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WS — Item 5 <br />WORK SESSION STAFF REPORT <br />Work Session Item 5 <br />Date: Council Work Session, September 7, 2010 <br />To: City Council <br />From: Michael Grochala <br />Marty Asleson <br />Re: Illicit Discharge, Detection and Elimination <br />Background <br />Questions concerning other state laws that might supersece the need for a local Illicit Discharge <br />Ordinance surfaced at the work session prior to the council meeting on the 25th of September. Under <br />the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase 2 <br />legislation the city must pass an ordinance or other regulatory mechanism to regulate, inspect and <br />enforce illicit discharges into the storm water system. <br />At the work session, an oil spill was used as an example of an illicit discharge. In this case there is <br />other state legislation that makes it illegal to place oil in solid waste, apply used oil as a dust <br />suppressant, or for road treatment, or otherwise place used oil on land or around waters of the state, <br />including wastewater and stormwater collection systems. A copy of Minnesota Rules Chapter <br />7045.0845 containing this requirement is attached. <br />While this rule covers oil it does not cover other elements that when placed in the storm water system <br />would be considered an illicit discharge. Additionally, the specific requirements of the NPDES <br />permit require the city to develop, implement, and enforce a program. In other words while the state <br />has created a law to prohibit spilling of oil it has also created a law that requires cities to regulate oil <br />and other discharges. <br />Cities are political subdivisions of the state and gain their authority from the state. In many cases <br />laws adopted by the state require the city to carry out enforcement. In other circumstances it is <br />simply different bodies of law that overlap. <br />Council Direction <br />1. None required. 2nd Reading of Ordinance No. 10 -10 is scheduled for the September 13, 2010 <br />council meeting. <br />Attachments <br />1. Ordinance 10 -10 <br />2. MPCA Storm Water General Permit <br />3. Mn Rule 7045.0845 <br />1 <br />