Title
An Ordinance Amending Multiple Parts of Article 8 (Stormwater Quality Management and Discharge Control Code) of Chapter 3 (Public Property and Public Works) of the Code of the City of Colorado Springs 2001, as Amended, Pertaining to Stormwater Quality Management and Discharge Control Code and Providing Penalties for the Violation Thereof
Presenter:
Erin Powers, P.E., Stormwater Enterprise Manager
Richard Mulledy, P.E., Public Works Director
Body
Summary:
The City of Colorado Springs MS4 Permit requires the City to maintain an enforcement program to detect and eliminate illicit discharge to the stormwater system. Illicit discharge is the discharge of anything that is not stormwater, excluding allowable non-stormwater discharges under the City’s MS4 Permit. The recommended code changes strengthen the enforcement options available under City Code.
Background:
The City of Colorado Springs Stormwater Enterprise oversees compliance with the City’s Municipal Separate Storm Sewer System (MS4) Permit. This permit requires the implementation and maintenance of an Illicit Discharge Detection and Elimination (IDDE) Program.
The IDDE Program establishes a comprehensive framework to prevent non-stormwater pollutants from entering the municipal storm sewer system. The program requires the City to maintain a current storm sewer system map, implement enforceable prohibitions against illicit discharges, and respond promptly, typically within 24 hours, to any reported or observed discharge. It includes procedures for tracing the source of illicit flows, removing or requiring removal of the discharge, and escalating enforcement when responsible parties fail to comply. The City must also identify priority areas with a higher likelihood of illicit activity, conduct dry-weather outfall screenings, and train staff across departments to recognize and report potential issues. Together, these measures reduce pollutant discharges, protect receiving waters, and maintain compliance with the MS4 Permit’s water quality requirements.
The proposed ordinance updates City Code to align more closely with the requirements of the City’s MS4 Permit and to strengthen the City’s ability to prevent, identify, and address illicit discharges. Key changes include updated and expanded definitions, clearer prohibitions on illicit discharges and illicit connections, and enhanced authority for the Stormwater Enterprise to issue notices, require remediation, mandate monitoring, and take enforcement action when violations occur. The ordinance formalizes inspection authority, allows the City to obtain warrants when access is denied, and creates structured processes for notices, appeals, abatement, and cost recovery, including the ability to assess liens on properties for unpaid abatement costs. It also adds provisions for emergency abatement, reinspection fees, and penalties for noncompliance. Collectively, these amendments provide more robust, enforceable tools to protect state waters and support compliance with federal and state stormwater regulations.
Previous Council Action:
N/A
Financial Implications:
There are no financial implications as a result of this code change.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
These changes were discussed with the Housing and Building Association. No concerns were reported.
Alternatives:
The City’s illicit discharge enforcement authority would remain as currently established.
Recommended Action
Proposed Motion:
Move to approve Ordinance No. 26-215 to amend multiple parts of Article 8 (Stormwater Quality Management and Discharge Control Code) of Chapter 3 (Public Property and Public Works) of the Code of the City of Colorado Springs 2001, as Amended, pertaining to stormwater quality management and discharge control code and providing penalties for the violation thereof.
Summary of Ordinance Language
N/A