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HomeMy WebLinkAbout2006-06 12-21 APSTATE OF MINNESOTA) abcdefghijklmnopqrstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 21 day of December 2006. Notary ublic MARY ANN CARLSON NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 131-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users flp for comparable space Maximum rate allowed by law (3) Rate actually charged newspapers AFFIDAVIT OF PUBLICATION 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 -Post 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. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 21 day of December 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: 2.85 per line 6.20 per line 1.30 per line 34A Brooklyn Center Brooklyn Park Sun- Post Thursday, Dec. 21, 2006 www.mnSun.com LEGAL NOTICES City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 2006-06 AN ORDINANCE RELATING TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN- TER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordi- nances is amended by adding new Section 4 -404 as fol- lows: Section 4 -04. CONNECTIONS AND DISCHARGES TO THE STORMWATER SYSTEM Subdivision 1. Definitions. For the purposes of thig section. the following shall mean* Authorized Enforcement Officer. The City Manager or the h• i r z:. t.: r uar• section Best Management Practices (BMPs). Schedules of activ- ities. prohibitions of practices. general good house keep- ing practices. pollution nrevention and educational prac- tices. 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 dis- posal or drainage from raw materials storage. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. 6 1251 et sea.). and any subseauent amend- ments thereto Construction Activity. Activities subject to NPDES Con- struction 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 arubbina. aradina. excavating. and demolition. Hazardous Materials. Any material. including any sub stance, waste. or combination thereof, that. because of its Quantity. concentration. or physical. chemical. or infec- tious characteristics may cause. or significantly contribute -;::to. a substantial present or potential hazard to human health. safety. property. or the environment when imorop- erly treated. stored. trangported. disposed of. or otherwise managed Illegal Discharge. Any direct or indirect non -storm water discharge to the storm drain system. except as exempted in subdivision 6 of this section illicit Connections. An illicit connection is defined as either of the following: Any drain or conveyance. whether on the surface or sub surface. 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 al- lowed. permitted. or approved by the Authorized Enforce- ment Officer or Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been d_oc mented in plans. maps. or equivalent records end approved by the Authorized Enforcement Officer. Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR. Section 122.26 (b)(14), MS4. The municipal separate storm sewer system. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC 6 134201 that authorizes the discharge of pollutants to waters of the United States. whether the per- mit 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, part- nership. firm. corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant. Anything that causes or contributes to pollution. Pollutants may include. but are not limited to: paints. var- nishes, and solvents: oil and other automotive fluids: non- hazardous liquid and solid wastes and yard wastes* refuse. rubbish. garbage litter. or other discarded or aban- doned objects. ordinances and accumulations. so that same may cause or contribute to pollution: floatables: pes- ticides. herbicides. and fertilizers: hazardous substances t .I'.r .n. ..th..- .i r. solved and particulate metals: animal wastes: wastes and residues that result from constructing a building or struc- ture: 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. mu- nicipal streets gutters curbs inlets. pined storm drains, pumping facilities retention and detention basins. natural and human -made or altered drainage channels.'reser voirs and other drainage structures. Storm Water. Any surface flow. runoff. and drainage con- sisting entirely of water from any form of natural Precipita- tion. and resulting from such precipitation. Stormwater Pollution Prevention Plan. 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 ac- tions to eliminate or reduce (;JIlutant discharges to Scrmwater, Stormwater Conveyance Systems, and /or Receiving Waters to the Maximum Extent Practicable. Wastewater means any water or other liquid. other than uncontaminated storm water. discharged from a facility. Subdivision 2. 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. Subdivision 3, Responsibility for Administration. The City Manager or the City Manager's designee shall ad- ini .I .n. f.r the .r.v' i.0 r' section. Subdivision 4. Severability. The provisions of this section are hereby declared to be severable. If any provi- sion. clause. sentence. or paragraph of this section or the application thereof to any person establishment or cir- cumstances shall be held invalid. such invalidity shall not affect the other provisions or application of this section. li T e •n dards 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. Subdivision 6. Discharge Prohibitions Prohibition of Illegal Discharges. 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 a y pollutants that cause or contribute to a vi- olation of applicable water quality standards. other than storm water The commencement. conduct or continuance of a y ille- gal discharge to the storm drain system is prohibited ex- cept as follows: a, The following discharges are exempt from discharge prohibitions established by this section provided they meet all other requirements of law: water line flush- ing or other notable water sources: landscape irriga- tion 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 de- watering systems): crawl space pumps: air condition- ing condensation: springs: non commercial washing of vehicles: natural riparian habitat or wet -land flows* swimming pools (if dechiorinated typically less than one PPM chlorine): the application of fertilizers to gar- dens. trees. bushes. or turf: the application of salt to walkways. parking lots and streets for safety Purpos- es (but not the storage of salt uncovered)* composting of leaves and organic materials: discharges resulting from fire fighting activities* mowing grass* and any other water source not containing Pollutants, b, Discharges specified in writing by the Authorized En- forcement Officer as being necessary to protect Pub Jic health and safety are allowable. c Any discharge is allowable if approved in writing by the Authorized Enforcement Officer as being a reason- able. incidental and customary use of real property that. when considered by itself or in combination with other similar discharges. will not have a significant ef- fect on surface waters. The Authorized Enforcement Officer may impose such conditions on any such ap- proval as the Authorized Enforcement Officer deems necessary to so restrict such discharges that they will not have a significant effect on surface waters d, Dye testing is an allowable discharge, but requires a verbal notification to the Authorized Enforcement Of- 'or i; im- .f h 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 Envi- ronmental Protection Agency. provided that the dis- charger is in full compliance with all reauirements 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. Prohibition of Illicit Connections. a, The construction. use. maintenance or continued ex- istence of illicit connections to the storm drain system is prohibited. 1 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 con- nection. c. A person is considered to be in viol t aion of this sec- tion if the person connects a line conveying sewage to the MS4. or allows such a connection to continue. Subdivision 7. Suspension of MS4 Access. Suspension Due to Illicit Discharges in Emergency Situa- tions The Authorized Enforcement Officer may, without prior no- tice. suspend MS4 discharge access to a person when •-i i.n i nec t. ...n hr vi ened 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 Unit- ed States. If the violator fails to comply with a suspension order issued in an emergency. the Authorized Enforce- ment 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 Suspension Due to the Detection of Illicit Discharge Any person discharging to the MS4 in violation of this sec- tion may have their MS4 access terminated if such termi- nation would abate or reduce an illicit discharge. The Au- thorized Enforcement Officer will notify a violator of the proposed termination of its MS4 access. The violator may petition the Authorized Enforcement Officer for a recon- is deratio and hearing A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this subdivi- sion. without the prior approval of the Authorized Enforce- ment Officer. Subdivision 8. Industrial or Construction Activity Dis- charges. Any person subject to an industrial or construc- tion activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compli- ance with said permit may be reauired in a form accept- able to the Authorized Enforcement Officer prior to the al- lowing of discharges to the MS4. Subdivision 9. Monitoring of Discharges. Applicability, This subdivision applies to all facilities that have storm water discharges associated with industrial activity. in- cluding construction activity. Access to Facilities a, The Authorized Enforcement Officer shall be permit- ted to enter and inspect facilities subject to regulation under this section as often as may be necessary to de- termine compliance with this section. If a discharger has security measures in force that reauire 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. D. Facility operators shall allow the Authorized Enforce ment 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 En- forcement Officer to conduct monitoring and /or sam- pling of the facility's storm water discharge, The Authorized Enforcement Officer has the right to reauire the discharger to install monitoring equipment as necessary. The facility's samolina and monitoring eauipment 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 stormwa- ter flow and auality 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 sam- pled 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 clear- ing such access shall be borne by the operator. f. Unreasonable delays in allowing the Authorized En- forcement Officer access to a permitted facility is a vi- olation of a storm water discharge permit and of this section. A person who is the operator of a facility with NPDES permit to discharge storm water associated with industrial activity commits an offense if the per son denies the Authorized Enforcement Officer rea- sonable access to the permitted facility for the pur- pose of conducting any activity authorized or reauired by this section. 9 Jf the Authorized Enforcement Officer has been re- fused 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 Of- ficer may seek issuance of a search warrant from any court of competent iurisdiction. Subdivision 10. Requirement to Prevent. Control. and Reduce Storm Water Pollutants by the Use of Best Man- agement 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 ystem, or waters of the U.S, The owner or operator of a commercial or industrial establish- ment shall provide. at his or her own expense. reasonable protection from accidental discharge of prohibited materi- als 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 per- son'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 autho- rizing the discharge of storm water associated with indus- trial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with require- ments of the NPDES permit. Subdivision 11. Watercourse Protection. Every per- son owning property through which a watercourse pass- es. 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 struc- tures within or adiacent to a watercourse so that such structures will not become a hazard to the use. function, orphysical integrity of the watercourse. Subdivision 12. Notification of Spills. Notwithstand- ing other requirements of law. as soon as anv person re- sponsible for a facility or operation. or responsible for emergency response for a facility or operation has infor- mation of any known or suspected release of materials that are resulting or may result in illegal discharges or pol- lutants discharging into storm water. the storm drain sys- tem, or•water of the U.S. said person shall take all neces- sary steps to ensure the discovery. containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via In the Community, With the Community, For the Community emergency dispatch services. In the event of a release of non hazardous materials, said person shall notify the Au- thorized Enforcement Officer in person or bv phone or fac- imile no lat-r than he n in Notific i. ns in person or by phone shall be confirmed by written notice addressed and mailed to the Authorized Enforcement Of- ficer within three business days of the phone notice. If the discharge of prohibited materials emanates from a com- mercial or industrial establishment. 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 Subdivision 13. Enforcement. Notice of Violation Whenever the Authorized Enforcement Officer finds that a person has violated a prohibition or failed to meet a re- auirement of this section. the Authorized Enforcement Of- ficer m. y order co pliance by written notice of violation to the responsible person. Such notice may reauire without limitation: a. Theperformance of monitoring. analyses. and report- ing; b. The elimination of illicit connections or discharges' c That violating discharges. practices or operations shall cease and desist The abatement or remediation of storm water Pollu- tion or contamination hazards and the restoration of any affected property: and e. The implementation of source control or treatment BMPs. If abatement of a violation and /or restoration of affected property is rea ired. the notice 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 bv a designated governmental agency a contractor and the expense thereof shall be charged to the violator. Subdivision 14. Appeal of Notice of Violation. Any person receivina a Notice of Violation may appeal the de- termination 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 be- fore the City Council shall take place within thirty (30) days from the date of receipt of the notice of appeal. The deci sion of the City Council shall be final, Subdivision 15. Enforcement Measures After Appeal. If the violation has not been corrected pursuant to the re- quirements 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 Autho- rized Enforcement Officer. then representatives of the Au- thorized Enforcement Officer may enter upon the subject private property and are authorized to take any and alt 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 Subdivision 16. 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 abate- ment. including administrative Costs. The property owner may file a written protest obiecting to the amount of the as- sessment 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 spe- cial assessment against the property and shall constitute a lien 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. Subdivision 17. 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 vi- olated or continues to violate the provisions of this section the Authorized Enforcement Officer may petition for a pre- liminary or permanent injunction restraining the person from a iv' r. w. I. r -•t -furtherviolation .m- pelling the person to perform abatement or remediation of the violation. Subdivision 18. Violations Deemed a Public Nui- sance. 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 threat to public health. safety and welfare and is de- clared 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 he taken Subdivision 19. 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 Jaw. and shall be subiect to a criminal penalty as a mis- demeanor. Subdivision 20. Remedies Not Exclusive. The reme- dies 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. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 11th day of December, 2006. Mayor Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: December 21, 2006 Effective Date: January 20, 2007 (Strikeeeet indicates matter to be deleted, underline indi- cates new matter.) (Dec. 21, 2006) p1- 12 -11 -06 -Adopt Chap 4 Stmwtr Sys Legal Notices continued on next page a