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HomeMy WebLinkAboutOrd. 401 - Illicit Discharges/Summary CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 401 AN ORDINANCE APPLYING TO ILLICIT DISCHARGES IN THE CITY THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 10: 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: Right of Entry 10-7-9: Recordkeeping Procedures 10-7-10: Violations Deemed a Public Nuisance 10-7-11: Appeal Of Notice Of Violation 10-7-12: Injuctive Relief 10-7-13: Compensatory Action 10-7-14: Penalties 10-7-15: 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. 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. S 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 streanl 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 S 1342(b)). PREMISES: A building, lot, parcel ofland, or portion ofland. 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 conmlencement, 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 stOlW 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: 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. 10-7-9: RECORDKEEPING PROCEDURES: The City shall keep adequate records of all cOlTespondence related to the contents of this chapter for no less than six (6) years. 10-7-10: 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. 10-7-11: APPEAL OF NOTICE OF VIOLATION: Any person receiving a Notice of Violation may appeal the deteIwination of the City. The notice of appeal must be received within fomieen (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 ofthe notice of appeal. 10-7-12: 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 ofthe violation. 10-7-13: COMPENSATORY ACTION: In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City may impose alternative compensatory actions. 10-7-14: 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 may be 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 OCCUlTence. 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. 10-7-15: 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. Adopted by the City Council of the City of Andover on this 21 st day of December, 2010 CITY OF ANDOVER ATTEST ----- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 401 SUMMARY ILLICIT DISCHARGE DETECTION AND ENFORCMENT ORDINANCE ADDED TO TITLE 10 STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pmsuant to the authorization and policies contained in Minnesota Statute 462. Policy-A chapter will be added to Title 10 (Water and Sewer), which will be called Illicit Discharge Detection and Enforcement. This regulatory mechanism is required under the federally mandated National Pollutant Discharge Elimination System (NPDES) Phase II program. The City shall have a program in place that prohibits, detects and enforces illicit discharges. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction-The provisions ofthis 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 ofthe City Clerk. Adopted by the City Council of the City of Andover on this 21st day of December, 2010.