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HomeMy WebLinkAbout2006-06 10-26 APSTATE 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 -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 26 day of October 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: Subscribed and sworn to or affirmed before me on this 26 day of October 2006. No ary Public (2) Maximum rate allowed by law (3) Rate actually charged abcdefghijklmnopqrstuvwxyz BY: newspapers AFFIDAVIT OF PUBLICATION MARY ANN CARLSON NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space 2.85 per line 6.20 per line 1.30 per line In the Community, With the Community, For the Community LEGAL NOTICES City of Brooklyn Center (Official Publication) CITY 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. 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 this section, the following shall mean; Authorized Enforcement Officer. The City Man- ger or the City Manager's designee. who is authorized to enforce this section. Best Management Practices (BMPs). Schedules of activ- ities. prohibitions of practices. general good house keep- ing n dices. oollution-prevention and educational prac- tices. maintenance Procedures. and other management practices to prevent or reduce the discharge of Pollutants I •r it :,h. u. 1 :1 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 subsequent 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 111 1• 1• 1l •211 Hazardous Materials. Any mated =l. including any sub- stance. waste. or combination thereof. that. because of its quantity. concentration. or physical. chemical. or infec- tins characteristics may cause. or significantly contribute to. a substantial present or potential hazard to human health. safety. orooerty. or the environment when Improp- erly treated stoma a 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 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 y conveyances that allow any non -storm water discharge including sewage process wastewater, and wash water to enter the storm drain system and any tonne "ons to the storm drain sys- tem from indoor drains and sinks regardless of whether said drain nr connection hart been previously allowed permitted, or aooroved 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. mans. or equivalent records and aooroved 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 INPDESI Storm Water Discharge Permit. A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC 1342(hp 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- njshes. 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- same may cause or contribute to pollution: floatables• pes- ticides. herbicides. and fertilizers: hazardous substances and wastes: sewage fecal coliform and pathogens: dis- 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 narking strips. P I -.wi which storm water is collected and/or conveyed. including but not limited to any roads with drainage systems, mu- nicipal streets. gutters curbs. inlets. piped storm drains, pumping facilitiesjetention 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 entire y of water from any form of natural orecioita- 11 1 Ir:i 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 •1 111: .1: .n• 1 tions to eliminate or reduce pollutant discharges to Stormwater. Stormwater Conveyance Systems. and/or Receivina Waters to the Maximum Extent Practicable Wastewater means any water or other liauid. 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 exnlicitly exempted by an Authorized Enforcement Officer Subdivision 3. Responsibility for Administration. The City Manager or the City Manager's designee shall ad- minister. implement. and enforce the provisions of this 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 ir- cumstances shall be held invalid such invalidity shall not affect the other Provisions or application of this section. Subdivision 5, Ultimate Responsibility. The stan- 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 municioal storm drain system or watercourses any materials. including but not limited to pollutants or waters containing any pollutants that cause or contribute to a vi- olation of applicable water quality standards. other than storm water The commencement. conduct or continuance of any 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: water line 2.1 161 11 :1 n 1 1 1 •1• ,1. :1:• r- around 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 1 1 1 1 1. 1 "II 1 I21 one PPM chlorine). fire fighting activities and any other water source not coMaininq I1utsi]l' 4, Discharges specified in writing by the Authorized En- forcement Officer as being necessary to protect pub- lic health and safety g, Dye testing is an allowable discharge. but reauires a verbal notification to the Authorized Enforcement Of- ficer prior to the time of the test sit 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 requirements of the permit. waiver. ororderand other applicable Taws` and regulations. and provided that written aooroval 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 It This prohibition exnressly 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 consideredjo be in violation 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 Discharaes in Emergency Situa- t om The Authorized Enforcement may without prior no- tice. suspend MS4 discharge access to a Person when such suspension is necessary to stop an actual or threat- 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 suap anion order issued in an emergency. the Authorized Enforce- .1:. I -I .1 :I, 11 111 1. 1 1 1 to Prevent or minimize damage to the MS4 or Waters of the United States. or to minimize danger to persons. Suspension Cue 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 violator of the proposed termination of its MS4 access. The violator may petition the Authorized Enforcement Officer for a recon- sideration and hearing, &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 compy_ www.nui.Sun.com Thursday, Oct. 26, 2006 Brooklyn Center Brooklyn Park Sun -Post 35A ante with said permit may be reauired in a form accept- able to the Authorized Enforcement Officer orior 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 1 :•ii•n= •ften termine 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 arra gements to allow access to representatives of the Authorized Enforcement Officer 4, Facility operators shall allow the Authorized Enforce- ment Officer ready access to all Darts of the oremises 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 g. The Authorized Enforcement Officer shall have the right to set uo 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 O., 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 stormwa- ter flow and auality shall be calibrated to ensure their accuracy, a 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. 1, Unreasonable delays in allowing the Authorized En- r 11:1 1 1.1 .1 olation of a storm- water ischarge permit and of this section: APerson who is the operator of a facility with a 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 required by this section, g, If the Authorized Enforcement Officer has been re- fused access to any part of thepremises 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 oart of a routine inspection I. u. 1. •1:0. 1 •ut 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 jurisdiction. 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 Prac- tices for any activity. operation. or facility that may cause or contribute to Pollution or contamin -tion of storm water the storm drain system. or waters of the U.S. The owner or op- erator of a commercial or industrial establishment shall pro- vide 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 reauired to implement. at said Person's expense additional structural and non structural BMPs to prevent the further discharge of pollutants to the municipal separate 11 :i, 1 11. h: 1 .111. h• 1■• lions 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 provi- sions of 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 per- son owning, property through which a watercoursepass 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 significanty retard the flow of water through the watercourse. In addition the owner nr Iessae shall maintain existing privately owned struc- tures 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 respon- sible for a facility or operation. or responsible for emer- gency response for a facility or operation has information of any known or suspected release of materials that are re- sulting or may result in illegal discharges or pollutants dis- charging into storm water. the storm drain system. or water of the U.S. said person shall take all necessary steps to en- sure the discovery containment and cleanup of such re- lease In the event of such a release of hazardous materi- als said person shall immediately notify emergency re- 1 1- 11'1 patch services. In the event of a release of non hazardous materials said person shall notify the Authorized Enforce- ment 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 pro- hibited materials emanates from a commercial or industri- al establishment. the owner or operator of such establish- ment shall also retain an on -site written record of the dis- charge 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 compliance by written notice of violation to the responsible person. Such notice m -y require without limitation" 11 1. 11. u i in. ills; O, The elimination of illicit connections or discharges' 0 1• 11 •1 shall cease and desist d, The abatement or remediation of storm water pollu- tion or contamination hazards and the restoration of a y affected property: and The implementation of source control or treatment BMPs If abatement of a violation and/or restoration of affected 11 1:10 si I 1 t :11:.. •1 1 11 •11• Said notice shallfurther 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 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 (,'301 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 municioal 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 a y 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 Durooses set forth above. Subdivi 16. Cost of Abatement of the Violation Within thirty (30t 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 amo mnt of the as- sessment within ten days. If the amount dub is not paid within a timely manner as determined by tae decision of the municipal authority or by the exoiration 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 1 •erson 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 reauirements 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 iniunction restraining the person from activities that would create further violations or tom- 1 1 =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 oublic 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 be taken Subdivision 19. Criminal Prosecution A y 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 he subject to a criminal penalty as a mis- demeanor. Subdivision 20. Remedies Not Excl sive The reme- dies listed in this section are not exclusive of any other remedies available under any applicable federal. state or jocal law and it is within the discretion of the Authorized Enforcement Officer to seek cumulative remedies Section 2. This Ordinance shall become effective atter adoption and upon thirty (30) days following its legal publication. Adopted this day of 2006. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted underline indi- cates new matter.) (Oct. 26, 2006) p1- 10 -09 -06 -1st Read Ch4 Stmwtr Sys Legal Notices continued on next page