2019.02.04 CC Packet - Laserfiche WebLink

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D '7A 4. The District shall exercise its authority under its Rules in the following circumstances: a. With respect to all District rules other than Rules C, D, E and F; b. As to work by any public body that the City does not have the legal authority to regulate; c. If the work requires a variance from City water resource ordinances, unless the variance is from a standard stricter than the District standard and the proposal would meet the District standard, in which case the City will notify District regulatory staff but the District will not exercise its authority; d. If the City, in a specific case or programmatically, requests that the District exercise its regulatory jurisdiction; or e. As required for the District to meet its legal obligations under its NPDES municipal stormwater (MS4) permit or any other independent law. 5. The City need not issue a permit for its own work, but shall document its review demonstrating that the work conforms to its water resource ordinances. 6. The District retains approval authority with respect to a comprehensive stormwater management plan under Rule C.5(f). 7. In issuing a permit under its stormwater management or floodplain alteration ordinance, the City shall require the drainage system repair easement set forth at Rules C.10(b) and E.4(b), as amended, to be conveyed to the District, which easement shall be subject to prior District review and approval. 8. If the District revises its Rule C, D, E or F in a manner that it considers significant and so advises the City in writing, the City shall revise its own ordinance to maintain equivalent water resource protection. If the District has not approved the City's revision within six months or such other time as the parties may agree, the District may reassume regulatory jurisdiction with respect to the affected rule. 9. The District retains all authority that it may possess under Minnesota Statutes Chapters 103B, 103D and 103E and any other provision of law, except as explicitly reposed in the City under this Agreement. 10. The District will exercise its right under Minnesota Statutes Chapter 103B to resume regulatory jurisdiction if its Board of Managers finds that the City is not implementing its Local Plan. 3