A. Objectives: The objectives prevent the introduction of pollutants to the stormwater system by any user, to prohibit illicit connections 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 chapter.
B. Discharge Prohibitions:
1. Prohibition Of Illegal Disposal And Dumping Of Substances And Materials: No person shall throw, deposit, place, leave, maintain, or store 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.
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 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, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, firefighting 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 nonstormwater 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 nonstormwater 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.
A person is considered to be in violation of this chapter if the person connects a line conveying wastewater to the stormwater 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 inground 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 (7) 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 maximum 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 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 county 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 premises, which is, or may be, the source of an illicit discharge may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the storm sewer system. These BMPs shall be part of a stormwater 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 which presents or may present imminent or substantial danger to the 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 chapter 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 chapter as often as may be necessary to determine compliance with this chapter 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 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 chapter. 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 denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
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 nonstructural best management practices (BMPs). Further any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the stormwater system. These BMPs are listed in the stormwater pollution prevention plan (SWPPP) and the Minnesota 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. Watercourse 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 waters of the United States, 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 the city and other emergency response agencies of the occurrence via emergency dispatch services.
In the event of a release of nonhazardous materials, said person shall notify the city 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 (10) years, or longer if required by other regulatory authority.
J. Purpose: The purpose of this Section is to reduce the illicit discharge of chloride, which is used in most deicers, and can be easily transmitted into surface waters and well as groundwater, threatening drinking water supplies, as well as the health of freshwater fish and other aquatic life. One of the primary sources of chloride entering surface and ground water is the improper utilization and management of deicing materials. The city seeks to minimize the negative environmental impacts of chloride while maintaining public safety through removal of snow and ice from roadways, sidewalks, and other paved surfaces, by requiring proper storage and Best Management Practices for commercial, institutional, and non-NPDES permitted industrial facilities. Winter maintenance professionals are also encouraged but not required to complete the Minnesota Pollution Control Agency Smart Salting training (Level 1 or 2). The following is required for all commercial, institutional, and non-NPDES permitted industrial facilities located within the city of Mendota Heights:
1. Designated salt storage areas must be covered or indoors;
2. Designated salt storage areas must be located on an impervious surface; and
3. Best Management Practices must be implemented to reduce exposure when transferring material in designated salt storage areas, such as sweeping, diversions, containments, etc. (Ord. 421, 2-3-2009; amd. Ord. 490, 2-16-2016; Ord. 573, 9-62022)
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