Section
53.01 Statutory authorization; purpose and intent
53.02 Definitions
53.03 Applicability
53.04 Responsibility for administration
53.05 Ultimate responsibility
53.06 Prohibitions
53.07 Suspension of MS4 Access
53.08 Industrial or construction activity discharges
53.09 Monitoring of discharges
53.10 Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices
53.11 Watercourse protection
53.12 Notification of spills
53.13 Enforcement
53.14 Appeal of notice of violation
53.15 Enforcement measures after appeal
53.16 Cost of abatement of the violation
53.17 Injunctive relief
53.18 Compensatory action
53.19 Violations deemed a public nuisance
53.20 Criminal prosecution
53.21 Remedies not exclusive
(A) The purpose of this chapter is provide for the health, safety, and general welfare of the citizens of the city 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 National Pollutant Discharge Elimination System (NPDES) permit process.
(B) The objectives of this chapter are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system; and
(3) To establish legal authority to carry out all inspection, surveillance, enforcement, and monitoring procedures necessary to ensure compliance with this chapter.
(C) This section is adopted pursuant to the authorization and policies contained in M.S. Ch. 103B and M.S. Ch. 462, as they may be amended from time to time; Minn. Rules parts 6120.2500 to 6120.3900; Minn. Rules Ch. 8410, 8420, and 70510.0210.
(Prior Code, § 7-10-1) (Ord. 606, passed 12-8-2014)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENTAL DISCHARGE. A discharge prohibited by this chapter and without planning or thought prior to occurrence.
AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the city designated to enforce this chapter.
BEST MANAGEMENT PRACTICES (BMPs). 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.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to the NDPES construction permits. Currently, these include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS. 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.
ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge including sewage, process wastewater, and wash water to enter the storm drain system, including any connections to the storm drain system from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 53.07.
INDUSTRIAL ACTIVITY. Activities subject to NDPES industrial permits as defined in 40 C.F.R. § 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A stormwater conveyance or unified stormwater conveyance system, including, without limitation, roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural or human-made channels, or storm drains that:
(1) Is located within the corporate limits of the city;
(2) Is owned or operated by the state, county, the city, or other public body; and
(3) Discharges to waters of the state and/or United States, excluding publicly owned treatment works, and lawful connections thereto, which in turn discharge into the waters of the state and/or United States.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. Any permit or requirement enforced pursuant to the clean water act as amended for the purposes of regulating stormwater discharge.
NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON. 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.
POLLUTANT. 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, and accumulations, so that same may cause or contribute to pollution; floatables, pesticides, herbicides; 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.
POLLUTION. Human-made or human-induced alteration of the chemical, physical, biological, thermal, and/or radiological integrity of water.
PREMISES. Any buildings, lot, parcel of land, or portion or land whether improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM. 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.
STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from the precipitation.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). 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 and/or receiving waters to the maximum extent practicable.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERS OF THE STATE AND/OR UNITED STATES. All water bodies regulated by the state and/or United States including streams, lakes, ponds, wetlands, marshes, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations or water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof, or which may be susceptible to use in interstate or foreign commerce.
(Prior Code, § 7-10-2)
The city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.
(Prior Code, § 7-10-4)
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