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102907 CC WS AgPCITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, OCTOBER 29, 2007 AGENDA 1. 2. 3. 4. 5. 6. CONVENE CITY COUNCIL WORK SESSION A. Roll Call B. Review Agenda 2008 ENTERPRISE BUDGETS (Att. -Staff memorandum) Mayor Lizee Woodruff Turgeon Cailies Wellens STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP) (Att. -Staff memorandum) RIGHT-OF-WAY ORDINANCE (Att. -Staff memorandum) OTHER ADJOURN 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS IMMEDIATELY FOLLOWING THE 6:00 P.M. SPECIAL MEETING CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us Celebrating 50 Years • 1956 - 2006 MEMORANDUM DATE: TO: October 24, 2007 Honorable Mayor and City Councilmembers ~~~ FROM: Bonnie Burton, Finance Director/Treasurer Craig W. Dawson, City Administrator RE: Enterprise Fund Budget Workshop: Work-session -Monday, October 29, 2007 Attached for your review are revised Year 2008 budget drafts for the City's Enterprise Funds. These documents will be discussed at the work session on Monday night. The documents have been revised to include the changes requested and discussed by the City Council at the work- session on October 8. The changes are summarized below. Liquor Budget The City has a preliminary Liquor Budget prepared. This budget draft could be updated and finalized as needed, depending on the disposition of the liquor stores. Water Budget There were few changes requested for the water budgets, with the exception of a rate analysis proposed by CoLmcilmember Wellens. The proposed rate structure suggested by him appears to be robust and would likely maintain the City's overall revenue at a level sufficient to maintain operations. In addition, it rewards water conservation and adjusts minimum rates, thereby benefiting seniors and other low-gallon users. Staff plans to also review trtulk or connection charges to determine how Shorewood compares with other cities. The 2008 budget contemplates $30,000 in connection fee revenue (three connections at $10,000 each). ~~ ~®tr® PRINTED ON RECYCLED PAPER 1 ~~ 2008 Enterprise Budget Meino Page 2 of 3 Sanitarc~ Sewer Budget The City currently has about 2,800 connections to its Sanitary Sewer System. The City Council decided at the last work-session that a sewer rate change would not be required for 2008. The flow in millions of gallons has been added to the service indicators. This information is provided to the City annually by MCES for the period July 1 prior year to June 30 current year. The MCES wastewater charge, which is the amount the City must pay to the Metro Council for wastewater processing will be $548,000 for Budget 2008. MCES determines the 2008 cost by calculating each city's share using a formula based on the last actual known flows from the period July 1, 2006 -June 30, 2007. The monthly wastewater processing charge does not include I & I surcharges, which MCES could impose. The City expects to again be exempted in 2008 from the Inflow & Infiltration surcharge program that the MCES implemented in 2007. However, to continue to be exempted from this program, the City will have to be proactive regarding I & I mitigation and fitnds have been designated for this purpose Stormwater Management Budget The major change to the 2008 Stormwater Management Budget draft is the removal of the large capital improvement project of the Amlee, Manitou, Glenn Road Stormwater project ($540,500). Also changed, as a result of the elimination of this project, is the contemplated rate increase that would have been needed to generate additional funds. The largest expendihires to this fund are $40,000 for the CSMP updates required by the Met Council Comprehensive Plan; $10,000 for seasonal pumping of Lake Mary if needed; and some increased staffing costs for various project planning and analysis. At this time, no additional projects were planned for 2008, however Council may wish to consider scheduling other appropriate and affordable capital improvement projects. Recycling Budget The Recycling 2008 Budget draft was changed to reflect anticipated changes in revenues and expenditures related to City Spring Clean-up (with a drop off site rather than curbside pick-up.) The revernie item'Charges for Services' contemplates $61,000 in recycling fees annually (no rate change is planned) and $13,000 in City clean-up revenue. Expenditures inchtde the City's obligation based on the Veolia contract and $15,000 for City clean-tip fees. (Every effort is made to recover costs through collection site fees however the City may have to subsidize a portion of this program.) The City again anticipates receiving approximately $21,000 from Hennepin County Grant Funds and the Veolia contract is a new 33-month recycling contract, with a slight rate increase. 2008 Enterprise Budget Memo Page 3 of 3 The City Council also discussed a desire to consider cooperative recycling efforts and organic recycling. Administrative and public works staff will research options, however at this time, no budget impact is contemplated. Conclusion We invite your response and comments on the revised Enterprise Budgets. Please advise if you would like additional information or if we can be of further assistance prior to the work-session. CITY OF SHOREWOOD, MINNESOTA DRAFT 2008 WATER DEBT SERVICE BUDGET October 2007 FUND: Water SUBFUND: Water Debt Service FUND NO: 601 MISSION: To provide for the retirement of debt incurred to construct water system improvements. DESCRIPTION OF ACTIVITY: Responsible for the accumulation of resources for the retirement of Water Fund debt, and for the periodic payment of principal and interest. OBJECTIVES: To assure adequate resources to retire debt as scheduled, or more quickly if prudent. HIGHLIGHTS/COMMENTS: Revenues: Property Tax Levy for Debt Service Special Assessments on Water Improvements Connection Charges Interest Income Transfers from Water Operating Fund Expenses: Staffing: Supplies/Materials: Support Services: Charges & Fees: Capital Outlay: Other: Debt service payments -Principal and interest Fiscal Agent Fees 5 FUND: #601 FUND: Water - Debt Service DEPT # 49400 BUDGET Actual Actual Budget YTD Sept Proposed Adopted ITEM 2005 2006 2007 2007 2008 2008 REVENUE Sp Assess/Connect Chgs 46,124 663,633 46,000 150,690 105,000 0 Misc. Revenue 35,336 61,926 30,000 51,717 40,000 0 Transfers 260,000 0 310,000 0 260,000 0 TOTAL REVENUE 341,460 725,559 386,000 202,407 405,000 0 EXPENSES Staffing 0 0 0 0 0 0 Supplies/Materials 0 0 0 0 0 0 Support Services 0 0 0 0 0 0 Charges & Fees 0 0 0 0 0 0 Other -Debt Service 264,851 373,955 386,000 359,321 388,000 0 Capital Outlay 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 TOTAL EXPENSES 264,851 373,955 386,000 359,321 388,000 0 SERVICE INDICATORS Outstanding Debt, Year End 2,745,000 3,920,000 3,665,000 3,665,000 3,415,000 3,415,000 CASH FLOW IMPACT: Beginning Cash Balance 611,032 687,641 1,039,245 1,039,245 882,331 882,331 Revenues 341,460 725,559 386,000 202,407 405,000 0 Expenditures (264,851) (373,955) (386,000) (359,321) (388,000) 0 Ending Cash Balance 687,641 1,039,245 1,039,245 882,331 899,331 882,331 STAFFING: 6 CITY OF SHOREWOOD, MINNESOTA DRAFT 2008 WATER OPERATING BUDGET October 2007 FUND: Water SUBFUND: Water Operations FUND NO: 601 MISSION: To provide a safe, clean, uninterrupted supply of drinking water to all City residents connected to the City water system. DESCRIPTION OF ACTIVITY: Responsible for operation and maintenance of seven (7) well systems, including all pumps and well .houses, maintenance of water tower and treatment plant, and extension of new watermain and construction of new water facilities, as necessary. OBJECTIVES: - Supply a safe, clean uninterrupted source of water to all connections - Explore possibility of interconnecting with other communities HIGHLIGHTS/COMMENTS: Revenues: Estimated water sales based on quarterly billing at a tiered rate of $2.95 - $3.75/1,000 gallons Connection and permit revenues Miscellaneous Income includes interest income and Cellular Antenna Space Rentals Expenses: Staffing: .15 Dir of Public Wks .25 Engineering Technician .15 Utility Lead Person .75 Utility Operator .06 Senior Accounting Clerk .05 Receptionist/Secretary Supplies/Materials: Office Supplies, including billing forms and postage Maintenance contracts for computer hardware and software Maintenance of gate valves Small tools and chemicals for water treatment Support Services & Charges: Engineering Water Operations Licenses & Training Insurance on water system Water testing & Water Quality Reporting Water system analysis Capital Outlay: Amesbury Lineshaft Well -Pull & Inspect ($23,000 - 2008) Radio Read Meter project-($75,000 - 2008) Woodhaven Well Bldg Demo ($18,000 - 2008) SE Area Water Tower Painting ($270,000 - 2008) Other: Water Purchased from other communities Meter purchases Well utility charges Transfers to Water Debt Service Fund Depreciation (Non-cash expense accounts for future system replacement) FUND: #601 FUND: Water Operations DEPT # 49400 BUDGET Actual Actual Budget YTD Sept Proposed Adopted $$ ITEM 2005 2006 2007 2007 2008 2008 Change Change REVENUE Charges for Service 537,450 585,112 576,000 235,133 583,500 0 7,500 1.30% Bond Proceeds 1,525,000 1,402,585 0 0 0 0 0 0.00% Misc. Revenue 108,780 163,218 117,000 115,304 130,000 0 13,000 11.11% TOTAL REVENUE 2,171,230 2,150,915 693,000 350,437 713,500 0 20,500 2.96°I° EXPENSES Staffing Supplies/Materials Support Services & Charges Capital Outlay Transfers Depreciation TOTAL EXPENSES 76,394 75,163 85,382 63,724 109,659 0 24,277 28.43% 58,306 53,323 62,525 36,249 76,625 0 14,100 22.55% 166,134 94,756 124,600 89,326 195,425 0 70,825 56.84% 0 0 604,600 322,690 386,000 0 (218,600} -36.16% 0 0 310,000 0 250,000 0 (60,000) -19.35% 182,145 184,105 185,000 146,487 185,000 0 0 0.00% 482,979 407,348 1,372,107 658,475 1,202,709 0 (16~;~,3~:6) -12.35% SERVICE INDICATORS: Miles of Water Line 16 16 16 16 16 16 No. of Connections 1,252 1,252 1,285 1,285 1,285 1,285 No. of Hydrants 272 272 280 280 280 280 Annual Gals Wtr Pumped 175,000,000 175,000,000 188,509,000 188,509,000 188,509,000 188,509,000 Avg Daily Consump- gals 479,452 479,452 516,463 516,463 516,463 516,463 Water rate/1000 gals 2.9513.75 2.95/3.75 2.95/3.75 2.95/3.75 2.95/3.75 2.95/3.75 CASH FLOW IMPACT: Beginning Cash Balance 1,855,878 2,356,223 2,693,608 2,693,608 2,199,501 2,199,501 Revenues 2,171,230 2,150,915 693,000 350,437 713,500 0 Expenditures (482,979) (407,348) (1,372,107) (658,475) (1,202,709) 0 Depreciation 182,145 184,105 185,000 146,487 185,000 0 Construction of Infrastructure - - Other Cash Flow Impacts (1,370,051) (1,590,288) 0 0 0 0 Ending Cash Balance 2,356,223 2,693,608 2,199,501 2,532,057 1,895,292 2,199,501 STAFFING: Dir. of Public Wks - - - .025 .15 City Engineer - - - .01 - Engineer Technician .250 .08 .25 .22 .25 Utility Lead Person - .14 - .14 .15 Utility Operator 1.15 .77 1.15 .75 .75 Acctg. Clerk .125 .085 .125 .085 .06 Sec./Recep. .100 .100 .10 .00 .05 Source: Annual DNR reports 9 City of Shorewood, Minnesota Cc~pit«l 71np><•vv~j~tetzt Pl^ogram 2007 thru 2011 PROJECTS BY DEPARTMENT Department Project# Priority 2007 2008 2009 2010 2011 Total Municipal Water System S.E. Area Lineshaft Well -Pull & Inspect Amesbury Well Controls Replacement Water Meter Radio Read Project SE Area Water Tower -Power Wash SE Area Water Tower -painting Amesbury Lineshaft Well • Pull & Inspect Woodhaven Well Bldg Demolition Boulder Bridge Well #2 -Pull & Inspect Municipal Water System Total GRAND TOTAL W-07-02 nla 22,000 22,000 W-07-03 n/a 55,000 55,000 W-07-05 nla 250,000 75,000 75,000 400,000 W-07-25 n/a 6,700 6,700 W-08.01 n/a 270,000 270,000 W-08-02 nla 23,000 23,000 W-08-03 n/a 18,000 18,000 W-09-01 nla 24,000 24,000 333,700 386,000 99,000 818,700 333,700 386,000 99,000 818,700 Satnrdin. Or~ruhrv~ ph_ ](X1, 10 C ^ f ~i~ 7 ~ (~f ^' ` 1 n Tom- ~t). t sr f: ~ ~1 c r. < . `J ~' ~ O O O ~n00 ~ N O O O N ~n O I~ + -~ 7 C~ O M ~O O M ff3 69 64 --~ --~ N N Ffi 54 FA '.~- 64 ~' 0 0 0 0 0 0 0 0 0 ~ ~n~noo~n~no non U l C`• ~ N°° m m m m m z~ a~ _ ' ~ ~ .v r C ~,ri r.~ gyn.. r` n N 1 cY ~^ c'r C ~ cry ~ .~ //.. F+~1 ' O ...... , .. C 0 0 0 0 0 0 ^ = _ °" ~ _ o ` 0 0 0 0 0 0 tiU : C: G O ~ ~n.4 O O V ~ ~ ~ O O o c O O b o 0 0 0 0 0 0 ~ > c o 0 0 0 0 0 0 X 0 0 0 0 0 0 0 ~ '~n`ooooo00 cn -+ N M V ~n ~c [~ .~ N w v is ti. T J iC O C ~ F~+ ~n ~ 'o n O :+ O t :Tr 1 'n .y. ~ f ~ " ~ y 3 c _n r~ ... " ~ ~ ~n t; ~. , ,_ ~., ~~. ~ ~ ~ ~;: ~ >' 0 0 0 0 O O O ,~ r. O ~n O V'1 O v1 O ~n -t <r n, cri o ce + M ~G 'J' ~ ~~ `-n. ~ N 59 64 SS N _ 'A. 'A 'A 'f~ :~ 0 0 0 0 0 0 0 0 O ~n vl vl vt N ~n ~n U vi a: o~ a a t~ t~ [~ U M N N N CV M (~7 M S9 S4 S9 59 'A ~A 'A ~A hA i. ' J ,,, ~' .~n ~ n_~nn n:~n ~ ~ i~ ~ Mr I N. t r c~~.~~, . . J ~ 'P f .F J F ~f' ,_, ~~' ~ iii 0 0 0 0 0 0 0 0 O ~ O O O C O O O C 0 0 0 0 O O O C r 0 0 0 0 0 0 0 C CJ -+ N M 7 ~n U [~ x O O O O O O O C O O O O O O C 4. O ~ O ~ O ~ O '~ ... 0 0 0 0 0 0 0 ~--~ N C^M rt to \i l~ 3 ;:; o CITY OF SHOREWOOD, MINNESOTA DRAFT 2008 SANITARY SEWER BUDGET October 2007 12 FUND: Sanitary Sewer SUBFUND: Sanitary Sewer DEPT NO: 611 MISSION: To provide a safe, sanitary sewer service to all City residents DESCRIPTION OF ACTIVITY: Major activities include maintenance of fourteen (14) lift stations, and cleaning, televising and repairing sewer mains to control inflow and infiltration. Sewage treatment is performed by Metropolitan Council Environmental Services (MCES) and is provided for in this area. OBJECTIVES: -Work with MCES to monitor inflow and infiltration into the sanitary sewer system - Refurbish two lift stations per year HIGHLIGHTS/COMMENTS: Revenues: Quarterly Sewer service charges at $70.00 per quarter Interest revenue from investment of Sewer Fund cash balances Repayment of Interfund Loans Expenses: Staffing: .15 Dir of Public W ks .25 Engineering Technician .10 Utility Lead Person .53 Utility Operator .06 Senior Accounting Clerk .05 Receptionist/Secretary Supplies/Materials: Office Supplies, including billing forms and postage Maintenance contracts for computer hardware and software Support Services: Sewer Main Cleaning Inflow & Infiltration Control Insurance on sewer system Legal & engineering services Utilities Travel & seminars Charges & Fees: Charges for sewage flow into City of Excelsior trunk mains Metropolitan Council Environmental Services sewage treatment charges Capital Outlay: Refurbish Lift Stations 12, 15, & 16 (2008) Inflow & Infiltration Reduction Transfers In (2008): Residential Property purchase debt service payment (Gent Fnd): $55,000 Transfer from Sewer Fund Reserves: As needed. Est $120,000 Depreciation (Non-cash expense accounts for future system replacement) 13 FUND: # 611 FUND: Sanitary Sewer BUDGET Actual Actual Budget YTD Sept Proposed ITEM 2005 2006 2007 2007 2008 REVENUE Charges for Service 932,925 991,659 949,680 510,421 950,500 DEPT # 49450 Adopted $$ 2008 Change Change 0 820 0.09% Transfers 60,000 0 236,000 0 175,000 0 ~i~1,000) -25.85% TOTAL REVENUES 992,925 991,659 1,185,680 510,421 1,125,500 0 {~;c.),!;;0) -25.76% EXPENSES Staffing 66,487 46,260 89,382 50,723 90,236 0 854 0.96% Supplies/Materials 13,877 17,864 17,800 5,900 14,100 0 (3,70c)) -20.79% Support Services & Charges 456,026 517,448 637,336 512,574 639,282 0 1,946 0.31% Capital Outlay 0 0 236,000 20,060 299,000 0 63,000 26.69% Transfers 0 0 0 0 0 0 0 0.00% Depreciation 203,783 204,064 205,000 156,759 205,000 0 0 0.00% TOTAL EXPENSES 740,174 785,636 1,185,518 746,016 1,247,618 0 62,100 7.17% SERVICE INDICATORS: Miles of Sewer Line 65 65 65 65 65 65 No. of Connections 2,824 2,824 2,824 2,824 2,830 2,830 No. of Lift Stations 14 14 14 14 14 14 Flow {Mill. Gals.) 7/1 - 6130 N/A 299.52 375.81 N/A 322.89 322.89 CASH FLOW IMPACT: Beginning Cash Balance 3,548,050 3,550,499 3,958,626 3,958,626 4,163,788 4,163,788 Revenues 992,925 991,659 1,185,680 510,421 1,125,500 0 Expenditures (740,174) (785,636) (1,185,518) (746,016) (1,247,618) 0 Depreciation 203,783 204,064 205,000 156,759 205,000 0 Other Cash Fiow Impacts (454,086) (1,959) - - - - Ending Cash Balance 3,550,499 3,958,626 4,163,788 3,879,791 4,246,670 4,163,788 STAFFING: Dir of Public Wks - - - - 0.15 Engineer. Technician .25 .13 .25 .20 0.25 Utility Lead .25 .07 .25 .10 0.10 Utility Operator .67 .29 .67 .34 0.53 Sr. Acctg. Clerk .10 .087 .025 .085 0.06 Receptionist/Secretary .05 .12 .05 .10 0.05 14 City of Shorewood, Minnesota Capital Irnprovertient Program 2007 thru 2011 PROJECTS BY DEPARTMENT Department Project# Priority 2007 2008 2009 2010 2011 Total - -- Sanitary Sewer SCADA System t4 Lift Stations SS-07-02 n/a 75,000 75,000 Lift Station 12 Rehab-5705 Christmas Lake Pt. SS-08-01 n(a 110,000 110,000 Lift Station 16 Rehab-4915 Shady Island Rd SS-08-02 n/a 104,000 104,000 Portable Lift Station Control Panel SS•08-03 n/a 7,000 7,000 Lift Station 15 Rehab-4360 Enchanted Dr. SS-08-06 n/a 28,000 100,000 128,000 Lift Station 17 Rehab-5295 Shady Island Rd SS-09-01 n/a 8,000 70,000 78,000 Annual Lift Station Inspect & Rehab SS-11-03 n!a 25,000 25,000 25,000 25,000 25,000 125,000 Infiltration and Inflow Reduction SS-11-05 n/a 50,000 50,000 50,000 50,000 50,000 250,000 Sanitary Sewer Total 150,000 324,000 183,000 145,000 75,000 877,000 GRAND TOTAL 150,000 324,000 183,000 145,000 75,000 877,000 F)'ida~t Ot~t~~ber0~. _OOi' 15 CITY OF SHOREWOOD, MINNESOTA DRAFT 2008 RECYCLING BUDGET October 2007 16 FUND: Recycling MISSION: To provide weekly pickup of recyclables SUBFUND: Recycling to all City residents; provide for the annual City Clean-up activities FUNDNO: 621 DESCRIPTION OF ACTIVITY: Weekly pick-up of newspaper, corrugated cardboard, recyclable plastics, glass and metal, and other recyclable materials. Includes annual City community clean-up at a drop-off site. OBJECTIVES: -Continue weekly pickup of recyclable materials - Hold City community clean-up in the Spring of the year - Provide a leaf and yard waste disposal site in Fall of the year HIGHLIGHTS/COMMENTS: Revenues: County Aid is a Hennepin County grant Charges for Service includes City Clean-up fees and a City Recycling Fee of $1.75 per month per household (the same rate as 2007) Tranfers/other includes transfers, interest income and revenue sharing from the Recycling Contractor Expenses: Staffing: Miscellaneous staffing for City Clean-up and Yardwaste Disposal Supplies/Materials: Office Supplies Support Services: Recycling contract with Veolia Recycling ($2.50/household/month for 2,796 households - 2008) City Clean-up costs (Est. $15,000 - 2008) 17 FUND: #621 FUND: Recycling DEPT # 49550 BUDGET Actual Actual Budget YTD Sept Proposed Adopted $$ ITEM 2005 2006 2007 2007 2008 2008 Change Change REVENUE County Aid 21,030 20,971 21,030 20,631 21,000 0 {3:) -0.14% Charges for Service 94,994 123,383 98,000 35,116 74,000 0 (2=1,000) -24.49% Transfers/other 1,813 2,738 1,950 2,643 2,450 0 500 25.64% TOTAL REVENUE & 117,837 147,092 120,980 58,389 97,450 0 (~ 3,530) -19.45% OTHER SOURCES EXPENSES Staffing 0 0 1,450 0 0 0 (1.450) - 100.00% Supplies/Materials 2,328 164 2,350 0 500 0 (1,8Ei~)) -78.72% Support Services & Charge: 103,495 124,189 114,175 63,764 99,175 0 ('t 5,000) -13.14% Capital Outlay 0 0 0 0 0 0 0 0.00% Transfers 0 0 0 0 0 0 0 0.00% TOTAL EXPENSES 105,823 124,354 117,975 63,764 99,675 0 (15,300) -15.51% SERVICE INDICATORS: Est. Avg. mo. Participant F 1,100 1,100 1,100 1,100 1,100 1,100 Avg. mo. Tonnage" 63 90 - - 90 90 CASH FLOW IMPACT: Beginning Cash Balance 51,760 61,905 83,554 83,554 86,559 86,559 Revenues 117,837 147,092 120,980 58,389 97,450 0 Expenditures (105,823) (124,354) (117,975) (63,764) (99,675) 0 Other Cash Flow Impacts (1,869) (1,090) Ending Cash Balance 61,905 83,554 86,559 78,179 84,334 86,559 Annual Recycling Tonnage Reported 2001 - 965 tons 2002 - 1,008 tons 2003 - 1,206 tons 2004 - 1,093 tons 2005 - 762 tons 2006 - 897 tons 18 CITY OF SHOREWOOD, MINNESOTA DRAFT 2008 STORMWATER BUDGET October 2007 19 FUND: Stormwater Management SUBFUND: Stormwater Management FUND NO: 631 DESCRIPTION OF ACTIVITY: MISSION: To provide proper surface water and ground water management throughout the City. Activities include maintenance of storm sewer system, including cleaning of catch basins, dredging of drainage ditches and retention ponds, and minor repairs to system problem areas. Provides partial funding for larger subwatershed drainage projects. OBJECTIVES: To build and maintain a stable fund balance in order to be able to fund needed projects and to facilitate council priorities. HIGHLIGHTS/COMMENTS: Revenues: Stormwater Management Utility Charges -The 2008 budget does not contemplate any rate increase. The 2007 budget incuded a rate increase from a residential average $5 per quarter to $15 per quarter. Misc. Revenue includes interest income and other misc. revenue (cell antenna revenue) Transfers from the General Fund ($25,000 - 2007 & 2008) Expenses: Staffing: .15 Dir of Pub Wks .05 City Engineer .25 Engineer Technician .06 Senior Accounting Clerk Supplies/Materials: Drainage Correction/Maintenance Materials Support Services: Engineering Contractual Services for drainage correction Contractual Services Contractual Services for seasonal pumping expense as needed ($10,000 - 2008) Includes $40,000 for CSMP Updates (required via Met Council Comp Plan) - 2008 Debt Service: Repayment of Internal Loan to Sewer Fund for land purchase (Balance outstanding at end of 2007: $0) Capital Outlay: No projects planned for 2008 20 FUND: #631 FUND: Stormwater Management Utility BUDGET Actual Actual ITEM 2005 2006 DEPT # 49600 Budget YTD Sept Proposed Adopted 2007 2007 2008 2008 $$ Change Change REVENUE Grant Proceeds 0 0 60,000 0 0 0 {:J0.0!}^1 -100.00% Special Assessments 0 0 0 0 0 0 0 0.00% Charges for Service 69,637 69,177 195,000 62,079 195,000 0 0 0.00% Misc. Revenue 40,399 72,323 35,000 8,554 33,000 0 (2,CJ00) -5.71 Transfers 7,000 25,000 25,000 0 25,000 0 0 0.00% TOTAL REVENUE & 117,036 166,500 315,000 70,633 253,000 0 (02;000} -19.68% OTHER SOURCES EXPENSES Staffing 9,439 10,193 9,242 16,647 47,880 0 38,638 418.07% Supplies/Materials 979 1,871 3,200 249 6,700 0 3,500 109.38% Support Services 57,550 62,566 105,000 19,506 79,100 0 (25,90(}} -24.67% Charges & Fees 0 0 0 0 0 0 0 0.00% Other -Debt Service 35,918 4,438 52,500 0 0 0 {52,5(}il) -100.00% Capital Outlay 0 90,056 141,000 638 0 0 (141,Of)0} -100.00% Transfers 0 0 0 0 0 0 0 0.00% TOTAL EXPENSES 103,886 169,125 310,942 37,039 133,680 0 ('l 11,262} -57.01% SERVICE INDICATORS: CASH FLOW IMPACT: Beginning Cash Balance 292,084 300,316 275,950 275,950 280,008 280,008 Revenues 117,036 166,500 315,000 70,633 253,000 0 Expenditures (103,886) (169,125) (310,942) (37,039) (133,680) 0 Other Cash Flow Impacts (4,918) (21,741) 0 0 0 0 Ending Cash Balance 300,316 275,950 280,008 309,545 399,328 280,008 STAFFING: Dirof Pub Wks - - - 0.0 .15 City Engineer - - - .045 .05 Engineer Technician - .07 - .21 .25 Lt. Equip. Oper./Foreman .10 .00 .10 .0 .0 Sr. Acctg. Clerk .05 .085 .05 .05 .06 21 City of Shorewood, Minnesota Capital Irn~~~ovef~ie~zt Progrcaln 2007 thru 2011 PROJECTS BY DEPARTMENT Department Project# Priority 2007 2008 2009 2010 2011 Total ~Stormwater Management ~ Water Management Plan STM-07-06 2 78,000 78,000 AmleelManitou/Glen Road Drainage STM-OS-01 1 541,000 541,000 --- Harding Lane Drainage STM-09-01 1 97,000 - 97,000 Stratford PI Drainage STM-09-02 1 30,000 30,000 Lake South Auto Drainage STM-09.03 1 21,000 21,000 5830 Echo Rd Drainage STM-09.04 1 33,000 33,000 6180 Chaska Rd Drainage STM-09-05 1 4,000 4,000 Meadowview Rd Storm STM-10-Oi 3 15,000 15,000 Nelsine Dr Drainage STM-10-02 1 16,000 16,000 6180 Murray Drainage STM-10-03 1 36,000 36,000 5925 Grant Drainage STM-10-04 1 49,000 49,000 Lake Mary Outlet STM-1 f-02 1 505,000 505,000 Star Circle Storm STM-11-03 3 89,000 89,000 Rampart Ct. Drainage STM-11-04 1 8,000 8,000 Stormwater Management Total 78,000 541,000 185,000 116,000 602,000 1,522,000 GRAND TOTAL 76,000 541,000 185,000 116,000 so2,oo0 1,522,000 Friclai. October 2~. 3UOi 22 (I7Y OF SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Public Works Director FROM: James Landini, City Engineer ~~ z DATE: October 25, 2007 RE: Storm Water Pollution Prevention Program (SWPPP) As part of the federal Clean,Water Act, the City of Shorewood is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. The City first received this permit in 2003, at which time the City completed a Storm Water Pollution Prevention Program (SWPPP). Due to a legal challenge, the Minnesota Pollution Control Agency (MPCA) has been required to make changes to the 2003 permit. As you may recall, we submitted our new application permit to MPCA prior to the June 1, 2006 deadline. The MPCA has reviewed the application, public review and comment was completed on February 14, 2007, and we await issuance of the new permit. Until this process is completed and a new permit is issued, the current permit will remain in effect. The current and new permits require Best Management Practices, referred to as BMPs, for each Minimum Control Measure, referred to as MCM. There are six MCMs listed as follows: 1. Public education and outreach; 2. Public participation; 3. Illicit discharge detection and elimination; 4. Construction site Stormwater runoff control; 5. Post-construction Stormwater management in new development and redevelopment; 6. Pollution prevention /good housekeeping for municipal operations. To comply with the new permit I have estimated the annual compliance time burdens the City will incur. Some of the annual time burdens include: MCM 1 education and outreach: approximately 50 hours. Aimual public meeting, articles in the Shore Report, education workshops, SWPPP web page. MCM 2 Public participation: approximately 40 hours. Notice of annual public meeting, record of decision, collect comments on SWPPP. ®~ t~'®~0 PRINTED ON RECYCLED PAPER ~ ~" MCM 3 Illicit discharge: approximately 500 hours. Clean up illegal dumping (appliances), inspect City for illicit discharges (daily visual inspections), City spring clean up day. MCM 4 Construction Site Stormwater ninoff control: approximately 400 hours. Building permit erosion control inspections, Watershed District erosion control inspections, complaint inspections, and plan review. MCM 5 Post Construction Storm Water management: approximately 150 hours. Plan review, Watershed District plan review, review and inspect long term operation and maintenance of BMPs. MCM 6 Pollution prevention /good housekeeping: approximately 1000 hours. The permit requires inspection of all structural pollution control devices, and a minimum of 20% of the MS4 outfalls, sediment basins, and ponds. We have 1,290 located structures, 39 sediment basins, 21 ponds, and 31 structural pollution control devices. Staff is also required to inspect stockpiles, repair erosion, vacuum structures, sweep streets, and educate staff. New Permit: The new permit states we are to reduce the discharge of pollutants from the storm sewer system to the Maximum Extent Practicable. The new permit, which has not been issued, has many mandates to be completed by May 31, 2011. We have met some of the requirements and need to meet the rest. Some of the items that are complete and evolving are: a map of the storm sewer system, public education and outreach, and public participation. Some of the items that need to be completed are: ordinance or other regulatory mechanism to detect and eliminate illicit discharges, record keeping, and an ordinance or other regulatory mechanism to address post-construction runoff from New Development and Redevelopment. The new permit exempts most of Shorewood's construction activity due to size. The permit starts at one acre projects. Most of Shorewood's activity falls below this level. This below one acre construction activity is having an effect on quantity and quality of stormwater. I have been working with the Joe Pazandak, the Building Inspector, to have builders that are doubling the imperviousness of redevelopment sites to manage their additional runoff. The MPCA is evaluating our progress with the annual report that is due June 30 of each year. The EPA is evaluating the MPCA's implementation of the program with audits. The EPA is auditing at least two municipalities in 2007. Some of the penalties for non-compliance are fines, building permit sanctions, and grant award withholding. These areas have not been tested on the municipality permit. Penalties from non-compliance with the construction permit historically have included fines, restoration mandates, stop work orders, and permit sanctions. Impaired Waters: In June the City Council asked about monitoring the impaired waters list. The draft 2008 list of impaired waters include: ® Minnehaha Creels for Aquatic Life and Aquatic Recreation ® Lake Minnetonka for Aquatic Recreation and Mercury ® Christmas Lalce for Mercury. The 2006 list of impaired waters includes: Christmas Lake for Aquatic Consumption Minnehaha Creek for Aquatic Life Lake Minnetonka for Aquatic Consumption. Projects directly discharging to these areas have different requirements listed in the Construction SWPPP. Preliminary Work Plan for Full Compliance: Goals for 2007 are to implement documentation and tracking procedures for inspections of outfalls, structural pollution control devices, sediment basins, and ponds. Goals for 2008 would be to develop an ordinance or other regulatory mechanism for Illicit Discharge and detection. Implement documentation and tracking procedures for the inspections. Goals for 2009 would be to review planning and zoning policies and update as needed to comply with the Post Construction Stormwater management MCM. Implement long-term operation and maintenance of BMPs. Goals for 2010 would be to perform a City audit of the program to ensure all the requirements are met for the 2011 deadline. Attached are a copy of the new permit from the MPCA, and a copy of a Model Illicit Discharge and Connection Stormwater Ordinance for discussion. 1 of 33 Pernut No: MNR040000 Minnesota Pollution Control Agency v~ GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORM WATER ASSOCIATED WITH MUNICIPAL SEPARATE STORM SEWER SYSTEMS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM PERMIT PROGRAM EFFECTIVE DATE: June 1, 2006 EXPIRATION DATE: May 31, 2011 In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et seq.; hereinafter, the "Act"}, 40 CFR 122, 123, and 124, as amended, et seq.; Minnesota Statutes Chapters 115 and 116, as amended, and Minnesota Rules Chapter 7001. This permit establishes conditions for discharging Storm Water and, specific other related discharges to Waters of the State. This permit is required for discharges that are from Small Municipal Separate Storm Sewer Systems, as defined in this permit. Upon approval by the Commissioner applicants who submit a completed application in accordance with the requirements of this permit, are authorized to discharge Storm Water from Small Municipal Separate Storm Sewer Systems, under the terms and conditions of this ner~it. /~ _ ~7 Signature: Sheryl A. Corrigan Commissioner Minnesota Pollution Control Agency Issuance Date: 3~,~~0'6 Tf You have questions on this permit, including the specific permit requirements, permit reporting or permit compliance status, please contact the appropriate Minnesota Pollution Control Agency offices. Storm Water Management Unit Storm Water Section Municipal Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Phone (651) 296-6300, or Toll free in MN 800-657-3864 Fax (651) 297-2343 2 of 33 Permit No: MNR040000 Table of Contents Pale I. Permit Goals ................................................................................................................3 II. Coverage Under This Permit ..................................................................................... 3 III. Application Requirements (Notice of Intent) ........................................................... 5 IV. Rights and Responsibilities ........................................................................................ 6 V. Storm Water Pollution Prevention Program ........................................................... 7 VI. Evaluating, Recordkeeping and Reporting .............................................................. IS VII. Appendix A: Standard Conditions ........................................................................... 17 VIII.Appendix B: Definitions ............................................................................................ 20 IX. Appendix C: Limitations on Coverage .................................................................... 25 X. Appendix D: Nondegradation far Selected MS4s ................................................... 30 XI. Appendix E: Selected MS4s ...................................................................................... 33 r 3 of 33 Permit No: MNR040000 PART I. PERMIT GOALS The primary goal of this permit is to restore and maintain the chemical, physical, and biological integrity of Waters of the State through management and treatment of urban Storm Water runoff. This is accomplished by management of Municipal Separate Storm Sewer Systems through a Storm Water Pollution Prevention Program. The purpose is to maintain water quality standards where there is compliance, and help bring waters that do not meet water quality standards into compliance. It should be noted that when there is a discharge to waters where there are limitations on coverage (Part II.B), there may be more stringent requirements that must be addressed. You may also voluntarily adopt more stringent measures to meet local goals. PART II. COVERAGE UNDER THIS PERMIT A. Eligibility This permit, including appendices, authorizes discharges of Storm Water from Small Municipal Separate Storm Sewer Systems as defined in 40 CFR § 122.26(b)(16). B. Limitations on Coverage This permit does not authorize discharges other than Storm Water. Non- Storm Water discharges may include: combined sewer overflow, noncontact cooling water, sewage, wash water, scrubber water, spills, oil, hazardous substances, fill, commercial equipment/vehicle cleaning and maintenance wastewaters. A separate National Pollutant Discharge Elimination System (NPDES) permit may be required for these discharges. 2. This permit does not authorize the discharge of Storm Water when a separate NPDES permit is required for these activities. For example, while Storm Water from industrial activity or construction activity may be discharged from a MS4 with authorized Storm Water discharges, this permit does not replace or satisfy any other permits required for those discharges. This permit does not authorize the discharge of Storm Water from any other entity located in the drainage area or outside the drainage area. Only your system and the portions of the storm sewer system that are under your operational control are authorized by your permit. 4. This permit does not authorize the following discharges as described in Appendix C unless the requirements of Part IX (Appendix C) are met: a. Discharges to waters with Prohibited Discharges as defined in Minn. R. 7050.0180, subp. 3, 4, and 5. 4 of 33 Permit No: MNR040000 b. Discharges to waters with Restricted Discharge as defined in Minn. R. 7050.0180, subp. 6, 6a, and 6b. c. Discharges to Trout Waters as defined in Minn. R. 6264.0050, subp. 2 and 4. d. Discharges to Wetlands as defined in Minn. R. 7050.0130, subp. F (see also Minn. R. 7050.0186). Discharges requiring Environmental Review required by Minn. Stat. ch. 116D and 42 U.S.C. §§ 4321 - 4370 f. f. Discharges Affecting Threatened or Endangered Species or Their Habitat. g. Discharges Affecting Historic or Archeological Sites. h. Discharges Affecting Source Water Protection Areas. 5. This permit does not allow discharges if the requirements of Part X (Appendix D) and schedule of Part XI (Appendix E) are applicable, unless the MS4 is in compliance with those appendices. C. Obtaining Authorization In order for Storm Water discharges from Small Municipal Separate Storm Sewer Systems to be authorized to discharge under this General Permit: 1. Submit an application with the Storm Water Pollution Prevention Program You intend to implement under this permit, in accordance with the requirements of Part III, using a form provided by the Commissioner (or a facsimile thereof). 2. Where the ownership or significant operational control of the MS4 changes, after the submittal of an application under Part III, a new application must be submitted in accordance with Part III. The Commissioner will review the application and Storm Water Pollution Prevention Program for completeness and compliance with this permit. The Commissioner shall determine whether to approve coverage or to deny coverage to dischargers who submit a complete application. In accordance with the procedures of this permit and requirements of Minn. R. ch. 7001, the Commissioner shall provide public notice with the opportunity for hearing on the determination. Upon approval by the Commissioner, dischargers are authorized to discharge Storm Water from Small Municipal Separate Storm Sewer Systems under the terms and conditions of this permit. 5 of 33 Permit No: MNR040000 4. The Commissioner may deny coverage under this permit and require submittal of an application for an individual NPDES permit based on a review of the application or other information, in accordance with Minn. R. ch. 7000 and 7001. PART III. APPLICATION REQUIREMENTS (Notice of Intent) A. Deadlines for Application If You are an Owner or Operator of a Small Municipal Separate Storm Sewer System regulated under 40 CFR § 122.32(a)(1), You must apply to obtain coverage under this permit within 90 days after the permit issuance date on page I of this permit. If You fail to make the application deadline, You are out of compliance and must submit an application. The Owner or Operator of an MS4 that is not designated for coverage by federal rules, but has been designated under Minn. R. ch. 7090, must apply by the date specified in the Commissioner's designation documents. B. Signature The Application shall be signed in accordance with application forms provided by the Commissioner and shall include the following information: The street address, county, and the Owner or Person with operational control of the MS4 for which the notification is submitted; and 2. The name, address, and telephone number of the individual responsible for overall permit compliance. C. Application Attachment: Storm Water Pollution Prevention Program The proposed Storm Water Pollution Prevention Program for implementing the permit shall be attached to the application on forms provided by the Commissioner (or reasonable facsimiles), including: 1. The Best Management Practices or BMPs that You will implement for each of the Storm Water minimum control measures at Part V.G of this permit; 2. The measurable goals for each of the BMPs, including, as appropriate, the months and years in which You will undertake required actions, including interim milestones and the frequency of the action, in narrative or numeric form, as appropriate; 3. Estimated timeline(s) (months, years) in which You will implement each BMP; and 6 of 33 Permit No: MNR040000 4. Individual(s) responsible for implementing and/or coordinating each component of the Storm Water Pollution Prevention Program. This should be the individual You want the Agency to contact for the particular component; it may be the overall coordinator or other individual. D. Where to Submit Applications signed in accordance with Part III.B of this permit, Storm Water Pollution Prevention Programs submitted under Part IILC, annual reports under Part VLD, and submittals under Appendices C, D, and E, are to be submitted to the Commissioner at the following address: Storm Water Management Unit Storm Water Section Municipal Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Phone (651) 296-6300, or Toll free in MN 800-657-3864 Fax (651) 297-2343 E. Record Retention The applicant shall retain copies of the permit application, the Storm Water Pollution Prevention Program, all data and information used by the applicant to complete the application, and any information developed as a requirement of this permit or as requested by the Commissioner, for a period of at least three (3) years beyond the date of permit expiration. This period is automatically extended during the course of an unresolved enforcement action regarding the MS4 or as requested by the Commissioner. PART IV. RIGHTS AND RESPONSIBILITIES A. The Commissioner may modify this permit or issue other permits, in accordance with Minn. R. ch. 7001, to include more stringent effluent limitations or permit requirements that modify or are in addition to the minimum control measures in Part V.G of this permit, or both. These modifications may be based on the Commissioner's determination that such modifications are needed to protect water quality. B. Additional MS4s may be designated for coverage under this permit in accordance with Minn. R. ch. 7090. The Owner or Operator of an MS4 that is designated for coverage must comply with the permit requirements by the dates specified in the Commissioner's designation documents. 7 of 33 Permit No: NINR040000 C. You may request individual permits based on Minn. R. ch. 7000, 7001, and other applicable rules. D. Section 303(d) listings and Total Maximum Daily Load (TMDL) If your MS4 discharges to a Water of the State that appears on the current USEPA approved list of impaired waters under Section 303(d) of the Clean Water Act (33 U.S.C. § 303 (d)), You must review whether changes may be warranted in your Storm Water Pollution Prevention Program to Reduce the impact of your discharge. If aUSEPA-approved TMDL(s) has been developed, You must review the adequacy of your Storm Water Pollution Prevention Program to meet the TMDL's Waste Load Allocation set for Storm Water sources. If the Storm Water Pollution Prevention Program is not meeting the applicable requirements, schedules and objectives of the TMDL, You must modify your Storm Water Pollution Prevention Program, as appropriate, within 18 months after the TMDL Waste Load Allocation is approved. PART V. STORM WATER POLLUTION PREVENTION PROGRAM A. You must develop, implement, and enforce a Storm Water Pollution Prevention Program designed to Reduce the discharge of pollutants from your Small MS4, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. Upon approval by the Commissioner, the Storm Water Pollution Prevention Program shall be implemented as specified in the permit or in the Commissioner's approval letter. B. Your Storm Water Pollution Prevention Program must be designed and managed to Reduce the discharge of pollutants from your storm sewer system to the Maximum Extent Practicable (MEP). You must manage your municipal storm sewer system in compliance with the Clean Water Act and with the terms and conditions of this permit. You must manage, operate, and maintain the storm sewer system and areas You control that discharge to the storm sewer system in a manner to Reduce the discharge of pollutants to the MEP. The Storm Water Pollution Prevention Program will consist of a combination of Best Management Practices, including education, maintenance, control techniques, system design and engineering methods, and such other provisions as You determined to be appropriate, as long as the BMPs meet the requirements of this permit. C. You shall submit an annual report on the implementation of the Storm Water Pollution Prevention Program by June 30 of each year, or on another later date if established for your MS4 by the Commissioner. The report shall cover the entire previous calendar year, in accordance with the reporting requirements of Part VI.D. D. Your Storm Water Pollution Prevention Program must include BMPs that control or Reduce pollutants, as appropriate for your community. In the development of BMPs for your Storm Water Pollution Prevention Program, 8 of 33 Permit No: MNR040000 You must consider the sources of pollutants, the potentially polluting activities being conducted in the watershed, and the sensitivity of the receiving waters. For MS4s that have discharges to waters listed in Part II.B.4, see Part IX (Appendix C) for additional requirements. For MS4s listed in Part XI (Appendix E), see Part X (Appendix D) for additional requirements. E. For each minimum control measure, there shall be a description of the BMPs for this measure, responsible department in charge, an implementation schedule, including any request by You for consideration by the Commissioner of an extension or exemption from any deadlines and timelines set forth in this permit, and measurable goals that will be used to determine the success or benefits of the BMPs. F. The Storm Water Pollution Prevention Program shall become an enforceable part of this permit upon approval by the Commissioner. Modifications to the Storm Water Pollution Prevention Program that are required or allowed by this permit (see Part V.H) shall also become enforceable provisions. G. The six minimum control measures to be included in your Storm Water Pollution Prevention Program are listed below. You must define appropriate BMPs for these minimum control measures and measurable goals for each BMP. The Storm Water Pollution Prevention Program must include all BMPs required below, must include annual schedules or procedures for implementation, and, where appropriate, must be implemented or established in ordinance, plan or policy by June 30, 2010, unless other timelines have been specifically established in this permit Part V.G.I-6, or by the Commissioner under Part IV.B, or under other rules and authorities. Public education and outreach on Storm Water impacts. You must select and implement a program of appropriate BMPs and measurable goals for this minimum control measure consisting of, at minimum: a. You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of Storm Water discharges on water bodies and the steps that the public can take to Reduce pollutants in Storm Water runoff. b. You must specifically implement an education program that individually addresses each minimum control measure (Part V.G.1-6): 1) Public education and outreach; 2) Public participation; 3) Illicit discharge detection and elimination; 4) Construction site Storm Water runoff control; 9 of 33 Permit No: MNR040000 5) Post-construction Storm Water management in New Development and Redevelopment; and 6) Pollution prevention/good housekeeping for municipal operations. c. For each control measure, your education program must identify: 1) The audience or audiences involved; 2) Educational goals for each audience in terms of increased awareness, increased understanding, acquired skills, and/or desired changes in behavior; 3) Activities used to reach educational goals for each audience; 4) Activity implementation plans, including responsible department in charge, entities responsible for given activities, and schedules; and 5) Available performance measures that can be used to determine success in reaching educational goals. d. You must describe how your education program is coordinated with and makes effective use of other Storm Water education programs being conducted in your area by other entities as appropriate for your MS4, including, but not limited to: community groups, nonprofit organizations, lake conservation districts, soil and water conservation districts, watershed districts, watershed management organizations, school districts, University of Minnesota Extension, and county, regional, state, and federal government. e. You must hold at least one public meeting per year addressing the Storm Water Pollution Prevention Program. You must hold the public meeting prior to submittal to the Commissioner of the annual report required in Part VLD. I) Location. The public informational meeting must be held in the general vicinity of the MS4 that is the subject of the permit. Otherwise, the public informational meeting must be held in a place that is generally convenient to Persons expected to attend the meeting. 2) Notice. You must issue a notice of the public informational meeting at least 30 days prior to the meeting. The notice must contain a reference to the Storm Water Pollution Prevention Program, the date, time, and location of the public informational meeting; a concise description of the manner in which the public informational meeting will be conducted; and shall indicate the location where a copy of the Storm Water Pollution Prevention Program is available for public review. 3) Distribution of notice. You must publish the notice in a Newspaper of general circulation in the general vicinity of the 10 of 33 Permit No: MNR040000 MS4, and shall make available a copy of the notice to the Agency, the appropriate city and county officials, and all other Persons who have requested that they be informed of public meetings for the Storm Water Pollution Prevention Program. 4) Joint meetings. You may consolidate two or more matters, issues, or related groups of issues, or hold joint MS4 public meetings with other permittees to meet the requirements of this part. These public meetings may be part of a larger public meeting, such as a city council meeting, provided that adequate public notice and opportunity to participate is provided. 2. Public participation/involvement. You must select and implement a program of appropriate BMPs and measurable goals for this minimum control measure consisting of, at minimum: a. You must comply with applicable public notice requirements of Part V.G.l.e.2 when implementing the provisions of the Storm Water Pollution Prevention Program. b. You must solicit public input and opinion on the adequacy of the Storm Water Pollution Prevention Program, including input from the public meeting, described in Part V.G.1.e, each year prior to submittal of the annual report to the Commissioner, which is described in Part VLD. 1) You must afford interested Persons a reasonable opportunity to make oral statements concerning the Storm Water Pollution Prevention Program. 2) You must consider timely, relevant written materials that interested Persons submit concerning the Storm Water Pollution Prevention Program. 3) You may establish procedures and processes for each speaker's presentation, require speakers with similar views to select a spokesperson, specify the timing and format of written materials, or make similar rules to help ensure an opportunity for full and fair consideration of all views. c. You must consider the public input, oral and written, to the Storm Water Pollution Prevention Program and shall make adjustments You find appropriate. 3. Illicit discharge detection and elimination. You must develop, implement, and enforce a program to detect and eliminate illicit discharges as defined at 40 CFR § 122.26(b)(2) into your Small MS4. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure consisting of, at minimum: 11 of 33 Permit No: MNR040000 a. You must develop, if not already completed, a storm sewer system map by June 30, 2008, or on another date established by the Commissioner, showing the location of: 1) Ponds, streams, lakes and Wetlands that are part of your system; 2) Structural pollution control devices (grit chambers, separators, etc.) that are part of your system; 3) All pipes and conveyances in your system as a goal, but at minimum, those pipes that are 24 inches in diameter and over; and 4) Outfalls, including discharges from your system to other MS4s, or waters and Wetlands that are not part of your system (where You do not have operational control); structures that discharge storm water directly into groundwater; overland discharge points and all other points of discharge from your system that are outlets, but not diffuse flow areas. b. You must, to the extent allowable under law, effectively prohibit, through ordinance or Other Regulatory Mechanism, non-Storm Water discharges into your storm sewer system and implement appropriate enforcement procedures and actions. c. You must develop and implement a program to detect and address non- Storm Water discharges, including illegal dumping, to your system. d. You must inform employees, businesses, and the general public in your MS4 area of hazards associated with illegal discharges and improper disposal of waste. You must address the following categories of non-Storm Water discharges or flows (i.e., illicit discharges), only if You identify them as significant contributors of pollutants to your Small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR § 35.2005(b)(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and Wetlands, dechlorinated swimming pool discharges, and street wash water, discharges or flows from fire fighting activities. 4. Construction site Storm Water runoff control. Within six months after extension of coverage under this permit, You must have developed and must have commenced to implement and enforce a program to Reduce pollutants in any Storm Water runoff to your Small MS4 from construction activities 12 of 33 Permit No: MNR040000 within your jurisdiction that result in a land disturbance of greater than or equal to one acre. Controls on Storm Water discharges from construction activity disturbing less than one acre must be included in your program, if that construction activity is part of a larger Common Plan of Development or Sale that would disturb one acre or more. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure consisting of, at minimum: a. An ordinance or Other Regulatory Mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under law; b. Requirements for construction site operators to implement appropriate erosion and sediment control Best Management Practices; c. Requirements for construction site operators to control waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; d. Procedures for site plan review which incorporate consideration of potential water quality impacts; e. Procedures for receipt and consideration of reports of noncompliance or other information on construction related issues submitted by the public; and f. Procedures for site inspection and enforcement of control measures. Post-construction Storm Water management in New Development and Redevelopment. You must develop, implement, and enforce a program to address Storm Water runoff from New Development and Redevelopment projects within your jurisdiction that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger Common Plan of Development or Sale that discharge into your Small MS4 by June 30, 2008, or on another date established by the Commissioner. Your program must ensure that controls are in place that would prevent or Reduce water quality impacts. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure consisting of, at minimum: a. Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for your community; 13 of 33 Permit No: iv1N8040000 b. Use an ordinance or Other Regulatory Mechanism to address post- construction runoff from New Development and Redevelopment projects to the extent allowable under law; and c. Ensure adequate long-term operation and maintenance of BMPs installed as a result of these requirements. 6. Pollution prevention/good housekeeping for municipal operations. You must select and implement a program of appropriate BMPs and measurable goals for this minimum control measure consisting of, at minimum: a. An operation and maintenance program that includes a training component and has the ultimate goal of preventing or Reducing pollutant runoff from MS4 operations. Training materials that are available from the USEPA, state and regional agencies, or other organizations may be used as appropriate or modified for your community. Your program must include employee training to prevent and Reduce Storm Water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and Storm Water system maintenance. b. You must also: 1) Operate and maintain your Storm Water system in a manner so as to Reduce the discharge of pollutants to the Maximum Extent Practicable. 2) Inspect annually all structural pollution control devices, such as trap manholes, grit chambers, sumps, floatable skimmers and traps, separators, and other small settling or filtering devices. 3) Inspect, at minimum, 20% of the MS4 Outfalls, sediment basins and ponds each year on a rotating basis, during the effective period of this permit. 4) Inspect all exposed stockpile, storage and material handling areas at least annually. 5) Based on your inspection, determine if repair, replacement, or maintenance measures are necessary for proper operation and to prevent environmental impacts such as erosion. The necessary measures shall be completed as soon as possible, usually during the same year as the inspection. When this is not practicable, the reasons and a schedule for completion shall be submitted in the annual report. 6) Summarize the results of all inspections in the annual report. Keep records on the dates of inspection and responses to the inspections, including the date of completion of repairs and major additional protection measures. 14 of 33 Permit No: MNR040000 7) Keep records of inspection results, including as appropriate, the date, antecedent weather conditions, sediment storage and capacity remaining, and any maintenance performed or recommended. After two years of inspections, if patterns of maintenance become apparent, the frequency of inspections may be adjusted. If maintenance or sediment removal is required as a result of each of the first two annual inspections, the frequency of inspection shall be increased to at least two (2) times annually, or more frequently as needed to prevent carry-over or washout of pollutants from the structures and maximize pollutant removal. If maintenance or sediment removal is not required as a result of both of the first two (2) annual inspections, the frequency may be reduced to once every two (2) years. H. Modifications to the Storm Water Pollution Prevention Program The Commissioner may require You to modify the Storm Water Pollution Prevention Program as needed, in accordance with the procedures of Minn. R. ch. 7001, and may consider the following factors: a. Discharges from the storm sewer system are impacting the quality of receiving waters; b. More stringent requirements are necessary to comply with state or federal regulations; Measures are necessary to meet the applicable requirements of Appendices C and D, or d. Additional conditions are deemed necessary to comply with the goals and requirements of the Clean Water Act or water quality standards. 2. Modifications that You wish to make in your Storm Water Pollution Prevention Program, other than modifications allowed in Part H.3 below, must be approved by the Commissioner in accordance with the procedures of Minn. R. ch. 7001. All requests must be in writing, setting forth schedules for compliance. The request should discuss alternative program modifications, assure compliance with requirements of the permit, and meet other requirements of the permit and applicable laws. 3. The Storm Water Pollution Prevention Program may only be modified by You without prior approval of the Commissioner, provided it is in accordance with the following: A BMP is added, and none subtracted, from the Storm Water Pollution Prevention Program; or 15 of 33 Permit No: MNR040000 b. A less effective BMP identified in the Storm Water Pollution Prevention Program is replaced with amore effective BMP. The alternate BMP shall address the same, or similar, concerns as the ineffective or failed BMP; and The Commissioner is notified of the modification in the annual report for the year the modification is made. PART VI. EVALUATING, RECORDKEEPING AND REPORTING A. Evaluation and Assessment For each annual report, You must evaluate program compliance, the appropriateness of your identified Best Management Practices, and progress towards achieving your identified measurable goals. B. Recordkeeping You must keep records required by the NPDES permit for at least three (3) years beyond the term of the permit. You must submit your records to the Commissioner only if specifically asked to do so. C. Public Availability You must make your records, including your Storm Water Pollution Prevention Program, available to the public at reasonable times during regular business hours (see 40 CFR § 122.7 for confidentiality provision). You may assess a reasonable charge for copying. You may require a member of the public to provide advance notice. D. Annual Reporting You must submit annual reports to the MPCA by June 30 of each year. The report must cover the entire previous calendar year. Your annual report must summarize: 1. The status of compliance with permit conditions, including an assessment of the appropriateness of your identified Best Management Practices and progress towards achieving your identified measurable goals for each of the minimum control measures. Your assessment must be based on results of information collected and analyzed, including monitoring (if any), inspection findings, and public input received during the reporting period; 2. The Storm Water activities You plan to undertake during the next reporting cycle; 3. A change in any identified Best Management Practices or measurable goals for any of the minimum control measures; and 16 of 33 Permit No: MNR040000 4. A statement that You are relying on another entity to satisfy some of your permit obligations (if applicable), and what agreements You have entered into in support of this effort. E. Reporting Submittals The applications, annual reports, Storm Water Pollution Prevention Program, and other submittals required by this permit shall be submitted to: Storm Water Management Unit Storm Water Section Municipal Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul,lviN 55155-4194 17 of 33 Permit No: MNR040000 PART VII. APPENDIX A: STANDARD CONDITIONS A. The Agency's issuance of a permit does not release the permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit. B. The Agency's issuance of a permit does not prevent the future adoption by the Agency of pollution control rules, .standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the permittee. C. The permit does not convey a property right or an exclusive privilege. D. The Agency's issuance of a permit does not obligate the Agency to enforce local laws, rules, or plans beyond that authorized by Minnesota statutes. E. The permittee shall perform the actions or conduct the activity authorized by the permit in accordance with the plans and specifications approved by the Agency and in compliance with the conditions of the permit. F. The permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The permittee shall install and maintain appropriate backup or auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically and economically feasible. G. The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the Agency or to the Commissioner by the permit. The permittee shall immediately upon discovery report to the Commissioner an error or omission in these records, reports, plans, or other documents. H. The permittee shall, when requested by the Commissioner, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility covered by the permit or regarding the conduct of the activity covered by the permit. I. When authorized by Minn. Stat. §§ 115.04; 115B.17, subd. 4; and 116.091, and upon presentation of proper credentials, the Agency, or an authorized employee or agent of the Agency, shall be allowed by the permittee to enter at reasonable times 18 of 33 Permit No: NINR040000 upon the property of the permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit. J. If the permittee discovers, through any means, including notification by the Agency, that noncompliance with a condition of the permit has occurred, the permittee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance. K. If the permittee discovers that noncompliance with a condition of the permit has occurred which could endanger human health, public drinking water supplies, or the environment, the permittee shall, within 24 hours of the discovery of the noncompliance, orally notify the Commissioner. Within five days of the discovery of the noncompliance, the permittee shall submit to the Commissioner a written description of the noncompliance; the cause of the noncompliance; the exact dates of the period of the noncompliance; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. L. The permittee shall report noncompliance with the permit not reported under item K as a part of the next report, which the permittee is required to submit under this permit. If no reports are required within 30 days of the discovery of the noncompliance, the permittee shall submit the information listed in item K within 30 days of the discovery of the noncompliance. M. The permittee shall give advance notice to the Commissioner as soon as possible of planned physical alterations or additions to the permitted facility (MS4) or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or a condition of the permit. N. The permit is not transferable to any Person without the express written approval of the Agency after compliance with the requirements of Minn. R. 7001.0190. A Person to whom the permit has been transferred shall comply with the conditions of the permit. O. The permit authorizes the permittee to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state and Agency assume no responsibility for damage to Persons, property, or the environment caused by the activities of the permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under the permit. To the extent the state and Agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minn. Stat. § 3.736. 19 of 33 Permit No: MNR040000 P. This permit incorporates by reference the applicable portions of 40 CFR §§ 122.41 and 122.42 parts (c) and (d) and Minn. R. 7001.1090, which are enforceable parts of this permit. 20 of 33 Permit No: MNR040000 PART VIII. APPENDIX B: DEFINITIONS The definitions in this Part are for purposes of this permit only. "Agency" or "Agency members" means the Commissioner and the eight persons appointed to the Minnesota Pollution Control Agency, pursuant to Minn. Stat. § 116.02, subd. 1. "Best Management Practices" or "BMPs" means practices to prevent or Reduce the pollution of the Waters of the State, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. "Commissioner" means the Commissioner of the Minnesota Pollution Control Agency or the Commissioner's designee. "Common Plan Of Development Or Sale" means a contiguous area where multiple separate and distinct construction activities are planned to occur at different times on different schedules under one plan, for example, a housing development of five one- quarter-acre lots (40 CFR § 122.26(b)(15)(i)). "Designated MS4" means an MS4 designated in accordance with Minn. R. ch. 7090. "EPA" means the U.S. Environmental Protection Agency. "Expanded Discharge" means a discharge that changes in volume, quality, location, or any other manner after January 1, 1988 or the effective date an outstanding resource value water was designated as described in Minn. R. 7050.0460 and 7050.0470, such that an increased loading of one or more pollutants results. In determining whether an increased loading of one or more pollutants would result from the proposed change in the discharge, the Agency shall compare the loading that would result from the proposed discharge with the loading allowed by the Agency as of January 1, 1988 or the effective date of outstanding resource value water designation. This definition does not apply to the discharge of bioaccumulative chemicals of concern, as defined in Minn. R. 7052.0010, subp. 4, to outstanding resource value waters in the Lake Superior Basin. For purposes of Minn. R. 7050.0180, an expanded discharge of a bioaccumulative chemical of concern to an outstanding resource value water in the Lake Superior Basin is defined in Minn. R. 7052.0010, subp. 18. "General Permit" means a permit issued under Minn. R. 7001.0210 to a category of permittees whose operations, emissions, activities, discharges, or facilities are the same or substantially similar. "Maximum Extent Practicable" "MEP" is the statutory standard (33 U.S.C. § 1342(p)(3)(B)(iii)) that establishes the level of pollutant reductions that an Owner or 21 of 33 Permit No: MNR040000 Operator of Regulated MS4s must achieve. The USEPA has intentionally not provided a precise definition of MEP to allow maximum flexibility in MS4 permitting. The pollutant reductions that represent MEP may be different for each Small MS4, given the unique local hydrologic and geologic concerns that may exist and the differing possible pollutant control strategies. Therefore, each permtttee will determine appropriate BMPs to satisfy each of the six minimum control measures through an evaluative process. The USEPA envisions application of the MEP standard as an iterative process. "MPCA" means the Minnesota Pollution Control Agency. "MS4" means a Municipal Separate Storm Sewer System. "Municipal Separate Storm Sewer System" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 1. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, Storm Water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management Agency under section 208 of the CWA (33 U.S.C. § 1288) that discharges to waters of the United States; 2. Designed or used for collecting or conveying Storm Water; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR § 122.2. "New Development" means construction activities that create new impervious surface. "New Discharge" For all waters that are not outstanding resource value waters New Discharge means a discharge that was not in existence before January 1, 1988. For outstanding resource value waters New Discharge means a discharge that was not in existence on the effective date the outstanding resource value water was designated as described in Minn. R. 7050.0460 and 7050.0470. "Newspaper" means a publication containing news of general interest in the vicinity of the MS4. It can include other publications if the distribution includes the general population of potentially interested parties. "Notice of Intent" as referenced in the USEPA documents is synonymous with the term "permit application" for the purposes of this permit. 22 of 33 Permit No: MNR040000 "Other Regulatory Mechanism" means any legally enforceable document, such as a contract or other agreement that has penalties such as withholding payments, fines or other measures to prevent non compliance. "Operator" means the Person with primary operational control and legal responsibility for the Municipal Separate Storm Sewer System. "Outfall" means the point source where a Municipal Separate Storm Sewer System discharges from a pipe, ditch, or other discrete conveyance to receiving waters, or to other Municipal Separate Storm Sewer Systems. It does not include diffuse runoff or conveyances which connect segments of the same stream or water systems. "Owner" means the Person that owns the Municipal Separate Storm Sewer System. "Person" means the state or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, association, commission or any interstate body, and includes any officer or governing or managing body of any municipality, governmental subdivision, or public or private corporation, or other entity. "Physical Alteration" except as used in Part VII.M, means the dredging, filling, draining, or permanent inundating of a Wetland. Restoring a degraded Wetland by reestablishing its hydrology is not a Physical Alteration. "Rebuttable Presumption" is a presumption that may be rebutted by the evidence. "Record of Decision" means a record of the comments and the permittee's response to comments where such record is required in this permit. "Redevelopment" refers to alterations of a property that change the "footprint" of a site or building in such a way that results in the disturbance of equal to or greater than one (1) acre of land. The term is not intended to include such activities as exterior remodeling, which would not be expected to cause adverse Storm Water quality impacts and offer no new opportunity for Storm Water controls. "Reduce" means Reduce to the "Maximum Extent Practicable" unless otherwise defined in the context in which it is used. "Regulated MS4" means an MS4 that is regulated pursuant to 40 CFR § 122.32(a)(1), or an MS4s that is designated for coverage by the Commissioner. "Selected MS4" means MS4s listed in Part XI (Appendix E). "Small Municipal Separate Storm Sewer System" means all separate storm sewers that are: 23 of 33 Permit No: MNR040000 Owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, Storm Water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States. 2. Not defined as "large" or "medium" Municipal Separate Storm Sewer Systems pursuant to 40 CFR § 122.26 paragraphs (b)(4) and (b)(7) or designated under paragraph (a)(1)(v). 3. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings. "Small MS4" means a Small Municipal Separate Storm Sewer System. "Storm Water" means Storm Water runoff, snowmelt runoff, surface runoff and drainage. "Storm Water Pollution Prevention Program" or "SWPPP" is a compilation of BMPs to address the six minimum control measures and other provisions of the MS4 permit, that is designed and managed to Reduce the discharge of pollutants from your MS4 to the Maximum Extent Practicable as appropriate to your community. "Total Maximum Daily Load" or "TMDL" is the process established by the USEPA for the allocation of pollutant loads, including Storm Water, to a particular water body or reach of a water body. "USEPA" or "EPA" means the U.S. Environmental Protection Agency. "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. "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: 24 of 33 Permit No: 1V1NR040000 1. A predominance of hydric soils; 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 Under normal circumstances support a prevalence of such vegetation. "You" means the Owner, Operator or permittee as appropriate. 25 of 33 Permit No: MNR040000 PART IX. APPENDIX C: LIMITATIONS ON COVERAGE Contents ofAppendix C: A. Discharges to Waters With Prohibited Discharges (pages 25-26) B. Discharges to Waters With Restricted Discharges (pages 26-28) C. Discharges to Trout Waters (page 28) D. Discharges to Wetlands (page 28) E. Discharges Requiring Environmental Review (page 28) F. Discharges Affecting Threatened or Endangered Species or Their Habitat (page 29) G. Discharges Affecting Historic or Archeological Sites (page 29) H. Discharges Affecting Source Water Protection Areas (page 29) This part describes more stringent requirements for discharges that meet the following specified criteria, A through H. Whenever two or more requirements, restrictions, or prohibitions apply, both or all must be met. Whenever two or more requirements, restrictions or prohibitions conflict, the more restrictive conditions must be met. A. Discharges to Waters with Prohibited Discharges (Minn. R. 7050.0180, subp. 3, 4 and S). This permit does not authorize New or Expanded Discharges to waters, or discharges adversely impacting waters, where the applicable water quality standards prohibit New or Expanded Discharges as described in Minn. R. 7050.01$0, subp. 3, 4, and 5 unless the following requirements are met: List. You must identify as part of your application for permitthe Waters with Prohibited Discharges to which your MS4 discharges. The list must be included with your application, to be submitted within 90 days after the permit effective date on page l of this permit or for Designated MS4s in accordance with Part IV.B. 2. Map. You must mark on U.S.G.S. watershed or topographic maps of 1:24,000 scale or better at minimum the DNR minor subwatersheds in your jurisdiction that discharge in whole or in part to Waters with Prohibited Discharges. You must provide a narrative estimate of the percent impervious surface based on current land use, the percent expected future impervious surface based on zoning or comprehensive plans, and other information that may significantly affect your runoff to the listed waters. The map must be included with your application, to be submitted within 90 days after the permit 26 of 33 Permit No: MNR040000 effective date on page 1 of this permit or for Designated MS4s in accordance with Part IV.B. Assessment. You must then assess how your Storm Water Pollution Prevention Program can be reasonably modified to eliminate New or Expanded Discharges to Waters with Prohibited Discharges. This assessment must be developed for New or Expanded Discharges created from 1988 until the year 2020. You must present this assessment, together with your proposed changes to your Storm Water Pollution Prevention Program, for public comment during the annual public comment period required in the permit, prior to your first annual report (see Part VLD) or prior to the schedule in Appendix E for Selected MS4s. 4. Assessment Submittal. You must submit the assessment from Part IX.A.3 above, including your response to any public comments and proposed changes to your Storm Water Pollution Prevention Program, (a) with your first annual report, (b) on another later date if established for your MS4 by the Commssioner, or (c) in accordance with the schedule in Appendix E for Selected MS4s. The assessment will be reviewed by the Commissioner, who will provide opportunity for public input and hearing prior to denial or approvalof your proposed Storm Water Pollution Prevention Program. The MPCA reserves the right to incorporate as much available information as possible in the decision making process, including the right to independently develop and evaluate potential alternatives to the discharge. 5. Implementation. You must implement your approved plan, including all approved BMPs, in accordance with the schedule in the approved Storm Water Pollution Prevention Program. B. Discharges to Waters with Restricted Discharges (Minn. R. 7050.0180, subp.6, 6a, and 6b). This permit does not authorize New or Expanded Discharges to waters where the applicable water quality standards restrict New or Expanded Discharges, unless such discharges are in accordance with Minn. R. 7050.0180, subpart 6, 6a, and 6b, and other applicable rules, and the following requirements. For MS4s that have discharges to outstanding resource value waters listed in Minn. R. 7050.0180, subp. 6, 6a or 6b (listed waters, or Waters with Restricted Discharges), the MPCA makes a Rebuttable Presumption that those MS4s have or will create a New or Expanded Discharge to a listed water. The following requirements create a schedule to bring discharges to listed waters into compliance: 1. In order to allow a New or Expanded Discharge to Waters with Restricted Discharges, the MPCA must determine that there are no prudent and feasible alternatives to the New or Expanded Discharge. The determination will be based on your demonstration. This demonstration should include, but is not limited to developing a plan to address prudent and feasible alternatives to the discharge. If You intend to argue that there are no prudent and feasible Page 27 of 33 Permit No: MNR040000 alternatives to the discharge to these waters, You must develop a plan to restrict the discharge to the extent necessary to preserve the existing high quality, or to preserve the wilderness, scientific, recreational, or other special characteristics that make the listed water an outstanding resource value water. 2. Here are the specific actions You must take: a. List: You must identify as part of your application for permit the waters with restricted discharges to which your MS4 discharges. The list must be included with your application, to be submitted within 90 days after the permit effective date on page 1 of this permit or for Designated MS4s in accordance with Part IV.B. b. Map. You must mark on U.S.G.S. watershed or topographic maps of 1:24,000 scale or better at minimum the DNR minor subwatersheds inyour jurisdiction that discharge in whole or in part to waters with restricted discharges. You must provide a narrative estimate of the percent impervious surface based on current land use, the percent of future expected impervious surface based on zoning or comprehensive plans, and other information that may significantly affect your runoff to the listed waters. You must submit this map with your application within 90 days after the permit effective date on page 1 of this permit or other later date if established by the Commissioner. c. Assessment. You must then assess how your Storm Water Pollution Prevention Program can be reasonably altered to eliminate New or Expanded Discharges to waters with restricted discharges. This assessment must be developed for New or Expanded Discharges produced from 1988 until the year 2020. Where You intend to argue that there are no prudent and feasible alternatives to New or Expanded Discharges to these waters, You must propose measures You will implement to restrict the discharge to the extent necessary to preserve the existing high quality, or to preserve the wilderness, scientific, recreational, or other special characteristics that make the listed waters outstanding resource value waters. Measures that can be proposed include ordinances and zoning changes or other BMPs. You must present this assessment, together with your proposed changes to your Storm Water Pollution Prevention Program, for public comment during the annual public comment period required in the permit, prior to your first annual report (see Part VLD) or prior to the schedule in Appendix E for Selected MS4s. d. Assessment Submittal. You must submit the assessment from Part IX.B.2.c above, and yourresponse to any public comments, with your plan and proposed changes to your Storm Water Pollution Prevention Program and submit it with your first annual report, or on another later date if established for your MS4 by the Commissioner, or according to the schedule in Appendix E for Selected MS4s. Theplan and proposed changes to the Storm Water Pollution Prevention Program will be reviewed by the Commissioner, who will provide opportunity for public input and hearing pursuant to Minn. R. ch. '7001 prior to denial or approval of your proposed Storm Water Pollution Prevention Page 28 of 33 Permit No: MNR040000 Program modifications. The MPCA reserves the right to incorporate as much available information as possible in the decision making process, including the right to independently develop and evaluate potential prudent and feasible alternatives to the discharge. e. Implementation. You must implement your approved Storm Water Pollution Prevention Program, including all BMPs in accordance with the schedule described in the approved Storm Water Pollution Prevention Program. C. Discharges Adversely Impacting Trout Waters (Minn. R. 6264.0050 subp. 2 and 4). The following requirements apply to Trout Waters listed in Minn. R. 6264.0050, subp. 2 and 4: 1. This permit does not authorize New or Expanded Discharges adversely impacting Trout Waters unless, at minimum, You establish administrative procedures or other measures to assure that You make the following determinations and document the basis for your decision: a. That there is no feasible and prudent alternative to the proposed discharge; and b. All prudent and feasible measures needed to avoid or Reduce impacts to Trout Waters, and to preserve the existing high quality of the water will be implemented (see Part IX.C.2 below). 2. If the discharge cannot be avoided, You must consider measures to protect water quality and prevent temperature increases. Acceptable measures include reduce the impervious surfaces, diversion away from the stream and use of filter strips, infiltration, biofiltration, or enhanced grass swales to treat runoff before discharge to the Trout Water. Innovative alternatives to ponds are specifically encouraged for Trout-Water discharges if they provide equivalent treatment. D. Discharges to Wetlands (Minn. R. 7050.0130, subp. F; also 7050.0186). This permit does not authorize Physical Alterations to Wetlands, or other discharge adversely affecting Wetlands, if the alteration will have a significant adverse impact to the designated uses of a Wetland. Any Physical`Alterations to Wetlands that will cause a potential for a significant adverse impact to a designated use must be implemented in accordance with the avoidance, minimization and mitigation requirements of Minn. R. 7050.0186 and other applicable rules. E. Discharges Requiring Environmental Review (Minn. Stat. ch. 116D, and 42 U.S.C. ~~ 4321- 4370. This permit does not replace or satisfy any environmental review requirements, including those under the Minnesota Environmental Policy Act (Minn. Stat. ch. 1 I6D), the National Environmental Policy Act (42 U.S.C. §§ 4321 - 4370 f), and rules implementing those laws. Any environmental review required of You by law, including preparation of environmental review documents such as environmental assessment worksheets, environmental impact statements, or environmental assessments, must be completed in accordance with those requirements. Page 29 of 33 Permit No: MNR040000 F. Discharges Affecting Threatened or Endangered Species. This permit does not replace or satisfy any review requirements for Threatened or Endangered Species, from discharges whose direct, indirect, interrelated, interconnected, or independent impacts would jeopardize a listed Threatened or Endangered Species or adversely modify a designated critical habitat. For any project resulting in a discharge having the potential to adversely impact Threatened or Endangered species, or their critical habitat, You must conduct your required review and coordination with appropriate agencies in accordance with those requirements. G. Discharges Affecting Historic or Archeological Sites. This permit does not replace or satisfy any review requirements for Historic or Archeological Sites from discharges which adversely affect properties listed or eligible for listing in the National Register of Historic Placesor adversely affecting known or discovered archeological sites. For any project resulting in a discharge having the potential to adversely impact Historic or Archeological Sites, including significant anthropological sites and any burial sites, You must conduct your required review and coordination with the Minnesota State Historic Preservation Officer or other appropriate agencies in accordance with those requirements. H. Discharges Affecting Source Water Protection Areas (Minn. R. 4720.5100 - 4720.5590). You shall incorporate BMPs into your Storm Water Pollution Prevention Program to protect any of the following drinking water sources that your MS4 discharge may affect, and' You shall include the map of these sources with the Storm Water Pollution Prevention Program if they have been mapped: Wells and source waters for drinking water supply management areas identified as vulnerable under Minn. R. 4720.5205, 4720.5210, and 4720.5330, and 2. Source water protection areas for surface intakes identified in the source water assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. §§ 300j - 13. Page 30 of 33 Permit No: MNR040000 PART X. APPENDIX D: NONDEGRADATION FOR SELECTED MS4s The requirements of this section apply only to MS4s called Selected MS4s as described in Part XI (Appendix E). Certain MS4s have been selected to perform the requirements of this part because their size and growth may be closely correlated with increased Storm Water flows and pollutant loading. Nondegradation review applies to all significant New or Expanded Discharges to all waters but does not negate the applicable requirements for outstanding resource value waters, requirements for special classes of waters, other requirements in Appendix C or the general requirements of the permit. A. Selected MS4s The basic requirement for all MS4s regulated under this permit is to develop a Storm Water Pollution Prevention Program that meets the requirements of the permit. An additional process is required of a limited number of permittees (30) that are listed in Appendix E. These Selected MS4s must submit to the Commissioner information described below to determine whether additional control measures beyond those of the permit Parts I through IX can be reasonably taken to minimize the impacts of the discharges. Selection, for purposes of this permit, is described in Appendix E. B. Loading Assessment Each Selected MS4 must assess the change in Storm Water discharge loading for its permitted area using a pollutant loading water quality model that, at minimum, addresses changes in Average Annual Flow Volume, Total Suspended Solids, and Phosphorus. This modeling will be based on two time periods: from 1988 (1988-1990) to the present (2000-2005), and from the present to 2020. The Selected MS4s must use a simple model, or another more complex model that they find to be more appropriate, that addresses the parameters of concern. This may include a model that the Selected MS4 has already used. Other assessment methods may be used if they can be shown to be as effective at quantifying the increase in loading as the modeling methods. The models and/or other methods will be used as part of the assessment to develop the Nondegradation Report, to help in selecting appropriate BMPs that address nondegradation, to determine whether additional control measures can reasonably be taken to Reduce pollutant loading, and for a few Selected MS4s that elect to do so, to evaluate the significance of the New or Expanded Discharge. C. Nondegradation Report Selected MS4s that have significant New or Expanded Discharges are required to complete a Nondegradation Report and, upon approval, to incorporate its findings on BMPs that address nondegradation into their Storm Water Pollution Prevention Program. The BMPs shall address changes in pollutant loadings as far as is reasonable and practical through future development. Additionally, the BMPs shall address, as far as is reasonable and practical, the negative impacts of increased Storm Water discharge volumes that cause increased depth and duration of inundation of Wetlands having the potential for a significant adverse impact to a designated use of the Wetland, or changes in stream morphology that have the potential for a significant adverse impact to a designated use of the streams. Page 31 of 33 Permit No: MNR040000 The Nondegradation Report must include consideration of the Loading Assessment, which must include analysis of flow and may include removal of pollutants by BMPs already initiated. For purposes of this General Permit, 1988 levels consistently attained means runoff that would have been produced under approximately average conditions of rainfall. Local Storm Water management plans and other pertinent factors may also be considered. BMPs implemented by otherparties may be considered when those BMPs affect the Storm Water from the area of the Selected MS4. If the pollutant loadings cannot be Reduced to levels consistently attained in 1988, the Report must describe reasonable and practical BMPs that the Selected MS4 plans to incorporate into a modified Storm Water Pollution Prevention Program. The Selected MS4 must<consider alternatives, explain which alternatives have been studied but rejected and why, and propose alternatives that are reasonable and practical. The Report must give high priority to BMPs hat address impacts of future growth, such as ordinances for New Development. Where increases in pollutant loading have already occurred due to past development, the Report must consider retrofit and mitigation options (BMPs) that the Selected MS4 determines to be reasonable, practical and appropriate for the community. The Selected MS4 is responsible for developing any site specific cost/benefit, social, and environmental information that the Selected MS4 wishes to bring to the Agency's attention. The Selected MS4 must incorporate the BMPs into a modified Storm Water Pollution Prevention Program and include an implementation schedule that addresses New Development and retrofit BMPs it proposes to implement. D. Public Participation Prior to submittal to the MPCA, the proposed Storm Water Pollution Prevention Program modifications to address nondegradation will be public noticed at the local level as required in the permit (Part V.G.1.e). Each Selected MS4 shall also submit its Storm Water Pollution Prevention Program modifications to address nondegradation to the appropriate local-water authority (e.g. watershed organizations ar county water planning authority) in time to allow for their review and comment. The Nondegradation Report explaining the proposed BMPs and the entire Storm Water Pollution Prevention Program must be made available to the public and local-water authority upon request. E. Submittals for Selected MS4s Selected MS4s must submit their proposed changes to the Storm Water Pollution Prevention Program, reports addressing nondegradation for all waters (and restricted waters or prohibited waters if applicable), together with other supporting documents, to the MPCA in accordance with he schedule in Appendix E. This submittal must include: 1'. The Loading Assessment; 2. The Nondegradation Report; 3. The proposed Storm Water Pollution Prevention Program modifications to address nondegradation; 4. The public and local water authority comments on the proposed Storm Water Pollution Prevention Program modifications to address nondegradation, with a Record'of Decision on the comments; and Page 32 of 33 Permit No: MNR040000 An application to modify the permit. F. MPCA Review The MPCA will review the above submittals in accordance with Minn. R. ch. 7001. After consideration of the Loading Assessment, the Nondegradation Report, public and local water authority comments, the Record of Decision by the Selected MS4, and other pertinent information, the MPCA will make a determination on the preliminary approval of the proposed Storm Water Pollution Prevention Program. The role of the MPCA during the review process will'generally be limited to reviewing the information presented by the Selected MS4 and comments made by others during the review process. However, the MPCA reserves the right to incorporate as much available information as possible in the decision making process, including the right to independently develop and evaluate potential reasonable and practical alternatives. G. Notice and Preliminary Determination The MPCA will provide statewide public notice and opportunity for hearing on any MPCA determination of intent to deny or approve the Storm Water Pollution Prevention Program modifications to be implemented under this permit. The MPCA will provide public and MPCA comments to the Selected MS4. The Selected MS4 will have the opportunity to respond to the comments prior to the MPCA making a final determination. H. Final Determination The Commissioner will make a final determination on the modifications to the Storm Water Pollution Prevention Program in accordance with Minn. R. ch. 7001. I. Implementation of the Approved Storm Water Pollution Prevention Program Following approval by the MPCA (as described in Part X.H above), the approved Storm Water Pollution Prevention Program modifications, including any changes required by the MPCA, must be implemented by the Selected MS4 in accordance with the schedule in the approved Storm Water Pollution Prevention Program and modifications. Page 33 of 33 Permit No: MNR040000 PART XI. APPENDIX E: SELECTED MS4s This part describes the schedule of submittals of the items listed in Part X (Appendix D), item E to the MPCA for review and approval. The Commissioner has selected the MS4s listed below for further nondegradation review. The selection was based on the population growth experienced by the community during three time periods: from 1990 to 2000, based on census data; from 2000 to 2003, based on projections by the State Demographer and Metropolitan Council; and from 2000 to 2020, also based on the State Demographer and Metropolitan Council projections. The Commissioner also considered the size of the community as represented by the 2000 census. The Commissioner may also determine that additional MS4s be selected based on the same factors, or other factors in accordance with Minn. R. ch. 7001 and other applicable rules. The following Selected MS4s shall submit the items listed in Part X (Appendix D), item E, to the MPCA for review and approval, postmarked on or before the listed dates. Selected MS4 Submittal date 1 Rochester 15 months after the effective date of the Permit 2 Woodbu 15 months after the effective date of the Permit 3 Ma le Grove 15 months after the effective date of the Permit 4 Lakeville 15 months after the effective date of the Permit 5 Eden Prairie 15 months after the effective date of the Permit 6 Ea an 16 months after the effective date of the Permit 7 PI mouth 16 months after the effective date of the Permit 8 Blaine 16 months after the effective date of the Permit 9 Bloomin ton 16 months after the effective date of the Permit 10 Duluth 16 months after the effective date of the Permit 11 Brookl n Park 17 months after the effective date of the Permit 12 Shako ee 17 months after the effective date of the Permit 13 A le Valle 17 months after the effective date of the Permit 14 St. Cloud 17 months after the effective date of the Permit 15 Burnsville 17 months after the effective date of the Permit 16 Prior Lake 18 months after the effective date of the Permit 17 Ma lewood 18' months after the effective date of the Permit 18 Coon Ra ids 18 months after the effective date of the Permit 19 Andover 18 months after the effective date of the Permit 20 Elk River 18 months after the effective date of the Permit 21 Sava a 19 months after the effective date of the Permit 22 Farmin ton 19 months after the effective date of the Permit 23 St. Louis Park 19 months after the effective date of the Permit 24 Edina 19 months after the effective date of the Permit 25 Minnetonka 19 months after the effective date of the Permit 26 Chanhassen 20 months after the effective date of the Permit 27 Chaska 20 months after the effective date of the Permit 28 Inver Grove Hei hts 20 months after the effective date of the Permit 29 Rosemount 20 months after the effective date of the Permit 30 Cotta e Grove 20 months after the effective date of the Permit Model Illicit Discharge and ConnectionStormwater Ordinance ORDINANCE NO. SECTION 1. PURPOSE/INTENT. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of ( )through the regulation of non-storm water discharges to the stone drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate stone sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: (1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user (2) To prohibit Illicit Coimections and Discharges to the municipal separate storm sewer system (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance SECTION 2. DEFINITIONS. For the purposes of this ordinance, the following shall mean: Authorized Enforcement Agency: employees or designees of the director of the municipal agency designated to enforce this ordinance. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. 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. These include construction projects resulting in land disturbance of ~~acres, 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, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge. Any direct or indirect non-stone water discharge to the storm drain system, except as exempted in Section X of this ordinance. Illicit Comzections. An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the stone drain system including but not limited to any conveyances which allow any non- stormwater discharge including sewage, process wastewater, and wash water to enter the stornz drain system 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 or, Any drain or conveyance connected from a commercial or industrial land use to the stone drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). National Pollutant Discharge Elimination System (NPDES) Storn1 Water Discharge Permit. means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water. Person :means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant. Anything which 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, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage S s~ Publicly-owned facilities by which stone water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, puimping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm Water. 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 which 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 means any water or other liquid, other than uncontaminated stone water, discharged from a facility. SECTION 3. APPLICABILITY. This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. SECTION4. RESPONSIBILITY FOR ADMINISTRATION. The [authorized enforcement agency] shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency. SECTION 5. SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establislunent, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. SECTION 6. ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. SECTION 7. DISCHARGE PROHIBITIONS. 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: (a) The following discharges are exempt from discharge prohibitions established by this ordinance: 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, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated -typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants. {b) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. (c) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test. (d) The prohibition shall not apply to 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 fiill 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 storm drain system. Prohibition of Illicit Connections. (a) The construction, use, maintenance or continued existence of illicit comlections to the stone drain system is prohibited. (b) This prohibition expressly includes, without limitation, illicit comlections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (c) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. SECTION 8. SUSPENSION OF MS4 ACCESS. Suspension due to Illicit Discharges in Emergency Situations The [authorized enforcement agency] may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the enviromnent, 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 deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. Suspension due to the Detection of Illicit Discharge Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency. SECTION 9. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the [authorized enforcement agency] prior to the allowing of discharges to the MS4. SECTION 10. MONITORING OF DISCHARGES A. Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. B. Access to Facilities. (a) The [authorized enforcement agency] shall be permitted to enter and inspect facilities subj ect to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall snake the necessary arrangements to allow access to representatives of the authorized enforcement agency. (b) Facility operators shall allow the [authorized enforcement agency] ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept tinder the conditions of an NPDES permit to discharge stornz water, and the performance of any additional duties as defined by state and federal law. (c) The [authorized enforcement agency] shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge. (d) The [authorized enforcement agency] has the right to require the discharger to install monitoring equipment as necessary. The facility's 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 devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the [authorized enforcement agency] and shall not be replaced. The costs of clearing such access shall be borne by the operator. (f) Unreasonable delays in allowing the [authorized enforcement agency] access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. (g) If the [authorized enforcement agency] has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, 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 ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. SECTION 11. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. [Authorized enforcement agency] will adopt requirements identifying Best Management Practices for any activity, operation, or facility which 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 shall provide, at their own expense, reasonable protection fiom accidental discharge of prohibited materials or other wastes 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, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. 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 compliance with the provisions of this section. These BMPs shall be part of a stonnwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. SECTIONI2. WATERCOURSE PROTECTION. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debns, excessive $ vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. Irl 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. SECTION 13. NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or inay result in illegal discharges or pollutants discharging into storm water, the stone 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 emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency 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 [authorized enforcement agency] within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain anon-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. SECTION 14. ENFORCEMENT. A. Notice of Violation. Whenever the [authorized enforcement agency] finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analyses, 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; and (e) Payment of a fine to cover administrative and remediation costs; and (f) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. SECTION 15. APPEAL OF NOTICE OF VIOLATION Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within _ days fiom the date of the Notice of Violation. Hearing on the appeal before the appropriate authority orhis/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. SECTION 16. ENFOP~CEMENT MEASURES AFTER APPEAL 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 _ days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives ofthe authorized enforcement agency shall enter upon the subj ect private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. SECTION 17. COST OF ABATEMENT OF THE VIOLATION Within _ days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within _ days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of _ percent per annum shall be assessed on the balance beginning on the _st day following discovery of the violation. SECTION 18. INJUNCTIVE RELIEF It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance, the authorized enforcement agencymaypetition for apreliminary orpermanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. SECTION 19. COMPENSATORY ACTION In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creels cleanup, etc. SECTION 20. VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the enforcement processes and penalties provided, any condition caused or pernzitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and maybe summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance maybe taken. SECTION 21. CRIMINAL PROSECUTION Any person that has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of dollars per violation per day and/or imprisonment for a period of time not to exceed days. The authorized enforcement agency may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. SECTION 22. REMEDIES NOT EXCLUSIVE The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. SECTION 23. ADOPTION OF ORDINANCE This ordinance shall be in full force and effect _ days after its final passage and adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. PASSED AND ADOPTED this day of , 20_, by the following vote: MEMORANDUM C~T'Y OF 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhallQci.shorewood.mn.us TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Public Works Director FROM: James Landini, City Engineer DATE: October 25, 2007 RE: Right-of--Way ordinance discussion As part of the 2007 Goals and Priorities for the City of Shorewood the Right-of--Way ordinance was listed for updates: It was placed as a goal to attain better records of infrastructure in the right-of--way and to provide a better use of the right-of--way resource. _ t The public welfare requires that the public rights-of--way within the City, including highways; roads, streets and alleys, be reserved for public purposes. Uses of the rights-of--way other than transportation are inmost cases a necessary and proper use of right-of--way, the City must regulate and manage such uses for the benefit of the public good. This ordinance update would provide tools to better regulate and manage that resource. The City Code currently has the following sections: 901.01 Excavations 901.02 Encroachments 901.03 House numbering 901.05- Underground utilities 901.96 24 Violation The strikethrough section should be removed and the proposed 90.1.06 thru 901.23 should be added with strikethrough sections deleted. The proposed sections originate from the City of Edina, MN. To assist with management of the right-of--way permits, a software tracking system should be utilized. Staff has been researching different permit tracking systems for use in the Building Inspection department. Permit fees would be researched and implemented to recover the costs of administering and use of the rights-of--way. ~®~© PRINTED ON RECYCLED PAPER An example fee structure (from Edina) is as follows: R-O-W Work Annual Registration $200 R-O-W Excavation Permit Administration Fee $75 Per Additional Excavation-Paved Area $35 Per Additional Excavation-Unpaved Area $20 Underground Utility/Telecom Installation-Direct Boring or Tunneling (Plus Minimum Permit Fee) $45 per 100 L. Ft. Underground Utility/Telecom Installation-Open Trenching (Plus Minimum Permit Fee) $60 per 100 L. Ft. The Draft ordinance has not been reviewed by the City Attorney. It is provided here to begin discussion on the Right-of--Way ordinance and obtain direction from the City Council. TITLE 900 PUBLIC RIGHT-OF-WAY AND PROPERTY Subject Chapter Streets and Public Right-of--Way 901 Public Parks and Recreation Areas 902 Water Use and Service 903 Sewer Code 904 Stormwater Utility 905 CHAPTER 901 STREETS AND PUBLIC RIGHT-OF-WAY Section 901.01 Excavations 901.02 Encroachments 901.03 House numbering ~ ° 901.05 Underground utilities 901.06 Right of Way Mana eg ment 901.07 Registration 901.08 Permit Required; Bond; Exceptions 901.09 Diligence in Performing 901.10 Standards During Construction or Installation 901.11 Repair and Restoration 901.12 Permit Limitations 901.13 Denial of Permit 901.14 Emergency Work 901.15 Revocation of Permits 901.16 Appeal 901.17 Mapping 901.18 Location of Facilities and Equipment 901.19 Relocation 901.20 Right-of--Way Vacation 901.21 Abandoned and Unusable Equipment 901.22 Indemnification and Liability 901.23 Franchise Holders 901.86 24 Violation 901.01 EXCAVATIONS. Subd. 1. Definition. For the purposes of this section, the term PUBLIC STREET shall mean the improved, traveled or surfaced portion of any public right-of--way or roadway. Subd. 2. Excavation permit. a. Permit required. No individual, firm, corporation or other entity shall hereafter open, lay out or excavate in, upon or within ten feet of any public street within the city without first having obtained a permit therefor from the city. b. Application for permit. Any individual, firm, corporation or other entity desiring to open, lay out or excavate in or upon any public street within the city shall file an application for a permit therefor with the City Administrator/Clerk and pay the application fee as the City Council may from time to time prescribe. Procedure for permit approval. The permit application shall be referred to the Public Works Director who shall approve or disapprove issuance of the permit or, in circumstances he or she deems proper, refer the application to the Council for final action. The decision of the Director shall be subject to review by the Council on its own volition, or at the request of the applicant, at the Council's next regular meeting. The Council's decision thereon shall be final. Subd. 3. Bond. Upon approval of an application, the applicant shall deposit with the city a cash bond in the amount required by the Public Works Director as security for the proper restoration of the street to the condition in which it existed prior to the excavation. The applicant may then proceed to open, lay out or excavate the street. Subd. 4. Restoration of streets. To ensure proper restoration in cases deemed necessary by the Public Works Director, the City Public Works Department shall do all restoration of the street and the costs thereof shall be deducted from the cash bond deposited. Upon completion and restoration of the site, the cash bond or the balance thereof remaining shall be refunded to the applicant. In the event restoration costs shall exceed the amount of the deposit, the applicant shall be liable for the additional costs. Subd. 5. Exemptions from provisions. The city or its authorized agents and public utility franchises which furnish electrical, gas or other form of utility service shall be exempt from the permit requirements of this section. In the event, however, that a public utility franchise shall fail to properly restore a public street excavated by it, the City Council may revoke the right of the utility franchise to open, lay out or excavate in or upon public streets within the city without first complying with the permit requirements set forth herein. (1987 Code, § 901.01) (Ord. 115, passed 12-17-1979; Ord. 259, passed 9-28-1992) 901.02 ENCROACHMENTS. Subd. 1. Purpose. The public welfare requires that the public rights-of--way within the city, including highways, roads, streets and alleys, be reserved for public purposes. Public use of the full width of the rights-of--way is necessary to public safety and the proper and efficient maintenance of the rights-of--way. However, it is recognized that limited private use or encroachment onto the rights-of--way is not necessarily inconsistent with public use. It is the purpose of this section to provide for lawful incidental private use of publicly-owned rights-of--way not inconsistent with public use. Subd. 2. Permit to encroach. a. Permit required. The right to use publicly-owned rights-of--way within the city for any private use or purpose other than the primary purpose of public travel, whether the use constitutes a substantial or incidental use, may be acquired only through permit granted pursuant to this section. b. Application for permit. Any person may apply to the City Council for a permit to keep or maintain private property within apublicly-owned right- of-way. The application shall be in writing and must describe with specificity the private property and right-of--way involved and the nature and extent of the requested encroachment. c. Issuance of permit, conditions. The City Council may grant the permit if it is determined that the use applied for is incidental and not inconsistent with safe and efficient public use. However, no permit will be issued until the applicant has agreed in writing to waive any right to recover from the city for damage occurring to the property located within the right-of--way which may result from the performance of the city or its agents of its public duties as required by law. d. Special permit for underground sprinkler systems. The Building Official may approve an application for a special permit for the installation of an underground sprinkler system within the public right-of--way, providing the installation is not inconsistent with the public use of the right-of--way. In the application, in addition to the information required by subsection b above, the applicant shall provide a legal description of the private property served by the sprinkler system and agree in writing to waive all rights to recover from the city for damage occurring to the sprinkler system as a result of the city's performance of its public duties within the right-of--way. The applicant shall further provide a survey or plat drawing showing the location of the sprinkling system within the right-of--way and pay the special permit fee as may be prescribed by ordinance passed by the City Council from time to time. The special permit shall become effective upon its being duly recorded at the offices of the County Recorder or Registrar of Titles and the applicant's providing to the city satisfactory proof thereof. Revocation of permit. The city reserves the right to revoke any permit granted under this section as may be required by the public interest. Subd. 3. Unlawful encroachments. Any privately-owned property located within or encroaching upon public-owned rights-of--way which has not been authorized in accordance with this section shall be unlawful and be subject to removal by the city at the owner's expense. Subd. 4. Exemption from provisions. The use of the public right-of--way for the placement of private mailboxes shall be exempt from the permit requirements of this section providing the following conditions are met: a. The mailbox is located on the side of the right-of--way contiguous with the mailbox owner's property or is positioned or clustered according to specific directions of the United States Postal Service; b. Mailboxes servicing a planned unit development (PUD) are positioned or clustered within the platted portion of the PUD or on the side of the right- of-way contiguous with the PUD; c. The location of the mailbox or mailboxes does not interfere with the city's maintenance of the right-off way. (1987 Code, § 901.02) (Ord. 121, passed 5-28-1980; Ord. 204, passed 2-8-1988; Ord. 239, passed 6-24-1991) 901.03 HOUSE NUMBERING. Subd. 1. Numbering system. To assist in providing immediate access to all lots, buildings and structures in the city, the same shall be numbered in accordance with the following plan: a. North-south numbers shall commence at the south border of the city and north-south streets shall begin at the number 4600 and run to 6200; b. East-west numbers shall commence at the east border of the city and east- west streets shall begin at the number 19200 and run to 28400; c. Odd numbers shall be on the south and east sides of the streets; even numbers shall be on the north and west sides of the streets. There shall be 100 numbers to each block, as assigned on a grid of 330 feet for east-west numbers; and 100 numbers to each block as assigned on a grid of 660 feet for north-south numbers. d. On Enchanted and Shady Islands, numbers shall be assigned on a west to east basis only. Commencing at the west border of Enchanted Island and running to the tip of Shady Island, numbers shall begin at the number 4200 and run to 5400. There shall be 100 numbers to each block assigned on a grid of 330 feet for each block west to east. Subd. 2. House numbers assigned, chart kept. The City Administrator/Clerk shall keep a chart showing the proper street number of every lot, parcel and building in the city which shall be open to inspection by any interested person and shall assign a street number to each house and/or structure in the city. Subd. 3. Placement and size of numbers. It shall be the duty of the owners and occupants of every house and structure in the city to display in a place visible from the street, figures at least two and one-half inches high showing the number of the house, building or other structure occupied by him or her. Subd. 4. Violation. Any person violating the terms of this section shall be guilty of a petty misdemeanor. (1987 Code, § 901.03) (Ord. 76, passed 10-8-1973; Ord. 105, passed 9-11-1978) Penalty, see § 104.01 ' , , > > v+ ~",,, +l,o !'';+,.~~ D„1 ,1;., ~Ti7 ..,-L~ P ' ~ t o caiiriirg- c~-peri~tr @E Br. o ~ e > > E. 1,.,,.,+;.,,, „1.,,,/mil „ .,.d.,v.+o.a 1,<. +l,o !'~;+,. (`.,,,,,..;1 ,.l,o„ +l,o < ,~1.,,, ; ~ , , 901.05 UNDERGROUND UTILITIES. Subd. 1. All utilities installed after the effective date of these regulations, including, but not limited to electrical, telephone and cable television lines, shall be buried unless otherwise approved by the City Council. Subd'. 2. Existing overhead utilities within road rights-of--way which are not in conformance with overhead utility corridors as stipulated in this section and of a capacity less than 115 kilovolts are declared to be nonconforming and must be buried at the time they are replaced due to aging or capacity limitations or relocated due to road construction or reconstruction within the rights-of--way in which they share space, unless otherwise approved by the City Council. This provision shall not apply to existing overhead utilities located on rear or side lot line easements which directly serve adjacent properties. Subd. 3. Existing overhead utilities which are to be buried in conformance with Subd. 2 shall be done so under the terms and requirements as provided in the applicable franchise agreement for the affected utility, if so stipulated. In the absence of franchise agreement stipulations for the affected utility, the burial shall occur under the terms, expense and scheduling requirements as required by the city at the time the overhead utility is replaced or relocated. Substitute stipulations may be provided between the affected utility and the city. (Am. Ord. 378, passed 1-14-2002) 901.06 Right of Way Management. Subd. O1. Findings and Purpose. The Citv holds the rights-of-wav within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in~ublic funds to build and maintain the rights-of--wav. It also reco ng izes that some persons by.placin~; their equipment in the right-of--wav and char~g the citizens of the City for goods and services delivered thereby, are using this property held for the public good Although such services are often necessary convenient for the citizens such persons receive revenue and/or profit through their use of public property. Although the installation of such service delivery facilities are in most cases a necessary and proper use of right-of-way, the City must regulate and manage such uses. To provide for the health safety and well-being of its citizens and to ensure the structural integrity of its streets and the appropriate use of the rights-of-wad City strives to keep its rights-of--way in a state of o.~ od repair and free from unnecessary encumbrances. Althou hg the eg_ neral population bears the financial burden for the upkeep of the rights-of--way one of the causes for the earl excessive deterioration of its rights-of-wa i~equent excavation. This Section imposes reasonable regulations on the placement and maintenance of equipment currently within its rights-of--way or to be placed therein at some future time. It is intended to complement the re ug 1~y roles of state and federal agencies Under this Section persons disturbing and obstructin tg_he rights-of-wav will bear a fair share of the financial responsibility for their integrity. Finally Section provides for recovery of the City's costs associated with managing its rights-of-wad Subd. 02. Definitions. The following words terms and phrases, as used herein, have the following meanings: City Cost. The actual cost incurred by the City for public rights-of--wav management• including but not limited to costs associated with registering ~~licants• issuing processing and verif~g right-of--wav permit applications• inspectingjob sites and restoration pro~ects• maintaining supporting protecting, or moving facilities during~ublic right-of--way work; determining the adequac~of right-of--wav restoration' restoring work inadequately performed; mapping of "as built" locations of facilities located in rights-of--way; and revoking right-of--way permits and performing all other tasks required by this Section includin og ther costs the City may incur in managing the provisions of this Section. Degradation. The accelerated depreciation of the right-of--wav caused by excavation in or disturbance of the right-of--way, resulting in the need to reconstruct such right-of--wav earlier than would be required if the excavation did not occur. Degradation Cost. Moneypaid to the City to cover the cost associated with a decrease in the useful life of a public right-of--way caused by excavation. Emergency. A condition that l~poses a clear and immediate danger to life or health or of a significant loss of propert~or 2) requires immediate repair or replacement in order to restore service to a customer. Equipment or Facilities. Any tangible thin ig n an~ght-of-wav; but shall not include boulevard plantings or arg dens planted or maintained in the right-of-way between a person's property and the street curb. Excavate. To dig into or in an~y remove or physically disturb or penetrate any part of aright-of--way,. Permit. A permit issued pursuant to this Section. Permit Holder. Andperson to whom a permit to excavate or place equipment or facilities in aright-of--way has been granted by the City under this Section. Registrant. Andperson who has or seeks to have its facilities or equipment located in an~ght-of-way_ Restore or Restoration. The process by which the right-of-wav and surrounding area, including~avement and foundation, is returned to the condition that existed before the commencement of the work. Restoration Cost. Moneypaid to the City a permittee to cover the cost of restoration. Right-of Way. The surface and space above and below a public roadwaX, highway, street, cartway, bicycle lane and public sidewalk in which the Ci . has an interest, including other dedicated rights-of--wav for travel purposes and utility easements owned by the City for City utility_purposes. Service or Utility Service. Includes but is not limited to 1) those services provided b~public utility as defined in Minn, Stat. § 216B.02, Subds. 4 and 6; 2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energypower services; 3~ the services provided by a corporation organized for the purposes set forth in Minn, Stat. § 300.03; 4) the services provided by a district heatin~or cooling, system; and 5~ cable communications systems as defined in Minn Stat. Chap. 238. Telecommunication Rights-of-Way User. A person owning or controlling a facility in the public right-of--way, or seeking to own or control a facilit, i public right-of--wav, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Section, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural a electric energy services are not telecommunications right-of--way users. 901.07 Registration. Subd. 1 Annual Registration Required. No person shall construct, install, repair, remove, relocate or perform any work within any right-of--way without first being re istg eyed pursuant to this Subsection. Such registration shall be made on an application form provided by the En ig Weer and shall be accompanied b, ty he registration fee provided in Section 185 of this Code. A service or utility service operating under a franchise with the City shall re ig ster~ursuant to this Subsection but need not provide the registration information required by Subd. 2 of this Subsection if such information has been submitted pursuant to the franchise agreement. A person who pays a franchise fee to the City in accordance with a franchise agreement shall be exempt from payment of a registration fee. Subd. 2 Registration Information. The registrant shall provide the following at the time of registration and shall promptly notify the City of changes in such information: A. Registrant's name, address, telephone number, facsimile number and Gopher One-Call registration certificate number if required by State law. B. Name, address, telephone number, and facsimile number of the person responsible for fulfilling the obligations of the re istg rant. C. A Certificate of Insurance from a company licensed to do business in the State of Minnesota providin cg overage in the following amounts. GENERAL LIABILITY: Public Liability, including premises, products and complete operations. Bodily Injury Liability $1,000,000 each person $3 000 000 each occurrence Property Damage Liability $3,000,000 each occurrence Bodily Injury and Property Damage Combined $3,000,000 sin leg_ limit COMPREHENSIVE: Automobile Liability Insurance, including owned, non- owned and hired vehicles. Bodil~Iniury Liability Property Damage Liability $1,000,000 each person $3,000,000 each occurrence In lieu of 1) and 2 Bodilyjury and Property Damage Combined $3,000,000 sin leg limit Such certificate shall verify that the registrant is insured against claims for personal iniury, including death, as well as claims for property egg out of the (I) use and occupancy of the right-of-wad t~gistrant, its officers, a eg nts, employees and permittees, and (iiiplacement and use of equipment or facilities in the right-of--way by the registrant its officers, agents, employees and permittees, including but not limited to, protection against liabilit a~g from completed operations damage of underground equipment and collapse of property. Such certificate shall also name the City as an additional insured as to whom the covera eg_ s required herein are in force and applicable and for whom defense will be provided as to all such coverage's. Such certificate shall require that the Engineer be notified 30 days prior to cancellation of the policy. D. 24 hour emergency number. E. An acknowled mg ent by the registrant of the indemnification pursuant to Subd. 2 of Subsection 901.18. F. Such other information the City mawrequire. Subd. 3 Exceptions. The following are not subject to the requirements of this Subsection. A. Persons planting or maintaining boulevard plantings or arg dens. B. Persons erecting fences, installing driveways, sidewalks, curb and utter, or parking lots. C. Persons engaged in snow removal activities. D. Persons installing street furnishing, bus stop benches and shelters. E. Persons installing, vending machines. F. Persons installing irri atg ion s. std G. Federal, State, County, and City a eg ncies. H. Persons installing~et containment s.. std I. Plumbers licensed in accordance with Section 440 of this Code. J. Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this Subsection 901.03. Subd. 4 Term. Registrations issued pursuant to this Section shall expire on September 1 of each calendar year. 901.08 Permit Required; Bond; Exceptions. No person shall excavate, dig, tunnel, trench, or install any facilities, equipment or improvements above, on, or beneath the surface of an~ght-of--way in the CitX or an~property owned by the City without first obtaining a permit pursuant to this Subsection. Subd. 1 Application; Fee. An application for a permit shall be made on forms provided by the Engineer and shall be accompanied by the fees set forth in Section 1301.02 of this Code which are established to reimburse the City for City costs. A person who pays a franchise fee to the City in accordance with a franchise agreement shall be exempt from the payment of permit fees. If the work is to be performed b~gent, contractor or subcontractor on behalf of a registrant, such application shall be signed by the registrant. The application shall also be accompanied by the following: A. Scaled drawings showing the location of all facilities and improvements proposed by the applicant. B. A description of the methods that will be used for installation. C. A proposed schedule for all work. D. The location of andpublic streets, sidewalks or alleys that will be temporarilyclosed to traffic during the work. E. The location of andpublic streets, sidewalks or alleys that will be disrupted by the work. F. A description of methods for restoring_any public improvements disrupted by the work. G. Any other information reasonabl~equired by the En i~ Weer. Subd. 2 Security. A surety bond, le~ter• ~~' °~•°~'~+ °~• °°~'~ a°r°~~+ in the amount determined by the Engineer but not less than $2 000 shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the State. Securityrequired pursuant to this Subd. 2 shall be conditioned that the holder will perform the work in accordance with this Section and applicable regulations, will pay to the City any costs incurred bXthe City in performing_work pursuant to this Section; and will indemnify and save the City and its officers, agents and employees harmless ~ainst any and all claims judgment or other costs arising from any excavation and other work covered bX the permit or for which the City, Council or an~City officer may be liable by reason of any accident or injurespersons or property through the fault of the permit holder, either in improperly ug ardin~he excavation or for any other injury resulting from the negligence of the permit holder. The bond letter of credit or cash deposit shall be released by the City upon completion of the work and compliance with all conditions imposed by the permit. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of 24 months to u~ aranty the adequacy of all restoration work. Subd. 3 Permit Issuance; Conditions. The Engineer shall ram nt a permit upon finding the work will comply with applicable sections of this Code. The permit shall be kept on the site of the work while it is in progress in the custody of the individual in charge of the work. The permit shall be exhibited upon request made by any City official or police officer. The Engineer ma.~pose reasonable conditions upon the issuance of the permit and the performance of the applicant there under to protect the public health, safety and welfare to ensure the structural integrit~of the right-of-wadprotect the property and safety of other users of the right-of--way, and to minimize the disruption and inconvenience to the traveling~public. No permit shall be issued to anyone who has failed to mister in accordance with Subsection 901.03. Subd. 4. Exceptions. No permit shall be required for the following: A T .,r,.a~...,,.;,,.T . .,,-L B. Fences driveways sidewalks, curb and gutter, and parking lots, street furnishings, bus stop benches, shelters, posts and pillars C. Snow removal activities D. Vending machines F. Activities of the City G. Installation and maintenance of sewer or water services provided that no excavation or other work is done within a street, sidewalk or alley and all work is confined to unimproved portions ofrights-of--way or easements. 901.09 Diligence in Performing Work. Work shall progress in an expeditious manner as reasonablypermitted by weather conditions until completion in order to avoid unnecessary inconvenience to traffic. In the event that the work is not performed in accordance with applicable regulations pertaining to excavations and utility connections, or the work is not done in an expeditious manner, or shall cease or be abandoned without due cause, the City may after 72 hour notice to the permit holder, correct the work and fill the excavation or repair the street. The entire cost of such work shall be paid by the permit holder upon demand made by the Cites 901.10 Standards During Construction or Installation. The permit holder shall comply with the following standards when engaging in the work: A. City and take such precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules and regulations of the State and B. Conduct the operations and perform the work in a manner as to ensure the least obstruction and interference to traffic. C. Take adequate~recautions to ensure the safety of the e~public and those who require access to abutting,~propert~ D. If required by the Engineer, notify adjoining_property owners prior to the commencement of work which may disrupt the use of and access to such adjoining properties. E. In all cases where construction work interferes with the normal use of the construction area provide for closing the construction area to traffic or to afford it restricted use of the area and comply with the Minnesota Manual On Uniform Traffic Control Devices traffic safet~gning requirements. F. Exercise precaution at all times for the protection of persons, including employees and property,, G. Protect and identify excavations and work operations with barricade flags, and if required by flagmen in the daytime, and by warning lights at night. H. Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation. I. Protect the root growth of trees and shrubbery. J. Installation of pipe (utility conductors) under Portland Cement Concrete, asphalt concrete, or other high=type bituminous pavements shall be done by lacking, auguring or tunneling as directed by the Engineer unless otherwise authorized. HDPE sleeving shall be an acceptable casing or sleeving_material for telecommunications installations. K. When removing~avement of Portland Cement Concrete, asphalt concrete or high-type built-up bituminous surfacing the pavement shall be removed on each side of the trench or excavation a distance of nine inches beyond the trench width and length, in order to provide a shoulder and solid foundation for the surface restoration. L. To obtain a straight edge and neat-appearin og t?ening in pavement surfaces, the following~rocedure is required: 1. Portland Cement Concrete Pavement -The surface shall be saw-cut scored two inches deep and the concrete broken out b pneumatic hammer chisel. 2. Asphalt Concrete -The surface shall be cut full depth b~pneumatic hammer chisel. M. Excavations trenches and jacking_pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability, and as directed by the City. N. Excavations trenches and jacking_pits shall be protected when unattended to prevent entrance of surface drainage. O. All backfilling must be placed in six inch lavers at optimum moisture and compacted with the objective of attaining 100 percent of AASHTO density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. P. Backfill material shall be Class 5, or better in the judgement of the Engineer. The engineer may~ermit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the Engineer. Q. Compacted backfill shall be brought to street grade and crowned at the center not more than one inch. R. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. S. No lu sg, damaging to roadway surfaces may be used. T. Dirt or debris must be periodically removed during construction. U. Other reasonable standards and requirements of the En ig Weer. 901.11 Repair and Restoration. Subd. 1 Schedule. The work to be done under the permit, and the repair and restoration of the right- of-wa. acquired herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permit holder, when work was prohibited as unseasonal or unreasonable or when extended by the En i_g Weer. In addition to repairing its own work, the permit holder must restore the e area of the work, and the surrounding areas, including the pavin ag nd its foundations to the condition that existed before the commencement of the work but only to the extent the permit holder disturbed such surroundin ag_ reas. Subd. 2 General Standards. The permit holder shall perform repairs and restoration according to the standards and with the materials specified by the Engineer. The Engineer shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The En i in exercising this authority shall be guided by the following standards and consideration: A. The number, size, depth and duration of the excavations, disruptions or damage to the right-of-wad B. The traffic volume carried b.. tight-of--way; the character of the neighborhood surroundin t~ he right-of-way; C. The pre-excavation condition of the right-of--way; the remainin lg ife- expectancy of the right-of--way affected by the excavation; D. Whether the relative cost of the method of restoration to the permit holder is in reasonable balance with the prevention of an accelerated depreciation of the right-of--way that would otherwise result from the excavation, disturbance or damage to the right-of--way; and E. The likelihood that the particular method of restoration would be effective in slowin tg he depreciation of the right-of-way that would otherwise take lp ace. Subd. 3 City Restoration. The permit holder may request that the City restore the right-of--way. The permit holder shall pay to the City, in advance, a cash deposit equaling 150% of the estimated restoration cost. The restoration cost shall be estimated by the En ig Weer and shall include an estimate of the degradation cost. The estimate of the degradation cost shall be based upon criteria adopted by the Minnesota Public Utilities Commission. Following completion of the restoration, any funds in excess of the actual restoration cost and the degradation cost shall be returned to the permit holder. Subd. 4 Guarantees. The permit holder shall guarantee its work and shall maintain it for twenty X24) months following its completion. During this twenty-four month period it shall upon notification from the En ing_ eer, promptly correct all restoration work to the extent necessary using the method required by the En ig Weer. 901.12 Permit Limitations. Permits issued pursuant to this Section are valid only for the area of the ri h.~ tof- way specified in the application and the permit and only for the dates so specified No work shall be extended beyond the permitted area or dates without a new permit being~rocured therefore provided the Engineer may extend the completion date of the work in accordance with Subd. 1 of Subsection 901.07. 901.13 Denial of Permit. The En ing eer may deny a permit due to the foliowin~: A. Failure to register pursuant to Subsection 901.03. B. A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the precedin f~ ive years unless the Engineer determines that no other locations are feasible or when necessitated by an emer eg ncy• C. The applicant is subject to revocation of a prior permit issued pursuant to this Section. D. The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event. E. The right-of--way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the ri h.~ t-of- way as provided in Subd. 3 of Subsection 901.14. F. Businesses or residences in the vicinity will be unreasonably disrupted by the work. G. The proposed schedule conflicts with scheduled total or partial reconstruction of the right-of-wad H. The applicant fails to comply with the requirements of this Section or other Sections of this Code. 901.14 Emergency Work. A registrant mawproceed to take whatever actions are necessary to respond to an emergency. Within two business days after the occurrence of the emergency the registrant shall apply for the necessarypermits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Section for the actions it took in response to the emer e~ncy. If the Engineer becomes aware of an emergency, the Engineer shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the Engineer may take whatever action deemed necessar t~s~ond to the emergency, the cost of which shall be borne by the registrant whose facilities or equipment occasioned the emergency 901.15 Revocation of Permits. The Engineer may revoke andpermit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, this Code, rule or regulation, or any condition of the permit which substantial breach shall continue uncured for 10 calendar days after the issuance of a written order of the Engineer. A substantial breach of a permit holder shall include, but shall not be limited to, the following: A. The violation of any material Provision of the permit; B. An evasion or attempt to evade any material provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; C. Any material misrepresentation of fact in the application for a permit; D. The failure to maintain the required bonds and insurance; E. The failure to complete the work in a timely manner; or F. The failure to correct a condition indicated on an order issued by the Engineer. 901.16 Appeal. Subd. 1 Filing of Appeal. Andperson aggrieved by, i) the denial of a permit application, ii) the denial of a registration iii) the revocation of a permit or, iv the application of the fee schedule imposed by Section 185 of this Code ma~ppeal to the Council big a written notice of appeal with the Clerk. Said notice must be filed with 20 days of the action causin tg he appeal. Subd. 2 Notice of Hearing. The Council shall hear the appeal not later than 30 days after the date the appeal is filed. Notice of the date, time, place, and purpose of the hearing shall be mailed to the appellant not less than 10 days before the date of the hearing. Subd. 3 Hearing and Decision. The Council shall at such hearing hear and consider any evidence offered by the appellant the Engineer and anyone else wishing to be heard. After hearing the oral and written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting. 901.17 Mapping. Within 120 dam following completion of any work pursuant to a permit, the registrant shall provide the Engineer accurate maps and drawin s.~ certifyin~ the "as-built" location of all facilities and equipment installed, owned and maintained b_y the registrant. Such maps and drawings shall indicate both the horizontal and vertical location of all facilities and equipment and shall be provided in a format consistent with the City's electronic mapping system. Failure to provide maps and drawings in accordance with this Subsection shall be grounds for revoking the permit holder's registration. 901.18 Location of Facilities and Equipment. Subd. 1 Undergrounding by Telecommunications Right-of--Way Users. AnX new construction and the installation of new equipment and replacement of old equipment of telecommunication right-of--way users shall be underground or contained within buildings or other structures in conformity with applicable codes. Provided telecommunications right-of--way users may attach equipment and facilities to existing~oles and structures maintained by a service or utility service. Subd. 2 Corridors. The En ing eer may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessarX for each type of equipment that is or pursuant to current technolog,~y the Engineer expects will someday be located within the ri h.~ t-of-w~. All permits issued bXthe Engineer involving_the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. Subd. 3 Limitation of Space. To protect health and safety the Engineer shall have the power to prohibit or limit the placement of new or additional equipment within the right-of--way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of--way In making such decisions the Engineer shall strive to the extent possible to accommodate ail existing and potential users of the right-of--way but shall be u.~ed primarily by considerations of the public interest the public's needs for the particular utility service the condition of the right-of--way the time of year with respect to essential utilities the protection of existing equipment in the right-of--way, and future City plans for public improvements and development projects which have been determined to be in the public interest. 901.19 Relocation. Subd. 1 Relocation for Ci Purposes. A registrant shall promptly but in no event more than 120 days of the City's request permanently remove and relocate at no charge to the City facilities or equipment if and when made necessarYby a change in the grade, alignment or width of any right-of-wa~y the construction maintenance or operation of any City facilities or to protect the public health safety and welfare. The registrant shall restore anX rights-of--way to the condition it was in prior to removal and relocation. Subd. 2 Undergrounding of Relocated Telecommunications Facilities. A telecommunications right-of--way user shall relocate all above ground facilities and equipment to underground locations at its own cost and expense at the City's request when i) the City requires the relocation of all telecommunications facilities and equipment to underground locations or ii) structures or poles to which the registrant's facilities or equipment is attached are abandoned or removed bathe owner of such structures or poles. 901.20 Right-of--Way Vacation. Subd. 1 Reservation of Right. If the Citesvacates a right-of--way which contains the. equipment of a re istg rant, and if the vacation does not require the relocation of registrant facilities and equipment the City shall reserve to and for itself and all registrants having facilities and equipment in the vacated right-of-wa tight to install maintain and operate any facilities and equipment in the vacated right-of--way and to enter upon such right-of-wa~y time for the purpose of reconstruction, inspecting, maintaining_or repairing the same. Subd. 2 Relocation of Equipment. If the vacation requires the relocation of registrant facilities and equipment; and ~a) if the vacation proceedings are initiated b t~egistrant, the registrant must pay the relocation costs• or (b) if the vacation proceedings are initiated by the City the registrant must pay the relocation costs unless otherwise agreed to by the City and the registrant• or (c) if the vacation~roceedings are initiated by a person or persons other than the registrant or permit holder such other person or persons must pay the relocation costs. 901.21 Abandoned and Unusable Equipment. Subd. 1 Discontinued Operations. A registrant who has determined to discontinue its operations in the Cites either: A. Provide information satisfactory to the Engineer that the registrant's obligations for its equipment in the right-of-wav under this Section have been lawfully assumed by another registrant; or B. Submit to the Engineer an action plan for the removal or abandonment of equipment and facilities. The Engineer shall require removal of such facilities and equipment if the Engineer determines such removal is necessary to protect the public health, safety and welfare. The En ig Weer may require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities and equipment. Subd. 2 Abandoned Facilities Equipment. Facilities and equipment of a registrant located on the surface of or above a ril~ht• of-way or on Citesproperty which, for two years, remains unused shall be deemed to be abandoned. Such abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to i abating the nuisance, or ii requiring removal of the equipment or facilities by the registrant, or the registrant's successor in interest. Subd. 3 Removal of Underground Equipment. Any registrant who has unusable and abandoned underground facilities or ~uipment in any right-of--wav shall remove it from that right-of-wag the next scheduled excavation, to the extent such facilities or equipment is uncovered by such excavation unless this requirement is waived by the En ig Weer. 901.22 Indemnification and Liability. Subd. 1 Limitation of Liability. By reason of the acceptance of a registration or the grant of a right-of-wadpermit, the City does not assume any liability (a for injuries to persons, damage to property or loss of service claims by parties other than the registrant or the City, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. Subd. 2 Indemnification. By registering with the Engineer, a registrant agrees, or by acceptin~a permit under this Section, apermit-holder is required, to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a ri hg t-of- way ,whether or not any act or omission complained of is authorized, allowed, or prohibited by a right-of-wadpermit. It further agrees that it will not bring, nor cause to be brou hg t, any action, suit or other proceeding claimin dama es, or seekingany other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near aright-of--way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right-of-wadpermit. The foregoing_does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such ne~gence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment b, ty he registrant or on the registrant's behalf, including but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City; and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. 901.23 Franchise Holders. If there is a conflict in lan uage between the franchise of a person holdin~a franchise agreement with the City and this Section, the terms of the franchise shall rp evail. 901.Ob 24 VIOLATION. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor, unless otherwise specified. (1987 Code, § 901.04) (Ord. 121, passed 5-28-1980) Penalty, see § 104.01