Subd. 1. Purpose and Intent. This chapter is established to promote the health, safety and general welfare of the citizens of the city by regulating non-stormwater discharges to the city's storm drainage system, known formally as the municipal separate storm drainage system (MS4). This chapter establishes methods for controlling the introduction of pollutants into the MS4 to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.
Subd. 2. Applicability. This chapter shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
Subd. 4. 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.
Subd. 5. Administration. The City Engineer and/or other city representatives and staff are authorized to administer, implement and enforce the provisions of this section.
Subd. 6. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
Subd. 7. Illegal Disposal and Dumping of Substances and Materials.
A. No person shall throw, deposit, place, leave, maintain, or keep 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 or hazardous material, except if secured within a container or bag or contained within a lawfully established waste disposal facility.
B. 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 channel, canal, storm drain or any fabricated natural conveyance.
Subd. 8. Illicit Discharges and Connections to the Storm Drainage System.
A. No person shall cause any illicit discharge to enter the storm drainage system or any surface water unless such discharge:
1. Consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA;
2. Is associated with fire-fighting activities or other activities necessary to protect public health and safety;
3. Is one of the following exempt discharges: water line flushing or other potable water sources; landscape irrigation or lawn watering; diverted stream flows; rising groundwater; groundwater infiltration to a storm drain; uncontaminated pumped groundwater; foundation or footing drains (not including active groundwater dewatering systems); crawl space pumping; air conditioning condensation; springs; noncommercial washing of vehicles; natural riparian habitat or wetland flow; emptying of dechlorinated swimming pools; and any other water discharge that does not contain a pollutant; or
4. Is associated with measures taken to prevent public health hazards or structural or property damage. Such discharges must be reported to the Duty Officer.
B. Dye testing is an allowable discharge. Verbal notification to the city at least 48 hours prior to the time of the test is required.
C. No person shall use any illicit connection to intentionally convey non-stormwater to the storm drainage system.
D. No person shall connect or convey water from floor drains to the storm drainage system.
E. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited. This prohibition expressly includes, but is not limited to, illicit connections made in the past, regardless of whether the connection had been previously allowed, permitted, or approved by an authorized enforcement agency.
F. No person shall connect a line conveying sewage to the storm drainage system, or allow such a connection to continue.
Subd. 9. Discharge Prevention Requirements. Any owner or occupant of property 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 or the storm drainage system may occur. This prohibition shall apply to both actual and potential discharges.
B. Recreational vehicle sewage shall be disposed of at a proper sanitary waste facility. Waste must not be discharged in an area where drainage to the streets or the storm drainage system may occur.
C. Mobile washing companies, such as carpet cleaning and mobile vehicle washing services, shall not discharge wastewater to the streets or storm drainage system.
D. 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.
E. Debris and residue shall be removed, as required below:
1. All motor vehicle parking lots and paved private streets shall be swept, at a minimum of once a year in the spring to remove debris. Such debris shall be collected and be 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 county collection program or at any other authorized disposal site.
Subd. 10. Industrial or Construction Activity Discharges to the Storm Drainage System.
A. Any person subject to an industrial or construction 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 the allowing of discharge to the storm drainage system.
B. 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 drainage system. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
Subd. 11. 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 that are resulting or may result in illegal discharges or pollutants discharging into the storm drainage 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 shall immediately notify emergency response agencies of the occurrence via emergency dispatch services, such as by calling 911. In the event of a release of non-hazardous 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 phone notice. If the discharge of prohibited materials emanates from a commercial or 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 shall be retained for at least three years.
Subd. 12. Access to Buildings for Inspection, Sampling, Dye Testing, Monitoring and Examination Related to Stormwater Discharge.
A. The city shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.
B. Facility operators 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.
C. The city shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of the facility's stormwater discharge.
D. The city has the right to require the discharger to install monitoring equipment as necessary. 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. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
E. 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 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 operator.
F. Unreasonable delays in allowing the city access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
G. If the city has been refused access to any part of the premises from which stormwater is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
Subd. 13. Suspension of Storm Drainage System Access.
A. The city may, without prior notice, suspend storm drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present an imminent and substantial danger to the environment; to the public health or welfare; to the storm drainage system; or to the waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the storm drainage system or waters of the state, or to minimize danger to the public.
B. Any person discharging to the storm drainage system in violation of this section may have his or her storm drainage system access terminated if such termination will abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its drainage system access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. No person shall reinstate the storm drainage system access to premises terminated pursuant to this section without the prior approval of the city.
Subd. 14. 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, 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 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 15. Salt and Deicer Storage.
A. Applicability.
1. The following sections apply to all indoor and outdoor bulk deicer storage facilities (temporary and permanent) including salt piles, salt bag storage and other storage of deicing materials. Bulk storage, as regulated by this chapter, is defined as storage of any material used for deicing and/or traction during winter conditions that is more than five tons in solid form (or 1,000 gallons in liquid form).
B. General Requirements.
1. Indoor operations for the storage of deicing materials must be provided wherever possible in order to prevent such materials from being affected by rain, snow and melt water.
2. All salt and other deicing materials stored outdoors must be covered at all times.
a. When not using a permanent roof, a waterproof impermeable, flexible cover must be placed over all storage piles to protect against precipitation and surface water runoff. The cover must prevent runoff and leachate from being generated by the outdoor storage piles. The cover must be secured to prevent removal by wind or other storm events. Piles must be formed in a conical shape and covered as necessary to prevent leaching.
b. Any roof leaks, tears or damage should be temporarily repaired during winter to reduce the entrance of precipitation. Permanent repairs must be completed prior to the next winter season.
C. Facility Siting.
1. The facility must be in close proximity to the area in which the deicing materials are to be used, if practical.
2. Each facility must be located outside of floodplains and 50 feet from lakes, rivers, streams, ditches, storm drains, manholes, catch basins, wetlands and any other areas likely to absorb runoff. A facility must not be located in close proximity to surface water features, water supplies, wells or drywells.
3. A facility must be located on impermeable surfaces.
4. The property slope must be away from the facility’s salt, and deicer storage area.
5. Salt vulnerable/intolerant natural areas should be avoided as storage facilities to the extent possible. Where they cannot be avoided, specific measures should be instituted to protect vulnerable areas. Salt vulnerable/intolerable natural areas include, but are not limited to:
a. Areas with salt sensitive vegetation;
b. Areas serving as a source of drinking water (surface water and ground water);
c. Areas with bodies of water with low dilution, low volume or salt sensitive species;
d. Areas associated with ground water recharge zones or shallow water table, with medium to high permeable soils.
D. Transfer of Materials.
1. Practices must be implemented in order to reduce exposure (e.g., sweeping, diversions, and/or containment) when transferring salt or other deicing material.
(Ord. 622, passed 12-1-14; Am. Ord. 708, passed 8-15-22)