Agenda - Environmental Policy Board - 08/04/2014

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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 stormwater pollution control deficiencies must bo reimbursed by the applicant. If payment is not made within 30 days after costs arc incurred by the. city, payment will be made from the applicant's financial securities as described in section 117 101 c. If there is an insufficient financial amount, in the applicant's financial securities as described in section 117 '101, 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 Minn. Stats. § 129.081 to challenge the amount or validity of assessment. The City engineer shall review the stormwater pollution control plan. Section 117 -402 is hereby amended as follows (additions indicated as underline, deletions indicated as strike through: Sec. 117 -402. Variance. Permit required. If the city determines that the stormwater pollution control plan meets the requirements of this subdivision, the city shall issue a permit valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of this plan. Section 117 -403 is hereby amended as follows (additions indicated as underline, deletions indicated as strike through: Sec. 117 -403. Enforcement. Denial. If the city determines that the stormwater pollution control plan does not meet the requirements of this subdivision, the city shall not issue a permit for the land disturbance activity. All land use and building ermits for the site in •uestion must be sus •ended until the develo •er has an as 'roved stormwater •ollution control plan. Section 117 -404 is hereby amended as follows (additions indicated as underline, deletions indicated as strike through): Sec. 117 -404. Right of entry and inspection. Modification of plan. An approved stormwater pollution control plan may be modified on submission of a written application for modification to the city, and after written approval by the city engineer. In reviewing such an application, the city engineer may require additional reports and data. Sections 117 -405 through 117 -410 are hereby added as follows (additions indicated as underline, deletions indicated as strike through):