(A) Purpose.
(1) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also requires the maintenance of sewers and ditches and the dredging of lakes and ponds.
(2) Consequently, the following regulations have been adopted to safeguard water quality, reduce flooding, reduce soil erosion, protect aquatic habitat, and protect the general safety and welfare of the community.
(B) General requirements.
(1) City Engineer approval required before disturbance. No land shall be disturbed until the site plan, stormwater pollution prevention plan, and stormwater management plan are approved by the City Engineer and conforms to the standards set forth herein.
(2) Stormwater pollution prevention plan.
(a) All parties responsible for construction site activities encompassing one acre of land or more, including those less than one acre that are part of a larger common plan of development or sale, must adhere to the soil erosion and sedimentation control standards and specifications of this chapter, the city’s current MS4 Permit, and the city’s engineering design standards for stormwater management.
(b) Erosion and sediment control plans shall also be consistent with the NPDES construction general permit, as amended, and the filing or approval requirements of the Waseca Soil and Water Conservation District.
(3) Stormwater management plan.
(a) All parties responsible for a project that creates and reconstructs to a combined total of one acre or more of impervious surfaces must adhere to the stormwater management standards and specifications of this chapter, the city’s current MS5 Permit, and the city’s engineering design standards.
(b) Stormwater management plans shall also be consistent with the NPDES construction general permit, as amended, and the filing or approval requirements of relevant watershed districts, watershed management organizations, soil and water conservation districts or other regulatory bodies.
(c) Unless otherwise exempted by this chapter, the stormwater management plan must indicate whether stormwater will be managed on site or off site and, if on site, the general location and type of practices.
(C) Master documents.
(1) The design of all post-construction stormwater BMPs shall meet the requirements outlined in the city’s current MS4 Permit, the city’s engineering design standards for stormwater management, and the site’s corresponding NPDES construction general permit.
(2) The following documents are incorporated into this section by reference:
(a) The Small Municipal Separate Storm Sewer Systems General Permit (MS4 Permit) issued to the city by the Minnesota Pollution Control Agency. The current and active version of this general permit, as amended, is incorporated into this chapter by reference.
(b) The city’s engineering design standards for stormwater management. The standards shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. The city’s current engineering design standards for stormwater management, as amended, are hereby incorporated into this chapter by reference.
(D) Maintenance plan and agreement. Every stormwater management plan must also include a maintenance plan and maintenance agreement that documents all responsibilities for operation and maintenance of all private stormwater treatment practices. The responsible party shall enter into a maintenance agreement with the city that documents all responsibilities for operation and maintenance of all private stormwater treatment practices. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. The maintenance agreement shall be executed and recorded against the parcel. The maintenance agreement and maintenance plan shall be submitted to the city along with the stormwater management plan. The stormwater maintenance agreement shall be in a form approved by the city shall describe the inspection and maintenance obligations of this section and shall, at a minimum:
(1) Designate the responsible party, which shall be permanently responsible for maintenance of the structural or nonstructural measures;
(2) Pass responsibility for such maintenance to successors in title;
(3) Grant the city and its representatives the right of entry for the purposes of inspecting all stormwater treatment practices;
(4) Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party;
(5) Include a maintenance plan that contains, but is not limited to the following:
(a) Identification of all structural stormwater treatment practices.
(b) A schedule for regular inspection, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff.
(c) Identification of the Responsible Party for conducting the inspection, monitoring, and maintenance for each practice.
(6) Identify a schedule and format for reporting compliance with the maintenance plan to the city.
(E) Inspection of stormwater facility.
(1) Inspection programs shall be established on any reasonable basis, including but not limited to:
(a) Routine inspections;
(b) Random inspections;
(c) Inspections based upon complaints or other notice of possible violations;
(d) Inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants;
(e) Inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES permit; and
(f) Joint inspections with other agencies inspecting under environmental or safety laws.
(2) Inspections may include but are not limited to:
(a) Reviewing maintenance and repair records;
(b) Sampling discharges;
(c) Surface water;
(d) Groundwater;
(e) Material or water in drainage control facilities; and
(f) Evaluating the condition of drainage control facilities and other stormwater treatment practices.
(3) When any new stormwater treatment practice is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer, or combined sewer, the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
(4) The City Engineer or designated representative shall have the right to inspect all stormwater management facilities during construction and at any time thereafter. It shall be the responsibility of the developer or property owner to obtain any necessary easements or other property interests to allow access to the stormwater management facilities for inspection and maintenance purposes.
(F) Records of installation, inspections, and maintenance activities. The responsible party shall make records of the installation, inspections, and all maintenance and repairs of the stormwater management and treatment practices, and shall retain the records for at least three years. These records shall be made available to the city annually during inspection of the stormwater practices and at other reasonable times upon request.
(G) Failure to provide inspection records or maintain practices. If a responsible party fails or refuses to provide inspection records or meet the requirements of the maintenance agreement, the city, after reasonable notice, may conduct an inspection or correct a violation of the design standards or maintenance needs by performing all necessary work to place the stormwater practices in proper working condition. In the event that the stormwater practice becomes a danger to public safety or public health, the city shall notify the responsible party in writing. Upon receipt of that notice, the responsible party shall have thirty days to perform maintenance and repair of the facility in an approved manner. After proper notice, the city may specially assess the owner(s) of the stormwater practices for the costs of conducting an inspection, maintenance, and repair work, and any applicable penalties, and those costs shall be assessed against the property and collected along with ordinary taxes by the county.
(H) Enforcement. The City Engineer is authorized to cause the provisions of this chapter to be properly enforced through the proper legal channels.
(1) Notice of violation. When the city determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(a) The name and address of the owner(s);
(b) The address when available or a description of the land upon which the violation is occurring;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
(f) A statement that the determination of violation may be appealed to the City Manager for a final determination by filing a written notice of appeal within 15 days of receiving the notice of violation.
(2) Stop work order. Persons receiving a stop work order will be required to halt all construction activities. This stop work order will be in effect until the city confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
(3) Civil or criminal penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
(4) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county.
(Ord. 1040, passed 1-5-16; Am. Ord. 1098, passed 9-21-21; Am. Ord. 1104, passed 10-18-22)