8.1. SR 03-16-2015
Request for Action
To Item Number
Mayor and City Council 8.1
Agenda Section Meeting Date Prepared by
General BusinessMarch 16, 2015Brandon Wisner, Stormwater Coordinator
Item Description Reviewed by
Ordinance Amendment: Stormwater Management Justin Femrite, City Engineer
and Resolution for Summary Publication of
Reviewed by
Ordinance
Cal Portner, City Administrator
Action Requested
Adopt, by motion, Stormwater Management ordinance amendments and resolution approving summary
publication:
Chapter 30, Article VII, including Sections 30-2172 through 30-2176, of the City of Elk River
Code of Ordinances, shall be repealed.
Chapter 78, Article V, of the City of Elk River Code of Ordinances, shall be amended to add
Division 3, governing stormwater management.
Background/Discussion
The purpose of the proposed amendments is to update the city’s stormwater management requirements
to comply with minimum standards per the Minnesota Pollution Control Agency under the general
permit as a small Municipal Separate Storm Sewer System (MS4) operator. The objective is to set forth
minimum requirements for stormwater management to diminish threats to public health, safety, public
and private property, and natural resources of the community.
In addition to updating the city’s stormwater management requirements, staff recommends that these
provisions of the ordinance be moved from Chapter 30 of the city code to Chapter 78, which governs the
city’s new Stormwater Utility. Existing Sections 30-2172 through 30-2176 will be repealed and replaced by
Sections 78-501 through 78-506. Changes from existing language are shown in the proposed ordinance
and include amendments within sections:
Sec. 30-2172. – Generally
Sec. 30-2173. – Definitions
Sec. 30-2174. – Stormwater and urban runoff control
Sec. 30-2175. – Post construction stormwater management
Sec. 30-2176. – Enforcement
Addition of Financial Securities
Financial Impact
None
Attachments
Proposed Ordinance Amendments
Resolution for Summary Publication
CITY COUNCIL
CITY OF ELK RIVER
ORDINANCE NO. 15-____
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING THE CITY
CODE PROVISIONS GOVERNING STORMWATER MANAGEMENT
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Chapter 30, Article VII, including Sections 30-2172 through 30-2176, of the
Sec.
City of Elk River Code of Ordinances, shall be repealed.
Section 2. That Chapter 78, Article V, of the City of Elk River Code of Ordinances, shall be
amended to add Division 3, governing stormwater management, which shall read as follows:
Division 3. STORMWATER MANAGEMENT
Sec. 78-501. - Generally.
(a) set
a.The purpose of this article is to satisfy SWPPP obligations for a regulatory mechanism to
control stormwater pollution and illegal discharges under the statewide general permit for small
MS4s. This article sets forth minimum requirements for stormwater management to diminish
threats to public health, safety, public and private property and natural resources of the
community by establishing standards that will:
(1)
1.Protect life and property from dangers associated with flooding;
(2)
2.Protect public and private property from damage resulting from runoff or erosion;
(3)
3.Ensure site design minimizes the generation of stormwater and maximizes pervious
areas for stormwater treatment;
(4)
4.Promote regional stormwater management by watershed;
(5)
5.Protect, maintain and/or restore water quality from nutrients, pathogens, toxics and
debris;
(6)
6.Promote infiltration and groundwater recharge;
(7) Achieve a 60 percent reduction in phosphorus load rates to waters compared to no
controls for all new development, and a mean of 40 percent reduction in phosphorus load
for redevelopment areas that do not currently meet the 60 percent reduction standard and
for street reconstruction where practicable.
(b)
7.Promote water quality treatment for new development, redevelopment, and linear
construction projects.
b.No person shall develop any land for residential, commercial, industrial, or institutional uses
without having provided the stormwater management measures set forth herein to control or
manage runoff from such development. All water entering the storm drain system generated on
any developed and undeveloped lands, unless explicitly exempted by the city, shall be protected
from illegal disposal/discharge and illegal connections. Refer to the most current version of the
Elk River Stormwater Program Guide for other requirements.
c.A separate permit may be needed if the standards in this section are not incorporated into the
review of other city permits.
(Ord. No. 07-05, § 1, 6-18-2007)
30-2173
Sec. 78-502. - Definitions.
Unless specifically defined below, the words or phrases used in this article shall have the same meaning as
they have in common usage. 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.
Applicant
means
is defined as any person or entity that applies for a building permit, subdivision
means
approval, or a permit to allow land-disturbing activities. Applicant also applies to that person's
agents, employees, and others acting under this person's direction.
Best management practices (BMP's)
means
are erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling, preventing, and
minimizing the degradation of surface water, including construction-phasing, minimizing the length of
time soil areas are exposed, prohibitions, and other management practices published by state or
designated area-wide planning agencies. (Examples of BMP's can be found in the current versions of the
Minnesota Pollution Control Agency's publications, "Protecting Water Quality in Urban Areas," and,
"Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of
Urban Storm-Water and Snow-Melt Runoff on Wetlands," the United States Environmental Protection
Agency's, "Storm Water Management for Construction Activities: Developing Pollution Prevention Plans
and Best Management Practices," (as a reference for BMP's) and the Minnesota Department of
Transportation's, "Erosion Control Design Manual.")
Buffer
means a protective vegetated zone located adjacent to a natural resource, such as a water of the
state, that is subject to direct or indirect human alteration. Such a buffer strip is an integral part of
protecting an aquatic ecosystem through filtering, pollutants and providing adjacent habitat. The width of
a buffer strip is the width along each bank of a stream. Therefore, a 30-foot wide stream with 100-foot
buffer strips has a total width of 230 feet. Acceptable buffer vegetation includes preserving existing
predevelopment vegetation and/or planting locally distributed native Minnesota trees, shrubs and grassy
are
vegetation. Alteration of buffers is strictly limited. Buffer areas shall be designated with permanent
markers.
‐
Construction activity or grading activity means a disturbance to the land that results in a change in the
topography, existing soil cover (both vegetative and nonvegetative), or the existing soil topography that
may result in accelerated stormwater runoff and/or additional runoff volume, leading to soil erosion and
movement of sediment into surface waters or drainage systems. Examples of construction activity may
include clearing, grading, filling, and excavating. Construction activity includes the disturbance of land
area that is a part of a larger common plan of development or sale if the larger common plan will
ultimately disturb 5,000 square feet or more of land areas.
Developer
means a person, firm, corporation, sole proprietorship, partnership, state agency, or
political subdivision thereof engaged in a land disturbance activity.
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Discharge
means the release, conveyance, channeling, runoff, or drainage, of stormwater, including
snowmelt, from a construction site.
Energy dissipation
.
means the methods employed at pipe outlets to prevent erosion by disrupting the
laminar flow of water. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions
that are designed to prevent erosion.
Erosion
means any process that wears away the surface of the land by the action of water, wind, ice, or
gravity. Erosion can be accelerated by the activities of people and nature.
Erosion
control
Control Refers to methods and means employed to prevent erosion. Examples include;
soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction
phasing.
Erosion and sediment practice specifications or practice
means the management
procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by
either state, county, city
the State, County, City or local watershed group, whichever is more stringent.
Exposed soil areas
means all areas of the construction site where the vegetation (trees, shrubs, brush,
grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion.
This includes topsoil stockpile areas; borrow areas and disposal areas within the construction site. It does
not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed it is
considered "exposed soil," until it meets the definition of "final stabilization."
Filter strips
means a vegetated section of land designed to treat runoff as overland sheet flow. They may
be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated
cover facilitates pollutant removal and infiltration.
Final stabilization
means that all soil disturbing activities at the site have been completed, and that a
uniform perennial vegetative cover with a density of 75 percent of the cover for unpaved areas and areas
not covered by permanent structures has been established, or equivalent permanent stabilization
measures have been employed. Simply sowing grass seed is not considered final stabilization. (Examples
of vegetative cover practices can be found in the current version of the Minnesota Department of
Transportation's publication, "Supplemental Specifications to the (year of the latest update) Standard
Specifications for Construction.")
Hazardous materials means any material, including any substance, waste, or combination thereof, which
because of its 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.
Hydric soils
means soils that are saturated, flooded, or ponded long enough during the growing season
to develop anaerobic conditions in the upper part.
Hydrophytic vegetation
means Macrophytic (large enough to be observed by the naked eye) plant
life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of
excessive water content.
Illegal discharge means any direct or indirect non-storm water discharge to the storm drain system, except
as exempted in this ordinance.
Illicit connection means any drain or conveyance, whether on the surface or subsurface that allows an illegal
discharge to enter the storm drain system including but not limited to any conveyances that allow any
non-storm water discharge including sewage, process wastewater, and wash water to enter the storm
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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 that has not been documented in plans, maps, or equivalent records and approved
by the City.
Impervious surface
means a constructed hard surface that either prevents or retards the entry of
water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of
flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking
lots, storage areas, and concrete, asphalt, or gravel roads.
Land disturbance activity means 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 this government's
jurisdiction, including clearing and grubbing, grading, excavating, transporting and filling of land.
Within the context of this rule, land disturbance activity does not mean:
(1) Individual home gardens, minor landscaping, repairs, and maintenance work.
(2) Construction, installation, and maintenance of fences, signs, posts, poles, and electric,
telephone, cable television, utility lines or individual service connections to these utilities,
which result in creating under 5,000 square feet of exposed soil.
(3) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops.
(4) 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 plans, 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.
Industrial activity means any activity subject to NPDES Industrial Storm Water Permits as defined in 40
CFR, Section 122.26 (b)(14).
Municipal Separate Storm Sewer System (MS4) means the system of conveyances (including sidewalks, roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or
storm drains) owned and operated by the city and designed or used for collecting or conveying storm
water, and that is not used for collecting or conveying sewage.
Native vegetation
presettlement
means the pre-settlement group of plant species native to the local
,
region that were not introduced as a result of European settlement or subsequent human introduction.
Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of
stormwater.
Ordinary high water mark
means the boundary elevation where the vegetation changes from
predominately aquatic (Where "aquatic" broadly means that the vegetation can survive moist conditions)
to terrestrial. This elevation delineates the highest water level, which has been maintained for a sufficient
period of time to leave evidence upon the landscape, commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial. Water often reaches this elevation in
spring. For rivers and streams the ordinary high water mark is usually the top of the bank. It is less well
defined for lakes and wetlands. The definition in Minnesota Statute 103G.005, subdivision 14 says that
the " . . . "Ordinary high water level" means the boundary of waterbasins, watercourses, public waters,
and public waters wetlands, and:
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(1)
1.The ordinary high water level is an elevation delineating the highest water level that has been
maintained for a sufficient period of time to leave evidence upon the landscape, commonly the
point where the natural vegetation changes from predominantly aquatic to predominantly
terrestrial;
(2)
2.For watercourses, the ordinary high water level is the elevation of the top of the bank of the
channel; and
(3)
3.For reservoirs and flowages, the ordinary high water level is the operating elevation of the
normal summer pool.
The term "ordinary high water mark" is further defined in Minnesota Rule 6120.2500, subpart 11. The
Minnesota Department of Natural Resources' area hydrologist determines ordinary high water marks.
Owner means the person or party possessing the title of the land on which the construction activities will
occur; or if the construction activity is for a lease, easement, or mineral rights license holder, the party or
individual identified as the lease, easement or mineral rights license holder; or the contracting government
agency responsible for the construction activity.
Paved surface
means a constructed hard, smooth surface made of asphalt, concrete or other
pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots.
Permanent cover
means "final stabilization." Examples include grass, gravel, asphalt, and concrete.
See also the definition of "final stabilization."
Receiving waters means the water where the discharge goes.
Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid
wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides,
herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
Public waters means all water basins and watercourses that are described in Minn. Stat. 103G.005 subd. 15.
Receiving waters means creeks, streams, rivers, lakes, estuaries, groundwater formations, or other bodies of
water into which surface water, treated waste, or untreated waste are discharged.
Sanitary waste facility
means all property, real or personal, including negative and positive
easements and water and air rights, which is or may be needed or useful for the processing or disposal of
waste, except property for the collection of the waste and property used primarily for the manufacture of
scrap metal or paper. Waste facility includes but is not limited to transfer stations, processing facilities,
and disposal sites and facilities.
Sediment
means the product of an erosion process; solid material both mineral and organic, that is in
suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the
earth's surface either above or below water level.
Sedimentation
means the process or action of depositing sediment.
Sediment control
means the methods employed to prevent sediment from leaving the development
site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check
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dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent
sedimentation basins.
Soil
means the unconsolidated mineral and organic material on the immediate surface of the earth. For
the purposes of this document stockpile of gravel, aggregate, concrete or bituminous materials are not
considered "soil" stockpiles.
Stabilized
means the exposed ground surface after sod, erosion control blanket, riprap, or other
material that prevents erosion has covered it. Simply sowing grass seed is not considered stabilization.
Stormwater
"
under Minnesota Rule 7077.0105, subpart 41b storm water, means, “precipitation
runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage." (According to
the Federal Code of Regulations under 40 CFR 122.26 [b][13], "Storm water means storm water runoff,
snow melt runoff and surface and drainage."). Stormwater does not include construction site dewatering.
Stormwater pollution plan
control
prevention or SWPPP means a joint storm water and erosion and
4
sediment control plan that is a document containing the requirements of Section IV of the NPDES
permit, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint
pollution. It involves both temporary and permanent controls erosion prevention, sediment control, and
pollution prevention practices.
Structure
means anything manufactured, constructed, or erected, which is normally attached to or
positioned on land, including portable structures, earthen structures, roads, parking lots, and paved
storage areas.
Subdivision
means any tract of land divided into building lots for private, public, commercial,
industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as, " . . . land that
is divided for the purpose of sale, rent, or lease, including planned unit development."
Temporary protection
means short-term methods employed to prevent erosion. Examples of such
protection include: straw, mulch, erosion control blankets, wood chips, and erosion netting.
Vegetated or grassy
swales
swale means a vegetated earthen channel that conveys stormwater, while
treating the stormwater by biofiltration. Such swales remove pollutants by both filtration and infiltration.
Waters of the
state As
State as defined in Minnesota Statutes § 115.01, subdivision 22 the term ". . .
"waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which are contained within, flow through,
or border upon the state or any portion thereof."
Wet detention facility
permanent
means a manmade structure, containing a permanent pool of
water, used for the temporary storage of runoff.
Wet retention facility The same as a wet detention facility.
Wetlands
As" .
as defined in Minnesota Rules 7050.0130, subpart F, “. . . "wetlands" are those areas
that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have
the following attributes:
(1)
1.A predominance of hydric soils;
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(2)
2.Inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a
saturated soil condition; and
(3)
3.Under normal circumstances support a prevalence of such vegetation.
(Ord. No. 07-05, § 1, 6-18-2007)
30-2174
Sec. 78-503. - Stormwater and urban runoff control.
Illegal disposal/dumping.
(a)
a.
(1)
1.No person shall throw, deposit, place, leave, maintain, or keep any substance 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, so that the substance might be or
become a pollutant, except in containers, recycling bags, or other lawfully established waste
disposal facility.
(2)
2.No person shall intentionally dispose of grass, leaves, dirt, or landscape material into
a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch,
natural watercourse, flood control channel, canal, storm drain or any fabricated natural
conveyance.
(b) Illicit discharges and connections.
(1) No person shall cause any illicit discharge to enter the storm sewer system or any surface
water unless such discharge:
a. Consists of non-stormwater that is authorized by an NPDES point source permit
obtained from the MPCA; or
b. Is associated with fire fighting activities or other activities necessary to protect public
health and safety; or
c. Is one of the following exempt discharges: water line flushing or other potable water
sources, landscape irrigation or lawn watering, diverted stream flows, rising ground
water, groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains (not including active groundwater dewatering systems),
crawl space pumps, air conditioning condensation, springs, non-commercial washing
of vehicles, natural riparian habitat or wetland flows, dechlorinated swimming pools
and any other water source not containing pollutant.
(2) Dye testing is an allowable discharge, but requires a verbal notification to the city prior to
the time of the test.
(3) No person shall use any illicit connection to convey non-stormwater to the city's storm
sewer system.
(4) The construction, use, maintenance or continued existence of illicit connections to the
storm sewer system is prohibited. This prohibition expressly 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.
(5) A person is considered to be in violation of this article if the person connects a line
conveying sewage to the storm sewer system, or allows such a connection to continue.
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Good housekeeping provisions.
(c)
b. Any owner or occupant of property within the city
shall comply with the following good housekeeping requirements:
(1)
1.No person shall leave, deposit, discharge, dump, or otherwise expose any chemical
or septic waste in an area where discharge to streets or storm sewer system may occur. This
section shall apply to both actual and potential discharges.
a. Septic systems must be maintained to prevent failure.
b. No part of any individual septic system requiring on-land or in ground disposal of
waste shall be located closer than 150 feet from the ordinary high water level in the
case of DNR protected waters, or 25 feet from the wetland boundary in the case of all
other water bodies, unless it is proven by the applicant that no effluent will
immediately or gradually reach the water bodies because of existing physical
characteristics of the site or the system.
c.
a)Recreational vehicle sewage shall be disposed of at a proper sanitary waste facility.
should
Waste shall not be discharged in an area where drainage to streets or storm sewer
systems may occur.
d.
b)For pools, water shall be allowed to sit seven days without the addition of chlorine
to allow for chlorine to evaporate before discharge. Pool water discharge must be
dispersed over a vegetated area and not discharged directly into the storm sewer or
gutter.
(2)
2.Runoff of water from residential property shall be minimized to the maximum
extent practicable. Runoff of water from the washing down of paved areas in commercial or
industrial property is prohibited unless necessary for health or safety purposes and not in
violation of any other provisions in city codes.
(3)
3.Mobile washing companies (carpet cleaning, mobile vehicle washing, etc.) shall
dispose of wastewater to the sanitary sewer. Wastewater shall not be discharged where
drainage to streets or storm sewer systems may occur.
(4)
4.Storage of materials, machinery, and equipment
a.
a)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.
b.
b)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.
(5)
5.Debris and residue shall be removed, as noted below:
a.
a)All motor vehicle parking lots and private streets shall be swept, at a minimum of
once a year in the spring to remove debris. Such debris shall be collected and properly
disposed.
b.
b)Fuel and chemical residue or other types of potentially harmful material, such as
animal waste, garbage or batteries shall be removed as soon as possible and disposed of
properly. Hazardous waste must be disposed of at an appropriate disposal site and shall
not be placed in a trash container.
(d)
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Industrial or construction activity discharges.
c. Any subject to an industrial or
person
construction activity NPDES stormwater discharge permit shall comply with all provisions of
may
such permit. Proof of compliance with said permit will be required in a form acceptable to
the city prior to the allowing of discharges to the storm sewer system. All facilities that have
stormwater discharges associated with industrial activity, including construction activity must
adhere to the following guidelines:
(1)
1.The owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from accidental discharge of prohibited materials
or other wastes into the storm sewer system or watercourses through the use of structural
and non-structural BMPs.
(2)
2.Any person responsible for a property or premise, which is, the source of an illicit
discharge, shall be required to implement, at said person's expense, additional structural and
non-structural BMPs to prevent the further discharge of pollutants to the storm sewer
system. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as
necessary for compliance with requirements of the NPDES permit.
(e) Construction and building site activity. Construction sites and landscaping projects are
especially susceptible to erosion and pollution. For this reason, construction site operators must
control waste such as discarded building materials, concrete truck washout, chemicals,
petroleum products, litter, and sanitary waste at the construction site that may cause adverse
impacts to water quality. The developer shall be held responsible for adherence to these
required prevention and control measures:
(1) A designated area shall be provided on site for concrete truck washout. The area shall be
constructed so as to contain washout material and be located at least 50 feet away from any
storm drain inlet or receiving water during construction. Upon completion of construction
activities the concrete washout material will be removed and properly disposed of prior to
the area being restored.
(2) 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/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 when possible.
f. All construction site wastes must be disposed of at authorized disposal facilities.
(3) Rock construction entrances shall be constructed at all city-approved entrances.
Construction accesses not approved by the city should be adequately blocked to prevent
unwanted traffic.
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a. Site access roads shall be graded or otherwise protected with silt fences, diversion
channels, or dikes and pipes to prevent sediment from exiting the site via the access
roads.
b. Individual lots shall each be required to install and maintain a rock construction
entrance throughout building construction until a dust free access has been installed.
(4) Sanitary waste facilities shall be provided on site and be located as far from storm sewer
inlets and receiving waters as practical on the construction site.
(5) Chemicals, paint, petroleum, fertilizer, and pesticides must be stored in a covered enclosure
and as far from receiving waters as practical on the construction site.
Notification of spills.
(f) Not withstanding
d. Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible for emergency response
for a facility or operation has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into the storm sewer
system, or water of the state said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release of hazardous materials
said person shall immediately notify emergency response agencies of the occurrence via
emergency dispatch services. In the event of a release of non-hazardous materials, said person
shall notify the city no later than the next business day.
Access to buildings for inspection, monitoring and/or dye testing.
(g)
e.
(1)
1.The city shall be permitted to enter and inspect all buildings under this article as
often as may be necessary to determine compliance with this article.
(2)
2.Facility operators shall allow the city ready access to all parts of the premises for the
purposes of inspection, sampling, dye testing, examination and copying of records that relate
to the discharge of stormwater.
(3)
3.The city shall have the right to set up at any building such devices as are necessary
to conduct monitoring, sampling and/or dye testing of the facility's stormwater discharge.
(4)
4.The city has the right to require the discharger to install monitoring equipment as
necessary.
(5)
5.Unreasonable delays in allowing the city access to a facility is a violation of this
article.
(6)
6.If the city has been refused access to any part of the premises 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 and/or sample as part of
a routine inspection and sampling program designed to verify compliance with this article 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.
Suspension of storm sewer system access.
(h)
f.
(1)
1.Suspension due to illicit discharges in emergency situations. The city may, without
prior notice, suspend storm sewer system discharge access to a person when such
suspension is necessary to stop an actual or threatened discharge which presents or may
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present imminent and substantial danger to the environment, or to the health or welfare of
persons, or to the storm sewer system or waters of the state. If the violator fails to comply
with a suspension order issued in an emergency, the city may take such steps as deemed
necessary to prevent or minimize damage to the storm sewer system or waters of the state,
or to minimize danger to persons.
(2)
2.Suspension due to the detection of illicit discharge. Any person discharging to the
storm sewer system in violation of this article may have their storm sewer system access
terminated if such termination would abate or reduce an illicit discharge. A person commits
an offense if the person reinstates storm sewer system access to premises terminated
pursuant to this section, without the prior approval of the city.
Ord.
(A) Applicability
1.A City approved Stormwater Pollution Prevention Plan (SWPPP) and/or Land Disturbance
Permit shall be required prior to any construction or grading activity that meets any of the
criteria immediately below, unless otherwise exempted in this ordinance.
a.Construction or grading activity involving between 5,000 square feet and one (1) acre of
land disturbance area.
b.When any land disturbance project proposes to disturb between 5,000 square feet and
one (1) acre of land area, a land disturbance permit is required. Additionally, the
applicant shall prepare a stormwater management plan which will be reviewed by the
City Engineer, or their designee to determine if permanent stormwater management is
required.
c.Any construction or grading activity, regardless of size, that the City determines is likely
to cause an adverse impact to an environmentally sensitive area or other property.
Construction or grading activity that exceeds one (1) acre of land disturbance and is subject to
NPDES Construction Stormwater General Permit regulations is considered in compliance with
this section with an approved NPDES coverage card. Proof of NPDES coverage and the
approved SWPPP shall be provided to the City prior to construction. NPDES compliance shall
be maintained through the duration of the project. In the event that the NPDES permit is closed
or expired, Land Disturbance Permit regulations shall be followed until a final certificate of
occupancy has been provided by the City, as applicable in accordance with the development’s
zoning classification. Instances of non-compliance with NPDES regulations are subject to the
City’s enforcement procedures described at the end of this section.
(B) Exemptions
1.The following activities shall be exempt from all of the requirements of this ordinance:
a.Emergency work necessary to protect life, limb, or property.
b.Routine agricultural activity such as tilling, planting, harvesting, and associated activities.
Other agricultural activities are not exempt including activities such as construction of
structures.
(C) Land Disturbance Permit Review Process
1.Application review
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a.The applicant shall not commence any construction activity subject to this ordinance until a
permit (herein referred to as “Land Disturbance Permit”) has been authorized by the city. A
complete review of the Land Disturbance Permit application shall be done and the city will
provide written notice within fifteen (15) business days of the receipt of a complete Land
Disturbance Permit application from the applicant in accordance with Minnesota Statutes
§15.99. The city will work with the necessary state, county, and local agencies to complete
the review as appropriate. The city shall review all information in the Land Disturbance
Permit application including proposed stormwater practices, hydrologic models, and design
methodologies for compliance with this ordinance. The City may require additional
information, as necessary, prior to authorization of a permit.
2.Land Disturbance Permit authorization
a.If the city determines that the application meets the requirements of this ordinance, the city
may issue approval authorizing the project or activity. The approval shall be valid for one
year. Approval will be in written or electronic format from the city to the applicant.
3.Land Disturbance Permit denial
a.If the city determines the application does not meet the requirements of this ordinance the
application will be denied. If the application is denied, the applicant will be notified of the
denial in written or electronic format, including reasons for the denial. Once denied, a new
application shall be resubmitted for approval before any activity may begin. All building
permits shall be suspended until the applicant has an authorized Land Disturbance Permit.
4.Plan information requirements
a.The minimum information shown in the applicant’s plan shall be consistent with the erosion
and sediment control requirements in the most recent version of the NPDES Construction
Stormwater General Permit and shall include a fully completed application.
5.Modification of permitted plans
a.The applicant must amend an approved plan to include additional requirements such as
additional or modified stormwater best management practices (BMPs) designed to correct
problems whenever:
i.There is a change in design, construction, operation, maintenance, weather or seasonal
conditions that has a significant effect on the discharge of pollutants to surface water or
underground water.
ii.Inspections or investigations by site operators, local, state or federal officials indicate the
plans are not effective in eliminating or significantly minimizing the discharge of
pollutants to surface water or underground water or that the discharges are causing
water quality standard exceedances.
iii.The plan is not achieving the general objectives of minimizing pollutants in stormwater
discharges associated with the activity on the permitted site.
6.Land Disturbance Permit completion
Before work under the Land Disturbance Permit is deemed complete:
a.The permittee must submit as-builts, a long term maintenance plan and information
demonstrating that the stormwater facilities conform to design specifications as deemed
necessary by the City Engineer or designee.
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b.All soil disturbing activities at the site have been completed and all soils are stabilized by a
uniform perennial vegetative cover with a density of 70 percent of its expected final growth
density over the entire pervious surface area, or other equivalent means necessary to prevent
soil failure under erosive conditions.
c.A final certificate of occupancy has been provided by the City, as applicable according to the
zoning classification of the development.
(D) Site Design Considerations
1.Design process
a.New and redevelopment projects that disturbs more than 5,000 square feet of land area shall
be designed to incorporate erosion control and stormwater management features and to
meet the minimum requirements outlined in the most recent version of the NPDES
Construction Stormwater General Permit and in accordance with (A) Applicability 1. b.
b.Whenever possible, new development projects shall be designed using the Better Site Design
Techniques of the current version of the Minnesota Stormwater Manual. Better Site Design
involves techniques applied early in the design process to preserve natural areas, reduce
impervious cover, distribute runoff and use pervious areas to more effectively treat
stormwater runoff. Site design should address open space protection, impervious cover
minimization, and runoff distribution and minimization, and runoff utilization.
(E) Inspections and Maintenance
1.Applicant responsibilities
a.The applicant is responsible for inspections, maintenance, and record keeping during
construction for all stormwater BMPs on the site.
2.Right of entry
a.The issuance of a Land Disturbance Permit or NPDES Construction Stormwater General
Permit constitutes a right-of-entry for the city or its agent to enter upon the construction
site. The applicant shall allow the city and their authorized representatives, upon
presentation of credentials, to:
i.Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations or surveys
ii.Bring such equipment upon the permitted development as is necessary to conduct
such surveys and investigations
iii.Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the
applicable permit(s)
iv.Inspect the stormwater pollution control measures
v.Sample and monitor any items or activities pertaining to stormwater pollution
control measures
3.City inspections
a.The city reserves the right to conduct inspections on a regular basis to ensure that both
temporary and permanent stormwater management and erosion and sediment control
measures are properly installed and maintained prior to construction, during construction,
and at the completion of the project.
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(F) Maintenance Schedule
1.Generally
a.All nonfunctional BMPs must be repaired, replaced, or supplemented with functional BMPs
by the end of the next business day after discovery, or as soon as field conditions allow
access unless another time frame is specified below.
2.Perimeter control devices
a.All perimeter control devices and inlet protection devices must be repaired, replaced, or
supplemented when they become nonfunctional or the sediment reaches one-half (1/2) the
height of the device. These repairs must be made within 24 hours of discovery, or as soon as
field conditions allow access.
3.Sedimentation basins
a.Temporary and permanent sedimentation basins must be drained and the sediment removed
when the depth of the sediment collected in the basin reaches one-half (1/2) the storage
volume. Drainage and removal must be completed within 72 hours of discovery.
4.Surface waters
a.The permittee must remove all deltas and sediment deposited in surface waters, including
drainage ways, catch basins, and other drainage systems. Areas where sediment removal
results in exposed soil must be re-stabilized. The removal and stabilization must take place
within seven (7) days of discovery unless precluded by legal, regulatory, or physical access
constraints. The permittee is responsible for contacting all local, regional, state, and federal
authorities and receiving any applicable permits, prior to conducting any work in surface
waters.
5.Sediment tracking
a.All sediment that escapes the site or that is tracked onto paved surfaces must be removed
within 12 hours of discovery.
(G) Enforcement Actions
1.Notification of non-compliance
a.The City shall notify the permittee if the construction or grading activity is not compliant
with NPDES rules or City code, or is ineffective in achieving the goals of these regulations.
Notification may be verbal, written, or electronic format.
2.Corrective work
a.The permittee shall perform corrective work in the manner and time frame outlined above,
and consistent with other regulatory requirements as applicable. The maintenance schedule
and enforcement response schedule is based on the date that the City issues a notification of
non-compliance, not to be contingent upon receipt or review by the permittee.
b.The City reserves the right to perform corrective work in emergency situations at the City’s
discretion, or if the permittee fails to do so within the maintenance schedule identified
above. The permittee is responsible for reimbursing the city for all incurred costs of
. 07-05, § 1, 6-18-2007)
inspections, correspondence, and corrective actions taken. No
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permanent or temporary certification of occupancy will be issued prior to all City invoiced
costs being paid by the applicant.
3.Failure to perform corrective work
a.When an applicant fails to conform to any provision of this policy, through final completion
and/or occupancy, the City may take the following actions, subject to Enforcement process
set forth in Section 78-505:
i.Permit Revocation - Revoke any permit issued or authorized by the City to the
applicant for the site in question or any other of the applicant’s sites within the
City’s jurisdiction.
ii.Correction by the City – The City reserves the right to perform mitigation measures
to prevent public harm or nuisance, such as recovering sediment that has escaped
the site onto a City street or into a stormwater conveyance or BMP. The applicant
will be required to reimburse the City for all costs incurred in performing mitigation
work.
iii.Stop Work Order - The City reserves the right to issue a stop work order, withhold
the scheduling of inspections, and/or the issuance of a Certificate of Occupancy in
the event that other enforcement actions are not achieving the desired level of
compliance.
30-2175
Sec. 78-504. - Post construction stormwater management.
comply with the state's goal of obtaining a pollutant
The purpose of this section is to
loadingquality model that will provide, at minimum, changes in average
prevent or reduce water
annual flow volume, total suspended solids, and phosphorus.
pollution within the city after
modeling will be based on two time periods: from 1988
construction has been completed. This
(1988-1990) to the present (2000-2005), and from the present to 2020 or ultimate
section
whichever will occur first.
establishes standards for new development, redevelopment, and linear
construction projects in order to minimize the stormwater pollution, soil erosion, and sedimentation.
(a)
a.The applicant shall consider reducing the need for stormwater management performance
standards by incorporating the use of natural topography and land cover. It shall also:
1.
1.Minimize impact to significant natural features.
2.
2.Review the site for wetlands, wooded areas of significance, rare and endangered
species habitat, areas designated by the County Biological Survey (1993), and/or Elk River
Natural Resource Inventory (NRI) (December 2004). These areas should not be developed.
3.
3.Minimize impervious surface coverage to the maximum extent practicable.
4.
4.In designated shoreland areas the development shall meet the impervious surface
requirements of the shoreland ordinance regardless of conveyance systems.
5. Have a proposed design, suggested location and phased implementation of effective,
practicable storm water management measures for plans designed, engineered and
implemented to achieve the following results:
a.
5.Volume control. Designer shall be required to provide soil boring analysis to
determine the infiltration rate prior to approval of plans. The design shall meet the following
requirements depending on the type of project in accordance with the MS4 NPDES permit:
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a.New development. For new, nonlinear developments that create more than one acre of new
impervious surface on sites without restrictions, stormwater runoff volumes will be
controlled and the post-construction runoff volume shall be retained on site for 1.1
inches of runoff from all impervious surfaces on the site.
b.Redevelopment. Redevelopment projects (including linear projects), on sites without
restrictions that create new impervious surfaces shall capture and retain on site 1.1
inches of runoff from the new impervious surface and show a net pollutant reduction
for any reconstructed impervious surfaces.
6.Water Quality
b.
a.Total suspended solids. Treatment also must achieve an 80 percent removal of
suspended solids.
b.Phosphorus control. Stormwater shall be treated to remove 60 percent of the post-
development phosphorus load on an annual basis before discharge to natural water
bodies. The amount of total phosphorus removed should be modeled using the Minimal
Impact Design Standards (MIDS) calculator or an equivalent water quality modeling
program. Where water quality ponding is exclusively used to meet the phosphorus
removal requirement, the ponds must be sized to store the site runoff from a two and
one-half inch rainfall below the normal outlet elevation.
c.
7.Rate Control. For post-construction rate control modeling a minimum curve number
of 84 shall be used on all disturbed/graded soil areas, due to soil compaction impacts, unless
Soil Protection/Compaction Remediation specifications have been incorporated into the
Proposal (Plan Set, Stormwater Management Plan, etc.) and are approved by the City
Engineer. Atlas 14 shall be used in all rate-control estimates.
New construction. Projects shall have no increase in runoff from theTotal suspended solids.
Treatment also must achieve a 60 percent removal of suspended solids.
d. Oil and grease control. For all storm water plans for commercial or industrial
developments and all other uses where the potential for pollution by oil or grease,
or both, exists, the first one-half inch of runoff will be treated using the best oil
and grease removal technology available. This requirement may be waived by the
city when the applicant can demonstrate that installation of such practices is not
necessary.
e. Runoff rate control. Refer to city's design standards.
(b) All stormwater facilities shall be designed, installed and maintained to effectively
accomplish the following:
1. Minimizetwo,
a. predevelopment peak runoff rates for the 2, 10, and 100 year 24
event.
hour storm events.
2. Minimize predevelopment peak runoff rates for the ten year, 24 hour storm event. At
a minimum, the storm sewer system shall be designed for this storm event. Low areas
must have an acceptable overland drainage route with the proper transfer capacity
when the event is exceeded.
3. Minimize predevelopment peak runoff rates for the 100-year, 24-hour storm event.
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(c) Outlets. Discharges from new construction sites must have a stable outlet capable of
carrying designed flow at a non-erosive velocity. Outlet design must consider flow capacity
and flow duration. This requirement applies to both the site outlet and the ultimate outlet
to the storm sewer system or waterbody. Measures to trap floatables for energy dissipation
must also be constructed.
(d) Minimize impervious surface area and maximize infiltration. Where directed
b.
by the city and based on site feasibility, projects shall use existing natural drainage
ways and vegetated soil surfaces to convey, store, filter, and retain stormwater
runoff before discharge into public waters or a storm sewer system (permanent
pool areas of wet ponds tend to lose infiltration capacity and will not be accepted
as an infiltration practice).
Redevelopment. Projects shall have no increase in runoff from
the pre-project peak runoff rates for the 2, 10, and 100 year 24 hour storm events.
8.Treatment design sequencing for sites with restrictions (as found in the MIDS Design
Sequence Flowchart).
Applicant shall fully attempt to comply with the appropriate performance goals described
above. Options considered and presented shall examine the merits of relocating project
elements to address, varying soil conditions and other constraints across the site. If full
compliance is not possible due to any of the factors listed below, the applicant must
document the reason. If site constraints or restrictions limit the full treatment goal, the
following treatment design sequence shall be followed:
Applicant shall document the treatment sequence starting with Alternative #1. If Alternative
#1 cannot be met, then Alternative #2 shall be analyzed. Applicants must document the
specific reasons why Alternative #1 cannot be met based on the factors listed below. If
Alternative #2 cannot be met then Alternative #3 shall be met. Applicants must document
the specific reasons why Alternative #2 cannot be met based on the factors listed below.
When all of the conditions are fulfilled within an alternative, this sequence is completed.
Volume reduction techniques considered shall include infiltration, reuse & rainwater
harvesting, and canopy interception & evapotranspiration and/or additional techniques
included in the MIDS calculator and the Minnesota Stormwater Manual.
Higher priority shall be given to BMPs that include volume reduction. Secondary preference
is to employ filtration techniques, followed by rate control BMPs. Factors to be considered
for each alternative will include:
i.Karst geology
ii.Shallow bedrock
iii.High groundwater
iv.Hotspots or contaminated soils
v.Drinking Water Source Management Areas or within 200 feet of drinking water
well
vi.Zoning, setbacks or other land use requirements
vii.Excessive cost
viii.Poor soils (infiltration rates that are too low or too high, problematic urban
soils)
Alternative #1:
Applicant Attempts to Comply with the Following Conditions:
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i.Achieve at least 0.55” volume reduction from all impervious surfaces if the site
is new development or from the new and/or fully reconstructed impervious
surfaces for a redevelopment site.
ii.Remove 75% of the annual TP load from all impervious surfaces if the site is
new development or from the new and/or fully reconstructed impervious
surfaces for a redevelopment site.
iii.Options considered and presented shall examine the merits of relocating project
elements to address, varying soil conditions and other constraints across the
site.
Alternative #2:
Applicant Attempts to Comply with the Following Conditions:
i.Achieve volume reduction to the maximum extent practicable.
ii.Remove 60% of the annual TP load from all impervious surfaces if the site is
new development or from the new and/or fully reconstructed impervious
surfaces for a redevelopment site.
iii.Options considered and presented shall examine the merits of relocating project
elements to address, varying soil conditions and other constraints across the
site.
Alternative #3:
Off-site Treatment: Mitigation equivalent to the performance of 1.1 inches of volume reduction
for new development or redevelopment as described above in this section, (including
banking or cash) can be performed off-site to protect the receiving water body. Off-site
treatment shall be achieved in areas selected in the following order of preference:
i.Locations that yield benefits to the same receiving water that receives runoff
from the original construction activity.
ii.Locations within the same Department of Natural Resource (DNR) catchment
area (Hydrologic Unit 08) as the original construction activity.
iii.Locations within the next adjacent DNR catchment area upstream.
iv.Locations anywhere within the community’s jurisdiction.
Impervious Surface Area Calculations shall include all disturbed/graded soil areas, due to
soil compaction impacts, unless Soil Protection/Compaction Remediation specifications
have been incorporated into the Proposal (Plan Set, Stormwater Management Plan, etc.) and
are approved by the City Engineer.
Designers shall be required to provide estimates of BMP-site specific infiltration rates to the
City Engineer for approval prior to site plan review. For information on estimation of
infiltration rates, see the Minnesota Stormwater Manual (http://stormwater.pca.state.mn.us).
The MIDS Design Sequence Flowchart can be found in the Minnesota Stormwater Manual:
http://stormwater.pca.state.mn.us/index.php/Flexible_treatment_options.
All volume control practices and site design specifications shall conform to the current
version of the Minnesota Stormwater Manual.
b.Stormsewer sizing. All stormwater sizing must be sized according to the City of Elk River
Engineering Design Standards Manual.
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c.Better site design. Whenever possible, projects shall be designed using better site design techniques
early in the design process to preserve natural areas, reduce impervious cover, distribute runoff
and us pervious area more effectively to treat stormwater runoff. The applicant shall attempt to
limit the impervious surface of the developed site or subdivision by incorporating the following
design considerations, consistent with zoning, subdivision, and PUD requirements:
1. Natural vegetation preserved wherever practical.
2. Narrowing street widths.
3. Reducing parking lot.
Open space
4. Sidewalk locations.
5. Reducing setbacksdriveways.
1. protection and restoration
6.
a.Maximizing open space while incorporating smaller lot sizes to conserve natural
areas and reduce the amount of stormwater runoff generated at the site.
b.Conservation of natural vegetation wherever practical.
c.Reforestation
d.Reestablishment of prairies and wetlands
Increase buffers around streams, steep slopes, and wetlands to protect from flood damage and
7. Using landscaping and soils to treat
provide additional water quality treatment.
and infiltrate stormwater runoff.
8. Eliminate curb and gutter where practicable,
e.
2.Reduction of impervious cover
a.Reduce new impervious area through redevelopment of existing sites and use existing
roadways, trails, etc.
b.Minimize street widths, parking space size, driveway length, sidewalk width
c.Reduce impervious structure footprint.
d.Use shared parking facilities consistent with zoning requirements.
e.Install semi-permeable/permeable or porous paving.
3.Distribution and minimization of runoff
swales or equivalent.
a.Utilize vegetated areas for stormwater treatment
9.
b.Look for vegetated areas that can filter sheet flow, removing sediment and other
pollutants, and increasing the time of concentration.
10.
c.Disconnect impervious areas by allowing runoff from small impervious areas to be
.
directed to pervious areas where it can be infiltrated or filtered
11.
d.All runoff from downspouts, driveways and other impervious areas shall be directed
to pervious surfaces, where feasible, or unless the applicant can demonstrate that the
practice is likely to result in groundwater contamination.
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12.
Increase buffers around streams, steep slopes, and wetlands to protect from flood damage and
provide additional water quality treatment.
13.
e.Eliminate curb and gutter where practicable, and use vegetated swales or equivalent.
f.Encourage infiltration and soil storage of runoff through grass channels, soil compost
amendment, vegetated swales, rain gardens, etc.
g.Plant vegetation that does not require irrigation beyond natural rainfall and runoff from
site
f.Use shared parking facilities consistent with zoning requirements.
14.
g.Install semi-permeable/permeable or porous paving.
(e) Pond requirements. For all projects creating more than one acre of impervious surface,
ponding shall be required. At a minimum all pond design specifications shall conform to
the city's engineering design standards and the current requirements found in the NPDES
construction permit.
Regional ponding. If the city determines the site is not suitable for on-site
(f)
d.
ponding
treatment, off-site stormwater management and associated fees may be established,
provided that provisions are made to manage stormwater by an off-site facility, and provided
that all of the following conditions for the off-site facility are met:
1.
1.The facility is in place or the city has knowledge of future regional ponding on site;
2.
2.The facility is designed and adequately sized to provide a level of stormwater control
that at least meets the ordinance standards;
3.
3.The city is satisfied that the facility has a legally obligated entity responsible for its
long-term operation and maintenance.
Accepted stormwater treatments. Alternative
(g) alternative
e.alternatives to pond
stormwater , including but not limited to rain gardens and infiltration basins,
treatments
may be installed and shall be reviewed and approved by the city. Alternative treatments are
included but are not limited to those stated in the Minnesota Stormwater Manual.
Maintenance of private stormwater facilities. All private stormwater
(h)
f.
facilities shall be maintained by the owner in proper condition consistent with
the performance standards for which they were originally designed.
1.
1.All settled materials from sumps, grit chambers, and other devices, including settled
solids, shall be removed and properly disposed of on an annual basis. One- to five-year
waivers from this requirement may be granted by the city when the owner presents evidence
that the facility has additional capacity to remove settled solids in accordance with the
original design capacity.
2.
2.Ponds shall be inspected at least once every five years to determine if settled
materials should be removed. Settled materials shall be removed and properly disposed of
when the pond is no longer functioning at the original design capacity.
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3. When requested by the city, a
3.A maintenance plan must be provided that defines
who will conduct the maintenance, the type of maintenance and the maintenance intervals of
a private stormwater facility before the facility is approved.
4.
4.All stormwater facilities must be designed to minimize the need for maintenance, to
provide easy vehicle and personnel access for maintenance purposes, and be structurally
sound. It shall be the responsibility of the applicant to obtain any necessary easements or
other property interests to allow access to the facilities for inspection or maintenance.
5.
5.The city shall have the right to request and review inspection and maintenance
records and shall have the right to perform an inspection of stormwater facilities at any time
if the city has probable cause to believe that the facilities are not being properly maintained
or inspected. A charge based on current wages will be assessed to the owner for any
inspections or maintenance that needs to be performed.
(Ord. No. 07-05, § 1, 6-18-2007)
30-2176
Sec. 78-505. - Enforcement.
Notice of
(a) violation.
a.Violation
(1)
1.Upon discovering that a person has violated a prohibition or failed to meet a
requirement of this section, under the provisions of this article the city administrator or
designee shall serve a notice upon the owner of the property upon which the nuisance exists.
Such notice shall be given by certified mail at the last known address as shown on the
property tax records of the county. Such notice shall advise that a nuisance exists and require
the property owner to abate the nuisance within a reasonable time, as established by the city
administrator or designee and stated in the notice. Such time shall not be less than 14 days.
Such notice may require without limitation:
a.
a.The performance of monitoring, analyses, and reporting;
b.
b.The elimination of illicit connections or discharges;
c.
c.That violating discharges, practices, or operations shall cease and desist;
d.
d.The abatement or remediation of stormwater pollution or contamination hazards
and the restoration of any affected property; and
e.
e.Payment of a fine to cover administrative and remediation costs; and
f.
f.The implementation of source control or treatment BMPs.
(2)
2.Such notice shall also advise the property owner of the right to request a hearing
before the city administrator or designee to contest the contents of the notice.
(3)
3.If requested by the person upon whom the notice is served under subsection (a) of
this section, a hearing before the city administrator or designee shall be held at which the
person may contest the contents of the notice. The request for such a hearing must be made
within five days after receipt of the notice provided for in subsection (a) of this section.
After such hearing the city administrator or designee may affirm the notice, modify the
notice or quash the notice.
(4)
4.If the property owner does not abate the nuisance as required by the notice
provided for in subsection (a) of this section and has not requested a hearing before the city
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administrator or designee under subsection (2) of this section, authorized agents of the city
shall abate the nuisance. The cost of such abatement shall be collected as a special
assessment against the property upon which the nuisance was located.
(5)
5.If the property owner requests a hearing before the city administrator or designee
under subsection (2) of this section, no abatement actions shall be taken until the hearing is
held. If after the hearing the city administrator or designee affirms or modifies the notice and
the nuisance is not abated as provided in the notice as affirmed or modified, authorized
agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a
special assessment against the property upon which the nuisance was located.
(6)
6.Nothing in this section prevents abatement by the city of a public nuisance without
notice and hearing in the case of an emergency in which there is an immediate and direct
threat to the public health or safety. The expense of such an emergency abatement shall be
collected as a special assessment against the property upon which the nuisance was located.
(Ord. No. 07-05, § 1, 6-18-2007)
Sec. 78-506. – Financial Securities.
a.The city may require bonds in such form and amounts necessary to assure that the work is
completed in accordance with the approved plans and specifications.
b.In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city
in an amount equal to that which would be required in the surety bond.
c.If requested by the applicant, the amount of the financial security may be reduced by the city.
Such reduction will be based upon the extent to which the grading and restoration have been
completed and shall consider the continued need for erosion control.
Section 3. That this Ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Counsel of the City of Elk River this _____ day of
______________, 2015.
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John J. Dietz
Mayor
ATTEST:
Tina Allard
City Clerk
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Councilmember introduced the following resolution and moved its adoption:
Resolution 15-____
A Resolution of the City of Elk River Approving Notice of Summary
Publication of Ordinance #15-_____, an Ordinance Amending the City Code
Provisions Governing Stormwater Management
WHEREAS,
on March 16, 2015, the Elk River City Council adopted Ordinance 15-____
amending Section 30, Article VII, of the Elk River Code of Ordinances; and
WHEREAS,
Ordinance 15-______ is lengthy for publication and state law allows for a
summary of the ordinance to be published; and
WHEREAS,
the summary of Ordinance 15-____ amending the stormwater ordinance is
as follows:
The ordinance moves the city Stormwater Management requirements from Chapter
30 to Chapter 78 of the city code.
The ordinance satisfies the city’s state Stormwater Pollution Prevention Program
(SWPPP) obligations to control stormwater pollution and illegal discharges under the
statewide general permit as a small Municipal Separate Storm Sewer System (MS4)
operator.
The ordinance adds and amends definitions used within the stormwater management
ordinance.
The ordinance governs applicability and review process of stormwater management
and urban runoff control.
The ordinance includes updated standards for new development, redevelopment,
and linear construction projects in order to minimize stormwater pollution, soil
erosion, and sedimentation.
The ordinance amends a penalty section more specific to the type of offense
committed.
The ordinance includes the addition of Financial Securities.
WHEREAS,
a copy of the full text of the ordinance is available for inspection by any
person at the office of the Elk River City Clerk, 13065 Orono Parkway, during regular
business hours.
NOW, THEREFORE, BE IT RESOLVED
by the City Council, by at least four-fifths
vote, authorizes the publication of the title and summary of Ordinance 15-___.
The motion for adoption of the foregoing resolution was duly seconded by Councilmember
________________, and upon vote being taken thereon, the following voted in favor
thereof: _________________________________________________________________
and the following against: _______________________, whereupon said resolution was
declared duly passed and adopted.
The following members were present:______________________________________
_____________________________________________________________ and the
following absent:____________________________
th
Passed and adopted this 16 day of March, 2015.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk