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703.23. Regulations and requirements to prevent, control, and reduce Storm Water Pollutants by the use of Best Management Practices.
   Subdivision 1. Best Management Practices (BMPs). The City may adopt requirements identifying BMPs for any activity, operation, or Premises which may cause or contribute to pollution or contamination of Storm Water, the Storm Drainage System, or waters of the United States. The owner or operator of such activity, operation, or Premises shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the Storm Drainage System or Watercourses through the use of these structural and non-structural BMPs. Further, any Person responsible for a property or premise that is, or may be, the source of an Illicit Discharge, may be required to implement, at said Person’s expense, additional structural and non-structural BMPs to prevent the further discharge of Pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES Permit authorizing the discharge of Storm Water associated with Industrial Activity, to the maximum extent practicable, shall be deemed compliance with the provisions of 703.23. These BMPs shall be part of a Storm Water Management Plan (SWMP) as necessary for compliance with requirements of a NPDES Permit.
   Subd. 2. New development and redevelopment. The City may adopt requirements identifying appropriate BMPs to control the volume, rate, and potential Pollutant load of Storm Water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of Pollutants. The City shall incorporate such requirements in any planning or building- related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such permits.
   Subd. 3. Salt storage. Proper salt storage practices are required at commercial, institutional, and industrial facilities in accordance with the Minnesota Pollution Control Agency's General Permit to Discharge Stormwater Associated with Small Municipal Separate Storm Sewer Systems. The following requirements apply to all designated salt storage areas at commercial, institutional, and industrial facilities:
   (a)   Salt storage areas must be fully covered or indoors.
   (b)   Salt storage area must be located on an impervious surface.
   (c)   Practices such as sweeping, diversions, and/or containment must be implemented to reduce exposure when transferring material in designated salt storage areas.
(Added, Ord. No. 23-05)
   Subd. 4. Responsibility to implement BMPs. Notwithstanding the presence or absence of requirements promulgated pursuant to subdivisions 1 and 2 of 703.23, any Person engaged in activities or operations, or owning a Premises or property which will or may result in Pollutants entering Storm Water, the Storm Drainage System, or waters of the U.S. shall implement BMPs to the extent they are technologically achievable to prevent and reduce such Pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the Storm Drainage System or Watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. (Amended, Ord. No. 23-05)
   Subd. 5. Requirement to eliminate Illiciit Discharges. Notwithstanding the requirements of 703.21 , subdivision 2, the City Manager may require by written notice that a Person responsible for an Illicit Discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future Illicit Discharges. (Amended, Ord. No. 23-05)
   Subd. 6. Requirement to eliminate or secure approval for Illicit Connections.
   (a)   The City Manager may require by written notice that a Person responsible for an Illicit Connection to the Storm Drainage System comply with the requirements of this ordinance to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this ordinance.
   (b)   If, subsequent to eliminating a connection found to be in violation of this ordinance, the responsible Person can demonstrate that an Illicit Discharge will no longer occur, said Person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible Person's expense.
(Amended, Ord. No. 23-05)
   Subd. 7. Requirement to remediate. Whenever the City Manager finds that a discharge of Pollutants is taking place or has occurred that will result in or has resulted in pollution of Storm Water, the Storm Drainage System, or water of the U.S., the City Manager may require by written notice to the owner of the property or the responsible Person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of 703.29 through 703.33 . (Amended, Ord. No. 23-05)
   Subd. 8. Requirement to monitor and analyze. The City Manager may require by written notice of requirement that any Person engaged in any activity or owning or operating any Premises which may cause or contribute to Storm Water pollution, Illicit Discharges, or Non-Storm Water Discharges to the Storm Drainage System or waters of the U.S., to undertake at said Person's expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this ordinance. (Amended, Ord. No. 23-05)