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Regular City Council Meeting Monday, January 25, 2010 Page 16 the City's nuisance ordinance, which did not meet the requirements of the SWPPP. Ms. Bloom advised that, based on a model ordinance from the MPCA, the City's Public Works, Environment and Transportation (PWET) Advisory Commission had systematically reviewed and revised the proposed ordinance, recommending that the City Council move forward with it, and that it was similar to ordinances in surrounding communities, providing extensive definitions and allowing for rea- sonable enforcement applicable to anything entering the City's storm sewer sys- tem, with the Public Works Department administering the regulations to the maximum extent practicable. Ms. Bloom reviewed the ordinance by section and general provisions for private properties to comply with watercourse protection and notification of spills; access to facilities by inspection staff to trace illicit discharges based on Fourth Amend- ment provisions based on recent case law; and in emergency situations, allowing staff to disconnect a suspected violator from the City's storm sewer system to pro- tect the overall City. Discussion among Ms. Bloom, Public Works Director Duane Schwartz, and Councilmembers included access points on public rights-of--way; layout of model language with exemptions listed before general provisions based on the model or- dinance; personal washing versus commercial washing of vehicles and how to ad- dress group fundraisers by an education campaign; and options to educate groups to redirect runoff to a pervious surface or to contain the area to address the larger concentration of soap and water from a group car wash. Councilmember Ihlan noted that non-commercial is an exempt discharge; how- ever, noted that in Section H2, there appeared to be some inconsistencies or am- biguities; and specifically noted the "shall" language and suggested that language should be "encouraged" or advisory instead. Councilmember Ihlan also ad- dressed Section H.4 related to removal of pollutants from impervious surfaces and how health or safety purposes could come. into play. Ms. Bloom provided an example of compost on a driveway, with 2/3 used and the remaining 1/3 needing to be disposed of. Ms. Bloom advised that hosing the ma- terial into the storm system was to be avoided, but is they had swept up and re- moved the material to the most reasonable or maximum extent practicable, that was the intent of that section. Mayor Klausing suggested that individual Council comments be provided to staff via a-mail for further consideration and discussion at a future meeting. Councilmember Ihlan sought how the ordinance would apply to a vehicle parked on a City street leaking oil.