To promote the health, safety and general welfare of the citizens of the city by requiring illicit discharge and illicit connection management practices for all discharge activities.

These regulations are adopted pursuant to M.S.A. § 462.351.

The city hereby finds that non-stormwater discharges to the city's municipal separate storm sewer system (MS4) are subject to higher levels of pollutants which enter receiving water bodies adversely affecting the public health, safety and general welfare by impacting water quality, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control and other community services.

The purpose of this section is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by non-stormwater discharges by regulating illicit discharges and connections that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land. This section prohibits illicit discharges and connections to the city's MS4.

A.

No person shall throw, deposit, place, leave, maintain, or keep any substance upon any street, alleyway, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility.

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 natural conveyance.

C.

A pet owner or keeper shall immediately and properly dispose of the solid waste deposited by their pet on any property, public or private, that is not owned or permanently occupied by that person or keeper.

D.

If not stored entirely indoors, salt and other deicing materials must be stored on an impervious surface and covered at all times. Additionally, practices must be implemented to reduce exposure (e.g. sweeping, diversions, and/or containment) when transferring salt or other deicing materials in the city.

(Ord. No. 11-2023, § 3, 10-16-2023)

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-stormwater that is authorized by an NPDES permit obtained from the MPCA or a federal agency;

2.

Is associated with fire fighting activities or other activities necessary to protect public health and safety; or

3.

Is one of the following exempt discharges: water line flushing or other potable water sources, landscaping 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 pollutants.

B.

Dye testing is an allowable discharge, but requires a verbal notification to the public services director at least two business days prior to the time of the test.

C.

No person shall use any illicit connection to intentionally convey non-stormwater to the city's storm sewer system.

D.

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.

E.

A person is considered to be in violation of this section if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue.

(Ord. No. 02-2017, § 8, 2-21-2017)

Any owner or occupant of property within the city shall comply with the following good housekeeping 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.

1.

Individual septic systems must be maintained 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 should not be discharged in an area where drainage to streets or storm sewer system may occur.

3.

For pools, water should be allowed to sit seven days without the addition of chlorine to allow for chlorine to evaporate before discharge.

4.

Mobile washing companies (carpet cleaning, mobile vehicle washing, etc.) shall dispose of wastewater to the sanitary sewer. Wastewater should not be discharged where drainage to streets or storm system may occur.

B.

Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provisions of City Codes.

C.

Storage of materials, machinery and equipment:

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.

D.

Debris and residue shall be removed, as noted below:

1.

All motor vehicle parking lots and private streets shall be swept, at a minimum of 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 materials, 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.

Any person subject to an industrial activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city prior to the following discharges to the storm sewer system. All facilities that have stormwater discharges associated with industrial activity must adhere to the following guidelines:

A.

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 storm sewer system. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

Notwithstanding other requirements of law, as soon as any 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, or water of the state, said person shall take all necessary steps to ensure the discover, 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.

A.

The city shall be permitted to enter and inspect all structures as often as may be necessary to determine compliance with this section.

B.

Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, dye testing, examination and copying of records that relate to the discharge of stormwater.

C.

The city shall have the right to set up at any structure, such devices as are necessary to conduct monitoring, sampling and/or dye testing of the facility's stormwater discharge.

D.

The city has the right to require the discharger or property owner to install monitoring equipment as necessary.

E.

Unreasonable delays in allowing the city access to a facility is a violation of this section.

F.

If the city has been refused access to any part of the premises from which stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this section, 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 section or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.

A.

Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend storm sewer system 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 storm sewer system 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 waters of the state, or to minimize danger to persons.

B.

Suspension due to the detection of illicit discharge. Any person discharging to the storm sewer system in violation of this section may have their storm sewer system access terminated if such termination would abate or reduce an illicit discharge. A person commits an offense if the person reinstates storm sewer system access to premises terminated pursuant to this section, without the prior approval of the city.

A.

Public health and safety hazard. The failure to comply with the provisions of this section constitutes a hazard to the public health and safety.

B.

Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

1.

The performance of monitoring, analyses and reporting;

2.

The elimination of illicit connections, discharges, or pet waste;

3.

That violating discharges, practices, or operations shall cease and desist;

4.

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

5.

Payment of a fine to cover administrative and remediation costs;

6.

The implementation of source control or treatment BMPs; and

7.

The installation of proper salt storage facilities and implementation of proper salt handling procedures.

C.

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.

D.

If the bill received for abatement and/or restoration is not paid within 30 days, the city may draw the amount of the bill from any financial guarantees the city may hold or may assess the property from which the offense originated. After notice and hearing as provided pursuant to M.S.A. § 429.061, the city council may then spread the charges against the property benefited as a special assessment under M.S.A. § 429.101 for certification to the county auditor and collection along with the current taxes the following year or in annual installation not exceeding ten years as the council may determine in each case.

(Ord. No. 11-2023, § 4, 10-16-2023)

The offending party may be issued an administrative citation for the unsatisfactory condition at the time written notice of violation is given. The city may also enforce M.S.A. § 169.42 with the maximum penalty for a misdemeanor as prescribed by law.

The provisions of this section are severable. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect with the invalid provisions or application.