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Memo- Proposed Illicit Discharge Ordinance0 r- I I I Pei I I i Memorandum To: Honorable Mayor and Council Members CC: Mike Mornson, City Manager From: John R. Bradford, City EngineerA-O'b Date: 10/05/2011 Re: Proposed Illicit Discharge Ordinance In 2009, the City adopted an updated storm water management plan. As part of that plan, the City needs to adopt an ordinance pertaining to illicit discharges and connections to the storm water system. The purpose of the ordinance is to regulate pollutants to the storm sewer system, prohibit illicit connections and discharges, and establish legal authority for inspection and enforcement procedures. The proposed ordinance is attached for your information. Below is a summary of the key elements: • Only storm water is allowed to discharge to the storm sewer system. There are notable exceptions including sump pumps, potable water, fire fighting flow, hydrant discharges, residential car washing, and several others. • Storm water with pollutants could be discharged only if a NPDES permit is acquired. • Connections that carry illicit discharges would not be allowed even if they were permitted in the past. • Watercourses that flow through private property would have to be cleared of trash, debris, excessive vegetation and other obstacles that would pollute or retard the flow of the watercourse by the property owner. October 5, 2011 • Any person or company that applies for an NPDES permit would have to notify the City. • The City would have the right to enter property to determine if the ordinance is being complied with. • The City would be able to issue emergency cease and desist orders to violators. • The City would be able to suspend access to the storm water system to abate violations • Violations would be deemed a nuisance for enforcement purposes. We feel this ordinance meets the requirements of our storm water management plan and will enhance our ability to protect the waterways in Hopkins. We look forward to our discussion on Tuesday. 2 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2011-1038 AN ORDINANCE ESTABLISHING SECTION 725 OF THE HOPKINS CITY CODE THE COUNCIL OF THE CIT OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. That Section 725 be added to read as follows: SECTION 725 — ILLICIT DISCHARGE AND CONNECTIONS SECTION 725.1 PURPOSEANTENT. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City of Hopkins through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: (I) To regulate the contribution of pollutants to the MS4 by storm water discharges by any user. (2) To prohibit illicit connections and discharges to the MS4. (3) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance. SECTION 725.2 DEFINITIONS. For the purposes of this ordinance, the following shall mean: Cit,, o�pkins. Employees, agents or designees of the City of Hopkins. Best Management Practices (BM1's). Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Construction Activity. Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials. Any material, including, any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge. Any direct or indirect non -storm water discharge to the storm drain system, except as exempted in Section 725.8 of this ordinance. Illicit Connections. An illicit connection is defined as either of the following: - Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any non -storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, — Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial Activity. Activities subject to NPDES Industrial Storm Water Permits as defined in 40 CFR, Section 122.26 (b)(14). Municipal Separate Storm Sewer System (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City of Hopkins and designed or used for collecting or conveying storm water, and that is not used for collecting or conveying wastewater. National Pollutant Discharge Elimination System MDES) Storm Water Discharge Permit. means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Non -Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water. Person. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage System. Publicly -owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Management Plan. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Storm Water, Storm Water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility. SECTION 725.3 APPLICABILITY. This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Hopkins. SECTION 725.4 RESPONSIBILITY FOR ADMINISTRATION. The City of Hopkins shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the City of Hopkins may be delegated in writing by the Director of the City of Hopkins to persons or entities acting in the beneficial interest of or in the employ of the agency. SECTION 725.5 COMPATIBILITY WITH OTHER REGULATIONS. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. SECTION 725.6 SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance. SECTION 725.7 ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. SECTION 725.8 DISCHARGE PROHIBITIONS. 725.8.1 Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, looting drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water. (2) Discharges or flow from firefighting, and other discharges specified in writing by the City of Hopkins as being necessary to protect public health and safety. (3) Discharges associated with dye testing, however this activity requires a verbal notification to the City of Hopkins prior to the time of the test. (4) The prohibition shall not apply to any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. 725.8.2. Prohibition of Illicit Connections. (1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. (4) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City of Hopkins. (5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Hopkins requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Hopkins. SECTION 725.9 WATERCOURSE PROTECTION. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. SECTION 725.10 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. 725.10.1 Submission of NOI to the City of Hopkins. (1) Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Hopkins prior to the allowing of discharges to the MS4. (2) The operator of a facility, including construction sites, required to have an NPDES permit to discharge storm water associated with industrial activity shall submit a copy of the Notice of Intent (NOI) to the City of Hopkins at the same time the operator submits the original Notice of Intent to the EPA as applicable. (3) The copy of the Notice of Intent may be delivered to the City of Hopkins either in person or by mailing it to: Notice of Intent to Discharge Storm Water City of Hopkins 1010 First Street South Hopkins, MN 55343 (4) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice of Intent to do so to the City of Hopkins. SECTION 725.11 RIGHT OF ENTRY The City of Hopkins shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. SECTION 725.12 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The City of Hopkins will adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise that is, or may he, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non- structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a storm water management plan (SWMP) as necessary for compliance with requirements of the NPDES permit. SECTION 725.13 VIOLATIONS, ENFORCEMENT, AND PENALTIES. Any person violating any provision of this ordinance is guilty of a misdemeanor. 725.13.1 Emergency cease and desist orders. When the City of Hopkins finds that any person has violated, or continues to violate, any provision of this division, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the state, which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Hopkins may issue an order to the violator directing it to immediately cease and desist all such violations. 725.13.2 Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this division may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. Such suspension may also be imposed if it is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger. 725.13.3 Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provision of this division is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense; and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. SECTION 725.14 REMEDIES NOT EXCLUSIVE. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City of Hopkins to seek cumulative remedies. The City of Hopkins may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. SECTION 725.15 ADOPTION OF ORDINANCE. This ordinance shall be in full force and effect as of the date of publication. First Reading: October 18, 2011 Second Reading: November 1, 2011 Gene Maxwell, Mayor ATTEST: Kristine A. Luedke, City Clerk APPROVED AS TO FORM AND LEGALITY City Attorney Signature Date