Agenda - Public Works Committee - 10/19/2010

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Subdivision 3. Erosion into Streets, Wetlands or Water Bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and repair must be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations. Subdivision 4. Failure to Do Corrective Work. When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take the following actions: A. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. B. Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction. C. Direct the correction of the deficiency by city forces or by a separate contract. The issuance of a permit constitutes a right -of -entry for the city or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. D. All costs incurred by the city in correcting storm water pollution control deficiencies must be reimbursed by the applicant. If payment is not made within thirty (30) days after costs are incurred by the city, payment will be made from the applicant's financial securities as described in Section 7. E. If there is an insufficient financial amount, in the applicant's financial securities as described in Section 7, to cover the costs incurred by the city, then the city may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of assessment. 9.27.22 Variance. In any case where, upon application of the responsible person or persons, the city finds that by reason of exceptional circumstances, strict conformity with this ordinance would be unreasonable, impractical, or not feasible under the circumstances; the city in its discretion may grant a variance there from upon such conditions as it may prescribe for prevention, control, or abatement of pollution in harmony with the general purposes of this ordinance. Subdivision 1. Variance Request. The variance request must be in writing, will be reviewed by staff and forwarded to the Public Works Committee. Page 19 of 21 Storm Water Pollution Control Ordinance November 8, 2006