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HomeMy WebLinkAbout2010-010 Council Ordinances1st Reading: 8/23/2010 Publication: 921 / 2010 2nd Reading: Q Effective: 1 n / 1, / )nl n Council Member ordinance: moved for adoption of the following CITY OF LINO LAKES ORDINANCE NO. 10-10 AN ORDINANCE REGULATING DISCHARGES INTO THE STORM SEWER SYSTEM OF THE CITY OF LINO LAKES The City Council of the City of Lino Lakes hereby ordains: Section 1. Chapter 405 of the City Code is hereby established as follows: REGULATION OF DISCHARGES INTO THE STORM SEWER SYSTEM § 405.01 PURPOSE. The purpose of this subdivision is to promote, preserve and enhance the natural resources with the city and protect them from adverse effects occasioned by non -storm water discharges into the stormwater system of the city by regulating discharges that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land. § 405.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BEST MANAGEMENT PRACTICE (BMP). Erosion and sediment control, water quality, and permanent storm water management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction -phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide planning agencies. DISCHARGE. Adding, introducing, releasing, leaking, spilling, casting, throwing, emitting any pollutant, or placing any pollutant in a location where it is likely to pollute waters of the state in the city. EROSION. The process by which ground surface is worn away by action of wind, water, ice, or gravity. GROUNDWATER. Water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or rock formations deeper underground. MPCA. Minnesota Pollution Control Agency. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. NPDES. The National Pollutant Discharge Elimination System; the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (§§ 301, 318, 402 and 405) and 33 C.F.R. §§ 1317, 1328, 1342 and 1345 authorizing the discharge of pollutants to water of the United States. PERSON. Any individual, firm, corporation, partnership, franchise, association or governmental entity. POLLUTANT. Any substance which, when discharged has potential to or does: interfere with state designated water uses; obstruct or cause damage to waters of the state; change water color, odor, or usability as a drinking water source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater; add an unnatural surface film on the water; adversely change other chemical, biological, thermal, or physical conditions, in any surface water or stream channel; degrade the quality of ground water; or harm human life, aquatic life, or terrestrial plant and wildlife. POLLUTANT includes, but is not limited to, dredged soil, construction waste, solid waste, incinerator residue, garbage, wastewater, wastewater sludge, chemical waste, biological materials, radioactive materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal, automotive fluid, petroleum-based substance, and oxygen -demanding material. POLLUTE. To discharge pollutants into.waters of the state. POLLUTION. The direct or indirect distribution of pollutants into waters of the state. PROHIBITED CONNECTION. Either of the following: (1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including any non -storm water discharge including sewage, process wastewater, and wash water and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or (2) Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. STATE. The State of Minnesota. STATE DESIGNATED WATER USES. Uses specified in state water quality standards. STORM SEWER SYSTEM. A conveyance or system of conveyances that is owned and operated by the city or other entity and designated or used for collecting or conveying storm water. STORM WATER. Precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage as defined under Minn. Rule 7077.0105, subpart 41(b). SURFACE WATERS. All waters of the state other than ground waters, which include ponds, lakes, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems except those designed and used to collect, convey, or dispose of sanitary sewage. UNLAWFUL DISCHARGE. (1) A non -storm water discharge into the storm water system or a natural water, including but not limited to: (a) Debris or other materials such as grass clippings, vegetative materials, tree branches, earth fill, rocks, concrete chunks, metal, other demolition or construction materials, or structures; (b) The disposal or misuse of chemicals or any other materials that would degrade the quality of waters within the system, including, but not limited to chemicals (fertilizers, herbicides, pesticides, and the like) or petroleum based products (gasoline, oil, fuels, solvents, paints, and the like); (c) Erosion and sediment originating from a property and deposited onto city streets, private properties or into the storm water conveyance system, including those areas not specifically covered under an approved storm water management plan or storm water permit; and/or (d) Failure to remove sediments transported or tracked onto city streets by vehicles or construction traffic within 24 hours of it being deposited on the street. (2) For the purposes of this section, UNLAWFUL DISCHARGES do not include the following, unless information is available to indicate otherwise: water line flushing; landscape irrigation; diverted stream flows; rising ground water; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; de -chlorinated swimming pool discharges and street wash water. (Ord. XX -10, passed x-x-xxxx) § 405.03 PROHIBITIONS. (1) No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, deposited, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. (2) No person shall intentionally dispose of grass, leaves, dirt, or other landscape debris into a water resource buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, wetland, flood control channel, canal, storm drain or any fabricated natural conveyance. (3) No person shall cause any unlawful discharge to enter the municipal storm water system unless such discharge: (a) Consists of non -storm water that is authorized by an NPDES point source permit obtained from the MPCA; or (b) Is associated with fire fighting activities. (4) No person shall use any unlawful connection to intentionally convey non -storm water to the city storm water system. (Ord. XX -10, passed x-x-xxxx) § 405.04 PROPERTY MAINTENANCE. All owners or occupants of property within the city shall comply with the following good housekeeping requirements: (1) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or the storm drain system may occur. This section shall apply to both actual and potential discharges. (2) No person shall store objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, in areas susceptible to runoff or discharge to a storm water system. (3) No person shall place any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff. Said machinery and equipment shall be placed in a confined area to contain or collect leaks, spills, or discharges without discharge to the storm water system. (4) Debris and residue shall be removed, as follows: (a) Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of in an appropriate manner. (b) Household hazardous waste shall be delivered to an approved collection site for disposal. (5) Water from swimming pools shall not be discharged into the storm water system until a minimum of seven days has passed since the addition of chemicals to the water. (6) Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provisions of the city code. (7) Mobile washing companies (carpet cleaning, mobile vehicle washing, etc.) shall dispose of wastewater to the sanitary sewer. Wastewater shall not be discharged where drainage to streets or the storm sewer system may occur. (Ord. XX -10, passed x-x-xxxx) § 405.05 NPDES PERMITS COMPLIANCE. Any person subject to an industrial activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city prior to allowing discharges to the storm sewer system. All facilities that have storm water discharges associated with industrial activity which are, or may be, the source of an unlawful discharge shall be required to implement, at their expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the storm sewer system. Such BMPs shall be part of a storm water pollution prevention plan (SWPPP) for compliance with requirements of the NPDES permit. (Ord. XX -10, passed x-x-xxxx) § 405.06 PROHIBITED DISCHARGE, ACTION REQUIRED. Not withstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected unlawful discharge into the storm sewer system or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of the release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the city no later than the next business day. (Ord. XX -10, passed x-x-xxxx) § 405.07 ENTRY UPON PRIVATE PROPERTY. (1) The city engineer and other duly authorized employees of the city, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the municipal storm sewer system. Except in emergency situations, no inspection shall occur without the permission of the owner. (2) If the city has been refused access to any part of the premises from which storm water is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, the provisions of § 101.14 governing administrative search and seizure warrants shall be followed. (Ord. XX -10, passed x-x-xxxx) § 405.08 SUSPENSION OF STORM SEWER SYSTEM ACCESS. (1) Suspension due to unlawful discharges in emergency situations. The city may, without prior notice, suspend storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent or substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or waters of the state, or to minimize danger to persons. (2) Any person discharging to the storm sewer system in violation of this chapter may have the person's storm sewer system access terminated if such termination would abate or reduce an unlawful discharge. A person commits an offense if the person reinstates storm sewer system access to premises terminated pursuant to this section, without the prior approval of the city. (Ord. XX -10, passed x-x-xxxx) § 405.09 ENFORCEMENT. (1) Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analyses, and reporting; (b) The elimination of unlawful connections or discharges; (c) That violating discharges, practices, or operations shall cease and desist; (d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (e) Payment of a fine to cover administrative and remediation costs; and (f) The implementation of source control or treatment BMPs. (2) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that should the violator fail to remediate or restore within the established deadline the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. (3) If the invoice received for abatement and/or restoration is not paid within 30 days, the city may draw the amount of the bill from any financial guarantees the city may hold or may assess the property from which the offense originated. After notice and hearing as provided pursuant to M.S. § 429.061, the City Council may then spread the charges against the property benefitted as a special assessment under M.S. § 429.101 for certification to the county auditor and collection along with the current taxes the following year or in annual installments not exceeding ten as the Council may determine in each case. (Ord. XX -10, passed x-x-xxxx) Section 2. Effective Date This ordinance shall be in force and effect from and after its pas publication according to the Lino Lakes City Charter. ulianne Barte Cit Jerk and Jeff Rein rt, a or Adopted by the Lino Lakes City Council this/ 3t1 -day of Sept 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council MemberRafferty and upon a vote being taken thereon, the following voted in favor thereof: Gallup, Rafferty, Roeser,. O'Donnell, Reinert The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM 6B STAFF ORIGINATOR: Marty Asleson MEETING DATE: September 13, 2010 TOPIC: Consider 2nd Reading of Ordinance No. 10-10, Regulating Discharges into the Stormwater Sewer System of the City of Lino lakes VOTE REQUIRED: 3/5 BACKGROUND The Municipal Separate Stormwater Program (MS4) general permit is mandated by the federal government under the Clean Water Act and is administered by the Minnesota Pollution Control Agency. The MS4 permitting program gives owners or operators of municipal separate storm sewer systems approval to discharge storm water to lakes, rivers and wetlands in Minnesota. The City of Lino Lakes is an MS4. The primary goal of the MS4 general permit is to improve water quality by reducing pollutants in storm water discharges. Specifically the program aims to ensure proper management of storm water discharges into waters of the state. The mandatory requirements for MS4's is written into the National Pollutant Discharge Elimination System (NPDES ) Phase H legislation_ In this legislation there are 6 minimum control measures that cities, classified as MS4's, must follow. One of these mandatory requirements is that a city develop, implement and enforce an illicit discharge detection and elimination program. The program must include, through an ordinance or other regulatory mechanism, a prohibition on non-stormwater discharges into the storm sewer system, and include appropriate enforcement procedures and actions. Federal regulations define an illicit discharge as "any discharge to an MS4 that is not composed entirely of storm water". Illicit discharges are considered "illicit" because MS4's are not designed to accept, process, or discharge such non-stormwater wastes. The Lino Lakes Environmental Board reviewed a draft Illicit Discharge Detection and Elimination (IDDE) ordinance at the June 30th Environmental Board meeting. Suggested ordinance changes were made and reviewed again at the July 28th Environmental Board meeting. The Environmental Board recommended that the IDDE ordinance move on to the City Council. RECOMMENDATION Approve second reading of Ordinance 10-10. ATTACHMENTS 1. Ordinance No. 10-10