HomeMy WebLinkAboutOrdinance No 1618ORDINANCE NO. 1618
BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VII
OF THE CITY OF COLUMBIA HEIGHTS CITY CODE
The City of Columbia Heights does ordain:
Chapter 8, Article VII, Section 8.702 of the City of Columbia Heights City Code shall include:
BEST MANAGEMENT PRACTICES (BMP's). The schedules of activities, prohibitions of
practices, general good housekeeping 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 that are identified and adopted by the city. 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.
ILLICIT DISCHARGE. Any direct or indirect non - stormwater discharge to the storm drain
system, except exempted in Subd. 8.704 of this section.
ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system including, but not limited to,
any conveyances which allow any non -storm water discharge including sewage, process
wastewater, and wash water to enter the storm 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 the city; or, any drain or conveyance
connected from a commercial or industrial land use to the storm drain system which has not been
documented in plans, maps, or equivalent records and approved by the city.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) owned and operated by the city and designed or
used for collecting or conveying stormwater, and is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWA TER DISCHARGE PERMIT. A permit issued by the Environmental Protection
Agency (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.
NON-STORMWA TER DISCHARGE. Any discharge to the storm drain system that is not
composed entirely of stormwater.
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.
STORM DRAIN SYSTEM. The public -owned facilities by which stormwater is collected or
conveyed, including, but not limited to, any roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, and other drainage structures.
STORMWA TER POLLUTION PREVENTION PLAN (SWPPP). 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. Any water or other liquid, other than uncontaminated stormwater, discharged
from a facility.
Chapter 8, Article VII, Section 8.704 (A) which currently reads to wit:
(A) Prohibited discharges. No clear water from any roof, surface, groundwater, sump pump,
footing tile, swimming pool, or other buildings or structures which require, because of
infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system
shall have a permanently installed discharge line which shall not at any time discharge water into
the sanitary sewer system. No person shall discharge or cause to be discharged hazardous
substances to any public sewers.
(B) Disconnection.
(1) Before August 1, 2004, any person having a yard drain, roof surface, tile, or swimming
pool now connected and /or discharging into the sanitary sewer system shall be disconnected or
removed. Any disconnects or openings in the sanitary sewer system shall be closed or repaired
in an effective, workmanlike manner, as approved by the Public Works Director or his
designated agent.
(2) Sump pumps shall not be connected to the sanitary sewer. Prior to the closing of the
sale of a dwelling, the seller must request that the sump pumps and drain tiles be inspected by the
city visually and/or by smoking to ensure that they are not connected in any manner to the
sanitary sewer system. If the city determines that the sump pump or drain tile is illegally
connected to the sanitary sewer system, the situation must be corrected before the unit is
considered in compliance to be sold.
(C) Manner of disconnection.
(1) The disconnection shall be accomplished by a complete and permanent method and
performed in a competent manner. Any disconnection, plugging, capping, rerouting, altering, or
modifying must be done in accordance with all applicable state and city building codes.
(2) A permanent installation shall be one which provides for year round discharge capability
to either the outside of the dwelling, building, or structure, or is connected to city storm sewer or
discharge through the curb and gutter to the street. It shall consist of a rigid discharge line,
without valving or quick connections for altering the path of discharge, and if connected to the
city storm sewer line, shall include a check valve and air gap located in a small diameter
structure.
Is hereby amended to read as follows:
A. Prohibited discharges.
1. Sanitary Sewer. No clear water from any roof, surface, groundwater, sump pump,
footing tile, swimming pool, or other buildings or structures which require, because
of infiltration of water into basements, crawl spaces, and the like, a sump pump
discharge system shall have a permanently installed discharge line which shall not at
any time discharge water into the sanitary sewer system. No person shall discharge
or cause to be discharged hazardous substances to any public sewers.
2. Storm Drain System. No person shall throw, drain, or otherwise discharge, cause, or
allow others under its control to throw, drain, or otherwise discharge into the storm
drain system any pollutants or waters containing any pollutants, other than
stormwater.
a. The following discharges are exempt from discharge prohibitions established
by this ordinance:
i. Water line flushing, landscape irrigation, diverted stream flows, rising
ground waters, uncontaminated ground water infiltration,
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;
ii. Discharges or flow from firefighting, and other discharges authorized
by the city in writing that are necessary to protect public health and
safety;
iii. Discharges associated with dye testing, however this activity requires
verbal notification to the city prior to the time of the test;
iv. The prohibition shall not apply to any non - stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
federal Environmental Protection Agency, provided that the discharger
is in full compliance with all requirements of the permit, waiver, or
order and other applicable laws and regulations, and further provided
that written approval has been granted for any discharges to the storm
drain system.
B. Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit connections to the
storm drain system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under the law or practices
applicable or prevailing at the time of the connection.
3. A person is considered to be in violation of this chapter if the person connects a line
conveying sewage to the storm drain system, or allows such connection to continue.
4. Improper connections in violation of this ordinance must be disconnected and
redirected, if necessary, to an approved onsite wastewater management system or the
sanitary sewer system upon approval of the city.
5. Any drain or conveyance that has not been documented in plans, maps or equivalent,
and which may be connected to the storm sewer system, shall be located by the owner
or occupant of that property upon receipt of written notice of violation from the City
requiring that such locating be completed. Such notice will specify a reasonable time
period within which the location of the drain or conveyance is to be determined, that
the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that
the outfall location or point of connection to the storm sewer system, sanitary sewer
system or other discharge point be identified. Results of these investigations are to be
documented and provided to the City.
C. Disconnection.
1. Before August 1, 2004, any person having a yard drain, roof surface, tile, or
swimming pool now connected and /or discharging into the sanitary sewer system
shall be disconnected or removed. Any disconnects or openings in the sanitary sewer
system shall be closed or repaired in an effective, workmanlike manner, as approved
by the Public Works Director or his designated agent.
2. Sump pumps shall not be connected to the sanitary sewer. Prior to the closing of the
sale of a dwelling, the seller must request that the sump pumps and drain tiles be
inspected by the city visually and /or by smoking to ensure that they are not connected
in any manner to the sanitary sewer system. If the city determines that the sump
pump or drain tile is illegally connected to the sanitary sewer system, the situation
must be corrected before the unit is considered in compliance to be sold.
D. Manner of disconnection.
1. The disconnection shall be accomplished by a complete and permanent method and
performed in a competent manner. Any disconnection, plugging, capping, rerouting,
altering, or modifying must be done in accordance with all applicable state and city
building codes.
2. A permanent installation shall be one which provides for year round discharge
capability to either the outside of the dwelling, building, or structure, or is connected
to city storm sewer or discharge through the curb and gutter to the street. It shall
consist of a rigid discharge line, without valving or quick connections for altering the
path of discharge, and if connected to the city storm sewer line, shall include a check
valve and air gap located in a small diameter structure.
E. Industrial or Construction Activity Discharges.
1. Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the City prior to the
allowing of discharges to the MS4.
2. The operator of a facility, including construction sites, required to have an NPDES
permit to discharge stormwater associated with industrial activity shall submit a copy
of the Notice of Intent (NOI) to the City at the same time the operator submits the
original Notice of Intent to the Environmental Protection Agency as applicable.
3. The copy of the Notice of Intent may be delivered to the City either in person or by
mailing it to:
Notice of Intent to Discharge Stormwater
City of Columbia Heights
590 401h Ave NE
Columbia Heights, MN 55421
4. A person commits an offense if the person operates a facility that is discharging storm
water associated with industrial activity without having submitted a copy of the
Notice of Intent to do so to the City.
F. Watercourse protection.
1. Every person owning or occupying premises through which a watercourse passes,
shall keep and maintain that part of the watercourse within the premises free of trash,
debris, excessive vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In addition, the owner
or occupant 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.
G. 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
may result in illegal discharges or pollutants discharging into stormwater, the storm
drain system, or waters of the state, 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 must immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of
a release of nonhazardous materials, said person shall notify the city no later than the
next business day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the city within three (3) business days of the personal
or phone notice. If the discharge of prohibited materials originates from an industrial
establishment, the owner or operator of such establishment shall also retain an on -site
written record of the discharge and the actions taken to prevent its recurrence. Such
records must be retained for at least four (4) years.
Chapter 8, Article VII, Section 8.705 (A) which currently reads to wit:
(A) Inspection.
(1) Every person owning improved real estate that discharges into the city's sanitary sewer
system shall allow a city employee or a designated representative of the city to inspect the
building to confirm that there is no sump pump or other prohibited discharges into the sanitary
system. In lieu of having the city inspect their property before the sale of a dwelling, the
property owner may furnish a certificate from a licensed plumber certifying that the property is
in compliance with this section.
(2) Any person refusing to allow their property to be inspected or refusing to furnish a
plumber's certificate within 21 days of the date city employee(s) or their designated
representatives are denied admittance to the property, shall immediately become subject to the
surcharge hereinafter provided for. Any property found to violate this article shall make the
necessary changes to comply with the article and furnish proof of the changes to the city.
(B) New construction. All new dwellings that are permitted to install a sump pump after June
1, 2004, shall have a pump that is piped to the outside of the dwelling before a certificate of
occupancy is issued. New homes will be required to have their sump pump system inspected
within 30 days of occupancy and a certificate of compliance must be completed before the
property owner may occupy the property.
(C) Incentives. Property owner reimbursement and fees related to the program will be set by
resolution.
(D) Surcharge. A surcharge of $100 per month is hereby imposed on every utility bill
accrued on or after January 1, 2005 to property owners who are not found to be in compliance
with this section or who have refused to allow the city to inspect the property. The surcharge
will be added to the property owner's utility billing until the property is found to be in
compliance.
(E) Penalties.
(1) Any person found to be violating any provision of this article shall be served by the city
with written notice stating the nature of the violation and providing a reasonable time limit for
the satisfactory correction thereof. The offender shall, within the period of time stated in such
notice, permanently cease all violations.
(2) In the event that the owner fails to correct the situation within the given time period, the
city may correct it and collect all such costs together with reasonable attorney fees, or in the
alternative, by certifying said costs of correction as any other special assessment upon the land
from which said correction of said violation was made.
(F) Winter discharge.
(1) The City Manager and his or her designee shall issue a permit to allow a property owner
to discharge surface water into the sanitary sewer system. The permit shall authorize such
discharge only from November 1 to March 30 of each year and a property owner is required to
meet at least one of the following criteria in order to obtain a permit:
(a) The freezing of the surface water discharge from sump pump or footing drain is
causing a dangerous condition, such as ice buildup or flooding, on public or private property.
(b) The property owner has demonstrated that there is a danger that the sump pump or
footing drain pipes will freeze up and result in either failure or damage to sump pump unit of the
footing drain and cause basement flooding.
(c) The water being discharged from the sump pump or footing drain cannot be readily
discharged into a storm drain or other acceptable drainage system.
(2) Following ten days' written notice and an opportunity to be heard, the City Manager
may require a property to discharge their sump pump into the sanitary sewer from November 1 to
March 30, if surface water discharge is causing an icy condition on streets.
(G) Disclaimer. The City of Columbia Heights does not guarantee or imply that areas will be
free from flooding or flood damages caused by inflow and infiltration. The city does not assume
a specific duty as to individual property owners to enforce this article, but is enacting the article
as a general regulation. This article shall not create liability on the part of the city or its offices
or employees for any flood damage that may result from failure to comply with any portion of
this article or any administrative decisions made pursuant thereto, whatever the cause.
Is hereby amended to read as follows:
A. Inspection.
1. Sanitary Sewer.
a. Every person owning improved real estate that discharges into the city's
sanitary sewer system shall allow a city employee or a designated
representative of the city to inspect the building to confirm that there is no
sump pump or other prohibited discharges into the sanitary system. In lieu of
having the city inspect their property before the sale of a dwelling, the
property owner may furnish a certificate from a licensed plumber certifying
that the property is in compliance with this section.
b. Any person refusing to allow their property to be inspected or refusing to
furnish a plumber's certificate within 21 days of the date city employee(s) or
their designated representatives are denied admittance to the property, shall
immediately become subject to the surcharge hereinafter provided for. Any
property found to violate this article shall make the necessary changes to
comply with the article and furnish proof of the changes to the city.
2. Storm Drain System. The City shall be permitted to enter and inspect facilities subject
to regulation under this ordinance as often as may be necessary to determine
compliance with this ordinance.
a. The owner or party responsible shall allow the City ready access to all parts of
the premises for the purposes of inspection, sampling, examination and
copying of records that must be kept under the conditions of an NPDES
permit to discharge stormwater, and the performance of any additional duties
as defined by state and federal law. Any temporary or permanent obstruction
to safe and easy access to the area to be inspected or sampled shall be
promptly removed by the discharger at the request of the city and shall not be
replaced.
b. If the city employee or representative of the city 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 city employee or
representative of the city may seek issuance of a search warrant from any
court of competent jurisdiction.
c. The City may require the discharger to install monitoring equipment or other
such devices as are necessary in the opinion of the city to conduct monitoring
or sampling of the premises stormwater discharge. The monitoring equipment
must be maintained by the discharger in a safe and proper operating condition
at all times. All devices used to measure stormwater flow and quality must be
calibrated to ensure their accuracy.
B. New construction. All new dwellings that are permitted to install a sump pump after June
1, 2004, shall have a pump that is piped to the outside of the dwelling before a certificate
of occupancy is issued. New homes will be required to have their sump pump system
inspected within 30 days of occupancy and a certificate of compliance must be completed
before the property owner may occupy the property.
1. Incentives. Property owner reimbursement and fees related to the program will be set
by resolution.
2. Surcharge. A surcharge of $100 per month is hereby imposed on every utility bill
accrued on or after January 1, 2005 to property owners who are not found to be in
compliance with this section or who have refused to allow the city to inspect the
property. The surcharge will be added to the property owner's utility billing until the
property is found to be in compliance.
C. Warning Notice. When the City finds that any person has violated, or continues to
violate, any provision of this ordinance, or any order issued hereunder, the City may
serve upon that person a written Warning Notice, specifying the particular violation
believed to have occurred and requesting the discharger to immediately investigate the
matter and to seek a resolution whereby any offending discharge will cease. Investigation
and /or resolution of the matter in response to the Warning Notice in no way relieves the
alleged violator of liability for any violations occurring before or after receipt of the
Warning Notice. Nothing in this subsection shall limit the authority of the City to take
any action, including emergency action or any other enforcement action, without first
issuing a Warning Notice.
D. Notice of Violation. Whenever the city finds that a person has violated a prohibition or
failed to meet a requirement of this chapter, the authorized enforcement agency may
order compliance by written notice of violation to the responsible person. The Notice of
Violation shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building, structure or land upon
which the violation is occurring, or has occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore compliance with this
ordinance and a time schedule for the completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to the City by filing
a written notice of appeal within three (3) days of service of notice of violation; and
7. A statement specifying that, should the violator fail to restore compliance within the
established time schedule, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to the violator.
Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and
the restoration of any affected property
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
E. Suspension of MS4 Access. When the City finds that any person has violated, or
continues to violate, any provision of this ordinance, or any order issued hereunder, or
that the person's past violations are likely to recur, and that the person's violation(s) has
(have) caused or contributed to an actual or threatened discharge to the MS4 or waters of
the United States which reasonably appears to present an imminent or substantial
endangerment to the health or welfare of persons or to the environment, the City may
issue an order to the violator directing it immediately to cease and desist all such
violations and directing the violator to:
1. Immediately comply with all ordinance requirements; and
2. Take such appropriate preventive action as may be needed to properly address a
continuing or threatened violation, including immediately halting operations and /or
terminating the discharge.
Any person notified of an emergency order directed to it under this Subsection shall
immediately comply and stop or eliminate its endangering discharge. In the event of a
discharger's failure to immediately comply voluntarily with the emergency order, the
City may take such steps as deemed necessary to prevent or minimize harm to the MS4 or
waters of the United States, and /or endangerment to persons or to the environment,
including immediate termination of a facility's water supply, sewer connection, or other
municipal utility services.
F. Penalties.
1. Any person found to be violating any provision of this article shall be served by the
city with written notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall, within the period
of time stated in such notice, permanently cease all violations.
2. In the event that the owner fails to correct the situation within the given time period,
the city may correct it and collect all such costs together with reasonable attorney
fees, or in the alternative, by certifying said costs of correction as any other special
assessment upon the land from which said correction of said violation was made.
3. Any person that has violated or continues to violate this chapter shall be liable to
criminal prosecution to the fullest extent of the law, and shall be subject to a criminal
penalty of $1,000.00 per violation per day and /or imprisonment for a period of time
not to exceed 90 days. The authorized enforcement agency may recover all attorneys'
fees, court costs, and other expenses associated with enforcement of this chapter,
including sampling and monitoring expenses.
G. Winter discharge.
1. The Director of Public Works and his or her designee shall issue a permit to allow a
property owner to discharge surface water into the sanitary sewer system. The permit
shall authorize such discharge only from November 1 to March 30 of each year and a
property owner is required to meet at least one of the following criteria in order to
obtain a permit:
a. The freezing of the surface water discharge from sump pump or footing drain is
causing a dangerous condition, such as ice buildup or flooding, on public or
private property.
b. The property owner has demonstrated that there is a danger that the sump pump or
footing drain pipes will freeze up and result in either failure or damage to sump
pump unit of the footing drain and cause basement flooding.
c. The water being discharged from the sump pump or footing drain cannot be
readily discharged into a storm drain or other acceptable drainage system.
2. Following ten days' written notice and an opportunity to be heard, the City Manager
may require a property to discharge their sump pump into the sanitary sewer from
November 1 to March 30, if surface water discharge is causing an icy condition on
streets.
H. Disclaimer. The City of Columbia Heights does not guarantee or imply that areas will be
free from flooding or flood damages caused by inflow and infiltration. The city does not
assume a specific duty as to individual property owners to enforce this article, but is
enacting the article as a general regulation. This article shall not create liability on the
part of the city or its offices or employees for any flood damage that may result from
failure to comply with any portion of this article or any administrative decisions made
pursuant thereto, whatever the cause.
This ordinance shall be in full force and effect from and after 30 days after its passage.
Firsts Reading: January 26, 2015
Second Reading: February 9, 2015
Dated of Passage: February 9, 2015
Offered by: Williams
Seconded by: Murzyn Jr.
Roll Call: All Ayes
1Vla�or Gat ` L. e e rson`
Attest:
G
atie Bruno
City Clerk