HomeMy WebLinkAboutOrdinance No. 4337 - Second Reading: Create Ord. 146A.IllicitDischarge&StormWaterDischarge
ORDINANCE NO. _____
AN ORDINANCE CREATING AND ENACTING SECTIONS 146A.91,
146A.92, 146A.93, AND 146A.94, AND AMENDING AND
REENACTING SUBDIVISION 2 OF SECTION 146A.01 AND
SECTION 146A.02, RELATING TO STORM WATER DISCHARGE.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Section 146A.091 of the Rochester Code of Ordinances is hereby created
and enacted to read as follows:
146A.091. Stormwater Management Plan Approval Standards. The Public Works
Director shall not approve a stormwater management plan which fails to meet the
standards set forth in state and federal regulations and other applicable City standards
and regulations. Every applicant for a permit to allow land disturbing activities of one
acre or greater, including projects that are less than one acre that are part of a larger
common plan of development or sale, must meet the requirements of this ordinance and
the standards set forth in the Land Development Manual.
Section 2. Section 146A.092 of the Rochester Code of Ordinances is hereby created
and enacted to read as follows:
146A.092. Stormwater Management Plan Review. When any land disturbance project
or a series of projects will disturb less than one acre of land, the Public Works Director
shall determine if a stormwater management plan is required, and what submittals, if
any are required.
Section 3. Section 146A.093 of the Rochester Code of Ordinances is hereby created
and enacted to read as follows:
146A.093. Stormwater Management Plan Submittal Requirements. A written
application for stormwater management plan approval, along with a proposed
stormwater management plan, shall be submitted to the Public Works Director per the
requirements of the Land Development Manual.
Section 4. Section 146A.094 of the Rochester Code of Ordinances is hereby created
and enacted to read as follows:
146A.094. Stormwater Management Criteria for Permanent Facilities and BMPs. New
development and redevelopment projects with land disturbance of one acre or greater,
including projects less than one acre that are part of a larger common plan of
development or sale, must include stormwater management BMPs in the stormwater
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management plan. Permanent stormwater control facilities included as part of the final
design for land development and redevelopment shall be addressed in the stormwater
management plan and shall meet the following to the maximum extent practicable
(MEP).
A. Post-construction Stormwater Management must incorporate any
combination of BMPs, with the highest preference given to green infrastructure
techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting,
conservation design, urban forestry, green roofs, etc.), necessary to meet the
following conditions on the site of a construction activity to the maximum extent
practicable (MEP).
(1) New development projects: No net increase from pre-project
conditions (on an annual average basis) of:
a) Stormwater discharge volume, unless precluded by the
stormwater management limitations in subsection B below.
b) Stormwater discharges of Total Suspended Solids (TSS).
c) Stormwater discharges of Total Phosphorus (TP).
(2) Redevelopment projects: A net reduction from pre-project
conditions (on an annual average basis) of:
a) Stormwater discharge volume, unless precluded by the
stormwater management limitations in subsection B below.
b) Stormwater discharges of TSS.
c) Stormwater discharges of TP.
B. Stormwater Management Limitations: Infiltration is prohibited when the
infiltration structural stormwater BMP will receive discharge from, or be
constructed in the following areas:
(1) Where industrial facilities are not authorized to infiltrate industrial
stormwater under an NPDES/SDS Industrial Stormwater permit
issued by the MPCA.
(2) Where vehicle fueling and maintenance occur.
(3) With less than three (3) feet of separation distance from the
bottom of the infiltration system to the elevation of the seasonally
saturated soils of the top of bedrock.
(4) Where high levels of contaminants in soil or groundwater will be
mobilized by the infiltrating stormwater.
C. Stormwater Management Restrictions: Infiltration is restricted, without
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higher engineering review, sufficient to provide a functioning treatment system
and prevent adverse impacts to groundwater, when the infiltration device will be
constructed in the following areas:
(1) With predominately Hydrologic Soil Group D (clay) soils.
(2) Within 1,000 feet up-gradient, or 100 feet down-gradient of active
karst features.
(3) Within a Drinking Water Supply Management Area (DWSMA) as
defined in Minn R. 4720.5100, subp. 13.
(4) Where soil infiltration rates are more than 8.3 inches per hour.
D. Linear Projects: When a lack of right-of-way precludes the installation of
volume control practices that meet the conditions for post-construction
stormwater management, a reasonable attempt must be made and documented
to obtain right-of-way during the project planning process.
E. Stormwater Management Exceptions: The City may allow for lesser
volume control on the site of the original construction activity only under the
following circumstances:
(1) The owner and/or operator of a construction activity is precluded
from infiltrating stormwater through a designated system due to any of the
infiltration related limitations described above in subsection B.
(2) The owner and/or operator of a construction activity implements to
the MEP, volume reduction techniques, other than infiltration, (e.g.,
evapotranspiration, reuse/harvesting, conservation design, green roofs,
etc.) on the site of the original construction activity that reduces
stormwater discharge volume, but may not meet the conditions of post-
construction stormwater management in subsection A above.
Section 5. Subdivision 2 of Section 146A.01 is hereby amended and reenacted to read
as follows:
Subd. 2. The objectives of this ordinance are:
A. To regulate the introduction of pollutants to the storm water
system by any user;
B. To prohibit illicit connections and illegal discharges to the storm
water system; and
C. To establish legal authority to carry out all access, permitting
inspection, surveillance, monitoring, and enforcement
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procedures necessary to ensure compliance with this ordinance.
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Section 6. Section 146A.02 is hereby amended and reenacted to read as follows:
146A.02. Definitions. Subdivision 1. For the purposes of this ordinance, the
following shall mean:
Subd. 2. Best Management Practices (BMPs). A BMP is a method or technique that
has consistently shown management results superior to those achieved with other
means. In addition, a "best" practice can evolve to become better as improvements are
discovered. BMPs include schedules of activities, prohibitions of practices, pollution
prevention and educational practices, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants directly or indirectly to storm
water, receiving waters, or storm water 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.
Subd. 3. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), and any subsequent amendments thereto.
Subd. 4. Development. Any land disturbance activity that changes the site’s
characteristics in conjunction with residential, commercial, industrial or institutional
construction or alteration.
Subd. 5. Construction Activity. Activities include construction projects resulting in
land disturbance. Such activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition.
Subd. 6. 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.
Subd. 7. Illegal Discharge. Any direct or indirect non-storm water discharge to the
storm sewer system, except as exempted in section 146A.08 of this ordinance.
Subd. 8. Illicit Connections. An illicit connection is either of the following:
A. Any drain or conveyance, whether on the surface or subsurface, that
allows an illegal discharge to enter the storm sewer system including
but not limited to any conveyances that allows any non- storm water
discharge including sewage, process wastewater, and wash water to
enter the storm sewer system and any connections to the storm sewer
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system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved by
the City; or
B. Any drain or conveyance connected from a commercial or industrial
land use to the storm sewer system that has not been documented in
plans, maps, or equivalent records and approved by the City.
Subd. 9. Industrial Activity. Activities subject to NPDES Industrial Storm Water
Permits as defined in 40 CFR, Section 122.26 (b) (14).
Subd. 10. Municipal Separate Storm Sewer System (MS4). The conveyance or
system of conveyances ditches, man-made channels, or storm drains:
Owned or operated by a state, city, town, county, district, association, or
other public body, created by or pursuant to state law, having jurisdiction over
disposal of sewage, industrial wastes, storm water, or other wastes, including
special districts under state law such as a sewer district, flood control district, or
drainage district or similar entity, or an Indian tribe or an authorized Indian
tribe organization, or a designated and approved management Agency under
section 208 of the federal Clean Water Act, United States Code, title 33, section
1288, that discharges into waters of the state;
A. Designed or used for collecting or conveying storm water;
B. That is not a combined sewer;
C. That is not part of a publicly owned treatment works as defined in
40 CFR § 122.2; and
D. Municipal separate storm sewer systems do not include separate
storm sewers in very discrete areas, such as individual buildings.
(Minn. R. 7090.0080, subp. 8).
Subd. 11. National Pollutant Discharge Elimination System (NPDES) Storm Water
Discharge Permit. means a permit issued by EPA (or by a State under authority
delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants
to waters of the United States, whether the permit is applicable on an individual, group,
or general area-wide basis.
Subd. 12. New Development. All construction activity that is not defined as
redevelopment.
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Subd. 13. Non-Storm Water Discharge. Any discharge to the storm sewer system
that is not composed entirely of storm water.
Subd. 14. Notice of Violation (NOV). Written notification that documents and
communicates violations observed during an inspection to the business or individual.
Subd. 15. Person. 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.
Subd. 16. Pollutant. Anything that causes or contributes to pollution, that when
discharged, have the potential to do any of the following:
A. Interfere with state designated water uses;
B. Obstruct or cause damage to Waters of the State;
C. Change water color, odor, or usability as a drinking water source
through causes not attributable to natural processes affecting
surface water or groundwater;
D. Add an unnatural surface film on the water;
E. Adversely change other chemical, biological, thermal, or physical
condition, in surface water or groundwater; or
F. Harm human life, aquatic life, or terrestrial plant and wildlife.
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,
ammunition ordinances, and accumulations, so that same may cause or contribute
to pollution; floatables; pesticides, herbicides, and fertilizers; 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.
Subd. 17. Pollute. The discharge of pollutants.
Subd. 18. Pollution. The direct or indirect discharge of pollutants.
Subd. 19. Precipitation. A deposit on the earth of hail, mist, rain, sleet, or snow;
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also, the quantity of water deposited.
Subd. 20. Premises. Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Subd. 21. Redevelopment. Any construction activity where, prior to the start of
construction, the areas to be disturbed have 15 percent or more of impervious surface(s).
Subd. 22. Sanitary Sewer System. The system of underground pipes that convey
human wastewater from residential, commercial, industrial, institutional, and other
buildings to Rochester’s Water Reclamation Plant for treatment.
Subd. 23. Storm Water. Any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such precipitation.
Subd. 24. Watercourse. Any channel having definable beds and banks capable of
conducting generally confined runoff from adjacent lands. During floods water may leave
the confining beds and banks but under low and normal flows water is confined
within the channel. A watercourse may be perennial or intermittent and natural or
artificially constructed. A watercourse includes all public waters.
Subd. 25. Waters of the United States. As defined in 33 U.S.C. §1251 et seq.
(1972) and as amended from time to time.
Section 6. This ordinance shall take effect from and after the date of its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
__________________________________
MAYOR OF SAID CITY
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(Seal of the City of
Rochester, Minnesota)
Ord146a.01.doc
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