2010-01-26_PWETC_AgendaPacket - Laserfiche WebLink

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1 cleanup of such release according to state and federal laws. 2 M. Suspension of Storm Sewer System Access 3 1. Suspension due to illicit discharges in emergency situation: The City may, without prior notice, suspend 4 MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened 5 discharge that presents or may present imminent and substantial danger to the environment, to the heath 6 or welfare of persons, to the storm sewer or waters of the state. If the violator fails to comply with a 7 suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or 8 minimize damage to the storm sewer system or the waters of the state, or to minimize danger to persons. 9 2. Suspension due to the detection of illicit discharge: All persons discharging to the MS4 in violation of this l 0 ordinance may have their access terminated if such termination serves to abate or reduce an illicit 11 discharge. It is a violation of this ordinance to reinstate access to premises that have been terminated 12 pursuant to this section without the prior approval of the City. 13 N. Enforcement 14 1. NOTICE OF VIOLATION: A violation of this ordinance is a Public Nuisance. When it has been 15 determined that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the 16 Public Works Director may order compliance by written notice of violation to the responsible person. 17 Such notice may require without limitation: 18 (i) The performance of monitoring, analysis, and reporting; 19 (ii) The elimination of illicit connections or discharges; 20 (iii) That violating discharges, practices, or operations shall cease and desist; 21 (iv) The abatement or remediation of storm water pollution or contamination hazards and the restoration of 22 any affected property; 23 (v) Payment of a fine to cover administrative and remediation costs; and 24 (vi) The implementation of source control or treatment BMPs; and 25 (vii) The development of a corrective action plan to prevent repeat discharges; and 26 (viii) Any other requirement deemed necessary. 27 I If abatement of a violation and/_or restoration of affected property is required, the notice shall set 28 forth a deadline within which such remediation or restoration must be completed. Said notice shall 29 further advise that, should the violator fail to remediate or restore within the established deadline, 30 the work will be done by a designated governmental agency or a contractor and the expense thereof 31 shall be charged to the violator. 32 2. APPEAL OF NOTICE OF VIOLATION: Any person receiving a Notice of Violation may appeal the 33 determination of the Public Works Director. The notice of appeal must be received within 7 days from the 34 date of the Notice of Violation. Hearing on the appeal before the City Manager or his/her designee shall 35 take place within 15 days from the date of receipt of the notice of appeal. The decision of the City 36 Manager or their designee shall be final. 37 3. ENFORCEMENT MEASURES AFTER APPEAL: If the violation has not been corrected pursuant to 38 the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 7 days of the 39 decision of the City Manager upholding the decision of the Public Works Director, then city 40 representatives shall enter upon the subject private property and are authorized to take any and all 41 measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, 42 owner, agent or person in possession of any premises to refuse to allow city representatives to enter upon 43 the premises for the purposes set forth above. 44 4. COST OF ABATEMENT OF THE VIOLATION: Within 15 days after abatement of the violation, the 45 owner of the property will be notified of the cost of abatement, including administrative costs. The 46 property owner may file a written protest objecting to the amount of the assessment within 7 days. If the 47 amount due is not paid within a timely manner as determined by the decision of the City Manager or by 48 the expiration of the time in which to file an appeal, the charges shall become a special assessment against 49 the property and shall constitute a lien on the property for the amount of the assessment pursuant to 50 Minnesota Statute § 429.101, Subd. 1(3). Page 6 of 7