HomeMy WebLinkAboutOrdinance 868 ORDINANCE NO. 868
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE CREATING A NEW CHAPTER TO TITLE 900 REGULATING
ILLICIT DISCHARGE AND CONNECTIONS TO STORM DRAINAGE SYSTEM
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 900 by adding
a new chapter regulating illicit discharge and connections to the storm drainage system as
follows:
CHAPTER 912
ILLICIT DISCHARGE AND CONNECTIONS TO STORM DRAINAGE SYSTEM
SECTION:
912.01: Purpose/Intent
912.02: Definitions
912.03: Applicability
912.04: Responsibility for Administration
912.05: Ultimate Responsibility
912.06: Discharge and Connection Prohibitions
912.07: Watercourse Protection
912.08: Industrial or Construction Activity Discharges
912.09: Right of Entry
912.10: Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use
of Best Management Practices
912.11: Violations, Enforcement, and Penalties
912.12: Remedies Not Exclusive
912.01: PURPOSE/INTENT: The purpose of this Chapter is to promote, protect, and
enhance the natural resources within the City of Mounds View and provide for the health, safety,
and general welfare of its citizens 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 Chapter 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
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Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this
Chapter are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer
system by storm water discharges by any user.
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer
system.
(3) To establish legal authority to carry out all inspection, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this Chapter.
912.02: DEFINITIONS: The following definitions apply in this Chapter:
Subd. 1. CITY. The City of Mounds View, Minnesota and its elected officials, officers,
employees, and agents.
Subd. 2. 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.
a. STRUCTURAL BMPs are physical devices that are typically designed and
constructed to trap or filter pollutants from storm water runoff or reduce runoff velocities.
b. NON-STRUCTURAL BMPs are practices that typically focus on preserving open
space, protecting natural systems, and incorporate other existing landscape features to
manage storm water runoff at its source.
Subd. 3. CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Subd. 4. 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.
Subd. 5. 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.
Subd. 6. ILLEGAL/ILLICIT DISCHARGE. Any direct or indirect non-storm water discharge
to the storm drainage system, except as exempted in this Chapter.
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Subd. 7. ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:
a. Any drain or conveyance, whether on the surface or subsurface, that allows an illegal
discharge to enter the storm drainage system including, but not limited to, any
conveyances that allow any non-storm water discharge of sewage, process wastewater,
and wash water to enter the storm drainage system, and any connections to the storm
drainage system from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed,permitted, or approved by the City.
b. Any drain or conveyance connected from a commercial or industrial land use to the
storm drainage system that has not been documented in plans, maps, or equivalent
records and approved by the City.
Subd. 8. INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Storm Water
Permits as defined in 40 CFR, Section 122.26 (b)(14).
Subd. 9. MLJNICIPAL 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 that is not
used for collecting or conveying sewage.
Subd. 10. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORM WATER DISCHARGE PERMIT. 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.
Subd. 11. NON-STORM WATER DISCHARGE. Any discharge to the storm drainage
system that is not composed entirely of storm water.
Subd. 12. PERSON. Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting either as the owner or as the
owner's agent.
Subd. 13. POLLUTANT. Anything that causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; undiluted coal tar-based sealers or other products containing polycyclic aromatic
hydrocarbons (PAHs); non-hazardous liquid and solid wastes and yard wastes; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so
that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous materials 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.
Subd. 14. PREMISES. Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
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Subd. 15. STORM 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.
Subd. 16. STORM WATER. Any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such precipitation.
Subd. 17. STORMWATER POLLUTION PREVENTION PLAN (SWPPP). 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 Storm Water, Storm Water
Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
Subd. 18. WASTEWATER. Any water or other liquid, other than uncontaminated storm
water, discharged from any premises.
912.03: APPLICABILITY: This Chapter shall apply to all water entering the storm
drainage system generated on any premises unless explicitly exempted by the City.
912.04: RESPONSIBILITY FOR ADMINISTRATION: The Director of Public Works
is the principal City official responsible to administer, implement, and enforce the provisions of
this Chapter. The Director may delegate any or all of the duties hereunder to designated persons
or entities acting in the beneficial interest of or in the employ of the City.
912.05: ULTIMATE RESPONSIBILITY: The standards set forth herein and
promulgated pursuant to this Chapter are minimum standards; therefore, this Chapter does not
intend or imply that compliance by any person will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutants.
912.06: DISCHARGE AND CONNECTION PROHIBITIONS
Subd. 1. Prohibition of Illegal Discharges: 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.
Subd. 2. Exemptions to Discharge Prohibitions: The commencement, conduct, or
continuance of any illegal discharge to the storm drainage system is prohibited except as
described as follows:
a. Dischaxges resulting from the following activities: water line flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated ground water
infiltration, uncontaminated pumped ground water, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
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from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water.
b. Discharges or flow from fire fighting, and other discharges specified in writing by the
City as being necessary to protect public health and safety.
c. Discharges associated with dye testing. Persons performing this activity are required
to verbally notify the City prior to the time of the dye test.
d. 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
United States Environmental Protection Agency (EPA), 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 drainage system.
Subd. 3. Prohibition of Illicit Connections:
a. The construction, use, maintenance, or continued existence of illicit connections to the
storm-drainage system is prohibited.
b. 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.
c. 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.
d. Improper connections in violation of this ordinance must be disconnected and
redirected, if necessary, to an approved on-site wastewater management system or the
sanitary sewer system upon approval of the City.
e. Any drain or conveyance that has not been documented in plans, maps, or equivalent,
and which may be connected to the storm drainage system, shall be located by the owner
or occupant of that property upon receipt of written notice of violation from the City
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 by qualified persons and provided to the City in a format acceptable to the
City.
Subd. 4. Prohibition of Illegal Disposal and Dumping: No person shall throw, deposit, place,
leave, maintain, or keep any pollutant or substance upon any pavement, storm drain inlet,
or other areas exposed to precipitation that may cause pollutant or substance to become
an illicit discharge. The intentional disposal of grass, leaves, dirt, or other material into a
water resource, buffer, street or pavement, storm drain inlet, conveyance, or other
component of the storm drainage system shall also be prohibited.
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912.07: WATERCOURSE PROTECTION: 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, 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.
912.08: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES:
Subd. 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 prior to the allowing of
any discharges to the MS4.
Subd. 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 Notice of Intent to the City at the same time the operator submits the original Notice
of Intent to the EPA as applicable.
Subd. 3. The copy of the Notice of Intent to Dischaxge Storm Water may be delivered to the
City either in person or by mailing it to:
Director of Public Works
City of Mounds View
2401 County Highway 10
Mounds View, MN 55112
Subd. 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 Notice of
Intent to do so to the City.
912.09: RIGHT OF ENTRY: The City shall be permitted to enter and inspect premises
subject to regulation under this Chapter as often as may be necessary to determine compliance
with this Chapter. Unreasonable delays in allowing the City access to enter and inspect premise
is a violation of this Chapter.
91210: REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM
WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES:
Subd. 1. The City may adopt requirements identifying Best Management Practices for any
activity, operation, or facility that may cause or contribute to pollution or contamination
of storm water, the storm drainage 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 storm drainage system or watercourses using these structural and nonstructural
BMPs.
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Subd. 2. Further, any person responsible for a property or premises 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
maximum extent practicable, shall be deemed compliant with the provisions of this
section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
912.11: VIOLATIONS,ENFORCEMENT,AND PENALTIES:
Subd. 1. Any person violating any provision of this Chapter is guilty of a misdemeanor.
Subd. 2. Emergency cease and desist orders. When the City finds that any person has violated,
or continues to violate any provision of this Chapter, 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 illicit 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 may
issue an order to the violator directing it to immediately cease and desist all such
violations.
Subd. 3. Suspension due to the detection of illicit discharge. Any person discharging to the
MS4 in violation of this Chapter 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 illicit discharge that presents or
may present imminent and substantial danger.
Subd. 4. Violations deemed a public nuisance. In addition to the enforcement processes and
penalties provided in this Chapter, any condition caused or permitted to exist in violation
of any of the provision of this Chapter is a threat to public health, safety, and welfare, and
is declared and deemed a public 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 by the City.
Subd. 5. Assessments. All costs and expenses, including attorney and consultant fees, incurred
by the City in abating any public nuisance under this Chapter may be assessed against the
premises at which the violation exists as a special assessment or a charge under
- Minnesota Statutes, Municipal Code, or City Charter.
912.12: REMEDIES NOT EXCLUSIVE: The remedies listed in this Chapter are not
exclusive of any other remedies available under any applicable federal, state, or local law and it
is within the discretion of the City to seek cumulative remedies. The City may recover all
attorneys' fees, court costs, and other expenses associated with enforcement of this Chapter,
including sampling and monitoring expenses.
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SECTION 2. In accordance with Section 3.07 of the City Charter, City staff will have the
following summary printed in the official newspaper in lieu of the complete ordinance:
On February 27, 2012, the Mounds View City Council adopted Ordinance 868 that
creates a new chapter to Title 900 regulating illicit discharges and connections to the
municipal separate storm sewer system (MS4) in order to comply with requirements of
the National Pollutant Discharge Elimination System (NPDES) permit process. The
ordinance establishes methods to control the introduction of pollutants into the storm
drainage system, prohibits illicit discharges and connections to the system, and
establishes enforcement procedures necessary to ensure compliance with the chapter
regulations.
A printed copy of the ordinance is available for inspection during regular business hours
at the Mounds View City Hall and is available on-line at www.ci.mounds-view.mn.us.
SECTION 3. This ordinance shall take effect thirty(30) days after the date of its publication.
First reading and introduction by the Mounds View City Council on Februarv 13, 2012.
Second reading and adoption by the Mounds View City Council on February 27, 2012.
Published in the official City newspaper on March 8, 2012.
J Flaherty,
ATTEST: � �� ����^,
James Ericson, City Administrator
(SEAL)
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