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ITEM 5.1 Adoption of Storm Water Pollution Prevention ProgramIV otsly.l o MINNE5OTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner May 23, 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 5.1 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends holding a public hearing to meet the requirements of MPCA as part of the City of Otsego adopted Storm Water Pollution Prevention Program. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes BACKGROUND/JUSTIFICATION: The City of Otsego must annually hold a public hearing allowing residents to communicate any ideas, suggestions or concerns they may have regarding storm water within the City of Otsego. City staff has met regarding stream lining the Storm Water Utility Fee system to hopefully simplify the funding and expenditure allocations and then determine if adjustments in either the Utility Fee or the general fund portions is necessary. It is planned that this will be part of this year's budget discussions with council. SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE • 2016 SWPP Annual Meeting Outline POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. No action or motion required. BUDGET INFORMATION FUNDING: BUDGETED: x YES Storm Water Utility Fee ❑ NO City of Otsego 2016 SWPPP Annual Meeting 4. Construction Site Stormwater Runoff Control Goal — Reduce sediment and erosion by implementing standards and enforcing through inspections. Require waste controls for site operators. Updates Needed — written procedures for identifying priority sites for inspection and written EPP (attached) 5. Post -Construction Stormwater Management Goal — Reduce pollutants in stormwater discharges by implementing permanent stormwater facilities, such as NURP ponds and treatment structures. Implement standards to ensure permanent BMP's are installed and maintained for new development and re -development. Updates Needed — Update Ordinance to comply with permit and written ERP (attached) 6. Pollution Prevention / Good Housekeeping Goal — Reduce pollutants in stormwater discharges by employing good housekeeping practices for municipal/public works operations. Activity — Street sweeping, pond, outfall and structure inspections, stockpile and handling area inspections, maintenance, repairs, etc. Updates Needed — none III. Upcoming Challenges ➢ Current permit expires July 31, 2018. ➢ Stage 2 will likely include a survey of all NURP ponds and evaluation of treatment capacity. City will eventually be required to dredge / maintain ponds as they fill up with sediment (expensive). ➢ Impaired Waters / Total Maximum Daily Load (TMDL) — Requires implementation by City after TMDL Plan is approved. Mississippi River — Mercury in fish tissue, Polychlorinated biphenyls in fish Tissue (2011) Crow River — Fecal Coliform (2012), Fish bioassessments (2017), Turbidity (2012), Dissolved Oxygen (2015) ➢ Funding — Adjustments to Storm Water Utility Fee may be required as actual costs are calculated and potential additional costs are determined. City of Otsego 2016 SWPPP Annual Meeting ➢ Management — May want to evaluate regional ponding vs. small development ponds. Regional ponding could provide large future cost savings when the costs of inspections, maintenance, and dredging are considered. otseg Minimum Control Measures (MCM)1: Public Education and Outreach Implementation Plan An implementation plan is required as part of the Stormwater Pollution Prevention Program (SWPPP) MCM 1. Permittees need to develop a plan for an education program that distributes educational materials or equivalent outreach that informs the public of the impact stormwater discharges have on water bodies. The program must include specifically selected stormwater-related issue(s) of high priority to the permittee and also illicit discharge recognition and reporting. The City of Otsego has selected yard waste and construction site erosion control as the topics of high priority. The implementation plan consists of five parts and are described below. 1. Target audience, including measurable goals for each audience The target audiences are the local residents and businesses of Otsego and the building contractors. The goal for the locals is to have the educational material (discussed below) reach at least 5,000 people per year. The goal for the contractors is to have every building and grading permit applicant receive a construction site erosion control flyer. 2. Responsible person(s) in charge of overall plan implementation The City Engineer, which is currently Ron Wagner, will be in charge of the implementation plan. 3. Specific activities and schedules to reach measurable goals Otsego's implementation plan focuses on four activities: supplying brochures for local residents and businesses, distributing flyers to building permit applicants, publishing articles for the newsletter, and maintaining a stormwater-related webpage. The City of Otsego has two informative brochures discussing the topics of detecting and reporting illicit discharges and on yard waste. These brochures are available year round at City Hall. The number of brochures obtained by the public are recorded annually. Additionally, the City provides a flyer on construction site erosion control to all building permit applicants, and keeps track of the number of permits handed out. There are at least two articles related to stormwater issues published in the quarterly Otsego View newsletter per year, which is mailed to all residents and businesses in the city as well as being posted online. Beyond printed materials, the City maintains a webpage stemming from their home page about stormwater topics and logs the number of webpage hits. 4. Description of any coordination with or use of other stormwater education programs Otsego does not coordinate with and/or use any other stormwater education and outreach programs being conducted by other entities at this time. 5. Annual evaluation to measure the extent to which goals are attained The efforts of reaching the goal of 5,000 residents and every building permit applicant will be evaluated at the annual SWPPP Public Hearing. 1.) Call Otsego City Hall at 763-441-4414 2.) Report a concern on the City webslte (www.cl.otsego. mn.us/) under the Living Here tab. Provide as much detail as possible regarding the Incident (Le. location, time, street address, license plate #, odor, pictures, etc.). OR 3.) Email the City Council, providing details of the Incident at cityhall@cl.otsego.mn.us Educating the public and working together to provide a healthy environment for future generations. Anoka, MN 55303 Phone: 763-427-5860 Fax: 763-427-0520 MS4 Public Education Illicit Discharge Detection and Elimination Illicit discharges or nonstormwater discharges are defined as "any discharge to the storm drain system that Is not composed of entirety of stormwater". The EPA makes exceptions for some nonstormwater discharges such as: lawn watering, air conditioners, etc. The following are examples of potential Illicit discharge sources. Examples: 17' Sanitary Sewer Septic Tanks Et Commercial Car Washes Automotive Maintenance and RepalrShops Laundromat t Spills from Roadway Accidents ► Swimming Pools Building Maintenance Outdoor Fluid Storage Industrial Processing Plants Fertilizers The following Is a list of prohibited discharges. This list contains some of the more common no"tormwater discharges. Examples: Industrial Process Water Commercial Car Wash Wastewater Sanitary Sewer Flows Wash -down of Loading Areas Wastewater Treatment Plant Effluent Dumping of Uquld Waste Chlorinated Pool Water Water Softener Brine Backwash Used Oil Radiator Flushing Disposal Phosphorous It Is often difficult to tell whether a non- stormwater discharge has occurred. The following Is a list of possible Indications that a nonstormwater discharge has occurred or Is occurring. Examples: Unusual Color or Cloudiness Strong Pungent or Musty Odor Floating Debris Surface Scum or Foam Oil Sheen Algae Dead Vegetation or Inhibited Growth ,�yc�l?t� it �Ai1i r J�FrI i Dead Fish; Stains on Channel Bottom or Sides it t . Pipe Corrosion It is illegal to dispose of yard waste with household trash. Alternative disposal methods are listed below. 1.) Dispose of yard waste free of charge at Wright County Recycling Center located at 505 County Road 37, Buffalo, NIN 55313. Please check their hours of operation via their website www.co.wright.mn.us. AM 2.) Private garbage haulers within the City will provide a separate container for yard waste for an additional charge. OR 3.) Dispose yard waste at Albertville compost site located off of MacIver Avenue approximately 1/2 mile north of CSAH 37/60th Street A free permit must be obtained from City Hall for use of the facility. For more information, please visit the city website (www.ci.otsego.mn.us) under the tab Living Here— Composting / Garbage Haulers. 13400 90th Street Northeast l Otsego, MN 55330 J tSe '() Phone: 763-441-4414 Fas:763-441-9163 Educating the public and working together to provide a healthy environment for future generations. son �r-,de'rson 3601 Thurston Avenue Anoka, MN 55303 Phone: 763-427-5860 Fax: 763-427-0520 Home and yard care practices can bane a large impact on water quality. Proper techniques can reduce phosphorus loads, deaeare nuisance algae growth, and promote evater quality for the benefit of plants, animals, and j on. Stick to she following techniques, and your home will contimre to look gizat and no longer halm nearby wetlands, streams, or lakes Grass clippings contain phosphorus, which is the nutrient that causes the green algal blooms in our wetlands, ponds, and lakes. One bushel of grass cNppings contain enough phosphorus to produce 30-50 pounds of algae. Y1 To keep grass clippings away from water sources: • Leave grass clippings on yard. They are a natural fertilizer. • Sweep grass clippings back onto your yard, so they don't get swept downstream by stormwater. • Do not dump clippings near edges of wetlands, ponds, or lakes. Minnesota soils contain enough phosphorus for our lawns to be healthy. Rain carries some of the fertilizer downstream. If it contains phosphorus, it will contribute to the nutrient impairment of out waters. To check the amount of phosphorus of your fertilizer, look at the middle number located on the bag. If it's zero (e.g. 30-0-15), then it is phosphorus free. Over salting driveways and sidewalks during winter causes an increase in chloride, which is harmful to fish and plants. To limit salting: • Apply salt before snowfall, which pre- vents snow and ice from building up. • Don't apply salt below 15'F,a as it is no longer working. • No more than 4lbs is needed, for a 1,000 ft- area. • Sweep up leftover salt after '- a snow/ice has melted. Overwatering yards leads to more water runoff that can transport grass clippings, salt, and other debris that can further pollute the waters downstream. • Only water June --September. From Oct. —May, minimal lawn watering is usually needed. • Water from 4am-8am. Less water is lost to evaporation in the early morning as temperatures are lower, sunlight is less intense, and there is less wind. • Loamy soils only need 1-inch of water per week (including rainfall), and sandy soils need 2-inches of water throughout the week. See map below for approximate locations of soil types in Otsego. • Irrigation should be adjusted to the above values once sod/seeds are established. City' of Otsego 95TH Sandy 9 TH Loamy a ioTH SURFACE WATER Spy NAT URA e� �_ FFER OO REDUNDANT SEDIMENT CONTROL 0 TEMPORARY SEED AND STABILIZE TOPSOIL STOCKPILE SILT FENCE OR HEAVY DUTY BIO ROLES (TYP.) EDGE OF DISTURBED AREA DRIVEWAY INLET HEAVY DUTY PROTECTION ROCK 50' MIN BIOROLL IN CONSTRUCTION DITCH BOTTOM ENTRANCE m X BITUMINOUS ROADWAY w z NOTE: oO TEMPORARY TOPSOIL STOCKPILES Q� SHALL NOT BE LOCATED IN DRAINAGE SWALES. m IF 50' NATURAL BUFFER IS NOT PRACTICAL, X REDUNDANT SEDIMENT CONTROLS ARE REQUIRED. �w 0 i N � TYPICAL LOT SEDIMENT CONTROL - RURAL � U NO SCALE Q Y Illicit Discharge: Enforcement Response Procedure Flow Chart No illicit discharge detected Document site inspection Retain documentation Illicit Discharge Reported Investigate discharge Illicit discharge detected Determine type, amount, and source of discharge Not Hazardous/Significant discharge Contact Owner Notice of Violation If abatement not achieved within given deadline, City will hire a contractor to fix problem and bill owner for cost of clean-up, damage, fees, and/or penalties BMPs may be required to prevent further release. If City needs to hire private contractor, costs will be incurred by owner. Hazardous/Significant discharge Call Minnesota Duty Officer 651-649-5451 Call a spill -response team: • OSI Environmental: 763-428-8775 • Safety Kleen: 1-888-375-5336 • SWDI: 612-285-9865 • Wenck Emergency Response: 1-800-368-8831 If applicable, City may suspend MS4 discharge access 0 Otsego Illicit Discharge: Enforcement Response Procedure (ERP) 1. SCOPE AND APPLICABILITY: These methods are used to respond to known, suspected, and reported illicit discharges. In accordance with the City's MS4 General Permit (Permit No. MNR040000), a written ERP is required to enforce and compel compliance with the Regulatory Mechanism(s) outlined in City of Otsego Code 6-9 and Otsego's Spill Response Plan. 2. SUMMARY OF METHOD: If an illicit discharge is reported, City staff will investigate and issue a Notice of Violation if necessary. If the spill is large enough, the Minnesota Duty Officer should be called. All investigations should be documented, even if no illicit discharge is detected. 3. ILLICIT DISCHARGE DEFINED: An illicit discharge is defined as any discharge into the City's Storm Sewer System not entirely comprised of stormwater. Examples of illicit discharges include the following: industrial process water, commercial car wash wastewater, sanitary sewer flows, dumping of liquid waste, chlorinated pool water, water softener brine backwash, used motor oil, radiator flushing disposal, and other automotive fluids. 4. PROCEDURE: 4.1 Field Investigation. A visual inspection of the site will be done. Documentation should include pictures and/or video of the illicit discharge and location of the spill. The source of the spill should be stopped, if it can be done safely. If possible, the illicit discharge should be traced back to the source of the spill. Contact with the property owner should be made (if known). 4.2 Enforcement. In the event that an illicit discharge is found and confirmed, the City shall serve a written Notice of Violation (NOV) to the owner. If the property owner or operator does not cooperate, representatives of the City are authorized to take any and all measures necessary to abate the violation and/or restore the property, as set forth in City Code 6-9-13. Payment of all expenses incurred by the City of Otsego related to remediation and administrative costs will be charged to the owner. All enforcements shall be documented and include the following: a. Name of the person responsible for violating the terms and conditions of the permittee's Regulatory Mechanism(s) b. Date(s) and location(s) of the observed violation(s) c. Description of the violation(s), including references(s) to relevant Regulatory Mechanism(s) d. Corrective action(s) (including completion schedule) issued by the permittee e. Date(s) and type(s) of enforcement used to compel compliance (e.g., written notice, citation, stop work order, withholding of local authorizations, etc.) f. Referrals to other regulatory organizations (if any) g. Date(s) violations resolved 4.3 Clean -Up. There are two different protocols based on the type of the illicit discharge. a. Not Hazardous/Significant Illicit discharges that are non -hazardous and/or can be contained with equipment on hand should be cleaned as follows: 01-se 0 go 1. Immediately apply absorbent material to the spill. Preferably an environmentally friendly hydrocarbon mitigation agent. Kitty litter, powdered laundry detergent, or an absorbent pad work as well. 2. Let absorbent sit overnight or for at least 12 hours. Be aware of weather conditions that may spread the spill further with rain or flooding. 3. Sweep up absorbed material and store it in a metal bin until it can be properly disposed of by one of the following waste management companies: OSI Environmental 763-428- 8775, Safety Kleen 888-375-5336, SWDI 612-285-9865, or Wenck Emergency Response: 800-368-8831. 4. DO NOT throw the absorbed material into the garbage. b. Hazardous/Significant Any illicit discharge that contains hazardous materials and/or is massive in size should follow the steps below. 1. Report it to the Minnesota Duty Officer at 651-649-5451. 2. Notify a spill -response team to clean up the spill: OSI Environmental 763-428-8775, Safety Kleen 888-375-5336, SWDI 612-285-9865, or Wenck Emergency Response: 800- 368-8831. 3. If applicable and can be safely done, suspend MS4 discharge access. Construction Sites: Enforcement Response Procedure Flow Chart Construction Site Inspection Are BMPs in place? Yes Are BMPs installed properly? No Are BMPs being maintained? In compliance Is the situation Yes detrimental to 1 public welfare? Document site inspection Stop Work Order & Revoke Permit No Retain documentation AL Verbal Warning; Re -inspection In compliance; In compliance permit can be re -issued Fail — Notice of Violation; Re -inspection City may implement Fail — Revoke Site Fail — Fine for BMPs to prevent Development everyday not in further impairment. Permit and do not compliance; Stop Costs will be incurred issue any new work order; by the owner. permits Re -inspection otsc• g Construction Inspections: Enforcement Response Procedure (ERP) 1. SCOPE AND APPLICABILITY: These methods are used to enforce erosion and sediment control for construction sites. In accordance with the City's MS4 General Permit (Permit No. MNR040000), a written ERP is required to enforce and compel compliance with the Regulatory Mechanism(s) outlined in City of Otsego Code 4-4. 2. SUMMARY OF METHOD: City staff inspects construction sites over several stages. If there is a violation, a verbal warning will be given. If the warning goes unheeded, a Notice of Violation will be issued with a deadline to fix the violation. If the site fails the inspection by the deadline, a daily fine will be incurred until it is fixed, and a stop work order may be issued. The City engineer may also revoke the site development permits. New permits would not be issued until the site is within compliance. If necessary, the City will construct Best Management Practices (BMPs) to prevent further impairment to the watershed, and the costs will be incurred by the owner. Once in compliance and all penalties accounted for, permits can be re -issued. All actions shall retain documentation. 3. DEFINITIONS: 3.1 Erosion: The wearing away of the ground surface as a result of movement of wind, water, and/or ice 3.2 Site Development Permit: a permit issued by the municipality for which the purpose is construction or alteration of ground. 4. ENFORCEMENT: 4.1 Stop -Work Order and Revocation of Permit. In the event that any person holding a site development permit violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City engineer may isse a stop -work order and/or suspend or revoke the site development permit. 4.2 Violation and Penalties. a. Verbal Warning. If a site is not in compliance, a verbal warning will be issued with the expectation that the offense will be corrected by the next inspection. b. Notice of Violation. If the verbal warning is disregarded and the site is still not in compliance, a Notice of Violation will be issued, which will include a deadline by which the site must have all appropriate erosion and sediment control measures in place. c. Stop -Work Order. If the site does not meet standards by the Notice of Violation deadline, the offending party shall be deemed guilty of a misdemeanor, and each day during which any violation is committed, continued, or permitted shall constitute a separate offense. Each offense may accompany a monetary fine. A stop -work order will be issued until the site is in compliance. d. Permit Revocation. If the site continues to be in violation, the site development permit will be revoked. The City may hire a private contractor to implement BMPs to prevent further impairment. The offending party shall be required to bear the expense of such restoration. Post -Construction Stormwater Management: Enforcement Response Procedure Flow Chart Design for Post -Construction Stormwater Management New Development Is there a net increase in stormwater a) volume? b) TSS? c) TP? No I I Yes In compliance I _ Redesign to '--►t meet standards Retain Documentation Re -Development Is there net reduction in stormwater a) volume? b) TSS? c) TP? No Yes In compliance Retain [Documentation Post -Construction Stormwater Management Inspection Yes Do as-builts match design? No In compliance; Verbal Warning; Retain Documentation Re -inspection City may implement BMPs to correct stormwater feature. Fail — Fine for Costs will be incurred by the 4 everyday not in owner. compliance Fail —Notice of Violation; Re -inspection l Post -Construction: Enforcement Response Procedure (ERP) 1. SCOPE AND APPLICABILITY: These methods are used to enforce the prevention or reduction of water pollution after construction activity. In accordance with the City's MS4 General Permit (Permit No. MNR040000), a written ERP is required to enforce and compel compliance with the Regulatory Mechanism(s) outlined in City of Otsego Code 4-5. 2. SUMMARY OF METHOD: City staff verifies post -construction stormwater management compliance in the design stage. After construction, the site is inspected to insure it meets the pre -approved design standards. If the site does not meet the design, a verbal warning will be given. If the warning goes unheeded, a Notice of Violation will be issued with a deadline to fix the violation. If the site fails the inspection by the deadline, a daily fine will be incurred until it is fixed, and, if necessary, the City will hire contractors to correct the stormwater management features, in which the costs will be incurred by the owner. All actions shall retain documentation. 3. DEFINITIONS: 3.1 As-builts: measured drawings of the site submitted by contractor upon completion of construction 3.2 Best Management Practice (BMP): structural or non-structural methods to prevent or reduce the pollution of runoff, including schedules of activities, infiltration, filtration, and other management practices 3.3 New Development: all construction activity that is not defined as redevelopment 3.4 Redevelopment: any construction activity where, prior to the start of construction, the areas to be disturbed have 15 percent or more of impervious surface(s) 3.5 MS4 Permit: Municipal Separate Storm Sewer System permit given to the City of Otsego regulates the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable and are subject to regulation under the National Pollutant Discharge Elimination System 3.6 Notice of Violation: given to the person responsible for breaching the post -construction stormwater management, as stated in City Code 9-5 and the MS4 permit, in which the type of violation, date of violation, actions to correct violation, and deadline to perform said actions will be given 3.7 Site: A parcel of land, or a contiguous combination, where construction work is performed as a single unified operation 3.8 Site Development Permit: A permit issued by the municipality for which the purpose is construction or alteration of ground 3.9 Stormwater: stormwater runoff, snow melt runoff, and surface runoff and drainage 3.10 Total Phosphorus (TP): sum of particulate and dissolved phosphorus contained within the stormwater 3.11 Total Suspended Solids (TSS): amount of solids in suspension in the water that can be treated through filtration 4. ENFORCEMENT: 4.1 Design. A site development permit will not be issued until the pre -construction designs meet the post -construction stormwater management requirements outlined in the City Code 9-4 and/or Section III.D.5 of the MS4 permit, whichever is more stringent. 0 Olsq)o a. New Development. There can be no net increase in stormwater discharge volume, TSS, and TP from pre -project conditions b. Redevelopment. There must be a net reduction in stormwater discharge volume, TSS, and TP from pre -project conditions. 4.2 Inspection. a. Verbal Warning. If a site does not match the pre -approved design, a verbal warning will be issued with the expectation that the stormwater management feature will be corrected by the next inspection. b. Notice of Violation. If the verbal warning is disregarded and the site is still not in compliance, a Notice of Violation will be issued, which will include a deadline by which the site must match all design requirements. c. Fines. If the site does not meet standards by the Notice of Violation deadline, the offending party shall be deemed guilty of a misdemeanor, and each day during which any violation is committed, continued, or permitted shall constitute a separate offense. Each offense may accompany a monetary fine. The City may hire a private contractor to correct the violation(s), and all costs will be incurred by the owner.