habitats and wetlands. (Ord. O-92-55 § 1 (part),
1992).
13.14.030 Definitions.
As used in this chapter, "municipal storm sewer" means the conveyance
or system of conveyances for storm water within the City of Lakewood including
roads with drainage systems, municipal streets, catchbasins, stormwater detention
or retention ponds, curbs, gutters, ditches, gulches, manmade channels, or storm
drains.
"Polluting materials" includes, but is not limited to, trash, raw
materials, petroleum products, materials such as solvents, detergents, paints,
plastic pellets, swimming pool discharge, finished materials such as metallic
products, raw materials used in food processing or production, human or animal
excrement, garbage, wastewater, hazardous substances designated under Section
101(14) of the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended (CERCLA), fertilizers, pesticides, and waste products
such as ashes, slag and sludge.
"Stormwater" means stormwater runoff, snow melt runoff, and surface
runoff and drainage. (Ord. O-92-55 § 1 (part), 1992).
13.14.040 Polluted water prohibited.
A. It is unlawful for any person to discharge or cause to be discharged any
polluting materials into any municipal storm sewer within the city.
B. It is unlawful for any person to place, deposit, discharge or permit to be
placed, deposited or discharged polluting material in such a manner that it
enters the municipal storm sewer. (Ord. O-92-55 § 1 (part), 1992).
13.14.050 Inspection and sampling.
It is lawful for a city employee or consultant to enter upon private property
to perform inspection and sampling necessary to determine if the provisions
of this chapter are being complied with if:
A. The city has obtained a search warrant; or
B. The city has obtained the consent of the person in possession of the property.
(Ord. O-92-55 § 1 (part), 1992).
13.14.060 Erosion control.
A. During the development of any property within the city, those persons responsible
or in control of said development must use the best management practices for
the control of the water quality of surface drainage originating from the subject
property as set forth in the rules and regulations relating to erosion control
within the City of Lakewood.
B. Prior to any site grading or excavation, a developer shall submit a plan
for the control of the water quality of surface drainage as required by City
of Lakewood Engineering and Design Criteria. (Ord. O-92-55 § 1 (part),
1992).
13.14.070 Rules and regulations.
The Director of Planning, Permits and Public Works shall have the authority
to make and promulgate from time to time such rules and regulations as the Director
finds necessary for the administration and enforcement of this chapter in addition
to and in conjunction with, the provisions of this chapter and not inconsistent
therewith. (Ord. O-92-55 § 1 (part), 1992).
13.14.080 Elimination of polluting materials.
The Director of Public Works, or his designee, may take action to halt the flow
of surface water if, in the opinion of the Director, or his designee, it is
necessary to stop an actual or threatened reduction of the water quality of
surface drainage which presents or may present an imminent or substantial danger
to the health or welfare of persons or the environment. Any person notified
of such suspension shall immediately stop or eliminate the offending contributions.
In the event of a failure of the person to comply voluntarily with the suspension
order, the Director or his designee shall take steps as deemed necessary, including
immediate impoundment of surface drainage to prevent or minimize damage to individuals
or the environment. The Director may also initiate appropriate legal actions
in the name of the city in the event of such circumstances. A detailed written
statement submitted by the responsible person describing the causes of the noncompliance
and the measures taken to prevent any future occurrence shall be submitted to
the Director within five days of the occurrence. (Ord. O-94-39 § 18, 1994;
Ord. O-92-55 § 1 (part), 1992).
13.14.090 Enforcement-Violations-Penalties.
A. The violation of the provisions of this chapter or of the rules and regulations
of the Director issued pursuant to this chapter by any person shall be unlawful.
B. Whenever a discharge of polluting material is in violation of the provisions
of this chapter or otherwise causes or threatens to cause a condition of contamination,
pollution or nuisance, the city may, in addition to any other remedies available
to it:
1. Take action as set forth in Section 13.14.080;
2. Issue a cease and desist order;
3. Issue a summons and complaint to be heard in Lakewood municipal court;
4. Petition the district court for the issuance of a preliminary or permanent
injunction or both, as may be appropriate in restraining the continuance of
such discharge and may seek compensation for any damage caused by said pollution,
including any fines levied against Lakewood as a result of said pollution;
5. Treat the action as a nuisance. Any prohibited contribution to the stormsewer
system is declared to be a nuisance and may be abated, if the city so chooses,
under the provisions of the Lakewood Municipal Code relating to the abatement
of nuisances.
C. The Environmental Manager shall have the nonexclusive power and authority
to enforce the provisions of this chapter. The Environmental Manager shall be
considered a peace officer within the meaning of Section 1.04.010 of this code
for purposes of enforcing the provisions of this chapter. (Ord. O-2002-10 §
4, 2002; Ord. O-93-52 § 4, 1993; Ord. O-92-55 § 1 (part), 1992).
13.14.100 Stormwater discharge permit.
The term "significant" as it relates to the City's Stormwater Discharge
Permit requirements for development and redevelopment is defined as:
A. Sites that disturb an area of one (1) acre or more.
B. Sites that disturb less than one (1) acre of total land area that are part
of a larger common plan of development or sale, if the larger common plan will
ultimately disturb one (1) acre or more. (Ord. O-2006-6 § 1, 2006).
13.14.110 Continuing violation.
Each day of a continuing violation shall be deemed a separate violation. (Ord.
O-92-55 § 1 (part), 1992).
13.14.120 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this
chapter or application thereof to any person or circumstance, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter, or its application to any other person or
circumstance, and, to this end, the provisions of this chapter are declared
to be severable. (Ord. O-92-55 § 1 (part), 1992).
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