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§ 54.12 NOTIFICATION OF FAILURE OF THE PLAN.
   The city shall notify the permit holder of the failure of the erosion prevention and sediment control plan's measures.
   (A)   Initial contact. The initial contact will be with the party or parties listed on the application and/or the plan's contacts. Twenty-four hours after notification, the city, at its discretion, may begin corrective work as necessary. The city shall first attempt to provide notification in writing. If initial notification is verbal, it shall immediately be followed by a written notification. It is the responsibility of the permit holder to have a designated person available at all times for purposes of notification within the above-stated, 24-hour period.
   (B)   Erosion off-site. If sediment breaches the perimeter of the site, the permittee shall immediately develop and implement a cleanup and restoration plan within 24-hours of obtaining the adjoining property owner's permission. If, after making a good-faith effort to notify the adjoining property owner, the developer has been unable to establish contact, the responsible party may proceed with corrective work. If, at the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may do the remedial work required. When restoration to wetlands and other resources are required, the applicant shall be required to work with the appropriate agency to ensure that the work is done properly.
   (C)   Erosion into streets, wetlands or water bodies. If eroded soil (including tracked soils from construction activities) enters streets, wetlands or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
   (D)   Failure to do corrective work. When an applicant fails to conform to any provision of this chapter within the time stipulated, the city may take the following actions, but are not limited to:
      (1)   Issuing a stop-work order, withholding the scheduling of inspections, and/or the issuance of a certificate of occupancy.
      (2)   Revoking any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction.
      (3)   Correcting the deficiency or hiring a contractor to correct the deficiency.
      (4)   Requiring reimbursement to the city for all costs incurred in correcting stormwater pollution control deficiencies. If payment is not made within 30 days after the city incurs costs, the city will halt all work on the project site and assess any reimbursement costs to the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081 to challenge the amount or validity of assessment.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016) Penalty, see § 54.98
§ 54.13 ILLICIT DISCHARGE PROHIBITED.
   (A)   A person commits a violation if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of stormwater.
   (B)   A person commits a violation if the person introduces or causes to be introduced into the MS4 any harmful quantity of any substance.
   (C)   The following are considered exempt discharge activities from enforcement action for a violation:
      (1)   A discharge authorized by, and in full compliance with a site specific NPDES permit such as a Stormwater Pollution Prevention Plan Permit for construction activities;
      (2)   A discharge or flow resulting from fire fighting by the Fire Department;
      (3)   Agricultural stormwater runoff;
      (4)   A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine or any other chemical used in line disinfection;
      (5)   A discharge or flow from lawn watering, or landscape irrigation;
      (6)   A discharge or flow from a diverted stream flow or natural spring;
      (7)   A discharge or flow from uncontaminated pumped groundwater or rising groundwater;
      (8)   Uncontaminated groundwater infiltration;
      (9)   Uncontaminated discharge or flow from a foundation drain, sump pump, or footing drain;
      (10)   A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;
      (11)   A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollution;
      (12)   A discharge or flow from a riparian habitat or wetland;
      (13)   A discharge or flow from water used in street washing or cosmetic cleaning that is not a contaminated soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; or
      (14)   Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filter backwash is prohibited.
   (D)   No exemption shall be allowed if:
      (1)   The discharge or flow in question has been determined by the city to be a source of a pollutant or pollutants to the waters of the state or to the MS4;
      (2)   Written notice of the determination has been provided to the discharger; and
      (3)   The discharge has continued after the expiration of the time given in the notice to cease the discharge.
(Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 82, 4th Series, passed 12-5-2016)
§ 54.14 CONNECTION OF SANITARY SEWER PROHIBITED.
   A person commits an offense if the person connects a sanitary sewer line conveying or discharging a harmful quantity of pollutant to the MS4, or allows such a connection to continue.
(Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 82, 4th Series, passed 12-5-2016)
§ 54.15 ABROGATION AND GREATER RESTRICTIONS.
   This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(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)
§ 54.16 BACK YARD DRAINS.
   Purpose. The city finds that it is necessary to allow the drainage of water from some back yards to prevent pooling and other effects of standing water. The purpose of this section is to regulate the maintenance of these drains.
   (A)   Drains installed as part of a new street construction or by the city. If a back yard drain was installed as a part of a new street project, or was installed by the city to alleviate ponding issues, the city shall have an easement to enter the property in order to maintain the drain, make changes to the drain, or repair the drain. The easement area shall include the area necessary to maintain the structure and the piping.
   (B)   Drains installed by citizens or parties other than the city. If the drain and piping is installed by any entity other than the city, the property owner in which the structure and pipes are located shall assume responsibility for the maintenance and functionality of the structure and subsequent piping, this shall include the point of connection in to the city utility service. The property owner shall submit a construction plan to the city for review and approval, showing the size and location of any new private back yard drain. The property owner agrees to hold harmless the city for any damage that the structure, piping or connection to city utilities may have on any other property, or the city's utility that are the result of the actions or inactions of the property in the installation, maintenance, lack of maintenance, of the structure, piping and connection.
(Ord. 112, 4th series, passed 1-22-2019)
§ 54.98 ENFORCEMENT RESPONSE PROCEDURE.
   Enforcement Response Procedure. The city has adopted an Enforcement Response Procedure Document that includes penalties for Illicit Discharges of Pollutants which is hereby referenced as part of this chapter.
(Ord. 82, 4th Series, passed 12-5-2016)