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Ordinance No. 1288 02-06-2012sUM�xy a�IlVANeE Na. l�ss AN ORDINANCE ESTABLISffiNG CHAPTER 224 FRIDLEY CITY CODE ENTITLED STORMWATER ILLICIT DISCHARGE DETECTION AND ELIMINATION I. Tit1e An ardinance af the City af Fridley, Minnesata, amending the Fridley City Cade ta create a new Chapter pertaining ta starmwater illicit discharge detectian and eliminatian. II. Summarv The City Cauncil af the City af Fridley daes hereby ardain as fallaws: Chapter 224 af the Fridiey City Cade is hereby created ta pravide far the heaith, safety, and general weifare af the citizens af the City af Fridiey thraugh the regulatian af nan-starmwater discharges ta the starm drainage system ta the maximum e�tent practicabie as required by federai and state law. This chapter estabiishes methads far cantralling the intraductian af pallutants inta the municipai separate starm sewer system (MS4} in arder ta campiy with requirements af the MS4 permit issued ta the City af Fridley by the Minnesata Pallutian Cantrai Agency (MPCA} under the Natianai Pallutant Discharge Eliminatian System (NPDES} permit pracess. III. Natice This title and summary has been published ta clearly infarm the public af the intent and effect af the City Cade af the City af Fridley. A capy af the ardinance, in its entirety, is available far inspectian by any persan during regular business haurs at the aff ces af the City C1erk af the City af Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CIT� COUNCIL OF THE CIT� OF FRIDLE� THIS 6TH DAY OF FEBRUAR� 2012. ���� SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, ITY CLERK Pubiic Hearing: January 9, 2011 First Reading: January 23, 2012 Secand Reading: February 6, 2012 Pubiicatian Date: February 12, 2012 ORDINANCE NO. 1288 AN ORDINANCE ESTABLISHING CHAPTER 224 FRIDLEY CITY CODE ENTITLED STORMWATER ILLICIT DISCHARGE DETECTION AND ELIMINATION The City Council of the City of Fridley hereby ordains, after review, examination and recommendation of staff that Chapter 224 Fridley City Code established as follows: 224.01. PURPOSE OF CHAPTER The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of Fridley through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the MS4 permit issued to the City of Fridley by the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives ofthis chapter are: 1. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user. 2. To prohibit illicit connections and discharges to the MS4. 3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this chapter. 224.02. DEFINITIONS The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Best Management Practices or BMPs means practices approved by the City of Fridley to prevent or reduce the pollution of the Waters of the State, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. 2. City Manager means the City Manager as defined in the City of Fridley Charter, or the City Manager's designee. 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. 4. Illicit discharge means any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in Section 224.08 of this chapter. Ordinance No. 1288 5. Illicit connection is defined as either of the following: Page 2 A. Any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the storm drainage system including but not limited to sewage, process wastewater, wash water and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or B. Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 6. Industrial activity means activities subject to NPDES Industrial Stormwater Permits as defined in 40 CFR, Section 122.26 (b)(14) titled Storm water dischar�e associated with industrial activitX. 7. Municipal separate storm sewer system (MS4) means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City of Fridley and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage. 8. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit means a permit issued by Minnesota Pollution Control Agency (MPCA) 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. 9. Non-stormwater discharge means any discharge to the storm drainage system that is not composed entirely of stormwater. 10. Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. 11. 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. 12. Premises means any building, structure, facility, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. 13. Storm drainage system means publicly-owned facilities by which stormwater is collected and/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. 14. Stormwater (also storm water) means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Ordinance No. 1288 Page 3 15. Stormwater management plan means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. 16. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a premises. 17. Watercourse means a ditch, stream, creek, or other defined channel intended for the conveyance of water runoff, groundwater discharge or similar hydraulic or hydrologic purpose. 18. Waters of the State means, "all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereo�' as currently defined in Minnesota Statutes Section 115.01, Subdivision 22, and as may be further amended from time to time. 224.03. APPLICABILITY This chapter shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by the City of Fridley. 224.04. RESPONSIBILITY FOR ADMINISTRATION The City of Fridley shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the City of Fridley may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City. 224.05. COMPATIBILITY WITH OTHER REGULATIONS This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 224.06. SEVERABILITY The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter 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 chapter. 224.07. ULTIMATE RESPONSIBILITY The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. Ordinance No. 1288 224.08. DISCHARGE PROHIBITIONS Page 4 1. Prohibition of illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater. The commencement, conduct or continuance of any illicit discharge to the storm drainage system is prohibited except as described as follows: A. Discharges from the following sources are exempt from discharge prohibitions established by this chapter: flows from riparian habitats and wetlands, diverted stream flows, rising groundwater, springs, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, uncontaminated water from foundation or footing drains, crawl space pumps, air conditioning condensate, irrigation water, lawn watering discharge, individual residential car washing, water hydrant flushing or other water treatment or distribution system, discharges from potable water sources, and street wash water. 1) Discharge of swimming pools, crawl spaces, sump pumps, footing drains, and other sources that may be determined to contain sediment or other forms of pollutants may not be discharged directly to a gutter or storm sewer. This discharge must flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals, and infiltration of water consistent with the stormwater requirements of the City of Fridley. B. Discharges or flow from firefighting and other discharges specified in writing by the City of Fridley as being necessary to protect public health and safety. C. Discharges associated with dye testing; however this activity requires a verbal notification to the City of Fridley prior to the start of any testing. D. Discharges associated with the necessary use of snow and ice control materials on paved surfaces. E. Any non-stormwater discharge permitted under and NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of Minnesota Pollution Control Agency (MPCA), 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 storm drainage system. 2. Prohibition of illicit connections. A. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited. B. 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. C. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. Ordinance No. 1288 Page 5 D. Connections in violation of this chapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City of Fridley. E. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property at the owner's or occupant's sole expense upon receipt of written notice of violation from the City of Fridley requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Fridley. 224.09. WATERCOURSE PROTECTION Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures at the owner's or leasee's sole expense 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. 224.10. RIGHT OF ENTRY Provided the City of Fridley gives 24-hours advance notice, the City of Fridley shall be permitted to enter and inspect premises subject to regulation under this chapter as often as may be necessary when entrance is deemed by the City to be necessary to determine compliance with this chapter. However, in cases of emergency or ongoing discharge, the City of Fridley shall be given immediate access. 1. Unreasonable delay in allowing the City of Fridley access to a premises is a violation of this ordinance. The City of Fridley may seek issuance of an administrative search warrant from any court of competent jurisdiction if it has been refused access to any part of the premises from which storm water is discharged, and 1) is able to demonstrate probably cause to believe that there may be a violation of this chapter, or 2) that there is a need to inspect and/or sample as part of a routine inspection and such sampling program is designed to verify compliance with this ordinance or any order issued hereunder, or 3) to protect the overall public health, safety, and welfare of the community. 224.11. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES The City of Fridley will adopt requirements identifying BMPs for any activity, operation, or premises which may cause or contribute to pollution or contamination of stormwater, the storm drainage system, or Waters of the State. The owner or operator of such activity, operation, or premises shall provide, at their owner's or operator's sole expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of these structural and nonstructural BMPs. Ordinance No. 1288 Page 6 Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's sole expense, additional structural and non- structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed proof of compliance with the provisions of this section. These BMPs shall be part of a stormwater management plan (SWMP) as necessary for compliance with requirements of the NPDES permit. 224.12. VIOLATIONS AND PENALTIES Any person violating any provision of this chapter is guilty of a misdemeanor and may be prosecuted for violations of this chapter. In addition to criminal prosecution for violations of this chapter, the City of Fridley may, in its discretion, invoke any of the following remedies for violations of this chapter: Emergency cease and desist orders. When the City of Fridley finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or Waters of the State which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Fridley may issue an order to the violator directing it immediately to cease and desist all such violations. 2. Stop work orders. When the City of Fridley finds that construction activity has resulted in violations of any provision of this chapter or any order issued hereunder, or that the person's past violations are likely to recur, the City of Fridley may issue a stop work to the violator, directing the violator to stop work immediately and directing that no further work be performed until compliance with this chapter is demonstrated. 3. Written warnings. When the City of Fridley finds that a person has violated a prohibition or failed to meet a requirement of this chapter and the violation or failure to meet a requirement has no ongoing adverse impact to the MS4 or Waters of the State, it may issue a written warning to the violator, provided that it is the person's first violation or failure to meet a requirement, to obtain voluntary compliance with this chapter. Notice of violation. Whenever the City of Fridley finds that a person has violated a prohibition or failed to meet a requirement of this chapter, it may order compliance by written notice of violation to the person. Such notice may require without limitation: A. The performance of monitoring, analysis, and reporting; B. The elimination of illicit connections or discharges; C. That violating discharges, practices, or operations shall cease and desist; D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; Ordinance No. 1288 Page 7 E. 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; F. The notice shall state that the determination of violation may be appealed by the use of the process described in this chapter. G. Any person receiving a notice of violation may appeal the determination of the City of Fridley. The notice of appeal must be received by the City Clerk within seven (7) calendar days from the date of the notice of violation. Hearing on the appeal before the City Manager shall take place within seven (7) calendar days from the date of receipt of the notice of appeal. The decision of the City Manager or shall be final. H. 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 fifteen (15) days of the decision of the City Manager upholding the decision of the City of Fridley, then representatives of the City of Fridley may 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. 5. Suspension due illicit discharge. The City of Fridley may suspend MS4 discharge access under the following circumstances: A. Suspension due to illicit discharge in emergency situations. The City of Fridley may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that 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 State. If the violator fails to comply with a suspension order issued in an emergency, the City of Fridley may take such steps as it deems necessary to prevent or minimize damage to the MS4 or Waters of the State. B. Suspension due to detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have its MS4 access suspended if such suspension would abate or reduce an illicit discharge. The City of Fridley will notify the violator of the proposed suspension of its MS4 access. The person may petition the City of Fridley for reconsideration and hearing. A person commits an offense if the violator reinstates MS4 access to premises suspended pursuant to this chapter, without the prior approval of the City of Fridley. 6. 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 chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance. Ordinance Na. 1288 224.13 COST OF ABATEMENT Page 8 Within thirty (30} days after abatement af a vialatian af this chapter, the awner af the praperty will be natified af the cast af abatement, including administrative casts. If the amaunt due is nat paid within thirty (30} days, ar ather term appraved by the City Manager, the City af Fridley may levy the charges as a special assessment against the praperty pursuant ta Chapter 429 af Minnesata Statutes, inciuding Minnesata Statutes § 429.10 L The assessments shall canstitute a lien an the praperty far the amaunt af the assessment. Any persan vialating any af the pravisians af this chapter shall became liable ta the City by reasan af such vialatian. 224.14. REMEDIES NOT E�CLUSIVE The remedies listed in this chapter are nat exclusive af any ather remedies, inciuding but nat limited ta civii actian ta enjain ar atherwise campel the cessatian af any vialatian af this chapter, availabie under any applicabie federal, state ar 1aca1 law, and it is within the discretian af the City af Fridiey ta seek cumulative remedies. The City af Fridiey may recaver a11 attarneys' fees, caurt casts and ather expenses assaciated with enfarcement af this chapter, inciuding sampiing and manitaring expenses. PASSED AND ADOPTED BIj THE CITY COUNCIL OF THE CITY OF FRIDLEY TF�S 6TH DAY OF FEBRUARY 2012. ���� Scatt J. Lund, Mayar ATTEST: Debra A. Skagen, C1erk Public Hearing: January 9, 2012 First Reading: January 23, 2012 Secand Reading: February 6, 2012 Pubiicatian Date: February 12, 2012