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ORDfNANCENO. 12,Series 2012 INTRODUCED BY: Councilor Wiesley AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AMENDING ARTICLE III OF CHAPTER 104 OF THE CODE OF ORDINANCES OF LAFAYETTE, COLORADO, REGARDING STORMWATER QUALITY WHEREAS, to ensure compliance with the City’s Colorado Department of Public Health and Environment Municipal Stormwater Discharge Permit, it is necessary to amend certain provisions of Article III of Chapter 104, Stormwater Quality, of the Code of Ordinances. NOW, THEREFORE, BE IT ORI)AINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: SECTION 1. Section 104-34 Illicit Discharge prohibited: exemptions, of the Code of Ordinances of Lafayette, Colorado, is amended to provide as follows: The prohibitions set forth in this section shall not apply to any nonstormwater discharge permitted under a CDPS permit, waiver of waste discharge order issued and administered by CDPHE under the authority of the federal Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. SECTION 2. Section 104-39, Notification of spills, of’the Code of Ordinances of Lafayette, Colorado, is amended to provide as follows: Notwithstanding other requirements of law, as soon as any person responsible for any premises, facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials that are resulting or may result in illegal discharges or pollutants discharging into stormwater, the MS4, or waters of the state, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services SECTION 3. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. ---PAGE BREAK--- SECTION 5 . The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado 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. Each provision shall be treated and held as still remaining in forëe for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for 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 6. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. SECTION 7. This ordinance shall become effective upon the latter of the 10 th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE 17 th DAY OF APRIL, 2012. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE 15 Tl DAY OF MAY, 2012. CITY OF LAFAYETTE, COLORADO arolyn D. Cutler, Mayor ATTEST: APPROVED AS TO FORM: S san Koster, CMC David S. Williamson, City Clerk City Attorney 2