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.