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Home My WebLink AboutOrdinance - 20-2022 - Adopt New Section in City Code, 5.78 Related to Salt Storage - 10/13/2022CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTERS BY ADOPTING NEW SECTION 5.78 RELATING TO SALT STORAGE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Chapter 5 of the City Code is hereby amended by adding the following new section: SECTION 5.78. SALT STORAGE Subd. 1. Purpose. The purpose of this section is to establish practices for the storage of chloride-based deicing materials to control their entry into the Municipal Separate Storm Sewer System (MS4) in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. Subd. 2. Definitions. For purposes of this section, the following terms have the meanings stated below. Salt means any chloride-based substance used to melt snow and ice or otherwise used for its anti-icing effects. Impervious Surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to installation of the hard surface. Examples include rooftops, sidewalks, patios, driveways, parking lots, and concrete, asphalt, or gravel roads. Institutional Facilities means churches, schools, and government buildings. The definitions contained in Section 5.75 govern other terms used in this section but not defined in this subdivision 2. Subd. 3. Application. The requirements of this section apply to all commercial facilities, institutional facilities, and non-NPDES permitted industrial facilities that store salt. Subd. 4. Requirements, Conditions, and Restrictions. A. Salt must be stored indoors whenever possible in order to prevent such materials from being affected by rain, snow, wind, and melt water. B. Salt may be stored outdoors only when indoor storage is not possible, subject to the following conditions, restrictions, and requirements: 1. Salt must be covered at all times. 2. A cover that is waterproof and impermeable must be placed over all salt piles. The cover must prevent runoff and leachate of salt from being generated from the piles. The cover must be secured at all times to prevent removal by wind or other weather events. Salt piles and covers must comply with all requirements of Chapter 11. 3. Any damage to the cover during the winter must be temporarily repaired to reduce the entrance of precipitation. 4. All salt must be stored on an impervious surface. Salt may not be stored on pervious surfaces. 5. Surfaces on which salt is stored must be swept immediately upon seasonal removal of salt. 6. Salt may not be stored within designated floodplains, on top of stormwater facilities, or down-gradient from snow storage areas. C. Sweeping, diversions, and containment measures must be implemented to reduce exposure of salt when transferring material in designated salt storage areas. Subd. 5. Violation; Public Nuisance. Violation of this section is a misdemeanor as provided in Section 5.99. In addition, any condition caused or permitted to exist in violation of this section is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, and may be summarily abated or restored by the City at the violator's expense, and/or the City may institute a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance. The violator will be liable for the cost of abatement, including administrative costs and legal fees. If an invoice for abatement costs remains unpaid for thirty (30) days after mailing by the City, the City may specially assess the costs against the property from which the violation arose. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation," Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of September, 2022 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of October, 2022. !}t«A~ ~ Nicole Tinglei,CiYCl Mayor Published in the Sun Sailor on the 13th day of October, 2022. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 20-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADOPTING A NEW SECTION 5.78 RELATING TO SALT STORAGE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 5 by adopting a new Section 5. 78 which establishes regulations for the storage of salt used to melt snow and ice. The ordinance requires that salt be stored indoors whenever possible, and imposes conditions, restrictions, and requirements when salt is stored outdoors. Effective Date: This Ordinance shall take effect upon publication. ATTEST: PUBLISHED in the Sun Sailor on October 13, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Debbie Schwalba being duly swqrn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SS . M tka_Excelsior_Eden Prairie with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §33 lA.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/13/2022 and the last insertion being on 10/13/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgag~ foreclosure notices: The newspaper ·complies with the conditions described in §580.033, subd. !, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. :', Subscribed and sworn to or affimied before me on 10/13/2022 by Debbie Schwalba. Qaffen. lb. h (!(< fb Notary Public -----~...,..,..---~ DAR LENE MARI E MACPHERSON NOTARY PUBLI C -MIN NES OTA l'Jly ~mmis sion Expires Jan 31 , 2024 Rate Information: (1) Lowest classified rate paid by co=ercial users for comparable space: $61.35 per column inch ~· Ad ID 1263973 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 20-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE . CHAPTER 5 BY ADOPTING A NEW SECTION 5.78 RELATING TO SALT STORAGE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 5 by adopting a new Section 5.78 which establishes regulations for the stor- age of salt used to melt snow and ice . The ordinance requires that salt be stored indoors whenever possi- ble, and imposes conditions, re- strictions, and requirements when salt is stored outdoors . Effective Date · This Ordinance shall take effect upon publication . A full copy of the .text of this Or- dinance is available from City Clerk. Kathy Nelson , Acting Mayor ATTEST: Nicole Tingley, City Clerk Published in the · Sun Sailor October 13 , 2022 1253g73