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5.3. SR 08-16-2004Item 5.3. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Rebecca Haug, Environmental Technician August 16, 2004 Letter of Support for Joint Powers Agreement with the PIPCA As part of the National Pollutant Discharge Elimination System (NPDES) program, the Minnesota Pollution Control Agency (MPCA) is seeking to partner with approximately 10 Local Government Units (LGUs) and financially support two-year pilot projects to assist the MPCA in performing construction stormwater management tasks. The MPCA has approximately $500,000 to fund this program for the first year. The partners will be chosen based upon areas that are experiencing high growth and development, and have impaired or special waters within their jurisdiction that may be impacted by construction activities. The Elk River and Lake Orono were classified as impaired waters and the Mississippi River is classified as special water. If the City is selected to be a partner, we will be required to identify all construction sites with one or more acres disturbed. A component of the NPDES permit is annual reporting, this grant would require monthly reporting to the MPCA. Data collection and record keeping are very important, which the City is already doing with the ASIST Software the City purchased last year. The City would also be able to retain consultants as subcontractors under the Agreement and the MPCA will provide introductory training. The grant application requires information about population growth, building trends and special/impaired water resources. It also requires a proposal for which model the LGU would like the funding to go towards. The three models are planning and zoning, compliance and enforcement, and education and assistance. The LGU can apply for all three models, but will only be accepted for one. The idea is to apply for all three and hope we are chosen for one. The first model which focuses on Planning & Zoning requires the LGU to adopt a construction stormwater ordinance or change the City's existing ordinance to include best management practices to protect surface water. This is a requirement of the NPDES permit regardless of the City receiving this grant funding. Michele McPherson is working on the proposal for this model since it will affect the Planning Department. The second model focuses on Compliance & Enforcement. This model also requires the adoption or change in the City's existing ordinance to address erosion, sediment control, and/or stormwater management. The ordinance will need to have language to allow for administrative enforcement tools such as "stop work" orders. The funding for this model will go to ~re~ where r~pid growth ~nd development ~re ~lre~dy imp~ctin~ water quality. The City has been doing inspections of all construction sites but with the rapid growth and limited staff resources, keeping up on the inspections has been a challenge. I have been working on developing the proposal for this model. The third model focuses on Education & Assistance. This model will test the effectiveness of providing stormwater technical assistance, problem solving, and education to the construction industry in a proactive manner, so as to improve and expand understanding of, and increase compliance with NPDES/SDS Stormwater Permits. LGUs chosen for this model would include organizations located in high growth areas, where construction activities are intense and stormwater from these sites may discharge directly to impaired waters or special waters. I have been involved with several trainings focused on the construction industry however, additional training is required to increase the compliance with the NPDES permit. I have also been working on developing the proposal for this model. All three of the models focus on areas which the City is required to do as part of the NPDES permit regardless of receiving this funding. However, receiving this funding will ensure that the City implements them on schedule. Partnering with the MPCA will also ensure that the goals are accomplished in an approved manner Recommendation The grant application is due on August 20, 2004 and part of the grant application requires a letter of support from the appropriate council that supports entering into a joint powers agreement with the MPCA for this project. I am recommending that the City Council sign a letter of support to enter into a two-year Pilot Project with the MPCA to help implement the City's stormwater inspection program. I have attached a letter from the Council to sign as well as an example of the Joint Powers Agreement for the Compliance and Enforcement Model. The additional funding this would provide would greatly help the City improve on their NPDES permit. I will be present at the meeting to answer any questions. Thank you. August 16, 2004 Keith Cherryholmes Construction Stormwater Project Coordinator Minnesota Pollution Control Agency 520 Lafayette Rd. N. St Paul, MN 55155 RE: Construction Stormwater Inspection Partnership Dear Mr. Cherryholmes: On behalf of the City of Elk River, I would like to express our interest in partnering with the Minnesota Pollution Control Agency on the two-year pilot project to perform construction stormwater management tasks. The City of Elk River is experiencing very rapid growth and development, and is concerned about the impact this is having on the water resources in the City. Since 1999, the number of building permits has rapidly increased every year and doubled between 2002 and 2003. As of today, the number of building permits for 2004 has almost exceeded the total number of permits that were issued in 2002. The City is not anticipating this trend slowing down. The City has taken many measures to implement the requirements of the General Storm Water Permit Application for Small Municipal Separate Storm Sewer Systems. The City purchased the ASIST software through the LMC and has been keeping records of all of the activities. Also, the Planning, Engineering, Streets and Building and Environmental Departments have been conducting inspections on all construction sites and requiring compliance. The City has also hosted Construction Site Erosion Control trainings for developers, builders, excavators, etc., with Sherbume County Planning and Zoning and the Sherburne County Soil and Water Conservation District. However, with each department having several other duties to administer, this has been a challenge. The City is applying for each model but understands that we may be accepted for only one model. Depending on the model in which the MPCA would select the City for, the additional funding and support would allow the departments to complete an ordinance prohibiting non-stormwater discharge from entering the storm sewer system and allow for enforcement tools to achieve compliance. The additional funding and support may also allow for educational opportunities the City is unable to support at this time. With the State classifying the Elk River and Lake Orono as impaired waters and the Mississippi River a special water, the City has made many changes to protect them. However, with limited staff resources and funding, not enough has been done. The City believes that a partnership with the MPCA would allow for better protection of these waters. If the City of Elk River is selected for one of the models, I believe we could have a very good working relationship and greatly improve the City's stormwater program. Sincerely, Stephanie Klinzing, Mayor City of Elk River MODEL #2 EXHIBIT A A~reement between the Parties SAMPLE I. Identify Construction Sites A. The local governmental unit (LGU) will identify all active construction sites that disturb more than one acre within its jurisdiction. II. Determine Which Sites Have Permits A. Among the sites identified above, the LGU will determine which sites have obtained an NPDES Stormwater Permit for Construction Activity and which have not. The LGU shall advise non-permitted sites to cease construction work until permit coverage has been obtained and shall refer the case to the MPCA for enforcement action. III. Conduct Stormwater Compliance Inspections A. The LGU will perform field inspections on all sites that disturb one acre or more to determine if the required Stormwater Pollution Prevention Plan (SWPPP) is on site and being followed and that the Best Management Practices are in place and working. B. The LGU will respond to complaints coming into the MPCA or into the local jurisdiction and follow up on complaints by conducting field inspections of the site to determine compliance with local and MPCA stormwater regulations. C. The LGU will complete an inspection report form for each site recording deficiencies, violations and recommendations for corrective action, and distribute copies accordingly. D. The LGU, when necessary, will exercise local ordinance requirements and or local enforcement action or authority for sites that do not comply with NPDES permit requirements, up to and including issuing stop work orders. E. If an inspection reveals noncompliance or serious environmental harm to surface waters, the LGU will refer the case to the MPCA for enforcement action. F. The Department will record all information regarding inspections, violations, and follow-up actions electronically (including those successfully resolved), and will transmit the data to the MPCA on a monthly basis. IV. Inter-iurisdictional Coordination A. The LGU will make contacts at the watershed level so that local activities can be &oordinated with the Iong-term efforts of the watershed district. The Department will document these efforts, and will report this information to the MPCA. V. Develop a Communication Plan with the MPCA A. The LGU will transmit data and information to the MPCA on a monthly basis during the period of this Agreement, or as otherwise agreed upon in advance by the parties. B. The LGU will work closely with the assigned MPCA staff in coordinating activities. C. The Department and the MPCA will meet monthly (or as otherwise agreed upon in advance by the parties) to discuss implementation of this agreement. VI. Traininq A. After final negotiations on the Agreement, the Departments selected shall send those staff members that will be responsible for SWPPP review and field inspections to stormwater training specified by the MPCA.