2009-12-22_PWETC_Minutes - Laserfiche WebLink

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revisions; and inclusion of federal and state law references governing waste. Various sections of the revised ordinance were reviewed, and discussion included the draft ordinance's consistency as to form with other City ordinances; current rewrite of the entire zoning code with the stormwater chapter also undergoing revisions that will make it consistent with this proposed ordinance; and references to "The City" as the municipal organization itself. Other areas for reconsideration: • Page 1, A. Purpose Statement (Stenlund): Change "effects" to "caused" • Page 4, H. General Provisions: link #1's 1 and 6; change language to "leave, store or deposit discharge..." • Consider linking # 1 and #6 under Item #5 to address leakage? (Vanderwall) • Page 5, Section J, subsection 1 (Vanderwall); grammatical correction • Page 5, add #1 (iv.) and bring forward portions of #6 (i) (Felice) Further discussion included staff's ability to reasonably enforce the ordinance; definition of potential discharges for determination by a court of law; unsealed containers containing chemicals or other hazardous materials; timing of chlorine disposal based on dissipation and potential ambiguity of specific language for seven (7) days; adding language to page 5, Section 7 (ii) that materials shall be contained immediately and removed as soon as possible; and the intent of page 5, Section 7, subsection I. related to industrial or construction activity discharges and acceptable forms for review. Ms. Bloom noted that the intent of that section of the code was that anyone discharging for industrial activities would provide the Public Works Director with a copy of their permit; but that there was no intent to set up a separate review process for the City beyond that of the MPCA. Member Vanderwall suggested that language be changed to remove "form" and add "manner" to clarify that it was not about the documents available, but what actions satisfied the City to ensure them that you've met the requirements of your permit; about action, not the permit itself. Additional discussion related to Page 5, Section J and language revised by the City Attorney to the process and how staff is able to enforce the ordinance through a court order, based on a recent lawsuit in Little Canada during their I & I inspections, with a search warrant required if staff has probable cause and is denied access; with Section M suspending access to the storm sewer system still applicable based on recommendation of the City Attorney and in emergency situations until the City has made their determination. Page 3 of 7