HomeMy WebLinkAboutOrd. 570 - Amendment 10-6 CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.570
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS FOLLOWS:
AMENDMENT TO CITY CODE TITLE 10: WATER AND SEWER AS FOLLOWS:
CHAPTER 6
CONSTRUCTION SITE EROSION AND WASTE CONTROL
SECTION:
10-6-1: Declaration of Policy
10-6-2: Definitions
10-6-3: Application and SWPPP Requirements for Contractor
10-64: Right of Entry Provision
10-6-5: Onsite Activity Requirements
10-6-6: Erosion Control and Site Stabilization
10-6-7: Inspections and Investigations
10-6-8: Sanctions for Compliance
10-6-1: DECLARATION OF POLICY: During the construction process, soil and debris is highly
vulnerable to erosion by wind and water. Eroded soil and debris endangers water resources by reducing
water quality and causing the siltation of aquatic habitat or fish and other desirable species. Eroded soil
and debris also necessitates cleaning sewers and ditches.
The purpose of this ordinance is to safeguard persons,protect property and prevent damage to the
environment in the City. It is intended to also promote the public welfare by guiding,regulating and
controlling the design,construction,use and maintenance of any development or other activity that
disturbs or breaks the topsoil or results in the movement of earth on land and generates debris.
The City hereby adopts and incorporates by reference the erosion, sediment,and waste control standards
established by the Minnesota Pollution Control Agency's NPDES/SDS Construction Stormwater General
Permit MNR100001 (CSW Permit) as now constituted and from time to time amended.
The information in this ordinance is supplemental to language in other ordinances,plans,policies,
guidelines and contracts included but not limited to the following:
1. City of Andover Surface Water Reseurea Management Plan PAq4p) (SWMP)
2. Building Rules and Guidelines
3. Development contracts.
4. Storm Water Pollution Prevention Program
5. Engineering Plan Review Checklist
10-6-2: DEF01TIONS:
BEST MANAGEMENT PRACTICES (BMP'S): Technique or series of techniques,which are proven to
be effective in controlling runoff, erosion, sedimentation and construction debris confinement.
CITY: City of Andover.
CITY ENGINEER: Andover City Engineer or other designated authority charged with the administration
and enforcement of this chapter.
CONSTRUCTION ACTIVITY: Activities including clearing,grading,and excavating,that result in land
disturbance of equal to or greater than one acre, including the disturbance of less than one acre of total
land area that is part of a larger common plan of development or sale if the larger common plan will
ultimately disturb equal to or greater than one acre.This includes a disturbance to the land that results in a
change in the topography, existing soil cover,both vegetative and nonvegetative,or the existing soil
topography that may result in accelerated stormwater runoff that may lead to soil erosion and movement
of sediment.Construction activity does not include a disturbance to the land of less than five acres for the
purpose of routine maintenance performed to maintain the original line and grade,hydraulic capacity,and
original purpose of the facility. Routine maintenance does not include activities such as repairs,
replacement and other types of non-routine maintenance. Pavement rehabilitation that does not disturb the
underlying soils (e.g.,mill and overlay projects) is not construction activity.
CONSTRUCTION DEBRIS: Any waste generated as a result of construction including but not limited to
discarded building materials, concrete truck washout,chemicals,litter or refuse and sanitary waste.
CONTRACTOR: Any person who's responsible for abiding by the applicable requirements set forth in
this ordinance.
DNR: Minnesota Department of Natural Resources.
EROSION:The wearing away of the ground surface as a result of the movement of wind,water,ice and/or
land disturbance activities.
EROSION CONTROL: A measure that prevents erosion.
ESTABLISHED YARD:A yard that has permanent ground cover established suitable for long-term erosion
control including but not limited to seed,sod,native plants, shrubbery,trees,rock or mulch.
GENERAL PERMIT: A permit issued under Minn. R. 7001.0210 to a category of ownerstoperators
whose operations,emissions,activities, discharges,or facilities are the same or substantially similar.
GRADING,DRAINAGE AND EROSION CONTROL PLAN: A city and local watershed approved plan
required prior to commencement of any site grading, which details grading requirements, drainage
characteristics and erosion control methods.
IMPERVIOUS SURFACE: A constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow
than prior to development. Examples include rooftops, sidewalks,driveways, parking lots, and concrete,
asphalt, or gravel roads. Bridges over surface waters are considered impervious surfaces.
LOCAL WATERSHED: The local regulating authority for watershed management; the two servicing
Andover include the Coon Creek Watershed District (CCWD) and Lower Rum River Watershed
Management Organization(LRRWMO)respectively.
MPCA: Minnesota Pollution Control Agency.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances
including roads with drainage systems,municipal streets,catch basins,curbs, gutters, ditches, man-made
channels,or storm drains:
a) owned or operated by a state,city,town,county,district,association,or other
public body,created by or pursuant to state law,having jurisdiction over disposal
of sewage, industrial wastes, stormwater, or other wastes, including special
districts under state law such as a sewer district, flood control district, or
drainage district or similar entity,or an Indian tribe or an authorized Indian tribe
organization, or a designated and approved management Agency under section
208 of the federal Clean Water Act, United States Code,title 33, section 1288,
that discharges into waters of the state;
b) designed or used for collecting or conveying stormwater,
c) that is not a combined sewer; and
d) that is not part of a publicly owned treatment works as defined in 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):The program for
issuing, modifying,revoking, reissuing, terminating,monitoring,and enforcing permits under the
Clean Water Act,as amended(33 U.S.C. 1251 et seq.Section 1342 and 40 CFR parts 122, 123, 124
and 450).
PERSON: Any individual,firm,company, association, society,corporation or group.
PUBLIC WATERS: All water basins and watercourses described in Minn. Star. Sect. 103G.005 subp.15.
ROUGH GRADE:The stage at which the grade approximately conforms to the approved plan.
SITE: Any real property upon which improvements are to be made.
SITE GRADING: Excavation or fill of material, including the resulting conditions thereof.
STORM DRAIN/STORM SEWER: A drain or sewer for conveying storm water runoff, ground water,
subsurface water or unpolluted water from any source.
STORMWATER: Precipitation runoff, stormwater runoff, snowmelt runoff and any other surface runoff
and drainage.
SWPPP: Storm Water Pollution Prevention Program
STRUCTURAL STORMWATER BMP: A stationary and permanent BMP that is designed, constructed
and operated to prevent or reduce the discharge of pollutants in stormwater.
SUSPENDED SOLIDS: Total suspended matter that either floats on the surface of or is in suspension in
water and/or other liquids.
10-6-3: APPLICATION AND SWPPP]REQUIREMENTS FOR CONTRACTOR: It is the
responsibility of the Contractor to obtain all the necessary permits from the MPCA and abide by all the
requirements set forth in the General Stormwater Permit for Construction Activity(Permit Number: MN
R 100001).
10-64: RIGHT OF ENTRY PROVISION:
Every licensee shall allow any peace officer,health officer,or properly designated officer or employee of
the City to enter, inspect,and search the grounds of the licensee at reasonable hours without a warrant.
10-6-5: ONSITE ACTIVITY REQUIREMENTS:
Debris Storage: All construction debris shall be kept in an enclosed building or properly contained in-a
Waste Disposal: It shall be the responsibility of the Contractor to dispose of all construction debris in a
manner approved by the City.
Construction Entrance Criteria:The Contractor shall take all the necessary measures to prevent sediment
from entering the City streets during the construction process.
Site Dewatering: Water pumped from the site shall be treated prior to entering a wetland, lake, river or
stream to meet requirements set forth by DNR,MPCA and local watershed rules and regulations.
10-6-6: EROSION CONTROL AND SITE STABILIZATION:
Erosion Control Placement Requirements: Silt fence or another approved erosion control method shall
be installed on individual lots to protect the following:
1. Wetlands;
2. Sedimentation ponds,basins or drainage swales;
3. Established yards;
4. Valuable pieces of natural lands; and
5. Special circumstances determined by the City Engineer or designee.
Silt Fence Installation Procedures: Silt fence shall be installed to meet the City of Andover standard
details per Standard Drawing No. 601.
Site Erosion Control Timelines for Compliance:Sik fens Erosion control shall be installed in all the
locations of the site per the Grading,Drainage and Erosion Control Plan. No grading shall take place until
verbal authorization is given by the City Engineer or designee.
gilt fenee Erosion control shall be installed in the locations as prescribed in section 6.1 of this chapter prior
to the release of a building permit to the builder for each individual lot. No permit shall be issued until the
City Engineer or designee signs the Building Permit Application.
Temporary Site Stabilization: Sites that are to be left with barren soils exposed for more than two weeks
one week following the completion of rough grading due to weather conditions,time of season,construction
phase or other reason shall be temporarily stabilized by establishing adequate ground cover with City or
watershed approved measures, which may include but is not limited to one or more of the following:
1. Straw fiber blanket;
2. Mulch;
3. Hay;
4. Seed or sod; or
5. Tarping
6. Hydro-mulch
10-6-7: INSPECTIONS AND INVESTIGATIONS:
The City shall do periodic inspections to ensure that proper erosion control and construction debris
containment measures are met.
10-6-8: SANCTIONS FOR COMPLUNCE:
Violations Declared: A case where a BMP has failed, was removed,was not properly installed, was not
installed or was not managed properly, which increases the potential for pollutants to waters of the state
includes but is not limited to the following:
1. Silt few Erosion control failure or improper installation;
2. Non-storm water discharges on impervious surfaces;
3. Garbage,refuse, construction debris; and
4. The presence of barren soils for an extended period of time.
Corrective Measures: The following are corrective measures that shall be taken,as directed by the City:
1. Repairing and/or adding sih fenee erosion control;
2. Removing pollutants from impervious surfaces including streets and gutters not limited to sand or
other sediment, brush, garbage, refuse, construction debris, oils and concrete washout by an
effective means;
3. Picking up garbage, refuse or construction debris in and amongst the grounds of the development
and/or adjacent properties; and
4. Stabilizing the site by famishing adequate ground cover to lessen wind and water erosion as
Procedure for Correction:Upon the determination of a violation, a deadline for correction shall be given
with notification of penalties for failing to comply.
The Contractor shall be notified bath orally and/or in writing and will be given a reasonable timeframe for
correcting the violation.
Penalties for Non-compliance: Failure to meet the deadline will result in one or more of the following
penalties:
1. The City perfomung the necessary work or contracting for the completion of the work and billing
the contractor/property owner for said services and/or using escrow funds;
2. Discontinuing the issuance of any permits or Certificate of Occupancies(CO's)in the development
or for the individual lot;
3. Stop work orders; and
4. Discontinuing scheduled inspections.
Violation; Misdemeanor: Any person who is found to violate any section of this Ordinance shall be
charged with a misdemeanor and, upon conviction thereof, shall be subject to a misdemeanor penalty as
then defined by Minnesota law. Additionally, the City may exercise any civil remedy available under
Minnesota law for the enforcement of this Ordinance including civil action, mandamus, injunctive relief,
declaratory action,or the levying of assessments.(Ord. 346/6-19-07)
CHAPTER 7
ILLICIT DISCHARGE DETECTION AND ENFORCEMENT
SECTION:
10-7-1: Purpose/Intent
10-7-2: Definitions
10-7-3: Applicability
10-7-4: Responsibility For Administration
10-7-5: Severability
10-7-6: Discharge Prohibitions
10-7-7: Industrial or Construction Activity Discharges
10-7-8 Salt Storage and Handling
10-7-9 9: Right of Entry
10-7-9 10: Recordkeeping Procedures
10-749 11: Violations Deemed a Public Nuisance
10-7-4 12: Appeal Of Notice Of Violation
10-74213: Injuctive Relief
10-7-4-3 14: Compensatory Action
10-7-4415: Penalties
10-745 16: Remedies Not Exclusive
10-7-1: PURPOSE/INTENT:The purpose of this chapter is to provide for the health,safety,and general
welfare of the citizens of the City through the regulation of non-storm water discharges to the Municipal
Separate Storm Sewer System(MS4), as required by federal and state law, and to establish inspection and
monitoring procedures for this purpose.
The information in this ordinance is supplemental to language in other ordinances,plans, policies,
guidelines and contracts included but not limited to the following:
1. City of Andover Surface Water Resewe Management Plan ( )(SWMP)
2. Building Rules and Guidelines
3. Development contracts.
4. Storm Water Pollution Prevention Program
5. Engineering Plan Review Checklist
10-7-2: DEFINITIONS:
BEST MANAGEMENT PRACTICES(BMP'S):Management practices or techniques to prevent or reduce
the discharge of pollutants to the MS4.
CLEAN WATER ACT: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments.
CONSTRUCTION ACTIVITY: Activities subject to NPDES Construction Permits.
FACILITY: A commercial, industrial or institutional building.
ILLICIT DISCHARGE: Any non-storm water discharge to the MS4 that will contribute to pollution.
Exceptions include water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration,uncontaminated pumped ground water,discharges from potable
water sources, foundation drains, air conditioning condensation, springs, water from crawl space pumps,
footing drains,individual residential car washing,flows from riparian habitats and wetlands,dechlorinated
swimming pool discharges, street wash water and discharges from fire fighting activities.
INDUSTRIAL ACTIVITY: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section
122.26 (b)(14).
MS4: Municipal Separate Storm Sewer System.
MUNICIPAL SEPARATE STORM SEWER SYSTEM: A conveyance or system of conveyances, owned
or operated by the City, which discharges to a water of the state and is designed or used for collecting or
conveying storm water and which is not a combined sewer.
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)).
PREMISES: A building,lot,parcel of land,or portion of land.
10-7-3: APPLICABILITY: This chapter shall apply to all water entering the MS4 unless explicitly
exempted by the City.
10-7-4: RESPONSIBILITY FOR ADMINISTRATION: The City, or its designee, shall administer,
implement, and enforce the provisions of this chapter.
A. Inspections and Investigations: The City may perform inspections to ensure compliance with this
chapter.
10-7-5: SEVERABILITY: The provisions of this chapter are hereby declared to be severable.
10-7-6: DISCHARGE PROHIBITIONS:
A. Prohibition of Illicit Discharges:No person shall discharge or cause to be discharged into the MS4
any Illicit discharges.
B. Exemptions: The commencement, conduct or continuance of any illicit discharge to the MS4 is
prohibited, except the following exemptions:
1. Any water source not containing pollutants.
2. Discharges specified in writing by the City as being necessary to protect public health and
safety.
10-7-7: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES:Any person subject to
an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions
of such permit.Proof of compliance with said permit may be required in a form acceptable to the City prior
to the allowing of discharges to the MS4.
10-7-8: SALT STORAGE AND HANDLING: For all commercial, institutional and industrial
properties, there shall be proper salt storage and handling procedures in place. This includes having
designated salt storage areas to be properly covered or indoors.The designated salt storage area shall be on
an impervious surface. Also, there shall be practices in place to reduce exposure when transferring the
material. This includes but is not limited to sweeping, diversions, securing and/or containment to prevent
salt product from going off site and into waters of the state or groundwater on or off site.
10-7-9 9: RIGHT OF ENTRY: The City shall be permitted to enter and inspect commercial,industrial
or institutional facilities subject to regulation to determine compliance with this chapter.
10-7-910 : RECORDREEPING PROCEDURES: The City shall keep adequate records of all
correspondence related to the contents of this chapter for no less than six(6)years.
10-7-4-9 11:VIOLATIONS DEEMED A PUBLIC NUISANCE: Any condition caused or permitted to
exist in violation of this chapter is declared and deemed a nuisance which may be summarily abated or
restored at the violator's expense, as set forth in City Code 4-1-4, and/or for which a civil action to abate,
enjoin, or otherwise compel the cessation of such nuisance may be taken.
10-741 12:APPEAL OF NOTICE OF VIOLATION: Any person receiving a Notice of Violation may
appeal the determination of the City.The notice of appeal must be received within fourteen(14)days from
the date of the Notice of Violation. Hearing on the appeal before the City Council shall take place within
fifteen(15)days from the date of receipt of the notice of appeal.
10-7-4-2 13:INJUNCTIVE RELIEF: If a person has violated or continues to violate the provisions of this
chapter, the City may petition for a preliminary or permanent injunction restraining the person from
activities which would create further violations or compel the person to perform abatement or remediation
of the violation.
10-7-B 14:COMPENSATORY ACTION: In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter,the City may impose alternative compensatory actions.
10-74415: PENALTIES:
A. Financial Penalty:Upon the first abatement of a nuisance,the property may be subject to the costs
outlined in Section 10-7-10. An additional financial penalty maybe imposed on properties upon a
second violation. The cost would be based on the specific event. Each successive violation abated
thereafter may be subject to a cumulative penalty per occurrence.
B. Misdemeanor Penalty: Any person violating a provision of this chapter shall be guilty of a
misdemeanor as defined by state law and subject to the penalties therefore. Each day in which such
violation continues shall constitute a separate offense.
10-745 16: REMEDIES NOT EXCLUSIVE: The remedies listed in this chapter are not exclusive of
any other remedies available under any applicable federal, state or local law and it is within the discretion
of the City of Andover to seek cumulative remedies. (Ordinance 401, 12-21-10)
All other Titles,Chapters,and Sections of the City Code shall remain as written and adopted by the
Andover City Council.
Adopted by the City Council of the City of Andover on this 171 day of December 2024.
ATTEST: CITY OF ANDO
is elle Hartner,City Clerk Shen B a
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 570 SUMMARY
AN ORDINANCE ORDAINING AMENDMENTS TO CITY CODE TITLE 10: SEWER AND WATER
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota
Statute 412.
Policy
The purpose of the Ordinance is to protect the public health, safety,morals and welfare of residents of the
City of Andover. The amendments address Minnesota Pollution Control Agency's (MPCA) Small
Municipal Separate Storm Sewer Systems (MS4) General Permit requirements. Changes to Chapter 6
include but are not limited to: definitions, allowing for other approved erosion control methods, shortens
time frame for temporary site stabilization requirements. Changes to Chapter 7 include but are not limited
to: noting the ordinance is supplemental to language in other areas, and salt storage and handling
requirements for commercial,institutional and industrial properties.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall
be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this 171 day of December 2024.
ATTEST: CITY OF AND�,OYER
is e le Harmer, City Clerk Sheri B a, ayo