The City of Golden has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Golden is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Golden will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Golden, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Golden has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
13.30.060 - Stormwater quality permits.
(a) Permit required. It shall be unlawful for any person to conduct any activity resulting in, or contributing to, a total disturbed area greater than one-half acre, without first obtaining a stormwater quality permit from the city. For the purpose of calculating whether the one-half acre threshold is met, all disturbed areas on all lots or parcels for which a certificate of occupancy has not been issued, and which are a part of a common plan of development or sale, shall be aggregated. The city may also require a stormwater quality permit regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, special use permit, or site development plan
(b) Permit application. Persons required to obtain a stormwater quality permit shall complete and file with the city an application on a form prescribed by the city. In support of the application, the applicant shall submit all information required on the city's form and any additional information requested by the city. The application shall be signed by a person responsible for compliance with the permit throughout the permit's validity.
(c) Permit issuance/denial. The city shall within ten working days of its receipt of a completed stormwater quality permit application either issue or deny a permit. If a permit is denied, the applicant shall be notified of such in writing. The notification shall set forth the grounds for denial and inform the applicant of what corrective actions must be taken to obtain a permit. An applicant may appeal the denial in writing to the city manager no later than 30 calendar days from the date of issuance of denial. The appeal must set forth the grounds for the appeal and include any documents in support of the applicant's appeal. The city manager shall within 30 calendar days of receipt of an appeal rule on the matter based solely upon review of the application, denial, appeal, and all documents related thereto. The parties shall receive written notice of the city manager's decision.
(d) Permit requirements. Stormwater quality permits shall contain, in part, the following:
(1) A statement that the permit shall remain in effect until final stabilization is achieved and approved by the city;
(2) Requirements for the installation, operation, and maintenance of stormwater quality control measures, including schedules where appropriate;
(3) Identification of the person(s) responsible for compliance with the permit, including such person's address and telephone number;
(4) Other conditions as deemed appropriate by the city to insure compliance with this chapter.
( Ord. No. 2079, § 8, 7-12-2018 ; Ord. 1703, § 2, 2005; Ord. 1498, § 1, 2000)
13.30.070 - Remedies for noncompliance.
(a) Compliance orders. Whenever the city determines that any activity is occurring which is not in compliance with a stormwater quality permit and/or the requirements of this chapter, the city may issue a written compliance order to such person containing a compliance schedule. The schedule shall contain specific actions the person must complete, including dates for the completion of the actions. It shall be unlawful for any person to fail to comply with any compliance order requirement.
(b) Suspension and revocation of permit. The city may suspend or revoke a stormwater quality permit for violation of any provision of this chapter, violation of the permit, and/or misrepresentations by the permittee or the permittee's agents, employees, or independent contractors.
(c) Stop work orders. Whenever the city determines that any activity is occurring which is not in compliance with an approved permit and/or the requirements of this chapter, the city can order such activity stopped upon service of written notice upon a person responsible for or conducting such activity. Such person shall immediately stop all activity until authorized in writing by the city to proceed. Service shall be by United States Postal Service mail or hand delivery. If a responsible person cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring. The notice shall state the nature of the violation. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the city. It shall be unlawful for any person to fail to comply with a stop work order.
(d) Civil proceedings. In case of any violation of any provision of this chapter, or any amendment thereof, the city may, at its discretion, initiate civil proceedings, including administrative citations pursuant to chapter 8.25 of the Code, injunction, mandamus, abatement, declaratory judgment or other appropriate actions or proceedings, to prevent, enjoin, abate, remove, or otherwise correct any such unlawful condition. Civil remedies provided for under this section are not exclusive and shall not preclude prosecution for criminal violations under the provisions of this chapter.
( Ord. No. 2128, § 1, 2-13-2020 ; Ord. No. 2079, § 9, 7-12-2018 ; Ord. 1498, § 1, 2000)
13.30.110 - Maintenance requirements.
The property owner shall be responsible for the maintenance of all stormwater collection and conveyance systems and quality control measures enacted pursuant to this chapter. All temporary quality control measures shall be removed after work on the site has been completed and the measures are no longer needed. Should any property owner fail to adequately maintain the stormwater collection and conveyance systems and quality control measures or remove the temporary quality control measures as required, the city may, after notifying the owner of the required maintenance and/or removal and the owner failing to perform such maintenance and/or removal, enter the affected property and perform or cause to be performed the required work and assess the charge for such work against the property owner, in accordance with the procedure set forth in this chapter regarding the assessment of costs.
( Ord. No. 2079, § 11, 7-12-2018 ; Ord. 1498, § 1, 2000; Ord. 1235, § 2, 1994)
13.30.120 - Inspection.
The requirements of this chapter shall be enforced by the city engineer and/or the city inspector. If the city engineer or the city inspector determines that eroded soils, construction related waste or other prohibited materials are leaving a disturbed area, such person may, in writing, direct the owner or such owner's agents or representatives on the site to install any control measures that are deemed necessary to minimize eroded soils, construction related waste or other prohibited materials from migrating off-site, including the issuance of stop work orders and/or suspension or revocation of any permit. It shall be unlawful for any owner or such owner's agents or representatives to fail to take all necessary measures to comply with such order and take all measures necessary to prevent eroded soils, construction related waste or other prohibited materials from migrating off-site.
( Ord. No. 2079, § 12, 7-12-2018 ; Ord. 1498, § 1, 2000; Ord. 1235, § 2, 1994)
13.30.130 - Right of entry.
(a) Right of entry generally. Whenever necessary to make an inspection to enforce this chapter, or whenever a police or code enforcement officer, or city inspector has probable cause to believe there exists upon any premises any condition which constitutes a violation of the provisions of this chapter such officer/inspector shall first present proper credentials and request entry. If entry is refused, the officer/inspector shall give the responsible party, or if the responsible party cannot be located after a reasonable effort the officer shall post upon a conspicuous place upon the premises, a written notice of intent to inspect not sooner than 24 hours after the time specified in the notice. The notice shall state that the responsible party has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an administrative warrant by a municipal judge of the city, or by a judge of any other court having jurisdiction.
(b) Search warrants. A police or code enforcement officer or city inspector may appear before the municipal judge and upon a showing of probable cause shall request an administrative warrant entitling such officer to enter upon the premises, using such reasonable force as may be necessary to gain entry. The officer or inspector applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises at issue in order to obtain a warrant, but must show some factual or practical circumstances that would cause an ordinary prudent person to believe that entry to the premises has been denied and that there exists a violation of the requirements of this chapter upon the premises.
(c) Emergencies. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this chapter, a police or code enforcement officer may enter upon any premises, using such reasonable force as may be necessary. An emergency situation includes any situation of imminent danger of loss of, or injury or damage to, life, limb, property or threat to public safety. It is unlawful for any owner or occupant of the building or premises to deny entry to any officer or to resist reasonable force used by any officer acting pursuant to this subsection.
( Ord. No. 2079, § 14, 7-12-2018 ; Ord. 1498, § 1, 2000; Ord. 1235, § 2, 1994)
13.30.140 - Nuisance provisions.
It is unlawful and constitutes a nuisance for any person to discharge or cause to be discharged or spilled any substance other than naturally occurring stormwater runoff into the city's storm drainage system, except for: landscape irrigation, lawn watering, diverted stream flows, irrigation return flow, rising groundwaters, uncontaminated groundwater infiltration, uncontaminated pumped ground water, springs, flows from riparian habitats and wetlands, water line flushing and discharges from potable water in accordance with CDPHE LRDG: Potable water, foundation drains, air conditioning condensation, water from crawl space pumps, footing drains, individual residential car washing, dechlorinated swimming pool discharges in accordance with CDPHE LRDG: Swimming pools, water incidental to street sweeping (including associated sidewalks and medians) and that is not associated with construction, dye testing in accordance with manufacturer's recommendations, stormwater runoff with incidental pollutants, discharges resulting from emergency firefighting activities, discharges authorized by a CDPS or NPDES permit, agricultural stormwater runoff, discharges that are in accordance with the division's low risk policy guidance documents or other division policies and guidance documents where the division has stated that it will not pursue permit coverage or enforcement for specified point source discharges, and other discharges approved by the division in accordance with MS4 Phase II Stormwater Permit Part I.E.2.a.v(Y). Nothing contained herein shall be construed to relieve any person discharging or causing to be discharged water into the storm drainage system from any liability for damage caused by the volume or quality of water discharged.
( Ord. No. 2079, § 14, 7-12-2018 ; Ord. 1498, § 1, 2000; Ord. 1235, § 2, 1994)
City of Golden Stormwater Website