HomeMy WebLinkAboutOrd #056-3rd Ser/Amending code re: storm water discharge/connections SUMMARY OF ORDINANCE NO. 56 , THIRD SERIES
ORDINANCE NO. 56 , THIRD SERIES
AN ORDINANCEAMENDING CHAPTER 14
OF THE ORONO CITY CODE
CONCERNING STORM WATER ILLICIT DISCHARGE AND CONNECTIONS
The following is the official summary of Ordinance No. 56 , Third Series approved by
the City Council of the City of Orono on April 13, 2009.
The Ordinance adds language to Chapter 14 of the Orono Code regulating discharges into
the City's municipal separated storm sewer system, allowing suspension of access to the
municipal separated storm sewer system to stop an actual or threatened illicit discharge,
and declaring discharges in violation of these regulations to be Public Nuisances.
This is an abbreviated summary of Ordinance No. 56 , Third Series. A printed copy of
Ordinance No. 56 Third Series in its entirety is available for inspection by any person
at the office of the City Clerk during regular office hours. This ordinance becomes
effective immediately upon publication.
Adopted by the City Council of the City of Orono, Minnesota on this 13th day of
April, 2009 by a vote of 5 ayes and 0 nays.
ATTEST:
,� :��, ,�' �/� �.. ���
Lmda S. Vee, City Clerk J es M. White, Mayor
Published in the Sun Sailor newspaper the week of April 23 , 2009
� r
ORDINANCE NO. 56
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 14 OF THE ORONO CITY CODE
CONCERNING STORM WATER ILLICIT DISCHARGE AND CONNECTIONS
THE CITY COUNICL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
Section 1. Section 14-1 of the Orono City Code is amended to add the following
definitions:
Best mana�ement t�ractice (BMPI means erosion and sediment control and water uality
mana�ement practices that are the most effective and practicable means of controllingl
preventin�, and minimizin�the de�radation of surface water includin�construction-phasin�
mimmizin�the len�th of time soil areas are exposed prohibitions and other mana eg ment
practices published bv state or designated area-wide plannine a encies
Discharge means addine introducin� releasin leakin�s ip llin casting throwin� or
emittin�anv pollutant or lacin�anYpollutant in a location where it is likely to pollute waters of
the state. '
Erosion means the eroup of natural nrocesses includin�weatherin� dissolution
abrasion, corrosion, and transnortation bv which material is worn away from the earth's surface
or the erosive process of washing awa soil bv water
Groundwater is water contained below the surface of the earth in the saturated zone
includin�, without limitation all waters whether under conned unconfined or erp ched
conditions, in near surface unconsolidated sediment or regolith or in rock formations deeper
under r�d.
Illicit connection is defined as either of the followin •
(1) Anv drain or convevance whether on the surface or subsurface which allows an
ille�al dischar�e to enter the storm drain svstem (including anv non-storm water
dischar�e) includin� sewa�process wastewater and wash water and any
connections to the storm drain svstem from indoor drains and sinks re�ardless of
whether said drain or connection had been previouslv allowed permitted or
approved bv an authorized enforcement a encv or
�21 Anv drain or convevance connected from a residential commercial or industrial
land use to the storm drain svstem which has not been documented in plans maps
or equivalent records and anproved by an authorized enforcement a�ency.
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Illicit discharge means anv direct or indirect non-storm water discharge to the storm
sewer svstem, except as exempted in this chapter
MPCA means the Minnesota Pollution Control A�enc�
Municipal separate storm sewer svstem (MS4) means the system of convevances
(includin�sidewalks, roads with drainaQe svstems municipal streets catch basins curbs gutters
drtches, man-made channels, or storm drains) owned and operated bv the Citv and desi n�ed or
used for collectin�or convevin� storm water and which is not used for collecting or conveying
sewa�e•
National Pollutant Dischar�e Elimination Svstem (NPDES) means the national�ro ram
for issume modifvin� revokin� and reissuing terminating monitoring and enforcin�L ermits
and imvosm�and enforcin�pretreatment requirements under sections 307 318 402 and 405 of
the Clean Water Act, United States Code, title 33 sections 1317 1328 1342 and 1345
Person means anv individual firm corporation partnership franchise association or
governmental entit�
Pollutant means anv substance which when discharged has potential to or does any of
the followm�:
(1) Interferes with state designated water uses•
�2) Obstructs or causes damage to waters of the state•
(3) Chan�es water color odor or usabilitv as a drinkin�water source throu�h causes
not attributable to natural stream processes affectin� surface water or subsurface
processes affectin��roundwater•
(4) Adds an unnatural surface film on the water•
(5) Adverselv chan�es other chemical biological thermal or phvsical condition in
anv surface water or stream channel•
(6) DeQrades the qualitv of ground water• or
(7) Harms human life aQuatic life or terrestrial plant and wildlife
Pollutant includes but is not limited to dred�ed soil solid waste incinerator residue
Qarba�e, wastewater sludQe chemical waste biological materials radioactive materials
rock, sand, dust, industrial waste, sediment nutrients toxic substance pesticide
herbicide, trace metal, automotive fluid petroleum-based substance and oxygen
demandm�material.
Pollute means to dischar�e pollutants into waters of the state
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Pollution means the direct or indirect distribution ofpollutants into waters of the state.
State desiQnated water uses means uses specified in state water quality standards.
Storm sewer svstem is a conveyance or system of convevances that is owned and operated
� bv the Citv or other entity and desiQned or used for collectin�or convevin� storm water
Storm water means precipitation runoff, storm water runoff snow melt off and any other
surface runoff and draina�e.
� Surface Waters means all waters of the state other than ground waters which include
ponds, lakes, rivers, streams, tidal and nontidal wetlands public ditches tax ditches and ublic
drainage svstems except those designed and used to collect convev or dispose of sanitar.y �
sewa�e•
Waters ofthe State has the meanin�given it in Minnesota Statutes Section 115 O1
subdivision 22.
Section 2. Subdivision V is added to Division 5 of Title II, Chapter 14, Article III of the
Orono City Code to read as follows:
Subdivision V. Storm Water Illicit Discharge and Illicit Connection
Sec. 14-301. Purpose. The purpose of this subdivision is to promote, preserve and
enhance the natural resources within the City and protect them from adverse effects occasioned
� by non-storm water discharges by regulating discharges that would have an adverse and
potentially irreversible impact on water quality and environmentally sensitive land.
Sec. 14-302. Findings. The City Council hereby finds that non-storm water discharges to
the City's municipal separated storm sewer system are subject to higher levels of pollutants that
enter into receiving water bodies adversely affecting the public health, safety and general welfare
by impacting water quality, creating nuisances, and impairing other beneficial uses of
environmental resources.
Sec. 14-303. Administration. The City and its authorized representatives are authorized
to administer, implement, and enforce the provisions of this subdivision.
Sec. 14-304. Illegal Disposal and Dumping.
a. No person shall throw, deposit, place, leave, maintain, or keep any substance
upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure,
business place, or upon any public or private land, so that the same might be or become a
pollutant, unless the substance is in containers, recycling bags, or any other lawfully established
waste disposal device.
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b. No person shall intentionally dispose of grass, leaves, dirt, or landscape material
into a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch,
natural watercourse, flood control channel, canal, storm drain or any fabricated natural
conveyance.
Sec. 14-305. Illicit Discharges and Connections.
a. No person shall cause any illicit discharge to enter the storm sewer system or any
surface water unless such discharge:
(1) Consists of non-storm water that is authorized by an NPDES point source permit
obtain from the MPCA;
(2) Is associated with fire fighting activities or other activities necessary to protect
public health and safety;
(3) Is one of the following exempt discharges: 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 conditioning condensation, springs,
non-commercial washing of vehicles, natural riparian habitat or wetland flows,
dechlorinated swimming pools and any other water source not containing
pollutant;
(4) Consists of dye testing as long as the City provided a verbal notification prior to
the time of the test.
b. No person shall use any illicit connection to intentionally convey non-storm water
to the City's storm sewer system.
c. The construction, use, maintenance or continued existence of illicit connections to
the storm sewer system is prohibited. 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.
d. A person is considered to be in violation of this ordinance if the person connects a
line conveying sewage to the storm sewer system, or allows such a connection to continue.
Sec. 14-306. General Provisions. All owners or occupants of property shall comply
with the following general requirements:
a. No person shall leave, deposit, discharge, dump, or otherwise expose any
chemical or septic waste in an area where discharge to streets or storm sewer system may occur.
This section shall apply to both actual and potential discharges.
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(1) Individual septic systems must be rnaintained to prevent failure, which has the
potential to pollute surface water.
(2) Recreational vehicle sewage shall be disposed to a proper sanitary waste facility.
Waste shall not be discharged in an area where drainage to streets or storm sewer
systems may occur.
(3) For pools, water must be allowed to sit seven (7) days without the addition of
chlorine to allow for chlorine to evaporate before discharging in an area where
drainage to streets or storm sewer systems may occur.
b. Runoff of water into the storm sewer system shall be minimized to the maximum
extent practicable. Runoff of water into the storm sewer system from the washing down of paved
areas is prohibited unless necessary for l�ealth or safety purposes.
c. Mobile washing companies (carpet cleaning, mobile vehicle washing, etc) shall
dispose of wastewater to the sanitaxy sewer. Wastewater must not be discharged where drainage
to streets or storm sewer system may occur.
d. Storage of materials, machinery and equipment must comply with the following
requirements:
(1) Objects, such as motor vehicle parts containing grease, oil or other hazardous
substances, and unsealed receptacles containing hazardous materials shall not be
stored in areas susceptible to runoff.
(2) Any machinery or equipment that is to be repaired or maintained in areas
susceptible to runoff shall be placed in a confined area to contain leaks, spills, or
discharges.
e. Debris and residue shall be removed as follows:
(1) All motor vehicle parking lots and private streets shall be swept at least once a
year in the spring to remove debris. Such debris shall be collected and properly
disposed.
(2) Fuel and chemical residue or other types of potentially harmful material, such as
animal waste, garbage or batteries shall be removed as soon as possible and
disposed of properly. Household hazardous waste may be disposed of through the
county collection program or at any other appropriate disposal site and shall not
be placed in a trash container.
Sec. 14-307. Industrial Activity Discharges. Any person subject to an industrial
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
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the allowing of discharges to the storm sewer system. All facilities that have storm water
discharges associated with industrial activity must adhere to the following provisions:
a. Any person responsible for a property or premise, who 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 discharge of pollutants to the storm sewer system.
These BMPs shall be part of a storm water pollution pr�vention plan(SWPPP) as necessary for
compliance with requirements of the NPDES permit.
Sec. 14-308. 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
facility or operation has information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging into the storm sewer
system, or water of the state 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 City no later than the next business day.
Sec. 14-309. Suspension of Storm Sewer System Access.
a. Suspension due to illicit discharges in emergency situation. The City 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, to the heath or welfare of persons, to the storm sewer or
waters of the state. If the violator fails to comply with a suspension order issued in an
emergency, the city may take such steps as deemed necessary to prevent or minimize damage to
the storm sewer system or the waters of the state, or to minimize danger to persons.
b. Suspension due to the detection of illicit discharge. All persons discharging to the
MS4 in violation of this ordinance may have their access terminated if such termination serves to
abate or reduce an illicit discharge. It is a violation of this ordinance to reinstate access to
premises that have been terminated pursuant to this section without the prior approval of the
City.
Sec. 14-310. Enforcement.
a. Notice of Violation. A violation of this ordinance is a Public Nuisance. When
the City finds that a person has violated a prohibition or failed to meet a requirement of this
section, the person is deemed to have created a Public Nuisance subject to abatement and
assessment, as provided in City Code Section 70-5. In addition to any order issued pursuant to
City Code Section 70-5, the City may require the following:
(1) The performance of monitoring, analysis, and reporting;
(2) The implementation of source control or treatment BMPs; and
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(3) Any other requirement deemed necessary.
Section 3. Effective Date. This ordinance is effective immediately upon adoption and
publication according to law.
ADOPTED this 13`h day of April , 2009, by the City Council of the City of
Orono.
By. �-7�r 1���
ames. M. White
ATTEST:
t ,���� �4- �/�
Linda S. Vee, City Clerk
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