The purpose of this chapter is to control or eliminate storm water pollution along with soil erosion and sedimentation within the city that would diminish threats to public health, safety, public and private property and natural resources of the community. It establishes standards and specifications for conservation practices and planning activities, which minimize storm water pollution, soil erosion and sedimentation.

(Ord. 128, passed 2-8-00; Am. Ord. 0802, passed 3-11-08)

   (B)   The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, 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. In addition, extraordinary public expenditures may be required for the protection of persons and property in such areas and in areas that may be affected by unplanned land usage.

(Ord. 0802, passed 3-11-08)

   Except where a variance is granted, any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision proposing a land disturbance activity within the city shall apply to the city for the approval of the storm water pollution control plan. No land shall be disturbed until the plan is approved by the city and conforms to the standards set forth herein.

(Ord. 128, passed 2-8-00)

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” and “must” are always mandatory and not merely directive.

   APPLICANT. Any person or entity that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. APPLICANT also means that person’s agents, employees and others acting under that person’s direction.

   BEST MANAGEMENT PRACTICES. (BMP’S) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. (Examples of BMP’s can be found in the current versions of the Minnesota Pollution Control Agency’s, “Protecting Water Quality in Urban Areas,” and the same agency’s “Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands,” the United States Environmental Protection Agency’s, “Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices,” (as a reference for BMP’s) and the Minnesota Department of Transportation’s, “Erosion Control Design Manual.”) BMP’s also include treatment practices and operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal and drainage from raw materials storage.

   CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.

   DETENTION FACILITY. A permanent natural or manmade structure, including wetlands, for the temporary storage of runoff that contains a permanent pool of water.

   DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity.

   DISCHARGE. The conveyance, channeling, runoff, or drainage, of storm water, including snow melt, from a construction site.

   ENERGY DISSIPATION. This refers to methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions that are designed to prevent erosion.

   EROSION. Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature.

   EROSION CONTROL. Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.

   EROSION AND SEDIMENT PRACTICE SPECIFICATIONS OR PRACTICE. The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the either the city of local watershed group, whichever is more stringent.

   EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (including trees, shrubs, and brush) has been removed. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site.

   FILTER STRIPS. A vegetated section of land designed to treat runoff as overland sheet flow. They may be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated cover facilitates pollutant removal and infiltration.

   FINAL STABILIZATION. All soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 75% of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been employed.

   FLOOD FRINGE. The portion of the floodplain outside of the floodway.

   FLOODWAY. The channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplains that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood.

   HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

   HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

   IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.

   LAND DISTURBANCE ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city’s jurisdiction, including clearing and grubbing, grading, excavating, transporting and filling of land. Land disturbance activity does not mean:

      (1)   Minor land disturbance activities such as home gardens and individuals home landscaping, repairs, and maintenance work.

      (2)   Construction, installation, and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,000 square feet of land disturbance can be anticipated.

      (3)   Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural crops.

      (4)   Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

      (5)   Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have required an approved erosion and sediment control plan, except for the emergency, then the land area disturbed must be shaped and stabilized in accordance with the city’s requirements.

   PERMANENT COVER. “Final Stabilization.” Examples include grass, gravel, asphalt, and concrete.

   PAVED SURFACE. A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots.

   REGIONAL FLOOD. A flood that is representative of large floods know to have occurred generally in the state and reasonably characteristic of what can be expected in a 100-year flood occurrence.

   RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of stormwater runoff by means of a permanent pool of water.

   RUNOFF COEFFICIENT. The average annual fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff.

   SEDIMENT. The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth’s surface either above or below water level.

   SEDIMENTATION. Sedimentation means the process or action of depositing sediment caused by erosion.

   SEDIMENT CONTROL. The methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins.

   SOIL. The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this document stockpiles of sand, gravel, aggregate, concrete or bituminous materials are not considered “soil” stockpiles.

   STABILIZED. The exposed ground surface after it has been covered by sod, erosion control blanket, rip rap, or other material that prevents erosion from occurring. Grass seed is not considered stabilization.

   STORM WATER. The precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage.

   STORM WATER POLLUTION CONTROL PLAN. A joint storm water and erosion and sediment control plan that is a document containing the requirements of §§ 152.15 through 152.24 that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution and sediment damages.

   STRUCTURE. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas.

   TEMPORARY PROTECTION. The methods employed to prevent erosion. Examples of such protect include; straw, mulch, erosion control blankets, wood chips, and erosion netting.

   URBAN. Of, relating to, characteristic of, constituting a city.

   VEGETATED OR GRASSED SWALES. A vegetated earthen channel that conveys storm water, while treating the storm water by biofiltration. Pollutants are removed by both filtration and infiltration.

   WATERS OF THE STATE. As defined in M.S. § 115.01, subdivision 22 the term “. . . waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.”

   WET DETENTION FACILITY. A permanent man-made structure for the temporary storage of runoff that contains a permanent pool of water.

   WETLANDS. As defined in Minnesota Rules 7050.0130, subpart F “. . . wetlands" are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes:

      (1)   A predominance of hydric soils;

      (2)   Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and

      (3)   Under normal circumstances support a prevalence of such vegetation.

   A quick reference of what is an existing identified wetland is the National Wetlands Inventory maps distributed by the U.S. Department of the Interior’s Fish and Wildlife Service. They list most, but not necessarily all wetlands.

(Ord. 128, passed 2-8-00; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1201, passed - -)

   (A)   Securities; form of. The applicant shall provide security for the performance of the work described and delineated on the approved grading plan involving the storm water pollution control plan and any storm water and pollution control plan related remedial work in an amount of $3,000 per gross acre or $1,000 for each single or twin family home, whichever is greater. This security must be submitted to the city prior to commencing the project. The form of the securities must be one or a combination of the following to be determined by the city:

      (1)   Cash. A minimum of $3,000 of the financial security for erosion control must be by cash deposit to the city.

      (2)   Bonds, instruments of credit. Deposit, either with the city, a responsible escrow agent, or trust company, at the option of the city, money, negotiable bonds of the kind approved for securing deposits of public money or other instruments of credit from one or more financial institutions, subject to regulation by the state and federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment.

   (B)   Maintaining the financial security. If at anytime during the course of the work the cash deposit or entire deposit amount falls below 50% of the required deposits, the developer shall make another deposit in the amount necessary to restore the cash deposit to the required amount. If the developer does not bring the financial security back up to the required amount within seven days after notification by the city that the amount has fallen below 50% of the required amount the city may:

      (1)   Withhold the scheduling of inspections and/or the issuance of a certificate of occupancy.

      (2)   Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant’s sites within the city’s jurisdiction.

   (C)   Action against the financial security. The city may act against the financial security if any of the conditions listed below exist. The city shall use funds from this security to finance remedial work undertaken by the city or a private contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work including, but not limited to, staff time and attorney's fees.

      (1)   The developer ceases land disturbing activities and/or filling and abandons the work site prior to completion of the grading plan.

      (2)   The developer fails to conform to the grading plan and/or the storm water pollution control plan as approved by the city.

      (3)   The techniques utilized under the storm water pollution control plan fail within one year of installation.

      (4)   The developer fails to reimburse the city for corrective action taken under § 152.05.

   (D)   Returning the financial security. The security deposited with the city for faithful performance of the storm water pollution control plan and any storm water and pollution control plan related remedial work to finance necessary remedial work must be released one full year after the completion of the installation of all storm water pollution control measures as shown on the grading and/or the storm water pollution control plan.

(Ord. 128, passed 2-8-00)

   The city shall notify the permit holder of the failure of the storm water pollution control plan’s measures.

   (A)   Notification by the city. The initial contact will be by phone to the parties listed on the application and/or the storm water pollution control plan. Twenty-four hours after notification by the city or 72 hours after the failure of erosion control measures, the city, at its discretion, may begin corrective work.

   (B)   Erosion off-site. If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner’s permission. In no case, unless written approval is received from the city, may more than seven calendar days go by without corrective action being taken. If in the discretion of the city, the applicant does not repair the damage caused by the erosion, the city may do the remedial work required and charge the cost to the applicant.

   (C)   Erosion into streets, wetlands or water bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and repair must be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.

   (D)   Failure to do corrective work. When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take the following actions:

      (1)   Withhold the scheduling of inspections and/or the issuance of a certificate of occupancy.

      (2)   Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant’s sites with in the city’s jurisdiction.

      (3)   Direct the correction of the deficiency by city forces or by a separate contract. The issuance of a permit constitutes a right-of-entry for the city or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control.

      (4)   All costs incurred by the city in correcting storm water pollution control deficiencies must be reimbursed by the applicant. If payment is not made within 30 days after costs are incurred by the city, payment will be made from the applicant’s financial securities as described in § 152.04.

      (5)   If there is an insufficient financial amount, in the applicant’s financial securities as described in § 152.04, to cover the costs incurred by the city, then the city may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081 to challenge the amount or validity of assessment.

(Ord. 128, passed 2-8-00; Am. Ord. 0302, passed 4-8-03)

   Every applicant for a building permit, subdivision approval, or a permit to allow land disturbing activities must submit a storm water pollution control plan to the City Engineer. Submitted stormwater pollution control plans must meet the provisions specified in the city’s Engineering Guidelines. No building permit, subdivision approval, or permit to allow land disturbing activities must be issued until the city approves this plan.

(Ord. 128, passed 2-8-00; Am. Ord. 1501, passed 1-27-15)

   Storm water runoff rates must not increase over the predevelopment two-year, ten-year and 100- year storm peak discharge rates as outlined in the city’s Engineering Guidelines. Also accelerated channel erosion must not occur as a result of the proposed activity.

(Ord. 128, passed 2-8-00; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1501, passed 1-27-15)

   The storm water pollution control plan must include:

   (A)   Project description. The nature and purpose of the land disturbing activity and the amount of grading, utilities, and building construction involved.

   (B)   Phasing of construction. Time frames and schedules for the project’s various aspects.

   (C)   A map of the existing site conditions. Existing topography, property information, steep slopes, existing drainage systems/patterns, type of soils, waterways, wetlands, vegetative cover, 100-year flood plain boundaries.

   (D)   Site construction plan. A site construction plan that includes the proposed land disturbing activities, stockpiles, erosion and sediment control plan, construction schedule, and the maintenance and inspection of the storm water pollution control measures.

   (E)   Adjacent areas. Neighboring streams, lakes, residential areas, roads, etc., which might be affected by the land disturbing activity.

   (F)   Erosion potential. Designate the site’s areas with the potential for serious erosion problems.

   (G)   Erosion and sediment control measures. The methods that will be used to control erosion and sedimentation on the site, both during and after the construction process.

   (H)   Permanent stabilization. How the site will be stabilized after construction is completed, including specifications, time frames or schedule.

   (I)   Calculations. Any that were made for the design of such items as sediment basins, wet detention basins, diversions, waterways, infiltration zones and other applicable practices.

(Ord. 128, passed 2-8-00)

   Plans must follow the requirements stated within the city’s Engineering Guidelines. The plan must address the following:

   (A)   Stabilizing all exposed soils and soil stockpiles and the related time frame or schedule.

   (B)   Establishing permanent vegetation and the related time frame or schedule.

   (C)   Preventing sediment damage to adjacent properties and other designated areas such as streams, wetlands, lakes and unique vegetation (e.g., oak groves, rare and endangered species habitats.)

   (D)   Scheduling for erosion and sediment control practices.

   (E)   Where permanent and temporary sedimentation basins will be located.

   (F)   Engineering the construction and stabilization of steep slopes.

   (G)   Measures that will control the quality and quantity of storm water leaving a site.

   (H)   Stabilizing all waterways and outlets.

   (I)   Protecting storm sewers from the entrance of sediment.

   (J)   What precautions will be taken to contain sediment when working in or crossing water bodies

   (K)   Restabilizing utility construction areas as soon as possible.

   (L)   Protecting paved roads from sediment and mud brought in from access routes.

   (M) Disposing of temporary erosion and sediment control measures.

   (N)   How the temporary and permanent erosion and sediment control practices will be maintained.

   (O)   How collected sediment and floating debris will be disposed of.

      (1)   A change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface waters or underground waters.

      (2)   Inspections indicate the plan is not effective in eliminating or significantly minimizing the discharge of pollutants to surface waters or underground waters or that the discharges are causing water quality standard exceedances.

      (3)   The plan is not achieving the general objectives of controlling pollutants or is not consistent with the terms and conditions of this permit.

(Ord. 128, passed 2-8-00; Am. Ord. 1501, passed 1-27-15)

   These minimum control measures are required where bare soil is exposed. Due to the diversity of individual construction sites, each site will be individually evaluated. Where additional control measures are needed, they will be specified at the discretion of the City Engineer. The city will determine what action is necessary to prevent excessive erosion from occurring on the site. All stormwater pollution control measures must be in compliance with the city’s Engineering Guidelines.

(Ord. 128, passed 2-8-00; Am. Ord. 1501, passed 1-27-15)

   (A)   The applicant shall install or construct, or pay the city fees for all storm water management facilities necessary to manage increased runoff, so that the two-year, ten-year, and 100-year storm peak discharge rates existing before the proposed development must not be increased. Also accelerated channel erosion must not occur as a result of the proposed land disturbing or development activity. An applicant may also make an in-kind or a monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant.

   (B)   Infiltration of treated stormwater is required whenever new development results in an increase in the stormwater runoff volume and when redevelopment maintains or increases the stormwater runoff volume provided that past and existing land use practices do not have limitations and restrictions as described in the city’s Engineering Guidelines.

   (C)   The city will require new development to infiltrate storm water runoff in all areas except where either there are limitations or restrictions as described in the city’s Engineering Guidelines. For projects that use infiltration, the following policies apply:

      (1)   Pretreatment of storm water to NURP guidelines will be required prior to discharge to an infiltration basin.

      (2)   The infiltration basin will be sized to infiltrate the runoff from the impervious surface area as required in the city’s Engineering Guidelines.

      (3)   Infiltration rates of the soil shall adhere to the city’s Engineering Guidelines:

 

 

   (D)   The applicant shall consider reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond.

   (E)   The following storm water management practices must be investigated in developing the storm water management part of the storm water pollution control plan in the following descending order of preference:

      (1)   Protect and preserve as much natural or vegetated area on the site as possible, minimizing impervious surfaces, and directing runoff to vegetated areas rather than to adjoining streets, storm sewers and ditches to promote the infiltration of water;

      (2)   Flow attenuation by use of open vegetated swales and natural depressions;

      (3)   Storm water wet detention facilities; and

      (4)   A combination of successive practices may be used to achieve the applicable minimum control requirements specified in division (A) above.

      (5)   The applicant shall provide justification for the method selected.

(Ord. 128, passed 2-8-00; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1501, passed 1-27-15)

   These facilities must conform to city’s Engineering Guidelines for permanent stormwater facilities as well as the most current technology as reflected in the current version of the Minnesota Pollution Control Agency’s publication, “Minnesota Stormwater Manual” and the current requirements found in the same agency’s NPDES permits for storm water associated with construction activities.

(Ord. 128, passed 2-8-00; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1501, passed 1-27-15)

   (A)   All land disturbance activities on property with wetlands must follow § 155.341 of the City of St. Michael Zoning Ordinance (Wetland System District).

   (B)   Runoff must not be discharged directly into wetlands without appropriate quality and quantity runoff control, depending on the individual wetland’s vegetation. See the current version of the Minnesota Pollution Control Agency’s publication, Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands for guidance.

   The sensitivity of a wetland to degradation varies with vegetation type. Sedge meadows, open bogs and swamps, coniferous bogs, calcareous fens, low prairies, lowland hardwood swamps, and seasonally flooded basins are highly sensitive to degradation, while flood plain forests, reed canary grass meadows, shallow reed canary grass, cattail, giant reed or purple loosestrife) marshes are only slightly sensitive to degradation.

(Ord. 128, passed 2-8-00)

   Hydrologic models and design methodologies used for the determining runoff characteristics and analyzing storm water management structures must be approved by the City Engineer. Plans, specifications and computations for storm water management facilities submitted for review must be sealed and signed by a registered professional engineer. All computations must appear on the plans submitted for review, unless otherwise approved by the City Engineer.

(Ord. 128, passed 2-8-00)

   Where in the judgment of a registered professional engineer, experienced in the field of storm water and erosion and sediment control, site conditions warrant or where the practices or practice standards will be insufficient to control erosion and sedimentation for a land disturbance activity, the City Engineer may grant a variance on a case-by-case basis. The content of a variance must be specific, and must not affect other approved provisions of a plan.

   (A)   The variance request must be in writing.

   (B)   The variance must be in writing and include the reason for granting the variance.

(Ord. 128, passed 2-8-00)

   (A)   The City Engineer shall review the storm water pollution control plan. This review must be completed within 14 days of receiving the plan from the developer.

   (B)   If the city determines that the storm water pollution control plan meets the requirements of this chapter, the city shall issue a permit valid for a specified period of time, that authorizes the land disturbance activity contingent on the implementation and completion of this plan.

   (C)   If the city determines that the storm water pollution control plan does not meet the requirements of this chapter, the city shall not issue a permit for the land disturbance activity. This plan must be resubmitted for approval before the land disturbance activity begins.

   (D)   All land use and building permits must be suspended until the developer has an approved storm water pollution control plan.

(Ord. 128, passed 2-8-00)

   An approved storm water pollution control plan may be modified on submission of an application for modification to the city, and after approval by the City Engineer. In reviewing such an application, the City Engineer may require additional reports and data.

(Ord. 128, passed 2-8-00)

   (A)   The city shall be responsible enforcing this chapter.

   (B)   The city will work with the MPCA to develop Total Maximum Daily Load (TDML) plans for on the listed impaired waters in the city.

(Ord. 128, passed 2-8-00; Am. Ord. 0802, passed 3-11-08)

   The applicant shall allow the city and their authorized representatives, upon presentation of credentials:

   (A)   To enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, surveys or investigations.

   (B)   To bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations.

   (C)   To examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site.

   (D)   To inspect the storm water pollution control measures required in this permit.

   (E)   To sample and monitor any items or activities pertaining to permits issued by the city.

(Ord. 128, passed 2-8-00)

   A municipal storm water utility is hereby established and shall be operated as a public utility pursuant to M.S. § 444.075, as it may be amended from time to time, from which revenues will be derived subject to the provisions of this chapter and Minnesota Statues.

(Ord. 0316, passed 12-9-03)

   (A)   Rates and charges for the use and availability of the utility system shall be determined through the use of a residential equivalent factor (REF) defined as the ratio of the average volume of run off generated by an average residential unit.

   (B)   The charge to an average residential unit shall be the storm water utility rate.

(Ord. 0316, passed 12-9-03)

   Storm water utility fees are drainage fees for parcels of land and shall be determined by multiplying the REF for the parcel’s land use classification by the parcel’s acreage and then multiplying the resulting product by storm water utility rate. The REF values for various land uses are as follows:

      Residential (Single-Family, Duplex, Townhome)               1

      Commercial/Industrial/Institutional/Golf Course/

      Condos/Apartments—

         One Acre or Less                         2

         One to Five Acres                         4

         More than Five Acres                         6

(Ord. 0316, passed 12-9-03)

   The storm water utility rate charge, as set by City Council resolution from time to time, shall become effective on January 1, 2004, and shall be charged to all parcels not listed as exempt in § 152.74.

(Ord. 0316, passed 12-9-03)

   The following land uses are exempt from storm water utility fees:

   (A)   A-1 Zoned Agricultural Land; except for properties less than ten acres unless the owner thereof provides documented proof that the property is in use as an active agricultural farmland/farmstead and that the tax classification is registered as agricultural farmland/farmstead by Wright County;

   (B)   Public Rights-of-Way;

   (C)   Railroad Rights-of-Way;

   (D)   State Owned Property;

   (E)   Vacant Land (such as Undeveloped Land);

   (F)   Unoccupied Public Land (such as Open Space, Parks).

(Ord. 0316, passed 12-9-03; Am. Ord. 1401, passed 1-28-14)

   The storm water utility fee applicable to land uses not specifically listed in §§ 154.72 and 154.74 shall be determined by the City Engineer based on comparable amounts of impervious coverage and parcel size. An appeal of such determination by the City Engineer may be made to the City Council.

(Ord. 0316, passed 12-9-03)

   (A)   The City Engineer may adjust the REF for parcels of land (other than Residential (Single- Family, Duplex, Townhome) if the City Engineer determines that the impervious surface of the land is substantially different from the REF being used for comparable parcels. Information and hydrologic data must be supplied by the property owner(s) to demonstrate that a fee adjustment is warranted. Adjustments to an individual REF shall not be made retroactively. Appeals of the City Engineer’s determination shall be made to the City Council.

   (B)   The Council may adopt, from time to time, by resolution an incentive or credit program which would allow for the reduction of storm water utility fees for individual parcels of land. The maximum reduction for any parcel shall be 20%.

(Ord. 0316, passed 12-9-03)

   Storm water utility fees shall be computed and billed periodically along with the utility bill for other utility services such as water and sanitary sewer. If a parcel of land subject to the storm water utility fee is not served by other utilities, a separate bill shall be issued quarterly by the city. Each billing for storm water utility fees which is not paid when due shall incur a penalty charge in an amount as adopted in the annual fee schedule. If storm water utility fees are not paid within three months after billing is issued, the city shall certify the amount due, together with penalties, to the County Auditor to be collected with other real estate taxes on the parcel.

(Ord. 0316, passed 12-9-03; Am. Ord. 1401, passed 1-28-14)

   All fees collected for the storm water utility shall be placed in a fund for storm water purposes as permitted by M.S. § 444.075, as it may be amended from time to time.

(Ord. 0316, passed 12-9-03)

   (A)   The purpose of this subchapter is to provide for the health, safety, and general welfare of the citizens of the city 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 subchapter establishes methods for controlling the introduction of pollutants into the storm drainage system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.

   (B)   The objectives of this subchapter are:

      (1)   To regulate the contribution of pollutants to the storm drainage system by stormwater discharges by any user.

      (2)   To prohibit illicit connections and discharges to the storm drainage system.

      (3)   To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this subchapter.

(Ord. 1201, passed 12-11-12)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CITY. The City of St. Michael.

   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 NPDES construction permits resulting in land disturbance of one 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, that 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.

   ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the MS4, except as exempted in this section.

   ILLICIT CONNECTIONS. Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the MS4 including but not limited to any conveyance that allows any non-storm water discharge including sewage, process wastewater, and wash water to enter the MS4 and any connection to the MS4 from an indoor drain or sink, regardless of whether the drain, sink or connection had been previously allowed, permitted, or approved by the city or, any drain or conveyance connected from a commercial or industrial land use to the MS4 that has not been documented in plans, maps, or equivalent records and approved by the city.

   INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 CFR, § 122.26(b)(14).

   MS4. Municipal separate storm sewer system, also known as and referred to as a storm drain system or a storm drainage system.

   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by MPCA 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.

   NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.

   PERSON. Any individual, association, organization, partnership, firm, corporation or other entity.

   POLLUTANT. Anything that 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, pesticides, herbicides, and fertilizers; hazardous substances and wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind that, 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, or that may degrade, impair or pollute ground or surface waters.

   POLLUTION. Contaminating the soil, water or air with noxious substances.

   PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

   STORM DRAIN 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. A document that 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 to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

   WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from any premises.

(Ord. 1201, passed 12-11-12)

   This subchapter shall apply to all water entering the storm drain system generated on any premises unless explicitly exempted by the city.

(Ord. 1201, passed 12-11-12)

   The city shall administer, implement, and enforce the provisions of this subchapter. Any powers granted or duties imposed upon the city may be delegated in writing by the City Administrator to persons or entities acting in the beneficial interest of or in the employ of the city.

(Ord. 1201, passed 12-11-12)

   The standards set forth herein and promulgated pursuant to this subchapter are minimum standards; therefore these sections do not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

(Ord. 1201, passed 12-11-12)

   (A)   Prohibition of illegal 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, conduct or continuance of any illegal discharge to the storm drain system is prohibited, except as described as follows:

      (1)   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, noncommercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated to less than 0.1 PPM chlorine), fire-fighting activities, any other water source not containing pollutants, and the use of fertilizers, herbicides and pesticides for agricultural or landscaping purposes when applied for their intended purpose in accordance with label directions and in compliance with all applicable local, state and federal ordinances, laws and regulations.

      (2)   Discharges specified in writing by city as being necessary to protect public health and safety.

      (3)   Dye testing if verbal notification is given to the city prior to the time of the test.

      (4)   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 prior written approval has been granted by the city for any discharge to the storm drain system.

   (B)   Prohibition of illicit connections.

      (1)   The construction, use, maintenance or continued existence of an illicit connection to the storm drain system is prohibited.

      (2)   This prohibition expressly includes, without limitation, a connection made prior to the enactment of this section, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection.

      (3)   A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(Ord. 1201, passed 12-11-12)

   (A)   Suspension due to an illicit discharge in an emergency situation. The City Council or City Engineer may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that, in the determination of the City Engineer, 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 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 it deems necessary to prevent or minimize damage to the MS4 or waters of the United States, or if determined by the City Engineer to be necessary to minimize danger to persons.

   (B)   Suspension due to the detection of an illicit discharge. Any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if the City Engineer determines that such termination would abate or reduce an illicit discharge. The city will notify the responsible person of the proposed termination of its MS4 access. The responsible person may petition the city for reconsideration and a hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior written approval of the city.

(Ord. 1201, passed 12-11-12)

   Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the City Council prior to the allowing of a discharge to the MS4.

(Ord. 1201, passed 12-11-12)

   (A)   Applicability. This section applies to all premises that have storm water discharges associated with industrial activity, including construction activity.

   (B)   Access to premises.

      (1)   The city shall be permitted to enter and inspect premises subject to regulation under this subchapter as often as may be necessary to determine compliance therewith. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow unimpeded access to representatives of the city.

      (2)   A person responsible for a discharge shall allow the city 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 shall have the right to install upon any premises such devises as are determined by the city to be necessary to conduct monitoring and/or sampling of storm water discharge from the premises.

      (4)   The city may require the person responsible for a discharge to install monitoring equipment upon the premises as determined by the city to be necessary to conduct monitoring or sampling of storm water discharge from the premises. Such 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 devises used to measure stormwater flow and quality shall be calibrated to ensure accuracy.

      (5)   Any temporary or permanent obstruction to safe and unimpeded access to the premises to be inspected and/or sampled shall be promptly removed by the person responsible for the premises promptly upon written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the person responsible for the premises.

      (6)   Unreasonable delays in allowing the city access to the premises is a violation of a storm water discharge permit and of this subchapter. A person who is the operator of the premises with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the city reasonable access to the premises for the purpose of conducting any activity authorized or required by this subchapter.

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

(Ord. 1201, passed 12-11-12)

   The city will adopt requirements identifying best management practices (BMPs) of any activity, operation, or facility that may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment operated upon a premises shall provide, at the owner's or operator's expense, reasonable protection from accidental discharge of pollutants 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 that 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 MS4. 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 compliant with the provisions of this subchapter. These BMPs shall be part of a storm water pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. 1201, passed 12-11-12)

   Every person owning premises through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the premises 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.

(Ord. 1201, passed 12-11-12)

   Notwithstanding other requirements of law, as soon as any person responsible for a premises has information of any known or suspected release of hazardous materials that are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. 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 the city of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the city 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 city within three business days of the notice given in person or by phone. 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.

(Ord. 1201, passed 12-11-12)

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

   (A)   The performance of monitoring, analysis, and reporting;

   (B)   The elimination of illicit connections or discharges;

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

   (D)   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

   (E)   The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property are 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.

   (F)   The notice shall state that the determination of violation may be appealed to the City Administrator by filing with the City Clerk a written notice of appeal within seven calendar days of service of the notice of violation.

(Ord. 1201, passed 12-11-12)

   Any person receiving a notice of violation may appeal the determination of the city by filing a notice of appeal with the City Clerk not later than seven calendar days from the date of the notice of violation. A hearing on the appeal shall take place before the City Administrator or the City Administrator's designee not later than seven calendar days from the date of the City Clerk's receipt of the notice of appeal. The decision of the City Administrator or City Administrator's designee shall be final.

(Ord. 1201, passed 12-11-12)

   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 15 days of the decision on the appeal, then representatives of the city may enter upon the subject premises and may take any and all measures determined by the city to be necessary to abate the violation and/or restore the premises. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or the city's designated contractor to enter upon the premises for the purposes set forth herein.

(Ord. 1201, passed 12-11-12)

   Within 30 days after abatement of the violation, the owner of the premises shall be notified of the cost of abatement, including administrative costs. If the amount due is not paid within 30 days after the owner has been notified by the city of the amount due, the city may levy the charges as a special assessment against the premises, which assessments shall constitute a lien on the premises for the amount of the assessment.

(Ord. 1201, passed 12-11-12; Am. Ord. 1904, passed 10-22-19)

   It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. If a person has violated and continues to violate the provisions of this subchapter, the city may seek a preliminary or permanent injunction restraining the person from activities which would create any further violation or compelling the person to perform abatement or remediation of the violation, or seek any other available remedy in law or equity. Any person violating any provision or failing to comply with any of the requirements of this subchapter shall be personally liable for all costs and expenses, including attorney's fees, incurred by the city in enforcing this subchapter.

(Ord. 1201, passed 12-11-12)

   In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, and may be summarily abated at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(Ord. 1201, passed 12-11-12)

   Any person, firm, or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and shall be punished as provided in § 10.99. All land use and building permits must be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense.

(Ord. 128, passed 2-8-00)