HomeMy WebLinkAbout2006- 6 Repealing and Reenacting Title 9, Chapter 1, Vail Town Code Regarding Water Quality within the Town of Vail
ORDINANCE N0.6
SERIES OF 2006
AN ORDINANCE REPEALING AND REENACTING TITLE 9, CHAPTER 7, VAIL
TOWN CODE REGARDING WATER QUALITY WITHIN THE TOWN OF VAIL; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Councilu) have
been duly elected and qualified; and
WHEREAS, land development projects and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase storm water runoff
rates and volumes, flooding, stream channel erosion, and sediment transport and
deposition; and
WHEREAS, visual observations of turbidity in Gore Creek have been observed
from construction projects over the past two years, and deep excavations from these
projects require dewatering systems which mix ground water with soils during the
excavation process; and
WHEREAS, control of excessive suspended solids and sediment must be
undertaken to prevent these pollutants from reaching the surface waters of Gore Creek
causing deterioration of the Town water sources; and
WHEREAS, the Council finds that this text amendment is necessary for the
protection of municipal water supplies and for the promotion of coordinated and
harmonious development in a manner that conserves and enhances the Town's natural
environment and its established character as a resort and residential community of the
highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT;
Section 1. Title 9, Chapter 1 of the Vail Town Code is hereby repealed and re-
enacted as follows:
Chapter 1
Water Quality
SECTION:
9-1-1: Definitions
9-1-2: Water Quality Standards
9-1-3: Jurisdiction for Water Quality
9-1-4: Discharges Unlawful
Ordinance No. 6, Series 2006
f
~, M 9-1-5: Compliance with Permits
err' 9-1-6: Enforcement
9-1-7: Penalty
9-1-1: DEFINITIONS
(a) Enjoined shall include temporary, preliminary and permanent injunctive
relief.
(b) Municipal water supplies means all surface and underground water rights,
whether absolutely or conditionally decreed, of the Town of Vail, which are used or are
capable of being used for any beneficial purpose, including, without limitation, municipal,
commercial, aesthetic, irrigation, fish and game propagation, recreation, domestic,
industrial uses, and augmentation and exchange, but does not include waters in sewage
systems, waters in treatment works or disposal systems, water in potable water
distribution systems, and all water withdrawn for use until use and treatment have been
completed.
(c) Non-point source means any source of pollutant other than a point
source, including, without limitation, water use and development practices, activities
which encroach on riparian areas, vegetation disturbance, soil disturbance and earth
movement, impervious cover, and storm water runoff from developed areas.
(d) Permit means a permit lawfully issued pursuant to Public Law 92-500, the
Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1251, et seq.) or
pursuant to C.R.S. §25-8-501 (1981) etseq.
(e) Person means an individual, corporation, partnership, association,
municipality, district, federal or state agency, commission or other state or federal body
or political subdivision thereof.
(f) Point source means any discernible, confined and discrete conveyance,
including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock or concentrated animal feeding operation from which
pollutants are or may be discharged.
(g) Pollutant means any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and
industrial, construction, municipal and agricultural waste, dirt and slurry.
(h) Sources means any area that contributes to the water supply of any
stream or river and includes, without limitation, any drainage basin or underground
aquifer.
(i) Waterworks means all components of the Town's water supply system,
whether operated by the Town or the Eagle River Water and Sanitation District, including
but not limited to all equipment, dams, canals, ditches, flumes, pipelines, conduits,
reservoirs, drains, wells, pumps, and other facilities associated with the diversion,
control, treatment and/or distribution of the Town's municipal water supplies.
Ordinance No. 6, Series 2006
9-1-2: WATER DUALITY STANDARDS
Within the jurisdictional areas set forth in Section 9-1-3, the standards for water quality
shall be those standards adopted from time to time by the water quality control
commission pursuant to C.R.S. §25-8-202(b) (1981) and §25-8-404 (1981), as
applicable to waters located within the jurisdiction of this Chapter. Said standards are
incorporated herein by reference.
9-1-3: JURISDICTION FOR WATER QUALITY
Pursuant to C.R.S. §31-15-707(b) (1975), §31-15-708(1) (1975) and C.R.S. §31-15-401
(1975), and for the purpose of maintaining and protecting its municipal water supply from
injury and pollution, the Town shall exercise regulatory and supervisory jurisdiction within
the Town of Vail and over all streams and sources contributing to municipal water
supplies for a distance of five (5) miles above the points from which municipal water
supplies are diverted.
9-1-4: DISCHARGES UNLAWFUL
Within the jurisdictional areas defined in Section 9-1-3, it shalt be unlawful for any person
to discharge from either a point or a non-point source any pollutant or engage in any
activity which will result in the degradation of water quality below the standards set forth
in Section 9-1-2, unless the discharge is the subject of an existing and valid point source
discharge permit issued pursuant to C.R.S. § 25-8-501 (1981).
9-1-5: COMPLIANCE WITH PERMITS
With the exception of a point source discharge permit as noted above in Section 9-1-4,
obtaining and complying with a permit from any other local, state or federal entity for
activities or discharges resulting in a violation of this Chapter shall not constitute a
defense to any such violation.
9-1-6: ENFORCEMENT
(a) Right of Entry: Whenever necessary to make an inspection to enforce
any provision of this Chapter, an authorized representative of the Town may go upon
any land at any reasonable time to inspect the same, provided that such person identify
himself/herself and, if such land be unoccupied, that such person shall make a
reasonable effort to locate the person having control of such land to notify them of such
entry.
(b) Stop Work Order; Whenever any work or activity is being done contrary
to the provisions of this Chapter, or in violation of this Chapter, the Town or its
authorized representatives may order the work stopped by notice in writing served on
any person engaged in or causing such activity until authorized by the Town to proceed.
9-1-7: PENALTY
(a) Offense: Any person who violates any of the provisions of this Chapter
shall be subject to the penalties provided in Section 1-4-1 of this Code for each offense.
Each day shall be deemed a separate offense.
Ordinance No. 6, Series 2006
(b) Actions: Any activity or use which is continued, operated or maintained
contrary to any provision this Chapter is unlawful. The Town may institute injunction,
abatement or any other appropriate legal action to prevent, enjoin, abate or remove such
violation, in which event the prevailing party shall be entitled to recover its costs and
attorney fees.
(c) Remedies: The remedies herein provided shall be cumulative and not
exclusive and shall be in addition to any other remedies provided by law.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of July, 2006, and a
public hearing for second reading of this Ordinance set for the 1St day of August, 2006, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
~ ~,~~~
"- ' - ey E. Slifer, Ma~br
T ~ ~.
/ 1~-,
Ordinance No. 6, Series 2
t,
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 1 S` day of August, ?006.
r ~.'/ _~
Rodney E. Slifer, M yor
ATTEST:
l
~bre~ Donaldson,
Ordinance No. 6, Series 2006
movement, impervious cover, and sa
off from developed areas.
1686 io)P~u~rl~~law s ~ ~fF~eral~~
Control Act Amendments of-1972 (3
et seq.) or pursuant to C.R.S. §25-8
PROOF OF PUBLICATION ~~
~ (e) Person means an individual, sir
r'STATE OF COLORADO } nership, asaodation, rnunicipalih, C
or state agerrey, commission or oths
l ~r ~ •
~7 eral body or political subdvsion then
COUNTY OF EAGLE } (f) Pbim source means arty diacen
and discrete conveyance, incWdurg,
to, any pipe, ditch; s~ennel, tunnel,
discrete fissure, .,_...,-:..ar, roNing sts
I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily
That the same trated animal feeding operation fron
Cants are or ma
be dischar
• '
ed
.
y
.,.,
,
g
Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and (
M me
) Pa,
t
d
d
d spa
r
has a general circulation therein; that said newspaper has been published continuously and u
a
re
ge
ans a
ty
g
inrtinerator ream, sewage, gars
uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior sludge, munitions, dremk~l waste,
teriala, radioactive materials, heat, N
to the first ublication of the annexed le al notice or advertisement a
d that said
h
p ~~ equipmerrt, rodr, sand, sew
n
news a er
as
g P P
Published the requested legal notice and advertisement as requested. dustnel, construction, municipal ar
wears, art and slurry
The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating and m> Sources means any area twat rwr
Colorado's Home Rule provision water supply of arty stream or river
. without limitation, any drainage be
ground aquifer.
That the annexed legal notice or advertisement was published in the regular and entire issue of eve t~ waterworks means alt compo
Town's water supply system, whethe
number of said daily newspaper for the period of 1 consecutive insertions; and that the first ublicatio
) ~ T0'"" ~ ~ Fagle River Water r
n
I Distrkx, incWang but not limited to ;
said notice was in the issue of said newspaper dated July 22 A.D. 2006 and that the last publication a~a• ~ a~ v ,
associated with the diversion, cool
said notice was in the issue of said newspaper dated July 22 A
D
2006 armor astrlau9on a the Town's m
.
.
. supplie8.
9-1-2: WATER OiIALITY STM
In witness whereof has here unto set my hand this 31st day July
2006 '
,
~ ~, within file jurisdictional erase set to
1 ~ .- 9-,-a. u,e standards tw water qw
.~
P>.~she enera~/IVlanager/$ditor ttwse standards adopted from tkne 1
qu~r ~~ ~+
C.Ia.5. §25.8-202(b) (1981) and §25-
as applicable to waters located withi
Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado ~ ~°',, ~ ~ ~, ~~;,,~ ~"r'ar~
'/31 st '"
of July, 2006. ~
ORDINANCE NO. B
~13: JURISDICTION FOR W
~
SERIES OF 2008
`
AN ORDINANCE REPEALING AND REENACT.
~ \.
/~ /1 Pureuant to C.R.S. §37-15-707(b) (t
708(1) (1975) and C.R.S. §31-15-40
~J
ING TITLE 9, CHAPTER t, VAIL TOWN CODE
~/ p,'Q REGARDING WATER OUALRY WfTF11N THE
P V for the purpose of maintaining and
••~ TOWN of VAIL; AND SETTING FORTH DETAILS
P¢Y•
• • ~
~
IC INREGARDTHERETO munici
~ water suppy from injury
the Town shall exercise regulatory ar
•. ••
.
O jurisdiction within the Town of Vag
: ~
.~~ • WHEREAS, the Town of Vail, in the County of Ea-
Ap~E ~ • NIy COITIITIISSI ~je~ ~~ of Colorado (the 'Town°), is a home
• nrcipal corporatlon duy organized and ex- streams end sources contributing to
ter supplies for a distance of five (5
~e points from which municipal. wets
rM.-
P
~ isting under laws of the State of Colorado and the
^^HU- diverted.
-
• S`j • Town Charter (the 'Charter'); and.
~ ~
9.1-4: DISCHARGES UNLAIM
O~ ••• •••• WHEREAS, the members of the Town Councl of
• the Tawn (the 'Council') h
b
d
t
l
~
•
• yyfgtin the jurisdictional areas defines
ave
een
u
y e
ected
• • • • • •
~~
tt
"7~ ~ ,.f~R. and qualified; and
lJy~ t.3, ft shall be unlawful for arty persa
from either a or a iron
pant -point SOL
WHEREAS, land development projects arrd asso• tent or engage in any activity whist
the .:_,.~.fatlon of water quality bet
stated increases in impervious cover aher the by
drologk response of local watersheds and in- aids set forth in Section 9-1-2, ur
crease storm water runoff rates and volumes; charge ~ the suttject of an existing t
~~ ascharge permit issued purl
flooang, stream channel erosion, and seament § 25-8-501 (1981).
transport and deposition; and
WHEREAS, visual observations of turbidity in Gore 9-f-5: COMPLUINCE WITH PI
Creek have been observed from construction prof- ~, the exception of a point source ~
acts over the past two years, and deep excava-
lions from these- projects require dewetenng sys- mil as noted above in Section 9-t-4,
tams which miz ground water with soils during the comptying with a permit from any oft
or federal entity for activities or disc
excavation process; and ing in a violation of this Chapter shall
WHEREAS, control of excessive suspended solids a defense to any such violation.
and seamen[ must be undertaken to prevent these g_t ~_ ENFORCEMENT
pollutants from reaching the surface waters of
Gore Creek causing deterioration of the Town wa- (a) Right of Entry: Whenever nets:
ter sources; and
an inspectlon to enforce any prc
WHEREAS, the Council finds that Chapter, an authorized representatrv
may go upon arty land at any reasr
this text amendment is necessary for the p. _::.::_..
of municipal water supplies and for the promotion inspect the same, {rrovlded that such
'
of coonfinated and harmonious dove+..~,..o,,. in a
' ty himseH/herself and,
rf such land b
that such
~~ shall make a resat
manner that conserves and enhances the Town
s locate the person having control of
natural erNironment and its established character noUty them of such entry.
as a resort and residential community of the high-
^~ ~allty.
(b) Stop Work Order. Whenever any
BE IT ORDAINED BY THE ~ ~ being done contrary to the prc
Chapter, or In violation of this Chepts
n4VN OF VAIL, COL- its authorized representatives may c
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