City staff propose changes to stormwater illicit-discharge code to strengthen enforcement

Erin Powers, the city’s Stormwater Enterprise Manager, told the City of Colorado Springs Council on May 26 that staff will propose amendments to parts of Article 8, Chapter 3 of the city code to strengthen the Illicit Discharge Program and increase enforcement options.

Powers said the changes are intended to bring the city’s code into alignment with the City of Colorado Springs’ MS4 permit with the state and EPA and to clarify exclusions such as firefighting activities that should not be treated as illicit discharges. “The City Of Colorado Springs MS4 Permit… requires the city to maintain an enforcement program to detect and eliminate these illicit discharges,” Powers said, explaining the rationale for the ordinance.

Powers also noted a companion administrative ordinance focused on enforcement for permanent control measures was not on the day’s agenda because of an administrative issue. She said staff plans to bring that ordinance back on June 8, with the goal of scheduling a first reading on June 9. “That was kind of a companion ordinance, but due to administrative issue that didn’t end up making it on today’s agenda. So I will plan to bring that back on June 8,” she said.

A council member asked whether the two ordinances are intended to be paired. Powers replied they are not directly cross-referencing one another but that the enforcement changes support permanent control measures in certain circumstances and will be returned to council for consideration. Council members had no further questions at that time.

The ordinance as presented updates language in the city code related to definitions, enforcement options, and listed exclusions for the Illicit Discharge Program; staff said they will finalize related administrative materials and return the companion enforcement ordinance in June for council consideration.