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HomeMy WebLinkAbout5L, Motion to Approve Ordinance 2011-014 – Approval of the Stormwater Illicit Discharge & Connections Ordinance��- �R`EN HILLS i Request for Council Action � ..__�__._._.___-----___._�_- � --- --- --- - --- _ �.__.___- — Prepared By: Kristine Giga, Civil Engineer � Council Meeting Date: December 12, 2011 Ordinance 2011-014 - Approval of the Stormwater Illicit Discharge and Connections Ordinance Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: Approve Ordinance 2011-014, adopting Chapter 16, the Stormwater Illicit Discharge and Connections Ordinance, as presented in the December 12, 201 l, report to the City Council. Approve publication of a summary of Ordinance 2011-014. SupportinE Documents: 1. Memorandum from Kristine Giga, dated December 12, 2011. 2, Ordinance 2011-014, and Publication Summary. � EN HILLS MEMORANDUM DATE: December 12, 2011 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Kristine Giga, Civil Engineer SUBJECT: Illicit Discharge and Connections Ordinance BackgroundlDiscussion Since 2003, the City of Arden Hills has been required by Federal and State law to have a permit to operate as an MS4 (municipal separate storm sewer system) city. Under this federally mandated storm water program, MS4 cities are required to develop and implement a Storm Water Pollution Prevention Program (SWPPP). The SWPPP must cover six minimum control measures: ■ Public education and outreach; ■ Public participation/involvement; ■ Illicit discharge, detection and elimination; ■ Construction site runoff control; ■ Post-construction site runoff control; and ■ Pollution prevention/good housekeeping. The City has had to identify best management practices (BMPs) and measurable goals associated with each of these six minimum control measures. As required by the MS4 permit, the City submits an annual report to the Minnesota Pollution Control Agency (MPCA) on the implementation of the SWPPP each spring. As listed above, our SWPPP is required to include procedures to detect and remove illicit discharges and improper disposal into the MS4 to the maximum extent practicable within the City. We currently investigate reports of illicit discharges when observed by City staff or reported to the City by concerned citizens. The existing City Code includes language that prohibits illicit discharges and connections to the sanitary sewer system; however, to meet the requirements of the SWPPP, language must also be included to prohibit illicit discharges and connections to the storm sewer system. This proposed ordinance is to address identified deficiencies within our existing City Code to ensure City Council Meeting \�IVletro-inet.us\ardenhills�PR&PW�Engineering\Council Actions�2011\12-12-11Memo IDDEordinance.doc Page 1 of 2 that they adequately address the requirements of the SWPPP. Attached is the proposed Storm Water Illicit Discharge and Connections ordinance. Staff utilized a model ordinance developed by the Environmental Protection Agency, as well as ordinances developed by several neighboring communites (Roseville, Blaine, St. Anthony, Mounds View), to develop the ordinance. The City Attorney has reviewed the ordinance, and his comments and recommendations have been incorporated into the document. Council Action Requested Approve Ordinance 2011-014 to add Chapter 16, Stormwater Illicit Discharge and Connections and its Subdivisions to the City Code as presented in the December 12, 2011, report to the City Council. Approve publication of a summary of Ordinance 2011-014 as required by Minnesota State Statute 412.191 Subd. 4. City Council Meeting \�IVletro-inet.us\ardenhills�PR&PW�Engineering\Council Actions�2011\12-12-11Memo IDDEordinance.doc Page 2 of 2 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 2011-014 AN ORDINANCE REGARDING STORMWATER ILLICIT DISCHARGE AND CONNECTIONS WITHIN THE CITY OF ARDEN HILLS The Arden Hills City Council hereby adds Chapter 16 and its subdivisions to the Arden Hills City Code to read as follows: Chapter 16: Illicit Discharge and Connections Section 1600 — Purpose 1600.01 Purpose. The purpose of the ordinance is to promote, preserve and enhance the natural resources within the City and protect them from adverse effects caused by non-storm water discharge by regulating discharges that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land. This ordinance will provide for the health, safety, and general welfare of the citizens of the City 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 National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: 1. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any person. 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 and monitoring procedures necessary to ensure compliance with this ordinance. Section 1605 — Defmitions 1605.01 Definitions. For the purposes of this ordinance, the following terms have the meanings given them in this section: Subd.l Best Mana�ement 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 stormwater, receiving waters, or 1600-1 stormwater 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. Non-structural BMP: Practices that focus on preserving open space, protecting natural systems, and incorporating existing landscape features such as wetlands and stream corridors to manage storm water at its source. Other practices include clustering and concentrating development, minimizing disturbed areas, and reducing the size of impervious areas. B. Structural BMP: a physical device that is typically designed and constructed to trap or filter pollutants from runoff, or reduce runoff velocities. Subd.2 Citv. The City of Arden Hills. Subd.3 Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereta Subd.4 Construction Activitv. 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.S 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 Ille�al/Illicit Dischar�e. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this ordinance. Subd.7 Illicit Connection. An illicit connection is defined as either of the following: A. 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 wastewater, 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 the City; or, B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City. Subd.8 Industrial Activitv. Activities subject to NPDES Industrial Storm Water Permits as defined in 40 CFR, Section 122.26 (b)(14). 1600-2 Subd.9 Maximum Extent Practicable (MEP). A standard for water quality that applies to all MS4 operators regulated under the NPDES program. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop and implement their programs to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of pollutants. Subd10 MPCA. The Minnesota Pollution Control Agency. Subd.11 Municipal Se�arate Storm Sewer Svstem (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, 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. Subd.12 National Pollutant Dischar�e Elimination System PDES) Storm Water Discharge Permit. A permit issued by the Minnesota Pollution Control Agency (MPCA) 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.13 Non-Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water. Subd.14 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. Subd.15 Pollutant. Any substance which, when discharged has potential to or does any of the following: A. Interferes with state designated water uses; B. Obstructs or causes damage to waters of the state; C. Changes 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; D. Adds an unnatural surface film on the water; E. Adversely changes other chemical, biological, thermal, or physical condition, in any surface water or stream channel; F. Degrades the quality of groundwater; or G. Harms huxnan life, aquatic life, or terrestrial plant and wildlife; A Pollutant includes but is not limited to dredged soil, solid waste, incinerator residue, garbage, wastewater sludge, chemical waste, biological materials, radioactive materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance, 1600-3 pesticide; herbicide, trace metal, automotive fluid, petroleum-based substance, wastewater, and oxygen-demanding material. Subd.16 Pollute. To discharge pollutants into waters of the state. Subd.17 Pollution. The direct or indirect distribution of pollutants into waters of the state. Subd.18 Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Subd.19 Storm Sewer 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.20 Storm Water. Any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Subd.21 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 stormwater, stormwater conveyance systems, and/or receiving waters to the Maximum Extent Practicable. Subd.22 Surface Waters. All waters of the state other than ground waters, which include ponds, lakes, rivers, streams, wetlands, ditches, and public drainage systems except those designed and used to collect, convey, or dispose of sanitary sewage. Subd.23 Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility or the by-product of washing equipment or vehicles. Subd.24 Watercourse. A ditch, stream, creek, or other defined channel intended for the conveyance of water, runoff, groundwater discharge or similar hydraulic or hydrologic purpose. Subd.25 Waters of the state. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. 1600-4 Section 1610 — Applicability and Administration 1610.01 Applicability. This ordinance shall apply to all water entering the storm sewer system generated on any developed and undeveloped lands unless explicitly exempted by the City. 1610.02 Responsibility for Administration. The City and its authorized representatives are authorized to administer, implement, and enforce the provisions of this ordinance. Section 1615 — Compatibility with Other Regulations 1615.01 Compatibility. 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 1620 — Discharge Prohibitions 1620A1 Illegal Disposal and Dumping. Subd.l No person shall throw, deposit, place, leave, maintain, or keep any substance upon any street, alley, sidewalk, storm drain, inlet, catch basin, or other drainage structure, business place, or upon any public or private land, so that the same might be or become a pollutant, unless the substance is in containers, recycling bags, or any other lawfully established waste disposal device. Subd.2 No person shall intentionally dispose of grass, leaves, dirt, or landscape material into a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. 1620.02 Illegal/Illicit Discharges. Subd.l No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw; drain, or otherwise discharge into the municipal storm sewer system or surface water any materials, pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm sewer system is prohibited except as described as follows: A. The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), sump pumps, crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland 1600-5 flows, dechlorinated swimming pools, and any other water source not containing pollutants. B. Discharges or flow from fire fighting, or other activities deemed necessary by the City to protect public health and safety. C. Consists of dye testing discharge, as long as a verbal notification is made to the City Public Works Director prior to the time of the test. D. Consists of non-storm water discharge permitted under a NPDES permit, waiver, or waste discharge order issued and administered under the authority of the Minnesota Pollution Control Agency (MPCA). 1620.03 Illicit Connections. Subd.l No person shall use any illicit connection to intentionally convey non-storm water to the City's storm sewer system. Subd.2 The construction, use, maintenance or continued existence of illicit connections to the storm sewer system is prohibited. 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. Subd.3 A person is considered to be in violation of this ordinance if the person connects a line conveying wastewater to the storm sewer system, or allows such a connection to continue. Subd.4 Improper connections in violation of this division must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City. Subd.S 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 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. Section 1625 — Industrial or Construction Activity Discharges 1625.01 Industrial or Construction Activity Discharges. 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 discharges to the MS4. Any person responsible for a property or premise, who is, or may be, the source of an illicit discharge, may be required to implement, at 1600-6 said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the storm sewer system. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. Section 1630 — Access to Facilities 1630.01 Access to Facilities. Subd.l When the City has determined that there is a danger to the health, safety or welfare of the public, City representatives 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. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to City representatives. Subd.2 Unreasonable delays in allowing the City access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. Subd.3 The City may seek issuance of a search warrant for the following reasons: A. If city representatives are refused access to any part of the premises from which storm water is discharged, and there is probable cause to believe that there may be a violation of this ordinance; or B. there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder; or C. to protect the overall public health, safety, and welfare of the community. Section 1635 Watercourse Protection 1635.01 Watercourse Protection. Every person, or such person's lessee, owning property through which a watercourse passes or is directly adjacent to a watercourse, shall keep and maintain that part of the watercourse free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or 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. Section 1640 Notification of Spills 1640.01 Notification of Spills. 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 sewer 1600-7 system, or water of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release according to state and federal laws. Section 1645 — Suspension of MS4 Access 1645.01 Suspension due to Illicit Discharges in Emergency Situations. The City may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environxnent, or to the health or welfare of persons, or to the MS4 or Waters of the United States. 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 MS4 or Waters of the United States, or to minimize danger to persons. 1645.02 Suspension due to the Detection of Illicit Discharge. 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. The City will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the City. Section 1650 Enforcement 1650.01 Notice of Violation. A violation of this ordinance is a Public Nuisance. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, 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 illicit 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; and E. Payment of a fine to cover administrative and remediation costs; and F. The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is 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. 1650.02 Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the City. The notice of appeal must be received within 7 days from the date 1600-8 of the Notice of Violation. Hearing on the appeal before the City Administrator or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. 1650.03 Enforcement Measures After Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 7 days of the decision of the City Administrator upholding the decision of the City, then representatives of the City shall enter upon the subject private property and are authorized to take any and all measures necessary to.abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. 1650.04 Cost of Abatement of the Violation. Within 15 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 7 days. If the amount due is not paid within a timely ma�uier as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien upon the property, and the City shall have the right to assess such cost against the property owned by such violator(s) pursuant to Minnesota Statute § 429.101. 1650.05 Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. If a person has violated or continues to violate the provisions of this ordinance, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 1650.06 Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this ordinance, the City may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. 1650.07 Criminal Prosecution. A violation of this ordinance is a misdemeanor. 1650.08 Costs and Expenses. The City may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. 1650.09 Remedies Not Exclusive. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. 1600-9 Effective Date. publication. Adoption Date David Grant, Mayor ATTEST: This ordinance will take effect and be in force after its passage and official Passed by the Arden Hills City Council this 12th day of December, 2011. Patrick Klaers, City Administrator 1600-10 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2011-014 On the 12th day of December, 201 l, the Arden Hills City Council adopted Ordinance No. 2011-014, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2011-014 be published. Chapter 16 and its Subdivisions are collectively known as Ordinance 2011-014, entitled "Illicit Discharge and Connections Ordinance". The primary purpose of the amendment is to add regulations relating to storm water illicit discharges and connections to the City Code. The amended regulations will go into effect on December 22, 201 l. A full copy of Ordinance 2011-014 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112.