9.15.040 Prohibited activities and permitted activities requiring notice.
A. It is unlawful for any person to cast, place, dump or deposit in any part of the Town waterworks any substance or material which may injure or obstruct the same or tend to contaminate or pollute the water or obstruct the flow of water through the Town’s water facilities. For a distance of five (5) miles upstream from the points where the water supply is diverted, no person shall: (1) throw, cast, put or deposit any pollutant or contaminant into or in close proximity to the Revelle Springs, Parachute Creek, the Colorado River, or any of their tributaries or drainage areas; (2) store or retain any offensive or unwholesome substance on any premises in such position that the substance or drainage therefrom may be carried by natural causes into Revelle Springs, Parachute Creek, the Colorado River, or any of their tributaries or drainage areas; or (3) permit to flow into Revelle Springs, Parachute Creek, the Colorado River, or any of their tributaries or drainage areas from any place or premises, any foul or contaminating fluid.
B. It shall be unlawful for any person to cause injury or damage to the Town waterworks.
C. In addition to the general prohibitions of Parachute Municipal Code and other ordinances dealing with water usage and pollution, and subsections (A) and (B) of this section, it shall be unlawful for any person to engage in any of the following activities within the Town’s watershed district, which activities the Town Council finds pose a potential or threat of injury to the Town’s waterworks or pollution to the Town’s water supply, unless such person shall, prior to commencement of such activity, receive a permit for such activity under the provisions of this chapter:
1. Construction or installation of a sewage disposal system.
2. Excavation, grading, filling or surfacing.
3. Removal of vegetation.
4. Timber harvesting.
5. Drilling operations.
6. Alteration of water drainage courses.
7. Surface and subsurface mining operations.
8. Spraying or using herbicides.
9. Using, handling, storing or transmitting toxic or hazardous substances, including, but not limited to, radioactive materials.
10. Using, handling, storing, or transmitting flammable or explosive materials, except for domestic purposes or within vehicular fuel storage tanks.
D. The following activities are permitted within the district, provided written notification of such activity is provided to the Town ten (10) days prior to commencement of such activity:
1. Stock grazing.
2. Road maintenance and improvement by governmental entities.
The written notice required under this subsection shall include the name and address of the person undertaking the activity, a legal and common description of the location of the proposed activity, a description of the proposed activity, a discussion of the potential impacts upon the Town’s waterworks or water supply, and such other information as the Town may require. The purpose of this notice requirement is to allow the Town an opportunity to protect the waters of the district by suggesting a best management practice for such activity prior to its commencement.
E. In the event that any activity not listed in subsection (C) of this section is being conducted in such a manner that the Town Council finds that there exists a foreseeable risk of injury to the Town’s waterworks or pollution to the Town’s water supply, the person responsible for such activity shall be notified by the Town of such finding and the Town may require that the activity cease and desist until a permit is obtained for the activity under the provisions of this chapter. (Ord. 492, 2004; Amended Ord. 757 §2, 2019)