Section 16-11-1. Purpose. Pursuant to the powers vested in the City of Northglenn by Article XX of the Constitution of Colorado, by Article I, Section 1.2 and Article XI, Section 11.1(c) of the Home Rule Charter of the City of Northglenn, and by Colorado Revised Statutes, 1973, Section 31-15-708, the City Council of the City of Northglenn ordains this article to ensure that the citizens of the City of Northglenn receive water supply and sewage treatment services that are adequate to protect and promote their health, safety, and welfare and to cultivate and preserve the City's natural resources, environment, and aesthetic qualities of life.

In addition to these general purposes, the City Council finds, determines, and declares that the subject matter of this article is a matter of local and not state-wide concern and is adopted for the following specific reasons:

To enable the City to exercise control over and regulation of water supply and sewage treatment services within the City limits;

To protect the public health and welfare by ensuring the provision of water supply and sewage treatment services on a uniform basis to all citizens within the City limits;

To ensure the City's effective regulation and administration of water supplies within the City limits;

To protect the quality of City water supplies by preventing the introduction of independent sources of water supply into the City's water supply system;

To prevent the discharge of sewage into facilities other than the City sanitary sewer system.

To protect the public health and welfare by incorporating all non-tributary groundwater, as defined by §37-90-103 (10.5), C.R.S., underlying the City of Northglenn, including, but not limited to waters of the Dawson, Denver, Arapahoe, Laramie-Fox Hills, and Dakota aquifers into the City of Northglenn water supply system, in the pursuance of the City's recognized obligations to provide for a municipal water supply system to meet the needs of the City's citizenry and others incorporated into said system, as well as allowing for future economic growth of the City in an orderly manner.

[Source: Ord. 588, 1980; 826, 1986]

Section 16-11-2. Definitions. As used in this article:

The term "City sanitary sewer system" means the municipally-owned sanitary sewer system, including any and all additions, modifications, and extensions thereof.

The term "City water supply system" means the municipally-owned water supply system, including all water rights owned, leased, operated, controlled, or otherwise utilized by the City in the City water supply system, including any and all additions, modifications, and extensions thereof.

The term "collection system" means any and all pipes, appurtenances, pumps, or related systems for the conveyance of sewage from any residence, business, or other building to an interceptor or to a sewage treatment system.

The term "discharge" means the release of sewage from a sanitary facility.

The term "gray water" means the water-carried wastes discharged from laundry tubs, washing machines, sinks and dishwashers resulting from ordinary household washing of clothes and dishes and from ordinary personal bathing.

The term "independent water supply" means a source of water supply developed or used within the City limits other than water supplies that are owned, leased, operated, controlled, or otherwise utilized by the City and supplied as part of the City water supply system. Independent water supply includes, and is limited to, the following types of water supply: nontributary groundwater supplies including but not limited to waters drawn from the Dawson, Denver, Arapahoe, Laramie-Fox Hills and Dakota aquifers, subject to the provisions of C.R.S., Sections 37-90-102 et. seq., 37-90-137, 37-82-101 et. seq. and 37-92-102 et. seq.

The term "interceptor" means the wastewater treatment system that conveys sewage from the sewage collection system to the sewage treatment facility.

The term "person" means any individual, corporation, partnership, association, firm, company, society or group.

The term "sanitary facility" means any structure or facility used for the collection and disposal of sewage.

The term "sewage" means any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried wastes resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers or any other source of water-carried waste of human origin.

The term "water supply facility" means any installation or structure designed to provide domestic or potable water supply.

[Source: Ord. 588, 1980; 826, 1986]

Section 16-11-3. Connection to City Water Supply System. All buildings within the City limits that contain water supply facilities shall be connected to the City water supply system.

[Source: Ord. 588, 1980]

Section 16-11-4. Prohibition Against the Introduction of Water to the City Water Supply System. It is unlawful for any person to introduce, infiltrate, commingle or otherwise connect, either directly or indirectly, any water derived from a source other than the City water supply system, to the City water supply system.

[Source: Ord. 588, 1980]

Section 16-11-5. Prohibition Against Development and/or Use of Independent Water Supplies. It is unlawful for any person to develop or use, for any purpose, including domestic and irrigation uses, any independent water supply, as defined in this article, within the City limits.

[Source: Ord. 588, 1980]

Section 16-11-6. Exception for Existing Wells and Water Rights. Notwithstanding any other provisions of this article, those persons who have existing wells, either shallow or deep, and/or any other valid water rights for use in the City limits, as of August 21, 1980, shall be allowed to use such wells and/or water rights, however, the use of such wells and/or water rights for any purpose shall not permit the introduction of water produced from said wells and/or water rights, directly or indirectly into the City water supply system.

[Source: Ord. 826, 1986]

Section 16-11-7. Appropriation of Non-Tributary Groundwater. Pursuant to C.R.S., Section 37-90-137(8), the City of Northglenn does hereby incorporate all groundwater which was not otherwise incorporated into the City water supply system from the following aquifers that underlie and/or contribute water to all or any portion of the land encompassed within the City of Northglenn as they existed on August 21, 1980; Dawson, Denver, Arapahoe, Laramie-Fox Hills and Dakota Aquifers.

[Source: Ord. 826, 1986]

Section 16-11-8. Consent to Ground Water Appropriation.

The Clerk of the Water Court, Water Division No. 1, State of Colorado, caused the publication of Notice to all property owners in the City of Northglenn in the Northglenn/Thornton Sentinel on June 12, 1980, and July 10, 1980, that the Water Court, Water Division No. 1, State of Colorado, Case no. W-8445-76, had been requested by the City of Northglenn, pursuant to Section 37-92-304(3), C.R.S., to grant the City of Northglenn the right to withdraw water from the Arapahoe and Laramie-Fox Hills aquifers underlying the City of Northglenn. Those persons who did not have existing wells or who did not file a notice of lack of consent to the City of Northglenn's withdrawal of water under their land in the Office of the Clerk of the Water Court, Water Division No. 1, State of Colorado, on or before July 30, 1980, are deemed to have waived any right to such water, and impliedly consented to the withdrawal of such water by the City of Northglenn. The Water Court, Water Division No. 1, State of Colorado, in computing the amount of water decreed in Case No. W-8445-76, included all lands located within the City limits of the City of Northglenn, except those areas covered by existing wells and covered by any notices of lack of consent filed with the Clerk of the Water Court on or before July 30th, 1980. Notwithstanding the fact that the above-mentioned consent was the subject of a water court application for determination of non-tributary groundwater rights filed by the City of Northglenn prior to January 1, 1985, the inhabitants of the City of Northglenn consented to the withdrawal of such water by the City by virtue of this Ordinance, which became effective on August 21, 1980. The consent obtained by the City of Northglenn which was the subject of Case No. W-8445-76, in and for Water Division No. 1, State of Colorado, and the consent that exists by virtue of this ordinance, which consent existed prior to January 1, 1985, satisfies the consent requirements of Section 37-90-37(b)(II)(B), C.R.S.

In satisfaction of Section 37-90-137(b)(II)(C), C.R.S. the owners of all land which overlies such groundwater hereby appropriated which were not deemed to have consented to the withdrawal by the City of Northglenn of all such groundwater by (a) above shall be deemed to have consented to the withdrawal effective date hereof, unless no such consent shall be deemed to have been given as otherwise provided by law as set forth in Section 37-90-137(8), C.R.S.

[Source: Ord. 826, 1986]

Section 16-11-9. Filing of Land Area Map. Within a reasonable time from the effective date hereof, the City Manager shall file with the state Engineer of the State of Colorado a detailed map of the area as to which consent to such groundwater appropriation is deemed to be hereby given.

[Source: Ord. 826, 1986]

Section 16-11-10. Connection to City Sanitary Sewer System. All buildings within the City limits that contain sanitary facilities shall be connected to the City sanitary sewer system.

[Source: Ord. 826, 1986]

Section 16-11-11. Prohibition Against Unauthorized Sewage Discharge. It is unlawful for any person to discharge sewage other than into the City sanitary sewer system, except that the use of gray water, as defined in this article, for watering of lawns, trees, shrubs and gardens shall be permitted.

[Source: Ord. 826, 1986]

Section 16-11-12. Prohibition Against Connections to the Northglenn Interceptor. It is unlawful for any person to directly or indirectly connect any collection system, interceptor, pump station, or other means of conveying sewage, to the Northglenn Interceptor as set forth on the map filed in the office of the Director of Natural Resources, for that section of the interceptor which is located outside of the City's corporate boundaries, and running from the corporate boundaries to the sewage treatment facility, except the area between 120th Avenue and 136th Avenue, which exceptions are subject to approval by both the City and the United States Environmental Protection Agency.

[Source: Ord. 826, 1986]

Section 16-11-13. Penalties. Any violation of any of the provisions of this Article 11 of Chapter 16 of the Northglenn Municipal Code shall be punishable as provided in Section 1-1-10 (a) (2) of this Code.

[Source: Ord. 1130, 1995]

Section 16-11-14. Severability of Invalid Provision. If any one or more of the findings, determinations, or provisions of this article should be held invalid, then such finding, determination or provision shall be null and void and shall be deemed separate for the remaining findings, determinations, or provisions, and in no way affect the validity of any of the other findings, determinations, and provisions of this article.

[Source: Ord. 826, 1986]