HomeMy WebLinkAbout2011-267 Prohibiting Illicit Discharge and Illicit Connection to Storm Sewer System CrCy of Carcoran
Caunty of Hennepin
State af Minnesota December 19,2011
ORD�NANCE NQ. 2�11-257
Mfltio�By: G�ach
Seeanded By: Cossette
,:�N ORDINANCE TO PROHIBIT ILLICZT DISCHARGE AND ILLTCIT CONNECTION TO
THE STOi21�T SEWER SYSTEI��
THE CITY COT�NCIL OF CORCORAN ORDAIN�:
Ti�le V. Public Wqrl�s
CHAPTER 5Q: STORN�WATER ILLTCIT DISC]HARGE AND ILLICIT CONNECTrONS TO
THE STOR.I�� SE`'VER SYSTEM
50.01 PURP�SE AND INTENT
This ordinance is established to promote �he healfh, safety and general welfare of the citizens of
Corcaran by regulating non-stormwater discharges to the City's storm drainage system, knawn
formaIly as the rr�unicipal separate storrn draina�e system{MS4}. The ordinance establishes m�thods
for controlling the introduction of pollutants inta tlae I�fS4 �o comply wi#h#he requirements of the
Nationa�Pollutant Discl�arge Elimination Systea�a (NPDES}permit process.
SQ.02 STATUTOItY AUTHORIZA'TION
This ordinance is adnpted pursuant to Minnesota �tatute §4G2.351.
50.03 FINDINGS
The City CounciI hereby finds that non-storm��ater discharges to the City's municipal separate storm
drainage system�nay contain lligher 3evels of pollutarits. These pollutanfis can e��tier in�o receiving
�s�vater bodies and adversely affect the public health, safery and genera] w-elfare by impactang water
quality, ex'eating n�isances, i�npairing other b�neficial uses o'environmenta] z-esources and hindering
the abilzty of the City to preserve and enhance its natural resources.
50.04 DEFINIT�ONS
TI�e following terms s1�a11 have the�neanings given ta tl�em un�ess anoth�r meani��g is clear from the
cantext:
Aut�orized Enforcement Agency: Employees or designees of the direc#or of the m�.inicipal agency
desi�rnated to enfarce this subchapter.
Bes�1V�anagement Praetices or BMPs: Sediment and erosion cant�ol and stormwater���anagement
practices used to mitigate adverse effects of land use activities,runoff, sediinentatian and non-point
source pollution on stream banlc erosian, stream hydralagy and surface and groundwatear
replenish�ent.
Page 1 of 9
Gty af Corcoran
County of Nennepin
Stace of Minnesota Decem6er 19, 2011
ORDTNANCE NO. 2011-�267
Cieazt Water Act: The Federal Water Poll��ion Control Act{33 U.�.C. §§ I251 et seq.), as it may be
amended from tin�e to time.
Disc�arge: Adding, introducing, releasing, leal�ing, spilIing, casting, throwing oz emitting any
pollutant or placing any pollutant in a locatian where it is likeiy to polI�zte any waters of the sta#e
located in the City.
Erosion: The pracess by which ground surface is woin aw�ay by action of wind, w=ater, ice or gravity.
Ground�vate�': Water that collects beneath fihe surface .
Hazardous Materials: Any material, inc]Uding any substance, waste, or combination#hereof, whic�
because of its quanCity, concen�ration, ar physical, cl�ernical or infectious characte.ristics ir�a}r case ar
significantly contribute to, a substantial present or potential hazard to human health, safe#y, property,
or the environment when improperly treated, stored, tr�nspa�ed, disposed o�', or otl�erwise managed.
Illicif Cpnnection:
a. Any drain or conveyance, whether on the s�rface ar suhsurface, that allo�vs an illicit discharge
to enter the storm drainage system, including any non-storm water discharge such as sewage,
process wastewater or wash r�ater and any connections from indoor drains and sinks,
regardless of whether such connection had been previously a1lo�red,permitted, or approved by
an authoz-ized enforcement age;ncy; or
b. Any drain or conveyance connected from a residential, commercial or industrialland use to the
starm drainage system that has�ZOt been documented in plans, znaps, or equivalent recoxds or
appro�Ted by an authorized enfarcement agency.
�llic�t l]�s�harge: An�c�irect or indirect non-storm tvater discharge to the storm drainage system,
exce�at as exempted in section S 1.07.
Industriat Activity: Activity subject to NPDES industrial permits as defined in 40 C.F.R. pt.
122.25{b)(14), as it xraay be amended frozn�ime to time.
��PCA: Minnesota Pollution Control Agency.
Non-storm Water Discharge: Any discharge to the storm drair�age system tha�is not composed
ent�rely of storrrt water.
NPDES: The National�allutant Discharge Elimination System, the program for issuin�, modifying,
revoking,reissuing,terminating, monitoring, and enforcing permits�ursuant to ,Sections 301, 318,
4p2 and�OS of�he Clean Water Act(33 C.F.R. §� 1317, 1328, 1342, and 1345), authorizing ihe
discharge of pollutants to waters of the United �tates.
Yerson: Any individual, firm, corporation,partnership, franchise, assaciation or g;ovez�a�ental entity.
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City of Carcoran
Caunty of Hennepin
Stpte of Minnesota December 19,2011
ORDINANCE NO. 2011-267
Poili�tant: Any substance which, when discharged, 13as the potential to or does irlter�ere with state-
designated water uses; obstructs or causes daxnage to waters of the sta#e; changes water colar, odor, or
usability as a drinking water sot�rce throug�causes not atfiributable to natural strea�-� pzocesses
affect�ng surface water or s�bsur�ace processes a�fecting groundwater; adds a��unnatural surface fiIm
to the wa�er; adversely changes ot�er chemicat,biological, thermal, or physicaI conditions in any
surface v�<ater or stream channel; degrades the quality of groundvvater; or haxms human life, aquatic
life,#errestrial plant or wildlife. Pollutants inclL�de,b�at are not lianited to, dredged soil, solid waste,
incinerator resid�e, garbage, wastewater, vvastewater sludge, chemical waste, biologrcal m.aterials,
radiqactive materials, roc�C, sand, dust,industrial waste, sediment,nutrients, toxic substances,
pesticides, herbicides, trace metals, auto�rzoti<<e fIuids, petroleum$ased substances and oxy�en-
derrzanding materials.
Pol[ute: To discharge pollutiants into the waters of the state. Pollution n�eans the direct or indirect
distribution of pollutants into the vtiaters of the state.
�rert�ises: Any building, lot,parce� of land or portion af Iand, whether impro�ed or unimproved
including adjacent sidewalks and�aarking strips.
State Designated Wat�r Uses: Uses specified in the State of Minrzesota water quality standards.
Storm Drainage Systean: A coz�t-eyance or syst�in of conveyances that is owned and c�perated by t�e
City or other entity and designed or used for col3ecting or conveying storm water. This includes but is
not limited to any roads with draina�e systems, muzaicipal streets, gutters, curbs, irllets,piped storm
drains, punn�aing facilities,retention and detention basins, natural and human-rnade or altered drainage
channels,reservoirs and other drainage structures.
Storm Water: Precipitation runoff, storm water runoff, snow melt runoff, and any other surface:rt.tnoff
and drainage or as otherwise de�ned by Minnesota Rule 7077.0 I 45, subpart 41 (b).
Staran�Water Pollution Prevention�'lan: A document that describes the best manageinent practices
and activities to be implemer�ted by a person or b�siness to identify sources of pallution or
contamination at a site ar�d the actions to eliminate or reduce pallutant dischar�es to storrai watex,
storm water canveyance systems, and/or receiving waters to the maximum extent practicab�e.
Surface Water: All waters of tJ1e sta�e other than grobindwater, which includes, but is not Iimited to,
ponds, la�Ces,rivers, strearns, tidal and nontidal wetlands, public ditches,#ax ditches and puvlic
drainage systems except those designated and used to collect, convey or dispose of sanitary sewage.
Waste�vater: Any water or other liquid, other tk�ai� tancontarnina�ed storm��vater, discharged from a
faci�i�y.
Waters of the State: A11 streams, lakes, ponds, ma�-shes, watercourses, waterways, wells, spnngs,
reservoirs, aquifers, irrigation systeanns, draznage systems and alI other bodies or accurrzulations of
water, surface ar underground, natuz-al or artificial,public or private, which are contained within, flow
Page 3 of 9
City of Corcaran
Couni-y of Nenneprn
5rate nf Minnesora fJecember 19,2011
ORDINANCE NO. 2011-26'7
through, or border upon the state or any portion thereof or as otherwise defned by Minnesota Statute
�115.Q1, subdavision 22.
50.OS ADMINZ�TRAT�ON
The City engineer and/ar other City represei�statives and staff are autharized to ad�ninister,
implement and enforce tl�e pz-ovisians of this section.
50.06 ILLEGAL DISPQSAL AND DU��.�ING OF SUBSTANCES AND i�TATERIALS
a. No persan shall thror�r, deposit,place, leave, zx�aintain, nr keep any substailce upon any street,
alley, sidevralk, sfarm draat�, anlet, catch basin conduit or drainabe structure,business p�ace
or upon any public or private plot o� land, so that the same might be or become a
poliutant or hazardous material, except if secuz-ed within a container or bag or contained
wi#hin a lawfully established waste dispasal faciait}°.
b, No person shall intentionally dispose of grass, leaves, dirt or landscape rnaterial info a water
resource,buffer, streat,road, alley,catch basi��, culve��, curia, gutter, inlet, ditch,natural
vvatercoUrse, flood control channeI, ca�xai, storrn darain or az�y fahricated natural conveyance.
50.07 TLLIC�T DISCHARGES AND COI�'NECTIONB TO THE STORM DRAINAGE
SYSTEM
a. No person shall cause any illicit discharge to enter the starm drainage system or any
surface water unless suc� discharge:
i. Consists of non-s#o�-�r�water that is autharized by an NPDES point source permit
abtained from the I�1PCA;
ii. Is associated with fre-�igk�ting activ�ties or other activities necessary to protect
pubIic health and safety; ar
iii. Is one of the followin�exempt discharges: v�rater line €l�shirag or
other potable water sources; Iandscape irrigation or Iawn watering; diverted stream
flows; rising graundwater; groundwater infiltration to a storm drain; uncantaminated
pu�xaped �roundwater; foundation or footing drains (not includin� active groundwater
dewatering systems); crawl s�ace pu�nping; air conditioning eondensation; spr�ngs;
non-commercial washing of vehicles; natiural riparia� habitat or tivetlarld flow;
emptying af dechloriz�ated s�.�ir�ming pools; and any other water dischar�e that does
not contain a polIutant.
b. Dye testing is an allowable discharge. Verbal notification to the City at least 4$ hours
prior to tlae tiz�ae of the test is required.
c. No person shall use any illacit cannection to intentionally convey non-storm��-ater to the
stnrm drainage system.
Page 4 of 9
City of Carcoran
County af Nennepin
State af Minnesota December 19, �011
ORD�NANCE��0. 2011-267
d. No person shall connect or convey txrater fronz floor drains ta the storm drai��a�e system.
e. The construction, use, maintenance or contin�.ied existence of illicit connections to the stqrir�
drainage system is prohibited. This prflhibitiozi expressly includes, bu� is not limit�d to, illicit
connections made in th�past,regardless of r�Xhether�he connection had been pre�°iously
allowed, permitted, or approved by an autharized enforcement agEncy,
f. No person shall cannecf a line canveyir�g sewage to the starm drainage system, or allaw
such a connecfion to continue.
50.08 D�SCHARGE PREVENT�ON REQUIREI���ENTS
Any a�rner or occupant of property tivithin the City sha11 comply with t�e foIlowing requiren�ents
to prevent discl�arges:
a. No person shall l�ave, deposit,
discharge, d�mp, or otI�ervvise expose any che�nical or septic waste in an area where discharge
to a street or the stoxxr�drainage system may occur. This prohibiiion shall a�p1y to both actual
and po�ential discharges.
b. rndividual sewage treatment systems must be maintained in order to prevent failure, which
has #he potential to pollute surface water. No part of any individual se�n-age treatrtient
system requiring on-land or in-�round disposal of waste shall be located in an area where
effl�ent could i�nmediately ar gradually reac� a body af water due to the existing physicat
cl�aracteristics o�the site or the systei�,
c. Recreationai vehicle s�wage shall be disposed o�at a proper sanitary waste �acility. Waste
must not be discharged in an area where drainage to streets ar drainage syste3n�nay occuz'.
d. Mobile washing compani�s, such as carpet cleaning and mobi�e�-ehicle wasl�ir�g s�rvices,
shall not discharge wastewater to the streets or stonn drainage syste�n.
e. Objects sucl�as motar vehicle parts that contain grease, oiI or ot�er hazardous substances and
unsealed xeceptacles containing hazardous materials shall not be stored in areas susceptible
to runoff. Any rriachinery or equipment that is ta be repaired or maintained in areas
susceptibte to runoff shall be placed i�z a confined area to contain any lealcs, spills, or
dascharges.
f, Debris and residue shall be removed, as required below:
{i) All motar ti-ehicle parking lots and paved private s�reets shall be sw�pt, at a minimu�n
of once a year in tl�e spring to remove del�ris. Such debris s13a11 �e collected and
be disposed of proper�y.
Fage 5 of 9
City of Carcoran
County of Hennepin
State of Minnesota December 19, Z011
ORDINANCE NO. 2011-267
{ii) Fuei and cherriical residue or other t}�pes of poten�ially harmful material, suck� as
animai waste, garbage or batteries shall be remaved as soon as possibte and dispased
of properly. Hausehold hazardous waste must be dispased of through the county
collection program or at any other authorized disposal site. Household hazardous
waste shalI not be placed in a trash container.
SD.09 INDUSTRIAL OR CONSTRUCTION ACTIV�TY DTSCHARGES TO THE STOR1�1
DR�IN��GE SYSTEl��
a. Any person subject to an industrial or cons#ruction ac#ivity NPDES storr��water dzscharge;
perrnit sha11 comply with all pravisions of such pen�nit. Proof of compliance with said permit
may be required in a form aeceptable to the City prior to the a�lowing of discharge to the
storm drainage system.
b. A�1 facilities tha#have storm water discharges assaciated with industrial activity must adhere
to tJ�e following requirements: 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 said person's
expense, additional structural and non-structural BMPs to prevent the further discharge of
pollutants to fhe storm drainage system. These BMPs shall b�part of a storm ufater pollution
prevention plan{SWl'�'P} as necessary for con�pliance with requirements of the NPDES
permit.
50.10 NOTIFTCATTON OF SPTLLS
Notwithsianding nther requirenrxer�fs of Iaw, as soon as any person responsible for a faci�ity ar
operation, or responsible far ernergency response for a facility ar operation, has information of any
I�own or suspected release of mat�rials that are resulting or anay result in ilIegal discllarges or
�ollutants discharging into the storm drainage systein, or waters of the state, said person shall take
al]necessazy steps to ensure#he discovery, containment and cleanup af suc3a release. Sn the event of
such a release of hazardaus materials, said persan shal� immedrately notify emergency response
agencies of the occurrence via emergency dispatch serviees. Tn the event of a release ofnon-
hazardous materials, said person shail notify th� City no ]ater than the next business day.
SQ.11 ACCESS TO BUYLD�NGS FOR YNSPECTION, SAMPLING,DYE TESTING AND
EXANIINATION RELATED �'O STORll�i ��ATER DISCHARGE
a. The City inust be permitted to �nter and inspect a11 buildings under this section as afte� as z-nay
be necessary to determine compliance wi#h#his section and for the�ur�ases of sarzapling, dye
testing and exaxr�inatiions that relate to the discharge of stoz�rx� �ater, If a person does not wish to
allaw the City to enter a building to conduct the required activity, he or she niay retain a pri�ate
inspectior to conduct the aetivity. The private inspector must have� credentials that are acceptable
to the City. The private inspector s�all provide the City wit�the relevant sampl�s, test results,
reports, drawings, photos, or any other infarnlatian that is being req�iested,
Page 6 of9
City of Corcoran
County of Nennepin
StQ[e af Mrnnesata December 13,�0�1
ORDINANCE NO. 2011-267
b. Upon the request ofthe City,the discharger must prnvide the City�vith cnpies n£recoxds that
relate to the discharge of stonn water.
c. The City may require the discharger to install inonitoring equipment or ather such devices as
necessary to conduct mnnitoring, sampling or dye testing of the facility's storm wa�er
discharge.
d. If the City has been refused access to any part of the�rezx�ises frarn wl�ich storm w°ater is
bein�discharged, and is able to demonstrate pr-obable cause to believe that t�ere nraay be a
violatian of t�iis section, or that there is a need to inspect, �est, examine or saa�ple as part of a
routine pxogranr�designed to verify compliance with this sectia�� ar an}� order issuet�
hereunder, or to protect the overall public hea�th, safety, and welfare of the comn�unity,then
the Ciry may see�C issuance of an adminis�-ative search warrant fro�a� any court of eompetent
jurisdiction.
50.12 SUSPENSION OF STQRIII DRAINAGE SYSTEI�•I ACCESS
a. The City anay, without pi'iar notice, suspend storm drainage s��stem discharge access fio a
person when such suspension is x�ecessary to stop an actuai or threatened diseharge that presents
or may present an imminent and substantial danger to the environment; to the public health or
welfare; ta the storrn dxainage system; or ta the waters of the state. If the vio�ator fails to comply
with a suspensian order issued in an emergency, the City may take such steps as deemed
neeessary to prevent ar miniznize damage to the star�n drainage system qr waters p�the state, or
�o minimize danger to the public.
b. Any person discharging to the stnrm drainage system in violation of this section rnay have his
or her storm drainage system access terminated if such terrr�i�ation will aUate or reduce an
illicit discharge. No person sha11 reins#ate the storm drainage system access to premises
terminated pursuant ta this section withaut the prior approval of�he City.
Sp.13 ENFORCEII•IENT
a. Notice of Violation. Whene�er t�e City finds that a person has viola�ed a prohibition or failed to
rneet a requirernent o£this section, the City may ard��' con�pliance by sending written notice of
the violatian to the responsible person. 5uch notice may require r�ithout liixzitation:
(i) The perfonmaxace nf znonitoring, analyses and reporting;
(ii) The eliminatian of illicit connections or discharges;
(iii} Discharges, practices, oz•ap�rations in viola�ion of this sectic�n to cease and
desist;
(iv} The abatement or remediation of storzr�water pollution ar cantamination
hazards and the restoration. of any affected property; and
(v) The implementation o�souz-ce control or #reatment BMPs.
Page 7 af 9
City of Corcoran
County of Nennepin
State of Minnesota December 19, 2(J11
ORD�NANCE NO. 2011-267
b. The offending pariy�nay appeal the City's notice to tl�e City Coulacal. An ap�eaI must be
brought in writi�g no later than 10 days fro�n the date of the notice,
c. I�abatement of a violation or restoration of affecied property is requirec3, the notice shall set
farth a dead�ine within which such remediation or restoration must be coznpleted. Said no#ice
shall �'urthez advise that, should the offending�arty faal to reinediate or restore v�rithin the
establisl�ed deadline, the work wilk be done by a designated governrriental agency or a
cont�'actor and#he expense thereof will be cl�aarged to the of�'ending paz-ty.
d. Tn the event that the abatement or restoration work is performed by fhe City, t11e City may
charge the violator for its costis az�d expenses associated with the woi•k. If the bi11 received
for abatement or restora�ian is not paid within 30 days, the City may drav� the aanount of
the bill from any financial g�arantees that tl�e City may be haldin� or n-zay certify Che
amount to the caunty for collection with tl�e�roperty taxes.
50.14 PENALTY
Any persnn �vho violates any pro�Tision of this section shalt be guiIty of a zx�isdemeanor and shall
be subject ta a maximum fine ar maximum period of irnpriso►�ment, ar both, as specified by
Minnesota Statutes Sec�ion 609.03. Each addifiona] day thaC the property remains in violation of ihis
section sha31 constitute a se�arate violatian of this section and may be prosecuted accordingly.
Nnthing contained herein shall pxevent t�ae City fram taking suc�i ott�er lawful action as is necessary
to prevent or remedy any violatia� of t}�is seciion, including,but not limited ta, seeking a civil
injunctian or a rest�raining ordar.
VOTxNG AYE VOTING NAY
� Gue�thner, Ken � Guenthner, Ken
� Asleson, Ricf� ❑ Asleson, Rich
� Cossette, Torn ❑ Cossette, Tom
� Gmach, George ❑ Gm�e�, George
� Milbrandt, Rosaly� ❑ Milbrandt, Rosalyr�
Whereugon, said O�dinance is hereby declared ado�ted on this 19"' da�-of llec�mber 2U11.
Kennetl� Guenthner,�°Iayor
�.TTEST:
City Seal
Page 8 of 9
City af Carcaran
County of Nennepin
5tate of Minnesota December 19,2011
ORDINANCE NO. 2011-267
J�eaztie]E�einecke—City Clerk
Page 9 of 9