NONCOMPLIANCE WITH NOTICE OF AUTHORIZATION AND THIS PART
Colorado Springs City Code § 12.4.1109
in effect12.4.1109: NONCOMPLIANCE WITH NOTICE OF AUTHORIZATION AND THIS PART:
A. Chief Executive Officer Compliance Oversight: The Colorado Reclaimed Water Control Regulation requires the treater to conduct inspections of a representative number and type of reclaimed water user sites to determine reclaimed water user compliance with the user plan to comply, notice of authorization, and the Colorado Reclaimed Water Control Regulations. If the treater is aware of a violation by a reclaimed water user and does not report it as required by the Colorado Reclaimed Water Control Regulations, the treater may be subject to an enforcement action for failure to report the violation.
B. Noncompliance Correction: The Colorado Reclaimed Water Control Regulation provides where the treater finds violations by a reclaimed water user, up to sixty (60) days may be used by the treater to work with the reclaimed water user to resolve the violation. If the violation is resolved, no separate notice to the Colorado WQCD is required. The violation is to be reported in the treater's annual report to the Colorado WQCD. If the violation is continuing after a total of sixty (60) days from the time the treater became aware of the violation, the treater shall report the violation to the Colorado WQCD within five (5) working days.
C. Noncompliance Enforcement: It is the purpose of this section to provide additional and cumulative remedies. The Chief Executive Officer may use the following remedies individually, sequentially or in any order:
1. Authority To Take Action: Whenever the Chief Executive Officer finds that any user has violated or is violating this part, the Chief Executive Officer may take any action authorized by sections 12.1.115 and/or 12.1.117 of this chapter.
2. Service Discontinuance: The Utilities may discontinue reclaimed water service for reasons provided in the Colorado Springs Utilities tariffs, rules and regulations, section 13, including, but not limited to, violations of this Code or the nonpotable water line extension and service standards, unsafe conditions, and denying right of access. Procedures for discontinuance of service are as provided in the Colorado Springs Utilities tariffs.
D. Judicial Review: Any person aggrieved by the imminent hazard order of the Chief Executive Officer may appeal said order to the Hearing Officer in accord with subsection 12.1.115C of this chapter. If a timely request for hearing is made, the decision of the Hearing Officer shall be a final order. Any party adversely affected by the decision of a Hearing Officer may appeal it to the District Court in and for the County of El Paso pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. If the alleged violator fails to submit a timely request for a hearing, the alleged violator has failed to exhaust administrative remedies and may not appeal the notice or order to District Court. (Ord. 00-205; Ord. 01-42; Ord. 07-60; Ord. 18-42)
Source: City of Colorado Springs, Colorado, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/coloradospringsco/latest/coloradosprings_co/0-0-0-20113Fetched: 11/1/2026