(A) Purpose and objectives. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-stormwater discharges to the storm sewer system to the maximum extent practicable as required by state and federal law. This section 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) MS4 permit process. The objectives of this section are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system by stormwater discharges by any user.
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system.
(3) To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this section.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the city or the Minnesota Pollution Control Agency as designated to enforce this section.
BEST MANAGEMENT PRACTICES (BMPs). Techniques proven to be effective in controlling runoff, erosion and sedimentation including those documented in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (BWSR, 1988); Protecting Water Quality in Urban Areas (MPCA, 2000); the Minnesota Urban Small Sites BMP Manual (Metropolitan Council, 2001); the State of Minnesota Stormwater Manual (MPCA, 2005); and other sources as approved by the city, as may be amended.
CITY. The City of Osseo.
CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more and projects that disturb less than one acre if they are part of a larger common plan of development. These activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
DISCHARGE. Adding, introducing, releasing, leaking, spilling, casting, throwing, or emitting any pollutant, or placing any pollutant where it is likely to pollute public waters.
GROUNDWATER. Water contained below the surface of the earth in the saturated zone, including, without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface unconsolidated sediment or in rock formations deeper underground.
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.
ILLEGAL DISCHARGE. Any direct or indirect non-stormwater discharge to the storm sewer system, except as exempted in this section.
ILLICIT CONNECTION. An illicit connection is defined as either of the following:
(a) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm sewer system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm sewer system and any connections to the storm sewer 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
(b) Any drain or conveyance connected from a commercial or industrial land use to the storm sewer system which has not been documented in plans, maps, or equivalent records and approved by the city.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 CFR § 122.26(b)(14).
MPCA. Minnesota Pollution Control Agency.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains) owned or operated by the city and designed or used for collecting or conveying stormwater, and not used for collecting or conveying wastewater that discharges to waters of the United States.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by the state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable on an individual, group, or general area-wide basis.
NON-STORMWATER DISCHARGE. Any discharge to the storm sewer system that is not composed entirely of storm water.
PERSON. Any individual, association, franchise, organization, partnership, firm, corporation or government entity.
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 liquids, 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, and fertilizers; 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.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and boulevards.
STORM SEWER 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, infiltration, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER. Any means of precipitation runoff, storm water runoff, snow melt, and any other surface runoff and drainage.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan of BMPs 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 from leaving the site to the maximum extent practicable in accordance with the standards set forth by the MPCA and city ordinances.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility or property.
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, which are contained within, flow through, or border upon the state or any portion thereof.
(C) Applicability. This section shall apply to all water entering the storm sewer system generated on any developed or undeveloped lands unless explicitly exempted by an authorized enforcement agency.
(D) Responsibility for administration. The city and its authorized representatives are authorized to administer, implement, and enforce the provisions of this section.
(E) Illegal disposal and dumping.
(1) No person shall throw, deposit, place, leave, maintain, or keep any substance upon any street, alley, sidewalk, storm drain inlet, catch basin conduit or drainage structure, business, or upon any public or private land, so that the same might be or become a pollutant, unless the substance is in containers, recycling bags, or any other lawfully established waste disposal device.
(2) 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 conveyance.
(F) Discharge prohibitions.
(1) Illegal discharges.
(a) No person shall discharge or cause to be discharged into the municipal storm sewer system or waters of the state 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. The commencement, conduct or continuance of any illegal discharge to the storm sewer system is prohibited except as described as follows:
(b) Discharge exemptions:
(i) The following discharges are exempt from discharge prohibitions established by this section: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, 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, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (the water must be allowed to sit seven days without the addition of chlorine to allow for chlorine to evaporate before discharging to the storm sewer system), fire fighting activities, and any other water source not containing pollutants.
(ii) Discharges specified in writing by the MPCA as being necessary to protect public health and safety.
(iii) Dye testing is an allowable discharge, but requires a verbal notification to the City Engineer 48-hours prior to the start of the test.
(iv) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the MPCA or Federal Environmental Protection 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 storm sewer system.
(2) Illicit connections.
(a) The construction, use, maintenance or continued existence of illicit connections to the storm sewer system is prohibited.
(b) 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.
(c) A person is considered to be in violation of this section if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue.
(G) Suspension of MS4 access.
(1) Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend MS4 discharge access to a person when the suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to persons.
(2) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if the termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access.
(3) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city.
(H) Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of the permit. Written proof of compliance may be required prior to discharge to the city's MS4.
(I) Monitoring of discharges.
(1) The city shall be permitted to enter and inspect buildings under this section as often as may be necessary to determine compliance with this section. If a discharger does not wish to allow the city to enter a building to conduct the required activity, they 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 relevant samples, test results, reports, reports or any other information that is being requested.
(2) Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of the NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(3) The city has the right to require the discharger to install monitoring equipment as necessary. 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. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy per manufacturer's recommendations.
(4) If the city has been refused access to any part of the premises from which stormwater is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.
(J) Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices. Compliance with all terms and conditions of a valid NPDES permit shall be deemed compliant with the provisions of this section. The city will adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm sewer system, or waters of the state. The owner or operator of the activity, operation or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm sewer system or waters of the state through the use of these structural and non-structural BMPs. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at their expense, additional BMPs to prevent the further discharge of pollutants to the city's MS4.
(K) Watercourse protection. Every person owning property through which a watercourse passes, or the person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that the structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(L) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the storm sewer system, or waters of the state, this person shall take all necessary steps to ensure the discovery, containment, and cleanup of a release. In the event of a release of hazardous materials this person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, this person shall notify the city in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of the establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. The records shall be retained for at least three years.
(M) Enforcement.
(1) Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the city may order compliance by written notice of violation to the responsible person. The notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) The violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) Payment of a fine to cover administrative and remediation costs;
(f) The implementation of source control or treatment BMPs; and
(g) The deadline within which to remedy the violation.
(2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which the remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(N) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the city. The notice of appeal must be received by the city within 15 days from the date of the notice of violation. The appeal shall be heard by the City Council within 30 days from the date of receipt of the notice of appeal. The decision of the City Council shall be final.
(O) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within the deadline extended by the decision of the City Council, then representatives of the city shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the city or its designated contractor to enter upon the premises for the purposes set forth above.
(P) Criminal prosecution. Any person that violates this section shall be shall be deemed guilty of a misdemeanor and upon conviction thereof, may be subject to the maximum fine and imprisonment allowed by state law. Each such violation shall constitute a separate offense punishable to the maximum extent of the law. The authorized enforcement agency may recover all attorneys' fees, court costs and other expenses associated with enforcement of this section, including sampling and monitoring expenses.
(Ord. 2012-9, passed 5-29-2012)