CR 91-73 Staff Review Board Of Water
, .1
-,,- ..
I
f.,_ " ~
March 27, 1991 Council Report: 91-73
STAFF REVIEW AND RESOLUTION
BOARD OF WATER AND SOIL RESOURCES (BWSR)
PROPOSED 509 RULES
ProDosed Action.
Staff recommends the following motion: Move that Council adopt
Resolution 91-34. Resolution Outlininq 'city of Hopkins Position
Concerninq Board of Water and Soil Resources (BWSR) Proposed 509
Rules.
Overview.
State legislation created the Minnesota Board of Water and Soil
Resources to implement Minnesota's 509 clean water requirements. The
Board established a 509 Rule Advisory Committee that has issued a
draft'proposal of rules. The proposed rules have been submitted to
watershed districts and municipalities for reviews and comment.
~ primary Issues to Consider.
o Regulations mandate local ordinances and policies
o Financial impact
o Relations between city and Watershed district
o Staff recommendation
SUDDortinq Information.
o BWSR draft regulations 3/1/91
o Nine Mile Creek Watershed District letters 12/11/90 & 2/1/91
o Resolution 91-34
~~
James Gessele,
Engineering Superintendent
I
\
'.
--~ _/ ---
J
~ <
-
- CR: 91-73
Page 2
Analvsis.
o Regulations mandate local ordinances and policies:
A cursory review of the proposed 509 rules reveals what would be
required of the city beyond present regulations:
1. The City would make available inventory maps of state
protected waters and the U.S. Fish and wildlife Service
national wetlands and would advise project proponents of need
for permits.
2. Local government would regulate all wetlands not currently
under state or federal jurisdiction. All wetland alterations
would be reported to the appropriate watershed district.
3. All building, grading, and driveway permits would be subject
to watershed district control. Further, a local ordinance to
abate "discharge of biomass" would need to be adopted.
.. 4. The watershed district would need to enforce water quality and
- quantity monitoring programs.
5. The watershed district would need to enforce management
programs to assess the need and frequency of street sweeping
and inspecting storm sewers and ponds. In addition the
adequacy of maintenance programs of existing storm water
facilities would come under scrutiny.
commentary:
The merits of making inventory maps available to the public are
obvious. But to require the City to make interpretations pushes it
into a position of liability by advising as to state and federal
requirements.
Regulation of all wetlands not under state or federal jurisdiction
poses some real problems. In the first instance, the term "wetland"
is not clearly defined and could mean an area in one's back yard that
is prone to occasional standing water during spring thaw or heavy
rainfall. Secondly, regulating property is tantamount to taking it
and could eventually force the City to buy it~
-----
- --
J
4'
~~
- CR: 91-73
\ P~e 3
Staff has no particular argument with controls over grading permits,
given that the city has no clearly defined policy or requirements in'
this instance. However, there is serious questions as to the cost
effectiveness of strict control over erosion resulting from
construction of single family houses or residential driveways. The
cost for erosion control in small areas could far exceed the cost of
simply treating the problem in aggregate at the downstream outfall or
detention pond. The abatement of biomass discharge is nothing more
than policing the discharge of leaves and grass onto streets. This
seems singularly silly given the City's recycling goals of fostering
the use of grass clippings and leaves as mulch.
Regulations concerning water quality and quantity monitoring programs
would have substantial impact on internal municipal functions. The
data collection programs required to satisfy monitoring would require
additional personnel, and laboratory certification of field tests
would present an additional financial burden. Perhaps the final straw
is the proposed intrusion on our street sweeping operations.
-e 0 Financial impact.
Although staff has no argument with the merit of most of the proposed
rules and the preservation of a natural resource that they embody,
now~ere can we find provisions for the cost implications. Almost all
of the proposals call for more detailed studies, monitoring, review,
inspection, and testing. The. implication is therefore more manpower
and time. The document makes no mention of funding and one can only
assume local government is to pick up the tab.
o Relations between city and watershed district
occasionally the watershed districts can provide nagging obstacles to
the culmination of projects. Taken in composite, that is not bad.
The watershed district acts in behalf of the public good. Overall,
relations between the water management organizations and
municipalities are characterized by a spirit of cooperation and
awareness of political realities within the individual districts. For
the most part the proposed rules simply foster another layer of
bureaucracy and are an intrusion on a system that already performs
well.
o staff recommendation
~ Staff recommends the adoption of Resolution 91-34 that lays out the
City's opposition and concerns regarding ,intrusive, redundant, and
sometimes ill-conceived BWSR regulations.
- --
, ,
.
.
a . .
- NOTE: For comments applying to a specific section of the rule,
the comment number, as referendad in the minutes, has
been placed in the right column of these rules.
1 CHAPTER 8410
2 BOARD OF WATER AND SOIL RESOURCES
3 METROPOLITAN LOCAL WATER MANAGEMENT
4
5 8410.0010 - Purpose
6 8410.0015 - Scope
7 8410.0020 - Definitions
8 8410.0030 - Content of Joint Powers Agreements
9 8410.0040 - Removal of WHO Representatives
10 8410.0060 - Content of WHO Plans: Executive summary
11 8410.0070 - Content of WHO Plans: Land and Water Resource
12 Inventory
13 A. - Precipitation data
14 B. - General geology and topographic data
15 C. - Surface water resource data
16 D. - Groundwater resource data
17 E. - Soil data
e: F. - Land use and public utility services
G. - Recreation areas and land ownership
20 H. - Fish and wildlife habitat
21 I. - Unique features and scenic areas
22 J. - Pollutant Sources
23 8410.0080 - Content of WHO Plans: Impact on Other units of
24 Government of ceunty, Rcgienal, state and Federal rlan3
25 8410.0085 - Content of WMO Plans: Establishment of Policies and
26 Goals
27 8410.0090 - Content of WMO Plans: Assessment of Problems
28 Subpart 1 Existing problems
29 Subpart 2 Potential problems
30 8410.0100 - Content of WHO Plans: Implementation Program
31 Subpart 1 Regulatory Controls
32 Subpart 2 Stormwater & Drainage Design Performance
33 Standards
34 Subpart 3 Information Program
35 Subpart 4 Data Collection Programs
36 Subpart 5 Management Programs
37 Subpart 6 Potential Structural Solutions to Problems
38 A. Structural options to existing problems
39 B. Cost analysis
.~ :) C. Priorities
41 8410.0120 - Content of WMO Plans: Impact on Local Government
42 subpart 1 Conflict with existing local controls
.~ Subpart 2 Financial impact on local government
8410.0130 - Content of WMO Plans: Implementation priorities
45 8ubp;)rt 1 High priorities
I 3rd Draft 3/1/91
,
~
/
,- ,
.,0"" .,
1 Cubp;Irt 2 Hcdium prioritico
2 Subpart 3 Lm; prioriticD
3 8410.0140 - Content of WHO Plans: Implementation Schedule
4 8410.0150 - Plan Content: Amendment Procedure
5 Subpart 1 Amendment section
6 Subpart 2 General amendment procedure
7 Subpart 3 Form of amendments
8 Subpart 4 Distribution of amendments
9 Subpart 5 Amendments required by law or rule
10 8410.0160 - Annual Reporting 'Requirements
11 Subpart 1 Requirement for annual financial,
12 activity, and audit reports
13 Subpart 2 Content of annual financial report
14 Subpart 3 Content of annual activity report
15 Subpart 4 Cont~nt of ;Innual audit rcport
16 Subpart 4 Procedure for state audit
17 8410.0170 - Content of Local Plans: General Structure
18 8410.0180 - Content of Local Plans: structure
19 Subpart I Purpose
20 Subpart 2 Water resource related agreements
21 Subpart 3 Executive summary
22 Subpart 4 Land and water resource inventory
23 Subpart 5 Assessment of problems ~
24 Subpart 6 Corrective actions ,;:~.
tt~"~
25 Subpart 7 Financial considerations 'tJ
26 Subpart 8 Establishment of policies and goals
27 Subpart 9 Implementation priorities
28 Subpart 10 Implementation program
29 Subpart 11 Amendment procedures
30 8410.0190 - Determinations of Failure to Implement
31 Subpart 1 Establishing cause
32 Subpart 2 Board staff responsibilities
33 A. Staff investigation and report
34 B. Meeting to discuss staff report
35 C. Official response from WMO
36 D. Appeal to dispute resolution committee
37 E. Report to board
38 Subpart 3 Board responsibilities
39 A. Findings of fact
40 B. Failure to act
41 C. Role of the dispute resolution committee
42
8
'f]
2 3rd Draft 3/1/91
- ~,-,,, ';'.'w"_'""'I"_'~".._~r.~"'~-'.f&:"c -....".,,~,,~^.'-j - - I
~ ,,,..,<.),'1.'. .iI'
-, J
,
,
. " .
I
- 1 CHAPTER 8410
2 BOARD OF WATER AND SOIL RESOURCES
3 METROPOLITAN LOCAL WATER MANAGEMENT
4
5
6 8410.0010 - PURPOSE
7 The purpose of these rules is to make specific the processes,
8 responsibilities and the role of watershed management
9 organizations, local units of government, -.the Metropolitan Council
10 and state agencies in preparing and implementing surface water
11 management plans and coordinate their development with groundwater
12 plans in the seven county metropolitan area. This is being
13 undertaken pursuant to M.S. 103B.201 to 103B.255 in order to:
14 (1) protect, preserve, and use natural surface and groundwater
15 storage and retention systems;
.6 (2) minimize public capital expenditures needed . to correct
17 flooding and water quality problems;
18 (3) identify and plan for means to effectively protect and
19 improve surface and groundwater quality;
20 (4) establish more uniform local policies and official
21 controls for surface and groundwater management;
22 (5) prevent erosion of soil into surface water systems;
23 (6) promote groundwater recharge;
24 (7) protect and\enhance fish and wildlife habitat and water
25 recreational facilities; and
26 (8) secure the other benefits associated with the proper
27 management of surface and groundwater.
/
28
29 8410.0015 - SCOPE.
30 These rules apply to all approvals of the Bohrd of Water and~~
31 Soil Resources to amendments to existinq watershed manaqement plans
32 made after Januarv 1. 1995 Pursuant to Minnesota Statutes Section
.1 103B.23l. Subd. 9. If no plan has been submitted to the Board on
34 the effective date of these rules. any plan thereafter submitted
1 3rd Draft 3/1/91
.- ' 4::.~------ --,- -
,- A _ 0...
. J
I
~
::1.7 ~
...
1 must be in compliance with these rules. All WMOs must take
2 appropriate action to amend its plan consistent with this rule and
3 submit such amendments to the Board durinq calendar year 1995. Any
4 WMO bringinq its plan in conformance with this rule prior to 1995
5 may alter its plan amendment schedule to be in five year increments
6 from the date first brouqh1:- into compliance with 'this rule,
7 provided the plan is reviewed for possible amendment at least once
8 every ten years thereafter.
9
10 8410.0020 - DEFINITIONS.
11 Subpart _. Applicability. The definitions in this part and
12 in Minnesota statutes, section 103B.205 apply to parts 8410.0020
13 through 8410.0190.
14 Subp. _' Board. "Board" means the Minnesota Board of Water
15 and Soil Resources created by Minnesota Statutes, section 103B.I01.
16 Subp. _' BWSR. "BWSR" means the Minnesota Board of Water and ~
17 Soil Resources created by Minnesota statutes, section 103B.I01. ~
18 Subp. _' Capital improvement "Capital Improvement" means a@
19 physical improvement that is not directed toward maintenance of an~
20 in-place system during its life expectancy. I ~
21 Subp. _ . Council. "Council" means the Metropolitan Council
22 as created by Minnesota statutes section .
23 Subp. _' Groundwater plan. "Groundwater plan" means a county
24 plan adopted under M.S. section 103b.255.
25 Subp. _. Croundwator ayotom. "Croundwatcr o}"otcm" mcano onc @
26 of the 14 principal aquifero of the otate aD defined by the united
27 Statco ceologi,cal E;urvey in the Water Rc::;ourceo Inveotigationo
28 81 51, cntitled "Dcoignation of rrincipal Hatcr cupply Aquifcro in
29 Hinncoota" (Auguot 1981) , and ita rcvisiono. 'l'hio document io
30 incorporated by refcrence and io not subject to frequent changc.
31 The documcnt io available from thc u.s. Geological Curvcy office at
32 180 Eaot Kcllogg Boulevard, st. raul, Hinneoota 55101.
.~ 3 Subp. _ . FEMA. "FEMA" means the Federal Emergency Management ~
34 Agency. g
2 3rd Draft 3/1/91
"'--<~- .~,:. .
--- - ---- --
..
'-
.
-
1 Subp. _. Metropolitan water Management Act. "Metropolitan
Water Management Act" means the Metropolitan '. .
2 Water Management Act
3 as outlined in Minnesota statutes Chapter l03B.201 to 103B.255.
4 Subp. . Local comprehensive plan. "Local comprehensive
-
5 plan" has the meaning given it in M.S. section 473.852, subdivision
6 5.
7 Subp. _' Local government unit. "Local government unit" or
8 "local unit" has the meaning given it in M.S. section 473.852.
9 Subp. _. MDNR. "MDNR" means the same as Minnesota Department
10 of Natural Resources.
11 Subp. . MDH. "MDH" means the Minnesota Department of
-
12 Health.
13 Subp. . MDOT. "MDOT" means the Minnesota Department of
-
14 Transportation.
15 Subp. _' MGB. "MGS" means the Minnesota Geological Survey.
. Subp. . Minor plan amendments. "Minor plan amendment" means
17 items such as: recodification of the plan, revision of a procedure
18 meant to streamline administration of the plan, clarification of
19 the intent of a policy, the inclusion of additional data not
20 requiring interpretation, or any other action which will not
21 adversely affect a local unit of government or diminish the WMO's
22 ability to achieve a pl~n's goals or implementation program.
23 Subp. _ . Minor watershed unit. "Minor.watershed unit" means
24 each of the approximately 5,600 minor watershed units delineated on
25 the state watershed boundaries map 'prepared pursuant to the
26 requireme~ts of Laws of Minnesota 1977, chapter 455, section 33,
27 subdivision 7, paragraph (a) and the accompanying data base, and
28 the revisions of that data base.
29 'subp. _. MPCA. "MPCA" means the Minnesota Pollution Control
30 Agency.
31 Subp. _. MUBA. "MUSA" means the Metropolitan Urban'Service
32 Area as defined on maps prepared by the Metropolitan Council. The
. latest version of the map identifying the MUSA is adopted by
34 reference and is subject to periodic change. The latest version
3 3rd Draft 3/1/91
-----------
>
,
\ o~
1 of the map identifying the MUSA may be obtained from the
2 Metropolitan council Data Center, Mears Park Centre, 230 East 5th
3 street, st. Paul, Minnesota 55101. The MUSA is the area of the
4 Seven County Metropolitan Area which the Met Council is committed
5 by policy to provide regional planning for sanitary sewer hiqhWaV'~
6 transit, park and airport facilities.
7 Subp" _" Natural surface water storage and retention~
8 systems. "Natural surface w~ter aft6: storage and retention systems" q
9 mean wetlands as defined by U.S. Fish and wildlife publications, 3
10 Wetlands of the United States. Circular 39, 1971 edition and
11 Classification of Wetlands and Deepwater Habitats of the United
12 states, December, 1979. These documents are adopted by reference
13 and are not subject to frequent change. These documents may be
14 viewed or are available at the U.S. Fish and wildlife service,
15 Federal Building, Fort Snelling, Twin cities, Minnesota 55111.
-
16 Subp. . Official controls. "Official controls" has the (i
- ...t:"'4fI
17 meaning given it in Minnesota statutes, section 473.852. ,"
18 Subp. . Plan. "Plan" means the watershed management plan
-
19 prepared by a watershed management organization or county as
20 required by Minnesota statutes, Section 103B.231, subd. 1.
21 Subp. _ . Plan Review Authorities. "Plan Review Authoritiesll@
22 means the Metropolitan council, the MDH, the MDNR, the MPCA, the~
23 BWSR, and counties, cities, towns, and SWCDs partially or wholly
24 within the WMO as defined in Minnesota Statutes, section 103B.231,
25 Subd. 7, 8, and 9.
26 SubP.. - Protected waters. "Protected waterslt means those
27 waters of the state identified as public waters or wetlands under
28 Minnesota Statutes, section 103G.005, subdivision 15 and 18.
29 Gevc~~:::ty I;C::;:l;::\rc:~:~ ::C::1> ":::u a::.,a~rcas of th~
30
31 Subp. . Seven County Metropolitan Area. "Seven County
-
32 Metropolitan Area means the counties of Anoka, Carver, Dakota,
Hennepin, and Washington, excluding e
33 Ramsey, Scott the corporate ,J~~' _
34 boundaries of the City of New Prague. r
\::.
4 3rd Draft 3/1/91
-.-------...-
- -- - --- --- ----- ----
I ,',
,
-.
-
-..-
1 Subp. _. SPA. "SPA" means the State Planning Agency.
2 Subp. . Subwatersbed unit. "Subwatershed unit" means a
-
3 hydrologic area less than the entire area under the jurisdiction of
4 a watershed management organization.
5 Subp. . SWCD. "SWCD" means Soil and' Water Conservation
-
6 District.
7 Subp. . Urban area. "Urban area .1 Hleano the lfetropol i tan @
-
8 Urban Cervice Area (~ros~) ao defined BY, the Uetropolitan council@
9 and all other land \11. th~n the Coven
10 County lfetropolitan Area within the boundariea of Hlunicipalitic8
11 outoidc the,UUSA.
12 subp. _. Watershed. "Watershed" means a drainage area having
13 boundaries which are substantially coterminous with those of an
14 aggregation of contiguous minor' watershed units possessing similar
15 drainage patterns and which cross the borders of two or more local
.l6 government units.
17 subp. . Watershed district. IfWab~rshed district" means a
-
18 . district established pursuant to Minnesota Statutes, Chapter 103D.
19 Subp. . Watershed management organization. "Watershed
-
20 management organization" or f.organization If means a watershed
21 district wholly wi thin the metropolitan area or a joint powers
22 entity established wholly or partly within the metropolitan area by
23 special law or by agreement that performs some or all, of the
24 functions of a watershed district that has the characteristics and
25 the authority specified under M.S. section 103B.211. Counties may ~,
26 be watershed management organizations if a joint powers WMO does
27 not perform and the responsibility for plan preparation is deferred
28 to them. Lake improvement or conservation districts are not
29 watershed management organizations.
30 Subp. ~. WMO. "WMO" means watershed management organization.
31
32 8410.0030 - CONTENT OF JOINT POWERS AGREEMENTS.
~
3 Subpart 1. In addition to a description of any authorities
"~
34 adopted pursuant to the content requirements of Joint Powers
5 3rd Draft 3/1/91
'J ,
1 Agreements as outlined in Minnesota statutes section 103B.211
2 Subdivision 1, Joint Powers Agreements establishing a water
3 management organization must at a minimum contain the following
4 items:
5 A. a purpose statement consistent with MS 103B. 201,
6 B. a complete legal description defining the boundary of
7 the WMO, and@
8 c. reference or inclusion of rules of order
9 procedure,
10 D. a proceSs for establishing an annual budget and work
11 plan,
12 E. a formula for determining each member's share of the
-
13 annual operating budget,
14 F. a buoineaa ~ddre:Ja \:herc the public can contact the@
15 m10 on ~ regular b~aia,
16 F. a statement as to how member appointees are to be ~"~
17 compensated, e
..,
18 G. a procedure providing for the establishment of citizen@
19 and technical advisory committees or other means of PUbliC~
20 ?articipation when deemed necessary by the WMO or requested by the :Ll
21 public. 2-2-
22 H. a section defining the powers and duties of the WMO,
23 I. a section establishing, at a minimum, the duties and
24 terms of the offices of chair, vice-chair, secretary, treasurer and
25 other members.
26 J. a notification process on the location and time of
27 meetings.
i
28 K. a section defining how WMO staff will be compensated
29 for various WMO duties,
30 L. a section defining the voting requirements for
31 decision making and capital improvements consistent with MS
---
32 103B.211, Subd. 1,. (c) , A
33 ,M. a section outlining meetings to be scheduled not less~ ~~~
34 than sem~-annually. \"-.
....
6 3rd Draft 3/1/91
_....._~".._",.._._-----
"
.
~.
- N. the process and responsibilities of the WMO and its ~
~, 1
2 members for filling vacancies consistent with MS 103B.277,
3 Subdivisions 1 and 2,
,
4 ( O. the duration of the agreement and a process for
5 dissolution which provides for at least 90 days notice of the
6 intent to dissolve to the af~ected county(ies) and the board, and
7 P. a section defining how the membership will be~
8 represented with the total number of repre_~entatives to be not less 2.0
9 than 3.
10 Subpart 2. Joint Powers Agreements must be updated if @
11 necessary to be in conformance with these rules no later than @
12 January 1, 1993 or one year after adoption of Minnesota Rules
13 Chapter 8410. whichever is the latter.
14 Subpart 3. \'A county may aha.ll be a member of a Joint Powers @
15 Agreement WMO when the conditions described in Minnesota Statutes
. section 103B.211, Subdivision 3 are present.
17
18 8410.0040 - REMOVAL OF WMO REPRESENTATIVES.
19 A manager of a Watershed District or a member of a Joint @
20 Powers Board who does not hold the position as an elected official, ~~
21 may be removed from the position by the person's appointing
22 authority for violation of a code of ethics of the WMO or the
23 appointing authority or for malfeasance, nonfeasance, or
24 misfeasance, after being provided an opportunity for hearing before
25 the appointing authority.
26
27 8410.0060 - CONTENT OF WHO PLANS: EXECUTIVE SUMMARY.
28 Each plan must have a section entitled "Executive Summary"
29 which outlines the purpose of the organization, the membership of
30 the WMO board of managers, the general boundaries of the WMO, a
brief history watershed @) '~
31 of the organization, a summary of the
32 management goals. problems problema, the goa.ls, the proposedCC;~
. solutions, the cost to implement them. and general content of
, 34 required local plans.
7 3rd Draft 3/1/91
" '.... ~-
,
, eo
"
1
2 8410.0070 - CONTENT OF WMO PLANS: LAND AND WATER RESOURCE
3 INVENTORY.
4 Each plan must contain an inventory of water resource 'an@
5 physical factors affecting the water resources based upon eXistin~
6 records and publications. To help WMOs satisfy the reQUirements 0 (0,1
7 this section. the BWSR shall" work activelv with the MDNR, MPCA.~
8 MDOH and the Met Council to encouraqe the publication of water 3Y
9 resource data which can be adopted bv reference bv the WMO. The
10 BWSR will reQUest that the above referenced aqencies publish the
11 data on a watershed. county or metro area basis which ever is
12 appropriate. When data publications are adopted bv reference. the
13 WMO must include a brief summary of the data in its plan and must
14 require each local unit of qovernment to maintain an "official
15 COpy" of the document adopted bv reference in their place of .
16 official business for reference purposes. At a minimum, the
17 following information must be included in the WMO plan. Items A ~
' .
18 and C5 are allowed to B4 may be required to be in the local plan
19 instead of the WMO plan.
20 A. Precipitation. The BWSR shall make available a
21 document providing a consolidation of accepted precipitation data
22 normally used in the seven county ,metro-area for hydrologic-and
23 hydraulic design. This document alon with an other ertinen
24 precipitation data. must be ,;hich muot either be included as an
25 appendix in the plan or adopted by reference for use within the
26 WMO.
27 B. General geology and topographic data. Each WMO
28 plan shall contain a summary describing the general toPOgraPhic~~
29 relief, geology, aquifers and all known groundwater-surface wate~
30 connections. The summary should reference available publications
31 and maps where data may be available in greater detail. A map
.,., defining appropriate subwatershed units within the WMO must be
Jw
~
33 included. '. 41
34 C. Surface water resource data. Necessary surface water
8 3rd Draft 3/1/91
---- --
t
.
-.
1 data includes:
2 (1) a map of state protected waters and public
3 drainage ditches, including the location of any existing dams and
4 control structures:
5 (2) a copy of the National Wetlands Inventory Ma
6 produced by the united states Fish and Wildlife Service:
7 available,
8 (3) either an inventorY of the functional values of
9 the wetlands present: or. provision for a ""phased proi ect to create
10 such inventory within a aiven time frame: or. the adoption of a
11 specific process to identify such functional values on a case-by-
12 case basis for the review of individual proiect proposals:
13 (4) a table (or tables) summarizing the primary
14 attributes of MDNR protected waters as avai~able from the MDNR,
15 including the state basin identification number, any local basin
. identification number, basin size, the highest known and lowes~
17 known water levels, the elevation of the ordinary high water level,~
18 lake protection elevations and protected stream flows, any know~3~
19 100 year flood level2' or discharges includinq aHa.the source 0 3~
20 such information, shoreland zoning classification, wetland type,
21 management type, use and value of each resource, number of
22 tributary stormwater systems based on regional, state, local
23 information and public acce~ses"present:
24 (5) a map(s) showing the areas served by each
25 existing stormwater system which identifies existing stormwater
26 ponds and the location of all storm water outfalls:
27 (6) a table summarizing aH available information o:i
28 the 2 year, 10 year and 100 year flood levels and peak discharges
29 of ~ existing and proposed storm water ponds along with flood ~
30 profile information" that corresponds to the peak discharges of
31 channelized flow passing through the watershed. The 'Plan shall
32 determine the need for additional data and recommend a schedule for
. securinq same. A discussion must also be provided relative to the
34 consistency of the flood profile information developed as part of
9 3rd Draft 3/1/91
@
"'\1
1 the stormwater management plan to that of any information published
2 in a FEMA Flood Insurance St~dy;
3 (7) a map showing areas of known flooding problems
4 or a general discussion identifying any known areas of flooding not
5 identified in a published flood insurance study;
6 (8) a list~ng of the existing flood insurance
7 studies and location where they can be viewed;
8 (9) a summary and interpretation of water qualit
9 data and any information if available from SPA, MPCA, MONR, MOOT
10 MDH, the Metropolitan council, the Metropolitan Waste Contro]
11 commission, the WMO, the SWCD, the county (ies) , and city(ies);
12 (10) a map or list. if available. showing the
13 location of known ~ existing and abandoned surface water quality
14 and quantity monitoring sites; .
15 (11) a list of municipalities with approved
16 shoreland ordinances and projected completion dates for those ~
~'#'t
17 without ordinances; and
18 (12) a table listing the permitted amounts and@
19 locations of all surface water appropriations as permitted bv the 4~
20 MDNR and provided to the WMO. operating under umm pend t. @
21 D. Ground water resource data. Necessary ground water~~~O
22 data includes any data required by a county qroundwater plan. ~~
23 E. Soil data. Each WMO plan must include a general 4~
24 discussion of the types of soil present, their relative development~
25 ttfld their infiltration capacitieo characteristics and their
26 tendency to erode. The discussion must include a list of
27 references where more detailed data is available.
28 F. Land use and public utility services. Necessary land
29 use and public utility service information include8 is limited to ~
30 that which existed at the time the' plan or plan amendment was SLJ
31 developed. includinq: @
'? (1) a general map of existing land uses;
.J_
(2) general showing anticipated <f)
33 a map fully .;;.,
II"
...
34 developed land uses; \.'
10 3rd Draft 3/1/91
~~w", "., ,~" . w,;~
c
..
1 (3) a map showing the location of the metropolitan
2 urban service area; at the time the plaR or pl~n amendment \lD.:l
3 de"lelopedl and
4 (4) a map or list by geographic indicator showing
5 the location of community public water supply intakes and wells.
6 G. Recreation areas and land ownership. Necessary
7 information of recreation areas and land ownership includes a map
8 or a discussion I of ohowing the location of all existing and
9 proposed local, regional, state and federal parks, preserves,
10 wildlife areas, recreation areas, hiking trails, canoe routes and
11 water accesses available for use by the public.
12 H. Fish and wildlife habitat. Necessary information of
13 fish and wildlife habitat includes: ~ ~
14 (1) Q map ~nd dCDcription of any otate designated W~~
15 trout lakeD or trout :::;tre~lRD \/i thin the l'7nO 1
'. a list and description of the MDNR ecological
. ~' (1)
17 and management classifications for lakes and streams, where
18 available;
19 (2) a list and description of the conclusions and
20 recommendations of biological surveys or reconnaissance studies,
21 where available: and
22 (3) a description of state management plans for fish
23 and wildlife areas, where available.
24 I. unique features and scenic areas. Necessary unique
25 feature and scenic area information includes a map or description
26 ( 1 isting) of unique features and scenic areas with relationships to @
27 water including state designated natural and sc.ientific areas,
28 areas containing county, state, and federal rare and endangered
29 species, and other features such as waterfalls, springs, historic
30 mills and heritage elements identified by the MDNR Heritage
31 Program. to the extent it is available from the MDNR.
32 J. Pollutant Sources. A map or list a:l provided by the(@3)
. MP€A of:
(1) known closed and open sanitary landfills" closed(S-O)
34
11 3rd Draft 3/1/91
-,,' --- . -
.
~
'..,.<~
'''':~
1 and' operating open dumps, and Minnesota Superfund hazardous waste~
2 sites and a summary of available water quality information relating
3 to these sites;
4 (2) MPCA permitted feedlots, abandoned wells known~
5 to exist bv MDH not sealed in accordance with state statutes and
6 rules, MPCA reQUested underground storage tank sites, and permitted
7 wastewater discharges under Chapter 7001, and a summary of
8 available water quality information relating to these sites;
9 (3) facilitieo tha.t have hazardouo 'i:a.ote generator@
10 identification numbero.
11 If the information outlined in Section J is included in
12 a county qroundwater plan. this information can be excluded from
13 the WMO plan provided suitable references are provided.
14
15 8410.0080 - CONTENT OF WMO PLANS: IMPACT ON OTHER UNITS OF @
16 GOVERNMENT OF OOUNTY, RECIONA~, STATE AND FEDERA~ F~S. ~ei
17
18 In the development of its plan. each WMO shall send a draft of ~
19 policies and goals to each local unit of qovernment. water ~3)
20 util i ties. lake commissions. the SWCD. the Council. the @
21 Environmental Qualitv Board. the state Planninq Aqencv. the state ~
22 Review Agencies and the U.S. Dept. of Interior. if applicable. The, ~5
23 transmittal must ask to identifY any potential inconsistencies with (i;;;;)
24 their respective plans related to water resource management. The (~'l)
25 WMO shall include a discussion of any alleqed inconsistencies ~
26 reported bY respondinq agencies. provided such is provided to the ~
27 WMO within 45 days of transmittal of the WMO's draft policies and ~~
28 goals. Each wrw plan muot identify and di::;cu::;o any WHO goalo ,:hich (79)
29 are inconoiotent
30 \;ith the ,;ater management goalo of any othcr unit of govcrnmcnt,
31 including ;:my city, county, regiona.l parle board, public 'i:orJco
32 department, a local 8W8D, the Hetropolita.n Council, the nmm, thc
33 riPCn, thc UDII, the HDl\. a.nd the U.8. Environmental Protection @
"'...,,:..l
t:~. ~
34 Agency. ....:
.
12 3rd Draft 3/1/91
--,
'.
:
~.
-
I 8410.0085 - CONTENT OF WHO PLANS: ESTABLISHMENT OF GOALS AND
2 POLICIES AND COALS.
3 Each plan must contain specific qoal policy statements and
4 corresponding policies goala relating to the overall purposes of
5 this rule as outlined in Part 8410.0010. The goals and policies
6 and goalo of the WMO shall attempt to avoid conflict with county,~
7 muot not bc in conflict \lith 'regional or state qoals and policies ~
8 and goalo. The qoals aftG must be outlined in sufficient detail to
9 provide direction regarding what the policies are to accomplish,
10 provide direction to the WMO Board, and allow for the success or
,
11 failure of these goals and pOlicies to be quantified. The ~oals~
12 and policies should recoqnize the fundamental relationship between ~9
13 water quality and land use. Development of qoals and policies aae
14 g'o0.13 must, at a minimum address the following issues: . ~
15 A. Wa ter Quanti ty . Plans must outline goals and policies 13
5 describing,how stormwater runoff rates and volumes will be managed.
17 For each subwatershed unit, goals for maximum allowable peak runOff~
18 rate and volume should be established for selected rainfall
19 event (s) . .,-']
20 B. Water Quality. Plans must, at a minimum, outline specific
21 water quality qoals and policies o.nd goo.lo for all surface, public @
22 waters and wetlands within the WMO co......"ity. Goals should _ be ~
23 related to parameters or quanti ties that can be measured and should 83
24 address the relationship to land'use. 8uch 0.0 toto.l PhOOPhoru8,~ I
. 'h 1" d ~r1-Je.
25 chlorophyll 0., occch~ dcpth tro.noparency, etc. T e po ~c~es an
26 goals should be developed to strive for compliance with apPlicable~
27 0.88urc water quality of public ,:o.tcro and 'Jctlando ,;ill meet all,s
28 applicable standards and be suitable for the intended uses of
29 surface public waters, wetland, and qroundwater. intendcd tiOC3.
30 c. Enhancement of Recreation and Fish and wildlife. Plans
31 must outline how water resource based recreational activities and
32 wildlife interests will be protected and/or improved through the
.~ implementation of ~ the plan. In consideration of these issues,
34 the plan must determine whether there is a need to classify or
13 3rd Draft 3/1/91
~
~!'.~...;
1 prioritize individual water resources for manaqement purposes or
2 whether there is a need to establish a wetland bankinq system.
3 D. Enhancement of PUblic partici ation Information an
4 Education. Plans must outline qoals and policies describinq
5 and when public participation will be encouraqed. Goals
6 policies must address as a minimum the creation and pur?oses of:
7 advisorvcommittees and public information programs. In addition.
8 plans must consider the effect of meetinq times and places on the
9 ability of the qeneral public to participate in the business and
10 related activities of the WMO.
11 E. Public Ditch Systems. If public ditch svstems are within
12 the WMO. the plan shall bv policy define the WMO's relationship to
13 the ditch authority. Recommend whether or not there are advantaqes
14 to manaqinq the ditches under the Metropolitan Water Management Act
15 and determine whether ditch maintenance activities have the
~
16 potential of adversely impactinq any qoal of the WMO. .
^', @
17 F. Groundwater. If a county qroundwater plan has not been
18 commenced at the time of the plan or amendment thereof is
19 initiated. the WMO shall assess the need and deqree of involvement
20 the WMO shall have in qroundwater management. and establish
21 appropriate policies and qoals.
22 G. Wetlands. Plans must outline specific qoals and policies
23 reqardinq the manaqement of wetlands within the WMO. Wetland
24 manaqement goals and policies should address utilization,
25 protection and/or preservation. as well as the enhancement or
26 restoration of wetlands identified within the WMO.
27
28 8410.0090 - CONTENT OF WHO PLANS: ASSESSMENT OF PROBLEMS.
29 Subpart 1. Existing Problems. Each plan must contain an
:0 assessment of existing water resource related problems usinq a
31 combination of analysis of land and water resource data cOllected~
32 pursuant to Part 8410.0070 and throuqh the identification of
33 existing or potential problems bv residents or local, regional, or G[j ~
34 state aqencies. During the development of this assessment, the WMO ~
14 3rd Draft 3/1/91
>' i
. "'. ,
- 1 shall request a brief assessment of existing problems affecting the
2 subject WMO from the Met Council, the Metro Waste Control
3 Commission, the MPCA, the MDNR, the MDOH, the MOOT, the Minnesota
4 Department of Aqriculture. and each county and SWCD with land
5 within the jurisdiction of the WMO based on data, plans and other
6 documentation within their ~ossession. The WMO should SOliCi@
7 comments from residents and local officials within the watershed
8 for information about problems which may be more local in nature.
.
9 The WMO's assessment shall include a discussion of the relationshiP~~~
10 of locally identified problems to problems identified by s-a:4d
11 regional and state agenciesL and county(ico) counties, and SWCDs
12 provided such information is received within 45 days of the WMO's
13 written request. The assessment ~f problems aD determined by th~
14 WMG must, at a minimum, include the following topic areas:
15 A. specific lakes and streams with water quality
,.6 problems;
1.7 B. flooding and stormwater rate control issues within and
18 between communities; "atc~
19 C. the pODDible caUDeo of any noted ground
20 contamination1
21 C. impacts of water management on recreation
22 opportunities;
23 D. impacts of storm water discharges on water quality.
24 fish and wildlife resources;
25 E. impact of soil erosion on water quality and water
26 quantity;
27 F. general impact of land use practices, lan;E;~
28 development. and in particular, wetland alteration on water qualit C1~
29 and quantity; ,
30 G. the adequacy of existing local regulatory controls to:~
.)1 (1) reduce manaqe soil erosion and nonpoint source 90
32 pollution,
.1 (2) prevent or mitigate adverse impacts on natural~
\", ;) 4 wetlands, and
15 3rd Draft 3/1/91
-, >
~
~r~
.\
- ,
1 (3) address any existing water based recreation
2 problems; H. the adequacy of local programs to: otrcct and utility ~~;J
3
4 maintcnancc programo to:
5 (1) limit nonpoint source pollution, and
6 (2) maintain the tangible and intrinsic values of
7 natural storage and retention systems; and
8 (3) maintain water level control structures.
9 I. the adequacy of local capital improvement programs to
10 correct problems relating to:
11 (1) water quality
12 (2) water quantity management,
13 (3) fish and wildlife habitat, and wetlan@
14 rcotoration manaqement, and
15 (4) recreational opportunities.
16 Subpart 2. Potential Problems. Each' plan must contain an ~~
17 assessment of water resource related problems which are anticipated q4~ G!
18 to occur or exist in the future, generally within a 20 year period
19 based on growth projections and planned urbanization identified in
20 local and regional comprehensive plans. Such assessments must
21 include a discussion of the relationship between locally identifie@
22 problems and the problems and goals identified in county. regional,
23 state and federal plans which are brought to the attention of the
\
24 WMO Board. The assessment of future problems must include, at a
25 minimum, the topic areas identified in Part 8410.0090 8410.0080,@
26 Subpart 1 where applicable.
27
28 8410.0100 - CONTENT OF WMO PLANS: IMPLEMENTATION PROGRAM
29 Each plan must describe an implementation program consisting(~
30 of nonstructural, structural and programmatic solutions to the@
31 problems, issues, and goals identified pursuant to Parts 8410.0085 ~
32 and 8410.0090. In developing its implementation program the @
. . \ .
33 requirements conta1ned 1n Subparts 1 through 6 must be fOllowed.~~
~(j
34 All plans should clearly define the responsibility of the WMO an :.~
\\'-\
16 3rd Draft 3/1/91
-
. .. \
.
1 th~ local units of aovernment in carryina out the implementation
2 proqram and further define the WMO' s role when a local unit of
3 aovernment is considerina a variance or fails to implement it's
4 water resource manaaement responsibilities. conoidcrcd. All WHO' 0
5 including tho8c WHO 0 c8t.:lbliohed purouD.nt to l1inne~ota ctatutoG @
6 section 1030 may clect to ret.:lin authority for adminiotering qS~
7 certain controlo and programo to the dcgree allowed by law.
8 Subpart 1. Regulatory Controls. In establiShing required ~
9 regulatory controls, . . ' , '5
the follow1ng sect10ns must be considered:
10 A. Each plan must require affected local units of ~~
11 qovernment communitico to adopt an ordinance which requires the
12 maintenance of the state protected waters inventory map and the U. ~
13 S. Fish and Wildlife Service's national wetlands inventory maps in
14 the local units of government official place of business their ~
15 zoning .:lnd plD.nning or building codc3 officeo and further requires ~~
.6 appropriate local the local officialE in charge to advise project ~
17 proponents of the possible need for a county, state or federal
18 permit.
19 B. Each plan must, at a minimum, contain a reqUirement~
20 for the WMO or member communities to adopt or amend local controls~
21 to regulate the alteration of wetlands for projects which an
22 individual state or federal permit is not required due to~
23 jurisdictional limitations or qualify for federal nationwide (or
24 regional) general permits, except where it can be demonstrated that
25 existing or proposed local controls, conditions, or programs
26 provide for the protection of wetlands not fully protected by state
27 or federal law. The plan must also determine whether wetlan~
28 controls should be expanded to smaller or additional types of ~
29 wetlands then specified herein in order to meet the WMO'S aoals. \OS
::'0 Such controls must:
31 (1) specify a process or methodoloay to be used to
"12 evaluate and mitiaate the impacts of proiect ?roposals on wet1and~~
el values, on a one to one basis, includina but not limited to. the~
_ 34 role of the affected wetland on water quality, water quantity and~
17 Jrd Draft 3/1/91
I
~
'ft"@
1 fish and wildlife habitat manaqement: include a procedure to
2 mi tigatc adverDc impacto on lletland T,;a.luCD on a caoe by caDe baDio
3 u::;ing the U.C. Army Corpo of Engineer'o hn:hdboo]( entitled "The
4 PiinneDota. Wetland ET,;a.luation Hethodologyll (lot Edition, 1~88) , or
5 similar method, yhich may include a yetland ba.~[ing program1
6 (2) provide for the review of each local wetlan@
7 al teration permit by the planning commission. the board of ~
8 ad;ustment or by a special wetland review panel knowledqeable in~~
9 :::~:::in:alo~eSa:t ::atU::r: ..:..~::::~n':c:~:i:~~:n i::i::l::::~
10
11 or other qua.lified peroon familinr ,: i th ,,rctland valuco ../hich
12 con::;idero the grcateot degree of mitigation pODoible according to
13 the follO\:ing hicrnrchy:
14 a. avoiding the impact altogether by not taking
15 a certain action or parts of an action.
16 b. minimizing impacts by limiting the degree or ~
17 magnitude of the action and its implementation. ~
~
18 c. rectifying the impact by repairing,
. 19 rehabilitating or restoring the affected environment.
20 d. reducing or eliminating the impact over time
21 by preservation and maintenance operations during the life of the
22 action.
23 e. compensating for the impact by replacing or
24 providing substitute resources or environments,
. 25 (3) mH-S-t: apply to type 2 through 8 wetlands and@
i
26 their related Coward in classifications as defined by MDNR, Division
27 of Waters' 1990 publication entitled Wetland Types and Definitions,
28 available from the Department of Natural Resources, Division o@
29 Waters, 500 Lafayette Road, St. Paul, Minnesota 55155-4032, which
30 are greater than one acre in size~ in rural area::; and greater tha~
31 one half acre in urban and urbanizing areao, and .
32 (4) provide for the notification of the local~
33 government or the WMO, the SWCD, the county, the MDNR and the u.s~~
34 Army cor~s of Enqineers of each local wetland alternation permit {~~" t
~~\
: . O~
18 3rd Draft 3/1/9:t---..-~----'
~'
@
. ,.
-. @
--- C\\\)
I application and allow a minimum of 30 days to submit comment to the
2 permit authority. ~.~crc the authority rcatD with thc local unit of
3 govcrnmcnt.
4 C. Where erosion of soil from urban or rural land
5 activities is noted as an adverse impact on water resources, the~
6 WMO shall specify the additional local controls or programs needed
7 to reduce erosion and sedimentation to receivinq waters as much as l'Se.
8 is practical. to a lc';!::l to oufficicnt to mcct thc urCA stand:lrda
turbidity :for rccchrinEJ - , meeting this
9 for thc ~J:lter . In
10 requirement, local units of qovernment communiticD with rural areas
11 may be given the option of controlling erosion from agricultural
12 crop land by implementing zoning ordinances consistent with
13 Minnesota Rules' Part 6120.3300 Subpart 7, which expands this @)
14 protection to :iJnclude all public ditches and all type 2 - 6 lCl3
15 wetlands greater than one acre in size, and all land within 25-feet
.6 of a surface tile inlet. WMOs affected by specific state laws
17 requiring adoption of uniform county-wide erosion and sediment
18 control standards or programs must be compliant with such laws.
,
19 All other WMO's must either adopt by reference an existinq set of
20 erosion and seaiment control quidelines or best manaqement
21 practices published bv a county. a SWCD. the Board or the MPCA. or
22 establish comparable erosion and sedimentation quidelines of its
23 own for the purpose of administerinq erosion controls.
24 D. :Each plan must also specify rcquirc mcmbcr~~~
25 communitico to adopt local controls which require all appropriate
26 building permits, driveway permits and grading permits to contain~
27 enforceable provisions to protect soil from erosion dUring~
28 . '. .. . . . \~o
constructl.on for pro]ccto \:l.thl.n dcol.gnatcd 3horcl:lnd arC:lOl \nthl.n
29 300 fcct of a \Jctl:lnd, "::ltcrcouroc or otorm ....atcr facility, or
i
30 .J.dj.J.ccnt to otrccto ocn"cd by curb .J.nd guttcr. This does not
31 include sites for which . approved erosion control plans are in
32 place.
. E. Anyipl.J.n rcquiring IOC:ll control 0 rclatcd to crooion~
34 .J.nd ocdimcnt con~rol muot cithcr adopt by rcfcrcncc .J.n cxioting oct
19 3rd Draft 3/1/91
-~
, ~
~
_.t~-, "
..",I.. .~
.,
0<,.
1 of crosion and Dcdimcnt control guidclincD publiDhcd by a county ~~
2 SWCD, thc boara or the HrCA, or catabli13h comparable croDion and
3 Dcdimcnt~tion guidclincD of itD O'ilR for the purpoDo of
4 ~dminiDtering Daid controlD.
5 E. Each plan must require member local units of
6 qovernment communitics to adopt and administer a MDNR approved
7 shoreland and floodplain ordinances where mandated by state law.
8 Further, where the plan notes that flood damage has occurred
9 outside of mapped floodplains or potential for flooding exists
10 adjacent to stormwat~r facilities, each plan shall determine which ~
11 structural or nonstructural actions are necessary to address the
12 situation. Dpccify the additional local controlD ncccDDary to
13 clc...ate or floodproof no\[ DtructurcD baDed upon bCDt ~.Jail~blc high
14 \l~tcr d~ta.
15 F. Each plan must require member local units of
@
16 qovernment communiticD to adopt and administer ordinances .to abate .f.,~'
~,~. ~
17 public nuisances which have the potential to impair water quality. . .
18 For the purpose of these rules, public nuisances shall include, but
19 not be limited to, the discharge of Yegct~ble matter biomass (such
20 as grass clippings and leaves) onto public streets; improper
21 disposal of petroleum products, soil, rubbish, debris, and offal,
22 uncontrolled access of livestock to water bodies, sewage treatment
23 systems not conforming to MPCA design standards, or any othe$
24 mattcr action which would constitute nonpoint pollution in it \ ~S
25 present or decomposed future altcrcd state.
26 Subpart 2 - Stormwater , Drainage Design Performance
27 Standards. Each ~lan must contain minimum standards for the design @3 ~
28 of new stormwater conveyance, ponding and treatment systems.
29 Included will be performance standards which provide for: ~
30 A. the establishment of target in-lake nut r i e n t<:.... <:'O"'....I'T'1"~
31 conce~trations and correspondinq pollutant loadings for sediment~
32 and nutrients consistent with the overall qoals of the WMO. ~
33 municip~l bound~ric:;, ~nd diDch~r'gcD to lalceo, otrcamD and river:; @ .e
34 80 ~D to m~intain their intcnded UDC. ~ ...'
.
20 3rd Draft 3/1/91
, ~
.
- o~
1 B. the design storm frequency for establishment
2 maximum permissible runoff rates based on such considerations as,~
3 existing and future flood levels and expected increases in runoff \~3~
4 volume with respect to impacts on downstream channels and adjacen~
5 development;
6 C. the establishment of standards to reduce the impacts
7 of flooding on wildlife and personal and real property.
8 D. the establis~ment of design criteria for stormwate{J~~
9 outlet structures to address providc for thc' removal of floatab~~
10 pollutants and to provide for access for maintenance and repair;
11 E. pond design methodoloav for nutrient entrapment~
L~~E
12 consistent with the subwatershed qoals. and qenerallY acceptable to
13 the MPCA, e'l'livale..t to, at a ..i..i....m, that rc".....eRdcd by the ~
14 N=:l.tiomddc Urban Runoff I'rogram or thc Uctropolitan Counoil or ~4
15 fcdcral or atatc rcgul=:l.tory program 0.0 ouoh otand=:l.rdo may bc
16 dcvclopcd1
F. compliance with pollutant loading for specific
18 subwatersheds, consistent with local, regional, and statewide plans
19 in consideration of MPCA water quality standards;
20 Subpart 3. Information program. All plans must ~
21 IC=:l.ot oncc a YC=:l.r provide for the publishing of at least one \4~
22 writt~n communication per year identi~ying tne representatives on ~
23 the WMO Board, current advisory committee members how to contact~
24 the WMO, its role in local water management, the goals and policies <l~~
25 of the WMO, when public meetings are held, how the WMO is financed,
;
26 where the plan can be viewed, and any other information1relative to
27 the implementation of its plan. The communication may be
28 accomplished through the publication of a news letter, publication
29 of all or a portion of its annual report, an article or news
30 release submitted to a local newspaper widely distributed in the
31 member communities, an attachment to a sewer or water bill, or any
32 . other similar media format which annually reaches the general
3341t population.
subpart 4. Data COllection programs
21 3rd Draft 3/1/91
'"
--
.'
~
.., ,"':
.~"'@
..,
"r~
1 A. All plans must establish water quality and quantity ~
2 monitoring programs that are capable of producing data of \~4
3 sufficient quantity and parameters which will be able to be used to ~
4 ascertain whether 'the water quality goals of the WMO are beinq \~<;
5 achieved. at lcaot c~-Icry fivo ycaro ohmJ'ing whcthcr tho mcmbcr l~
6 communitico a.re achic~..inq thc numcrica.l pcrforlfta.ncc qoalo dcocribed
7 in 84 10 '. 0100 Cubp. 2 (as a.mcndcd by previouD coRlftlcnto described
8 ab o~..e) . Such plans proqrams shall, at a minimum, include the
9 proposed location of sampling, the proposea frequency of sampling,
10 by month and ycar, the proposed parameters to be measured and the
11 requirement of periodic analysis of the data. propooed uoe of the
12 data collected at cach point.
13 B. WMOs shall submit a draft of the details of al ~rm:.t
--
14 monitoring programs to the BWSR Het Council for coordination of a
15 45 day review and comment period. prior to commencement of the
16 local revie'il proceee eo that a.ccurate eotimatee of the coat of l3\b~
:p'
17 programo can be e9-1aluated and maximum coordination of data \,l <3
18 colleotioR ooouro. ~
19 C. All plans must require the WMO local uni ts of \.'11-
20 government collecting water quality and quantity management data,~
21 including data collected by an NI'DEC etorlft'io-,'ater permit, to annually ~
22 submit such data to' ,. . l~
23 report ouch data to the county, the MPCA
24 Council for poooiblo entry into public access data bases.
25 D. All plans must require that water quality analYSeS~
26 associated with required monitoring programs except field tests be \~~
27 conducted by laboratories certified by the Minnesota Department of
28 Health. uoing methode appro~ed by the U.S. Environmcnt I'rotection~~I~
29 l\.gcncy.
30 Subpart 5. Management Programs.
31 A. All plans must assess the need for periodic
32 maintenance of public works, facilities and natural conveyance
specify revisions existing ~
33 systems and any new programs or to ,,~..
34 programs needed to accomplish its goals and objectives. Plans must ' ?' ~
22 3rd Draft 3/1/91
/
------
..
~~',-.
1 further identify which units of government or private parties are~~
2 responsible for maintenance thereof... Plans ohauld must, at a
3 minimum, ;lddreoo assess: ~~~ITTJ:.?
4 (I) the need and frequency for sweeping of public
5 and private streets and parking lots;
6 (2) the need and frequency for inspecting stormwater
7 outfalls, sumps, and ponds;
8 (3) the adequacy of maintenance programs for~
9 hi~hway", storm water facilities and water"ievel control structures @
10 ai:'e owned by a unit af ~overnment other tho.n a WUO member both WMO \1'0
11 members and nonmembers;
12 (4) the condition of public ditches constructed
13 pursuant to MS 106A or 112; aftd
14 (5) the need to establish a water body managemen~
15 .. . . . . 191
class1f1cat10n system to prov1de for water qual1ty and quant1t
.~ management based on a hierarchial basis: and \~,
(6) the adeauacv of local spill containment and~
18 clean-up plans.
19 B. All proposed management programs establishing a
20 classification system ~for the management of ~ater bodies shall be
21 consistent with Minnesota Rules Chapter 7Q50. Where WMO
22 classifications are inconsistent. the WMO shall petition the MPCA
23 to revise the MR7050 classification.
24 Subpart 6. Potential structural solutions to problems.
25 A. structural options to existing problems. All plans
26 which document existing water management problems which cannot be
27 resolved by preventative actions shall investigate the feasibility
28 of implementing ;In;llyze at leo.ot one structural solutiona which
29 would remediate or resolve each problem. All projecto outline~
30 purouo.nt to thio rule in ;l HHO eot;lbliohed in ;lccord;lnce \Jith
31 P1inneoota Gto.tuteo Section 1030 oho.ll be conoidered ta be eligible
32 for petition for implemento.tion purOu;lnt to IE 103D.705.
. B. Cost analysis. For each structural solution
proposed, all plans shall provide a cost estimate and a
23 3rd Draft 3/1/91
~...... ----~ ~~
.
~
.~
1 recommendation as to how it should be funded. No capital
2 improvement initiated by a WMO plan may be funded pursuant to Minn.
3 statutes 103B unless it is adequatelY described in the plan.
4 c. Priorities. Each potential structural sOlutio~
5 identified pursuant to this section shall be assigned as either
6 high priority, medium priority or low priority. In assigning
7 priorities, consideration shall be given to regional and state
8 plans in conjunction with the WMO's policies, goals and problems
9 identified in Parts 8410.0085 and 8410.0090.
10
11 8410.0120 - CONTENT OF WHO PLANS: XMPACT ON LOCAL GOVERNMENT.
12 Subpart 1. Conflict with Existing Local controls. All Plan@
13 shall contain an analysis of the status of local controls and
14 programs required in accordance with Part 8410.0100. Such analysis
15 will include concerns expressed by counties. cities and townships
16 with respect to their administrative and financial capabilities to @
0"" i
17 adopt and enforce such controls and programs in addition to a table ?
-,
18 which generally describes the status of local controls and programs
19 of affected counties. cities and townships with respect to that
20 required by the plan. t
)
21 Subpart 2. Financial Xmpact on Local Government. All plans
22 shall contain an analysis of the financial impact of implementation
23 of the proposed regulatory controls and programs identified
24 pursuant to Part 8410.0100. Such analysis shall include at a
25 minimum an estimate of:
26 A. the average annual cost of plan implementation
27 to the WMO including the anticipated cost of meeting the reporting
28 requirements of MS 103B.231, Subd. 14.;
29 B. the average annual cost of implementation of
30 local controls, programs and standards for each affected counties.
31 city or township;
32 c. the tax capacity of the affected local units of
33 qovernment; cornrnuniticol @
-...~.t.
34 D. whether levy limits impact the ability of .~:o.,*,' ~
..
24 3rd Draft 3/1/91
-
--- - --- ----- --
, '.'
.
~'.
1 affec.ted communitics local units of qovernment to finance its share
2 plan implementation;
3 E. the impact on each countv, city and township
4 for the implementation of each CIP component if ad valorem
5 financing is to be used; .
6 F. the rang~ and median costs of imPlementation~~
7 against homes or farmsteads in affected communitic3. local unit Of~
8 qovernment. B~ A
9 G. other potential sources of annual revenues,
10 such as storm water utility fees; and
11 H. a summary of grant funding that might be
12 available intermittently to fund water management projects and
13 programs.
14
15 8410.0130 - CONTENT OF WHO PLANS: IMPLEMENTATION PRIORITIES.
~6 All plans must prioritize plan implementation components to
;.!l. 7 make the best use of available local funding, to prevent future
18 water management problems from occurring and to ensure that
19 regional, countv, state and federal grant funding is targeted ~
20 properly. Consequently, WMOs shall prioritize all implementation l8S
21 components as high, medium, or low priority. This prioritization
22 must take into consideration both local and WMO priority issues.
23 The follo\dng ~tandardo ~hall' apply in usoigning ~ priority: ~
24 schedule for implementation of components must also be provided. (IB~
25 Subpart I. High priorities. rlan implcmentation component3~
26 that muot be implemented 'tli thin b:a ycaro. 91
27 Subpart 2. Ucdium priorities. rlan componento that 'mu~t be~
28 implemented in two to five yearo. ~
29 Subpart 3. Low priorities. LOt; priority projecto and programa <\0
30 include CII' proj ecto \;hich benefit only one community. rlan \
31 componcnto that muot be implemented in fiyc to ten ycaro. l200-1
32
, 8410.0140 - CONTENT OF WHO PLANS: IMPLEMENTATION SCHEDULE
subpart I. Required implementation components.
25 3rd Draft 3/1/91
-- -~ ---~-
- '-
. " -. - ,,~ --'":.....-'- :....~ ':.~~ .-::...."'" -. j
. I
C!)
1 A. All plans must require adoption of the ~
2 regulatory controls, storm water design standards, education
3 program, data collection programs, and maintenance programs which ~
4 are identified M:i "rSlitlh:'-J.11 in Part 8410.01000 s.u~!=lart.23 I, 2, 3 ,. ~
5 ~ anQ 9. C\~C\)
6 Subpart 2. All plans must clearly distinguish the
7 responsibilities of the WMO versus the responsibilities of affected \
8 counties. cities and townships with respect to each implementation
9 program element established in accordance.. with Part 8410.0100.
10 Subpart 3. All WMO plans must include a schedule for
11 implementation by the WMO, JPA members and affected local units Of~
12 government. Implementation of the All WMO plan controls. an<@)
13 proqrams must be in effect accompliohed within one year of plan
14 adoption. All local plan controls and programs must be developed~
15 and in effect implemented within two years of WMO plan adoption. ~
16 Subpart 4. All plans shall include a capital improvements ~
17 program which identifies specific capital improvements necessary to ~v~
18 implement the water resource management obj ecti veo qoals and C~.q ~
19 policies of the WMO. It shall also include improvements identified
20 in a county. regional or state water resource management plan2,~~5)
21 provided ~t le~ot 50 percent of the cost of the capital improvement
22 wil.l be funded by revenues generated at the countv. regional, state @
23 or federal government, and projects identified as a high priority
24 in Section 8410.0130, Subpart 1.
25 Subpart 5. All plans must identify the qovernmental unit
26 and specific department within that unit that is title of the@
27 per:::JOn or peroon:J responsible for the implementation of each
28 component of the plan as well as the procedure to be followed to~
29 enforce violations of the controls of the WMO as well as the local ~
30 unit of government. The enforcement procedure will identify the
Jl specific legal council rcopon~iblc process to be followed for both
32 civil and criminal enforcement processes.
33 /2A
34 8410.0150 - PLAN CONTENT: AMENDMENT PROCEDURE .,)? <:
26 3rd Draft 3/1/91
" -' ~:;;.::' ~ ~~ -~ -"-- ~ -"'-.-
.. .
.
.
1 Subpart 1. Amendment section. All plans must contain a
2 section entitled "Amendments to Plan" which cont"ains the year the
3 plan shall extend to and establish the process by which interim
4 amendments may be made and who may initiate such amendments.
5 Subpart 2. General amendment procedure. All amendments to a
6 plan must adhere to the review process provided inMS 103B.231,
7 Subdivision 11, except where the proposed amendments constitute
8 minor amendments, provided;
9 A. a public hearing has been held on the matter,
10 B. a notice of public hearing has been published in the
11 WMO's legal newspaper at least)10 days prior to the hearing,
12 c. a notice of the hearing and a copy 'of the proposed
13 amendments is sent at least 30 days prior to such hearing to all~~
14 plan review authorities, and contiguous local units of government
15 including adjacent WMO's.
~~ D. the WMO announces at the hearing and in the notice of
hearing that any aggrieved party may request to the board within 10
18 days of the hearing that the amendments be reviewed in accordance
19 with MS 103B.231, Subd. 7,8 and 9, and
20 E. the board has either approved the amendments, has
21 decided that a full review of the amendments is not needed pursuant
22 to MS 103B.231, Subd. 11 or has not taken any action within 45 days
23 of the date of the hearing.
24 Subpart 3. Form of amendments. Unless the entire document is
25 reprinted, all amendments adopted by the WMO must be printed in the
26 form of replacement pages for the plan, each page of which must, ~
27 A. show deleted text with strike-outs and new text as
28 underlineg,
29 B. be re-numbered as appropriate, and
30 C. after adoption by the board, include the date of
31 adoption.
32 Subpart 4. Distribution of amendments. Each WMO must maintain
.1 a distribution list of agencies and individuals who have received
34 a copy of the plan and shall distribute copies of amendments within
27 3rd Draft 3/1/91
---------..---------
, .
.,
, ","
1 30 days of adoption thereof. All WMO's should consider ~
"
2 diotribution sendinq drafts of proposal amendments to all plan ~~'i)
3 review authorities to seek their comments prior to establishing a
4 hearing date or commencing the formal review process.
5 Subpart 5. Amendments required b~ law or rule.
6 A. When county, regional or state-wide water management
7 plans are revised, and the responsible agency notifies the WMO and
8 the board of the possible need to revise the WMO plan, the WMO
9 shall within 60 days ~f such notification reopond indicate to the~~
10 agency and the board as to whether they feel a revision is ~oS)
11 necessary. If a revision is necessary. the WMO shall concur and
12 specify a schedule for amending the plan.
13 B. The plan must be amended no later than the next year
14 evenly divisible by five unless required by special legislation.
15
16 8410.0160 ANNUAL REPORTING REQUIREMENTS. .
17 Subpart 1. Requirement for annual financial, acti vi ty, and Cdci. i<:l
18 audit reports. By June 1 of every year, each WMO shall submit to @
19 the BWSR a financial report,' an activity report, and an audit 2.IQ
20
21 expended or accrued.funds during this time. These reports may be
22 combined into a single document. The audit report for the 2..\
23 proceeding calendar year must be prepared by a certified public 2\4
24 accountant and also forwarded to the State Auditor's Office no 222.
25 later than June l. Once every 5 years a state audit must be
26 completed.
27 Subpart. 2. Content of annual financial and audit report. The C? \~
28 annual financial report must include the following information: ~. ~
29 A. the approved budget; 2.'2..2-
30 B. a reporting of revenues in the follOlJing format
31 including:
32 (1) property taxes
33 (2) special assessments
'., 1 (3) payments in cash in kind from the joint ~
..J ..~ or ,-.tr
Q
35 powers WMO members ~~
36 (4) state government
28 3rd Draft 3/1/91
"
.
.
1 (5) federal government
2 (6) borrowing
3 (7) interest earnings
4 (8) sale of assets
5 (9) sale of services
6 (10) fees and charges
7 (11) miscellaneous
8 (12) total revenues: and
9 c. a reporting of expenditures' in the follo\:ing form~@
10 includinq:
11 ( I) construction
12 (2) land rights
13 (3) engineering services
14 (4) legal services
15 (5) accounting services
.16 (6) audit cost
17 (7) other contractual services
18 (8) employee costs
19 (9) board member costs
20 (10) office rent, utilities, supplies, equipment,
21 postage, communications, printing and copying,
22 publications, 'membership dues, and subscriptions
23 ( 11) debt service
24 (12) insurance
25 (13) miscellaneous
26 (14) total expenditures.
27 D. a financial audit report or section which includes a~
28 balance sheet. classification of revenues and expenditures. aL?-\)~
29 analysis of chanqes in final balances and any additional statement
30 deemed necessary for full financial disclosure.
Jl E. the legal compliance review shall report on
"l? conformance \-lith statutory requirements reqardinq the following
,..
3 items:
J4 (1) metropolitan surface water manaqement act:
29 3rd Draft 3/1/91
.
.
~
I (2) desiqnation of depositories;
2 (3) preservation of public records;
3 (4) employee coveraqe under public employees
4 retirement association and social security;
5 (5) uniform contractinq law;
6 (6) qroup medical and hospitalization insurance;
7 (7) mileaqe allowances;
8 (8) limitation of tax levies;
9 (9) net debt limitations; - .
10 (10) open meetinq law;
11 (11) public officer interest in contracts;
12 (12) surety bonds; and
13 (13) borrowing.
14 Subpart. 3. Content of annual activity report. The annual~V
15 activity report must include the following information:
16 A. a list of WMO board members. advisory committee board(~O~
17 members and board member vacancies at the end of the reporting @
18 year; including designated officers and member mailing addresses
19 and telephone numbers. For joint powers WMOs, the list must
20 indicate the governmental organization each board member
21 represents. For watershed districts, the list must indicate the
22 county that each member is appointed by;
23 B. a list of WMO employees and consultants; including
24 mailing addresses and telephone numbers.
25 c. a list of capital improvement projects, from the
26 capital improvement program, initiated or completed during the
27 reporting year, including a description of each project, the
28 estimated cost, and the method of financing;
29 D. a liat of propoaed ~ctiona revie\:ed ~nd per~it&)
30 i::;aued, including- brief deacriptiona of: the propoaed actlon::;
31 re..ie~led, the deciaion made by. the wuo Board on c~ch propoGcd
32 ~ction revie\led (including 'v'ari~ncea granted) , and the permita
$
iaaued by the mm Bo~rd, a description of proposes actions reviewed .~
33 . .'j:
34 and permits issued. includinq numbers of permits. a description of '"
30 3rd Draft 3/1/91
,
.
~'.
"
. ~
1 each variance issued and descri~tion of permit monitoring done to
2 ensure compliance:
3 E. a list of known actions initiated without proper@
4 permit. siqnificant violations of permit reauirements. and a brief
5 description of variances issued: tha.t yiolatcd WUO plan policico or
6 the ruleD ilnd ordinanceo that implcmcnt WIIO Illiln policico,
7 incluainq brief dcocriptiono' of the violation13 and the aotiono
8 ta]cen by the WUO or affeoted local qo~:erRmental unit,
9 F. a liot of writt.en oomplaints or oomplaints
10 opecifioally entcrcd at offioial meetingo that ilre made to the Wl!~
11 Board about Ilosoible 7iolationo of the WUO plaR or the ruleo or
12 ordinanoco that implement ~iO plan policieo, including the aotiono
13 takcn by the l'~UO,
. cities and towns that at th~
14 F."a list of the counties.
15 end of the reporting year had not adopted required ordinances in
.~ accordance with the schedule set forth in the WMO plan, including
descriptions of the required ordinances and:the actions taken by
18 the WMOi
19 G. a copy of the written communication required by Part
20 8410.0100, Subpart 3:
21 H. a statement of changes in the fund balances of the WMO
22 fo~ the reporting year, a discussion ,of th~ financial condition of
23 the ~~O, and an assessment of the ability of the WMO to financially
24 support the activities needed to achieve the objectives of the WMO
25 plan: afld
26 I. the status of any adopted wetland banking .program: and
27 J. compliance with MSI0313.227 Subd. 5 relating to
28 biannual reauests for proposals for services.
29 K. the legal compliance rev i CI',;r ohall report on
30 conformanc~ r,;ith otatutory requircmenta regilrding the follo'idng
31 itema:
32 (1 ) metropolitan ~urfilce water managemcnt act,
.: (2) deoignation of depoaitorieo,
(3) preoervation of public recorda,
31 3rd Draft 3/1/91
, . "
"
.~
1 (4) employee coverage under public employeeo
2 retirement ~ooociation and oocial oecurity,
3 (S) uniform contracting law,
4 (6) ~roup medioal and hoopit~lization inouranoe,
5 (7) milc~ge ~llow~noeo,
6 (8) limitation of tax levieo,
7 (9) net debt limitationa,
8 (10) open meeting lay,
9 (11) publio offioer intereot in oontraots,
10 (12) surety bondo, and
11 (13) borrm.:ring. ~
12 Subpart. 4. Contont of anBual audi~ repor~. The annual audit
13 report ohall include financial o~~temento and a legal comPliano~
14 revie~ 0.0 follows:
15 h. including a balance oheet, claooification of revenueD
16 ilnd expenditures, and an anali'oio of ohangeo in fund Balance. .
17 l\.dditional otatements anall Be inoluded if needed for full ~
....~:
18 finanoial diocloourel and
19 Subpart. 4. Procedure for state audit. The BWSR shall use the
20 following procedure in determining whether to order a state
21 financial or performance audit of a WMO:
22 A. Before the BWSR will consider ordering a state audit,
-"",......,
23 a written complaint must be filed with the BWSR's executiv~~IA)
24 director requesting the BWSR to order a state audit. The complaint
25 must set forth with as much specificity as possible the grounds for
26 requesting a state audit. The complaint muot provide evidenccth~t
27 a ... iola tion of ot~te 10.\,'1' hao ocourred. Valid grounds for
28 requesting a state audit include the mishandling or misuse of
29 public funds and or the documented failure to implement an approved
30 plan.
31 B. The executive director shall determine whether there
32 is a basis for a complaint before reporting the complaint to the
33 BWSR. The executive director shall ensure that the affected WMO is Cj)
34 notified of the complaint and given aq opportunity to respond to "'1' ~
'"
32 3rd Draft3/1/9l
/
---,<,-
--- ------- ----
, . .
.
1 the allegations prior to determining whether there is a basis for
2 the complaint.
3 C. If the executive director determines there is a basis
4 for the complaint, the complaint shall be reported to the BWSR. The
5 affected WMO shall be given an opportunity to appear before the
6 BWSR at the time the complaint is reported to it and respond to the
7 allegations in the complaint. The complainant shall also be give~
8 an opportunity. to appear.
9 D. After having the complaint reported to it, and after
10 providing an opportunity for the WMO and the complainant to be
11 heard by it, the BWSR shall decide whether to order a state
12 financial or performance audit of the WMO.
13
14 8410.0170 - CONTENT OF LOCAL PLANS: GENERAL STRUCTURE.
15 Local plans must at a minimum meet the requirements for local
.6 plans as set forth in M.S. 103B.235. They must include sections
17 containing a table of contents, purpose, water resource related
18 agreements, executive summary, land and water resource inventory,
19 establishment of goals and policies, relation of goals and policies
20 to local, regional, state, an9 federal plans, goals, and programs,
21 assessment of problems, corrective actions, financial
22 considerations, implementation priorities, amendment procedures,
23 implementation program, and an appendix. Communities should
24 consider including its local plan as a chapter of its local
25 comprehensive plan. The local Ian shall be com leted
26 years of the BWSR's approval of the WMO plan.
27
28 8410.0180 - CONTENT OF LOCAL PLAN: STRUCTURE. sectionC~)
29 Subpart 1. Purpose. Each local plan must have a
30 entitled "Purpose" which outlines the purposes of the water
31 management programs required by Sections I03B.205 through 103B. 255.
32 Subpart 2. Water Resource Related Agreements. Any water
. resource management related agreements, which have been entere~
34 into by the local community must be outlined. This includes all
33 3rd Draft 3/1/91
.
" .
4
~~
1 joint powers agreements related to water manaqement the local
2 community may be party to between itself and the WMO, adjoining
3 communities, or private parties. Available information concerning
4 these agreements in general conformance with the content of joint
5 powers agreements for WMO's as outlined in Minnesota Rules section
6 8410.0030 must be included.
7 Subpart 3. Executive Summary. Each plan shall have a section
8 entitled "Executive ~ummary" , which generally summarizes the
9 content of the local plan in a.manner simIlar to that required for
10 WMO plans under section 8410.0060.
11 Subpart 4. Land and Water Resource Inventory. Each local plan
12 must contain a composite land and water resource inventory
13 containing all relevant data from WMO plans affecting it consistent
14 with the data required by Minnesota Rules section 8410.0070.
15 Subpart 5. Establishment of policies and Goals. Each loca
16 plans must contain state specific policy ot~tcmcnt3 qoals an
17 corresponding policies goalo related to each of the overall
18 purposes outlined in Minnesota Rules Part 8410.0010, be consistent
19 with the policies and goals of the WMO plans within the city or
20 township, and address the relation of the local plan to the
21 regional, state and federal goals and programs outlined in Section
22 8410.0080.
23 Subpart 6. Assessment of PrOblems. Each plan must contain ~~~
24 summary assessment of existing and potential water resource relat~~
25 problems. includinq those identified in ~ WMO plans which affec ~~
26 the community. The problem assessment must be completed for only
27 those areas within the corporate limits of the community and meet
28 the same content requirements as that outline?- for WMO Plan&..d)
29 pursuant to Minnesota Rules Section 8410.0090, Subparts 1 and 2.
3D subpart 7. corrective Actions. Each local plan shall describe
31 non-structural programmatic and structural solutions to the
32 problems identified in Part 8410.0180, Subpart ~ 5. The mandatory ,
33 actions outlined in Minnesota Rules Section 8410.0100, Subparts ~~
'34 through 6 for WMO plans, shall be considered except that such {
34 3rd Draft 3/1/91
~ ~~-__D___.'___'__
.
"
.
1 actions shall be limited to those that can be implemented at a
2 local level. All corrective actions must be consistent with ~
3 corrective actiono oatlined in the WHO planes) having jurisdiction
4 within the municipality or township.
5 Subpart 8 - Financial Considerations. The local plans must
6 contain an analysis of the financial impact of implementation of
7 the proposed regulatory controls and programs identified pursuant
8 to Part 8410.0180, Subpart 6. The analysis must include at a
9 minimum the following items: -,
10 A. the estimated cost of adoption and enforcement of
11 local controls and standards for the local municipality;
12 B. the estimated annual cost of implementation of other
13 specified programs to each local municipality;
14 C. the ta~ capacity for the local community, a discussion~
15 of local ability to fund adoption of and enforcement of local
6 controls and standards. implementation of other specified proqrams.
17 and capital improvements. Discussion to include:
18 (1) levy limit constraints:
19 (2) effect on other city fundinq needs;
20 (3) establishment of watershed manaqement taxinq
21 districts:
22 (4) creation of stormwater utilities: and
23 (5) monetary impact against homes or farmsteads in
24 effected community.
25 D. a diocuooion on whether levy limito impact the ability
26 of the community to finance the plan, ~
27 E. an eotimate of the amount of funding that could be
28 raiaed for implementation of "'later management programo baoed on
29 varying tax rates,
30 D. the impact on the local municipality of local
31 implementation of each capital improvement project component if ad
32 valorem financing is used;
. E. a determination of " the need to establish watershed
34 management tax districts;
35 3rd Draft 3/1/91
- -- -- -----
, ,
,
@
. -I.'
,a:
"~
1 F. an estimation of the range and median cost fO&j)
2 implementation against sample value properties homcc or farmctcado
3 in affeoted oommunitieo based on the implementation of the various
4 activities:
5 G. the potential revenue sources and estimate of annual
6 funding levels including storm sewer utility fees: and
7 H. a summary of grant funding that would likely be
8 available to fund water management projects and programs.
9 Subpart 9. J:mplementation Priorities. Local plans must
10 prioritize implementation components so as to make the best use of
11 available local funding, prevent future water management problems
12 from occurring, and ensure that grant funding is targeted.properly.
13 Local plans must prioritize WMO plan implementation components into
14 high, medium, and low priorities in consideration of WMO priorities~~
15 as outlined 'Pursuant to 4:ft Part 8410.0130, but for only those
16 implementation components that must be facilitated by the local ~
17 municipality or township. ~
'.
18 subpart 10. Implementation Program. All local plans must
19 outline required and optional implementation components that apply
20 at a local level. These components shall be consistent with the
21 required and optional plan components outlin~d for WMO plans under~
22 Part 8410.0140. Official local controls must be enacted with 6 ~3'2-
23 months of adoption of the local plan.
24 Subpart 11. Amendment Procedures. The local plan must contain
25 a section entitled "Amendments to Plan", which contains the year
26 the plan shall extend to and establish the process by which
27 amendments may be made. The amendment procedure shall be in
28 conformance with the plan amendment procedure outlined in the WMO
29 plan(s) that effects the community. Local plan amendments must be~
.;1;;) ~
30 forwarded .to each WMO affected bv the local plan amendment for
31 review and approval prior to adoption. @
32 Subpart 12. SUbmittal and Review. All local plans shall be
33 submitted to all affected WMOs for review in accordance with Minn. 8
' "
34 statutes Section 103B.235. Each local unit of qover'nment must also r
\.
36 3rd Draft 3/1/91
,-.-..---.--------
, " I .'
" ,
.
.
- 1 notifv affected WMOs within 30 days of adoption and implementation
2 of the plan. includina the adoption of necessary official controls.
3
4 8410.0190 - DETERMINATIONS OF FAILURE TO IMPLEMENT.
S Subpart 1. Applicability. This part applies when a plan is
6 not being implemented for a watershed either because there is not
7 a WMO, or because the WMO has not adopted an approved plan, or
8 because the approved plan is not being carried out.
9 / Subpart 2. Establishing' cause. Prior to the board's
~
10 involvement in determinations of whether a plan is being properly
II implemented, the board shall first establish just cause for such
12 determination by review of a written complaint from an aggrieved
13 party or through conclusions arrived at by board staff pursuant to
14 the review of a WMO's annual report. Any complaint or appeal made
15 by an aggrieved party pursuant to Minnesota Statutes section
~~ 103B.231, Subd. 13 must be made in writing to the Executive
Director of the Board and must summarize the issues at dispute and
18 the efforts the party made to resolve the problem.
19 Subpart 3. Board staff responsibilities. ~
20 A. Staff investigation and report. Board staff may
21 investigate issues relating to alleged failure to implement plans
22 primarily by response from written complaint from an aggrieved
23 party or by review of WMO annual reports. Within 30 days of
24 receiving a written complaint, board staff are required to initiate
25 a preliminary investigation of the facts as they appear based on
26 personal observation, review of all relevant documents and
27 discussions with involved parties. The results of this preliminary
28 investigation shall be reviewed with the executive director, and
29 the board's legal counsel if appropriate, prior to preparation of
30 a report. The report shall ascertain whether a failure to
31 implement exists, define the exact nature of the failure to
32 implement and recommend a course of action.
~~ B. Meeting to discuss staff report. Upon completion of
a report regarding a complaint or review of an annual r~port, the
37 3rd Draft 3/1/91
. .,
-,
e
. 'Ej
1 staff shall send a copy of its report by certified mail to the WMO
2 members of record to set a time and place for a meeting agreeable
3 to all parties to informally discuss the contents of the report if
4 a conflict exists. Afly The complainant or any other aggrieved or ca3~
5 affected party shall also be sent a copy of this report by
6 certified mail and shall be invited to attend any meeting held to
7 discuss the report.
8 c. Official response from WHO. The affected WMO shall
9 be allowed 30 days to hold a public meeting to develop a formal
10 course of action if the joint powers agreement requires such
11 process. Any formal response shall be sent by certified mail to
12 the board as well as any aggrieved or affected party within 15 days
13 of such meeting.
14 D. Appeal to Dispute Resolution Committee. The
15 affected WMO and any aggrieved or affected party may not appeal to
16 the board's dispute resolution committee established pursuant to ~
',' ~
17 Minnesota statutes section 103B.101, Subd. 10. to hear and resolve
18 disputes over plan implementation until after the meeting has been
19 held in accordance with Part 8410.0190, Subpart 2, B.
20 E. Report to Board. Based upon information discovered
21 at the meeting held in accordance with Part 8410.0190, Subpart 2,
22 B. or .receipt of the formal response received from the WMO in
23 accordance with Part 8410.0190, Subpart 2, c. board staff shall
24 report to the board at a regular meeting as to the status of the
25 dispute. rf the board needs to take further action to resolve the
26 dispute, board staff shall recommend the appropriate course of
27 action, consulting with the board's legal counsel as appropriate.
28 Subpart 4. Board Responsibilities
29 A. Findings of Fact. Upon receipt of the board staff's
30 report and recommendations, the board is required to do any or all
31 of the following:
32 (1) do nothing further if the staff's investigation
finds that the subject plan is being properly implemented, provided GD
33 :+f ~
34 the board concurs;
~ 38 3rd Draft 3/1/91
^ -~ ,. -----. -
. " 11
,. ,
.
. 1 (2) advise board staff to conduct additional fact
2 finding it deems necessary and report back to the board
3 accordingly;
4 (3) order the dispute resolution committee to
5 convene to attempt to negotiate the matter and to advise the board
6 further;
7 (4) issue a f~ndings of fact and conclusions of its
8 investigation advising the affected WMO(s) county or counties of
9 the documented failure to implement the subject plan and advise the
10 appropriate unit of government of its responsibility to implement
11 the plan pursuant to MS 103B.231, Subd. 3.,(b) within a prescribed
12 period of time.
13 B. Failure to Act. Upon issuance of its findings
14 pursuant to Part 8410.0190, Subpart 3, A. (4) , the board shall
15 notify the appropriate counties to proceed as required by Minnesota
16 Statutes Section 103B.231, Subdivision 3, clauses (b) .o~ (c) ~
.17 applicable. If county fails to act after it is not1f1ed.
18 failure io ;lfter notification under (1) above, the Board shall
19 notify state agencies that they may initiate their prerogatives
20 under Minnesota Statutes Section 103B.231, Subdivision 3, Item (g).
21 c. Role of the dispute resolution committee. The
22 board's dispute resolution committee has the fOllowing duties and
23 respon~ibilities with respect to disputes relating to failure to
24 implement a plan:
25 (1) convene and hear appeals from both aggrieved
26 parties at:1d WMOs not satisfied with the findings and
27 recommendations of the board's staff report presented at the
28 meeting required by Part 8410.0190, Subpart 2, B; and
29 (2) convene at the pleasure of the board .as
30 prescribed by Part 8410.0190, Subpart 3, A. (3) to attempt to
31 negotiate and settle disputes over determinations relating
32 implementation of plans and to further advise the board.
33
~: a:3/91-3rd.dft
36
39 3rd Draft 3/1/91
-
;Nine Mile Creek Watershed District
Engineering Advisor: Legal Advisor:
Barr Engineering Co. Popham, Haik, Schnobrich & Kaufman
7803 Glenroy Road :3300 Piper Jaffray Tower
Minneapolis, MN 55439 Minneapolis, Mn. 55402
Ph. 830-0555 Ph. 333.4800
December 11, 1990
Honorable Nelson W. Berg
and City Council
City of Hopkins
1010 South 1st Street
Hopkins, MN 55343
Dear Mayor and Council:
Mr. Donald Lofthus, a Manager of the Nine Mile Creek Watershed District,
has been serving on a 509 Rule Advisory Committee established by the
Minnesota Board of Water and Soil Resources (BWSR)~ He has recently brought
. to the attention of the Managers a draft proposal being considered by BWSR
for adoption as a rule having the force and effect of law. A copy of the
proposal is. enclosed for your information. A vast number of the proposed
rules would impose substantial requirements on the Cities of the Watershed
District. It appears that the current authority of the Watershed District to
require the Cities to carry out these programs may not exist; however, if
such authority were found to be within the duties of a Watershed District,
many of these proposed requirements may not be practical from a financial or
political basis. We would appreciate y~ur review and comment concerning the
position of your City with regard to these proposed regulations..
The Committee is actively meeting at this time and a prompt review of
the document by your City Attorney and Public Works officials is requested.
This proposed draft apparently was a compilation of proposals submitted by
individuals who lack an understanding of the cooperative m~nner in which
Watershed Districts have worked with the Cities to implement water management
plans. It is important that a very critical analysis be made of this initial
draft as there will be subsequent revisions to the proposed rules. After
your City Attorney has had the opportunity to review this information, if
there are any questions or comments please contact the District's legal
advisor, Ray Haik, at 334-2609.
Very truly yours,
C~fLh
Aileen Kulak '-, __
President
NINE MILE CREEK WATERSHED DISTRICT
AK/pls
Enclosure
c: Mr. Ray Haik
. 2327003/MCC.LTR
Board of Managers
Aileen Kulak. Bloomington Helen McClefland. Edina Larry Madden. Bloomington
Dr. Eugene Davis. Eden Prairie Donald LDfthus . Hopkins
Nine Mile Creek Watershed District
Engineering Advisor: Legal Advisor:
Ba" Engineering Co. Popham, Halk, Schnobrlch & Kaufman
7803 Glenroy Road 3300 Piper Jaffray Tower
Bloomington, Mn. 55435 Minneapolis, Mn. 55402
Ph. 830-0555 Ph. 333-4800
February 1, 1991
Honorable Nelson W. Berg
and City Council
City of Hopkins
1010 South 1st Street
Hopkins, MN 55343 '.
Dear Mayor and Council:
As you may be aware, I am serving on the 509 Rule Advisory Committee
established by the Minnesota Board of Water and Soil Resources (BWSR) . A draft
proposal of rules being considered for adoption was sent to your attention in early
December. Initial comments received regarding this first draft have been brought
to the attention of the Advisory Committee. This first draft has been revised and
a copy of the second draft is enclosed for your information.
The purpose of this correspondence is to again express the concern that a vast
number of the proposed rules would impose substantial requiremen~s on the Cities of
the Watershed District. It is apparent that the Advisory Committee staff has not
taken into account the problems and concerns that have been expressed by myself and
others about these Rules. The Nine Mile Creek Watershed District has been able to
achieve its goals in carrying out the current programs through a cooperative effort
with the Cities of the District. I feel that these proposed Rules could have a
adverse effect on the cooperative effort that has existed for over 30 years.
It is my opinion that the Cities of. the District, need to direct correspondence
to the Minnesota Board of Water and Soil Resources and perhaps you local legislators
expressing concern over these proposed Rules. The Committee is meeting on
approximately a monthly basis, with an anticipated completion date of June, 1991.
A timely response is necessary. I would appreciate the opportunity of discussing
this further with either you, members of the Council and/or City staff. Please feel
free to contact me at your convenience at 935-7475 if you have any questions or
comments .
Sincerely,
$)~
Donald Lofthus, Manager
Nine Mile Creek Watershed District
DL/lah
. Enclosure
2327003/MAYOR.LTR
Board of Managers
Aileen Kulak - Bloomington Helen McClelland - Edina La"y Madden - Bloomington
Dr. Eugene Davis - Eden Prairie Donald Lofthus - Hopkins
/ .'
.(.\"""........-.
A .. "-
--
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 91-34
RESOLUTION OUTLINING CITY OF HOPKINS POSITION CONCERNING
BOARD OF WATER AND SOIL RESOURCES (BWSR) PROPOSED 509 RULES
WHEREAS, the Minnesota Board of Water and Soil Resources has
established an advisory committee that has issued a
draft proposal of rules concerning Minnesota's 509
clean water requirements, the purpose of which are to
preserve and improve surface drainage quality, and
WHEREAS, the City has reviewed the proposed draft rules and
finds them to impose additional financial burden on the
City of Hopkins, to foster an additional and
unnecessary layer of bureaucracy, to detract from and
intrude upon internal municipal operations, and to
intrude upon the cooperative working relations between
the city and its two water management organizations
(Nine Mile Creek Watershed District and Minnehaha
Watershed District),
NOW THEREFORE BE IT RESOLVED, by the City Council of Hopkins,
Minnesota:
1. The city records its concern regarding the BWSR
draft rules and their negative impact on the
cooperative relatlons between the City and its water
management organizations.
2. The City further states its opposition to proposals
and programs that are assumed to be funded by local
government and would place a financial burden on its
citizens.
3. The city respectfully requests the BWSR advisory
committee to re-examine its purpose and course and
to make revisions addressing the City's concerns.
Adopted by the city Council of the City of Hopkins, Minnesota,
this 2nd day of April, 1991.
.
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
I
--'-~ - j
- . ~. ~.. ~