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HomeMy WebLinkAbout0884ORDINANCE NO. 884 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 1 . Title 7 of the Lakeville City Code is amended by adding Chapter 16 to provide as follows: CHAPTER 7. STORMWATER MANAGEMENT 7 -16 -1: Purpose. 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 - stormwater 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. 159575vl RNK:09 /06/2011 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 coliform 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 - carried 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." 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 159575v1 2 RNK:09 /06/2011 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 MPCA; 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 storm sewer system is prohibited. This prohibition includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 159575v1 3 RNK:09 /06/2011 (b) Any owner or occupant of property within the city shall comply with the following requirements. (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. (c) 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 form 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 Stormwater 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 litter 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. (3) 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. (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. 1595750 4 RNK:09 /06/2011 (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. (1) The city has the right to require the stormwater discharger to install monitoring equipment as necessary. (2) Unreasonable delays in allowing the city access to a building or site is a violation of this Chapter. (3) 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 storm 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 3rd day of October, 2011, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: f4 ' Mark Bellows, Mayor Charlene Friedges, Ci t Clerk 159575v1 RNK:09 /06/2011 SUMMARY ORDINANCE NO. 884 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 stormwater 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 3rd day of October, 2011. CITY OF LAKEVILLE BY: �' r�Q� Mark Bellows, Mayor ATTEST: Charlene Friedges, City Doc. #159977 RNK: 9/27/2011 PUBLIC NOTICE SUMMARY ORDINANCE NO. 884 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7 OF THE LAKEVILLE CITY CODE CONCERNING STORMWATER This ordinance establishes mini- mum standards and requirements for stormwater. The ordinance regulates stormwater and urban runoff. The ordinance prohibits illegal disposal and dumping into the stormwater sys- tem and prohibits illicit discharges and connections into the stormwater sys- tem. The ordinance authorizes inspec- tion and monitoring of stormwater sys- tem and authorizes the suspension of access to the stormwater system under specified circumstances. A printed copy of the entire ordinance is available for inspection by any per- son during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota. this 3rd day of October, 2011. CITY OF LAKEVILLE BY: Mark Bellows, Mayor ATTEST: Charlene Friedges, City Clerk 2778166 10/13/11 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF DAKOTA ) Tad Johnson, being duly sworn on oath says that he is the managing editor of the newspaper(s) known as The Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper(s) has/have complied with all of the requirements constituting qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper(s) and was printed and published once a week for one week; it was first published on Thursday, the 13th day of October, 2011, and was therefore printed and published on every Thursday to and including Thursday, the 13th day of October, 2011, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice a bcdefghijkimnopgrstuvwxyz Subscribed and sworn to before me on this 13th day of October, 2011 t t P i R j),z4 Notary Public 1 Managing Editor JANICE ROSE SCOTT ; No*cir ,'ub!io-Minnesota My Ccmmissicn Expires Jan 31, 2014 2784166