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1265522-R8 SDMS 

CITY OF LEADVILLE, COLORADO 

Ordinance 3, Series of 2013 

AN ORDINANCE OF THE CITY OF LEADVILLE, COLORADO AMENDING THE LEADVILLE 

MUNICIPAL CODE AND ADOPTING REGULATIONS CONCERNING INSTITUTIONAL 

CONTROLS FOR THOSE PORTIONS OF OPERABLE UNITS 3, 5, 6?7, 8, AND 9 WITHIN 

THE CALIFORNIA GULCH SUPERFUND SITE LOCATED WITHIN THE CITY AND SETTING 

PENALTIES FOR FAILURE TO COMPLY WITH SUCH REGULATIONS 

WHEREAS, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act 

("CERCLA"), 42 U.S.C. 9601, et seq., and the National Contingency Plan 40, C.F.R. Part 300, the U.S.„ 

Environmental Protection Agency ("EPA") has selected remedies for the various operable units of the 

California Gulch Superfund Site ("Site") where EPA has determined that institutional controls are necessary 

as a supplement to engineering controls, to manage waste left in place, to comply with applicable State 

laws, and to protect human health and the environment; and 

WHEREAS, certain operable units of the Site, specifically operational units 3, 5, 6, 7, 8, and 9 lie 

partially within the boundaries of the City; and 

WHEREAS, the Board of County Commissioners of the County of Lake, Colorado ("Board"), previously 

amended the Lake County Land Development Code ("LDC") to meet the requirements of the various EPA 

Records of Decision or Action Memorandum that require institutional controls for the Site to prevent 

contaminated soils from being handled improperly, and to assist the EPA in deleting the Site from the 

National Priorities List ("NPL"); and 

WHEREAS, the County, through its Building Division, under intergovernmental agreement with the City 

("IGA"), has historically enforced the LDC provisions applicable to the OUs within the City; and 

WHEREAS, the IGA for building services between the City and the County is no longer in effect; and 

WHEREAS, the purpose of this Ordinance and the regulations adopted hereby is to establish 

institutional controls similar to those enacted by the County applicable within the Site on those portions of 

OUs 3, 5, 6, 7, 8, and 9 lying within the City; to meet the requirements of the various EPA Records of 

Decision or Action Memoranda that require institutional controls; to implement the requirements designed 

to prevent contaminated soils from being handled improperly, and to assist the EPA in deleting the Site 

from the NPL; and 

WHEREAS, the City is authorized pursuant to Section 31-15-401, C.R.S., to exercise its police powers to 

promote and protect the health, safety, and welfare of the community and its inhabitants; and 

WHEREAS, the City Council has determined that this Ordinance furthers the public health, safety, 

convenience and general welfare of the community. 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEADVILLE, 

COLORADO: 

Section 1. Section 15.04.020 of the Leadville Municipal Code, concerning amendments to the International 

Building Code, is hereby amended by the addition of a new subsection numbered 36, to read as follows in 

its entirety: 

36. IBC Section 1803, entitled "Excavation, Grading and Fill" is amended by adding a new subsection 

1803.7 to be entitled "Compliance with Institutional Controls" which shall read as follows: 

1803.7 Compliance with Institutional Controls. Excavations and grading within those portions 

of Operational Units 3, 5, 6, 7, 8, and 9 of the California Gulch Superfund Site ("Site") lying within 

the City shall comply with the provisions of Chapter 15.36 of the City of Leadville Municipal Code. 

City of Leadville Ordinance 3, Series of 2013, California Gulch Superfund Site Institutional Controls Page 1 of 5 
Section 2. The Leadville Municipal Code is hereby amended by the addition of a new Chapter 15.36, 

entitled "Institutional Controls for the California Gulch Superfund Site" which shall read as follows in its 

entirety: 

Chapter 15.36 

INSTITUTIONAL CONTROLS FOR THE CALIFORNIA GULCH SUPERFUND SITE 

Sections: 

15.36.010 General provisions. 

15.36.020 Definitions. 

15.36.030 Variances not allowable. 

15.36.040 Best Management Practices informational handout. 

15.36.050 Institutional Controls for OU3, OU5, OU7 and OU8 and penalty for violation. 

15.36.060 Institutional Controls for OU9 and penalty for violation. 

15.36.010 General provisions. 

A. These regulations are necessary to comply with U.S. Environmental Protection Agency 

requirements for institutional controls for the various operable units of the California Gulch Superfund 

Site located partially within the City. 

B. Enactment of these regulations is required by the U.S. Environmental Protection Agency in order to 

achieve deletion of the various operable units from the National Priorities List. 

C. The implementation of these institutional controls which regulate excavation and building activities 

within certain locations of the California Gulch Superfund Site will ensure that various Site remedies 

remain protective of human health and the environment and may also minimize the disturbance, transfer, 

inhalation and ingestion of contaminated soils, thus potentially lessening any risk posed by certain 

portions of the Site to the public health and safety. 

15.36.020 Definitions. 

The following terms as used in this Chapter shall have the assigned meaning: 

"California Gulch Superfund Site" or "Site" shall mean those areas within the City that are designated as 

the California Gulch Superfund Site by the EPA pursuant to the Comprehensive Environmental 

Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., as amended. EPA added the 

California Gulch Superfund Site to the National Priorities List in 1983. In 1994, the site was divided 

into 12 geographically based areas, also called operable units or OUs. 

"Engineered Remedy" means an EPA approved clean up action that is designed, built or managed, 

pursuant to a Record of Decision, to address contaminated areas of a Superfund site. Engineered 

remedies shall remain intact in order to protect the integrity of the remedy and generally cannot be 

disturbed or constructed upon. The engineered remedies subject to institutional controls for certain 

operable units of the California Gulch Superfund site will be defined by a map accessible in the Lake 

County Building and Land Use Department, Lake County Clerk and Recorder's Office, the Lake County 

Assessor's Office, and the City Clerk's Office. 

"EPA" shall mean the U.S. Environmental Protection Agency 

"Institutional Control" or "IC" means non-engineered instruments, such as administrative and/or legal 

controls, that help to minimize the potential for human exposure to contamination and/or protect the 

integrity of a remedy by limiting land .or resource use and/or by providing information that helps 

modify or guide human behavior at a site. 

"National Priorities List" or "NPL" means the list of hazardous waste sites eligible for long-term 

remedial action financed under the federal Superfund program. EPA may delete a final NPL site if it 

determines that no further response is required to protect human health or the environment. Partial 

deletions may also be conducted at Superfund sites. 

"Non-Engineered Remedy" means an EPA approved remedy comprised of a geographical area of an OU 

that does not include an engineered remedy. Non-engineered remedies may require proper 

management of potentially contaminated materials in order to protect the integrity of the remedy and 

to prevent human and environmental exposure. The non-engineered remedies subject to institutional 

controls for certain OUs of the California Gulch Superfund site will be defined by a map contained in the 

City of Leadville Ordinance 3, Series of 2013, California Gulch Superfund Site Institutional Controls Page 2 of 5 
Lake County Building and Land Use Department, Lake County Clerk and Recorder's Office, the Lake 

County Assessor's Office, and the City Clerk's Office. 

"Operable Unit" or "OU" means a designated geographically based area within the California Gulch 

Superfund Site. 

"Operable Unit 3" or "OUT means the OU fully described by the EPA Record of Decision for Operable 

Unit 3, dated May 6, 1998. Generally, OU3 encompasses several different slag piles and historic rail 

yards, including the Harrison Avenue slag pile and a portion of the Mineral Belt Trail. 

"Operable Unit 5" or "OUS" means the OU fully described by two EPA Records of Decision for Operable 

Unit 5, dated September 29, 2000, and October 31, 2000. Generally, OU5 encompasses the ASARCO 

Smelter/Colorado Zinc-Lead Mill Site - smelter sites around Leadville and one mill site. The smelter 

sites include the EGWA sites (Elgin Smelter, Grant/Union Smelter, Western Zinc Smelter, and Arkansas 

Valley South Hillside Slag Pile) and the AV/CZL sites (Arkansas Valley Smelter and Colorado Zinc-Lead 

Mill). 

"Operable Unit 6" or "OU6" means the OU fully described by the EPA Record of Decision for Operable 

Unit 6, dated September 25, 2003. Within the City, OU6 consists of the western portion of the Penrose 

Mine Waste Pile that was consolidated and capped in 1996, and also the Stray Horse drainage 

conveyance along 5t h Street and the portion of Starr Ditch between 5t h Street and California Gulch. 

"Operable Unit 7" or "OU7" means the OU fully described by the EPA Record of Decision for Operable 

Unit 7, dated June 6, 2000. Generally, OU7 consists of the Apache TailingTmpoundment that was 

consolidated and capped in 2002. 

"Operable Unit 8" or "0U8" means the OU fully described by the EPA Record of Decision for Operable 

Unit 8, dated September 2000. Generally, OU8 consists of the 500 year floodplain that is located 

between the Yak Water Treatment Plant and the point where the gulch enters the Arkansas River. 

Work on this operable unit was completed in 2002 including removal of tailing, non-residential soils 

and channel stabilization. 

"Operable Unit 9" or "OU9" means the OU fully described by the EPA Record of Decision for Operable 

Unit 9, dated September 2,1999 and the Explanation of Significant Differences dated September, 2009. 

Generally, OU9 consists of those portions of the Site where the land use is residential or that are 

currently owned as residential/populated areas and as low-density residential areas. 

15.36.030 Variances not allowable. These institutional control regulations shall not be subject to 

any authority to vary the building or zoning regulations of the City. No variances are permitted from this 

Chapter of the Code. 

15.36.040 Best Management Practices informational handout. Each applicant for a City building 

permit within the boundaries of OU3, OU5, OU6, OU7, OU8, and the six mine waste piles within the City in 

OU9 of the California Gulch Superfund Site will be provided with a handout from the City Building 

Services Department or provider regarding Lake County Best Management Practices for managing 

potentially contaminated soils in the City and Lake County. Each applicant shall be obligated to sign a 

document attesting to the fact that he/she has received, read and understood the Lake County Best 

Management Practices handout. No building permit shall be issued without the applicant's written 

acknowledgement provided to the City Building Services Department or provider. 

15.36.050 Institutional Controls for OU3, OU5, 01)6, OU7, and OU8 and penalty for violation. 

A. Engineered remedies. It shall be unlawful to erect, construct, reconstruct, alter or modify the 

footprint of any building, structure or improvements on land, including excavation, within an engineered 

remedy in OU3, OU5, OU6, OU7, or 0U8 of the California Gulch Superfund Site without prior notification 

and approval from the Colorado Department of Public Health and Environment. Written proof of 

approval from the Colorado Department of Public Health and Environment shall be a condition precedent 

to issuance of a building permit by the City Building Services Department or provider. The applicant shall 

submit a written request for approval to the Colorado Department of Public Health and Environment 

with a copy to the City Building Services Department or provider, each via certified mail. The Colorado 

Department of Public Health and Environment will provide an initial response within ten (10) days of 

receipt of the written request and will use best efforts to coordinate with landowners to provide a timely 

resolution of the request. Applicants are solely responsible for obtaining written approval from the 

Colorado Department of Public Health and Environment. 

City of Leadville Ordinance 3, Series of 2013, California Gulch Superfund Site Institutional Controls Page 3 of 5 
B. Non-engineered remedies. It shall be unlawful to excavate and remove any earthen materials 

including, but not limited to, native dirt, native soil, mine waste rock or mine tailings, slag, flue dust, or 

smelter waste from the owned parcel on an EPA non-engineered remedy, in excess of ten (10) cubic 

yards in OU3, OU5, OU6, OU7, or OU8 of the California Gulch Superfund Site without prior written 

approval from the Colorado Department of Public Health and Environment. Written approval from the 

Colorado Department of Public Health and Environment is a condition precedent to issuance of a building 

permit by the City Building Services Department or provider. The applicant shall submit a written 

request for approval to the Colorado Department of Public Health and Environment with a copy to the 

City Building Services Department or provider, each via certified mail. The Colorado Department of 

Public Health and Environment will provide an initial response within ten (10) days of receipt of the 

written request and will use best efforts to coordinate with landowners to provide a timely resolution of 

the request. Applicants are solely responsible for obtaining written approval from the Colorado 

Department of Public Health and Environment. 

C. Violations and penalty. 

1. It shall be unlawful to erect, construct, reconstruct, alter or modify the footprint of any building, 

structure or improvements on land, including excavation, within an engineered remedy in OU3, 

OU5, OU6, OU7, or OU8 of the California Gulch Superfund Site without prior notification and written 

approval from the Colorado Department of Public Health and Environment. 

2. It shall be unlawful to remove any earthen materials including, but not limited to, native dirt, native 

soil, mine waste rock or mine tailings from the owned parcel of an EPA non-engineered remedy in 

excess of ten (10) cubic yards in OU3, OU5, OU6, OU7, or OU8 of the California Gulch Superfund Site 

without prior written approval from the Colorado Department of Public Health and Environment. 

3. Failure to provide prior notification and written approval from the Colorado Department of Public 

Health and Environment for these otherwise prohibited activities is a violation of this Code and 

subject to a penalty of a fine of up to One Thousand Dollars ($1000.00). Additionally, the infraction 

shall be reported to the Colorado Department of Public Health and Environment by a letter from the 

City Building Services Department or provider. 

15.36.060 Institutional Controls for Six Mine Waste Piles Located in OU9 and penalty for 

violation. 

A. Six Mine Waste Piles Located within the City in OU9 of the California Gulch Superfund Site. EPA 

issued an Explanation of Significant Differences in September 2009 ("ESD") to document significant 

differences to the Record of Decision ("ROD") for OU9. The September 2009 ESD documents EPA's 

decision to require institutional controls for a total of seventeen mine waste piles within OU9 that have 

soils at the surface under the 3500 parts per million lead residential action level, but below the surface 

may have lead contamination exceeding the residential lead action level. EPA designated the seventeen 

mine waste piles as engineered remedies in the ESD. EPA has prepared a map that identifies the six 0U9 

mine waste piles that exist within the City. Those piles are identified as numbers 12, 13,18, 33, 34, and 

329. This map will be located in the Lake County Building and Land Use Department, Lake County Clerk 

and Recorder's Office, the Lake County Assessor's Office, and the City Clerk's Office. 

B. Engineered Remedies. It shall be unlawful to erect, construct, reconstruct, alter or modify the 

footprint of any building, structure or improvements on land, including excavation, within an engineered 

remedy in OU9 of the California Gulch Superfund Site without prior notification and written approval 

from the Colorado Department of Public Health and Environment. Written proof of approval from the 

Colorado Department of Public Health and Environment is a condition precedent to issuance of a building 

permit by the City Building Services Department or provider. The applicant shall submit a written 

request for approval to the Colorado Department of Public Health and Environment with a copy to the 

City Building Services Department or provider, each via certified mail. The Colorado Department of 

Public Health and Environment will provide an initial response within ten (10) days of receipt of the 

written request and will use best efforts to coordinate with landowners to provide a timely resolution of 

the request. Applicants are solely responsible for obtaining written approval from the Colorado 

Department of Public Health and Environment. 

C. Violation and penalty. 

1. It shall be unlawful to erect, construct, reconstruct, alter or modify the footprint of any building, 

structure or improvements on land, including excavation, within an engineered remedy in OU9 of 

City of Leadville Ordinance 3, Series of 2013, California Gulch Superfund Site Institutional Controls Page 4 of 5 
the California Gulch Superfund Site without prior notification and written approval from the 

Colorado Department of Public Health and Environment. 

2. Failure to provide prior notification and written approval from the Colorado Department of Public 

Health and Environment for these otherwise prohibited activities is a violation of this Code and 

subject to a penalty of a fine of up to One Thousand Dollars ($1000.00]. Additionally, the infraction 

shall be reported to the Colorado Department of Public Health and Environment by a letter from the 

City Building Services Department or provider. 

Section 3. Remaining provisions. Except as specifically amended hereby, all other provisions of the 

Leadville Municipal Code and the various secondary codes adopted by reference therein, shall continue in 

full force and effect. 

Section 4. Severability. Should any one or more sections or provisions of this ordinance enacted hereby 

be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the 

remaining provisions of this ordinance the intention being that the various sections and provisions are 

severable. 

Section 5. Repeal. Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith 

are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of 

any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or 

code provision heretofore repealed or superseded and this repeal shall not affect or prevent the 

prosecution or punishment of any person for any act done or committed in violation of any ordinance or 

code hereby repealed prior to the taking effect of this ordinance. 

INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED in full on first reading this 2nd day of 

April, 2013. 

CITY OF LEADVILLE, COLORADO 

Published in full in The Herald Democrat, a newspaper of general circulation in Leadville, Colorado, 

on the llth_ day of April, 2013. 

Passed and adopted on final reading and ordered published by title only with amendments 

on the 7th day of May, 2013. 

CITY OF LEADVILLE, COLORADO 

Published by title only with any amendments in The Herald Democrat, a newspaper of general circulation in 

the City of Leadville, Colorado, on the 16th day of May, 2013. 

City of Leadville Ordinance 3, Series of 2013, California Gulch Superfund Site Institutional Controls Page 5 of 5 
California Gulch Superfund Site -

Operable Units within Leadville City Limits 

Covered by Ordinances -

OUs 3, 5, 6, 7, 8, & 9 Mine Waste Piles 

a 

a 

Leadville 

Qty Boundary 

Waste Rock Pile 

OU 8 

(Deleted) 

OU 9 

(Deleted) 

Map Date: April 8,2013 

Map Projection: UTM, Meters, 13 North, NA083 

Data Sources: 

Operable Unit & NPl Boundaries - U.S. EPA Region 8 (2013) 

Streets Navteq (2011) 

Wosre Rock Pile - MFG. Inc (2009) 

Cty Boundary - Lake County, Colorado (2013) 

Imagery Bing (2013) 

'Boundaries are based on the nature and extent ot contamination 

and are sutfect to change 

500 1,000 Feet 

—J 1 

"I 1 

100 200 Meters 

Colorado 

California Gulch