ORD 421 Stormwater MgmtCity of Mendota Heights
Dakota County, Minnesota
ORDINANCE NO. 421
AN ORDINANCE AMENDING TITLE 11 OF THE MENDOTA HEIGHTS CITY
CODE TO INCLUDE CHAPTER 6, STORMWATER MANAGEMENT, ILLICIT
DISCHARGE DETECTION AND ELIMINATION, SOIL EROSION AND
SEDIMENTATION
The City Council of the City of Mendota Heights ordains as follows:
SECTION 1. Title 11 of the Mendota Heights City Code is hereby amended to add a
new Chapter as follows:
CHAPTER 6: STORMWATER MANAGEMENT, ILLICIT DISCHARGE
DETECTION AND ELIMINATION, SOIL EROSION, AND SEDIMENTATION
11 -6 -1 Purpose.
The purpose of this ordinance is to provide for the health, safety and general welfare of
the residents of Mendota Heights by reducing and controlling stormwater, soil erosion
and sedimentation within the City of Mendota Heights. It establishes standards and
specifications for conservation practices and planning activities which enhance water
quality, minimize stormwater pollution, soil erosion, and sediment in waterways, and
control the volume of water runoff to receiving streams and other water resources.
This Ordinance requires that all land disturbance activities, whether requiring a permit under this
Ordinance or otherwise, shall not result in nuisance conditions or threaten public safety, health
and welfare.
11 -6 -2 Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in the section, except where the context clearly indicates a
different meaning:
A. Authorized Enforcement Agency means employees or designees of the City of
Mendota Heights or other governing authorities designated to enforce this ordinance.
B. 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. 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.
C. City refers to the City of Mendota Heights, Minnesota, and any of its employees,
agents, contractors or designees.
D. Clean Water Act refers to the Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), and any subsequent amendments thereto.
E. Discharge means any substance entering the stormwater system by any means.
F. Discharge, Illicit means any direct or indirect non - stormwater discharge to the
stormwater system, except as exempted in Section 11 -6 -6 subsection C.2.a and C.2.b of
this ordinance.
G. Discharge, Non- Stormwater° means any discharge to the stormwater system that is
not composed entirely of stormwater.
H. Erosion means any process that wears away the surface of the land by the action
of water, wind, ice or gravity. Erosion can be accelerated by the activities of people or
nature.
I. Erosion Prevention refers to methods employed to prevent erosion. Examples
include, but are not limited to: soil stabilization practices, horizontal slope grading,
limited grading, temporary or permanent cover, and construction phasing.
J. Final Stabilization means:
1) All soil disturbing activities at the site have been completed and a uniform
(e.g., evenly distributed, without large bare areas) perennial vegetative cover
with a density of 70 percent of the native background vegetative cover for the
area has been established on all unpaved areas and areas not covered by
permanent structures, or equivalent permanent stabilization measures have
been employed;
2) For individual lots in residential construction by the Contractor, the
Contractor must either: (A) complete Final Stabilization as specified above, or
(B) establish temporary stabilization including perimeter controls for an
individual lot prior to occupation of the structure. If the Contractor chooses
(B), it must inform the Owner in writing of the need for, and benefits of, Final
Stabilization;
3) For construction projects on land used for agricultural purposes, Final
Stabilization may be accomplished by returning the disturbed land to its
preconstruction agricultural use. Areas disturbed that were not previously used
for agricultural activities, such as buffer strips immediately adjacent to
Surface Waters and drainage systems and areas which are not being returned
to their preconstruction agricultural use must meet the Final Stabilization
criteria in subparts (1) or (2) above;
4) The Contractor must clean out all Sediment from conveyances and from
temporary sedimentation basins that are to be used as permanent water quality
management basins. Sediment must be stabilized to prevent it from washing
back into the basin, conveyances or drainage ways discharging off -site or to
surface waters. The cleanout of permanent basins in-List be sufficient to return
the basin to design capacity. All drainage ditches constructed to drain water
from the site after construction is complete must be Stabilized to preclude
Erosion; and
5) All temporary synthetic and structural Erosion Prevention and Sediment
Control BMPs must be removed as part of the Final Stabilization on the site.
K. Hazardous Materials means any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics, may cause or significantly contribute to a substantial present
or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of or otherwise managed.
L. Illicit Connections means either:
1) Any drainage, whether on the surface or subsurface, which allows an illicit
discharge to enter the stormwater system, including but not limited to any
conveyances which allow any non- storinwater discharge including
wastewater, process wastewater, and wash water to enter the stormwater
system and any connections to the stormwater system from indoor drains,
floor drains, wash basins, or sinks, regardless of whether said drain or
connection had been previously allowed, permitted, or approved by an
authorized enforcement agency; or,
2) Any drainage connected from a commercial or industrial land use to the
stormwater system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agent.
M. Industrial Activity means activities subject to NPDES Industrial Permits as
defined in 40 CFR, Section 122.26 (b)(14).
N. Land Disturbing Activity means any activity which changes the volume or peak
flow discharge rate of stormwater runoff from the land surface, including the grading,
digging, cutting, scraping, or excavating of soil, placement of fill materials, paving,
construction, substantial removal of vegetation or any activity which bares soil or rock, or
involves the diversion or piping of any natural or man-made watercourse.
O. Land Disturbance Guidance Document means the City's guidance document,
which defines the technical Erosion Control, Sediment Control and Stormwater
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Management guidelines required to be met when submitting the Stormwater Pollution
Prevention Plan.
P. NPDES means National Pollutant Discharge Elimination System as established
pursuant to 33 USC § 1342(b) to regulate discharges of pollutants to waters of the United
States.
Q. NPDES Permit means a National Pollutant Discharge Elimination System
stornwater discharge permit issued by the Minnesota Pollution Control Agency (pursuant
to 33 USC § 1342(b)) that regulates discharges of pollutants to waters of the United
States, whether the permit is issued to an individual, group, or general area -wide basis.
R. Non -Point Source Pollution means pollution from any source other than any
discernable, confined or discreet conveyances, and shall include but not be limited to
pollutants from agricultural, silvicultural, mining, construction including grading,
subsurface disposal and urban runoff sources.
S. Nuisance Condition Any condition resulting in or likely to result in any damages,
degraded water quality, increased erosion, unstable conditions, flooding, lack of
easement, lack of capacity, disrepair and all threats to public health, safety and welfare.
T. Permanent Stabilization Plan means a plan to establish permanent vegetation to
prevent erosion of soil as defined under Final Stabilization. Permanent vegetation
includes sod, native grasses, trees or other acceptable forms of landscaping.
U. Person means any individual, association, organization, partnership, firm,
corporation or other private or public entity recognized by law and acting as either the
owner or as the owner's agent.
V. 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 liquids and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordinances /munitions, and accumulations
of these materials, so that saine may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal
colifonm 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.
W. Premises means any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
X. Sediment means solid matter carried by water, wastewater or other liquids that has
come to rest on the earth's surface either above or below the water level.
Y. Sediment Control means methods employed to prevent sediment from leaving the
site. Sediment control practices include, but are not limited to: silt fences, sediment traps,
earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm
drain inlet protection and temporary or permanent sediment basins.
Z. Stormwater means any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, snowmelt and /or discharges fiom surface
dewatering activities.
AA. Stormwater Facility means anything within the stormwater system that collects,
conveys or stores stormwater, including, but not limited to: any inlets, piped storm
drains, pumping facilities, retention and detention basins, natural and human-made or
altered drainage channels, reservoirs, and other drainage structures.
BB. Stormwater Management means the use of structural or non - structural practices
that are designed to prevent nuisance conditions or reduce stormwater runoff pollutant
loads, discharge volumes, peak flow discharge rates and detrimental changes that affect
water quality and habitat.
CC. Stormwater Pollution Prevention Plan means a plan submitted by the applicant
that includes Erosion Prevention Measures, Sediment Control Measures, Pollution
Prevention Measures and Stormwater Management measures. The plan shall contain a
narrative, plan sheets and appropriate details that describe how the Erosion Prevention
measures, Sediment Control measures, Pollution Prevention measures and Stormwater
Management measures will be implemented. The plan shall also indicate whether
stormwater will be managed on -site or off -site and, if on -site, the general location and
type of management practices. This final plan must be signed by a licensed professional
engineer (P.E.) of the State of Minnesota, who will verify that the design of all
stormwater management practices meets the submittal requirements of the City of
Mendota Heights Land Disturbance Guidance Document.
DD. Stormwater System means facilities by which stormwater is collected and /or
conveyed, including, but not limited to: any roads with drainage systems, streets, gutters,
curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, watercourses and other
drainage structures.
EE. Structure means anything manufactured, constructed or erected, which is
normally attached to, or positioned on, land including portable structures, earthen
structures, roads, parking lots and paved storage areas.
FF. SWMP means the City's Surface Water Management Plan.
GG. Watercourse means a stream or body of water, or a natural or artificial channel for
the passage of stormwater.
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HH. Wastewater means any water or other liquid, other than uncontaminated
stonmwater, discharged from a constructed facility.
II. Waters of the U S means any Federally regulated water in the United States per
definition as specified by 33 CFR 328.a.
JJ. Wetlands as defined in Minnesota Rules 7050.0130, subpart F, means areas that
are inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
11 -6 -3 Responsibility for Administration.
The City shall administer, implement, and enforce the provisions of this ordinance.
11 -6 -4 Applicability.
This ordinance shall apply to all land disturbing activities and water entering a
stonnwater system or watercourse generated on any developed and undeveloped lands
unless explicitly exempted by this ordinance.
11 -6 -5 Severability.
The provisions of this ordinance are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this Ordinance or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the
other provisions or application of this Ordinance.
11 -6 -6 Construction Site Stormwater Runoff and Erosion Control.
A. Purpose. The purpose of this section is to establish regulation of land disturbing
activities, preservation and enhancement of the natural environment by reducing
sedimentation in streams, lakes, stormwater systems and other waterways, protection of
the quality of surface water resources, preserve and protection of wildlife habitat, restore
sites to reduce the negative environmental effects of land disturbing activities, provide
effective practices for erosion and sedimentation control, and to comply with local, state
and federal regulations.
S. Scope. Except where an exemption applies, any person proposing a land disturbing
activity or whose land constitutes a Land Disturbing Activity within the City shall apply
to the City for the approval of a Stormwater Pollution Prevention Plan. No land shall be
disturbed until the plan is approved by the City and conforms to the standards set forth
herein.
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C. Stormwater Management Permit Required.
1. Review and approval. No person shall grade, fill, excavate, store, dispose of
soil and earth materials, or perform any other land disturbing or land filling
activity without first submitting a Stormwater Pollution Prevention Plan for
review and approval by the City and obtaining a permit as required in this
Section and the requirements of Section 11 -6 -8 Post Construction Stormwater
Runoff. If the applicability requirements of Section 11 -6 -6 or 11 -6 -8 apply the
Stormwater Pollution Prevention Plan submittal needs only to meet the
requirements of that section. The stormwater management permit is not a
replacement for a Conditional Use Permit as required in Section 12 -1D -9 and
12 -1D -10 of the City Code or a Wetlands Permit as required in Section 12 -2 -6
of the City Code, or the requirements of the Critical Area District as required
in Section 12 -3 of the City Code nor is it a replacement for a watershed
district permit or a state NPDES permit.
2. General exemptions. Land disturbing activities, which meet all the following
criteria are exempt from the requirements of this section:
a. The disturbed or filled area is 5,000 square feet or less in area;
and,
b. The volume of soil or earth material stored or moved is 50
cubic yards or less; and,
C. No drainage way is blocked or has its stormwater- carrying
capacities or characteristics modified; and,
d. The activity does not take place within 100 feet by horizontal
measurement from the top of the bank of a watercourse, the
ordinary high water mark of a water body, or the ordinary high
water mark of a wetland associated with a watercourse or water
body. The activity does not take place within an established
100 -year floodplain; and,
e. Not considered part of a larger common plan of development.
3. Categorical exemptions. Notwithstanding the requirements of the City Code,
the following activities are exempt from the permit requirements:
a. Emergency activities necessary to prevent or alleviate
immediate dangers to life or property.
b. Activities that are under the regulatory jurisdiction of an
authorized State or Federal agency.
C. General farming, gardening and nursery activities.
d. Residential construction activity limited to:
1) additions to the existing structure,
2) landscaping and landscaping structures, and
3) construction of a garage.
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D. Submission Requirements for a Stormwater Management Permit.
1. Application items. Application for a Stormwater Management permit shall
include submittal
of Stormwater Pollution Prevention Plan which shall
include:
a.
Application form and fee.
b.
Narrative describing temporary erosion and sediment control,
permanent stabilization, pollution prevention and permanent
stormwater management.
c.
Site map and grading plan.
d.
Temporary erosion and sediment control plan meeting the
requirements of the City's Land Disturbance Guidance Document.
e.
Permanent stabilization plan meeting the requirements of the City's
Land Disturbance Guidance Document.
f.
Permanent stormwater management measures meeting the
requirements outlined in Section 11 -6 -8 and the City's Land
Disturbance Guidance Document
g.
Work Schedule.
h.
Cost estimate.
i.
The City may require the applicant to subunit additional
information or data it determines necessary to complete its review.
Submittals determined by the City to be incomplete or otherwise
unacceptable for the purposes of this Ordinance shall be returned
to the applicant for correction and resubmittal.
2. Fees. All applications shall be accompanied by a perinit fee. Fees for permits
shall be fixed and determined by the City Council, adopted by ordinance and
uniformly enforced. Such permit fees may, from time to time, be amended by
City Council ordinance. A copy of the ordinance setting forth currently in
effect permit fees shall be kept on file by the City and shall be open to
inspection during regular business hours.
E. Review Procedure.
1. Process. City staff will review each complete application for a Stormwater
Management Permit to determine its conformance with the provisions of this
ordinance. Within 10 working days of receiving an application, City staff will
identify if additional materials are required to complete a permit application
and within 60 days of receiving an application, City staff shall approve,
approve with conditions, or deny a Stormwater Management Permit
application.
2. Appeal. An applicant may appeal a decision of denial of a permit Linder this
section shall be made under the mamier prescribed in Section 11 -6 -11 of this
Code.
3. Site Review. Once a permit is granted, City staff shall inspect the property for:
i. erosion control compliance with City Code;
ii. permit conditions and site plans prior to the onset of construction; and,
iii. Permit conditions and site plans throughout project construction.
4. Stop Work Order. The City reserves the right to issue a Stop Work Order for
any violation of this Ordinance, or non-compliance with permit conditions,
observed during site inspection. Stop Work Order shall remain in effect until
identified violations or non - compliant issues have been corrected.
F. Form of security. Before a permit is issued, the City may require the permittee to
post security in a form acceptable to the City equal to 125 percent of the cost estimate
stated in the application and agreed by the City to be the cost of the work to be done
under the permit. The security may take the form of cash in United States currency or an
irrevocable letter of credit issued by a financial institution in a form acceptable to the
City.
1. Release of security.
a. Provided no action has been taken by the City to recover all or a
part of the security before that determination has been made, any
security deposited with the City to guarantee performance of the
grading and erosion control work shall be released to the person
holding the permit upon determination by the City that the
conditions of the permit have been satisfactorily performed.
b. Provided no action has been taken by the City to recover all or part
of the security filed by the permittee before that date, securities
held to ensure the successful completion of an interim or final plan
shall be released to the permittee either one year after termination
of the permit or when a final plan is submitted for the unimproved
site, whichever is later,.
G. Suspension of permit. In enforcing the permit:
The City may suspend the permit and issue a Stop Work Order as provided
under subsection E.4 of this section. Upon receipt of a Stop Work Order, the
permittee shall cease all work on the work site except for work necessary to
remedy the cause of the suspension.
2. The permittee may request a reinstatement of a suspended permit upon
correction of the causes for suspension and, if the conditions of the permit
have been complied with in full, the City shall reinstate the permit.
3. If the permittee fails or refuses to cease work as required under subsection E.4
of this section, the City shall revoke the permit.
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4. The City shall not reinstate a revolted permit but shall proceed to act against
the security as provided in subsection H of this section.
5. Work performed without a permit is a violation of this Ordinance and is
subject to misdemeanor enforcement.
H. Action against security. The City may act against the appropriate security if any of
the following conditions exist:
1. The permittee stops performing the land disturbing activities or filling, and
abandons the worst site prior to completion of permanent site stabilization.
2. The permittee fails to conform to the Stormwater Pollution Prevention Plan as
approved, and has had its permit revolted as provided in subsection G. of this
section.
The techniques utilized for temporary or permanent stabilization fail within
one year of installation or before the final plan is implemented for the site or
portion of the site, whichever comes later.
4. The City determines that its actions are necessary to prevent excessive erosion
from occurring on the site, or to prevent nuisance conditions from occurring
on adjacent or nearby properties.
The City shall use fluids recovered from the security to reimburse the City for all direct
and indirect costs incurred in doing the remedial worst undertaken by the City or private
contractor under contract with the City.
11 -6 -7 Illicit Discharge and Connection
A. Objectives. The objectives prevent the introduction of pollutants to the storrnwater
system by any user, to prohibit illicit cormections and discharges to the Stormwater
system, and to establish authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance.
B. Discharge Prohibitions.
1. Prohibition of Illegal Disposal and Dumping of Substances and Materials. No
person shall throw, deposit, place, leave, maintain, or storing any substance
upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or
drainage structure, business place or upon any public or private plot of land,
so that the same might be or become a pollutant, except if secured within a
container or bag or contained within a lawfully established waste disposal
facility.
111]
No person shall intentionally dispose of grass, leaves, dirt or landscape
material into a water resource, buffer, street, road, alley, catch basin, culvert,
curb, gutter, inlet, ditch, natural watercourse, flood control chancel, canal,
storm drain or any fabricated natural channel.
2. Prohibition of Illicit Discharges. No person shall discharge or cause to be
discharged into the stormwater system or watercourses any materials,
including but not limited to pollutants or waters containing any pollutants that
cause or contribute to a violation of applicable water quality standards, other
than stormwater.
a. The commencement, execution or continuance of discharge of
pollutants to the stormwater system is prohibited except as follows:
water line flushing or other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, ground water
infiltration to storm drains, uncontaminated pumped ground water,
foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioning
condensation, springs, non - commercial washing of vehicles,
natural riparian habitat or wetland flows, fire fighting activities,
and any other water source not containing pollutants.
b. Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety are
allowed.
c. Dye testing is an allowable discharge, but requires a verbal
notification to the authorized enforcement agency prior to the time
of the test.
d. 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, Minnesota
Pollution Control Agency, or other 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 provided that written approval has been granted for any
discharge to the stormwater system.
3. Prohibition of Illicit Connections. The construction, use, maintenance, or
continued existence of such connections that intentionally convey non -
stormwater to the stormwater system is prohibited. 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.
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A person is considered to be in violation of this ordinance if the person
connects a line conveying wastewater to the stonnwater system, or allows
such a connection to continue.
No person shall connect or convey water from floor drains to the storm sewer
system.
C. Discharge Prevention
1. Discharge Prevention Requirements. Any property owner within the City
shall comply with the following requirements to prevent discharges:
a. No person shall leave, deposit, discharge, dump, or otherwise
expose any chemical or septic waste in an area where discharge to
a street, storm sewer system, or surface water body may occur.
This prohibition shall apply to actual discharges as well as the
potential for discharge from, for example, a septic system in a
location where emergency overflow could discharge to a street,
surface water body, or storm sewer system.
b. Individual sewage treatment systems must be maintained in order
to prevent failure. No part of any individual sewage treatment
system requiring on -land or in- ground disposal of waste shall be
located in an area where effluent could immediately or gradually
reach a body of water due to the existing physical characteristics of
the site or the system.
c. Recreational vehicle sewage shall be disposed of at a proper
sanitary waste facility. Waste must not be discharged in an area
where drainage to streets or storm sewer system may occur.
d. Water in swimming pools must sit for seven days without the
addition of any chlorine to allow for evaporation of the chlorine
before it is discharged.
e. Runoff of water from residential properties shall be minimized to
the maximiun extent practicable. Paved areas must be swept prior
to wash down activity. Runoff water from the washing down of
paved areas on commercial or industrial properties is prohibited
unless necessary for health or safety purposes and is not in
violation of any other applicable regulations.
f. Mobile washing companies, such as carpet cleaning and mobile
vehicle washing services, shall dispose of any wastewater to the
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sanitary sewer system. Wastewater shall not be discharged to the
streets or storm sewer system.
g. Objects such as motor vehicle parts that contain grease, oil or other
hazardous substances and unsealed receptacles containing
hazardous materials shall not be stored in areas susceptible to
runoff. Any machinery or equipment that is to be repaired or
maintained in areas susceptible to runoff shall be placed in a
confined area to contain any leaks, spills, or discharges.
h. Debris and residue shall be removed, as required below:
1. All motor vehicle parking lots and private streets shall be
swept, at a minimum of once a year in the spring, to remove
debris. Such debris shall be collected and disposed of
properly.
2. Fuel and chemical residue or other types of potentially harmful
material, such as animal waste, garbage or batteries shall be
removed as soon as possible and disposed of properly.
Household hazardous waste must be disposed of through the
couuity collection program or at any other authorized disposal
site. Household hazardous waste shall not be placed in a trash
container.
D. Industrial Activity Discharges to the Storm Sewer System.
1. Any person subject to an industrial activity NPDES stormwater 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
allowing of discharge to the storm sewer system.
2. All facilities that have stormwater discharges associated with industrial
activity must adhere to the following requirements: Any person responsible
for a property or premise, which is, or may be, the source of an illicit
discharge may be required to implement, at said person's expense, additional
structural and non - structural BMPs to prevent the further discharge of
pollutants to the storm sewer system. These BMPs shall be part of a Storm
Water Pollution Prevention Plan (SWPPP) as necessary for compliance with
requirements of the NPDES permit.
E. Suspension of Stormwater System Access.
1. Suspension due to Illicit Discharges in Emergency Situations. The City may,
without prior notice, suspend stormwater system discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
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which presents or may present imminent or substantial danger to the
l environment, or to the health or welfare of persons, or to the stormwater
system 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 stormwater system or waters of the United States, or to minimize danger to
persons. If authorized enforcement agency takes steps to prevent or minimize
damage to the stormwater system or waters of the United States, or to
minimize danger to persons, the City may bill the property owner and/or
operator, or lien the subject property for the cost of the action.
2. Suspension due to the Detection of Illicit Discharge. Any person discharging
to the stormwater system in violation of this ordinance may have their
stormwater system access terminated if such termination would abate or
reduce an illicit discharge. The City will notify a violator of the proposed
termination of the violator's stormwater system access. The violator may
petition the City for a reconsideration and hearing. A person is committing an
offense and is subject to misdemeanor enforcement if the person reinstates
stormwater system access to premises terminated pursuant to this Chapter
without the prior approval of the City.
F. Monitoring of Discharges.
1. The City shall be allowed to enter and inspect facilities and properties subject
to regulation under this ordinance as often as may be necessary to determine
compliance with this ordinance and for the purposes of inspection, sampling,
examination, and the performance of any additional duties as defined by state
and federal law that relate to the discharge of stormwater. If a person does not
wish to allow the City to enter a building to conduct the required activity, he
or she may retain a private inspector to conduct the activity. The private
inspector must have credentials that are acceptable to the City. The private
inspector shall provide the City with the relevant samples, test results, reports
or any other information that is being requested.
2. The City shall have the right to establish on any permitted facility such
devices as are necessary in the opinion of the authorized enforcement agency
solely to conduct monitoring and /or sampling of the facility's stormwater
discharge.
3. The City has the right to require the discharger to install monitoring
equipment to ensure discharge is in compliance with MPCA standards. The
facility's sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its own expense.
4. Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and /or sampled shall be promptly removed by the owner or
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operator at the written or oral request of the City and shall not be replaced.
The costs of clearing such access shall be borne by the owner or operator.
5. Unreasonable delays in allowing the City access to a permitted facility is a
violation of a stormwater discharge permit and of this ordinance. A person
who is the owner and /or operator of a facility with an NPDES permit to
discharge stormwater associated with industrial activity commits an offense if
the person del-des the City reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this ordinance.
G. Requirement to Prevent, Reduce, and Control Stormwater Pollutants By the Use
of Best Management Practices.
1. Owner Responsibility. The owner or operator of any property shall provide, at
owner /operator's expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal stormwater system or
watercourses through the use of structural and non - structural Best
Management Practices (BMPs). Further any person responsible for a property
or premise, which is, or may be, the source of an illicit discharge, may be
required to implement, at said person's expense, additional structural and non-
structural BMPs to prevent the farther discharge of pollutants to the
stormwater system. These BMPs are listed in the Stormwater Pollution
Prevention Plan (SWPPP) and the Mimiesota Pollution Control Agency's
current BMPs, and are necessary for compliance with requirements of the
NPDES permit and Chapter 6 of the City's Surface Water Management Plan
(SWMP).
H. Water Course Protection.
1. Owner Responsibility. Every owner of a property through which a
watercourse passes, or such person's lessee, shall keep and maintain that part
of the watercourse within their property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly impact the flow of water through the watercourse. All owners or
lessees 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.
I. Notification of Spills.
1. Notwithstanding other requirements of law, as soon as any person responsible
for a facility, vehicle or operation, or responsible for emergency response for a
facility or operation has knowledge of any known or suspected release of
materials of any amount which are resulting or may result in illicit discharges
or pollutants discharging into the stormwater system, watercourse, or water of
the United States, said person shall take all necessary steps to ensure the
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discovery, containment, and cleanup of such release. In the event of such a
1 release of hazardous materials said person shall immediately notify the City
and other emergency response agencies of the occurrence via emergency
dispatch services.
In the event of a release of non- hazardous materials, said person shall notify
the City in person or by phone no later than the beginning of the next business
day.
If the discharge of prohibited materials emanates from a commercial or
industrial establishment or vehicle, the owner or operator of such
establishment or vehicle shall also retain a written record of the discharge and
the actions taken to prevent its recurrence. Such records shall be retained for
at least ten years, or longer if required by other regulatory authority.
11 -6 -8 Post Construction Stormwater Runoff.
A. Objectives. The objectives of this section are to establish minimum stormwater
management requirements and controls to protect and safeguard the general health,
safety, and welfare of the public residing in watersheds within this jurisdiction. This
section seeks to meet that purpose through the following objectives:
1. Reduce stormwater runoff rates and volumes, soil erosion and non -point
source pollution, wherever possible, through stormwater management controls
and to ensure that these management controls are properly maintained and
pose no threat to public safety;
2. Control stormwater runoff from development and redevelopment to reduce
flooding, silt deposits and stream bank erosion, and maintain the integrity of
stream channels;
3. Control non -point source pollution caused by stormwater runoff from
development; and
4. Control the total annual volume of surface water runoff which flows from any
specific site following development.
B. Applicability. The rules of applicability are as set forth in Section 11 -6 -6,
Construction Site Stormwater Runoff and Erosion Control, of this ordinance.
C. Stormwater Pollution Prevention Plan.
1. Stormwater Pollution Prevention Plan Required for All New Developments
and Redevelopments. No application for development or redevelopment will
be approved unless it includes a Stormwater Pollution Prevention Plan
detailing how runoff and associated water quality impacts resulting from the
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development will be controlled or managed and contains the submission
1 materials identified in Section 11 -6 -6 subsection D. This plan must indicate
whether stormwater will be managed on -site or off -site and, if on -site, the
general location and type of practices.
The Stormwater Pollution Prevention Plan(s) shall be referred for comment to
interested agencies, and any comments must be addressed in a final
Stormwater Pollution Prevention Plan. This final plan must be signed by a
licensed professional engineer (P.E.) of the State of Minnesota.
2. Design of Stormwater Facilities. The Stormwater Pollution Prevention Plan
shall meet the design requirements outlined in the City's Land Disturbance
Guidance Document.
3. Maintenance of Existing Stormwater Facilities. Any stormwater facility in
existence prior to adoption of this ordinance shall be maintained by the owner
of the stormwater facility and in a manner to conform to design standards for
that facility. Any redevelopment of the stormwater facility shall require that
the facility meet current stormwater design standards as set forth in the City's
Land Disturbance Guidance Document.
The thresholds for maintenance are triggered once sediment deposits reach a
point greater than is allowed under the design standard criteria, or such
deposits begin to have a substantial effect on the water quality or holding
capacity of the pond.
4. Inspection of Stormwater Facilities. Inspection programs shall be established
on a regular basis, including but not limited to an inspection in accordance
with the schedule defined in the MPCA MS4 permit Section V, Part 6.b or
more often if deemed necessary to ensure proper functioning of the
stormwater management facility. Inspections are the responsibility of the
owner of the stormwater facility and must be completed by a Certified Erosion
Control Specialist in the State of Minnesota hired for that purpose. Inspection
results must be completed and submitted to the City in accordance with the
schedule defined in the MPCA MS4 permit Section V, Part 6.b from the
completion of development or from the date of this ordinance for a pre-
existing stormwater facility.
Inspections may include, but are not limited to: reviewing maintenance and
repair records; sampling discharges, surface water, groundwater, and material
or water in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater treatment practices.
All new and existing stormwater management facilities must undergo, at a
minimum, an inspection in accordance with the schedule defined in the
MPCA MS4 Permit Section V, Part 6.b to document maintenance and repair
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needs and ensure compliance with the requirements of this ordinance and
1 accomplishment of its purposes. This maintenance may include: removal of
silt, litter and other debris from all catch basins, inlets and drainage pipes;
grass cutting and vegetation removal; and necessary replacement of landscape
vegetation. Any maintenance needs found must be addressed in a timely
manner, as determined by the City. The inspection and maintenance
requirement may be increased as deemed necessary to ensure proper
functioning of the stormwater management facility.
D. Maintenance Covenants. Maintenance of all stormwater management facilities shall
be ensured through the creation of a formal maintenance covenant that must be approved
by the City and recorded at the Dakota County Recorder's Office prior to final plan
approval. As part of the covenant, a schedule shall be developed for when and how often
maintenance will occur to ensure proper function of the stormwater management facility.
The covenant shall also include plans for periodic inspections to ensure proper
performance of the facility between scheduled cleanouts.
The owner /operator shall show in the maintenance covenant how it will utilize Best
Management Practices (BMPs) to prevent discharge of pollutants into the stormwater
system. These BMPs are listed in the City's Stormwater Pollution Prevention Program
(SWPPP) and the most current Minnesota Pollution Control Agency BMP standards, the
State of Minnesota Stormwater Manual and are necessary for compliance with
requirements of the NPDES permit and the City's Local Surface Water Management
Plan. The threshold for maintenance is triggered once sediment deposition reaches a point
greater than is allowed under the design standard criteria, or such deposition begins to
have a substantial effect on the water quality or holding capacity of the pond.
E. Right -of -Entry for Inspection. When any new drainage control facility is installed
on private property, or when any new connection is made between private property and a
public stormwater system, the property owner shall grant to the City the right to enter the
property at reasonable times and in a reasonable manner for the purpose of inspection.
This includes the right to enter a property when the City has a reasonable basis to believe
that a violation of this ordinance is occurring or has occurred, and to enter when
necessary for abatement of a public nuisance or correction of an ordinance violation.
F. Records of Installation and Maintenance Activities. Parties responsible for the
operation and maintenance of a stormwater management facility shall make records of
the installation, inspections, and of all maintenance and repairs, and shall retain the
records for at least ten years. These records shall be made available to the City during
inspection of the facility and at other reasonable tunes upon request.
11 -6 -9 Wetland Protection.
All land disturbing activities which impact or may impact a wetland must be in
conformance with the City's Wetlands Systems Ordinance, which is Title 12, Chapter 2
of the City Code.
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11 -6 -10 Enforcement.
A. Violation. Any action, failure to act or land use practice that would impair water
quality if allowed to continue, shall constitute a public nuisance condition and be treated
as a misdemeanor under this Code.
B. Notice of Violation. Whenever the City finds that a person has violated any section
of this Code or failed to meet a requirement of this Ordinance, the City shall order
compliance by written Notice of Violation to the responsible person. Such notice may
require:
1. Monitoring, analyses and reporting;
2. Elimination of illicit discharges or connections;
3. Abatement of pollution and hazards;
4. Restoration of affected property;
5. Remediation of violation;
6. Payment of a fine to cover administrative and remediation costs;
7. Loss of any posted Securities;
8. Implementation of source control or treatment BMPs; and
9. Other actions as deemed necessary by the City.
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
j completed. The notice shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work will be done by the City or other local
gover=ental unit or a contractor and the expense thereof shall be charged to the violator.
C. Failure to maintain practices. If a responsible party fails or refuses to meet the
requirements of the maintenance covenant, the City, after reasonable notice, may correct
a violation of the design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition. In the event that the stormwater
management facility becomes a danger to public safety or public health, the City shall
notify the party responsible for maintenance of the stormwater management facility in
writing. Upon receipt of that notice, the responsible person shall have 30 days to effect
maintenance and repair of the facility in an approved manner. After proper notice, the
City may assess the owner(s) of the facility for the cost of repair work, and any penalties
and the cost of the work shall be a lien on the property, or prorated against the beneficial
users of the property, and may be placed on the tax bill and collected as ordinary taxes by
the county.
11 -6 -11 Appeal of Notice of Violation.
Any person receiving a Notice of Violation may appeal the determination of the City.
The notice of appeal must be received within 5 days from the date of the Notice of
Violation. Hearing on the appeal before the appropriate authority or designee shall take
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place within 30 days from the date of receipt of the notice of appeal. The decision of the
City or the local government unit or designee shall be final.
11 -6 -12 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 5 working days of the decision of the
City or local government unit 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.
11 -6 -13 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 must file
any objection to the amowit of the assessment in writing with the City within 30 days. If
the amount due is not paid within a timely manner, as determined by the decision of the
City, or by the expiration of the time in which to file an appeal, the costs shall become a
special assessment against the property and shall constitute a lien on the property for the
amount of the assessment. Any person violating any of the provisions of this article shall
become liable to the City by reason of such violation.
11 -6 -14 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 hither violations or compelling the person to perform abatement or remediation of
the violation.
11 -6 -15 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, and similar programs.
11 -6 -16 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
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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.
11 -6 -17 Criminal Prosecution.
Any person who has violated or continues to violate this ordinance shall be liable to
criminal prosecution to the fullest extent of the law. The authorized enforcement agency
may recover all attorney fees, court costs, and other expenses associated with
enforcement of this ordinance, including sampling and monitoring expenses.
11 -6 -18 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.
SECTION 2. This Ordinance shall be in full force and effect from and after its
publication according to law.
Enacted and ordained into an Ordinance this Third day of February, 2009.
ATTEST:
r
Kathleen M. Swanson
City Clerk
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CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Johri J b
May r