CHAPTER 54: STORMWATER
Section
   54.01   Stormwater utility
   54.02   Fixing rates and charges
   54.03   Administration
   54.04   Exemption
   54.05   Purpose, scope and definitions
   54.06   Erosion prevention and sediment control plan
   54.07   Review of plan
   54.08   Modification of plan
   54.09   Permanent stormwater BMPs
   54.10   Remedial action
   54.11   Emergency action
   54.12   Notification of failure of the plan
   54.13   Illicit discharge prohibited
   54.14   Connection of sanitary sewer prohibited
   54.15   Abrogation and greater restrictions
   54.16   Back yard drains
 
   54.98   Enforcement response procedure
§ 54.01 STORMWATER UTILITY.
   A stormwater utility is hereby established pursuant to M.S. § 444.075 and shall operate as an Enterprise Fund of the city subject to all applicable statutory requirements. The stormwater utility shall provide for the acquisition, construction, expansion, repair and maintenance of stormwater facilities in the city. The operation of the system shall include the collection, management, detention, pumping and discharge of stormwater as necessary to promote efficient operation of the system.
(Am. Ord. 82, 4th Series, passed 12-5-2016)
§ 54.02 FIXING RATES AND CHARGES.
   (A)   The monthly charge to a typical single-family residential parcel shall be the stormwater utility rate as established by the then current resolution of the City Council. For purposes of this section, each unit of a duplex, each townhome and each condominium unit shall be considered a single-family residential parcel. All other parcels of 10,000 square feet or less shall pay the stormwater utility rate. All other parcels of 10,000 square feet or more shall pay the rate times the number of 10,000 square foot increments comprising the parcel. A 20,000 square foot parcel shall pay 2 times the rate. A 25,000 square foot parcel shall pay 2.5 times the rate.
   (B)   Rates and charges for operation of the stormwater utility shall be established pursuant to § 50.02.
(Am. Ord. 82, 4th Series, passed 12-5-2016)
§ 54.03 ADMINISTRATION.
   The City Administrator or his or her designee shall have administrative control of the stormwater utility. The City Administrator shall, from time-to-time, make recommendations to the City Council for the efficient and orderly operation of the stormwater system. The Administrator shall make recommendations to the City Council for inclusion in the Five-Year Capital Improvement Plan regarding the maintenance and improvement of the stormwater system.
(Am. Ord. 82, 4th Series, passed 12-5-2016)
§ 54.04 EXEMPTION.
   Public rights-of-way shall be exempt from stormwater utility fees.
(Am. Ord. 82, 4th Series, passed 12-5-2016)
§ 54.05 PURPOSE, SCOPE AND DEFINITIONS.
   (A)   Purpose. The purpose of this chapter is to establish standards and requirements for conservation practices and planning activities designed to control or reduce point and non-point source stormwater pollution, soil erosion, sedimentation, and illicit discharges that may occur within the city.
   (B)   Scope. Any person, business entity, state agency, or political subdivision proposing a land disturbance activity impacting one acre or more of land within the city shall apply to the city for the approval of the Stormwater Pollution Prevention Plan (SWPPP). No land shall be disturbed until the plan is approved by the city and conforms to the standards set forth herein. This chapter also develops regulations to manage illicit stormwater discharge within the city.
   (C)   Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and to give this chapter its most reasonable application. For the purpose of this chapter, the words "must" and "shall" are mandatory and not permissive.
      BEST MANAGEMENT PRACTICES (BMPS). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions and other management practices published by state or designated area-wide planning agencies. Acceptable BMPs are identified in the current version of The Minnesota Stormwater Manual. BMPs must be adapted to the site and can be adopted from other sources. However, they must be similar in purpose and at least as effective.
      CITY. Any city official with authority, such as but not limited to, administration, City Council, City Engineer, Inspections Department, law enforcement and public works officials.
      CONTAMINATED. Containing a harmful quantity of any substance.
      CONTAMINATION. The presence of or entry of any substance which may be deleterious to the public health and/or the quality of the water into the public stormwater system, waters of the state, or waters of the United States.
      COSMETIC CLEANING. Cleaning done for cosmetic purposes to the exterior of buildings, motorized vehicles, parking lots, recreational vehicles or similar activity, it does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws.
      DEVELOPER. Any person, business entity, state agency, or political subdivision thereof, engaged in a land disturbance activity.
      DEVELOPMENT. Any land disturbance activity that changes the site's runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration.
      EROSION. Any process that wears away the surface of the land by the action of water, wind, ice or gravity.
      EROSION PREVENTION. Measures employed to prevent erosion.
      EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site, it does not include temporary stockpiles or surcharge areas of clean sand, gravel, concrete or bituminous, which have less stringent protection. Once soil is exposed, it is considered "exposed soil," until it meets the definition of "final stabilization."
      FINAL STABILIZATION. All soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a minimum density of 70% has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed.
      HARMFUL QUANTITY. The amount of any substance that will cause pollution of waters of the city, state or nation that will cause lethal or sub-lethal adverse effects on the representative, sensitive aquatic monitoring organisms residing in waters.
      ILLICIT DISCHARGE. A discharge to the MS4 that is not composed entirely of stormwater, except for those discharges exempted under § 54.12.
      LAND DISTURBANCE ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this government's jurisdiction, including construction, clearing and grubbing, grading, excavating, transporting and filling of land. Within the context of this rule, land disturbance activity does not mean:
         (a)   Minor land disturbance activities, such as home gardens, tilling, planting or harvesting of agricultural and horticultural crops, repairs and maintenance work, unless such activity requires a permit.
         (b)   Emergency work to protect life or property, and emergency repairs. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city's requirements as soon as possible.
         (c)   Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops.
      MOBILE COMMERCIAL COSMETIC CLEANING. Power washing, steam cleaning and any other mobile cosmetic cleaning operation of vehicles and/or exterior surfaces engaged for commercial purposes.
      MS4 PERMIT. The Minnesota Pollution Control Agency (MPCA) permit issued to the city for monitoring and maintaining water quality in its MS4. The Environmental Protection Agency has promulgated the National Pollution Discharge Elimination System, Phase II stormwater rules. The MPCA has delegated the responsibility to administer the National Pollution Discharge Elimination System, Phase II stormwater permit system to MS4 communities, Pollution Discharge Elimination System, Phase II stormwater rules. The MPCA has delegated the responsibility to administer the National Pollution Discharge Elimination System, Phase II stormwater permit system to MS4 communities.
      MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances, including sidewalks, municipal streets, driveways, curb and gutter, ditches, channels, retention basins, catch basins or similar stormwater inlets, and/or any other conveyance delivering water to the public storm sewer collection and delivery system.
      NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (§§ 301, 318, 402 and 405) and 33 U.S.C. §§ 1317, 1328, 1342 and 1345.
      OWNER. The person or party possessing the title of the property on which the land disturbing activities will occur; or if the land disturbing activities is for a lease holder, the party or individual identified as the lease holder; or the contracting government agency responsible for the land disturbing activities.
      PERMITTEE. A person or persons, firm, or governmental agency or other institution that signs the application submitted, and is responsible for compliance with the terms and conditions of this permit.
      POLLUTION. The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any waters of the state or the MS4, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
      REDEVELOPMENT. Any construction activity where, prior to the start of construction, the areas to be disturbed have 15% or more of impervious surface(s).
      SEDIMENT. The product of an erosion process; solid material, both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind or ice, and has come to rest on the earth's surface, either above or below water level.
      SEDIMENT CONTROL. Methods employed to prevent sediment from leaving the site.
      SEDIMENTATION. The process or action of depositing sediment.
      STABILIZED. The exposed ground surface has been covered by appropriate materials that prevent erosion from occurring. Grass seeding is not stabilization until it's established.
      STORMWATER. Precipitation runoff, stormwater runoff, snow melt runoff, and any other surface runoff and drainage.
      STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan for stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site, non-point pollution.
      WATERS OF THE STATE. 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, that are contained within, flow through, or border upon the state, or any portion thereof.
      WETLAND or WETLANDS. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 82, 4th Series, passed 12-5-2016; Am. Ord. 153, 4th Series, passed 10-3-2022)
§ 54.06 EROSION PREVENTION AND SEDIMENT CONTROL PLAN.
   All plans shall be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, and the filing or approval requirements of relevant watershed districts, watershed management organizations, ditch authorities, soil and water conservation districts, or other regulatory bodies.
   (A)   Required. Every applicant for a building permit, excavation permit, plumbing permit or subdivision approval that involves any land disturbing activities within the city shall submit an erosion prevention and sediment control plan to the city. No land shall be disturbed until the plan is approved by the city and conforms to the standards set forth herein.
   (B)   General criteria for Erosion and Sediment Control Plan for sites less than one acre. Shall be designed to avoid erosion on the site and to capture sediment before it leaves the site. All off- site tracking shall be removed by the end of the business day unless otherwise authorized by the city.
   (C)   All SWPPPs for sites one acre or larger shall meet or exceed the requirements of the MN General Permit to discharge stormwater associated with Construction Activity No. MN R100001 in place at the time of submittal as modified below:
      (1)   All grading plans and building site surveys must be reviewed by the city for the effectiveness of erosion control measures in the context of site topography and drainage.
      (2)   Easements. If a stormwater management plan involves directing some or all of the site’s runoff, the applicant or his designated representative shall obtain from adjacent property owners any necessary easements or other property interests concerning the flowing of such water.
   (D)   NPDES Construction Site Permit. Any construction activity that disturbs 1 or more acres is required to obtain a separate NPDES Construction Site Permit from the Minnesota Pollution Control Agency (MPCA). A copy of this permit and erosion and sediment control plan shall be submitted to the city.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016; Am. Ord. 153, 4th Series, passed 10-3-2022)
§ 54.07 REVIEW OF PLAN.
   (A)   Site plans for new development and redevelopment of any kind will be assessed for stormwater quantity control and stormwater quality management. No permits shall be issued until a site plan meeting the requirements of this section has been submitted by the applicant.
   (B)   The applicant shall submit information adequate for the city to evaluate if the plans meet the requirements of the section.
   (C)   The city shall complete a review of the erosion and sediment control plan within 14 calendar days of receiving the plan from the developer.
      (1)   Permit required. If it determines that the plan meets the requirements of this chapter, the city shall issue the appropriate permit valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of the plan.
      (2)   Denial. If it determines that the plan does not meet the requirements of this chapter, the city shall not issue a permit for the land disturbance activity.
   (D)   City inspections and enforcement. The city shall conduct inspections on a regular basis to ensure that the plan is properly installed and maintained. In all cases, the inspectors will attempt to work with the developer to maintain proper erosion and sediment control at all sites. In cases where cooperation is withheld, enforcement action(s) shall be taken by the city until erosion and sediment control measures meet the requirements of this chapter. An inspection may be needed before work can commence. Inspections are required as follows:
      (1)   Before any land disturbing activity begins.
      (2)   As necessary or required during construction.
      (3)   At the completion of the project.
   (E)   The city reserves the right to conduct other random inspections during the course of the project to ensure compliance with the plan.
   (F)   Inspections and maintenance of temporary and permanent BMPs shall be performed by the applicant during construction.
   (G)   Inspections and maintenance shall meet or exceed the criteria listed in the MN General Permit to discharge stormwater associated with Construction Activity No. MN R100001 except as modified below:
      (1)   All off-site tracking shall be removed by the end of the business day unless otherwise authorized by the city.
      (2)   The application shall provide site access during construction to the city for compliance inspections and shall make applicant’s records of maintenance and inspections available to the city upon request.
         (a)   The city shall notify the applicant of deficiencies identified during city inspections.
         (b)   The applicant shall correct deficiencies identified by the city within the time-frame requested by the city.
         (c)   Where cooperation is withheld, construction stop orders may be issued by the city, until all erosion and sediment control deficiencies are corrected to the satisfaction of the city.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016; Am. Ord. 153, 4th Series, passed 10-3-2022)
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