Subd. 1. Administration. The MS4 Administrator is authorized to administer, implement and enforce the provisions of this chapter.
Subd. 2. Discharge to MS4 Prohibited.
A. A person commits a violation if the person introduces or causes to be introduced into the Redwood Falls MS4 any discharge that is not composed entirely of storm water.
B. The following are considered exempt discharge activities from enforcement action for a violation of Subd. 2.A. above:
1. A discharge authorized by, and in full compliance with a site specific NPDES/SDS permit such as a storm water management plan permit for construction activities;
2. A discharge or flow resulting from fire fighting by the Fire Department;
3. Agricultural storm water 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 pollutant;
12. A discharge or flow from individual residential car washing;
13. A discharge or flow from a riparian habitat or wetland;
14. A discharge or flow from cold water (or hot water with prior permission of the MS4 Administrator) used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant or any other harmful cleaning substance; or
15. Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filter backwash is prohibited.
C. No exemption shall be allowed under Subd. 2.B. above if:
1. The discharge or flow in question has been determined by the MS4 Administrator to be a source of a pollutant or pollutants to the waters of the state or to the MS4;
2. Written notice by the MS4 Administrator 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.
D. A person commits a violation if the person introduces or causes to be introduced into the MS4 any harmful quantity of any pollutant.
Subd. 3. Connection of Sanitary Sewer Prohibited. The connecting of a line conveying sewage to the MS4 or allows such a connection to continue shall be considered a violation.
Subd. 4. Nuisances.
A. An actual or threatened discharge to the MS4 that violates or would violate this chapter is hereby declared to be a nuisance.
B. A line conveying sewage or designed to convey sewage that is connected to the MS4 is hereby declared to be a nuisance.
Subd. 5. Emergency Suspension of Utility Service and MS4 Access.
A. Providing there are state regulations restricting the interruption of service, the city may, without prior notice, suspend water service, sanitary sewer service and/or MS4 discharge access to a person discharging to the MS4, waters of the state or waste water treatment plant when the suspension is necessary to stop an actual or threatened discharge which:
1. Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
2. Presents or may present imminent and substantial danger to the MS4 or waters of the state.
B. When the MS4 Administrator determines that city-provided water and/or sanitary sewer service needs to be suspended pursuant to Subd. 5.A. above, the MS4 Administrator is empowered to order the suspension.
C. As soon as is practicable after the suspension of service or MS4 discharge access, the MS4 Administrator shall notify the violator of the suspension in person or by certified mail, return receipt requested, and shall order the violator to cease the discharge immediately. When time permits, the MS4 Administrator will attempt to notify the violator prior to suspending service or access.
D. If the violator fails to comply with an order issued under Subd. 5.C. above, the MS4 Administrator 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 the public.
E. The MS4 Administrator shall not reinstate suspended services or MS4 access to the violator until:
1. The violator presents proof, satisfactory to the MS4 Administrator, that the noncompliant discharge has been eliminated and its cause determined and corrected;
2. The violator pays the city for all costs incurred by the city in responding to, abating and remediating the illicit discharge or threatened discharge; and
3. The violator pays the city for all costs the city will incur in reinstating service or access.
F. A violator whose service or access has been suspended or disconnected may appeal the enforcement action to the MS4 Administrator, in writing, within ten days of notice of the suspension.
G. The city may obtain an assessment against the property to recover its response costs.
H. The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
Subd. 6. Non-Emergency Suspension of Utility Service and MS4 Access.
A. The city may terminate the city-provided water supply, sanitary sewer connection and/or MS4 access any person discharging to the MS4 in violation of this chapter, if the termination would abate or reduce the illicit discharge.
B. The MS4 Administrator will notify a violator of the proposed termination of its water supply, sanitary sewer connection and/or MS4 access. The violator may petition the MS4 Administrator for a reconsideration and hearing before the City Council.
C. The city shall not reinstate suspended services or MS4 access to the discharger until:
1. The violator presents proof, satisfactory to the MS4 Administrator, that the noncompliant discharge has been eliminated and its cause determined and corrected; and
2. The violator pays the city for all costs incurred by the city in reinstating service or MS4 access.
D. The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, or a prerequisite for, taking other action against a violator.
E. A person commits a violation if the person reinstates water service, sanitary sewer service and/or MS4 access to premises terminated pursuant to this chapter, without the prior approval of the MS4 Administrator.
(Ord. 117, Third Series, passed 6-3-2008)