HomeMy WebLinkAbout1084 Ord (Comply with Current Requirements of the Municipal Separate Storm Sewer System (MS4) General Permit) ORDINANCE 1084
AN ORDINANCE AMENDING THE
STILLWATER CITY CODE TO COMPLY WITH
CURRENT REQUIREMENTS OF THE MUNICIPAL
SEPARATE STORM SEWER SYSTEM (MS4) GENERAL PERMIT
The City Council of the City of Stillwater does ordain:
1. AMENDING. Section 29-5 — Prohibting deposit of Stormwater in Sewer System is
amended by addition Sec. 29-5 Subd. 1, (1)(2) and(3)that will hereafter read as follows:
"(1) The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited
(2) This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection
(3) A person is considered to be in violation of this ordinance if the person
connects a line conveying sewage to the Municipal Separate Storm Sewer
System(MS4), or allows such a connection to continue."
and by adding Section 29-5 Subd. 7, 8, 9, 10, and 11 that will hereafter read as follows:
"Subd. 7. Administrative search warrant. If the enforcement officer has been
refused access to any part of the premises from which the nuisance is occurring,
and the enforcement officer is able to demonstrate probable cause to believe that
there may be a violation of this section, or that there is a need to inspect, test,
examine or sample as part of a routine program designed to verify compliance
with this section or any order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the city may seek issuance of an
administrative search warrant from any court of competent jurisdiction.
Subd. 8. Notice of Violation. If an enforcement officer finds that a person
violated a prohibition or failed to meet a requirement of this section, the city may
order compliance by written notice of violation to the responsible person. Such
notice may require without limitation:
(1) The performance of monitoring, analysis, and reporting;
(2) The elimination of illicit connections or illegal discharges;
(3) The violating discharges, practices, or operations must cease and
desist;
(4) The abatement or remediation of stormwater pollution or
contamination hazards and the restoration of any affected
premises;
(5) Payment of a fine to cover administrative and remediation costs;
and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by a
designated governmental agency or a contractor and the expense thereof shall
be charged to the violator.
Subd. 9. Appeal of notice of violation. Any person receiving a Notice of
Violation may appeal the determination of the authorized enforcement agency.
The notice of appeal must be received within 10 days from the date of the Notice
of Violation. Hearing on the appeal before the appropriate authority or his/her
designee shall take place within 30 days from the date of receipt of the notice of
appeal. The decision of the municipal authority or their designee shall be final.
Subd. 10. Enforcement measures after appeal. If the violation has not been
corrected pursuant to the requirements set forth in the Notice of Violation, or,
in the event of an appeal, within 30 days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon the subject
private property and are authorized to take any and all measures necessary to
abate the violation and/or restore the property. It shall be unlawful for any
person, owner, agent or person in possession of any premises to refuse to allow
the government agency or designated contractor to enter upon the premises for
the purposes set forth above.
Subd. 11. Cost of abatement of the violation. Within 30 days after abatement
of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days. If the amount
due is not paid within a timely manner as determined by the decision of the
municipal authority or by the expiration of the time in which to file an appeal, the
charges shall become a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment."
2. AMENDING. Chapter 38 NUISANCES is amended by adding the following definition
to Sec. 38-1, Subd. 1 (inserted alphabetically):
"Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or
indirectly to stormwater, receiving waters, or stormwater conveyance systems that
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are identified and adopted by the city. BMPs also include treatment practices,
operating procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
Illicit discharge means any direct or indirect non-stormwater discharge to
the storm drain system, except exempted in Subd. 2 of this ordinance.
Illicit connection means any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm drain system
including, but not limited to, any conveyances which allow any non-storm water
discharge including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by the city; or, any drain or
conveyance connected from a commercial or industrial land use to the storm drain
system which has not been documented in plans, maps, or equivalent records and
approved by the city.
Industrial Activity means any activities subject to NPDES Industrial
Permits as defined in 40 CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES) Stormwater
Discharge Permit means a permit issued by the Minnesota Pollution Control
Agency that authorizes the discharge of pollutants to waters of the state, whether
the permit is applicable on an individual, group, or general area-wide basis.
Non-stormwater discharge means any discharge to the storm drain system
that is not composed entirely of stormwater.
Pollutant means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil
and other automotive fluids; non-hazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to pollution;
floatables;pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Storm drain system means publicly-owned facilities by which stormwater
is collected or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and human-made or altered
drainage channels, reservoirs, and other drainage structures.
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Stormwater means any surface flow, runoff, and drainage consisting
entirely of water from any form of natural precipitation, and resulting from such
precipitation.
Wastewater means any water or other liquid, other than uncontaminated
storm water, discharged from a facility."
and, by adding to Sec. 38-1 Subd. 2, a new kk, and kk 1., 2., 3., and 4. to read as follows:
"kk.The discharging of any nonstormwater to the city stormwater system
discharge to street or storm drain system may occur. . The commencement,
conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions
established by this ordinance: water line flushing, landscape irrigation,
diverted stream flows, rising ground waters, uncontaminated ground
water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming
pool discharges, and street wash water;
2. Discharges or flow from firefighting, and other discharges authorized
by the city in writing that are necessary to protect public health and
safety;
3. Discharges associated with dye testing, however this activity requires
verbal notification to the city prior to the time of the test;
4. (l)The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
federal Environmental Protection Agency, provided that the discharger
is in full compliance with all requirements of the permit, waiver, or
order and other applicable laws and regulations, and further provided
that written approval has been granted for any discharges to the storm
drain system."
and, by adding to Section 38-2, a new Subd. 3, Sub 4, Sub 5, Sub 6, Sub 7, renumbering Subs. 3
through 11, a new Subd. 12, Subd. 13, Subd. 14, Subd. 15, Subd. 16, renumbering Subd. 10
through 20, a new Subd. 21, 22, 23, 24, 25, 26, and renumber Subd. 11 through 28.
"Subd. 3. Suspension due to illicit discharge in emergency situations. The
city may, without prior notice, suspend MS4 discharge access to a person when
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such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or to
the health or welfare of persons, or to the MS4 or Waters of the United States. If
the violator fails to comply with a suspension order issued in an emergency, the
authorized enforcement agency may take such steps as deemed necessary to
prevent or minimize damage to the MS4 or Waters of the United States, or to
minimize danger to persons.
Subd. 4. Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this ordinance may have their MS4
access terminated if such termination would abate or reduce an illicit discharge.
The authorized enforcement agency will notify a violator of the proposed
termination of its MS4 access. The violator may petition the authorized
enforcement agency for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section, without the prior approval of the authorized
enforcement agency.
Subd. 5. Industrial or construction activity discharges. Any person subject
to an industrial or construction activity NPDES storm water discharge permit
shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the city prior to the allowing of
discharges to the MS4.
Subd. 6. Watercourse protection. Every person owning or occupying
premises through which a watercourse passes, shall keep and maintain that part of
the watercourse within the premises free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly retard the
flow of water through the watercourse. In addition, the owner or occupant shall
maintain existing privately owned structures within or adjacent to a watercourse
so that such structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
Subd. 7. Notification of spills. Notwithstanding other requirements of law,
as soon as any person responsible for a facility or operation or responsible for
emergency response for a facility or operation has information of any known or
suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into stormwater, the storm drain system, or
waters of the state, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event of such a release
of hazardous materials, said person must immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of a
release of nonhazardous materials, said person shall notify the city no later than
the next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the city within three business days of the
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personal or phone notice. If the discharge of prohibited materials originates from
an industrial establishment, the owner or operator of such establishment shall also
retain an on-site written record of the discharge and the actions taken to prevent
its recurrence. Such records must be retained for at least three years.
Subd. 12. Administrative search warrant. If the enforcement officer has been
refused access to any part of the premises from which the nuisance is occurring,
and the enforcement officer is able to demonstrate probable cause to believe that
there may be a violation of this section, or that there is a need to inspect, test,
examine or sample as part of a routine program designed to verify compliance
with this section or any order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the city may seek issuance of an
administrative search warrant from any court of competent jurisdiction.
Subd. 13. Notice of Violation. If an enforcement officer finds that a person
violated a prohibition or failed to meet a requirement of this section, the city may
order compliance by written notice of violation to the responsible person. Such
notice may require without limitation:
(1) The performance of monitoring, analysis, and reporting;
(2) The elimination of illicit connections or illegal discharges;
(3) The violating discharges,practices, or operations must cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected premises;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by a
designated governmental agency or a contractor and the expense thereof shall be
charged to the violator.
Subd. 14. Appeal of notice of violation. Any person receiving a Notice of
Violation may appeal the determination of the authorized enforcement agency.
The notice of appeal must be received within 10 days from the date of the Notice
of Violation. Hearing on the appeal before the appropriate authority or his/her
designee shall take place within 30 days from the date of receipt of the notice of
appeal. The decision of the municipal authority or their designee shall be final.
Subd. 15. Enforcement measures after appeal. If the violation has not been
corrected pursuant to the requirements set forth in the Notice of Violation, or,
in the event of an appeal, within 30 days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon the subject
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private property and are authorized to take any and all measures necessary to
abate the violation and/or restore the property. It shall be unlawful for any
person, owner, agent or person in possession of any premises to refuse to allow
the government agency or designated contractor to enter upon the premises for
the purposes set forth above.
Subd. 16. Compliance monitoring. The owner or party responsible shall
allow the city ready access to all parts of the premises for the purposes of
inspection, sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the performance
of any additional duties as defined by state and federal law. Any temporary or
permanent obstruction to safe and easy access to the area to be inspected or
sampled shall be promptly removed by the discharger at the request of the city
and shall not be replaced.
The city may require the discharger to install monitoring equipment or other such
devices as are necessary in the opinion of the city to conduct monitoring or
sampling of the premises stormwater discharge. The monitoring equipment must
be maintained by the discharger in a safe and proper operating condition at all
times. All devices used to measure stormwater flow and quality must be
calibrated to ensure their accuracy.
Subd. 21. Cost of abatement of the violation. Within 30 days after abatement
of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days. If the amount
due is not paid within a timely manner as determined by the decision of the
municipal authority or by the expiration of the time in which to file an appeal, the
charges shall become a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment.
Subd. 22. Injunctive relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this Ordinance.
If a person has violated or continues to violate the provisions of this ordinance,
the authorized enforcement agency may petition for a preliminary or permanent
injunction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation of the
violation.
Subd. 23. Compensatory action. In lieu of enforcement proceedings,
penalties, and remedies authorized by this Ordinance, the authorized
enforcement agency may impose upon a violator alternative compensatory
action, such as storm drain stenciling, attendance at compliance workshops, creek
cleanup, etc.
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Subd. 24. Violations deemed a public nuisance. In addition to the
enforcement processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this Ordinance is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance, and
may be summarily abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such nuisance may
be taken.
Subd. 25. Criminal prosecution. Any person that has violated or continues
to violate this ordinance shall be liable to criminal prosecution to the fullest
extent of the law, and shall be subject to a criminal penalty of a misdemeanor.
The authorized enforcement agency may recover all attorneys' fees court costs and
other expenses associated with enforcement of this ordinance, including sampling
and monitoring expenses.
Subd. 26. Remedies not exclusive. The remedies listed in this ordinance are
not exclusive of any other remedies available under any applicable federal, state
or local law and it is within the discretion of the authorized enforcement agency
to seek cumulative remedies.'"
Enacted by the City Council of Stillwater this 15th day of December, 2015.
Te. • oz owski, Mayor
ATTEST:
/6-106‘6 Q.1- &rake,
Diane F. Ward, City Clerk
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AFFIDAVIT OF PUBLICATION City of Stillwater
STATE OF MINNESOTA (Official Publication)
COUNTY OF WASHINGTON ss RESOLUTION 2015-233
CITY OF STILLWATER
Charlene Vold being duly sworn on an oath, WASHINGTON COUNTY,MINNESOTA
states or affirms that he/she is the Publisher's A RESOLUTION OF THE STILLWATER CITY COUNCIL DIRECTING
Designated Agent of the newspaper(s)known THE PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY
as: WHEREAS,The Stillwater City Charter at Section 5.03 Subd.F authorized
the City Council by 4/5's vote of its members to direct the publication of
Stillwater Gazette length ordinance by title and summary if the summary clearly informs the
public of the intent and effect of the ordinance.
with the known office of issue being located NOW,THEREFORE,BE IT RESOLVED AS FOLLOWS:
in the county of: 1.The title of the ordinance to be published is as follows:
WASHINGTON AN ORDINANCE AMENDING THE STILLWATER CITY CODE TO
with additional circulation in the counties of: COMPLY WITH CURRENT REQUIREMENTS OF THE MUNICIPAL
WASHINGTON SEPARATE STORM SEWER SYSTEM(MS4)GENERAL PERMIT
and has full knowledge of the facts stated 2.A summary of the ordinance is as follows:
below: a.Incorporates clear definitions for illicit discharge,illicit connections,and
(A)The newspaper has complied with all of non-stormwater discharge,etc.
the requirements constituting qualifica- b.Outlines exemptions to the illicit discharge prohibition
c.Describes authority for the City Access facilities for illicit discharge in-
tion as a qualified newspaper as provided
spections and to sample illicit discharges
by Minn. Stat.§331A.02. d.Describes authority for the City to conduct enforcement to stop an illicit
(B)This Public Notice was printed and pub- discharge and require corrective actions
lished in said newspaper(s) once each 3.A complete printed copy of the ordinance is available for inspection by
week, for 1 successive week(s); the first any person during the regular office hours at the office of the City Clerk,
insertion being on 12/18/2015 and the last City Hall,216 North Fourth Street.
insertion being on 12/18/2015. 4. A copy of the entire text of the ordinance must be made available in the
Stillwater Public Library.
MORTGAGE FORECLOSURE NOTICES Enacted by the City Council of the City of Stillwater,Minnesota this 15th
Pursuant to Minnesota Stat. §580.033 day of December,2015.
relating to the publication of mortgage CITY OF STILLWATER
foreclosure notices: The newspaper complies /s/Ted Kozlowski
with the conditions described in §580.033, Ted Kozlowski,Mayor
subd. 1, clause (1) or(2). If the newspaper's ATTEST:
known office of issue is located in a county /s/Diane E Ward
adjoining the county where the mortgaged Diane F.Ward,City Clerk
premises or some part of the mortgaged 12/18/15,3SG,Resolution 2015-233,489389
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
Lt(2.1
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/18/2015 by Charlene Vold.
C i¢.Q(1L
Notary Public
!.n.--',71., MARLENE M. MITCHELL
,
Notary Public-Minnesota
c r '5, My Commission Expires Jan 31,2020
a
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$40.00 per column inch
Ad ID 489389
RESOLUTION NO. 2015-233
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION OF THE STILLWATER CITY COUNCIL DIRECTING THE
PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY
WHEREAS, The Stillwater City Charter at Section 5.03 Subd. F authorized the City Council
by 4/5's vote of its members to direct the publication of length ordinance by title and summary if the
summary clearly informs the public of the intent and effect of the ordinance.
NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The title of the ordinance to be published is as follows:
AN ORDINANCE AMENDING THE
STILLWATER CITY CODE TO COMPLY WITH CURRENT
REQUIREMENTS OF THE MUNICIPAL SEPARATE STORM
SEWER SYSTEM(MS4) GENERAL PERMIT
2. A summary of the ordinance is as follows:
a. Incorporates clear definitions for illicit discharge, illicit connections, and non-storm water
discharge, etc.
b. Outlines exemptions to the illicit discharge prohibition
c. Describes authority for the City Access facilities for illicit discharge inspections and to
sample illicit discharges
d. Describes authority for the City to conduct enforcement to stop an illicit discharge and
require corrective actions
3. A complete printed copy of the ordinance is available for inspection by any person during the
regular office hours at the office of the City Clerk, City Hall, 216 North Fourth Street.
4. A copy of the entire text of the ordinance must be made available in the Stillwater Public
Library.
Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of December, 2015.
CITY OF STILLWATER
"Z-e,t62
ATTEST: Ted Kozlowski, Mayor
4)irre:/te_
Diane F. Ward, City Clerk