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CR2002-112 City Contribution to LMC - NPDES Phase II C \ I" Y OF , , ~ June 27, 2002 HOPKINS Council Report 2002-112 . Approve City Contribution to LMC ~ NPDES Phase II Implementation Proposed Action Staif recommends adoption of the following motion: Move that Council approve a $5,000 contribution to the League of Minnesota Cities for development of a NPDES Phase II Permit Guide Plan. Overview As a part of the National Pollution Discharge Elimination System (NPDES) program and to comply with Federal regulation, the Milmesota Pollution Control Agency will be requiring that all MS4 Cities, such as Hopkins, submit an application for an NPDES, Phase II permit by March la, 2003. The goal of the NPDES, Phase II, program is to reduce storm water pollutant discharge. The permit application requires that we develop a Hopkins storm water pollution prevention program designed to reduce the discharge of pollutants from our storm sewer system. The permit application must define best management practices (BMPs) and measurable goals for the following six specific control measures: 1. Public education and outreach 2. Public participation/involvement 3. Illicit discharge detection and elimination 4. Construction site storm water runoff control . 5. Post-construction storm water management 6. Pollution prevention/good housekeeping for municipal operations Staff has already begun planning for this required permit by attending various seminars and discussing the permit with other cities. To date we have identified some specific actions that Hopkins will need to take along with this permit, such as: . Set up a comprehensive public involvement and education program . Set up a catch basin, pond, stormccptor inspection and maintenance program . Revise our ordinances to match NPDES, Phase 11, requirements and enforce them Since development of the plan and permit application for each city is a completely new and potentially very expensive task to undertake, the League of Minnesota Cities has otfered to organize interestcd cities to pool together funds to develop a "guide plan" that can be used by the citics to complete most of their permit applications using in-house resources. Staff is recommending that Council authorize a contribution of $5,000 (as requested by the LMC) to the LMC for development of the guide plan. Since this permit is directly related to the storm se\ver system, staff proposcs to fund this contribution from the storm sewer fund. Supporting Information . Memo from Steve Stadler to Steve Mielke dated June 11, 2002 . NPDES Phase II Permit Guide PIan Letter from the LMC dated June 7, 2002 !J[:-~ il1= ' ,~.&_'! . Steven G. Bot, Assistant City Engineer financial Impact: $ 5,000 Budgeted: Y iN No Source: Storm Sewer Utility Fund Related Documents (C1P, ERP, etc.): _ . Public Works Department Memorandum To: Steven C. Mielke, City Manager Copy: Steve Bot, Asst. City Engineer From: Steven J. Stadler, Public Works Director Date: June 11, 2002 Subject: NPDES, Phase II Implementation (StormWater Pollution Prevention Prog) As you know, the National Pollution Discharge Elimination System (NPDES) program regarding monitoring and control of sanitary sewage treatment and discharge has been in place for decades. The NPDES, Phase II program goal is to reduce storm . water pollutant discharge. Phase II requires that we develop a Hopkins storm water pollution prevention program - designed to reduce the discharge of pollutants from our storm sewer system. Specifically, the State law requires that we submit an application for a NPDES, Phase II permit by March 10, 2003. The permit application must define best management practices (BMPs) and measurable goals for several control measures. These control measures are as follows: . Public Education and outreach This measure includes educational materials specific to storm water impacting activities; coordination with nonprofits, community groups, watershed districts, school districts, etc.; and at least one public meeting addressing the city's program. The Minnehaha Creek Watershed District will be playing a large role in helping us meet the requirements of this control measure. The Minnesota Erosion Control Association has also stated they will be putting together an education package geared towards helping cities meet this requirement. . Public Participation/involvement This has to do with the public meeting/s and, generally, affording interested persons the opportunity to comment on the city's pollution prevention . program. - -- . Illicit discharge detection and elimination . We must develop a storm sewer map showing all pipes, control structures, treatment devices, and outfalls. During the past couple years, we have been field-verifying our system and already have a GIS map developed. We also must develop a program to prohibit, detect, and enforce, through ordinance, non-storm water discharges into our system. . Construction site storm water runoff control We must develop, implement, and enforce a program to reduce pollutant runoff from construction activities disturbing one acre or more. This we already are doing - we just need to write our procedures and ordinance requirements into the pollution prevention plan. . Post-construction storm water management This item addresses storm water runoff from new developments or redevelopments. This we, in conjunction with the watershed districts, have been doing for some time, i.e., requiring structural BMPs (stormceptors, detention ponds, etc., along with operation and maintenance requirements). . . Pollution prevention/good housekeeping for municipal operations This item includes developing systematic procedures for annual inspections, record keeping, street sweeping and cleaning of all structural pollution controls (grit chambers, separators, outfalls, sediment basins, ponds). It also includes an operation/maintenance program, including employee training, to prevent or reduce pollutant runoff from municipal operations (park/open space maintenance, fleet and building maintenance, land disturbances, etc.). Some of the specific actions we'll have to take are: . Set up a comprehensive public involvement and education program . Set up a catch basin, pond, stormceptor inspection and maintenance program . Revise our ordinances to match NPDES, Phase II requirements and enforce them One of the most important elements of putting together our permit application is setting up our proposed BMPs, goals and timelines for implementation. This is where getting on-board with the proposed LMC effort will really help. Their proposed steering committee process and resulting guidance will ensure that each city is consistent in setting BMPs and developing goals that are acceptable to the MPCA, but not too . difficult or expensive for cities. Steve Bot has attended a comprehensive workshop on NPDES, Phase II implementation and he & I will be developing an estimated 2003 budget impact. I would propose that we join the LMC effort and we've already contacted them to express our interest. I'd propose that we ask City Council on July 2 to approve the $5,000 contribution toward developing the guide pian. ""~-" LMC 145 University Avenue West, St. Paul, MN 55103-2044 . phone: (651) 281-1200 · (800) 925.1122 TDD (651) 281-1290 L"a9UQ 0/ Minnesota CW"s LMC Fax: (651) 281.1299 · LMCIT Fax: (651) 281-1298 Citi"s pro....ati"9 c:<C<JR"""" W e1 Site: http://www.lmnc.org June 7, 2002 Dear Mayor, City Engineer and City Administrator/Clerk: Your NPDES Phase II Permit Application will be due on March 10, 2003. Will you be ready? The League of Minnesota Cities can help. A group of League members concerned about this . stormwater regulation has met and decided to explore the possibility of developing a Pennit "Guide Plan". This Guide Plan would be designed to help MS4 cities complete 50% to 65% of their NPDES Phase II Permit Application and Storm Water Pollution Prevention Program (SWPPP) using in-house resources. A rough estimate of the cost to develop the Guide Plan is $250,000. This cost would need to be split between 50 or more permitees to make it affordable and cost-effective - $5,000 per city. If more cities join this effort, the cost for each city will be lower. If enough cities express an interest in the project, a steering committee will be formee:o direct the project. The steering committee would be involved in selecting a consultant and providing assistance to the League in managing the endeavor. The reasons to develop the Guide Plan are: . Efficiency Instead of every city struggling to start from the beginning, the League could develop the Guide Plan and distribute it to many MS4 cities. . Cost savings Some cities have estimated their total NPDES Phase II Permit development cost at $50,000 or more. Using the Guide Plan at a cost of only $5,000, a city could complete half or more of the Permit and SWPPP using in-house resources. . Support from the 1\1N Pollution Control Agency CMPCA) . The MPCA strongly supports this effort by the League. MPCA staff will review and "pre-approve" the Guide Plan. The MPCA considers the Guide a significant step in moving this entire program forward quickly and effectively. AN EQUAL OPPORTUNITY! AFPmMA TIVE ACTION EMPLOYER -', . . Consistency This is a new program with a tight schedule. The Guide Plan will help make the Permit Applications and SWPPP's more consistent. This will facilitate review by the MPCA and provide a degree of security for the :MPCA and the cities in the event of review by the USEP A. The first step in developing the Guide Plan is to assemble a Steering Committee to determine what elements should be in the Guide. Our first pass at defining these components is: Guide Plan Elements Permit task checklist . Required tasks . When they need to be done Checklist for existing city programs . Extensive list of possible existing programs . Cover full range of city departments . Match programs with: 0 Minimum Control Measures 0 Measurable Goals List of acceptable BMP's . Extensive list of possible BMP' s . Match programs with: . 0 Minimum Control Measures 0 Measurable Goals Ordinances . List required ordinances 0 Include recommended provisions Employee training, educational materials & programs, state & county programs . List of sources and descriptions of available materials and programs . Match materials and programs with: 0 Minimum Control Measures 0 Measurable Goals . Provide contact information . Provide forms letters and agreements for outside providers Funding options . Provide details and options for funding mechanisms The tasks remaining after a city completes its work with the Guide Plan might be: . Fill in the gaps . Write the Application & the SWPPP . Public meetings . Respond to comments . Implement SWPPP :. . Prepare Annual Reports I 2 ~ . What do we need from your city? If the Guide is to be useful, we need to move ahead quickly. We need funding to pay for the development of the Guide Plan. We need representatives from cities to join the Steering Committee. Most importantly, we need responses quickly from the cities regulated under this program to the following questions: 1- Is your city interested in joining with other cities to develop the Guide Plan? 2. Will your city contribute approximately $5,000 to the development of the Guide Plan? 3. Will a representative from your city participate on the Steering Committee? Please respond to Remi Stone at the League of Minnesota Cities before June 28,2002 at 651- 281-1256 or rstone@lmnc.org. The Steering Committee will meet during July. For additional information about NPDES Phase II and the Guide Plan, please attend the session on these subjects at the LMC Annual Conference - June 19,2002, 10:45 AM to 12:00 noon. Sincerely, . PO-.tfY/diw Jim Miller Executive Director Cc: Commissioner Karen Studders, J\.1PCA Don Jakes, 1v1PCA Gene Ranieri, AMJvI Christopher Hood, Flaherty & Hood Janette Brimmer, MCEA . 3 ~,' --.,...- , . . Preliminary List from MPCA Board slideshow ~ 5/2812002 - 176 listings Based on 2002 Census data & additional criterion Albert Lea Elk River Maple Grove Sartell Andover Empire Township Maple Plain Sauk Rapids Anoka Excelsior Maplewood Sauk Rapids Township Apple Valley Fairmount Marion Township Savage Arden Hills Falcon Heights Marshall Shakopee Austin Faribault Medicine Lake Shore view Bemidji Farmington Medina Shorewood Big Lake Fergus Fans Mendota South St. Paul Big Lake Township Forest Lake Mentota Heights Spring Lake Park Birchwood Village Fort Snelling Midway Township Spring Lake Township Blaine Unorganized Minden Township Spring Park Bloomington Fridley Minnetonka S1. Anthony Brainerd Gem Lake Minnetonka Beach S1. Bonifacius Brockway Township Golden Valley Minnetrista S1. Cloud Brooklyn Center Grant Monticello S1. Cloud Township Brooklyn Park Greenwood Moorhead S1. Joseph Buffalo Ham Lake Moorhead Township S1. Joseph Township Bums Township Hastings Mound S1. Louis Park B urnsville Haven Township Mounds View S1. Michael . Carver Haverhill Township New Brighton S1. Paul Cascade Township Hermantown Township New Hope S1. Paul Park Centervi1le Hibbing New DIm Stillwater Champlin Hilltop Newport Sunfish Lake Chanhassen Hopkins North Mankato Tanka Bay Chaska Hugo North Oaks Vadnais Heights Chaska Township Hutchinson North S1. Paul Victoria Circle Pines Independence Northfield Waite Park Cloquet Inver Grove Heights Oak Grove Watab Township Columbia Heights Jackson Township Oakdale Wayzata Coon Rapids La Crescent Oakport Township West Lakeland Corcoran La Crescent Township Orono Township Cottage Grove Lake Elmo Osseo West S1. Paul Credit River Township Laketown Township Owatonna White Bear Lake Crystal Lakeville Pine Springs White Bear Township Dayton Landfall Plymouth Willemie Deephaven Lauderdale Prior Lake Willmar Dellwood Le Sauk Township Proctor Winona Dilworth Lexington Ramsey Woodbury Dresbach Township Lilydale Red Wing Woodland Duluth Lino Lakes Rice Lake Township Worthington Duluth Township Little Canada Richfield Eagan Long Lake Robbinsdale East Bethel Loretto Rochester . East Grand Forks Louisville Township Rochester Township Eden Prairie Mahtomedi Rosemount Edina Mankato Roseville 4