2009-12-22_PWETC_Minutes - Laserfiche WebLink

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Further discussion included Page 4, Section 4 related to non-commercial washing of vehicles; bench handouts provided by Member Stenlund related to this issue and the number of potential identified pollutants coming from cars. Mr. Schwartz noted that staff perceived that this would be a difficult area to enforce and questioned the response and/or support of the City Council if staff suggested enforcing this for those individuals washing their cars. Member Felice, while recognizing the potential pollutants and importance of the issue, suggested educating people may be more effective than immediately penalizing them, allowing for a more phased approach to inform of the consequences of their actions and to avoid their rebelling if overly contentious. Mr. Schwartz concurred and noted that the intent of Item H, Section 2 was intended to be more advisory. Further discussion ensued regarding concerns of pollutants entering waterways; the need to allow staff language they could effectively enforce, while recognizing principles and execution of those principles; the need to educate versus issuing citations; and applicable groups within the community that could partner with the City to educate the public in how to properly wash a car to avoid pollutants entering the storm water system. Member Felice advocated that a group be found to show how to correctly wash vehicles, followed by an article in the newspaper to motivate others to follow suit; and have educational materials available for distribution at the car wash, as well as additional information and ongoing articles. Additional discussion included MPCA response versus local response and available resources, enforcement and roles of involved parties in enforcement and reporting; criminal actions for public nuisance violations based on legal lexicon and statutory references; and further consultation with the City Attorney on Page 7, Section 9 for remedies with the City working in concert with other agencies; and based on various thresholds. Further discussion related to Page 5, Section L on notification of spills and how to prevent recurring spills or repeat violations; and the addition of the statement "according to applicable state and federal laws, similar to page 7, Section 9; and addition of an additional subsection (vii) on page 6, Section N, Enforcement or a separate roman numeral that additional language to Section 6, Compensatory Action that would require violators to "develop and implement a corrective action plan for that activity" for review and approval by the Public Works Director. Page 4 of 7