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RESOLUTION: 2003-67
SUBJECT: Collection of stormwater permit fees for one to five acre construction sites
RECOMMENDATION: Adoption of the resolution.
FUNDING SOURCE: None required.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
In 1996, the City of Lakewood was issued a stormwater discharge permit by the Colorado Department of Public Health and Environment (CDPHE). Since 1996, the CDPHE has required Lakewood to perform plan review, inspection and enforcement of soil erosion control on all construction sites that are part of developments of five acres or more. This program is a derivative of the federal Clean Water Act. The City's Stormwater Management Utility absorbs the costs without financial contribution from the state or federal governments.
In March 2003, the U.S. Environmental Protection Agency prepared more restrictive regulations which reduce the threshold of erosion control regulation from the former trigger point of five acres down to include projects as small as one acre. A site of one acre is slightly larger than 200 feet by 200 feet. While the CDPHE has the authority to inspect and enforce on the smaller sites, state staffing levels are inadequate to routinely perform the work. Consequently, the City is held responsible by CDPHE for plan review, plan approval and routine inspection on all sites.
The CDPHE is currently collecting a fee of $459/year per site for sites that are less than five acres and at least one acre in size. The state is willing to have the City receive these fees provided the City actually issues the permit on behalf of the state. Since the City is currently doing the plan review, approval and inspection of the sites, it makes sense to have the City also receive the revenue. The $459 fee will cover the additional cost of issuing permits and a portion of current costs of plan review, inspection and enforcement. During a recent 12-month period, 20 sites were being developed in Lakewood for which the fee (a total of $9180) was collected by the state.
DATE OF ADOPTION: September 8, 2003
ORIGINATED BY: Department of Public Works
STAFF PERSON RESPONSIBLE: Jay N. Hutchison, City Engineer, 303-987-7916
DOCUMENTS ATTACHED: Resolution 2003-67
SUBMITTED BY:
Richard J. Plastino, Director of Public Works
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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