2006-18
BILL NO. 2006-18
AN ORDINANCE RELATING TO DISCHARGES AND
CONNECTIONS TO THE STORMWATER SYSTEM
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter VII of the Richfield City Code is amended by adding the
following Section:
Section 721 - Connections and Discharqes to the Stormwater
System.
721.01 Obiectives. The objectives of Section 721 are to regulate
the introduction of pollutants into the stormwater system by any person; to
prohibit illicit connections and discharges to the stormwater system; to
establish authority to carry out all inspections, surveillance, and
monitoring procedures necessary to ensure compliance with this
ordinance; and to establish enforcement mechanisms for violations of this
Section.
721.03. Definitions.
Subdivision 1. For the purposes of this section, the following shall mean:
Subd. 2. "Authorized Enforcement Officer" means the Public Works
Director or the Public Works Director's designee, who is authorized to
enforce this section.
Subd. 3. "Best Management Practices (BMPs)" means 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 stormwater, receiving
waters, or stormwater 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.
Subd. 4. "Clean Water Act" means the Federal Water Pollution
Control Act (33 U.S.C. 9 1251 et seq.), and any subsequent amendments
thereto.
Subd. 5. "Construction Activity" means activities subject to NPDES
Construction Permits. Currently these include construction projects
resulting in land disturbance of 1 acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Subd. 6. "Hazardous Materials" means any material, including any
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substance, waste, or combination thereof, that, 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.
Subd. 7. "Illegal Discharge" means any direct or indirect non-storm
water discharge to the storm drain system, except as exempted in
subdivision 6 of this section.
Subd. 8. An "illicit connection" is defined as either of the following:
a. 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 the Authorized Enforcement Officer; or
b. 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 the Authorized Enforcement Officer.
Subd. 9. "Industrial Activity" means activities subject to NPDES
Industrial Permits as defined in40 CFR, Section 122.26 (b)(14).
Subd. 10. "MS4" means the municipal separate storm sewer
system.
Subd. 11. "National Pollutant Discharge Elimination System
(NPDES) Storm Water Discharge Permit" is a permit issued by the
Environmental Protection Agency (or by a State under authority delegated
pursuant to 33 USC S 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.
Subd. 12. "Non-Storm Water Discharge" is any discharge to the
storm drain system that is not composed entirely of storm water.
Subd. 13. "Person" is 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.
Subd. 14. "Pollutant" is anything that causes or contributes to
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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.
Subd. 15. "Premises" is any building, lot, parcel of land, or portion
of land whether improved or unimproved including adjacent sidewalks
and parking strips.
Subd. 16. "Storm Drainage System" is a publicly-owned facility by
which storm water is collected and/or conveye9, 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 !?tructures. A storm drainage system can
also be known as a storm water system.
Subd. 17. "Storm Water" is any surface flow, runoff, and drainage
consisting entirely of water from any form of natural precipitation, and
resulting from such precipitation.
Subd. 18. "Stormwater Pollution Prevention Plan" is a document
that 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 Stormwater, Stormwater Conveyance Systems, and/or
Receiving Waters to the Maximum Extent Practicable.
Subd. 19. "Wastewater" means any water or other liquid, other
than uncontaminated storm water, discharged from a facility.
721.05. Applicability. This section shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by an Authorized Enforcement Officer.
721.07. Responsibilitv for Administration. The Public Works
Director or the Public Works Director's designee shall administer,
implement, and enforce the provisions of this section.
721.09. Severabilitv. The provisions of this section are hereby
declared to be severable. If any provision, clause, sentence, or paragraph
of this section 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 section.
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721.11. Ultimate Responsibilitv. The standards set forth herein and
promulgated pursuant to this section are minimum standards. Therefore
this section does not intend or imply that compliance by any person will
ensure that there will be no contamination, pollution, nor unauthorized
discharge of pollutants.
721.13. Dischan::Je Prohibitions.
Subdivision 1. Prohibition of lIIeQal DischarQes.
a. No person shall discharge or cause to be discharged into the
municipal storm drain system or watercourses any materials,
including but not limited to pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable
water quality standards, other than storm water.
b. The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as
follows: The following discharges are exempt from discharge
prohibitions established by this section: water line flushing or
other potable water sources, landscape irrigation or lawn
watering, diverted stream flows, rising ground water, ground
water infiltration to storm drains, uncontaminated pumped
ground water, foundation or footing drains (not including
active groundwater dewatering systems), crawl space
pumps, air conditioning condensation, springs, non-
commercial washing of vehicles, natural riparian habitat or
wet-land flows, swimming pools (if dechlorinated - typically
less than one PPM chlorine), fire fighting activities, and any
other water source not containing Pollutants.
c. Discharges specified in writing by the Authorized
Enforcement Officer as being necessary to protect public
health and safety are allowed.
d. Dye testing is an allowable discharge, but requires a verbal
notification to the Authorized Enforcement Officer prior to the
time of the test.
e. 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 Federal
Environmental Protection Agency, the Minnesota Pollution
Control Agency, or other agency, 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
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granted for any discharge to the storm drain system.
Subd. 2. Prohibition of Illicit Connections.
a. The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited.
b. 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.
c. A person is considered to be in violation of this section if the
person connects a line conveying wastewater to the MS4, or
allows such a connection to continue.
721.15. Suspension of MS4 Access.
Subdivision 1. Suspension due to Illicit Discharqes in Emerqency
Situations. The Authorized Enforcement Officer may, without prior notice,
suspend MS4 discharge access.to a person when such suspension is
necessary to stop an actual or threatened discharge that presents or may
present imminent and substantial danger to the environment, or to the
health or welfare of persons, or to the MS4 or Waters of the United
States. If the violator fails to comply with a suspension order issued in an
emergency, the Authorized Enforcement Officer may take such steps as
deemed necessary to prevent or minimize damage to the MS4 or Waters
of the United States, or to minimize danger to persons.
Subd. 2. Suspension due to the Detection of Illicit Discharqe.
a. Any person discharging to the MS4 in violation of this section
may have their MS4 access terminated if such termination
would abate or reduce an illicit discharge. The Authorized
Enforcement Officer will notify a violator of the proposed
termination of its MS4 access. The violator may petition the
Authorized Enforcement Officer for a reconsideration and
hearing.
b. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this subsection,
without the prior approval of the Authorized Enforcement
Officer.
721.17. Industrial or Construction Activitv Discharqes. 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
Authorized Enforcement Officer prior to the allowing of discharges to the
MS4.
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721.19. Monitoring of DischarQes. Subdivision 1. Applicabilitv. This
subdivision applies to all facilities that have storm water discharges
associated with industrial activity, including construction activity.
Subd. 2. Access to Facilities.
a. The Authorized Enforcement Officer shall be permitted to
enter and inspect facilities subject to regulation under this
section as often as may be necessary to determine
compliance with this section. If a discharger has security
measures in force that require proper identification and
clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to
representatives of the Authorized Enforcement Officer.
b. Facility operators shall allow the Authorized Enforcement
Officer ready access to all parts of the premises for the
purposes of inspection, sampling, examination and copying
of records that must be kept under the conditions of an
NPDES permit to discharge storm water, and the
performance of any additional duties as defined by state and
federal law.
c. The Authorized Enforcement Officer shall have the right to
set up on any permitted facility such devices as are
necessary in the opinion of the Authorized Enforcement
Officer to conduct monitoring and/or sampling of the facility's
storm water discharge.
d. The Authorized Enforcement Officer has the right to require
the discharger to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices
used to measure stormwater flow and quality shall be
calibrated to ensure their accuracy.
e. Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral
request of the Authorized Enforcement Officer and shall not
be replaced. The costs of clearing such access shall be
borne by the operator.
f. Unreasonable delays in allowing the Authorized Enforcement
Officer access to a permitted facility is a violation of a storm
water discharge permit and of this section. A person who is
the operator of a facility with a NPDES permit to discharge
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storm water associated with industrial activity commits an
offense if the person denies the Authorized Enforcement
Officer reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by
this section.
g. If the Authorized Enforcement Officer has been refused
access to any part of the premises from which stormwater is
discharged, and he or she is able to demonstrate probable
cause to believe that there may be a violation of this section,
or that there is a need to inspect and/or sample as part of a
routine inspection and sampling program designed to verify
compliance with this section or any order issued hereunder,
or to protect the overall public health, safety, and welfare of
the community, then the Authorized Enforcement Officer may
seek issuance of a search warrant from any court of
competent jurisdiction.
721.21. Requirement to Prevent, Control. and Reduce Storm
Water Pollutants Bv the Use of Best Management Practices. The
Authorized Enforcement Officer will adopt requirements identifying Best
Management Practices for any activity, operation, or facility that may
cause or contribute to pollution or contamination of storm water, the storm
drain system, or waters of the U.S. The owner or operator of a
commercial or industrial establishment shall provide, at his or her 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 be, 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
municipal separate storm sewer system. 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 721.11. These BMPs are listed
in the stormwater pollution prevention plan (SWPP) and the Minnesota
Pollution Control Agency's current BMPs, and are necessary for
compliance with requirements of the NPDES permit and Appendix J of
the City's Comprehensive Water Resource Management Plan.
721.23. 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 impact 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
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such structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
721.25. Notification of Spills.
a. Notwithstanding other requirements of law, as soon as any
person responsible for a facility or operation, or responsible
for emergency response for a facility or operation has
information of any known or suspected release of materials
that are resulting or may result in illegal discharges or
pollutants discharging into storm water, the storm drain
system, or water of the U.S. said person shall take all
necessary steps to ensure the discovery, containment, and
cleanup of such release.
b. In the event of such a release of hazardous materials said
person shall immediately notify the Public Works Director and
other emergency response agencies of the occurrence via
emergency dispatch services.
c. In the event of a release of non-hazardous materials, said
person shall notify the Authorized Enforcement Officer in
person or by phone or facsimile no later than the next
business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the
Authorized Enforcement Officer within three business days of
the phone notice. )
d. If the discharge of prohibited materials emanates from a
commercial or industrial establishment or vehicle, the owner
or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at
least three years.
721.27. Enforcement.
Subdivision 1. Notice of Violation. Whenever the Authorized Enforcement
Officer finds that a person has violated a prohibition or failed to meet a
requirement of this section, the Authorized Enforcement Officer may order
compliance by written notice of violation to the responsible person. Such
notice may require without limitation: (1) the performance of monitoring,
analyses, and reporting; (2) the elimination of illicit connections or
discharges; (3) that violating discharges, practices, or operations shall
cease and desist; (4) the abatement or remediation of storm water
pollution or contamination hazards and the restoration of any affected
property; and (5) the implementation of source control or treatment BMPs.
Subd. 2. Notice when Abatement Reauired. If abatement of a
violation and/or restoration of affected property is required, the notice
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shall set a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be
done by a designated governmental agency or a contractor and the
expense thereof shall be charged to the violator.
721.29. Appeal of Notice of Violation. Any person receiving a Notice
of Violation may appeal the determination of the Authorized Enforcement
Officer. The notice of appeal must be received within ten days from the
date of the Notice of Violation. Hearing on the appeal before the City
Council shall take place within thirty (30) days from the date of receipt of
the notice of appeal. The decision of the City Council shall be final.
721.31. Enforcement Measures After Appeal. If the violation has not
been corrected pursuant to the requirements set forth in the Notice of
Violation, or, in the event of an appeal, within ten days of the decision of
the municipal authority upholding the decision of the Authorized
Enforcement Officer, then representatives of the Authorized Enforcement
Officer may enter upon the subject private property and are authorized to
take any and all measures necessary to abate the violation and/or restore
the property. It shall be unlawful for any person, owner, agent or person in
possession of any premises to refuse to allow the government agency or
designated contractor to enter upon the premises for the purposes set
forth above.
721.33. Cost of Abatement of the Violation. Within thirty (30) days
after abatement of the violation, the owner of the property will be notified
of the cost of abatement, including administrative costs. The property
owner may file a written protest objecting to the amount of the
assessment within ten days. If the amount due is not paid within a timely
manner as determined by the decision of the municipal authority or by the
expiration of the time in which to file an appeal, the charges shall become
a special assessment against the property and shall constitute alien on
the property for the amount of the assessment.
Any person violating any of the provisions of this section shall become
liable to the City by reason of such violation.
721.35. Iniunctive Relief. It shall be unlawful for any person to
violate any provision or fail to comply with any of the requirements of this
section. If a person has violated or continues to violate the provisions of
this section, the Authorized Enforcement Officer may petition for a
preliminary or permanent injunction restraining the person from activities
that would create further violations or compelling the person to perform
abatement or remediation of the violation.
721.37. 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 provisions of this section is a
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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.
721.39. Criminal Prosecution. Any person that has violated or
continues to violate this section shall be liable to criminal prosecution to
the fullest extent of the law, and shall be subject to a criminal penalty as a
misdemeanor.
721.41. Remedies Not Exclusive. The remedies listed in this section
are not exclusive of any other remedies available under any applicable
federal, state or local law and it is within the discretion of the Authorized
Enforcement Officer to seek cumulative remedies.
Sec. 2. This ordinance is effective in accordance with section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota, this 14th day of
November. 2006. h "~
Martin~YOr
ATTEST:
~~
Nancy Gibbs, ty Clerk
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Current
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331A.02, 9331A.07, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of November ,2006, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of
, 2006; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
BY~
FO
Subscribed and sworn to or affirmed before me
onlh7!i;J:11~~
Notary P ic
e MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31-(19
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
(3) Rate actually charged
$
1.30 per line
City of Richfield
. (Official Publication)
-SUMMARY PUBLICATION
.' ,,_BILL NO.2~'8. H:' .' .' .
".. AN. ORDINANC~RELATIN(3"ODI~CHARf3E~ AND
CONNECTIONSTO'THE.S'TORMWATERSYSTEM
.. " . . -." .._--.--,,;.......,':'....,.,,...;._.,:>
ThiS sUOlmaiy qf the ordinance is pablished pLirsuant
to Section 3.1?Qlthe RichfiE;lld City Gharter... ......
". Thepurp6.'$~,of tllisQfdiilance, is,to'proteci \he quality
!,f our lakes; fivers and public health by essentiarry hold.
!ng property ownersan.d operators r~spon$ible forprov!cj.. 1
Ing . reasonable protectIOn frOm accIdental and/or ihteri-;' .
tionaldischargeQlprohibitel:JJ1'1aterials.or . other wastes
into the muniCipal~tormwaief'system. ..' .....
'Cppie.softheo~dinance are available ior public in1
spe~t!of.llrl"l,lje...Pubhc Works Depljrtment during normal'
busl!1es~_ hQ.u~ or ,upon reques.tby calling MsisjantCity .
Engineer !<nstln Asher (6f2'86r97~5t.. '. '.. . . .. .... . '.' . .
. Adopted:.bythe City CoUnciibhl)e CityofRichiield,'
Mlnneso~a l!:lls.14th dayofI';l9\fE;lmbE;lt?OO. Q. '" .... <.'.E."
. __, - .. . o. .. . .
,'.. . ,.... ...... ..'/shNar)CY'Gi~b~,City'Gtetk'
. '(Nov.23, 2006) d2-bill2006-18