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Council Action: <br />ADOPT STORMWATER POLLUTION CONTROL ORDINANCE <br />By: Leonard Linton, Civil Engineer II <br />CASE # 12 <br />Background: <br />The City is required to comply with the National Pollutant Discharge Elimination System Phase <br />II (NPDES II) program as administered by the Environmental Protection Agency (EPA) and the <br />Minnesota Pollution Control Agency (MPCA). The City filed a 5 year plan in 2003 outlining <br />measures that would be undertaken to improve stormwater quality. The plan was revised and <br />resubmitted in 2006 as required by the MPCA. One of the requirements is adoption of an <br />Erosion Control Ordinance. City Code and the rules of the Lower Rum River Water <br />Management Organization cover most of the requirements contained in this new Ordinance; <br />however, the current code lacks provisions for enforcing the requirements. The Planning <br />Commission held a public hearing on the ordinance at the November 2, 2006 meeting. This was <br />required since the ordinance is part of Chapter 9 of the City Code. <br />The ordinance covers most earth disturbing activities that will take place in the City. There are <br />some exceptions for emergency repairs and small utility excavations. Any project requiring a <br />building permit will be required to comply with . the ordinance. The new ordinance has <br />provisions for collecting an erosion control escrow at the time the permit is obtained. The <br />escrow will cover city costs for street cleaning and erosion control if the applicant fails to take <br />corrective measures after being notified of the problem. The escrow will not be required if the <br />project is in a development covered by a current Letter of Credit with the city and the Developer <br />provides written verification that the builder will be covered by the Letter of Credit. <br />The City Council approved the motion to introduce the Erosion Control Ordinance at the <br />November 14, 2006 meeting. The title of the ordinance as written is Stormwater Pollution <br />Control and is referenced as such in the attached resolution for adoption. Staff recommends <br />adoption of the Stormwater Pollution Control Ordinance. <br />Motion to approve resolution 06- 11 -xxx adopting the Stormwater Pollution Control <br />Ordinance. <br />Reviewed by: <br />Public Works Director/Principal City Engineer <br />CC: 11/28/06 <br />-179- <br />