HomeMy WebLinkAboutOrd. 346 - Construction Site erosion and Waste Control Ordinance
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 346
CONSTRUCTION SITE EROSION AND WASTE CONTROL ORDINANCE
Section 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 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 Water Resource Management Plan (WRMP);
2. Building Rules and Guidelines; and
3. Development contracts.
Section 2. Def"mitions
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 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.
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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.
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.
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.
PERSON: Any individual, finn, company, association, society, corporation or group.
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.
SUSPENDED SOLIDS: Total suspended matter that either floats on the surface of, or is
in suspension in water and/or other liquids
Section 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 10000 I).
Section 4. 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.
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Section 5. Onsite Activity Requirements
5.1 Debris Storage: All construction debris shall be kept in an enclosed building or
properly contained in a covered container designed for such purposes throughout the
construction process.
5.2 Waste Disposal: It shall be the responsibility of the Contractor to dispose of all
construction debris in a manner approved by the City.
5.3 Construction Entrance Criteria: The Contractor shall take all the necessary
measures to prevent sediment from entering the City streets during the construction
process. Such practices shall occur in the manner as prescribed in section 8.2 of this
chapter.
5.4 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.
Section 6. Erosion Control and Site Stabilization
6.1 Erosion Control Placement Requirements: Silt fence 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.
6.2 Silt Fence Installation Procedures: Silt fence shall be installed to meet the City of
Andover standard details per Standard Drawing No. 601.
6.3 Site Erosion Control Timelines for Compliance: Silt fence 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.
Silt fence 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.
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6.4 Temporary Site Stabilization: Sites that are to be left with barren soils exposed for
more than two weeks 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
Section 7. Inspections and Investigations
The City shall do periodic inspections to ensure that proper erosion control and
construction debris containment measures are met.
Section 8. Sanctions for Compliance
8.1 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 fence 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 oftime.
8.2 Corrective Measures: The following are corrective measures that shall be taken, as
directed by the City:
1. Repairing and/or adding silt fence;
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 furnishing adequate ground cover to lessen wind and water
erosion as prescribed in section 6.4 of this chapter.
8.3 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 both orally and in writing, and will be given a reasonable
timeframe for correcting the violation.
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8.4 Penalties for Non-compliance: Failure to meet the deadline will result in one or
more of the following penalties:
1. The City performing the necessary work or contracting for the completion of the
work and billing the contractor 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.
8.5 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.
Adopted by the City Council of the City of Andover this 19th day of June .2007.
CITY OF ANDOVER
piPRcdaJ
Michael R. Gamache - Mayor
Attest:
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Victoria V olk - City Clerk
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