(A) Construction site stormwater runoff control.
(1) Permittees must develop a construction site stormwater runoff control program that reduces pollutants in stormwater from construction activity. The permittee must develop a stormwater pollution prevention plan (SWPPP) for the construction site that is at least as stringent as the MPCA's current General permit authorization to discharge stormwater associated with construction activity under the national pollutant discharge elimination system (NPDES) construction general permit (CGP). A copy of the permittee’s permit coverage must be provided prior to any construction activity taking place on sites that disturb more than one acre of land.
(2) The permittee shall take into consideration with their design sections of the CGP that qualify as erosion and sediment controls or waste controls, as follows:
(a) Stormwater discharge design requirements consisting of the following:
1. Stormwater pollution prevention plan for during construction.
2. Temporary sediment basins when ten acres or more drain to a common location.
3. Record retention.
4. Training requirements.
(b) Construction activity requirements consisting of the following:
1. Stormwater pollution prevention plan implementation.
2. Erosion prevention practices.
3. Sediment control practices.
4. Dewatering and basin draining.
5. Inspections and maintenance.
6. Pollution prevention management measures.
7. Final stabilization.
(B) Violations and suspensions.
(1) Reports of violations. The city shall document the reporting of a violation in writing. Such violations may be obtained via a site inspection or a public complaint followed by a site inspection. At a minimum the complaint file shall contain the name and address of the owner, date, time and nature of the violation as well as other information as deemed necessary to document site conditions, including photos and personal conversation records. In the case of a public complaint the file shall also, if voluntarily provided, contain the name address and phone number of the individual filing the complaint. In addition the complaint file shall contain records documenting subsequent site inspections, compliance actions and a memo outlining the determination of the city and any enforcement action taken and/or any applicable noncompliance fees levied.
(2) Emergency suspension.
(a) The city may for cause order the suspension of all construction on site when the city determines that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons downstream, or substantial danger to the environment. If a suspension occurs, all work in the area shall cease immediately. If any person is notified of such suspension and then fails to comply voluntarily with the suspension order, the city shall commence whatever steps are necessary to obtain compliance. The city may reinstate the construction activities on site upon proof of compliance with all plan or applicable permit conditions.
(b) The city may also order the immediate suspension of all work if a person or entity is conducting an activity for which another governing entity's permit is needed without first obtaining the appropriate permit or city approval. The suspension shall remain in effect until the required permit(s) and/or city approval are obtained. Whenever the city orders the suspension of work on a site, pursuant to the emergency provisions of this section, the city shall serve notice on the contractor, land owner, developer or the developer's designated representative personally, via email, or by registered or certified mail. Any person or entity served notice has the right to an informal hearing before the city upon request made in writing and filed with the city.
(3) Non-emergency suspension. The city may order the suspension of all construction on site for a non-emergency cause, including but not limited to:
(a) Violation of any terms or conditions of the applicable plan or permit;
(b) False statements on any required reports and applications;
(c) Obtaining a plan or state permit by misrepresentation or failure to disclose fully all relevant facts; or
(d) Any other violation of this chapter or related ordinance.
(4) Hearing. If a person requests a hearing to contest the order of the city, a notice of hearing must be served on the person appealing the order, specifying the time and place of a hearing to be held regarding the order of the city, and directing the person appealing to show cause why the order of the city should not be upheld. Unless the city has suspended the project and/or permit or ordered work to stop pursuant, any order stopping all work shall be stayed until after the hearing. The notice must be served personally or by registered or certified mail at least five days before the hearing. The evidence submitted at the hearing shall be considered by the city who shall then uphold, modify or rescind the order of the city. An appeal of the decision may be taken to the District Court according to law. Provided, that if the city upholds the order stopping work, such work suspension shall not be stayed as a result of the appeal to the District Court.
(5) Legal action.
(a) The discharge of deposited or eroded materials onto public rights-of-way or public storm sewer systems within the city shall be considered an offense and may result in an order to remove such materials. Removal of such materials shall be at the Landowners or Developers expense based on the properties from which they originated. The landowner and/or developer shall have three days after receiving the notice to remove these materials. If such materials are not removed, others may remove them under the city's direction and any associated costs shall be the responsibility of the landowner and/or developer and, if unpaid within 90 days, may be recommended for assessment action by the City Council against property of the violator.
(b) If any person commences any Land disturbing activities which result in increased storm water quantity or storm water quality degradation into the city's storm water management system contrary to the provisions of this chapter, federal or state requirements or any order of the city, the city attorney may commence action for appropriate legal and/or equitable relief including administrative or criminal penalties.
(C) Enforcement, penalties and noncompliance fees.
(1) Enforcement, penalty and noncompliance fees. Any person who is found to have violated an order of the city made in accordance with this chapter, or who has failed to comply with any provision of this chapter and the orders, rules, approvals, regulations and permits issued hereunder, may be charged with a misdemeanor and be subject to the penalty provisions of § 10.99 or, alternatively, may be issued an administrative citation and be subject to the civil penalty provisions of § 35.01. Each day on which a violation occurs or continues to exist shall be deemed a separate and distinct offense. All land use and building permits may be suspended until the Permittee has corrected the violation. A schedule for noncompliance and re-inspection fees, which may be imposed for violation of this chapter, shall be approved by the City Council.
(2) Liability for damage; violation. Any person violating any of the provisions of this chapter or who initiates an activity which causes a deposit, obstruction, or damage or other impairment to the city's stormwater system is liable to the city for any expense, loss, or damage caused by the violation or the discharge. The city may bill the person violating this chapter the costs for any cleaning, repair or replacement work caused by the violation of storm water discharge, and if unpaid within 90 days may result in assessment of such costs against the violator's property.
(3) Fees recoverable. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses of litigation by appropriate action against the person found to have violated this chapter or the orders, rules, approvals, regulations and permits issued hereunder.
(4) Falsifying information. Any person who knowingly makes any false statements, representations, or certification in any applicable record, report, plan, permit or other document filed or required to be maintained pursuant to this chapter, or who knowingly falsifies, tampers with, or knowingly renders inaccurate any monitoring devices or method required under this chapter, may be charged with a misdemeanor and be subject to the penalty provisions of § 10.99 or, alternatively, may be issued an administrative citation and be subject to the civil penalty provisions of § 35.01.
(5) Severability. If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 15-02, passed 2-9-2015; Ord. 22-08, passed 9-26-2022)