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HomeMy WebLinkAboutordinance.council.044-81ORDINANCE NO. ~ (Series of 1981 AN ORDINANCE ENTITLED "THE WATER QUALITY ORDINANCE OF i98i," REPEALING AND REENACTING CHAPTER 11 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ENTITLED "HEALTH", AND ENACTING A NEW CHAPTER 11 ENTITLED "HEALTH AND WATER QUALITY!', PROVIDING FOR THE REGULATION OF ACTIVITIES IN AND AROUND THE CITY AND ITS VARIOUS SOURCES OF WATER SUPPLY, IN oRDER-T0' P~V~NT WATER QUA~LITY DEGRADATION, AND REGULATING ON-SITE INDIVIDUAL WASTE DISPOSAL SYSTEMS, DISPOSAL OF ANIMAL CARCASSES, REMOVAL OF RUBBISH, WEEDS AND BRUSH, AND OTHER SPECIFIC ACTIVITIES CAUSING POLLUTION WHEREAS, the City Council desires to preserve the quality and integrity of Aspen's municipal wat'er supply in order to protect the health, safety, and welfare of its citizens; and WHEREAS, any deterioration in area water quality would impact adversely upon ecological, aesthetic, and recreational values which are vital to the public health, safety, and welfare; and WHEREAS, water quantity is a 'prime determinant of water qual- ity; and any unjustifiable diminution in stream flow adversely affects water quality by reducing the diluting capability of receiving waters; and WHEREAS, the City Council desires that specific activities which threaten the health, safety, and welfare of the citizens of the City of A~pen be regulated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Chapter 11 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as fol- lows: CHAPTER 1i HEALTH AND WATER QUALITY Sec. 11-1. Definitions. (a) "Enjoined" shall include temporary~ preliminary, and permanent injunctive relief. (b) "Municipal water supplies" means all surface and under- ground water rights, whether absolutely or conditionally decreed, of the City of Aspen, which are used or are capable of being used for any beneficial purpose, including, without limitation, municipal, commercial, aesthetic, irrigation, minimum stream flow, fish and game propagation, recreations domestic, industrial uses, and augmentation and exchange. (c) "Non-point source" means any source of pollutant other than a point source and includes, 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 Pub- lic 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. 1973, 25-8-501, et seq. (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 dis- crete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated ani- mal feeding operation from which pollutants are or may be discharged. (g) "Pollutant" means dredged spoil, solid waste, incinera- tor residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive mater- ials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal~ and agricultural waste, dirt, and slurry. (n) "Presumption" means that any person charged with the waste of water resources shall bear the burden of prov- ing that the water diversions which were wasted did not contribute to or result in a degradation of the water quality standards set forth in Section 11-2. (i) "Sources" means any area which contributes to the water supply of any stream or river and includes, without limitation, any drainage basin or underground acquifer. (3) "Waste" means the failure to apply water diverted from any source which contributes to municipal water supplies to a beneficial use and includes, without limitation, causing or permitting the application of water in excess of that reasonably required to accomplish the purpose or purposes for which the water is diverted; permitting water to escape from ditches, canals, or other struc- tures in excess of reasonable loss; and any diversion of water rights decreed for a given purpose under circum- stance which cannot reasonably justify such usage. Sec. 11-2. Water quality standards. Within the jurisdictional areas set forth in Sec. 11-3, 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. 1973, 25-8-202(b) and 25-8-404, as appli- cable to the waters located within the jurisdiction of this ordinance. ence. Sec. il-3. Said standards are incorporated herein by refer- Jurisdiction for water quality. Pursuant to C.R.S. 1973, 31-15-707(1), and for the purpose of maintaining and protecting its municipal water supply from injury and pollution, the City shall exercise regulatory and supervisory 3urisdiction within the incorporated limits of the City of Aspen and over all streams and sources contribut- ing to municipal water supplies for a distance of five miles above the points from which municipal water supplies are diverted. Sec. 11-4. Discharges unlawful. Within the jurisdictional areas defined in Section 11-3, it shall be unlawful for any person to discharge from either a point on a non-point source any pollutant or engage in any activity which will result in the degradation of water qual- ity below the standards set forth in Sec. 11-2. Sec. 11-5o Waste prohibited. Within the jurisdictional areas defined in Sec. 11-3, it shall be unlawful for any person to waste water resources. The failure to apply water to a beneficial use shall give rise to a presumption of waste. Sec. il-6. Compliance with permits. Compliance with an applicable permit held by any person charged with a violation of this Chapter shall constitute an absolute defense to any such violation. Sec. 11-7. On-site waste disposal system. (a) It shall De unlawful for the owner or occupant of any building used for residence or business purposes within the City to construct or reconstruct an on-site sewage disposal device for the purpose of collecting, storingt or disposing of sewage; provided, however, that tem- porary, self-contained privies may be placed on con- struction sites or at public gatherings for the duration of the construction or attraction. These temporary facilities shall be maintained in a clean and sanitary condition at all times. (b) If any structure within the jurisdictional limits defined in Sec. 11-3 is currently being served by an on-site sewage disposal system and that system fails or malfunctions to the extent that it no longer is treating waste effectively and a danger is created that pollution of the City's water supply or ground water may occur, the owner or occupant shall make application within five (5) days from the date on which the owner or occ~upant first learns of said failure or malfunction to the applicable sanitation district for attachment of~ the structure to the public sewage system. If said struc- ture is not within a sanitation district or capable of being attached to a public sewage systemf the owner or occupant shall be responsible for controlling, repair- ing, or replacing said failure or malfunction within five (5) days from the date on which said owner or occupant first learns of said failure or malfunction. If such an on-site sewage disposal system is to be installed, it shall be done so in conformance with Pitkin County Regulations on Sewage Disposal Systems. Any malfunction or failure ~f an on-site waste disposal system is hereby defined to be a public nuisance. Sec. 11-8. Disposal of animal carcasses. Any animal which shall be killed or die from any cause in the City or within one hundred (100) feet of the banks of Maroon Creek, Castle Creek, Hunter Creekr the Roaring Fork River or any tributary thereto that is within the jurisdictional limits defined in Sec. 11-3 shall be at once removed to a designated landfill by the owner or person having had such animal in his possess ion, control, or charge, and the carcass of such animal shall be buried or disposed of in a sanitary manner. If ownerhsip of the animal cannot be determined, it shall be the responsibility of the animal control department to pick up and dispose of such an animal carcass as herein provided. Sec. 11-9. Specific activities causing pollution. (a) It shall be unlawful for any person or persons to have, keep, or maintain any grazing livestock or other animal within one hundred (100) feet of any water treatment facility, reservoir, intake point, distribution stream, trench, inlet pipe, or drain comprising a part of the City of Aspen municipal water facility. (b) It shall be unlawful for any person to bathe or swim in any of the reservoirs or other part of the Aspen water utility. Sec. 11-10. Accumulation of standing water on land regu- lated. It shall be unlawful for any person owning or occupying any premises, lot, or parcel of land within the jurisdictional limits defined in Sec. 11-3 to allow an accumulation of standing water that is or is likely to become offensive or injurious to the public health. Any person owning or occupy- ing any premises, lot, or parcel of land whereupon water shall be standing as aforesaid shall be deemed guilty of creating and maintaining a public nuisance. Sec. 11-11. Removal of rubbish, weeds, and brush required. All rubbish and all weeds and brush which constitute a fire or health hazard shall be removed from all lots and tracts of land within the City and from the alleys behind and from the sidewalk areas in front thereof. Sec. 11-12. Notice; removal by City and assessment of cost for failure to remove. (a) In the event any landowner shall fail to remove any such rubbish or weeds and brush which constitute a fire or health hazard as provided herein, the City Manager or his authorized agent may give the record owner of such lot or parcel of land written notice of such condition and require the removal of such weeds, brush and rubbish within fifteen (15) days of the date of such notice. It shall be unlawful for any landowner to fail or refuse to comply with such notice. (b) If the owner of such property shall fail to remove the weeds, brush and rubbish within the period above pro- vided, then the City may remove or have removed such weeds, brush and rubbish and shall thereupon charge the whole cost thereof, including inspection and other inci- dental costs in connection therewith, to the owner of such lots or parcels of land. (c) In the event that the owner or owners of the lot or lots or tracts of land against which any assessment hereunder shall be made, shall fail, refuse, or neglect to pay the same within twenty (20) days from the date of notice of such assessment, then and in this event the assessment shall be certified by the director of finance to the county treasurer of the county to be by him placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected together with a penalty added thereto to defray the costs of col- lection. All the laws of the State for the assessment and collection of general taxes f including the laws for the sale of property for taxes and the redemption there- of, shall apply to and have full effect for the~c0!lec- tion of all such assessments. Sec. 11-13. Notice in discretion of City manager or his authorized agent. The notices required by Sec. 11-12 to be given to remove weeds, brushr and rubbish shall be given at the sole discre- tion of the City manager or his authorized agent, and a determination by him that such a notice should be given because of the condition of such lot or tracts of land shall be conclusive on the question of whether the condition of such lots or tracts of land are such as warrant such. action. Sec. 11-14. Penalties and relief. (a) ~y person found in violation of any provision of this Chapter shall be fined a minimum of $50.00 and a maximum of $500.00, and may be en3oined from any further or con- (b) tinued violation hereof. In addition to the penalties and relief provided for in subsection (a) hereof, any person found in violation of any provision of this Chapter shall reimburse the City for any expenses incurred in preventing pollution of the municipal water supplies caused by said person, any expenses incurred in restoring municipal water supplies to the standards set forth in Sec. 11-2, or any expense incurred in improving any intake, treatment facility, or other part of the waterworks, which improvement is necessitated by the violation found hereunder. Section 2 If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provisions, and such holding shall not affect the validity of the remaining provisions. Section 3 A public hearing on the ordinance shall be held on the ~ day of ~~ , 1981, in the City Council Chambers, Aspe City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on ~ //~ 1981. He r~~ Mayor ATTEST: City Clerk FINALLY adopted, passed and approved on the day of , 1981. Mayor ATTEST '~tthyrYc~eSr~0qh