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2009-11-24_PWETC_AgendaPacket
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2009-11-24_PWETC_AgendaPacket
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Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
11/24/2009
Commission/Committee - Meeting Type
Regular
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Roseville Public Works, Environment and <br />Transportation Commission <br />Agenda Item <br />Date: November 24, 2009 <br />Item No: 8 <br />Item Description: Proposed Storm Water Illicit Discharge and Connections Ordinance <br />Background: Our Storm Water Pollution Protection Plan (SWPPP) is required to include procedures to <br />detect and remove illicit discharges and improper disposal into the MS4 to the maximum extent practicable <br />within the City. Our current practice is two pronged. We inspect all of our storm sewer outfalIs for <br />evidence of illicit discharges and investigate reports of illicit discharges. During our investigations of <br />reported discharges, we have discovered that our existing ordinances are not always clear enough to <br />enforce in some situations. This ordinance is to address identified deficiencies within our existing <br />ordinances to ensure that they adequately address the requirements of our SWPPP. <br />Attached is the revised draft Stonn Water Illicit Discharge and Connections ordinance. This draft has <br />been substantially updated since our last meeting to incorporate comments from the City Attorney, <br />Commission and City Staff. No substantive modifications have been made since it was emailed to the <br />commission on Friday, November 13. <br />Ordinances are law, by prohibiting something in an ordinance we are making it "illegal". One of the <br />most important steps in drafting an ordinance is taking into consideration the enforceability of each <br />section of that ordinance. Since the enforcement of this ordinance falls to the Public Works Department, <br />staff has been discussing each individual section of the ordinance and asking critical questions about <br />enforceability and "maximum extent practicable". It is not effective governance to make something <br />illegal, and then be unable to enforce that law. Some of the sections/ topics that we would like to discuss <br />further are listed below: <br />° Section F1: Under what circumstances will something "become" a pollutant? <br />° Section H1: When is something a "potential" discharge? Is it a potential discharge if someone is <br />painting their garage, with open can of paint on the driveway? How about washing windows over <br />a patio? <br />° Section H2: If we make it illegal to wash personal vehicles and equipment on impervious <br />surfaces, can bhow do we enforce it? <br />° Section H4: If we make it illegal to wash down hard surfaces, how do we enforce it? <br />° Section H6(ii): Does this apply to someone simply changing oil in their driveway? Adding <br />washer fluid? <br />Recommended Action: <br />Discuss Illicit Discharge Ordinance and provide staff with feedback. <br />Attachments: <br />Draft Stornl Water Illicit Discharge and Connections Ordinance <br />
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