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HomeMy WebLinkAbout2015-233 (directing publication of an Ordinance by Title and Summary) 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 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 -2- 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. -3- 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 -4- 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 -5- 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 -6- 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. -7- 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 -8-