HomeMy WebLinkAboutPZ Packet 05-14-12TTI- E CITY OF
LAt\E ELMO I 3801) 777-5510
0
ake Elmo, MN 55042Laverne Avenue rth www.takeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, May 14, 2012 at 7:00 p.m.
F-ITC]=JNAM
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. None
4. Business Items
a. COMPREHENSIVE PLAN AMENDMENT — I-94 CORRIDOR. A daft land use
plan amendment has been prepared for initial review by the Planning
Commission, with most of the new provisions focusing on a new future land use
map for the I-94 future sewered development area.
b. ILLICIT DISCHARGE AND CONNECTION ORDINANCE REVIEW. The
Planning Commission is being asked to review a draft ordinance that would
regulate non -storm water discharges into the City's storm drainage system.
5. Updates
a. City Council Updates.
i. May 15, 2012 — Consideration of Planning Commission recommendations
concerning Christ Lutheran Church and the Oakdale Gun Club
b. Staff Updates
i. Hiring of City Planner
ii. MnDOT Community Roadside Landscaping Partnership Program
Plantings - June 2, 2012 at 9:00 a.m.
iii. Upcoming Meetings:
1. May 29,2012— City Council Workshop: Work Group Update
2. May 30,2012— Planning Commission
c. Commission Concerns
6. Adjourn
c
Planning Commission
Date: 5/14/12
Business Item
Item: 4b
ITEM: Illicit Discharge Ordinance
SUBMITTED BY: Kyle Klatt, Planning Directory
REVIEWED BY: Nick Johnson, City Planner
Ryan Stempski, Assistant Engineer
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to review and comment on a draft Illicit Discharge Ordinance
that would regulate non -storm water discharges into the City's storm drainage system. The proposed
ordinance is a requirement for the City to adopt as part of its NPDES (National Pollution Discharge
Elimination System) permit and will ultimately be reviewed by the Pollution Control Agency to ensure the
final ordinance complies with the NPEDES program requirements. The City Engineer has prepared the
attached ordinance draft, and although the ordinance falls outside of the zoning regulations normally
reviewed by the Planning Commission, Staff is sending it to the Commission to:.1) make sure the
Planning Commission remains educated about the City's ongoing efforts to comply with the City's NPDES
permitting requirements, and 2) give the Commission an opportunity to provide the City Council with
feedback concerning the ordinance.
ADDITIONAL INFORMATION:
The below text from the website of the Environmental Protection Agency provides a brief overview of the
NPDES program and requirements:
Water pollution degrades surface waters making them unsafe for drinking, fishing, swimming, and
other activities. As authorized by the Clean Water Act, the National Pollutant Discharge
Elimination System (NPDES) permit program controls water pollution by regulating point sources
that discharge pollutants into waters of the United States. Point sources are discrete
conveyances such as pipes or man-made ditches. Individual homes that are connected to a
municipal system, use a septic system, or do not have a surface discharge do not need an
NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their
discharges go directly to surface waters. In most cases, the NPDES permit program is
administered by authorized states. Since its introduction in 1972, the NPDES permit program is
responsible for significant improvements to our Nation's water quality.
The proposed ordinance is intended to establish methods for controlling the introduction of pollutants into
the Lake Elmo's storm sewer system in order to comply with the requirements of the NPDES permit
process. The objectives of the ordinance, as described in the draft ordinance, include the following:
1. To regulate the contribution of pollutants to the MS4 by storm water discharges by any user;
2. To prohibit illicit connections and discharges to the MS4;
3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement
procedures necessary to ensure compliance with this section.
The attached documents include the text of the proposed ordinance in addition to a separate section with
the proposed definitions to accompany the ordinance.
RECOMMENDATION:
Staff is recommending that the Planning Commission review the proposed Illicit Discharge Ordinance and
provide Staff with any comments regarding the ordinance.
ATTACHMENTS:
1. Draft Illicit Discharge Ordinance
2. Ordinance Definitions
ORDER OF BUSINESS:
- Introduction ......................................
- Report ..............................................
Questions from the Commission......
- Public Comments (if appropriate) ...
- Action by the Planning Commission
.............................Kyle Klatt, Planning Director
.............................Kyle Klatt, Planning Director
.........................Chair & Commission Members
................................................................. Chair
.........................Chair & Commission Members
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
' I I• ._._ A.
AN ORDINANCE ADOPTING REGULATIONS TO GOVERN ILLICIT DISCHARGE
AND CONNECTION IN THE CITY OF LAKE ELMO
Section 1. The City Council of the City of Lake Elmo hereby ordains that Sections
XXX.XXX thru XXX.XXX of the Lake Elmo City Code are to read as follows:
Sections:
xxx.xxx Purpose
xxx.xxx Applicability
xxx.xxx Definitions
xxx.xxx Responsibility for Administration
xxx.xxx Compatibility with Other Regulations
xxx.xxx Ultimate Responsibility
xxx.xxx Discharge Prohibitions
xxx.xxx Watercourse Protection
xxx.xxx Industrial or Construction Activity Discharges
xxx.xxx Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of
Best Management Practices
xxx.xxx Notification of Spills
xxx.xxx Right of Entry
xxx.xxx Enforcement
xxx.xxx Severability
xxx.xxx Authority
ILLICIT DISCHARGE AND CONNECTION
xxx.xxx PURPOSE
(A) The general purpose of this ordinance is to provide for the health, safety, and general
welfare of the public through the regulation of non -storm water discharges to the storm
drainage system to the maximum extent practicable as required by federal and state law.
This ordinance establishes methods for,controlling the introduction of pollutants into the
municipal separate storm sewer system (MS4) in order to comply with requirements of
the MS4 permit issued to the City of Lake Elmo by the Minnesota Pollution control
Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES)
permit process. The objections of this ordinance are:
s
(1) To regulate the contribution of pollutants to the MS4 by storm water discharges by
any user;
(2) To prohibit illicit connections and discharges to the MS4;
(3) To establish legal authority to cavy out all inspection, surveillance, monitoring,
and enforcement procedures necessary to ensure compliance with this section.
xxx.xxx APPLICABILITY
(A) This ordinance shall apply to all water entering the storm drainage system generated on
any developed and undeveloped lands unless explicitly exempted by the City of Lake
Elmo.
xxx.xxx DEFINITIONS
(A) For the purposes of this ordinance, all terms, phrases, words, and their derivatives shall
have the meanings as stated in Chapter 11 of the City Code.
xxx.xxx RESPONSIBILITY FOR ADMINISTRATION
(A) The City of Lake Elmo shall administer, implement, and enforce the provisions of this
ordinance. Any powers granted or duties imposed upon the City of Lake Elmo may be
delegated in writing by the City Administrator to persons or entities acting in the
beneficial interest of or in the employ of the City.
xxx.xxx COMPATIBILITY WITH OTHER REGULATIONS
(A) This ordinance is not intended to modify or repeal any other ordinance, rule, regulation,
or other provision of law. The requirements of this ordinance are in addition to the requirements
of any other ordinance, rule, regulation, or other provision of law, and where any provision of
this ordinance imposes restrictions different from those imposed by any other ordinance, rule,
regulation, or other provision of law, whichever provision is more restrictive or imposes higher
protective standards for human health or the environment shall control.
xxx.xxx ULTIMATE RESPONSIBILITY
(A) The standards set forth herein and promulgated pursuant to this ordinance are minimum
standards; therefore this ordinance does not intend or imply that compliance by any
person will ensue that there will be no contamination, pollution, or unauthorized
discharge of pollutants.
xxx.xxx DISCHARGE PROHIBITIONS
(A) Prohibition of Illegal Discharges.
(1) No person shall throw, drain, or otherwise discharge, cause, or allow others under
its control to throw, drain, or otherwise discharge into the MS4 any pollutants or
waters containing any pollutants, other than storm water. The commencement,
conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
a) The following discharges are exempt from discharge prohibitions established
by this ordinance: water line flushing, landscape irrigation, diverted stream
flows, rising groundwater, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water, springs,
water from crawl space pumps, footing drains, lawn watering, individual
residential car washing, flows from riparian habitats and wetlands, street wash
water, dechlorinated swimming pool water, and any other water source not
containing a pollutant.
(i) For swimming pool discharges, water shall sit seven (7) days without the
addition of chlorine to allow for chlorine to evaporate before discharge.
(ii) Discharge of swimming pools, crawl spaces, sump pumps, footing drains
and other sources that may be determined to contain sediment or other
forms or pollutants may NOT be discharged directly to a gutter or storm
sewer. This discharge must be allowed to flow over a vegetated area to
allow filtering of pollutants, evaporation of chemicals and infiltration of
water consistent with the storm water requirements of the City of Lake
Elmo.
b) Discharges or flow from firefighting, and other discharges specified in writing
by the City of Lake Elmo as being necessary to protect public health and safety.
c) Discharges associated with dye testing, however this activity requires a written
notification to the City of Lake Elmo prior to the time of the test.
d) The prohibition shall not apply to any non -storm water discharge permitted
under.an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the MPGA, provided that
the discharger is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the storm drain system.
(B) Prohibition of Illicit Connections."
(1) The construction, use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this ordinance if the person connects a
line conveying sewage to the MS4, or allows such a connection to continue.
(4) Improper connections in violation of this ordinance must be disconnected and
redirected, if necessary, to an approved onsite wastewater management system or
the sanitary sewer system upon approval of the City of Lake Elmo.
(5) Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which may be connected to the storm sewer system, shall be
located by the owner or occupant of that property upon receipt of written notice of
violation from the City of Lake Elmo requiring that such locating be completed.
Such notice will specify a reasonable time period within which the location of the
drain or conveyance is to be determined, that the drain or conveyance be identified
as storm sewer, sanitary sewer or other, and that the outfall location or point of
connection to the storm sewer system, sanitary sewer system or other discharge
point be identified. Results of these investigations are to be documented and
provided to the City of Lake Elmo.
(C) Additional Discharge Prohibitions: Any owner or occupant of property within the City
of Lake Elmo shall comply with the following requirements:
(1) Subsurface sewage treatment systems shall be maintained to prevent failure.
(2) Recreational vehicle sewage shall be disposed of to a proper sanitary waste facility.
(3) Mobile washing companies (carpet cleaning, mobile vehicle washing, etc.) shall
dispose of wastewater to the sanitary sewer.
(4) All motor vehicle parking lots and private streets shall be swept, at a minimum,
once a year in the spring to remove debris. Such debris shall be collected and
properly disposed.
(5) Fuel, chemical residue, household hazardous waste or other types of potentially
harmful material shall be disposed of properly.
(6) Objects, such as motor vehicle parts, containing grease, oil or other hazardous
substances, and unsealed receptacles containing hazardous materials, shall not be
stored in areas susceptible to runoff.
(7) Any machinery or equipment that is to be repaired or maintained in areas
susceptible to runoff shall be placed in a confined area to contain leaks, spills or
discharges.
xxx.xxx WATERCOURSE PROTECTION
(A) Every person owning property through which a watercourse passes, or such person's
lessee, shall keep and maintain that part of the watercourse within the property free of
trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use,
function, or physical integrity of the watercourse.
xxx.xxx INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES
(A) Submission of Notice of Intent (NOI) to the City of Lake Elmo.
(1) Any person subject to an industrial or construction 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 of
Lake Elmo prior to the allowing of discharges to the MS4.
(2) The operator of a facility, including construction sites, required to have an NPDES
permit to discharge storm water associated with industrial activity shall submit a
copy of the NOI to the City of Lake Elmo at the same time the operator submits the
original NOI to the EPA as applicable.
(3) The copy of the NOI may be delivered to the City of Lake Elmo either in person or
by mailing it to:
Notice of Intent to Discharge Storm Water
City of Lake Elmo
3800 Laverne Avenue S
Lake Elmo, MN.55042
(4) A person commits an offense if the person operates a facility that is discharging
storm water associated with industrial activity without having submitted a copy of
the NOI to do so to the City of Lake Elmo.
xxx.xxx REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES
(A) The City of Lake Elmo will adopt requirements identifying best management practices
for any activity, operation, or facility which may cause or contribute to pollution or
contamination of storm water, the storm drain system, or waters of the United States.
The owner or operator of such activity, operation, or facility shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited materials or
other wastes into the municipal storm drain system or watercourses through the use of
these structural and non-structural BMPs. Further, any person responsible for a property
or premise that is, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and non-structural BMPs to
prevent the further discharge of pollutants to the MS4. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of storm water associated
with industrial activity, to the extent practicable, shall be deemed compliance with the
provisions of this ordinance. These BMPs shall be part of a storm water management
plan (SWMP) as necessary for compliance with requirements of the NPDES permit.
xxx.xxx NOTIFICATION OF SPILLS
(A) Notwithstanding 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 release of materials which are resulting or
may result in illegal discharges or pollutants discharging into storm water, the storm
drain system, or waters of the United States, said person shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a
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 of Lake Elmo in person or by
phone no later than the next business day. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Failure to provide notification of a release as provided
above is a violation of this ordinance.
xxx.xxx RIGHT OF ENTRY
(A) The City of Lake Elmo shall be permitted to enter and inspect facilities subject to
regulation under this ordinance as often as may be necessary to determine compliance
with this ordinance, including the right to set up, or require facilities owner to set up
devices necessary to conduct monitoring and/or sampling of the facilities storm water
discharge.
xxx.xxx ENFORCEMENT
(A) Enforcement
(1) The City of Lake Elmo shall be responsible for enforcing this ordinance.
(B) Penalties
(1) Any person, firm or corporation failing to comply with or violating any of the
provisions of this ordinance, shall be deemed guilty of a misdemeanor, and each
day during which any violation of any of the provisions of this ordinance is
committed, continued or permitted, shall constitute a separate offense. All land use
and building permits shall be suspended until the applicant has corrected any and
all violations.
(C) Emergency Cease and Desist Orders
(1) When the City of Lake Elmo finds that any person has violated, or continues to
violate, any provision of this ordinance, or any order issued hereunder, or that the
person's past violations are likely to recur, and that the person's violation(s) has
(have) caused or contributed to an actual or threatened discharge to the MS4 or
waters of the state which reasonably appears to present an imminent or substantial
endangerment to the health or welfare of persons or to the environment, the City
of Lake Elmo may issue an order to the violator directing it immediately to cease
and desist all such violations.
(D) Suspension Due to the Detection of Illicit Discharge
(1) Any person discharging to the MS4 in violation of this ordinance may have their
MS4 access terminated if such termination would abate or reduce an illicit
discharge. Such suspension may also be imposed if it is necessary to stop an actual
or threatened discharge which presents or may present imminent and substantial
danger.
(E) Violations Deemed a Public Nuisance
(1) In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this ordinance
is a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator's expense;
and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
xxx.xxx SEVERABILITY
(A) The provisions of this ordinance are severable. If any provision of this ordinance or the
application of any provision of this ordinance to any circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this ordinance, which can
be given effect without the invalid provision or application.
xxx.xxx AUTHORITY
(A) This article shall become effective upon its passage and publication in accordance with
the law.
Section 2. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
This Ordinance No. XX -XXX was adopted on this X day of June 2012, by a vote of _ Ayes and
_ Nays.
Mayor Dean Johnston
x1460 -W
Dean A. Zuleger
City Administrator
This Ordinance No. XX -XXX was published on the day of 2012.
Appendix B: Model Illicit Discharge and Connection Ordinance
MODEL ILLICIT DISCHARGE AND CONNECTION ORDINANCE
ORDINANCE NO.
SECTION 1. PURPOSEANTENT.
The purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of jurisdiction] through the regulation of non -storm water discharges to the stone
drainage system to the maximum extent practicable as required by federal and state law. This
ordinance establishes methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this
ordinance are:
(1) To regulate the contribution of pollutants to the M84 by stone water discharges by any
user.
(2) To prohibit illicit connections and discharges to the MS4.
(3) To establish legal authority to carry out all inspection, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this ordinance.
SECTION 2. DEFINITIONS.
For the purposes of this ordinance, the following shall mean:
Authorized Enforcement Agency. Employees or designees of the director of the municipal
agency designated to enforce this ordinance.
Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to storm water, receiving waters, or storm water conveyance systems.
BMPs also include treatment practices, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
Construction Activity. Activities subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of one acre or more. Such activities include
but are not limited to clearing and grubbing, grading, excavating, and demolition.
Hazardous Materials. Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
B-4 Illicit Discharge Detection and Elimination: Technical Appendices
Appendix B: Model Illicit Discharge and Connection Ordinance
Illegal Discharge. Any direct or indirect non -storm water discharge to the stone drain system,
except as exempted in Section 8 of this ordinance.
Illicit Connections. An illicit connection is defined as either of the following:
- Any drain or conveyance, whether on the surface or subsurface that allows an illegal
discharge to enter the storm drain system including but not limited to any conveyances that
allow any non -storm water discharge including sewage, process wastewater, and wash water
to enter the storm drain system 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,
- Any drain or conveyance connected from a commercial or industrial land use to the storm
drain system that has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Industrial Activity. Activities subject to NPDES Industrial Storm Water Permits as defined in 40
CFR, Section 122.26 (b)(14),
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 jurisdiction] and designed or
used for collecting or conveying storm water, and that is not used for collecting or conveying
sewage.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit.
means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC
§ 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area -wide basis.
Non -Storm Water Discharge. Any discharge to the storm drain system that is not composed
entirely of storm water.
Person. Any individual, association, organization, partnership, firm, corporation or other entity
recognized by law and acting as either the owner or as the owner's agent.
Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid
and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to
pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure; and noxious or offensive matter
of any kind.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Stone Drainage System. Publicly -owned facilities by which storm water is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, and other drainage structures.
Illicit Discharge Detection and Elimination: Technical Appendices B-5
Appendix B: Model Illicit Discharge and Connection Ordinance
Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form
of natural precipitation, and resulting from such precipitation.
Storm Water Management Plan. A document which describes the Best Management Practices
and activities to be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to Stonn
Water, Storm Water Conveyance Systems, and/or Receiving Waters to the Maximum Extent
Practicable.
Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from
a facility.
SECTION 3. APPLICABILITY.
This ordinance shall apply to all water entering the storm drain system generated on any
developed and undeveloped lands unless explicitly exempted by the [authorized enforcement
agency].
SECTION 4. RESPONSIBILITY FOR ADMINISTRATION.
The [authorized enforcement agency] shall administer, implement, and enforce the provisions
of this ordinance. Any powers granted or duties imposed upon the [authorized enforcement
agency] may be delegated in writing by the Director of the [authorized enforcement agency] to
persons or entities acting in the beneficial interest of or in the employ of the agency.
SECTION S. COMPATIBILITY WITH OTHER REGULATIONS.
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other
provision of law. The requirements of this ordinance are in addition to the requirements of any
other ordinance, rule, regulation, or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance, rule,
regulation, or other provision of law, whichever provision is more restrictive or imposes higher
protective standards for human health or the environment shall control.
SECTION 6. SEVERABILITY.
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this ordinance or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this ordinance.
SECTION 7. ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this ordinance are minimum
standards; therefore this ordinance does not intend or imply that compliance by any person will
ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.
B-6 Illicit Discharge Detection and Elimination: Technical Appendices