ORDINANCE NO. 2014-11

 

AN ORDINANCE CONCERNING DISCHARGE OF GROUNDWATER INTO THE TOWN’S SANITARY SEWER SYSTEM

WHEREAS, Section 13-2-110 of the Keenesburg Municipal Code makes it unlawful for any person to discharge groundwater into the Town’s sanitary sewer system; and

WHEREAS, for the last two years the Town has experienced above-normal amounts of rainfall, which has caused an increase in the water table; and

WHEREAS, as a result of the increased water table, the Town’s Public Works Director has observed certain drain systems are unable to properly discharge water, causing pools in the summer and ice in the winter to form on public sidewalks; and

WHEREAS, efforts by the Town’s Public Works Director to remedy the problem without a connection to the sanitary sewer system have not succeeded, and the Public Works Director has determined that, in very limited circumstances, some of this water should be permitted to discharge into the sanitary sewer system; and

WHEREAS, the Board of Trustees has determined that remedying the potential risk to the public health, safety and welfare caused by the pooling water and ice on public sidewalks warrants an exception to the prohibition contained in the Code; and

WHEREAS, by this Ordinance the Board of Trustees authorizes the Public Works Director to grant such exceptions, but only when the Public Works Director finds that all other possible remedies have been explored and that direct connection to the Town’s sanitary sewer system is the only way to protect the public health, safety and welfare

.NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF KEENESBURG, COLORADO, THAT:

Section 1.        Section 13-2-110(a)(1) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted stricken; words to be added underlined):

Sec. 13-2-110.   Unlawful discharge.

 

(a)        It shall be unlawful to discharge into the sanitary sewer system any of the following:

 

(1)        Stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, unpolluted industrial water or any other water or material inappropriate to the sanitary sewer system; provided, however, the Public Works Director may grant a written exception to this subsection (a)(1) for the discharge of groundwater into the sanitary sewer system, subject to whatever conditions or requirements the Public Works Director may require, if the Public Works Director finds that such discharge is necessary or desirable for the protection of the public health, safety and welfare;

 

Section 2.        If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid.

 

            Section 3.        The repeal or modification of any provision of the Town of Keenesburg ordinances by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

 

            Section 4.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

 

            INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED IN FULL this 15th day of September, 2014.

 

                                                                                    TOWN OF KEENESBURG, COLORADO

 

 

 

                                                                                    _________________________________

                                                                                    Danny Kipp, Mayor

                                                                       

ATTEST:

 

 

 

____________________________

Debra L. Chumley, Town Clerk