HomeMy WebLinkAbout2006-06 12-11 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 13th day of November, 2006, at 7
p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway,
to consider an ordinance relating to discharges and connections to the stormwater system.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO. 2006 -06
AN ORDINANCE RELATING TO DISCHARGES AND CONNECTIONS TO
THE STORMWATER SYSTEM
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The Brooklyn Center City Code of Ordinances is amended by adding
new Section 4 -404 as follows:
Section 4 -04. CONNECTIONS AND DISCHARGES TO THE STORMWATER
SYSTEM.
Subdivision 1. Definitions. For the purposes of this section, the following shall mean:
Authorized Enforcement Officer. The City Manager or the City Manager's designee, who is
authorized to enforce this section.
Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general
ood house kee.in' .ractices •ollution •revention and educational ,ractices 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.
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. 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.
Hazardous Materials. Any material, including any 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.
ORDINANCE NO. 2006 -06
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 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
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.
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 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 or partnership firm, corporation or other entit
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, 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• .esticides 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,
utters curbs inlets i ed storm drains um in facilities retention and detention basins
natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
ORDINANCE NO. 2006 -06
Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form
of natural precipitation, 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 actions to eliminate or reduce pollutant discharges to
Stormwater, 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 administer, implement, and enforce the provisions of this section.
Subdivision 4. Severability. The provisions of this section are hereby declared to be
severable. If an .rovision clause sentence or .ara'ra.h of this section or the application
thereof to an
erson establishment or circumstances shall be held invalid such invalidit
not affect the other provisions or application of this section.
Subdivision 5. Ultimate Responsibility. 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.
Subdivision 6. Discharge Prohibitions.
Prohibition of Illegal Discharges.
shall
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.
The commencement, conduct or continuance of any illegal discharge to the storm drain system is
prohibited except 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 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
ORDINANCE NO. 2006 -06
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); the application of fertilizers to gardens, trees,
bushes, or turf; the application of salt to walkways, parking lots and streets for
safety purposes (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 Enforcement Officer as being
necessary to protect public health and safety are allowable.
c. Any discharge is allowable if approved in writing by the Authorized Enforcement
Officer as being a reasonable, incidental and customary use of real property that,
when considered by itself or in combination with other similar discharges, will
not have a significant effect on surface waters. The Authorized Enforcement
Officer may impose such conditions on any such approval 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 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,
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.
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 sewage to the MS4, or allows such a connection to continue.
Subdivision 7. Suspension of MS4 Access.
ORDINANCE NO. 2006 -06
Suspension Due to Illicit Discharges in Emergency 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.
Suspension Due to the Detection of Illicit Discharge
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.
A person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this subdivision, without the prior approval of the Authorized Enforcement Officer.
Subdivision 8. Industrial or Construction Activity Discharges. Any person subject to an
industrial or construction activity NPDES storm water discharge permit shall comply with all
rovisions of such .ermit. Proof of com.liance with said .ermit ma be re•uired in a form
acceptable to the Authorized Enforcement Officer prior to the allowing of discharges to the MS4.
Applicability.
Subdivision 9. Monitoring of Discharges.
This subdivision applies to all facilities that have storm water discharges associated with
industrial activity, including construction activity.
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
copyingof 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.
ORDINANCE NO. 2006 -06
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 bepromptly 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 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.
Subdivision 10. Requirement to Prevent, Control, and Reduce Storm Water Pollutants by
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
dischar le of ollutants to the munici al se arate storm sewer s stem. 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
ORDINANCE NO. 2006 -06
this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as
necessary for compliance with requirements of the NPDES permit.
Subdivision 11. 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.
Subdivision 12. Notification of Spills. Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible for emergency response
for a facilit or o eration has information of an known or sus ected 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. In the event of such a release of hazardous
materials said person shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. 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. If the discharge of prohibited materials emanates from a commercial 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 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:
a. The performance of monitoring, analyses, and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of storm water pollution or contamination hazards
and the restoration of any affected property; and
e. The implementation of source control or treatment BMPs.
ORDINANCE NO. 2006 -06
If abatement of a violation and/or restoration of affected property is required, 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 by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
Subdivision 14. 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.
Subdivision 15. 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.
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 abatement,
includin administrative costs. The ro ert owner ma file a written rotest ob' ectin 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 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. Injunctive 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.
Subdivision 18. 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 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.
ORDINANCE NO. 2006 -06
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 law, and
shall be subject to a criminal penalty as a misdemeanor.
Subdivision 20. 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.
Section 2. This Ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this l lth day of December 2006.
ATTEST:
City Clerk
Date of Publication: December 21, 2006
Effective Date: January 20, 2007
(Strikeout indicates matter to be deleted, underline indicates new matter.)
Mayor