City Council Ordinance 516ORDINANCE #516
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE REGULATING ILLICIT DISCHARGE, DETECTION AND
ELIMINATION RELATING TO THE CITY'S STORM DRAINAGE SYSTEM
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
Section 1. Title 7 of the City Code of the City of Monticello is amended by adding the
following chapter.
CHAPTER 10
ILLICIT DISCHARGE, DETECTION AND ELIMINATION ORDINANCE
SECTION:
7-10-1: Purpose and Intent
7-10-2: Definitions
7-10-3: Applicability
7-10-4: Responsibility for Administration
7-10-5: Severability
7-10-6: Ultimate Responsibility
7-10-7: Prohibitions
7-10-8: Suspension of MS4 Access
7-10-9: Industrial or Construction Activity Discharges
7-10-10: Monitoring of Discharges
7-10-11: Requirement to Prevent, Control, and Reduce Storm Water Pollutants by
the use of Best Management Practices
7-10-12: Watercourse Protection
7-10-13: Notification of Spills
7-10-14: Enforcement
7-10-15: Appeal of Notice of Violation
7-10-16: Enforcement Measures After Appeal
7-10-17: Cost of Abatement of the Violation
7-10-18: Injunctive Relief
7-10-19: Compensatory Action
7-10-20: Violations Deemed A Public Nuisance
7-10-21: Criminal Prosecution
7-10-22: Remedies Not Exclusive
7-10-23: Adoption of Ordinance
7-10-1: PURPOSE AND INTENT: The purpose of this ordinance is to provide for the
health, safety, and general welfare of the citizens of Monticello through the
regulation of non -storm water discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law. This ordinance
establishes methods for controlling the introduction of pollutants into the
municipal separate storm sewer system (MS4) in order to comply with
requirements of the National Pollutant Discharge Elimination System (NPDES)
permit process. The objectives of this ordinance are:
(A) To regulate the contribution of pollutants to the municipal separate storm
sewer system (MS4) by stormwater discharges by any user;
(B) To prohibit illicit connections and discharges to the municipal separate
storm sewer system; and,
(C) To establish legal authority to carry out all inspection, surveillance,
enforcement, and monitoring procedures necessary to ensure compliance
with this ordinance.
7-10-2: DEFINITIONS: For the purpose of this chapter, certain words and terms are
defined as follows:
ACCIDENTAL DISCHARGE: Means a discharge prohibited by this ordinance
and without planning or thought prior to occurrence.
AUTHORIZED ENFORCEMENT AGENCY: Employees or designees of the
City of Monticello designated to enforce this ordinance.
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or
indirectly to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices to
control site runoff, spillage or leaks, sludge or water disposal, or drainage from
raw materials storage.
CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S. C. §
1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY: Activities subject to the NDPES Construction
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 grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS: Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
ILLICIT DISCHARGE: Any direct or indirect non -storm water discharge to the
storm drain system, except as exempted in Section 7 of this ordinance.
ILLICIT CONNECTIONS: An illicit connection is defined as either of the
following:
(A) Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge including sewage, process wastewater, and
wash water to enter the storm drain system, including any connections to
the storm drain system from indoor drains and sinks, regardless of whether
said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency or,
(B) Any drain or conveyance connected from a commercial or industrial land
use to the storm drain system which has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
INDUSTRIAL ACTIVITY: Activities subject to NDPES Industrial Permits as
defined in 40 CFR, Section 122.26 (b) (14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A stormwater
conveyance or unified stormwater conveyance system (including without
limitation: roads with drainage systems, municipal streets, catch basins,
stormwater detention facilities, curbs, gutters, ditches, natural or man-made
channels, or storm drains), that:
(A) Is located within the corporate limits of Monticello, MN.
(B) Is owned or operated by the State, County, the City, or other public body.
(C) Discharges to Waters of the State and/or United States, excluding publicly
owned treatment works, and lawful connections thereto, which in turn
discharge into the Waters of the State and/or United States.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT: Any permit or requirement enforced pursuant to the clean water act as
amended for the purposes of regulating storm water discharge.
NON -STORM WATER DISCHARGE: Any discharge to the storm drain system
that is not composed entirely of storm water.
PERSON: Means any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either the owner or as
the owner's agent.
POLLUTANT: Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents; oil and other
automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and
accumulations, so that same may cause or contribute to pollution; floatables,
pesticides, herbicides; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes and
residues that result from constructing a building or structure; and noxious or
offensive matter of any kind.
POLLUTION: Man-made or man -induced alteration of the chemical, physical,
biological, thermal, and/or radiological integrity of water.
PREMISES: Any buildings, lot, parcel of land or portion or land whether
improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM: Publicly -owned facilities by which storm water
is collected and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and human -made or altered
drainage channels, reservoirs, and other drainage structures.
STORMWATER: Any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such
precipitation.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A document
which describes the Best Management Practices and activities to be implemented
by a person or business to identify sources of pollution or contamination at a site
and the actions to eliminate or reduce pollutant discharges and/or Receiving
Waters to the Maximum Extent Practicable.
WASTEWATER: Any water or other liquid, other than uncontaminated storm
water, discharged from a facility.
WATERS OF THE STATE AND/OR UNITED STATES: All water bodies
regulated by the State and/or United States including streams, lakes, ponds,
wetlands, marshes, waterways, wells, springs, reservoirs, aquifers, irrigation
systems, drainage systems and all other bodies or accumulations or water, surface
or underground, natural or artificial, public or private, which are contained within,
flow through, or border upon the state of Minnesota or any portion thereof, or
which may be susceptible to use in interstate or foreign commerce.
7-10-3: APPLICABILITY: This ordinance shall apply to all water entering the storm
drain system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
7-10-4: RESPONSIBILTY FOR ADMINSTRATION: The City of Monticello shall
administer, implement, and enforce the provisions of this ordinance. Any powers
granted or duties imposed upon the authorized enforcement agency may be
delegated in writing by the Director of the authorized enforcement agency to
persons or entities acting in the beneficial interest of or in the employ of the
agency.
7-10-5: SEVERABILITY: The provisions of this ordinance are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of this Ordinance or
the application thereof to any person, establishment, or circumstances shall be
held invalid, such invalidity shall not affect the other provisions or applications of
this Ordinance.
7-10-6: ULTIMATE RESPONSIBILITY: The standards set forth herein and
promulgated pursuant to this ordinance are minimum standards: therefore this
ordinance does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge of
pollutants.
7-10-7: PROHIBITIONS:
(A) Prohibition of Illicit Discharges:
No person shall discharge or cause to be discharged into the municipal storm
drain system or watercourses any materials, including but not limited to pollutants
or waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards, other than storm water.
The commencement or continuance of any illicit discharge to the storm drain
system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions
established by this ordinance: 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 wet -land flows,
swimming pools (if chlorinated — typically less than one PPM
chlorine), fire fighting activities, and any other water source not
containing pollutants.
2. Discharges specified in writing by the authorized enforcement agency
as being necessary to protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification
to the authorized enforcement agency prior to the time of the test.
4. 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 Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and
provided that written approval has been granted for any discharge to
the storm drain system.
(B) Prohibition of Illicit Connections:
1. The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
2. 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.
3. A person is considered to be in violation of this ordinance if the person
connects a line conveying sewage to the MS4, or allows such a
connection to continue.
7-10-8: SUSPENSION OF MS4 ACCESS:
(A) Suspension due to Illicit Discharges in Emergency Situations:
The City of Monticello may, without prior notice, suspend MS4 discharge access
to a person when such suspension is necessary to stop an actual or threatened
discharge which 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 State and/or United States. If the violator fails to comply with a suspension
order issued in an emergency, the authorized enforcement agency may take such
steps as deemed necessary to prevent or minimize damage to the MS4 or Waters
of the State and/or United States, or to minimize danger to persons.
(B) Suspension due to Detection of Illicit Discharges:
Any person discharging to the MS4 in violation of this ordinance may have their
MS4 access terminated if such termination would abate or reduce an illicit
discharge. The authorized enforcement agency will notify a violator of the
proposed termination of its MS4 access. The violator may petition the authorized
enforcement agency for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section, without the prior approval of the authorized
enforcement agency.
7-10-9: 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 of Monticello prior
to the allowing of discharges to the MS4.
7-10-10: MONITORING OF DISCHARGES:
(A) Applicability: This section applies to all facilities that have storm water
discharges associated with industrial activity, including construction
activity.
(B) Access to Facilities:
1. The City of Monticello shall be permitted to enter and inspect facilities
subject to regulation under this ordinance as often as may be necessary
to determine compliance with this ordinance. If a discharger has
security measures in force which require proper identification and
clearance before entry into its premises, the discharger shall make the
necessary arrangements to allow access to representatives of the
authorized enforcement agency.
2. Facility operators shall allow the City of Monticello ready access to all
parts of the premises 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.
3. The City of Monticello shall have the right to set up on any permitted
facility such devices as are necessary in the opinion of the authorized
enforcement agency to conduct monitoring and/or sampling of the
facility's storm water discharge.
4. The City of Monticello 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 stormwater flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by
the operator at the written or oral request of the City of Monticello and
shall not be replaced. The costs of clearing such access shall be borne
by the operator.
6. Unreasonable delays in allowing the City of Monticello access to a
permitted facility is a violation of a storm water discharge permit and
of this ordinance. A person who is the operator of a facility with a
NPDES permit to discharge storm water associated with industrial
activity commits an offense if the person denies the authorized
enforcement agency reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this
ordinance.
7. If the City of Monticello has been refused access to any part of the
premises from which stormwater is discharged, and he/she is able to
demonstrate probable cause to believe that there may be a violation of
this ordinance, or that there is a need to inspect and/or sample as part
of a routine inspection and sampling program designed to verify
compliance with this ordinance or any order issued hereunder, or to
protect the overall public health, safety, and welfare of the community,
then the authorized enforcement agency may seek issuance of a search
warrant from any court of competent jurisdiction.
7-10-11: REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE STORM
WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT
PRACTICES: The City of Monticello will adopt requirements identifying Best
Management Practices for any activity, operation, or facility which may cause or
contribute to pollution or contamination of storm water, the storm drain system, or
waters of the State and/or United States. The owner or operator of a commercial
or industrial establishment shall provide, at their 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, which 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 municipal
separate storm sewer system. Compliance with all terms and conditions 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 provisions
of this section. These BMPs shall be part of a stormwater pollution prevention
plan (SWPPP) as necessary for compliance with requirements of the NPDES
permit.
7-10-12: WATERCOURSE PROTECTION: Every person owning property through which
a watercourse passes, 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 significantly retard the flow of
water through the watercourse. In addition, the owner or lessee shall maintain
existing privately owned structures 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.
7-10-13: 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 illicit
discharges or pollutants discharging into storm water, the storm drain system, or
water of the State and/or United States 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
authorized enforcement agency 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 Public Works Director, City of
Monticello within three business days of the phone notice. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the
owner or operator of such establishment shall also retain an on-site written record
of the discharge and the actions taken to prevent its recurrence. Such records
shall be retained for at least three years.
7-10-14: ENFORCEMENT:
Notice of Violation: Whenever the City of Monticello finds a person has violated
a prohibition or failed to meet a requirement of this Ordinance, the authorized
enforcement agency may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
1. Monitoring, analyses, and reporting;
2. Elimination of illicit connections or discharges;
3. Abatement of pollution and hazards;
4. Restoration of affected property;
5. Payment of fine to cover administrative and remediation costs;
6. Implementation of source control or treatment BMPs; and
7. Other actions as deemed necessary by the City.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further 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.
7-10-15: APPEAL OF NOTICE OF VIOLATION: Any person receiving a Notice of
Violation may appeal the determination of the authorized enforcement agency.
The notice of appeal must be received within 14 calendar days from the date of
the Notice of Violation. Hearing on the appeal before the appropriate authority or
his/her designee shall take place within 30 calendar days from the date of receipt
of the notice of appeal. The decision of the municipal authority or their designee
shall be final.
7-10-16: ENFORCEMENT MEASURES AFTER APPEAL: If the violation has not been
corrected pursuant to the requirements set forth in the Notice of Violation, or, in
the event of an appeal, within 7 calendar days of the decision of the municipal
authority upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon the subject
private property and are authorized to take any and all 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
purposes set forth above.
7-10-17: COST OF ABATEMENT OF THE VIOLATION: Within 30 calendar days after
abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 30 calendar days. If the
amount due is not paid within a timely manner as determined by the decision of
the municipal authority or by the expiration of the time in which to file an appeal,
the charges shall become a special assessment against the property and shall
constitute a lien on the property for the amount of the assessment. Any person
violating any of the provisions of this article shall become liable to the city by
reason of such violation.
7-10-18: INJUNCTIVE RELIEF: It shall be unlawful for any person to violate any
provision or fail to comply with any of the requirements of this Ordinance. If a
person has violated or continues to violate the provisions of this ordinance, the
authorized enforcement agency may petition for a preliminary or permanent
injunction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation of the
violation.
7-10-19: COMPENSATORY ACTION: In lieu of enforcement proceedings, penalties, and
remedies authorized by this Ordinance, the authorized enforcement agency may
impose upon violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, etc.
7-10-20: VIOLATIONS DEEMED A PUBLIC NUISANCE: In addition to the
enforcement of processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this Ordinance is a threat
to public health, safety, and welfare, and is declared 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.
7-10-21: CRIMINAL PROSECUTION:
(A) Any person that has violated or continues to violate this ordinance shall be
liable to criminal prosecution to the fullest extent of the law.
(B) The enforcement agency may recover all attorneys' fees court costs and
other expenses associated with enforcement of this ordinance, including
sampling and monitoring expenses.
7-10-22: REMEDIES NOT EXCLUSIVE: The remedies listed in this ordinance are not
exclusive of any other remedies available under any applicable federal, state or
local law and it is within the discretion of the authorized enforcement agency to
seek cumulative remedies.
7-10-23: ADOPTION OF ORDINANCE: All prior ordinances and parts of ordinances in
conflict with this ordinance are hereby repealed.
Section 2. This ordinance shall become effective upon its passage and publication according
to law.
ADOPTED BYthe Monticello City Council this 28th day of June, 2010.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
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Jefe eill, City Administrator
VOTING IN FAVOR: Clint Herbst, Brian Stumpf, Glen Posusta, Susie Wojchouski
VOTING AGAINST: Tom Perrault