(A) Purpose. The purpose of this section is to control, reduce, and to the extent possible, eliminate storm water pollution along with soil erosion and sedimentation within the city. It establishes standards and specification for conservation practices and planning activities, which minimize storm water pollution, soil erosion, and sedimentation.
(B) Scope. The provisions of the waste controls and illicit discharge and inspections and enforcement portions of this section apply to all areas within the city at all times. All other provisions of this section shall apply to all sites on which a land disturbance activity occurs or has occurred since the date of the enactment of this section.
(C) Definitions. Unless specifically defined below, the words or phrases used in this section shall have the same definition as is in the current NPDES General Construction Stormwater Permit MNR100001. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words SHALL and MUST are always mandatory and not merely directive. For the purpose of this section, certain terms and words are hereby defined as follows:
EMERGENCY ACTION. Any action of the city needed to abate, remedy, or correct a condition that presents or may present an imminent or substantial danger to the health or welfare of persons downstream, or substantial danger to the environment.
ILLICIT CONNECTIONS. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency, or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system unless such discharge is from:
(a) Water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water.
(b) Flow from firefighting, and other discharges specified in writing by the City Engineer as being necessary to protect public health and safety.
(c) Discharges associated with dye testing. However, this activity requires a verbal notification to the City Engineer prior to the time of the test.
(d) Any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), 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 drain system.
LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city's jurisdiction, including construction, clearing and grubbing, grading, excavating, transporting and filling of land. Within the context of this section, LAND DISTURBANCE ACTIVITY does not mean:
(a) Minor land disturbance activities, such as home gardens and an individual's home landscaping, repairs, and maintenance work, which will not result in sediments entering the storm water system;
(b) Activities involving movement of less than 200 cubic yards of soil and disturbing a surface area less than 10,000 square feet that will not result in sediments entering waters of the state;
(c) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops; or
(d) Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city's requirements as soon as possible.
MPCA CONSTRUCTION STORMWATER GENERAL PERMIT (CSW PERMIT). Permit MNR100001 authorizing the discharge of storm water associated with construction activity issued by the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES)/State Disposal System Permit Program. CSW PERMIT shall refer to the most current general permit in effect at the time of plan submittal.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). A permit program administered by the United States Environmental Protection Agency and authorized under the Clean Water Act of 1972, to regulate point source discharge of pollutants to waters of the United States.
OWNER. Any person holding title to or having a divided or undivided interest in the property or site.
OWNER REPRESENTATIVE. A contractor or other agent of an owner who is responsible for implementation of a Small Site Erosion Control Plan or Storm Water Pollution Prevention Plan. The OWNER REPRESENTATIVE shall be as identified on the application for a CWS Permit or watershed district permit. An OWNER REPRESENTATIVE is responsible to inform the owner of the owner's financial obligations in the event the representative fails to properly implement a Small Site Erosion Control Plan or Storm Water Pollution Prevention Plan.
SMALL SITE. A site on which a land disturbance activity occurs involving the disturbance of less than one acre of surface area.
SMALL SITE EROSION CONTROL PLAN. Erosion control plan developed in accordance with the requirements of the watershed district rules pertaining to erosion control on construction sites smaller than one acre.
STORM WATER POLLUTION PREVENTION PLAN or SWPPP. An erosion and sediment control plan developed in accordance with the requirements of the MN General Permit to Discharge Stormwater Associated with Construction Activity No. MN R100001 in place at the time of submittal.
WATERSHED DISTRICT. The Heron Lake Watershed District or Okabena-Ocheda Watershed District, whichever district has jurisdiction over the site.
(D) Waste controls and illicit discharge.
(1) Illegal disposal.
(a) No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility.
(b) No person shall intentionally dispose of grass, leaves, dirt, or other landscape debris into a water resource buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, wetland, flood control channel, canal, storm drain or any fabricated natural conveyance.
(2) Illicit discharges and connections.
(a) No person shall cause any illicit discharge to enter the municipal storm water system.
(b) No person shall use any illicit connection to intentionally convey non-storm water to the city storm water system.
(3) Good housekeeping provisions. Any owner or occupant of property within the city shall comply with the following good housekeeping requirements:
(a) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain system may occur. This section shall apply to both actual and potential discharges.
(b) Storage of materials, machinery, and equipment.
1. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff or discharge to a storm water system.
2. Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain or collect leaks, spills, or discharges without discharge to the storm water system.
(c) Removal of debris and residue. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which is located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste shall not be place in a trash container.
(d) Commercial, institutional, and non-NPDES permitted industrial facilities storing salt and salt-containing materials outdoors must meet minimum standards for storage and handling.
1. Designated salt storage areas must be covered or indoors;
2. Located outside of areas likely to flood or to be exposed to storm water or snowmelt runoff;
3. Located on an impervious surface; and
4. Protection practices to reduce exposure when transferring material in designated salt storage areas such as but not limited to sweeping, diversions, and/or containment must be implemented.
(E) Permanent storm water management systems and erosion and sediment control.
(1) No land disturbing activity on any site other than a small site shall be conducted prior to obtaining coverage under the CWS Permit specific to the project.
(2) Erosion and sediment controls on all sites other than small sites shall meet or exceed the requirements of the MN General Permit to Discharge Stormwater Associated with Construction Activity No. MN R100001 in place at the time of submittal as modified below:
(a) All grading plans and building site surveys must be reviewed by the city for the effectiveness of erosion control measures in the context of site topography and drainage.
(b) Easements. If a storm water management plan involves directing some or all of the site’s runoff, the applicant or designated representative shall obtain from adjacent property owners any necessary easements or other property interests concerning the flowing of such water.
(3) Erosion control on small sites shall, at a minimum, meet the requirements of the rules of the watershed district.
(4) No land disturbing activity that requires a city permit shall be conducted before all required watershed district and MPCA permits required for the project have been obtained.
(5) Storm water controls.
(a) Sites that disturb less than 1.0 acres shall be designed to control runoff rate so as to not cause downstream flooding or erosion.
(b) Sites that disturb 1.0 acre or more shall provide permanent BMPs, with highest preference given to green infrastructure techniques and practices necessary to meet the following conditions on the site of construction activity to the maximum extent practicable.
1. Storm water release rates and volume from the site on an annual average basis shall not increase over the predevelopment 24-hour two-year, ten-year and 100-year peak storm discharges rates, based on the last ten years of how that land was used. Also accelerated channel erosion must not occur as a result of the proposed activity.
2. Permanent best management practices for sites where the sum of new and reconstructed impervious surface is 1.0 or more acres shall be designed to meet the requirements for post-construction storm water management as described in the MN Small Municipal Separate Storm Sewer Systems General Permit No. MNR040000 in place at the time of submittal.
3. Applicants shall provide documentation showing rate, volume, and water quality compliance. Calculations shall be by a methodology listed in the MPCA Stormwater Manual or other method approved by the city.
(F) Oil and grease control. Where the potential for pollution by oil, grease, or both, exists, the city may require installation of an oil and grease removal device designed to handle the volume and type of material anticipated.
(G) (1) Permanent BMPs installed to fulfill the requirements of this section shall be maintained in compliance with the approved maintenance plan. Where no plan is in place they shall be maintained in compliance with accepted Industry Standard and MPCA recommendations. No permanent BMPs shall be removed or altered in such a way to decrease effectiveness without:
(a) Authorization of the city; and
(b) Providing new or improved structural storm water best management practices providing or exceeding that amount lost due to the alteration or removal.
(2) Inspections and maintenance of temporary and permanent BMPs shall be performed by the applicant during construction.
(3) Inspections and maintenance shall meet or exceed the criteria listed in the MN General Permit to Discharge Stormwater Associated with Construction Activity No. MN R100001 except as modified below:
(a) All off-site tracking shall be removed by the end of the business day unless otherwise authorized by the city.
(b) The application shall provide site access during construction to the city for compliance inspections and shall make applicant’s records of maintenance and inspections available to the city upon request.
1. The city shall notify the applicant of deficiencies identified during city inspections.
2. The applicant shall correct deficiencies identified by the city within the timeframe requested by the city.
3. Where cooperation is withheld, construction stop orders may be issued by the city, until all erosion and sediment control deficiencies are corrected to the satisfaction of the city.
(4) It shall be the responsibility of the applicant to obtain and dedicate to the city any necessary property interests to allow access to the storm water management facilities for inspection and maintenance purposes.
(5) Where the City Council authorizes the construction of private storm water management facilities, the applicant shall in an agreement to be recorded against the properties being developed provide the following:
(a) List all permanent BMPs covered by the agreement.
(b) Designate the responsible party for inspection and maintenance of each BMP.
(c) Detail a maintenance plan for each BMP.
(d) Provide access in perpetuity for inspection of the facilities by the city.
(e) Provide that if upon written notice by the city that corrective actions are required the responsible party fails to make the necessary corrective action. The city may enter the property and perform the required maintenance with the cost of such maintenance to be paid by the property owner.
(f) If the expense is not paid. the expense will be made a special assessment against the property concerned.
(H) Plan review.
(1) The SWPPP or Small Site Erosion Control Plan and applicable permit application for any land disturbing activity that requires a building permit or other development permit shall be submitted with the application for such a permit. The permit application shall be considered incomplete until a complete SWPPP or Small Site Erosion Control Plan is submitted.
(2) Each SWPPP or Small Site Erosion Control Plan shall be reviewed by the City Engineer for compliance with required standards. Any SWPPP found to not substantially meet all requirements shall be returned to the owner or owner representative for correction. No city permits for land disturbance will be issued until a revision meeting the required standards is received and reviewed by the City Engineer.
(3) Modifications to a SWPPP or Small Site Erosion Control Plan shall be submitted to the city for review.
(4) Plan Review by the City Engineer or delegated staff shall not relieve the property owner and contractor of responsibility or liability for compliance with required permits from MPCA and the watershed.
(I) Inspections. Inspections as defined in this provision do not fulfill the inspections and maintenance requirements as defined in the NPDES Permit for Construction Activities.
(1) The city may conduct inspections of any site on which a land disturbing activity is occurring on a regular basis to monitor erosion and sediment control practices. In all cases the inspectors will attempt to work with the owner or owner's representative to maintain proper erosion and sediment control at all sites. In cases where cooperation is withheld, construction stop-work orders may be issued by the city until erosion and sediment control measures meet the requirements of this section.
(2) The city may conduct inspections of all privately-owned storm water treatment systems and devices at any reasonable time.
(3) The city may enter upon any premises subject to regulation under this section as often as may be necessary to determine compliance with this chapter.
(4) An owner shall promptly allow the city and its authorized representatives, upon presentation of credentials to:
(a) Enter upon any premises for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys as;
(b) Bring such equipment upon any premises as is necessary to conduct such inspections, surveys and investigations;
(c) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of an NPDES Storm Water Permit;
(d) Inspect storm water pollution control measures; and/or
(e) Sample and monitor any items or activities pertaining to storm water discharges.
(5) Any temporary or permanent obstruction to the safe and easy access of such an inspection shall be promptly removed upon the inspector's request. The cost of providing such access shall be born by the owner.
(6) If a facility owner or operator has security measures in force which require proper identification and clearance before entry into its premises, the facility owner or operator shall make the necessary arrangements to allow access to representatives of the city.
(7) If the city has been refused access to any part of the premises from which storm water is discharged, and he/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) Enforcement response procedures.
(1) Actions to ensure compliance until final stabilization has been achieved. The city may take the following action in the event of a failure by owner or owner representative to meet the terms of this section:
(a) The City Engineer may issue a written stop-work order upon his or her determination that construction, excavation or any other activity regulated by this section is taking place in violation of an NPDES Storm Water Permit for Construction Activities, a watershed district permit, or this section. The stop-work order shall detail the violations, the remedies necessary to correct the violations, and the time frame allowed in which the property owner is to correct the violations.
(b) Failure on the part of the contractor, owner, or other permittee to address the issue detailed in the written stop-work order within the timeframe indicated in the stop-work order may result in the city arranging to have the work completed by others, the cost of which will be the responsibility of the permittee.
(c) The order shall also indicate that the property owner has ten business days from the receipt of the stop-work order to appeal the order to the City Council.
(d) The Clerk shall, on or before September 1 next following completion of maintenance or repair, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. § 429.101 against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as Council may determine in each case.
(2) Bring actions against the owner to require maintenance and repair of any privately-owned storm water management system.
(K) Response time and notification.
(1) For all land disturbing activities until final stabilization has been achieved.
(a) The schedule for inspection, maintenance, and repair of all erosion and sediment control measures shall be conducted as required in the NPDES Storm Water Permit for Construction Activities and Watershed District rules.
(b) If erosion breaches the perimeter of the site, the owner or owner representative shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, may more than seven calendar days go by without corrective action being taken. When restoration to wetlands and other resources are required, the applicant shall work with the appropriate agency to ensure that the work is done properly.
(c) If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The owner or owner representative shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
(d) Should the owner or owner representative fail to respond to the failure of a sediment or erosion control measure as required herein, the city may initiate actions to conduct remedial and corrective actions required. Any notification required will be to the owner or owner representative. Except during an emergency action, 48 hours after notification by the city or 72 hours after the failure of erosion control measures, whichever is less, the city at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the owner or owner representative, the city has been unable to establish contact, the city may proceed with remedial and corrective work.
(2) Maintenance and repair of a privately-owned storm water management systems.
(a) The inspection, maintenance, and repair of all privately-owned storm water management systems shall be conducted as required in the NPDES Storm Water Permit for Construction Activities.
(b) Should the owner fail to maintain and repair a privately-owned storm water management system as required herein, the city may initiate actions to conduct required maintenance and repairs. Any required notification shall be by certified mail to the owner. The city, at its discretion, may begin maintenance or repairs at any time following the expiration of the following time periods allowed for the owner to complete all required maintenance or repairs:
1. Within 365 calendar days of the owner's receipt of a notification to remove accumulated sediment from a retention basin;
2. Within 60 calendar days of the owner's receipt of a notification to perform any repair or maintenance, other than removal of accumulated sediment from a retention basin, needed to remedy a condition that is not resulting in erosion or a visible release of sediment. Such notification shall be mailed on or before October 1 of each year; and/or
3. Within 14 calendar days of the owner's receipt of a notification to perform any repair or maintenance needed to remedy a condition that is resulting in erosion or a visible release of sediment.
(3) Emergency action. Notwithstanding any other provisions of the section, the city may enter property to repair, alter, or remove any erosion or sediment control measure or storm water management system as needed to abate, remedy, or correct a condition that presents or may present an imminent or substantial danger to the health or welfare of persons downstream, or substantial danger to the environment. During such a condition the city may take immediate action, and then notify the owner or owner representative as soon as possible.
(4) Illicit discharge.
(a) All illicit discharge including illicit connections to the municipal system is hereby declared to constitute a public nuisance and shall be immediately ceased.
(b) City to take corrective action. The city may cause corrective action as deemed necessary to correct illicit discharge and correct any damage caused by the illicit discharge, and it shall keep a record of the cost of such correction action and the private property from which the illicit discharge originated.
(c) Cost of corrective action to be assessed. The City Manager shall, upon direction of the Council, and on receipt of the information provided for in the preceding division, extend the cost of such corrective action as a special assessment against the lots or parcel of ground where the illicit discharge originated, and such special assessments shall at the time of certifying taxes to the County Auditor be certified for collection as other special assessments are certified and collected.
(d) Administrative fee. Failure of the owner or tenant of the private property from which the illicit discharge originated in the allotted time may result in the issuance of an administrative fee. Regardless of who occupies the property, the owner of the private property is ultimately responsible for illicit discharge originating from the property and is responsible for payment of administrative fees. The administrative fee will be set by resolution of the City Council. It is a misdemeanor for the owner to fail to pay the administrative fee within 30 days of receiving written notice of the fee being assessed. The administrative fee and misdemeanor violation for failing to pay the fee are not exclusive remedies for illicit discharge.
(e) Continuing violations. Each day illicit discharge occurs is a continuing violation of this section and shall constitute a separate offense. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section.
(f) Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. The city may recover all attorney’s fees, court costs and other expenses associated with enforcement of this section, including sampling and monitoring expenses.
(Ord. 1083, passed 3-23-15; Am. Ord. 1146, passed 9-23-19; Am. Ord. 1189, passed 11-14-22)