VII.1. First Reading Ordinance Amending Chapter 40 of the Hopkins City Code regarding Storm Sewer; HowardOctober 4, 2022 Council Report 2022-088
FIRST READING OF ORDINANCE 2022-1184 AMENDING CHAPTER 40 OF THE
HOPKINS CITY CODE REGARDING STORM SEWER
Proposed Action
Staff recommends that the Council approve the following motion: Move to Adopt for First
Reading, Ordinance 2022-1184, Amending Chapter 40 of the Hopkins City Code Regarding
Storm Sewer
Overview
The City of Hopkins currently has a Municipal Separate Storm Sewer System (MS4) permit
through the Minnesota Pollution Control Agency (MPCA). The MPCA requires that all local
public entities that own or operate MS4s obtain an MS4 permit to ensure that appropriate
stormwater pollution prevention programs and best practices are adopted to prevent stormwater
runoff from harming rivers, streams, and wetlands.
The proposed changes contained in the attached Ordinance are needed in order to maintain
compliance with the City's MS4 permit. These proposed changes make two primary additions to
the City's storm sewer Ordinance. The first requires that owners/custodians of pets remove pet
waste from any public property and that it be disposed of in a proper manner. The second
requires that all salt and other deicing materials be stored in facilities and locations that prevent
runoff and that salt and deicing materials be transported using practices that reduce their
exposure to the storm sewer system.
Primary Issues to Consider
Staff finds that these changes to the Ordinance would be minimal and will ensure that the City
maintains compliance with its MS4 permit with the MPCA.
Supporting Information
• Proposed Ordinance 2022-1184
________________________________________
Kurt Howard
Planner
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2022-1184
ORDINANCE AMENDING CHAPTER 40 OF THE
HOPKINS CITY CODE REGARDING STORMWATER
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Divisions 3 and 4 of Part II, Chapter 40, Article V of the Hopkins City Code ares
hereby created to add the double-underlined language as follows:
DIVISION 3. - Animal Waste
Sec. 40-320. - Definitions. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
(a) Animal means a dog, cat or other animal kept for amusement or companionship.
(b) Owner/Custodian means any person who harbors, feeds, boards, possesses, keeps or has
custody of an animal.
(c) Immediately means at once, without delay.
(d) Soil/defile means to make unclean from excrement.
(e) Waste means solid matter expelled from the bowels of the pet; excrement.
Sec. 40-321. - Public Property. No owner or custodian of any animal shall fail to remove said
animal’s waste from any public property or street, sidewalk, or public right-of-way. Pet waste
must be deposited in a sanitary manner.
Sec. 40-322. - Removal. It is unlawful for any person owning, keeping or harboring an animal to
permit said animal to be on any public property without having in his/her immediate possession a
device for the removal of pet waste.
Sec. 40-323. - Disposal. It is unlawful for any person owning, keeping or harboring an animal to
fail to remove said animal’s waste without proper disposal. Proper disposal of animal waste
includes: 1) bagging for disposal in the owner or keeper's waste receptacle or 2) bagging for
disposal in a waste receptacle in a public park or park area.
Sec. 40-324. - Disposal in the Municipal Separate Storm Sewer System. Disposal of animal
waste in the municipal separate storm sewer system is prohibited.
Sec. 40-325. - Disposal in Public Compost. Disposal of animal waste in public compost is
prohibited.
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Sec. 40-326. - Exemptions. The provisions of this section shall not apply to the ownership or use
of any properly identified service animals, animals when used for police activities, or tracking
animals when used by or with the permission of the appropriate authorities.
Sec. 40-327. – Violations. Any person violating any provision of this ordinance may be subject to
a forfeiture of not less than $200 nor more than $500.
Secs. 40-328 – 40-349. – Reserved.
DIVISION 4. – Salt Storage at Commercial, Industrial, and Institutional Facilities
Sec. 40-350. - Covered or Indoor operations for the storage of deicing materials must be provided
whenever possible in order to prevent such material from being affected by rain, snow, or melt
water.
Sec. 40-351. – All salt and other deicing materials stored outdoors must be covered at all times.
When not using a permanent roof, a waterproof impermeable, flexible cover must be placed over
all storage piles. The cover must prevent runoff and leachate from being generated by the outdoor
storage piles. The cover must be secured to prevent removal by wind or other storm events. Piles
must be formed in a conical shape and covered as necessary to prevent leaching.
Sec. 40-351. – Facility siting.
(a) The facility must be in close proximity to the area in which the deicing materials are to be
used, if practical.
(b) Each facility must be located outside of floodplains and 200 feet from lakes, rivers,
streams, ditches, storm drains, manholes, catch basins, wetlands, and any other areas
likely to absorb runoff. A facility must not be located in close proximity to surface water
features, water supplies, wells or drywells.
(c) A facility must be located on impermeable surfaces.
(d) The property’s slope must be away from the facility’s salt, deicer, and sand storage area.
(e) Salt vulnerable natural areas should be avoided as storage facilities to the extent possible.
Where they cannot be avoided, specific measures should be instituted to protect
vulnerable areas. Salt vulnerable areas include, but are not limited to:
(1) Areas with salt sensitive vegetation
(2) Areas serving as a source of drinking water (surface water and groundwater)
(3) Areas with bodies of water with low dilution, low volume, or salt sensitive species
(4) Areas associated with groundwater recharge zones or shallow water table, with
medium to high permeable soils.
Sec. 40-352. - Snow Piles. Snow piles must be located downslope from salt and deicer storage
areas to prevent the snow melt from flowing through storage areas and carrying material to the
nearest drainage system or waterway.
Sec. 40-353. – Transfer of materials. Practices must be implemented in order to reduce exposure
(e.g., sweeping, diversions, and/or containment) when transferring salt or other deicing material.
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Secs. 40-354 – 40-379 – Reserved.
SECTION 2. Hopkins City Code, Part II, Chapter 40, Article V, Division 2 is hereby amended by
adding the double-underlined language after Sec. 40-294 as follows:
Secs. 40-295 – 40-319 – Reserved.
SECTION 3. The effective date of this ordinance shall be the date of publication.
First Reading: October 4, 2022
Second Reading: October 18, 2022
Date of Publication: October 27, 2022
Date Ordinance Takes Effect: October 27, 2022
By: ____________________________
Patrick Hanlon, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk