HomeMy WebLinkAboutItem 06.fSeptember 27, 2011
Proposed Action
Staff recommends adoption of the following motion: Move to approve ordinance amending
Title 7 of the Lakeville City Code.
Overview
During their annual review of the City's MS4 report, the Minnesota Pollution Control Agency
(MPCA) indicated that the City's current ordinance did not include requirements relating to the
disposal of illicit discharge into the existing storm sewer system. The MS4 Permit requires that
the City Code include an ordinance that addresses illicit discharge and its disposal. The
proposed ordinance has been drafted by the City Attorney based on direction from the MPCA
and is approved by the MPCA.
The ordinance defines illicit discharge and establishes minimum standards and requirements
for disposal. The ordinance regulates stormwater runoff. The ordinance prohibits illegal
disposal and dumping into the City's stormwater management system and prohibits illicit
discharges and connections into the stormwater management system. The ordinance
authorizes inspection and monitoring of the stormwater management system and authorizes
the suspension of access to the stormwater system under specified circumstances.
Primary Issues to Consider
• Without the development of an Illicit discharge ordinance the City of Lakeville would be
noncompliant with the MPCA permit.
Supporting Information
• Ordinance amending Title 7
• Summary ordinance
McKenzie L.
Environmental Resources Manager
Item No.
OCTOBER 3, 2011 CITY COUNCIL MEETING AGENDA ITEM
AN ORDINANCE AMENDING TITLE 7
OF THE LAKEVILLE CITY CODE
CONCERNING STORMWATER
Financial Impact: SO Budgeted: YIN: Source:
Related Documents (CIP, ERP, etc.):
Notes:
7 -16 -1: Purpose.
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 7
OF THE LAKEVILLE CITY CODE CONCERNING
STORMWATER
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION L Title 7 of the Lakeville City Code is amended by adding Chapter 1.6 to provide
as follows:
CHAPTER 7. STORMWATER MANAGEMENT
The purpose of this Chapter is to set forth the minimum requirements for stormwater that will diminish
threats to public health, safety, public and private property and natural resources of the community and
meet the requirements of appropriate regulatory agencies by establishing standards.
7 -16 -2: Definitions.-
Construction activity is disturbance to the land that results in a change in the topography,
existing soil cover (both vegetative and non - vegetative), or the existing soil topography that may result
in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters
or drainage systems. Examples of construction activity include clearing, grading, filling, excavating,
building construction and landscaping.
Hazardous materials are any materials which because of quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or
potential hazard to human health, safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
Illicit discharge is any direct or indirect non- storiuwater discharge to the storm sewer system,
except as exempted in subsection 7 -16 -3, stormwater and urban runoff control.
Illicit connection is any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the storm drain system including any nonstormwater discharge
including sewage, process wastewater, and wash water 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.
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MPCA is the Minnesota Pollution Control Agency.
NPDES is the National Pollutant Discharge Elimination System; the program for issuing,
modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water
Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33,
Sections 1317, 1328, 1342, and 1345 authorizing the discharge of pollutants to water of the United.
States.
Pollutant is any substance which, when discharged has potential to or does:
(1) Interfere with state designated water uses;
(2) Obstruct or cause damage to surface waters;
(3) Change water color, odor or usability as a drinking water source through causes not
attributable to natural processes affecting surface water or subsurface processes affecting
groundwater;
(4) Add an unnatural surface film on the water;
(5) Adversely change other chemical, biological, thermal or physical conditions in any
surface water:
(6) Degrade the quality of groundwater; or
(7) Harm human life, aquatic life or terrestrial plant and wildlife.
Pollutants may include dredged soil, solid waste, garbage, wastewater, chemical waste,
biological materials including yard waste and animal waste, rock, sand, dust, industrial waste,
sediment, nutrients, toxic substances, pesticide, herbicide, fertilizer, trace metal, automotive fluid,
petroleum -based substances, oxygen - demanding material, fecal colifornn and pathogens, wastes and
residues that result from constructing a building or structure and noxious or offensive matter of any
kind.
Sewage is any water -cap. ied domestic waste, exclusive of footing and roof drainage of any
residence, industry, agriculture or commercial establishment whether treated or untreated and includes
the liquid wastes produced by bathing, laundry and culinary operations; and from toilets and floor
drains.
Sewer system means pipelines or conduits, pumping stations and force mains and all other
constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or
other wastes to a point of ultimate disposal.
Storm sewer system is a conveyance or system of conveyances that is owned and operated by
the city or other entity and designed or used for collecting or conveying stormwater.
Stormwater as defined under Minnesota Rule 7077.0105, subpart 41(b) means "precipitation
runoff, stormwater runoff, snow melt runoff, and any other surface runoff and drainage."
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Stormwater Pollution Prevention Plan (SWPPP) is a stormwater and erosion and sediment
control plan containing the requirements of this Chapter, that when implemented will decrease soil
erosion on a parcel of land and off -site non -point pollution. It involves both temporary and permanent
controls.
Wastewater is defined as liquid wastes, usually water that has been used, as for washing,
flushing, or in a manufacturing process, and so contains waste products, collected in a sewer system
and conveyed to a treatment plant for processing.
7 -16 -3 • Stormwater and urban runoff control.
(a) All water entering the storm drain system will be protected from illegal disposal and dumping
and illicit discharges and connections.
(1)
Illegal disposal and dumping.
a. No person shall leave, throw, deposit, discharge, dump, place, leave, maintain, or
keep any substance upon any street or sidewalk, or any element of the storm sewer
system, or upon any public or private plot of land, 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 landscape material into
any surface water, buffer, street, sidewalk or element of the storm sewer system.
(2) Illicit discharges and connections,
a. No person shall cause any illicit discharge to enter the storm sewer system or any
surface water unless such discharge:
1.. Consists of nonstormwater discharge that is authorized by an NPDES point
source permit obtained from the IMI.PCA; or
2. Is associated with fire fighting activities or other activities necessary to protect
public health and safety.
b. Dye testing is an allowable discharge, but requires a verbal notification to the city
prior to the time of the test.
c. The following discharges are exempt: water line flushing or other potable water
sources, landscape irrigation or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains, uncontaminated pumped ground
water, foundation or footing drains, crawl space pumps, air conditioning
condensation, springs, noncommercial washing of vehicles, natural riparian habitat or
wetland flows, dechlorinated swimming pool water and any other water source not
containing a pollutant.
d. No person shall use any illicit connection to intentionally convey a nonstormwater
discharge to the city's storm sewer system.
e. The construction, use, maintenance or continued existence of illicit connections to the
stain' sewer system is prohibited. This prohibition includes, without limitation; illicit
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connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(b) Any owner or occupant of property within the city shall comply with the following requirements.
(c)
(1) Recreational vehicle sewage shall be disposed of to a proper sanitary waste facility,
(2) For pools, water shall sit seven (7) days without the addition of chlorine to allow for
chlorine to evaporate before discharge.
(3) Mobile washing companies (carpet cleaning, mobile vehicle washing, etc) shall dispose of
wastewater to the sanitary sewer.
(4) Fuel, chemical residue, household hazardous waste or other types of potentially harmful
material shall be disposed of properly.
(5) 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.
(6) 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 leaks, spills or discharges.
Any facility subject to a MPCA General Stormwater Permit for Industrial Activity shall comply
with all provisions of such permit including the creation of a SWPPP. Proof of compliance with
said permit may be required in a forrrn acceptable to the city.
(d) Construction site operators must comply with provisions of all appropriate permits. The
following measures must be adhered to on all construction sites.
(1) Concrete truck washout shall be conducted according to the requirements of the MPCA
General Stornwater Permit for Construction Activity.
(2) Waste such as discarded building materials, concrete truck washout, chemicals, petroleum
products, litter, and sanitary waste at the construction site shall be stored and disposed of
appropriately. The guidelines below should be followed concerning debris storage and
disposal.
(
a. Daily cleanup of construction site shall be performed to ensure that all titter is
contained in an appropriate enclosure or container so as not to accumulate on the
ground.
b. Operators must keep solid waste materials in either a container or an enclosed waste
collection area.
c. Empty and unused chemical containers must be disposed of in accordance with label
instructions.
d. Potentially hazardous waste must be separated from non - hazardous waste.
e. Recycling of waste materials is encouraged.
f. All construction site wastes must be disposed of at authorized disposal facilities.
Sanitary waste facilities shall be provided on site and be located as far as practical from
storm sewer inlets and surface waters on the construction site.
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(4) Chemicals, paint, petroleum, fertilizer and pesticides must be stored in a covered enclosure
and as far as practical from surface waters on the construction site.
(e) As soon as any person responsible for a facility or operation has information of any known or
suspected release of materials that are resulting or may result in illegal discharges or pollutants
discharging into the storm sewer system, said person shall take steps to ensure the discovery,
containment, and cleanup of such release. in the event of a release of hazardous materials, said
person shall immediately notify emergency response agencies of the occurrence. In the event of a
release of non - hazardous materials, said person shall notify the city no later than the next
business day.
(f) Access to buildings and sites for inspection, monitoring and dye testing.
The city has the right to require the stormwater discharger to install monitoring equipment
as necessary.
Unreasonable delays in allowing the city access to a building or site is a violation of this
Chapter.
If the city has been refused access to any part of the building or site from which stormwater
is discharged, and 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 or sample to verify compliance
with this Chapter 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.
(g) Suspension of storm sewer system access.
(1) The city may, without prior notice, suspend storm sewer system discharge access to any
building or site when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the environment, or to
the health or welfare of persons, or to the storm sewer system or surface waters.
(2) Failure to comply with a suspension order issued in an emergency will result in any process
deemed necessary to prevent or minimize damage to the stoiin sewer system or surface
waters, or to minimize danger to persons.
(3) Any building or site with discharge to the storm sewer system that is in violation of this
Chapter may have storm sewer system access terminated if such termination would abate or
reduce an illicit discharge.
SECTION 2. This ordinance shall be effective immediately upon its passage and publication.
ADOPTED this day of , 2011 by the City Council of the City of
CITY OF LAKEVILLE
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Lakeville, Minnesota.
ATTEST:
Charlene Friedges, City Clerk
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BY:
Mark Bellows, Mayor
SUMMARY ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 7
OF THE LAKEVILLE CITY CODE
CONCERNING STORMWATER
This ordinance establishes minimum standards and requirements for stormwater. The
ordinance regulates stormwater and urban runoff. The ordinance prohibits illegal disposal and
dumping into the stormwater system and prohibits illicit discharges and connections into the
stormwater system. The ordinance authorizes inspection and monitoring of stormwater system
and authorizes the suspension of access to the stoiiiiwater system under specified circumstances.
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk's regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota, this
day of , 20I 1.
ATTEST:
Charlene Friedges, City Clerk
Doc. #159977
RNK:9127 /2011
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor