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HomeMy WebLinkAboutOrdinance - 13-2012 - Amending City Code 5.75 Relating to Stormwater Illicit Discharge - 06/14/2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.75 RELATING TO STORMWATER ILLICIT DISCHARGE AND CONNECTIONS 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: Section 1. City Code Chapter 5 is amended by adding Section 5.75 to read as follows: SECTION 5.75— STORMWATER ILLICIT DISCHARGE AND CONNECTIONS Subd. 1. Declaration of Policy and Purpose. The purpose of this section is to set forth minimum requirements for stormwater management that will diminish threats to public health, safety, public and private property, and natural resources of the community by establishing standards that protect the city's lakes, ponds, wetlands, and streams from pollutants carried in urban runoff. This ordinance establishes methods for controlling the introduction of pollutants 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 the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. "Illicit discharge". Any direct or indirect non-stormwater discharge to the storm sewer system except as exempted in Subd. 4 of this ordinance. B. "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 non-stormwater discharge such as sewage, process wastewater, and wash water, 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 an authorized enforcement agency. C. "Municipal Separate Storm Sewer System (MS4)". A stormwater conveyance or unified stormwater conveyance system (including without limitation roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural or man-made channels or storm drains that are located within the corporate limits of Eden Prairie, MN and are owned or operated by the City, State, County or other public body. D. "MPCA". The Minnesota Pollution Control. Agency. E. "NPDES". The National Pollutant Discharge Elimination System (NPDES) permit program which controls water pollution by regulating sources that discharge pollutants into waters of the United States. F. "Pollutant". Any man-made or man-induced alteration of the chemical, physical, biological, thermal and/or radiological integrity of the water which has the potential to harm human life, aquatic life, terrestrial plant life and/or wildlife. G. "Stormwater". Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation. H. "Stormwater System". A Stormwater System includes any stormwater facility, drainage work or improvement that is designed to transport, convey or control the flow of stormwater or that improves or controls the water quality of stormwater. This shall include but is not limited to, outfalls, inlets, outlets, conduits, pipes, curbs, municipal streets, catch basins, gutters, ditches, pumping stations, manholes, structures, channels, retention or detention basins, infiltration areas, filtration systems and other structural components and equipment that are used for managing storm drainage or surface water. Stormwater Systems include both Public and Private Systems. i. Public Stormwater Systems are those Stormwater Systems that are under the control and/or ownership of the city, county, state or federal government. Public Stormwater Systems includes all Waters of the State located within the City that are used for managing the surface water system. ii. Private Stormwater Systems are those Stormwater Systems that are not under the control or ownership of the city, county, state and/or federal government. I. "Surface water or waters". All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, or irrigation systems, whether natural or artificial, public or private. J. "Wastewater". Any water or other liquid waste, other than uncontaminated stormwater, that has been used, such as for washing, flushing, or in a manufacturing process, and so contains waste products, discharged from a facility and collected in a sewer system and conveyed to a sewage treatment plant for processing. Subd. 3. Stormwater and urban runoff control. All water entering the stormwater system will be protected from illegal disposal/dumping and illicit discharges and connections. A. Illegal disposal/dumping. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into a Stormwater System any pollutants or waters containing any pollutants other than stormwater. B. Illicit discharges and connections. I. No person shall cause any illicit discharge to enter a Stormwater System. 2. No person shall use any illicit connection to intentionally convey non-stormwater to a Stormwater System. 3. The construction, use, maintenance or continued existence of illicit connections to a Stormwater System is prohibited. This prohibition includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Subd. 4. Exemptions. The following activities shall be exempt from Subd. 3. A. Discharge of non-stormwater discharge that is authorized by an NPDES permit, Notice of Intent, waiver, or wastewater discharge order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency (EPA) or MPCA, B. Firefighting activities or other activities necessary to protect public health and safety, C. Dye testing, but such testing requires written notification to the City Engineering Department prior to the time of the test, D. Water line flushing or flushing of other potable water sources, E. Landscape irrigation or lawn watering, F. Residential car washing, G. Diverted stream flows that have a Permit from the Minnesota Department of Natural Resources (DNR) or MPCA, H. Uncontaminated ground water infiltration, 1. Foundation or footing drains that discharge uncontaminated groundwater, J. Crawl space pumps, K. Air conditioning condensation, L. Noncommercial washing of vehicles, M. Natural wetland flows, N. Dechlorinated swimming pool water, O. Street wash water discharged that is necessary for health or safety purposes and not in violation of any other provisions of city code, P. Flows from riparian habitats and wetlands, and Q. Any other water source not containing a pollutant. Subd. 5. Good Housekeeping Provisions. Any owner or occupant of property within the City shall comply with the following good housekeeping requirements. A. No person shall leave, deposit, discharge, dump or otherwise introduce pollutants in an area where discharge to streets or the storm drain system occurs. B. For pools greater than 1,000 gallons in size, water shall sit a minimum of seven (7) days without the addition of chlorine to allow for chlorine to evaporate before discharge. C. Any facility subject to a MPCA General Stormwater Permit for Industrial or Construction Activity shall comply with all provisions of such permit including the creation of a Stormwater Pollution Prevention Plan (SWPPP). The Proof of Coverage from the MPCA of the Stormwater Permit must be submitted to the City before any discharge occurs under the permit. Proof of compliance with said permit shall be provided in a form acceptable to the city upon the City's request. D. As soon as any person responsible for a facility or operation has information of any known or suspected release of materials that are resulting or may result in illegal discharges or pollutants discharging into a Stormwater System, said person shall take steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the City in person or by phone or facsimile no later than the next business day. Subd. 6. Public Waters Protection. Every person owning property through which Public Waters pass, as defined in Minn. Stat. §103G.005, Subd. 15, or such person's lessee, shall keep and maintain that part of the public waters within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the public waters. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to public waters, so that such structures will not become a hazard to the use, function, or physical integrity of the public waters. Subd. 7. Inspection,Monitoring and Testing. A. The city shall be permitted to enter and inspect all Stormwater Systems as necessary to determine compliance with this ordinance. If security measures are in force which require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements to allow access to representatives of the City. B. Facility operators shall allow the city ready access to all parts of its Stormwater System for the purposes of inspection, sampling, testing, examination and copying of records that must be kept under the conditions of a NPDES Permit to discharge stormwater. C. The city shall have the right to set up at any Stormwater System devices necessary in the opinion of the City to conduct monitoring, sampling and/or dye testing of the facility's stormwater discharge. D. The city has the right to require the discharger to install monitoring equipment as the City deems necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. E. If the city has been refused reasonable access to any Stormwater System and the City is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. Subd. 8. Violations and Penalties. It shall be unlawful to violate any provision or fail to comply with any of the requirements of this ordinance. A. The city may, without prior notice, suspend Stormwater System access to any building/site when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the enviromnent, or to the health or welfare of persons, or to the storm sewer system or surface waters. B. In the event the violation constitutes an immediate danger to public health or safety, the City is authorized to enter upon the subject property without giving prior notice to take any and all measures necessary to abate the violation and/or restore the property. C. Failure to comply with a suspension order issued in an emergency will result in any process deemed necessary to prevent or minimize damage to the storm sewer system or surface waters, or to minimize danger to persons. Subd. 9. Violation deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Subd. 10. Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 7 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the City may assess the charges against the property. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. Subd. 11. 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 city to seek cumulative remedies. The City may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. Subd. 12. Compatibility with Other Regulations. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. Subd. 13. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Subd. 1.4. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend or imply that compliance by any person will ensure that there will be no contamination,, pollution, or unauthorized discharge of pollutants. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation' and 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 151h day of May 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of June, 2012. Kathl n Porta, City Clerk Na _Ty -Luk , Ma r Published in the Eden Prairie News on the day of , 2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 13-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.75 RELATING TO STORMWATER ILLICIT DISCHARGE AND CONNECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 13-2012. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk, The Ordinance adds City Code Section 5.75 which establishes guidelines for discharge, detection and testing for illicit discharges of water runoff to the city's stormwater system. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE: This Ordinance shall take effect upon publication. ATTEST: Kathie Porta, City Clerk N cy ra- en , y r PUBLISHED in the Eden Prairie News on June 14, 2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTERS BY ADDING SECTION 5.75 RELATING TO STORMWATER ILLICIT DISCHARGE AND CONNECTIONS 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: Section 1. City Code Chapter 5 is amended by adding Section 5.75 to read as follows: SECTION 5.75 — STORMWATER ILLICIT DISCHARGE AND CONNECTIONS Subd. 1. Declaration of Policy and Purpose. The purpose of this section is to set forth minimum requirements for stormwater management that will diminish threats to public health, safety, public and private property, and natural resources of the community by establishing standards that protect the city's lakes, ponds, wetlands, and streams from pollutants carried in urban runoff. This ordinance establishes methods for controlling the introduction of pollutants 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 the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. "Illicit discharge". Any direct or indirect non-stormwater discharge to the storm sewer system except as exempted in Subd. 4 of this ordinance. B. "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 non-stormwater discharge such as sewage, process wastewater, and wash water, 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 an authorized enforcement agency. C. "Municipal Separate Storm Sewer System (MS4)". A stormwater conveyance or unified stormwater conveyance system (including without limitation roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural or man-made channels or storm drains that are located within the corporate limits of Eden Prairie, MN and are owned or operated by the City, State, County or other public body. D. "MPCA". The Minnesota Pollution Control Agency. E. "NPDES". The National Pollutant Discharge Elimination System (NPDES) permit program which controls water pollution by regulating sources that discharge pollutants into waters of the United States. F. "Pollutant". Any man-made or man-induced alteration of the chemical, physical, biological, thermal and/or radiological integrity of the water which has the potential to harm human life, aquatic life, terrestrial plant life and/or wildlife. G. "Stormwater". Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation. H. "Stormwater System". A Stormwater System includes any stormwater facility, drainage work or improvement that is designed to transport, convey or control the flow of stormwater or that improves or controls the water quality of stormwater. This shall include but is not limited to, outfalls, inlets, outlets, conduits, pipes, curbs, municipal streets, catch basins, gutters, ditches, pumping stations, manholes, structures, channels, retention or detention basins, infiltration areas, filtration systems and other structural components and equipment that are used for managing storm drainage or surface water. Stormwater Systems include both Public and Private Systems. i. Public Stormwater Systems are those Stormwater Systems that are under the control and/or ownership of the city, county, state or federal government. Public Stormwater Systems includes al l Waters of the State located within the City that are used for managing the surface water- system. ii. Private Stormwater Systems are those Stormwater Systems that are not under the control or ownership of the city, county, state and/or federal government. I. "Surface water- or waters". All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, or irrigation systems, whether natural or artificial, public or private. J. "Wastewater". Any water or other liquid waste, other than uncontaminated stormwater, that has been used, such as for washing, flushing, or in a manufacturing process, and so contains waste products, discharged from a facility and collected in a sewer system and conveyed to a sewage treatment plant for processing. Subd. 3. Stormwater and urban runoff control. All water entering the stormwater system will be protected from illegal disposal/dumping and illicit discharges and connections. A. Illegal disposal/dumping. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into a Stormwater System any pollutants or waters containing any pollutants other than stormwater. B. Illicit discharges and connections. 1. No person shall cause any illicit discharge to enter a Stormwater System. 2. No person shall use any illicit connection to intentionally convey non-stormwater to a Stormwater System. 3. The construction, use, maintenance or continued existence of illicit connections to a Stormwater System is prohibited. This prohibition includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Subd. 4. Exemptions. The following activities shall be exempt from Subd. 3. A. Discharge of non-stormwater discharge that is authorized by an NPDES permit, Notice of Intent, waiver, or wastewater discharge order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency (EPA) or MPCA, B. Firefighting activities or other activities necessary to protect public health and safety, C. Dye testing, but such testing requires written notification to the City Engineering Department prior to the time of the test, D. Water line flushing or flushing of other potable water sources, E. Landscape irrigation or lawn watering, F. Residential car washing, G. Diverted stream flows that have a Permit from the Minnesota Department of Natural Resources (DNR) or MPCA, H. Uncontaminated ground water infiltration, I. Foundation or footing drains that discharge uncontaminated groundwater, J. Crawl space pumps, K. Air conditioning condensation, L. Noncommercial washing of vehicles, M. Natural wetland flows, N. Dechlorinated swimming pool water, O. Street wash water discharged that is necessary for health or safety purposes and not in violation of any other provisions of city code, P. Flows from riparian habitats and wetlands, and Q. Any other water source not containing a pollutant. Subd. 5. Good Housekeeping Provisions. Any owner or occupant of property within the City shall comply with the following good housekeeping requirements. A. No person shall leave, deposit, discharge, dump or otherwise introduce pollutants in an area where discharge to streets or the storm drain system occurs. B. For pools greater than 1,000 gallons in size, water shall sit a minimum of seven (7) days without the addition of chlorine to allow for chlorine to evaporate before discharge. C. Any facility subject to a MPCA General Stormwater Permit for Industrial or Construction Activity shall comply with all provisions of such permit including the creation of a Stormwater Pollution Prevention Plan (SWPPP). The Proof of Coverage from the MPCA of the Stormwater Permit must be submitted to the City before any discharge occurs under the permit. Proof of compliance with said permit shall be provided in a form acceptable to the city upon the City's request. D. As soon as any person responsible for a facility or operation has information of any known or suspected release of materials that are resulting or may result in illegal discharges or pollutants discharging into a Stormwater System, said person shall take steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the City in person or by phone or facsimile no later than the next business day. Subd. 6. Public Waters Protection. Every person owning property through which Public Waters pass, as defined in Minn. Stat. §103G.005, Subd. 15, or such person's lessee, shall keep and maintain that part of the public waters within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the public waters. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to public waters, so that such structures will not become a hazard to the use, function, or physical integrity of the public waters. Subd. 7. Inspection, Monitoring and Testing. A. The city shall be permitted to enter and inspect all Stormwater Systems as necessary to determine compliance with this ordinance. If security measures are in force which require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements to allow access to representatives of the City. B. Facility operators shall allow the city ready access to all parts of its Stormwater System for the purposes of inspection, sampling, testing, examination and copying of records that must be kept under the conditions of a NPDES Permit to discharge stormwater. C. The city shall have the right to set up at any Stormwater System devices necessary in the opinion of the City to conduct monitoring, sampling and/or dye testing of the facility's stormwater discharge. D. The city has the right to require the discharger to install monitoring equipment as the City deems necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. E. If the city has been refused reasonable access to any Stormwater System and the City is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. Subd. 8. Violations and Penalties. It shall be unlawful to violate any provision or fail to comply with any of the requirements of this ordinance. A. The city may, without prior notice, suspend Stormwater System access to any building/site when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system or surface waters. B. In the event the violation constitutes an immediate danger to public health or safety, the City is authorized to enter upon the subject property without giving prior notice to take any and all measures necessary to abate the violation and/or restore the property. C. Failure to comply with a suspension order issued in an emergency will result in any process deemed necessary to prevent or minimize damage to the storm sewer system or surface waters, or to minimize danger to persons. Subd. 9. Violation deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Subd. 10. Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 7 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the City may assess the charges against the property. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. Subd. 11. 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 city to seek cumulative remedies. The City may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. Subd. 12. Compatibility with Other Regulations. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. Subd. 13. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Subd. 14. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and 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 15'h day of May 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 51h day of June, 2012. Kathl n Porta, City Clerk Nai �Ty -Luke s, Ma r Published in the Eden Prairie News on the N ay of �KQ� , 2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 13-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.75 RELATING TO STORMWATER ILLICIT DISCHARGE AND CONNECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 13-2012. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance adds City Code Section 5.75 which establishes guidelines for discharge, detection and testing for illicit discharges of water runoff to the city's stormwater system. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE: This Ordinance shall take effect upon publication. ATTEST: Kathlev6 Porta, City Clerk N cy , en , y r PUBLISHED in the Eden Prairie News on .Tune 14, 2012. Affidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE State Of Minnesota ) HENNEPIN COUNTY, MINNESOTA )SS. SUMMARY OF ORDINANCE NO. County Of Hennepin ) 13-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CITY CODE CHAP. Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the TER 5 BY ADDING SECTION 5.75 publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts RELATING TO STORMWATER herein stated as follows: ILLICIT DISCHARGE AND CON- NECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAP- (A) This newspaper has complied with the requirements constituting qualification as a legal TER 1 AND SECTION 5.99 WHICH newspaper, as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws, as AMONG OTHER THINGS CON- amended. TAIN PENALTY PROVISIONS. The following is only a sum- (B)The printed public notice that is attached to this Affidavit and identified as No. nary of Ordinance No. 13-2012. was published on the date or dates and in the newspaper stated in the attached Notice and said The full text y any person during available for public Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of inspection by the newspaper s specified. Printed below is a co of the lower case alphabet from A to Z, both regular office hours at the Office ofP PY P the City Clerk. inclusive,and is hereby acknowledged as being the kind and size of type used in the composition The Ordinance adds City Code and publication of the Notice: Section 5.75 which establishes guidelines for discharge,detection abcdefghijklmnopgrstuvwxyz and testing for illicit discharges of 1 water runoff to the city's storm. I water system. This Ordinance Lr �ti // J incorporates, by reference, City y: UI t'�"Y c Code Chapter l and City Code Sec tion 5.99,which contain provisions Laurie A.Hartmann relating to penalties. Effective Date: This Ordinance shall take:effect upon publication. Subscribed and sworn before me on Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk (A full copy of the text of this Y this day of 2012 Ordinance is available from City Clerk.) (Published in the Eden Prairie New, on Thursday, June 14, 2012; JYMME JEANNETTE BARK No. I) NOTARY PUBLIC•MINNESOTA MY COMMISSION EXPIRES 01/31/13 No RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter...................................$3 1.20 per column inch Rate actually charged for the above matter...............................................$12.59 per column inch