ORDINANCE
NO. 5
AN ORDINANCE ESTABLISHING
EROSION CONTROL AND STORM WATER MANAGEMENT
REQUIREMENTS FOR LAND DISTURBANCES AND WATER QUALITY
Section
1: Purpose. The purpose of this ordinance is to establish standards
and specifications for conservation practices and planning activities to
minimize soil erosion and sedimentation, and regulate construction site erosion
and storm water runoff to accomplish the following objectives:
a.
Promote local storm water management;
b.
Minimize sedimentation; water pollution from
nutrients, heavy metals, chemicals, petroleum products and other contaminants;
flooding; and thermal impacts to the water resources of
c.
Promote infiltration and groundwater recharge;
d.
Protect functional values of natural water courses and
wetlands;
e.
Provide a single, consistent set of performance
standards for
f.
Protect public and private property from damage resulting
from runoff or erosion;
g.
Prohibit illicit discharges to the municipal separate
storm sewer system;
h.
To establish legal authority to carry out all
inspection, monitoring and enforcement procedures necessary to ensure
compliance with this Ordinance.
Section 2: Definitions.
1. LAND DISTURBANCE means any disturbance to the ground surface that may result in soil erosion from water or wind and the movement of sediments into or upon waterbodies or wetlands within the watershed. Land disturbance includes but is not limited to the demolition of a structure or surface, soil stripping, clearing, grubbing, grading, excavating, filling, the storage of soil or earth materials, and the removal or replacement of impervious surfaces other than public roadways. This includes a disturbance to the land that results in a change in the topography, existing soil cover, or vegetation that may result in accelerated storm water runoff which may lead to soil erosion and movement of sediment. The term does not include normal farming practices as part of an ongoing farming operation.
2. PERMITTEE means the applicant for a permit under this Ordinance, or the holder of a permit issued under this Ordinance.
3. INSPECTOR means the person or entity appointed and contracted with by the Watab Township Board to perform the duties of the Board as delegated by this Ordinance.
Section 3: Authority.
1.
This Ordinance is enacted pursuant to a Storm Water
Pollution Prevention Plan (SWPPP) approved by the Minnesota Pollution Control
Agency (MPCA). Watab Township is required to be covered by General Permit No:
MNR040000 Authorization To Discharge Storm Water Associated With Municipal
Separate Storm Sewer Systems Under The National Pollutant Discharge Elimination
System/State Disposal System Permit Program, consistent with State and Federal
law.
2.
Watab Township hereby adopts by reference, the
standards set forth in the MPCA’s General Permit-Authorization To Discharge
Stormwater Associated With Construction Activity Under The National Pollutant
Discharge Elimination System Permit Program (Permit No: MN R100001), also known
as the NPDES Phase II Permit, along with any future amendments.
Section 4:
Scope.
1.
This Ordinance shall become effective upon
enactment, and applies to all property within the jurisdictional boundaries of
2.
The Watab Township Board adopts the requirements of
the NPDES Phase II permit program as promulgated by the MPCA. Any activity requiring an NPDES storm
water permit also requires a permit from
3. Unless the Township has determined the activity to be exempt under part 5 of this Section, all proposed land disturbances that are equal to or greater than one (1) acre in size, and including the disturbance of less than one (1) acre that is part of a larger common plan of development or sale that will ultimately disturb greater than one (1) acre, or result in the temporary or permanent placement of or stockpiling of fifty (50) cubic yards or more of soil materials, shall submit to the Township, a copy of their project SWPPP for review and approval.
4. No land disturbance shall be allowed until the Township has approved the project SWPPP and issued a permit under this Ordinance.
5. The following activities are not regulated under this Ordinance and are Exempt;
a. Minor land disturbance activities such landscaping, repairs, and maintenance work that are less than one (1) acre in size and not part of a larger common plan of development or sale.
b. Land disturbances to construct, install, or maintain public or private utilities that are less than one (1) acre in size and not part of a larger common plan of development or sale.
c. All agricultural activities for the production of agricultural, horticultural, or silvicultural crops and livestock production including the installation or maintenance of drainage tile lines and fencing for livestock or other agricultural purposes.
d.
All wetland
activities within or adjacent to a delineated wetland, authorized and performed
in conformance with the rules of the Minnesota Wetland Conservation Act.
e.
Emergency
repair work requiring immediate action, provided the disturbed area is limited
to the minimum area needed to address the emergency and the area is stabilized
in accordance with the Ordinance requirements as soon as possible. Approval
will be required for all subsequent or additional work.
f.
Commercial
mining activities including the extraction, crushing, washing, refining or
processing of sand, gravel, rock, black dirt, peat and soils and their removal
from the site.
g.
Public
drainage systems established under Minnesota Statute Chapter 103D.
6.
The Watab Township Board shall be responsible for
administration and enforcement of this Ordinance. The Town Board may contract with a private storm water
inspector (Inspector) to administer the provisions of this Ordinance. The
Inspector must be licensed and insured.
7.
Where the standards of this Ordinance differ or
conflict with any applicable ordinance, regulation, statute, or rule, the more
restrictive standards shall apply.
8.
The success and reliability of all Best Management
Practices required by the SWPPP, Watab Township Board, or Inspector remain the
sole responsibility of the Permittee.
Section 5:
Permit Application. The
Permittee must provide the following when applying for a permit:
a.
Copy of the SWPPP prepared for the MPCA NPDES Phase II
Permit Program;
b.
Copies of permits or permit applications or approvals
required by any other governmental entity, including documents sent to the
state administered NPDES Phase II Permit program;
c.
A proposed timetable and schedule for completion and
installation of all elements of approved erosion control and storm water
management plans and a proposed schedule for completion of construction; and
d.
Appropriate fee as set forth in the Watab Township Fee
Schedule.
Section 6:
Approval Process. The Township Board or Inspector shall determine if the
permit application is complete. The Township Board or Inspector shall review
the SWPPP for compliance with the standards which are identified in the
Minnesota Pollution Control Agency’s NPDES Phase II construction site storm water
permit. If the SWPPP is found to comply with this Ordinance, the Township Board
or Inspector shall issue a permit.
Section 7:
Conditions.
1.
The SWPPP shall be implemented prior to the start of
any land disturbing activity and shall be maintained over the duration of the
project. Permanent storm water components of the plan shall be maintained in
perpetuity.
2.
The design of all Best Management Practices must meet
the requirements of this Ordinance and comply with the following technical
standards:
a.
Minnesota Pollution Control Agency’s “Storm Water
Compliance Assistance Toolkit for Small Construction Operators”, or as it is
amended;
b.
The Minnesota Pollution Control Agency’s Storm Water
Manual.
c.
Any other technical methodology, providing they are at
least as effective and stringent as MPCA best management practices.
3.
The Permittee is responsible for successful completion
of the SWPPP.
4.
The
Permittee shall be liable for all costs incurred, including environmental
restoration costs, resulting from noncompliance with an approved plan.
5.
Application for a permit shall constitute express
permission by the Permittee for the Township Board or Inspector to enter the
property for purposes of inspection or enforcement.
Section 8:
Inspections.
1.
Prior
to excavation, all perimeter controls must be inspected by the Inspector.
2.
The
Inspector shall inspect the property to verify compliance with the submitted
SWPPP within 10 days of notification of soil stabilization.
3.
All NPDES required inspections and maintenance of the
permitted site are the responsibility of the owner. The Permittee’s inspection
records must be made available to
Section 9:
Permit Transfer or Modification. Permits may not be transferred or modified without the
written consent of the Watab Township Board or the Inspector. Any major
modifications to approved plans, construction schedules or alterations to
accepted sequencing of land disturbing site activities shall be approved by the
MPCA in a NPDES Permit Transfer/Modification. The Permittee shall submit a copy
to
Section
10: Termination of Coverage. Permittees wishing to terminate coverage under a
township permit must submit, to Watab Township, a copy of the Notice of Termination
sent to the MPCA. Compliance with a township permit is required until final
stabilization of the site is completed and a Notice of Termination is
submitted.
Section 11:
Storm Water Discharge Design Requirements.
1.
Storm water discharge design requirements for
2.
The identity of the entity responsible for long-term
maintenance of the permanent storm water must be submitted to
Section 12: Prohibition of Illicit Discharges. No person shall throw, drain, or
otherwise discharge, cause, or allow others under its control to throw, drain
or otherwise discharge into the municipal separate storm sewer system any
pollutants or waters containing any pollutants, other than storm water. The
following discharges are exempt from the prohibition provisions above:
a.
water
line flushing or other potable water sources;
b. landscape irrigation or lawn watering;
c. diverted stream flows, ground water infiltration to storm drains, and uncontaminated pumped ground water;
d. foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, and air conditioning condensation;
e. non-commercial washing of vehicles;
f. de-chlorinated swimming pools (less than one part per million chlorine);
g. fire fighting activities; and
h. any other water source, as determined by the Watab Township Board or the Inspector, that does not contain pollutants.
Section 13: Violations.
1.
Violation is a Misdemeanor. A violation of this
Ordinance, or a permit issued under this Ordinance, is a misdemeanor subject to
the maximum penalty provide by
2. Enforcement. The Watab Township Board may exercise all powers conferred upon it by Minnesota Statutes in enforcing this Ordinance.
3. Court Action. The Watab Township Board may
enforce this Ordinance through court action, including criminal prosecution,
injunction, or an action to compel performance, restoration, or abatement. The
costs of prosecution or other courts costs, including attorneys’ fees, shall be
paid by the person found to have caused the violation.
4. Administrative Order. The Watab
Township Board or Inspector may enforce this Ordinance by issuing a cease and desist
order when it finds that an activity violates this Ordinance or any permit
issued by Watab Township. Such an administrative order may
require additional inspections that may be subject to additional fees.
5. Order to Show Cause. The Watab Township Board may require a person entity
in violation of this Ordinance, or a permit issued under this Ordinance, to
appear at a Watab Township Board meeting to show cause why the violation should
be allowed to continue.
6. Future Permits.
No future permit shall be issued to any person or entity in violation of this
Ordinance or a previously issued permit, until the violation has been remedied
to the sole satisfaction of the Watab Township Board.
7. 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 Watab Township Board to seek cumulative remedies.
ADOPTION OF ORDINANCE
ADOPTED this 1st day of December, 2009 by the Township Board of the Township of Watab.
IN FAVOR: Supervisors Ed Kacures, Jr.; Lloyd Erdmann;
and Craig Gondeck
OPPOSED: None
______Ed Kacures______
Ed Kacures, Chairman
Pat Spence
Pat Spence, Clerk