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Memorandum To: Hugo Planning Commission From: Rachel Juba, Community Development Director Date: January 5, 2023, for the Planning Commission Meeting of January 12, 2023 Re: Public Hearing – MS4 Ordinances 1.BACKGROUND: In reviewing the city’s Municipal Separate Stormwater Sewer System (MS4) General Permit, staff has found the need to pass two ordinances to comply with permit requirements. An MS4 is defined as a system designed or used for the collection or conveyance of stormwater that is owned or operated by a public entity, is not a combined sewer, and is not part of a publically owner treatment works. MS4 systems must satisfy general permit requirements if they meet certain population criteria. Hugo’s MS4 must follow general permit requirements since the city has over 10,000 residents. The MS4 general permit is designed to reduce the amount of sediment and pollutants entering state waters from stormwater systems. The Minnesota Pollution Control Agency (MPCA) issued its most recent MS4 permit in 2020 which mandates new requirements. For these reasons, staff is proposing City Code amendments to comply with the 2020 MS4 general permit requirements. 2.OVERVIEW OF CITY CODE REVISIONS: Removal and disposal of dog waste According to section 18.5 of the MS4 General Permit, permit holders must require pet owners to remove and properly dispose their pet’s feces if said excrement is on the permittee’s owned land areas. Pet waste left uncontrolled can pollute stormwater systems with pathogenic bacteria and other parasites that are harmful to local ecosystems. Most of the proposed amendments pertain to section 10-38 (Sanitation) of the City Code. Three major additions are proposed. First, animal owners would be required to immediately remove and dispose of their animal’s waste in a sanitary manner on public and private property. Second, animal owners would be required to dispose of their animal’s waste through bagging, flushing and burial, and prohibits disposal in storm drains and composts. Third, violators could be fined up to $300 unless their animal is exempt from penalty. These provisions are intended to decrease pollution by reducing the amount of animal waste within the city’s limits. Minor changes are proposed for sections 10-1 (Definitions) and 10-39 (Penalty). For section 10- 1, terms from section 10-38 were added to improve clarity. For section 10-39, section 10-38 was added to list violations of that section as petty misdemeanors. D.1