HomeMy WebLinkAbout2003-016 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 03-16
RESOLUTION ADOPTING A STORM WATER POLLUTION PREVENTION PLAN
AND AUTHORIZING ITS SUBMITTAL TO THE MINNESOTA POLLUTION CONTROL
AGENCY AS PART OF THE CITY'S APPLICATION FOR ENROLLMENT IN THE
STATE OF MINNESOTA'S GENERAL NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM PHASE II PERMIT AUTHORIZING THE CITY'S DISCHARGE
OF STORM WATER.
WHEREAS, the City is required to comply with provisions of Phase II of the National
Pollution Discharge Elimination System (NPDES) as set forth in the Clean Water Act, as
amended, (33 U.S.C. 1251 et seq., 40CFR 122, 123 and 124, as amended, et seq.);
Minnesota Statues Chapters 115 and 116, as amended, and Minnesota Rules Chapter
7001; and
WHEREAS, the City must adopt a Storm Water Pollution Prevention (SWPP) Program
to enroll for coverage under the State of Minnesota's General NPDES Phase II Permit
(MNR580000) requirements authorizing the City's discharge of storm water associated
with municipal separate storm sewer systems;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The February 10, 2003 SWPP Program is adopted; and
2. That the City's Community Development Director, Michael Grochala, is hereby
authorized to use the February 10, 2003 letter to submit the SWPP Program to the
Commissioner of the Minnesota Pollution Control Agency as required for City enrollment
in the State of Minnesota's General NPDES Phase II Permit (MNR580000) Program.
Adopted by the Lino Lakes City Council this 10th day of February, 2003.
ATTEST:
Ann ir, City Clerk
J. B =-'ges n, Mayor
AGENDA ITEM 7A
STAFF ORIGINATOR: Michael Grochala
COUNCIL MEETING DATE: February 10, 2003
TOPIC: Resolution No. 03 -16, Adopting a Storm
Water Pollution Prevention Plan and
Authorizing its Submittal to the
Minnesota Pollution Control Agency as
Part of the City's Application for
Enrollment in the State of Minnesota's
General National Pollution Discharge
Elimination System Phase II Permit
Authorizing the City's Discharge of
Storm Water.
ACTION REQUIRED: Simple Majority
BACKGROUND:
In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251
et seq., 40CFR 122, 123 and 124, as amended, et seq.); Minnesota Statues Chapters
115 and 116, as amended, and Minnesota Rules Chapter 7001, the City needs to
submit a Storm Water Pollution Prevention Program satisfying the State of Minnesota's
General Permit (MNR580000) requirements authorizing the City's discharge of storm
water associated with municipal separate storm sewer systems.
The City's Storm Water Pollution Prevention Program includes:
(1) The Best Management Practices (BMPs) that it will implement for each of the
storm water minimum control measures including Public Education &
Outreach, Public Involvement Participation, Illicit Discharge Detection &
Elimination, Construction Site Runoff Control, Post - Construction Storm Water
Management in New /Re Development and Pollution Prevention /Good
Housekeeping for Municipal Operations;
•
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(2) Measurable goals for each of the BMPs, including, as appropriate, the months
and years in which the City will undertake required actions, including interim
milestones and frequency of the action in the narrative;
(3) Estimated yearly timelines in which the City will implement each BMP; and,
(4) Person(s) responsible for implementing and /or coordinating each component
of the Phase II Storm Water Program.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 03 -12 Adopting a Storm Water Pollution Prevention Plan
and Authorizing its Submittal to the Minnesota Pollution Control Agency as Part of
the City's Application for enrollment in the State of Minnesota's General National
Pollution Discharge Elimination System Phase II Permit Authorizing the City's
Discharge of Storm Water.
RECOMMENDATION:
Staff recommends approval of Resolution No. 03 -12.
ATTACHMENTS
1. Resolution No. 03 -12
2. NPDES Plan
•
February 10, 2003
Sheryl Corrigan, Commissioner
MS4 Storm Water Program
MPCA
520 Lafayette Road North
St. Paul, MN 55155 -4194
Re: NPDES Phase II
Storm Water Pollution Prevention Program
City of Lino Lakes
Dear Ms. Corrigan:
In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251
et seq., 40CFR 122, 123 and 124, as amended, et seq.); Minnesota Statues Chapters
115 and 116, as amended, and Minnesota Rules Chapter 7001, the City of Lino Lakes
(City) submits the enclosed Storm Water Pollution Prevention Program satisfying the
State of Minnesota's General Permit (MNR580000) requirements authorizing the City's
discharge of storm water associated with municipal separate storm sewer systems.
The City's Storm Water Pollution Prevention Program includes:
(5) The Best Management Practices (BMPs) that it will implement for each of the
storm water minimum control measures described in Item G of Part V (Storm
Water Pollution Prevention Program) of the General Permit;
(6) Measurable goals for each of the BMPs, including, as appropriate, the months
and years in which the City will undertake required actions, including interim
milestones and frequency of the action in the narrative;
(7) Estimated yearly timelines in which the City will implement each BMP; and,
(8) Person(s) responsible for implementing and /or coordinating each component
of the Phase II Storm Water Program.
The City is concerned about finding funding sources for implementation of this Storm
Water Pollution Prevention Program. All levels of government in Minnesota are under a
cloud of revenue shortfalls. Thus, new unfunded mandates such as the NPDES Phase
II program will be financially burdensome to implement. We urge you to consider this as
the NPDES Phase II program evolves.
The City also wishes to address Permit item C of Part IV (Section 303(d) listings and
Total Maximum Daily Load (TMDL) implementation plans). Implementation plans have
not been developed for the lakes (Bald Eagle, Peltier, George Watch, Marshan and
Centerville) and creeks (Clearwater and Hardwood) in the City that are included in the
US Environmental Protection Agency's July 8, 2002 proposed Total Maximum Daily
Load (TMDL) list (under Section 303(d) of the Clean Water Act).
In the remainder of this letter, the City will explain its reasoning for proposing TMDL de-
listings of George Watch, Marshan and Centerville Lakes and describe its minimal
contribution to the overall storm water allocation to the remainder of the TMDL listings of
in the City.
About 40 percent of the City's total land area is comprised of lakes and national
wetlands. The wetlands are widespread and these areas often help mitigate excess
storm water runoff peak flows. The City lakes generally fall into two categories; Natural
Environmental and Recreational. The Natural Environmental lakes are primarily located
in the Chain of Lakes Regional Park area and include Peltier, George Watch, Marshan,
Rice, Wards, Sherman, Cedar, Amelia, Randeau and Wilkinson Lakes. Recreational
lakes include Otter, Centerville, Reshanau, Baldwin and Bald Eagle lakes. They are
used for a variety of recreational uses such as swimming, boating, fishing and water
skiing. Centerville, Bald Eagle, Peltier and Reshanau are considered game fishing
lakes. Centerville and Bald Eagle Lakes are managed fisheries and stocked annually
with Walleye and Muskellunge. Each of these Lakes has significant rough fish
populations and Centerville Lake is aerated to prevent game fish winter kill.
The Minnesota Pollution Control Agency (MPCA) establishes water quality standards for
• all waters of the state, including surface water. These standards are contained in
Minnesota Rules Chapter 7050 and have statewide applicability. The MPCA's statutory
authority to adopt water quality standards and to classify waters of the state is found in
Minnesota Statutes Chapter 115. Water quality standards represent expectations for
how a stream or river could be used under natural conditions. We believe that this
authority formed the basis for the inclusion of Bald Eagle, Peltier, George Watch,
Marshan and Centerville Lakes in the US Environmental Protection Agency's July 8,
2002 proposed Total Maximum Daily Load (TMDL) list (under Section 303(d) of the
Clean Water Act) due to excess nutrients. In addition, Both Clearwater and Hardwood
Creeks are also included in TMDL list because of impaired biota.
The Rice Creek Watershed District (RCWD) Water Resource Management Plan states
that lakes such as George Watch, Reshanau, Rice and Marshan Lakes should be
considered Type 5 wetlands due to their shallow depths, organic bottom material and
emergent vegetation. As a result the City views George Watch and Marshan Lakes as
functioning properly within their wetland classification and believes they should be
removed from the TMDL list. In the case of Centerville lake, approximately 150 acres
are tributary to the 455 acre lake (see the enclosed Rice Creek Chain of Lakes Regional
Park Reserve Map). The City believes that a lake occupying 75% of its total drainage
area should not be on the TMDL list.
The RCWD Plan states that Bald Eagle and Peltier lakes have significant potential for
improvement. The City has little influence on the status of Bald Eagle Lake because the
City does not have control of a significant drainage area to or surface area of it. RCWD
has performed diagnostic /feasibility studies of Peltier Lake. This 465 acre lake sits
within a relatively small subwatershed within the Upper Rice Creek Watershed. All of its
shoreline in the City is also in the Chain of Lakes Regional Park. City activities
contribute drainage impacts to Randeau lake which, in turn, drains into Peltier lake. City
activities also contribute drainage impacts to Clearwater and Hardwood Creeks near
their discharge points into Peltier lake. However, these contributions are dwarfed by the
nearly 100 square miles of drainage contribution to Peltier Lake from the rest of the
Upper Rice Creek Watershed and from the remainder of the Clearwater and Hardwood
• Creek watersheds (see the attached RCWD watershed maps of each of these areas).
We look forward to the removal of George Watch, Marshan and Centerville lakes from
the TMDL list. As a result of these analyses, the City believes that the TMDL program
has little or no applicability to the City NPDES Phase II permit application.
Sincerely,
Michael Grochala
Community Development Director
Enclosures
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City of Lino Lakes
Storm Water Pollution Prevention (SWPP) Program
February 10, 2003
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Public Input.
Solicit public input at the annual meeting required
under the Public Education and Outreach plan,
including (1) Affording interested persons a
reasonable opportunity to make oral statements
concerning the Storm Water Pollution Prevention
Program, (2) Considering relevant written
materials that interested persons submit
concerning the Storm Water Pollution Prevention
Program, (3) Procedures and processes for each
speaker's presentation and, (4) Consideration of
public input and make appropriate adjustments to
the Storm Water Pollution Prevention Program.
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Web Site Development
Web Site Implementation
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Practitioner Community Educational Program
Development
Practitioner Community Educational Program
Implementation
Develop a web site for storm water education.
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Update the storm water education web site at least
three times a year on topics such as fertilizer and
pesticide application, littering and proper storage
of chemicals and yard waste materials.
Develop a mailing list for developer, construction
and engineering practitioner community.
Update the developer, construction and
engineering practitioner community mailing list
annually as well as mail educational materials at
least once a year.
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Stormwater Advisory Committee
Establish a local surface water advisory
committee to develop recommendations in
coordination with other entities such as
community groups, nonprofit organizations, lake
conservation districts, soil and water conservation
districts, the Rice Creek Watershed District, the
Vadnais Lake Area Water Management
Organization, school districts, the University of
Minnesota Extension, Anoka County and regional,
state and federal agencies. It's mission will be to
(1) Identify the audience or audiences involved,
(2) educational goals for each audience in terms
of increased awareness, increased
understanding, acquired skills and /or desired
changes in behavior, (3) Actives used to reach
educational goals for each audience, (4) Activity
implementation plans, including assigning
responsibilities for give activities and schedules,
and (5) developing performance measures that
can be used to determine success in reaching
educational goals.
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Annual Storm Water Pollution Prevention Program
Meeting Notice
Provide at least a 30 -day notice containing
relevant information about the Program and the
annual meeting. Notice should be distributed to
the official city newspaper and to the MPCA,
appropriate city and county officials and all other
persons who have requested that they be
informed of such public meeting.
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Public Action Participation Program Evaluation
Evaluate public participation projects such as an
adopt -a- lake or a student stormwater drain
stenciling.
O
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Public Action Participation Program Implementation
Implement at least one of the Public Participation
Action Program Plans.
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Stormwater Advisory Committee Recommendations
Review and adopt recommendations from the
Stormwater Advisory Committee.
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Stormwater Advisory Committee Recommendation
Implementation
Finalize a plan to implement of at least two
Stormwater Advisory Committee
recommendations.
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Storm Sewer System Map
Non Storm Water Discharge Ordinances
Illicit Discharge Detection and Response Action
Planning
Illicit discharge Detection and Response Action Plan
Implementation
Identify (1) Ponds, streams, lakes and wetlands
that are part of the conveyance system, (2)
structural pollution control devices (grit chambers,
separators, etc.), (3) all pipes and conveyances
that are at least 24 inches in diameter, and (4)
outfalls, including discharges from the City
drainage system to other MS4s, or waters and
wetlands that are not part of the City drainage
system, structures that discharge stormwater
directly into groundwater and overland discharge
points and all other points of discharge from the
City outlets.
Recommend and adopt new or modified
ordinances and /or policies and enforcement
procedures and actions.
Modify existing hazardous materials response
procedures, as necessary.
Purchase equipment necessary for
implementation of the modified hazardous
materials cleanup procedures and train
emplo ees.
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Erosion, Sedimentation and Pollution Control
Planning
Erosion, Sedimentation and Pollution Control Policies
and Ordinances
Site Operator Requirements
Construction Site Runoff Inspection Program
Prepare an erosion, sedimentation and pollution
control plan to address issues such as trash,
construction debris, leaking vehicles, storage of
chemicals etc.
Update the erosion, sedimentation and pollution
control plan. Update and adopt ordinances and
policies. Also include certification requirements
for design personnel. Refine necessary
procedures for the submittal, review, approval and
enforcement of erosion and sediment control
plans.
Refine as necessary construction site operator
requirements for implementation of appropriate
erosion and sediment control best management
practices and for the control of wastes, such as
discarded building materials, concrete truck
ashout, chemicals, litter, and sanitary waste at
the construction site that may cause adverse
impacts to water quality.
Refine as necessary the inspection program for
inclusion of procedures for receipt and
consideration of reports of non compliance or
other information on construction related issues
submitted by the public.
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Annual Water Resource Infrastructure Inspection
Plan
Develop a plan to annually inspect all structural
pollution control devices such as trap manholes,
grit chambers, sumps, floatable skimmers and
traps, separators and other small settling or
filtering devices. Also develop a plan for the
annual inspection of at least 20% of MS4 outfalls,
sediment basins and ponds. Based on the
inspections, determine if repair replacement, or
maintenance measures are necessary for proper
operation and to prevent environmental impacts
such as erosion.
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Implement Water Resource Infrastructure Inspection
Plan
Implement the Plan and Train Employees
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Infrastructure Repair and Maintenance
The necessary repair and maintenance should be
completed in the same year as the inspection or,
if impracticable, be incorporated into the next
year's work plan. Such maintenance should be
discussed in the NPDES Phase II General Permit
annual report.
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Public Parking Lot and Street Sweeping
Continue a priority and budgeting system for
sweeping public parking lots and streets at least
twice a year.
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Privately Constructed Water Resource Infrastructure
Performance Plan.
Develop or refine standard construction
requirements, access standards and maintenance
easements, maintenance covenants including
inspection, maintenance, repair and sweeping of
parking lots and private roads at least twice a year
and require reports for inclusion in NPDES Phase
II General Permit annual reports. Also develop an
inspection program.
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Privately Constructed Water Resource Infrastructure
Performance Implementation.
Train City employees to implement the Plan.
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Runoff Volume and Rate Control
Runoff Quality Control
Design and Construction Manual and Ordinance
Evaluation
Design and Construction Manual and Ordinance
Adoption
Implement Ordinances and Procedures
Coordinate with the Rice Creek Watershed
District and Vadnais Lake Area Water
Management Organization to develop defensible
engineering and technical standards for runoff
volume and rate control consistent with NPDES
Phase II and more specifically addressing local
needs.
Coordinate with the Rice Creek Watershed
District and Vadnais Lake Area Water
Management Organization to develop defensible
engineering and technical standards for reducing
pollutant loads consistent with NPDES Phase II
and more specifically addressing local needs.
Evaluate development and construction manuals
that incorporate structural and /or non - structural
best management practices that can be used to
meet or exceed stormwater management quantity
and quality goals. Such best management
practices should be consistent with Minnesota
Pollution Control Agency guidance.
Adopt or refine a development and construction
manual to include selected best management
practices. Also adopt or amend appropriate
ordinances and procedures.
Train employees and implement the ordinances
using the developed procedures.
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