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AGENDA ITEM 6.B.i STAFF ORIGINATOR: Marty Asleson; Jim Studenski MEETING DATE: March 28, 2011 TOPIC: Second Reading of Ordinance No. 09-11 Establishing City Code Section 1011 Regulating Construction Site Erosion and Sediment Control and Post Construction Stormwater Management. VOTE REQUIRED: 3/5 BACKGROUND In 2003, as part of the National Pollutant Discharge Elimination System (NPDES) program required by the federal Clean Water Act, most cities, including Lino Lakes, were required to obtain a Municipal Separate Storm Sewer System (MS4) permit, administered in Minnesota by the Minnesota Pollution Control Agency (MPCA). This permit regulates the discharge of stormwater runoff to the waters of the State. The permit requires that each MS4 develop a Stormwater Pollution Prevention Plan (SWPPP) for the reduction of pollutants discharged from the storm sewer system. The SWPPP includes six (6) minimum control measures (MCM): 1) Public education and outreach; 2) Public participation; 3) Illicit discharge detection and elimination; 4) Construction site Stormwater runoff control; 5) Post -construction Stormwater management in new development and redevelopment; and 6) Pollution prevention/good housekeeping for municipal operations. MCM 4 requires reduction of pollutants from construction activities within the MS4's jurisdiction and MCM 5 requires post construction stormwater runoff regulations. Compliance with these requirements means having an ordinance as well as sanctions to ensure compliance The proposed ordinance establishes updated development requirements for both erosion and sediment control as well as stormwater management to meet the requirements of the NPDES permit. Elements of these requirements are currently contained in the City Zoning and Subdivision Codes or as policy statements in the City's Local Water Management Plan. Adoption of the ordinance will consolidate stormwater management requirements in a separate