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HomeMy WebLinkAboutNo 950 Chapter 18, Article III-Erosion and Sedimentation Control, Chapter 18, Article VII-Stormwater Management, and Chapter 40, Article II-Sewers Ordinance 950 CODE OF ORDINANCES Chapter 18 -ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Sec. 18-141. Purpose. Sec. 18-142. Scope. Sec. 18-143. Definitions. Sec. 18-144. Erosion and sediment control plan. Sec. 18-145. Review of plan. Sec. 18-146. Modification of plan. Sec. 18-147. Escrow requirement. Sec. 18-148. Enforcement; penalty. Secs. 18-149—18-175. Reserved. Sec. 18-141. Purpose. The purpose of this article is to control or eliminate soil erosion and sedimentation within the city. This article establishes standards and specifications for conservation practices and planning activities which minimize soil erosion and sedimentation. Sec. 18-142. Scope. Except as exempted by the definition of the term "land disturbance activity" in section 18-143, any person, state agency, or political subdivision thereof proposing land disturbance activity within the city shall apply to the city for a grading permit, submit an erosion and sediment control plan, and sign an erosion control compliance agreement. No land shall be disturbed until the erosion control compliance agreement has been signed, the erosion and sediment control plan has been approved, installed erosion and sediment control best management practices have been inspected by City staff, and the grading permit has beenissued. The erosion and sediment control plan shall conform to the standards set forth in this article and meet the requirements for erosion and sediment control and waste controls in accordance with the MPCA’s Construction Stormwater Permit as defined in section 18-143. Sec. 18-143. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicantmeans aperson, business, corporation, state agency, or political subdivision thereof who is submitting for coverage under one of the City’s permits or submitting design plans for review by the City. Best Management Practices or BMPs means practices to prevent orreduce the pollution of the stormwater runoff, including schedules of activities, prohibition of practices, and other management practices, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillageor leaks, sludge, or waste disposal or drainage from raw material storage. BMP Manualmeans the MPCA’s most current Stormwater Best Management Practices Manual. Developermeans a person, business, corporation, legal entity, state agency, or political subdivision thereof engaged in a land disturbance activity. Erosionmeans any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by human and/or natural activities. Erosion and sediment control planmeans a document containing the requirements ofsection 18-144that, when implemented, will decrease soil erosion on a parcel of land being developed, as well as off-site sediment damages. Erosion control compliance agreement means a document stating that all BMPs will be installed and inspected prior to any land disturbing activities, the BMPs will be maintained throughout the entirety of the project, and that the project site will be stabilized prior to granting a Certificate of Occupancy and/or release of any grading permit escrow. Land disturbance activitymeans land change that may result in soil erosion from water, wind, ice, or gravity and the movement of sediments into or upon waters or lands of the city, adjacent cities or any adjacent properties, including clearing, grading, excavating, transporting and filling of land. The term, "land disturbance activity", does not mean the following: (1)Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs, and maintenance work. (2)Construction, installation, and maintenance of electric, telephone, and cable television utility lines or individual service connections to these utilities, except where a minimum of 10,000 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. However, if the land disturbingactivity would have required an approved erosion and sediment control plan except for the emergency, the land area disturbed shall be shaped and stabilized in accordance with the requirement of the local plan-approving authority or the district when applicable. MPCAmeans the Minnesota Pollution Control Agency. MPCA’s Construction Stormwater Permitmeans the most current adopted Minnesota Pollution Control Agency general permit to discharge stormwater associated with construction activity. MSMS means the most current version of the Maplewood Stormwater Management Standards. Sedimentmeans solid mineral or organic material that, in suspension, is being transported or has been moved from its original site by air, water, gravity, or ice and has been deposited at another location. Sedimentationmeans the process or action of depositingsediment that is determined to have been caused by erosion. Sec. 18-144. Erosion and sediment control plan. (a)Required.Every applicant for a building permit, a subdivision approval, grading permit, or a permit to allow land disturbing activities must submit an erosion and sediment control plan to the City. No building permit, subdivision approval, grading permit, or permit to allow land disturbing activities shall be issued until approval of the erosion and sediment control plan. (b)Criteria addressed.The erosion and sediment control plan shall meet the requirements of the MPCA’s Construction Stormwater Permit and the MSMS. (c)Contents of plan.The erosion and sediment control plan shall meet the plan requirements of the MPCA’s Construction Stormwater Permit and the MSMS. Sec. 18-145. Review of plan. (a)Generally.The city appoints a staff member to review the erosion and sediment control plan. The most current version of the MPCA’s BMP Manual and the MSMS are the reference for erosion and sediment control practice specifications in the city. (b)Approval process.If the city determines that the erosion and sediment control plan meets the requirements of this article, the developer will be instructed to proceed with the installation of the proposed erosion and sediment control BMP’s. Once the erosion and sediment control BMP’s are installed the applicant will contact the city for a field inspection. If additional BMP’s are found to be required or if there are any adjustments to the installed BMP’s the city shall notify the applicant. A follow up inspection will be scheduled after the requested changes are made.Once the field inspection has been approved 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 the erosion and sediment control plan. (c)Denial.If the city determines that the erosion and sediment control plan does not meet the requirements of this article, the city shall not issue a permit for the land disturbance activity. The erosion and sediment control plan must be resubmitted for approval before the land disturbance activity begins. All land use and building permits must be suspended until the applicant has an approved erosion and sediment control plan. (d)Permit suspension.If the city determines that the approved erosion and sediment control plan is not being implemented according to that schedule or the control measures are not being properly maintained, all land use and building permits must be suspended until the applicant has fully implemented and maintained the control measures identified in the approved erosion and sediment control plan. Sec. 18-146. Modification of plan. An approved erosion and sediment control plan may be modified on submission of an application for modification to the city and subsequent approval by the city engineer or appointed staff member. In reviewing such application, the city may require additional reports and data. Sec. 18-147. Escrow requirement. After approval of an erosion and sediment control plan, the city shall require the applicant to escrow a sum of money sufficient to ensure the installation, completion, and maintenance of the erosion and sediment control plan and practices. The escrow may be reduced, upon request, after phases of the project are complete. The escrow amount will vary depending on the size and scope of the project. Upon project completion, all remaining escrow shall be returned to the applicant. Sec. 18-148. Enforcement; penalty. (a)The city shall be responsible for the enforcement of this article. (b)Any person who fails to comply with or violates any section of this article shall be charged with a misdemeanor and, upon conviction, shall be subject to punishment in accordance withsection 1-15. All land use and building permits shall be suspended until the applicant has corrected the violation and amended the erosion and sediment control plan for the land disturbance activity. Each day that a separate violation exists shall constitute a separate offense. (c)Remedies not exclusive:The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City of Maplewood to seek cumulative remedies. The City of Maplewood may recover all attorneys’ fees, court costs, and clean up costs associated with enforcement of this division including sampling and monitoring expenses. The City may recover all fees and costs by assessing the costs to the property. (d)Compatibility with other regulations: This ordinance is not intended to modify or repeal any other ordinance, rule,regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (e)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. Secs. 18-149—18-175. Reserved. CODE OF ORDINANCES Chapter 18 -ENVIRONMENT ARTICLE VII. STORMWATER MANAGEMENT ARTICLE VII. STORMWATER MANAGEMENT Sec. 18-271. Applicability. Sec. 18-272. Erosion control. Sec. 18-273. Illicit discharges. Sec. 18-274. Regulating use of coal tar-based sealer products. Secs. 18-275—18-300. Reserved. Sec. 18-271. Applicability. The Maplewood Stormwater Management Standards (MSMS) serves as the guiding document for stormwater design within the City of Maplewood. The City Engineer or qualified designated city staff shall use engineering judgment during the design or review of storm sewer systems to determine if the design meets the requirements and/or intent of the MSMS. All new development and redevelopment projects meeting and/or exceeding the thresholds for disturbed area and/or new impervious surface area, as defined by the MSMS, shall meet the requirements for runoff ratesand water quality treatmentas set forth by the MSMS. a)Runoff rates.Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the two-year, ten-year, and 100-year critical duration storm events. b)Water quality treatment.To the maximum extent practicable the required infiltration volume, as defined by the MSMS, shall be met onsite. 1)All proposed infiltration and filtration practices shall meet the requirements of the MSMS. 2)For projects where infiltration or filtration is not feasible, or is prohibited as described in the MSMS, the project must meet the mitigation provision of the MSMS. Sec. 18-272. 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 provided in section 18-143. Sec. 18-273. Illicit discharges. (a)Definitions: The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly specifies a different meaning: (1)Illicit Connectionmeans any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any non-stormwater discharge such as sewage, process wastewater, and wash water, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency. (2)Illicit Discharge means any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit (other than the NPDES permit for discharges from the municipal separate storm sewer system) and discharges resulting from firefighting activities. (3)Municipal Separate Storm Sewer System(MS4) means a stormwater conveyance or unified stormwater conveyance system (including but not limited to roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, water quality treatment systems, curbs, gutters, ditches, natural or man-made channels, or sidewalks) owned and operated by the City of Maplewood and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage. (4)Non-stormwatermeans any discharge to the municipal storm sewer system that is not composed entirely of stormwater. (5)Street Wash Water means water utilized by the City ofMaplewood in sweeping/cleaning of streets. (6)Stormwatermeans any surface flow, runoff, and drainage consisting entirely of water in the form of natural precipitation, and resulting from such precipitation. (7)Storm Sewer System means any facility by which stormwater 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 detentions basins, natural and human made or altered drainage channels, reservoirs, water quality treatment systems, and other drainage structures. (b)Prohibition of illicit discharges: No person shall throw, drain, or otherwise discharge, cause, or allow others under their control to throw, drain, or otherwise discharge into the MS4 any non-stormwater, pollutants, or waters containing any pollutants other than stormwater. The following discharges are exempt: (1)Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioningcondensation, springs, natural riparian habitat or wetland flows, irrigation water, individual residential car washing, dechlorinated swimming pool discharges, street wash water, and any other water source not containing pollutants; (2)Discharges or flows from fire fighting, and other discharges specified in writing by the city as being necessary to protect public health and safety; (3)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 Minnesota Pollution Control Agency and the U.S. Environmental Protection Agency, provided that the discharger is in fullcompliance 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. (4)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. (c)Prohibition of illicit connections: No person shall use any illicit connection to intentionally convey non-stormwater to a storm sewer system. The construction, use, maintenance or continued existence of illicit connections to a storm sewer system is prohibited. This prohibition includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of connection. (d)Inspection, monitoring, and testing: In response to a reported and/or identified illicit discharge the City shall track the illicit discharge back to its source. (1) The City Engineer and other duly authorized employees of the City, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties in the city utilizingproper procedures for the purpose of inspection, observation, emergency response, measurement, sampling and testing in connection with illicit discharge and the operation of the storm sewer system. (2)The City of Maplewood shall be permitted to enter and inspect facilities subject to regulation under this division as necessary to determine compliance with this division. (3)The City of Maplewood shall have the right to set up at any storm sewer system devices necessary in the opinion of the City to conduct monitoring, sampling and/or dye testing of the facility’s stormwater discharge without need of securing any easement, license or permit from the landowner. (e)Violations, penalties and remedies:It shall be unlawful to violate any provisions or fail tocomply with any of the requirements of this ordinance. The following is a list of penalties and remedies that are available to the City and can be used to enforce violations, depending on their severity: (1)The City may send a letter of notice explaining to the person(s) responsible for the violation what activities need to change and potential impacts that continuing such activities may have. (2)The City may send a code enforcement letter to the person(s) responsible for the violation explaining what activities need to change, the cleanup measures that need to performed by the individual(s), a deadline for completing the cleanup work, and the penalties for failing to meet the cleanup deadline. (3)The City may take legal action against any person(s) violating any provision of this article. Any person(s) violating any provision of this article may be charged with a misdemeanor and be subject to criminal penalties and restitution, if any. (4)In the event the violation constitutes an immediate danger to public healthor safety, the city is authorized to enter upon the subject property without giving prior notice to take any and all measures necessary to abate the violation and/or restore the property. In the event that the City is forced to perform such abatement, the costs shall be assessed to the property. (5)The City may, without prior notice, suspend storm sewer system access to any building/site when such suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the storm sewer system or surface waters. (6)Failure to comply with a suspension order issued in an emergency will result in any process deemed necessary to prevent or minimize damage to the storm sewer system or surface waters, or to minimize danger to persons or property. (f)Remedies not exclusive:The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City of Maplewood to seek cumulative remedies. The City of Maplewood may recover all attorneys’ fees, court costs, and clean up costs associated with enforcement of this division including sampling and monitoring expenses. The City may recover all fees and costs by assessing the costs to the property. (g)Compatibility with other regulations: This ordinance is not intended to modify or repeal any other ordinance, rule,regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (h)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. Sec. 18-274. 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. 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. 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 insection 18-274. (e)Asphalt-based sealcoat products.The provisions of this article 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. Secs. 18-275—18-300. Reserved. CODE OF ORDINANCES Chapter 40 -UTILITIES ARTICLE II. -SEWERS DIVISION 1. GENERALLY DIVISION 1. GENERALLY Sec. 40-26. Operation of municipal sanitary sewer system as public utility. Sec. 40-27. Discharges from properties. Sec. 40-28. Right of entry. Sec. 40-29. Causing damage to sewer system. Sec. 40-30. Variations from requirements of article. Sec. 40-31. Violations of article. Secs. 40-32—40-60. Reserved. Sec. 40-26. Operation of municipal sanitary sewer system as public utility. The entire municipal sanitary sewer system of the city shall be operated as a public utility and convenience from which revenues will be derived, subject to this article. Sec. 40-27. Discharges from properties. No person shall discharge out of or permitto flow from any residence or place of business or any other property operated or owned by such person any foul or odorous liquids, slops or substances into any street, lane, private ground, or public ground within the city or into any body of water, stream or ditch, except into a sanitary sewer pursuant to this article. Violation of this ordinance may be deemed as an illicit discharge in accordance with Sec. 18-273. Sec. 40-28. Right of entry. The city engineer and other duly authorized employees of the city, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties in the city utilizing proper procedures for the purpose of inspection, observation, measurement, emergency response, sampling and testing in connection with the operation of the municipal sanitary sewer system. Sec. 40-29. Causing damage to sewer system. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewer system. Sec. 40-30. Variations from requirements of article. The city sewer inspector may permit variations from the strict application of any of the sections of this article if satisfied that there are special circumstances or conditions affecting the premises for which the variation is requested and that the granting of such variation will not materially adversely affect health, safety or general welfare or public or private property. Any variation permitted under this section must be noted on the permit. Sec. 40-31. Violations of article. Unless expressly otherwise provided, any person found guilty of violating any section of this article shall be guilty of a misdemeanor and, upon conviction,shall be punished in accordance withsection 1-15and or to the extent allowed under Minnesota law and may also be required to pay any restitution for costs associated with the violation, e.g. clean-up costs borne by the City. Secs. 40-32—40-60. Reserved. The City Council approved this ordinance on June 8, 2015.