Loading...
IEDC Agenda 06-01-2010AGENDA MONTICELLO INDUSTRIAL & ECONOMIC DEVELOPMENT COMMITTEE Tuesday, June 1, 2010 7:00 a.m., Mississippi Room MEMBERS: Chair Don Roberts, Vice Chair Rich Harris, Patrick Thompson, Bill Tapper, Dick Van Allen, Dan Olson, Zona Gutzwiller, Wayne Elam, Marshall Smith, Elaine DeWenter, Chris Kruse, Luke Dahlheimer, Wes Olson, and Adam Stolpestad LIASIONS: Sandy Suchy, Chamber Clint Herbst, Mayor Glen Posusta, City Council 1. Call to Order 2. Approve Minutes: a. May 4, 2010 3. Consideration of adding items to the Agenda 4. Reports: a. Economic Development Report b. City Council 1) Walgreens 2) Feasibility Study for NE Quadrant Transportation 3) River Street Re -con Project c. Chamber of Commerce and Industry 5. Review Illicit Discharge, Detention, and Elimination Ordinance a. Review and presentation by Bruce Westby, City Engineer 6. Business Retention & Expansion a. Number of survey's completed b. Number of businesses remaining to survey c. General feedback, Red Flags, schedule Cancel regular July meeting 8. Adjournment. (8:00am) PROCEED INTO SMALL GROUP ZONING REWRITE DISCUSSION Economic Develoument Director Updates: EDA: The EDA approved a Preliminary Development Agreement with Rocky Mountain Group (i.e. Dahlheimer Beverage) for the purchase of 6 acres to facilitate a 50,000+ expansion in the future. Staff, Daliheimers, and consultants are currently working on the TIF budget and Final Development Agreement. The EDA met in a closed session on May 12, 2010 to discuss the received downtown Land Inquiry forms. The EDA directed staff to keep open communication with all land owners, however they did direct staff to begin negotiations with one particular property owner. The EDA will have a full June agenda: a) request from local business for a GMEF loan, b) marketing initiatives, c) joining MnCAR, d) utilization of surplus TIF dollars and the new TIF laws for anticipated improvements at the intersection of Hwy 25 & 75. City Council: See attached agenda. Planning Commission: See attached agenda. Wright County Economic Development Partnership: Please mark your calendars for Wednesday, June 2, 2010, from 5pm — 7pm at the Community Center for the first Wright County Wine and Beer Event. This is a GREAT way to meet local Wright County businesses and government leaders. The Partnership is an advocate for the economic growth in Wright County. Food, Prizes, and Entertainment will be provided. See attached flyer. Please sign up for this great Wright County networking event. I -94 Corridor Coalition: The Coalition is working on updating their marketing materials to bring to Washington D.C. in early June for a lobbying trip. BR &E: Will be discussed as part of a regular agenda item. Inquiries: No new inquiries to report Industrial Marketing / Venues: City Staff will be attending a State Marketing committee on June 1st Business Communications: Business Newsletter: Staff is working on this publication. Embracing Downtown: The Steering Committee chose to interview 6 firms: WSB, NAC, Cunningham, Bonestro, Place Dynamics, and McCombs. These interviews will occur on June 1't and June 8"', Future Meeting Dates: 1. IEDC: August 3, 2010. 2. EDA: June 9, 2010 3. BR &E: Fall AGENDA SPECIAL MEETING - MONTICELLO CITY COUNCIL Monday, May 24, 2010 — 5:30 p.m. Mayor: Clint Herbst Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojehouski Call to Order 2. A) Overview of HWY 25 /CSAH 75 Intersection B) Feasibility Study NE Quadrant Transportation 3. Adjournment AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, May 24, 2010 — 7 p.m. SPECIAL MEETING 5:30 pm — (1) Overview of HWY 25 /CSAH 75 Intersection (2) Feasibility Study NE Quadrant Transportation Mayor: Clint Herbst Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski 1. Cali to Order and Pledge of Allegiance 2A. Approval of Minutes — May 10, 2010 Regular Meeting 3. Consideration of adding items to the agenda 4. Citizen comments, public service announcements and Council updates a. Citizen Comments: b. Public Service Announcements: 1) 3d Grade Visit 2) Donations 3) Family Fun Day Bertram Regional Park (6/12) 4) Walk N Roll (6/19) C. Staff Updates: 1) UB online payments 5. Consent Agenda: A. Consideration of approving new hires and departures for City departments B. Consideration of adopting Resolution #2010 -29 to accept contribution of $250 from Tom Perrault C. Consideration of adopting Resolution #2010 -30 to accept contributions for Family Fun Day at Bertram Chain of Lakes Regional Park D. Consideration of adopting Resolution #2010 -31 establishing an Absentee Ballot Board for the 2010 Elections E. Consideration of accepting bids and approving purchase for Fire Safety equipment F. Consideration of approving an on -sale and Sunday liquor license for Pauly Companies Inc, dba Bluestone Grill at 9351 Cedar Street G. Consideration of accepting the 2010 Annual Sidewalk Inspection Report for the City of Monticello H. Consideration of approving Business Expansion Incentive Pilot Program Guidelines I. Consideration of adopting Resolution #2010 -37 of Intent to Reimburse from Bond Proceeds for NE Quadrant Improvements to State Hwy 25, CSAH 75 and East River Street, City Project No. l 00005 Consideration of approving an application for a Temporary On -Sale Liquor Permit for Wine Tasting/Networking Event on June 2 "d hosted by the Wright County Economic Development Partnership K. Consideration of approving out -of -state training for FiberNet Monticello employees 6. Consideration of items removed from the consent agenda for discussion. 7. Public Hearing - Consideration of adopting Resolution #2010 -32 ordering the improvements and authorizing plans and specifications for the Walnut Street addendum to the 2010 Street Reconstruction, City Project No. l 00001 8. Consideration of adopting Resolution #2010 -33 approving plans and specifications and authorizing bids for the Walnut Street addendum to the 2010 Street Reconstruction, City Project No. 100001 9. Consideration of adopting Resolution #2010 -34 accepting bids and awarding contract for the 2010 Street Reconstruction Improvements and Walnut Street addendum, City Project No. 100001 10. Consideration of authorizing preparation of a staff approved layout and Intersection Control Evaluation (ICE) for NE Quadrant Improvements to State Hwy 25 and CSAH 75, City Project No. l 00005 11. Consideration of adopting Resolution # 2010 -35 accepting Feasibility Study, authorizing preparation of Plans and Specifications, and calling for Public Hearing for the NE Quadrant Improvements to State Hwy 25, CSAH 75 and East River Street, City Project NO.100005 12. Consideration of adopting Ordinance #515 approving an amendment to the Monticello Zoning Ordinance for the Central Community District, adopting Chapter 14C, (CCD -R), Residential Overlay 13. Consideration of renewing policies for Monticello Conununity Center 14. Added Items (if any) 15. Approve payment of bills for May 24th 16. Adjournment MEETING MINUTES INDUSTRIAL & ECONOMIC DEVELOPMENT COMMITTEE (IEDC) Tuesday, May 4, 2010 7:00 a.m., Mississippi Room MEMBERS PRESENT: Chair Don Roberts, Vice Chair Rich Harris, Bill Tapper, Dick Van Allen, Dan Olson, Zona Gutzwiller, Marshall Smith, Elaine DeWenter, Luke Dahlheimer, Wes Olson, and Adam Stolpestad MEMBERS ABSENT: Patrick Thompson, Wayne Elam, Chris Kruse LIASIONS PRESENT: Sandy Suchy, Chamber, Clint Herbst, Mayor, Glen Posusta, City Council CITY STAFF PRESENT: Megan Barnett, Angela Schumann, Jeff O'Neill Call to Order IEDC Chair Don Roberts called the meeting to order at 7:03 a.m. Approve Minutes MOTION BY HARRIS TO APPROVE THE MARCH 2, 2010, AND THE APRIL 6, 2010 MINUTES MOTION SECONDED BY GUTZWILLER. MOTION CARRIED 11 -0. Consideration of adding items to the Agenda Roberts requested adding the appointment of a Committee Secretary to the agenda. Barnett suggested instead that Administrative Assistant, Kerry Burri, continue to take the minutes since there seemed to be little interest on the committee, at this time, to take on that role. She suggested that the committee revisit the issue next year when officers are elected. Economic Development Report: Barnett stated that the Wright County Economic Development Partnership would meet on June 2nd for a Wine and Beer Tasting to promote businesses and networking. Barnett noted that staff had received seventeen proposals for the Embracing Downtown Monticello REP. She will get the steering committee together soon to review the submissions. City Report: Jeff O'Neill reported on the business expansion incentive program recently approved by Council. He explained that $30,000 in liquor funds would be directed toward local businesses meeting approved criteria for job growth and/or business expansion. The subsidies would be capped at $5,000 per business. Chamber Report: Sandy Suchy pointed out upcoming events such as the Jobs Forum with Michelle Bachman on May 10th and the State of the State luncheon with Rep. Bruce Anderson and Sen. Amy Koch on May 18 ". She stated that a number of new businesses have moved or will be moving to town including a soccer store, a driving academy, cycle shop, Computer Brains, GNC, Beef O'Brady and the Blue Stone Grill, The Movie Gallery is closing. Roberts suggested that small business activity is really picking up. She noted that the BR &E Leadership Team would meet tomorrow morning to discuss how the survey process went. They planned to complete fifty more business surveys by June 2nd. The team will go to the U of M at the end of June and bring back information to the task force. The IEDC will have a community meeting to discuss the surveys at the end of August. Review Proposed Zoning Code Cominunity Development Director, Angela Schumann pointed out that the City's current Zoning Code has been amended over the years but that it is greatly in need of a full update. She provided a brief overview of the proposed Zoning Code revision stating that the process is 75% complete but needs input from the community. The structure of the code has been simplified from 33 chapters to 8 chapters in length. She specified that code revision will focus on making changes consistent with the Comprehensive Plan, making the revision multi - format and therefore more usable, and meeting today's development standards. She requested feedback from the committee specifically on Chapters 2 -5 but also invited questions and suggestions throughout the document. She asked the committee to consider the goals and base standards for each district. She requested input on landscaping, lighting, signage standards and allowable building materials for different districts. She also asked that they consider requirements for off - street parking and loading for commercial and industrial uses. In addition, the committee was asked to consider permitted or conditional uses by district and whether the categories are appropriate and standards reasonable. Schumann also suggested that the committee consider how properties maintain value and work to ensure that the revised code supports that. She noted that another emphasis of code revision would be to make it easier for small businesses to comply. The code enables more flexibility within existing uses and allows businesses to thrive without negatively impacting those around them. Under the new code there would be a single set of standards for both permitted and conditional use. New code would allow for alternative landscape or parking plan for greater flexibility. Revised sign ordinance and off street parking standards would be incorporated and grading, drainage, and erosion control components added. The new code would also include sections on solar energy and communication standards and how these fit into land use standards. Zoning standards for the CCD will be updated after planning for downtown is completed. A Business Campus District would be created to allow more commercial use services, which support industry. Roberts, Smith, Dahlheimer, Harris, and Tapper volunteered to work further with Schumann and the Zoning Steering Committee and provide a more detailed level of input in the next two weeks. There is a link to the draft on the city's website. Discuss future focus of IEDC: Barnett noted that the IEDC has been working primarily on a code revision focus and a business retention plan. She asked the committee to think about areas in which they'd like to provide leadership for the community. Smith suggested that the committee focus on the top three current priorities rather than many different projects. Gutzwiller agreed that the group should find something to focus on that makes a statement. Barnett pointed out that the IEDC was established from a resolution and needs to be included as a formal recommending body as part of the city code. Adjournment: MOTION BY DAHLHEIMER TO ADJOURN, SECONDED BY OLSON. MOTION CARRIED 11 -0. Meeting adjourned at 8:30 a.m. United States Office of Water EPA 833 -F -00 -007 Environmental Protection (4203) January 2000 (revised December 200 5) Agency Fact Sheet 2.5 VIVO Stormwater Phase II Final Rule Stormwater Phase II Final Rule Fact Sheet Series Overview 1.0 - Stormwater Phase II Final Rule: An Overview Small MS4 Program 2.0 - Small MS4 Stormwater Program Overview 2.1- Who's Covered? Designation and Waivers of Regulated Small MS4s 2.2- Urbanized Areas: Definition and Description Minimum Control Measures 2.3 — Public Education and Outreach 2.4 — Public Participation/ Involvement 2.5 — Illicit Discharge Detection and Elimination 2.6 — Construction Site Runoff Control 2.7 — Post - Construction Runoff Control 2.8 — Pollution Prevention /Good Housekeeping 2.9 — Permitting and Reporting: The Process and Requirements 2.10 — Federal and Slate- Operated MS4s: Program Implementation Construction Program 3.0- Construction Program Overview 3.1- Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No Exposure Exclusion for Industrial Activity Illicit Discharge Detection and Elimination Minimum Control Measure This fact sheet profiles the Illicit Discharge Detection and Elimination minimum control measure, one of six measures the operator of a Phase II regulated small municipal separate storm sewer system (MS4) is required to include in its stormwater management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sheet outlines the Phase II Final Rule requirements and offers some general guidance on how to satisfy them. It is important to keep in mind that the small MS4 operator has a great deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements. What Is An "Illicit Discharge "? Federal regulations define an illicit discharge as "...any discharge to an MS4 that is not composed entirely of Stormwater..." with some exceptions. These exceptions include discharges from NPDES- permitted industrial sources and discharges from fire- fighting activities. Illicit discharges (see Table 1) are considered "illicit' because MS4s are not designed to accept, process, or discharge such non - stormwater wastes. Why Are Illicit Discharge Detection and Elimination Efforts Necessary? Dischat-ges from MS4s often include wastes and wastewater from non- stormwater sources. A study conducted in 1987 in Sacramento, California, found that almost one -half of the water discharged from a local MS4 was not directly attributable to precipitation runoff. A significant portion of these dry weather flows were from illicit and /or inappropriate discharges and connections to the MS4. Table 1 Sources of Illicit Discharges Sanitary wastewater Effluent from septic tanks Car wash wastewaters Improper oil disposal Radiator flushing disposal Laundry wastewaters Spills from roadway accidents Improper disposal of auto and household toxics Illicit discharges enter the system through either direct connections (e.g., wastewater piping either mistakenly or deliberately connected to the storm drains) or indirect connections (e.g., infiltration into the MS4 from cracked sanitary systems, spills collected by drain outlets, or paint or used oil dumped directly into a drain). The result is untreated discharges that contribute high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, viruses, and bacteria to receiving waterbodies. Pollutant levels from these illicit discharges have been shown in EPA studies to be high enough to significantly degrade receiving water quality and threaten aquatic, wildlife, and human health. Fact Sheet 2.5 — Illicit Discharge Detection and Elimination Minimum Control Measure Page 2 What Is Required? Recognizing the adverse effects illicit discharges can have on receiving waters, the Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement and enforce an illicit discharge detection and elimination program. This program must include the following: ❑ A storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; ❑ Through an ordinance, or other regulatory mechanism, a prohibition (to the extent allowable under State, Tribal, or local law) on non - stormwater discharges into the MS4, and appropriate enforcement procedures and actions; ❑ A plan to detect and address non - stormwater discharges, including illegal dumping, into the MS4; ❑ The education of public employees, businesses, and the general public about the hazards associated with illegal discharges and improper disposal of waste; and ❑ The determination of appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Some program implementation approaches, BMPs (i.e., the program actions /activities), and measurable goals are suggested below. Does This Measure Need to Address All Illicit Discharges? No. The illicit discharge detection and elimination program does not need to address the following categories of non - stormwater discharges or flows unless the operator of the regulated small MS4 identifies them as significant contributors of pollutants to its MS4: ❑ 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; ❑ Irrigation water; ❑ Springs; ❑ Water from crawl space pumps; ❑ Footing drains; ❑ Lawn watering; ❑ Individual residential car washing; ❑ Flows from riparian habitats and wetlands; ❑ Dechlorinated swimming pool discharges; and ❑ Street wash water. What Are Some Guidelines for Developing and Implementing This Measure? The objective of the illicit discharge detection and elimination minimum control measure is to have regulated small MS4 operators gain a thorough awareness of their systems. This awareness allows them to determine the types and sources of illicit discharges entering their system; and establish the legal, technical, and educational means needed to eliminate these discharges. Permittees could meet these objectives in a variety of ways depending on their individual needs and abilities, but some general guidance for each requirement is provided below. The Mao The storm sewer system map is meant to demonstrate a basic awareness of the intake and discharge areas of the system. It is needed to help determine the extent of discharged dry weather flows, the possible sources of the dry weather flows, and the particular waterbodies these flows may be affecting. An existing map, such as a topographical map, on which the location of major pipes and outfalls can be clearly presented demonstrates such awareness. EPA recommends collecting all existing information on outfall locations (e.g., review city records, drainage maps, storm drain maps), and then conducting field surveys to verify locations. It probably will be necessary to walk (i.e., wade through small receiving waters or use a boat for larger waters) the streambanks and shorelines for visual observation. More than one trip may be needed to locate all outfalls. Legal Prohibition and Enforcement EPA recognizes that some permittees may have limited authority under State, Tribal or local law to establish and enforce an ordinance or other regulatory mechanism prohibiting illicit discharges. In such a case, the permittee is encouraged to obtain the necessary authority, if possible. The Plan The plan to detect and address illicit discharges is the central component of this minimum control measure. The plan is dependant upon several factors, including the permittee's available resources, size of staff, and degree and character of its illicit discharges. As guidance only, the four steps of a recommended plan are outlined below: Fact Sheet 2.5 — Illicit Discharge Detection and Elimination Minimum Control Measure Page 3 0 Locate Problem Areas EPA recommends that priority areas be identified for detailed screening of the system based on the likelihood of illicit connections (e.g., areas with older sanitary sewer lines). Methods that can locate problem areas include: visual screening; water sampling from manholes and outfalls during dry weather; the use of infrared and thermal photography, cross - training field staff to detect illicit discharges, and public complaints. 0 Find the Source Once a problem area or discharge is found, additional efforts usually are necessary to determine the source of the problem. Methods that can find the source of the illicit discharge include: dye- testing buildings in problem areas; dye- or smoke - testing buildings at the time of sale; tracing the discharge upstream in the storm sewer; employing a certification program that shows that buildings have been checked for illicit connections; implementing an inspection program of existing septic systems; and using video to inspect the storm sewers. ® Remove /Correct Illicit Connections Once the source is identified, the offending discharger should be notified and directed to correct the problem. Education efforts and working with the discharger can be effective in resolving the problem before taking legal action. 0 Document Actions Taken As a final step, all actions taken under the plan should be documented. This illustrates that progress is being made to eliminate illicit connections and discharges. Documented actions should be included in annual reports and include information such as: the number of outfalls screened; any complaints received and corrected; the number of discharges and quantities of flow eliminated; and the number of dye or smoke tests conducted. Educational Outreach The Center for Watershed Protection and Robert Pitt (2004) researched the most cost - effective and efficient techniques that can be employed to identify and correct inappropriate discharges. Data from Montgomery County, Maryland, was analyzed and it was determined that staff identify and correct about six inappropriate discharges per year as a result of regular screening. By contrast, over 185 inappropriate discharges are corrected each year in Montgomery County as a direct result of citizen complaints and calls to a storm water compliant hotline. Public education and labeling of outfalls and other storm drain infrastructure is an important element of establishing a successful citizen hotline. Outreach to public employees, businesses, property owners, the general public, and elected officials regarding ways to detect and eliminate illicit discharges is an integral part of this minimum measure. Suggested educational outreach efforts include: • Developing informative brochures, and guidances for specific audiences (e.g., carpet cleaning businesses) and school curricula; • Designing a program to publicize and facilitate public reporting of illicit discharges; • Coordinating volunteers for locating, and visually inspecting, outfalls or to stencil storm drains; and • Initiating recycling programs for commonly dumped wastes, such as motor oil, antifreeze, and pesticides. What Are Appropriate Measurable Goals? Measurable goals, which are required for each minimum control measure, are intended to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, should reflect the needs and characteristics of the operator and the area served by its .small MS4. Furthermore, they should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. EPA has developed a Measurable Goals Guidance for Phase II MS4s that is designed to help program managers comply with the requirement to develop measurable goals. The guidance presents an approach for MS4 operators to develop measurable goals as part of their stormwater management plan. For example, an MS4 could establish a measurable goal of responding to all complaints received by the citizen complaint hotline within 24 hours to minimize water quality impacts or recurrent dumping. A complaint tracking system could be used to log response and enforcement activity. The educational outreach measurable goals for this minimum control measure could be combined with the measurable goals for the Public Education and Outreach minimum control measure (see Fact Sheet 23). Sources Center for Watershed Protection and R. Pitt. 2004. Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments. Center for Watershed Protection, Ellicott City, MD, and University of Alabama, Birmingham, AL. Fact Sheet 2.5 — Illicit Discharge Detection and Elimination Minimum Control Measure Page 4 Maryland Department of the Environment, Water Management Administration. 1997. Dry Weather Flory and Illicit Discharges in Maayland Storm Drain Systems. Baltimore, Maryland, U.S. EPA Office of Water. 1993. Investigation of Inappropriate Pollutant Entries into Storm Drainage Systems: A User's Guide. EPA/600 /R -92/23 8. Washington, D.C. Wayne County Rouge River National Wet Weather Demonstration Project. 1997. Guidance for Preparing a Program for the Elimination oflllicit Discharges. Wayne County, Michigan. For Additional Information Contacts ¢� U.S. EPA Office of Wastewater Management http://www.ei)a.gov/ni3des/stormwater Phone: 202 -564 -9545 O' Your NPDES Permitting Authority. Most States and Territories are authorized to administer the NPDES Program, except the following, for which EPA is the permitting authority: Alaska District of Columbia Idaho Massachusetts New Hampshire New Mexico American Samoa Guam Johnston Atoll Midway and Wake Islands Northern Mariana Islands Puerto Rico Trust Territories n�i' A list of names and telephone numbers for each EPA Region and State is located at http: / /www.epa.gov/ nodes / stormwater (click on "Contacts "). Reference Documents ON' EPA's Stormwater Web Site http://www.et)a.gov/ni)des/stormwater • Stormwater Phase II Final Rule Fact Sheet Series • Stormwater Phase II Final Rule (64 FR 68722) • National Menu of Best Management Practices for Stormwater Phase II • Measurable Goals Guidance for Phase Il Small MS4s • Stormwater Case Studies • And many others PW Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments http: / /www.ewp.org/idde verifv.htm CHAPTER 5 ILLICIT DISCHARGE, DETECTION AND ELIMINATION ORDINANCE SECTION: 7- 5 -2(a): Purpose and Intent 7- 5 -2(b): Definitions 7- 5 -2(c): Applicability 7- 5 -2(d): Responsibility for Administration 7- 5 -2(e): Severability 7- 5 -2(f): Ultimate Responsibility 7- 5 -2(g): Prohibitions 7- 5 -2(h): Suspension of MS4 Access 7- 5 -2(i): Industrial or Construction Activij 7- 5 -20): Monitoring of Discharges 7- 5 -2(k): Requirement to Prevent, Control, the use of Best Management Prai 7- 5 -2(1): Watercourse Protection 7- 5 -2(m): Notification of Spills 7- 5 -2(n): Enforcement 7- 5 -2(o): Appeal of Notice of Vir7lation 7- 5 -2(p): Enforcement Measures AfteY App 7- 5 -2(q): Cost of Abatement of the Violati'o 7- 5 -2(r): Injugcttve Relief 7- 5 -2(s): Col?pensatory Action 7- 5 -2(t): Violations Doe'' rr6o A Public Nui 7- 5 -2(u): Criminal Prose"on and Reduce Storm Water Pollutants by PURPOSh,AND INTENT: The purpose of this ordinance is provide for the health, suety, and general welfare of the citizens of Monticello through the t6gulation4 non -storm water discharges to the storm drainage system to the rn`:aximum extent practicable as required by federal and state lawn 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) pennit 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 7- 5 -2(b): (C) To establish legal authority to carry out all inspection, surveillance, enforcement, and monitoring procedures necessary to ensure compliance with this ordinance. DEFINITIONS: 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 th's ordinance. BEST MANAGEMENT PR prohibitions of practices, get prevention and educational I management practices to pre directly or indirectly to stom conveyance systems. BMPs procedures, and practices to water disposal, oY drainage from CLEAN WATER C. § 125, 11 et seq.), not and schedules of activities, ping practices, pollution ce "s, maintenaneeprocedures, and other or reduce the discharge of pollutants ;r, receiving waters, or'stormwater cent practices,, operating spillage or leaks, sludge or storage. i Control Act (33 U.S. thereto. ities; subject to the NDPES include construction projects or more. Such activities include but grading, excavating, and HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration y or physical, chemical, or infectious characteristics may cause, or sigiiiHFantly contribute to, a substantial present or potential haz rd to huffidit health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise ILLICIT DISCHARGE: Any direct or indirect non -stone water discharge to the stone drain system, except as exempted in Section 7 of this ordinance. ILLICIT CONNECTIONS: An illicit connection is defined as either of the following: 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, Any drain or conveyance comiected 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 1211 .26 (b) (14). MUNICIPAL SEPARATE STORM SEWER SXr4TEM (MS4): A stormwater conveyance or unified stonnwater convpyance system (including without limitation: roads with drainage systems, municipal streets, catch basins, stonnwater detention facilities, ombs, grrtters, ditches, natural or man-made channels, or storm drains), that: (A) Is located within the corporate limits of Monticello, MN; and (B) Is owned or operated by the State, "County, the City, or" other public body; and (C) Discharges to Waters ofthe State and /or United States, excluding 1, 11 publicly owned treatmeht'works, and lawful connections thereto, in turn turn discharge into the Waters of?the State and /or United ELIMINATION SYSTEM nent enforced pursuant to the s of regulating storm water NON -STORM WATER DISCHARGE: Any discharge to the storm drain system that is not comp6§ed entirely of storm water. any individual, association, organization, partnership, or other entity recognized by law and acting as either 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 coliforn and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that 7- 5 -2(c): 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: storm water is collected and /or cc roads with drainage systems, mur storm drains, pumping facilities, i and human -made or altered drain drainage structures. STORMWATER: Any sur entirely of water from any such nrecinitation. . STORMWATER document which c rd facilities by which ling but not limited to any gutters, curbs, inlets, piped letention basins, natural - eservoirs. and other runoff, and from PLAN (SWPPP): A Practices and activities to be implemented by a person or business to identify sources of pollution or contalrtination at a site apd the 19, 0 q s to elimis ate or reduce pollutant diseharQes anti /or Receivine Waters to the'Maximum Extent Practicable. WASTEWATER:any water or other liquid, other than uncontaminated WATERS OF TIDE STATE AN,p /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 accumulation$ fir 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. APPLICABILITY: This ordinance shall apply to all water entering the stonn drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 7- 5 -2(d): RESPONSIBILTY FOR ADMINSTRATION: 7- 5 -2(e): 7- 5 -2(f) 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. SEVERABILITY: The provisions of this ordinance are hereby any provision, clause, sentence, or application thereof to any person, i held invalid, such invalidity shall r applications of this Ordinance. ULTIMATE The standards set forth are minimum standard: that compliance by a4) contamination, pollutic, 7- 5 -2(g): PROHIBITIONS: Prohibition of Illicit Di No person shall dlscha 11 storm drain �y §tem or limited to pollutants or 11 contribute to a violatio storm water. The commencement o4 drain system isprohibi will tared to be severable. If 'this Ordinance or the or circumstances shall be other provisions or pursuant to this ordinance ;e does not into "r4,0 nor imply there will be no" of pollutants. or cause to be discharged into the municipal rcour I es any materials, including but not ters cohldining any pollutants that cause or "applicable water quality standards, other than atinuance of any illicit discharge to the storm except as described as follows: 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. 7- 5 -2(h): (B) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. (C) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test. (D) The prohibition shall not apply to any non -stonn 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 and provided that written ap discharge to the storm drain (A) The construction, 1 connections to the (B) This prohibition e, connectidns made in the past, was permissible under law or the time of connection. : A nerson is considered to!be i [cable laws and regulations, been granted for any or continued'' existence of illicit is s of whether the connection applicable or prevailing at .his ordinance if the the MS4, or allows The City of Monticello may, without prior notice, suspend MS4 discharge access to aperson 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 totbe 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. 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 7- 5 -2(i) 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. 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- 5 -20): MONITORING OF A. Applicability This section applies associated with ind B. Access to Facilil (B) facilities that have storm water discharg activity, including construction activity. of Mopticello shall be perinitted to enter and inspect subject t''regulation under this ordinance as often as ecessary to determine compliance with this ordinance. arger has security measures in force which require entifi*9P and clearance before entry into its the discharger shall make the necessary arrangements 4ecess to representatives of the authorized 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. (C) 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. (D)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 stornwater flow and quality shall be calibrated to ensure their accuracy. (E) 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. (F) 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 access to the pern any activity authc (G) If the City of Mo the premises fror is able to demons be a violation of this ( inspeet and/,or sample r required by has been refu; stornwater is agency reasonable )ose of conducting ordinance. muse to belieu or that there is a routine inset to any part of d, and he /she hat there may ieed to on 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 authgrized enforcement agehcy may seek issuance of a search warrant from any court of competent jurisdiction. 7- 5 -2(k): REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT The City of Monticello will adopt requirements identifying Best Management Practiees;for any activity, operation, or facility which may cause or contribute to po`ilution 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 7- 5 -2(1): 7- 5 -2(m): be part of a stornwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. 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 NOTIFICATION OF Notwithstanding other requ responsible for a facility or response for a facility or suspected release of mats discharges or polhitants r system, or water of the S necessary steps to ensuft notify of law, as soon as any person i, or responsible for emergent 1 of any known or or may result in illicit water, the storm drain es said person shall take all anent, and cleanup of such lour materials said person aencies of the occurrence ,mergency dispatch serviccs'' In the event of a release of non - idous materials, said perSott,shall notify the authorized enforcement cy in jiersotr &J) yphone or facsimile no later than the next business Notifroati -' in p'ersop or by phone shall be confirmed by written ;e addressed and mailed to the Public Works Director, City of 1tice)lo,,withm tlxree business days of the phone notice. If the zarge of ohibited,,materials emanates from a commercial or strial establishrment, the owner or operator of such establishment shall retain anoi -site written record of the discharge and the actions taken 'event its recurrence. Such records shall be retained for at least three 7- 5 -2(n): ENFORCEMENT: A. 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 7- 5 -2(0): enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (A) Monitoring, analyses, and reporting; (B) Elimination of illicit connections or discharges; (C) Abatement of pollution and hazards; (D) Restoration of affected property; (E) Payment of fine to cover administrative and remediation costs; (F) Implementation of source control or treatment BMPs; and (G) Other actions as deemed necessary by the City. If abatement of a violation and /or n required, the notice shall set forth a remediation or restoration must be advise that, should the violator fail . established deadline, the work will: agency or a contractor and the pxpe violator. APPEAL OF NOTICE OF Any person receivi of the authorized e received within 14 the of affected property is within which such 1, Said notice shall further a tetor restore within the done by a designated govermnental thereof shall be chareed to the 4iop.may appeal the determination The notice of appeal must be the date of the Notice of Violation. prate authority or his /her designee s frpm:the date of receipt of the runicipal authority or their designee 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 , the debisGion of the municipal authority upholding the decision of th'& �huthorized 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- 5 -2(q): 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- 5 -2(r): 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;Die person from, activities which would create further violations or compelling the person toperform abatement or remediation of the 7- 5 -2(s): COMPENSATORY ACTION: 7- 5 -2(t): 7- 5 -2(u): In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the authorized enforcement agency may impose upon violator alternative compensatory actions, sdch as storm drain stenciling, attendance atceomroliance Workshops, creek cleanup, etc. In addition to the enforcement of processes and penalties provided, any condition caused or per5mitted to 'exist in violation of any of the provisions of thra 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 violators expense, and /or a civil action to abate, enjoin, or otherwise compel the Cessation of such nuisance may be taken. Any person that has violated or continues to violate this ordinance shall be liable tol'8 im' inal prosecution to the fullest extent of the law. 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- 5 -2(v): 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- 5 -2(w): ADOPTION OF ORDINANCE: All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. PASSES AND ADOPTED this day of 20_, by the following vote: