HomeMy WebLinkAboutNo 903 Amending Article VII (Environmental Protection and Critical Area), Section 12-307(f) (Nationwide Urban Runoff Program)
ORDINANCE NO. 903
An Ordinance Amending Article VII (Environmental Protection and Critical Area), Section
12-307(f) (Nationwide Urban Runoff Program)
The Maplewood city council approves the following changes to the Maplewood Code of
Ordinances:
This ordinance deletes portions of the Environmental Protection and Critical Area (Article
VII) dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This
ordinance also moves the stormwater management ordinance in its entirety to the
Environment Chapter (Chapter 18) of the city code.
Section 1. This section deletes portions of the Environmental Protection and Critical
Area ordinance at Section 12-307(f) (Nationwide Urban Runoff Program).
Section 2. This section creates a new stormwater management ordinance which will be
placed in the Environment Chapter (Chapter 18) of the city code.
Section 18-180. Applicability. Stormwater management standards shall apply to new
development and redevelopment projects which result in one-half acre (21,780 square-feet) or
more of disturbed area or five thousand (5,000) square-feet or more of new impervious surface.
a. Runoff Rates. Runoff rates resulting from a project subject to the standards shall not
exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical duration
storm events.
b. Water Quality Treatment. A runoff volume of at least one (1.0) inch, over all new
impervious and redevelopment impervious portions of a project, must be treated through
infiltration practices.
1) Filtration practices that are designed for partial recharge (e.g., bioretention basin
with under drains) shall receive seventy percent (70%) credit for the runoff
volume treatment requirement of 1.0 inch.
2) For projects where infiltration or filtration is not feasible, or is prohibited as
described in the stormwater management standards, the project must provide
treatment systems that remove ninety (90%) total suspended solids (TSS) and
sixty percent (60%) total phosphorus (TP) on an annual basis.
Section 18-181. Erosion Control. Erosion control standards apply to all land disturbance
activity unless specifically exempted by the definition of the term “land disturbance activity” in
the city’s erosion and sedimentation control ordinance.
Section 18-182. Illicit Discharges. No person shall throw, drain, or otherwise discharge,
cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal
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separate storm sewer system any pollutants or waters containing any pollutants other than
stormwater. The following discharges are exempt:
a. Water line flushing performed by a government agency, 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, natural riparian habitat or wetland flows,
and any other water source not containing pollutants;
b. Discharges or flows from fire fighting, and other discharges specified in writing by the
Cityas being necessary to protect public health and safety;
c. The prohibition provision above shall not apply to any non-stormwater discharge
permitted under an National Pollutant Discharge Elimination System (NPDES) permit or
order issued to the discharger and administered under the authority of the State and the
Federal Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been granted for any
discharge to the (municipal/county) separate storm sewer system.
d. These requirements do not replace or supersede other City ordinances, watershed
district rules or permit requirements, or state and federal rules or permits required for the
project.
Section 18-183. Regulating Use of Coal Tar Based Sealer Products.
a. Purpose. The City understands that lakes, rivers, streams and other bodies of water are
natural assets which enhance the environmental, recreational, cultural and economic
resources and contribute to the general health and welfare of the community. The use of
sealers on asphalt driveways is a common practice. However, scientific studies on the
use of driveway sealers have demonstrated a relationship between stormwater runoff
and certain health and environmental concerns. Regulation of sealer products within the
City is needed in order to protect, restore, and preserve the quality of its waters.
b. Definitions. Except as may otherwise be provided or clearly implied by context, all terms
used in this ordinance shall be given their commonly accepted definitions. For the
purpose of Section 18-183 of this ordinance, the following definitions shall apply unless
the context clear indicates or requires a different meaning:
Asphalt-Based Sealer. A petroleum-based sealer material that is commonly used on
driveways, parking lots, and other surfaces and which does not contain coal tar.
Coal Tar. A byproduct of the process used to refine coal.
Coal Tar-Based Sealer. A sealer material containing coal tar that has not been mixed
with asphalt and which is commonly used on driveways, parking lots and other surfaces.
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PAHs (Polycyclic Aromatic Hydrocarbons). A group of organic chemicals formed during
the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar
and believed harmful to humans, fish, and other aquatic life.
c. Prohibitions.
1) No person shall apply any coal tar-based sealer to any driveway, parking lot, or
other surface within the City.
2) No person shall contract with any commercial sealer product applicator,
residential or commercial developer, or any other person for the application of
any coal tar-based sealer to any driveway, parking lot, or other surface within the
City.
3) No commercial sealer product applicator, residential or commercial developer, or
other similar individual or organization shall direct any employee, independent
contractor, volunteer, or other person to apply any coal tar-based sealer to any
driveway, parking lot, or other surface within the City.
d. Exemption. Upon the express written approval from both the City and the MPCA, a
person conducting bona fide research on the effects of coal tar-based sealer products or
PAHs on the environment shall be exempt from the prohibitions provided in Section 18-
183.
e. Asphalt-Based Sealcoat Products. The provisions of this ordinance shall only apply to
use of coal tar-based sealer in the City and shall not affect the use of asphalt-based
sealer products within the City.
f. Penalty. Any person convicted of violating any provision in this ordinance is guilty of a
misdemeanor and penalties shall conform to Section 1-15 of City Code: General
penalties for violations; continuing violations.
g. Severability. If any provision of this ordinance is found to be invalid for any reason by a
court of competent jurisdiction, the validity of the remaining provisions shall not be
affected.
The city council approved the first reading of this ordinance on May 10, 2010
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The city council approved the second reading of this ordinance on June 14, 2010.
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