*MS4 permittee name: City of Lake Elmo *County: Washington (city, county, municipality, government agency or other entity)

Transcription

1 MS4 SWPPP Application for Reauthorization for the NPDES/SDS General Small Municipal Separate Storm Sewer System (MS4) Permit MNR reissued with an effective date of August 1, 2013 Stormwater Pollution Prevention Program (SWPPP) Document Doc Type: Permit Application Instructions: This application is for authorization to discharge stormwater associated with Municipal Separate Storm Sewer Systems (MS4s) under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit Program. fee is required with the submittal of this application. Please refer to Example for detailed instructions found on the Minnesota Pollution Control Agency (MPCA) MS4 website at Submittal: This MS4 SWPPP Application for Reauthorization form must be submitted electronically via to the MPCA at from the person that is duly authorized to certify this form. All questions with an asterisk (*) are required fields. All applications will be returned if required fields are not completed. Questions: Contact Claudia Hochstein at or Dan Miller at or or call toll-free at General Contact Information (*Required fields) MS4 Owner (with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: City of Lake Elmo *County: Washington (city, county, municipality, government agency or other entity) *Mailing address: 3800 Laverne Avenue rth *City: Lake Elmo *State: MN *Zip code: *Phone (including area code): * MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *Last name: Stempski *First name: Ryan (department head, MS4 coordinator, consultant, etc.) *Title: Assistant City Engineer / MS4 Coordinator *Mailing address: 3800 Laverne Avenue rth *City: Lake Elmo *State: MN *Zip code: *Phone (including area code): * Ryan.Stempski@FOCUSEngineeringinc.com Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: Griffin First name: Jack (department head, MS4 coordinator, consultant, etc.) Title: City Engineer Mailing address: 3800 Laverne Avenue rth City: Lake Elmo State: MN Zip code: Phone (including area code): Jack.Griffin@FOCUSEngineeringinc.com Verification 1. I seek to continue discharging stormwater associated with a small MS4 after the effective date of this Permit, and shall submit this MS4 SWPPP Application for Reauthorization form, in accordance with the schedule in Appendix A, Table 1, with the SWPPP document completed in accordance with the Permit (Part II.D.). 2. I have read and understand the NPDES/SDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 1 of 14

2 Certification (All fields are required) - I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. I certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat and The authorized person with overall, MS4 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: Dean Zuleger (This document has been electronically signed) Title: City Administrator Date (mm/dd/yyyy): 12/30/2013 Mailing address: 3800 Laverne Avenue rth City: Lake Elmo State: MN Zip code: Phone (including area code): dzuleger@lakeelmo.org te: The application will not be processed without certification TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 2 of 14

3 Stormwater Pollution Prevention Program Document I. Partnerships: (Part II.D.1) A. List the regulated small MS4(s) with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM) requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. If you have more than five partnerships, hit the tab key after the last line to generate a new row. partnerships with regulated small MS4s Name and description of partnership Valley Branch Watershed District (VBWD) Provides stormwater management and erosion control regulation and permitting. Provides educational materials, training, and assists with public engagements. Maintains VBWD storm sewer system. MCM 1, 2, 4, 5 and 6 South Washington Watershed District (SWWD) Provides stormwater management and erosion control regulation and permitting. Provides educational materials and training. MCM 1, 4, and 5 Browns Creek Watershed District (BCWD) Provides stormwater management and erosion control regulation and permitting. Provides educational materials and training. MCM 1, 4, and 5 MCM/Other permit requirements involved B. If you have additional information that you would like to communicate about your partnerships with other regulated small MS4(s), provide it in the space below, or include an attachment to the SWPPP Document, with the following file naming convention: MS4NameHere_Partnerships. Lake Elmo partners with the East Metro Water Resource Education Program (EMWREP) to assist with the implementation of a comprehensive water resource education and citizen engagement program invovling MCM 1, 2 & 6. Lake Elmo works with the Washington Conservation District (WCD) on education and outreach, namley for the promotion of rain garden construction and maintenance. This invovles MCM 1, 2 and 5. II. Description of Regulatory Mechanisms: (Part II.D.2) Illicit discharges A. Do you have a regulatory mechanism(s) that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit (Part III.D.3.b.)? 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Lake Elmo Code of Ordinances - Chapter Section through Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 3 of 14

4 convention: MS4NameHere_IDDEreg. 2. If no: Describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: Construction site stormwater runoff control A. Do you have a regulatory mechanism(s) that establishes requirements for erosion and sediment controls and waste controls? 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: VBWD, SWWD, and BCWD Erosion Control Rules. b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Lake Elmo Code of Ordinances - Chapter Section through City of Lake Elmo- Engineering Design and Construction Standards Manual -Specification Section Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_CSWreg. B. Is your regulatory mechanism at least as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity (as of the effective date of the MS4 Permit)? If you answered yes to the above question, proceed to C. If you answered no to either of the above permit requirements listed in A. or B., describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: C. Answer yes or no to indicate whether your regulatory mechanism(s) requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls as described in the Permit (Part III.D.4.a.(1)-(8)), and as listed below: 1. Best Management Practices (BMPs) to minimize erosion. 2. BMPs to minimize the discharge of sediment and other pollutants. 3. BMPs for dewatering activities. 4. Site inspections and records of rainfall events 5. BMP maintenance 6. Management of solid and hazardous wastes on each project site. 7. Final stabilization upon the completion of construction activity, including the use of perennial vegetative cover on all exposed soils or other equivalent means. 8. Criteria for the use of temporary sediment basins. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 4 of 14

5 Post-construction stormwater management A. Do you have a regulatory mechanism(s) to address post-construction stormwater management activities? 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: VBWD, SWWD, and BCWD Stormwater Management Rules. b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Lake Elmo Code of Ordinances - Chapter Section through City of Lake Elmo- Engineering Design and Construction Standards Manual -Engineering Design Standards, pages 6-8. Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_PostCSWreg. B. Answer yes or no below to indicate whether you have a regulatory mechanism(s) in place that meets the following requirements as described in the Permit (Part III.D.5.a.): 1. Site plan review: Requirements that owners and/or operators of construction activity submit site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. 2. Conditions for post construction stormwater management: Requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable (MEP): a. For new development projects no net increase from pre-project conditions (on an annual average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of Total Suspended Solids (TSS). 3) Stormwater discharges of Total Phosphorus (TP). b. For redevelopment projects a net reduction from pre-project conditions (on an annual average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of TSS. 3) Stormwater discharges of TP. 3. Stormwater management limitations and exceptions: a. Limitations 1) Prohibit the use of infiltration techniques to achieve the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)) when the infiltration structural stormwater BMP will receive discharges from, or be constructed in areas: a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. b) Where vehicle fueling and maintenance occur. c) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. 2) Restrict the use of infiltration techniques to achieve the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)), without higher engineering TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 5 of 14

6 review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas: a) With predominately Hydrologic Soil Group D (clay) soils. b) Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. c) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R , subp. 13. d) Where soil infiltration rates are more than 8.3 inches per hour. 3) For linear projects where the lack of right-of-way precludes the installation of volume control practices that meet the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)), the permittee s regulatory mechanism(s) may allow exceptions as described in the Permit (Part III.D.5.a(3)(b)). The permittee s regulatory mechanism(s) shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. 4. Mitigation provisions: The permittee s regulatory mechanism(s) shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum, shall ensure the following requirements are met: a. Mitigation project areas are selected in the following order of preference: 1) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2) Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. 3) Locations in the next adjacent DNR catchment area up-stream 4) Locations anywhere within the permittee s jurisdiction. b. Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. c. Routine maintenance of structural stormwater BMPs already required by this permit cannot be used to meet mitigation requirements of this part. d. Mitigation projects shall be completed within 24 months after the start of the original construction activity. e. The permittee shall determine, and document, who will be responsible for long-term maintenance on all mitigation projects of this part. f. If the permittee receives payment from the owner and/or operator of a construction activity for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part III.D.5.a(4)(a)-(e). 5. Long-term maintenance of structural stormwater BMPs: The permittee s regulatory mechanism(s) shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)). This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee s MS4, and that are in the permittee s jurisdiction. The legal mechanism shall include provisions that, at a minimum: a. Allow the permittee to conduct inspections of structural stormwater BMPs not owned or operated by the permittee, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. b. Include conditions that are designed to preserve the permittee s right to ensure maintenance responsibility, for structural stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally transferred to another party. c. Include conditions that are designed to protect/preserve structural stormwater BMPs and site features that are implemented to comply with the Permit (Part III.D.5.a(2)). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)) continue to be met TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 6 of 14

7 If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within twelve (12) months of the date permit coverage is extended, these permit requirements are met: III. Enforcement Response Procedures (ERPs): (Part II.D.3) A. Do you have existing ERPs that satisfy the requirements of the Permit (Part III.B.)? 1. If yes, attach them to this form as an electronic document, with the following file naming convention: MS4NameHere_ERPs. 2. If no, describe the tasks and corresponding schedules that will be taken to assure that, with twelve (12) months of the date permit coverage is extended, these permit requirements are met: B. Describe your ERPs: The Lake Elmo Code of Ordinances incorporates enforcement provisions within the ordinance itself for Stormwater Management, Erosion Control and Illicit Detection and Discharge. See Chapter Section through and Section through The City's erosion control inspection form has also been attached. IV. Storm Sewer System Map and Inventory: (Part II.D.4.) A. Describe how you manage your storm sewer system map and inventory: Lake Elmo maintains a stormwater map both in AutoCAD and GIS. The maps are updated annually, as required. B. Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit (Part III.C.1.a-d), as listed below: 1. The permittee s entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in diameter, including stormwater flow direction in those pipes. 2. Outfalls, including a unique identification (ID) number assigned by the permittee, and an associated geographic coordinate. 3. Structural stormwater BMPs that are part of the permittee s small MS4. 4. All receiving waters. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Within 12 months from the date that permit coverage is extended, Lake Elmo will update the stormwater maps to include structural stormwater BMPs. C. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch Sec. 28: with the following inventories, according to the specifications of the Permit (Part III.C.2.a.-b.), including: 1. All ponds within the permittee s jurisdiction that are constructed and operated for purposes of water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. 2. All wetlands and lakes, within the permittee s jurisdiction, that collect stormwater via constructed conveyances. D. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. 1. A unique identification (ID) number assigned by the permittee. 2. A geographic coordinate. 3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional judgment. If you have answered yes to all above requirements, and you have already submitted the Pond Inventory Form to the MPCA, then you do not need to resubmit the inventory form below. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Within 12 months from the date that permit coverage is extended, Lake Elmo will complete the above inventories in accordance with the requirements of MN Law, Ch. 172 Sec TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 7 of 14

8 E. Answer yes or no to indicate if you are attaching your pond, wetland and lake inventory to the MPCA on the form provided on the MPCA website at: according to the specifications of Permit (Part III.C.2.b.(1)-(3)). Attach with the following file naming convention: MS4NameHere_inventory. If you answered no, the inventory form must be submitted to the MPCA MS4 Permit Program within 12 months of the date permit coverage is extended. V. Minimum Control Measures (MCMs) (Part II.D.5) A. MCM1: Public education and outreach 1. The Permit requires that, within 12 months of the date permit coverage is extended, existing permittees revise their education and outreach program that focuses on illicit discharge recognition and reporting, as well as other specifically selected stormwater-related issue(s) of high priority to the permittee during this permit term. Describe your current educational program, including any high-priority topics included: The City of Lake Elmo has and will continue to facilitate, in patrnership with the East Metro Water Resources Education Program (EMWREP), a comprehesive water resource education and outreach program that focuses on illicit discharge, non-point source pollution, groundwater resources, conservation ethics, stormwater management practices, erosion control, and other selected high priority topics to engage people to protect and improve water quality in the city. Programs include community events, weekly and quarterly newlsletter articles, social media postings, developer and builder workshops, Blue Thumb program, Rural Outreach, NEMO, and MS4 Toolkit. A presentation is given annually to the City Council on stormwater related issues such as maintenance and regulations. The meeting can be watched on the local cable TV and online through the City's website. 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the U.S. Environmental Protection Agency s (EPA) Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Partner/participate with EMWREP Distribute Educational Materials Presentation to Public and City Council Project pre-construction meetings Measurable goals and timeframes Annual membership / participation. Repost EMWREP materials. City assists in rain garden outreach and education. Include stormwater educational information in city newsletter; 3 times per year. Post information online to city website and through social media (continuous). Present to city council annually on various elements of the SWPPP. Meetings are shown on local Public Access channel and posted on the city website. One meeting prior to construction start for all applicable projects. BMP categories to be implemented Measurable goals and timeframes 3. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Alyssa MacLeod, Taxpayer Relations and Communications Coordinator; Ryan Stempski, P.E., Assistant City Engineer; Jack Griffin, P.E., City Engineer. B. MCM2: Public participation and involvement 1. The Permit (Part III.D.2.a.) requires that, within 12 months of the date permit coverage is extended, existing permittees TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 8 of 14

9 shall revise their current program, as necessary, and continue to implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: The City of Lake Elmo holds an annual meeting to present the SWPPP program activities completed within the past 12 months and the activities planned for the next 12 months. The public is noticed of the meeting and encouraged to attend and provide input. The meetings are recorded and can be watched either on TV or streaming on the website. The SWPPP document can be accessed online and is available at city hall for review. Public comments are received at any time throughout the year. 2. List the categories of BMPs that address your public participation/involvement program, including solicitation and documentation of public input on the SWPPP. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Annual Meeting Availability of SWPPP Solicit and document Public Input at annual meeting Measurable goals and timeframes Meeting held once each year. Publically noticed and televised. Posted to City website and available at City Hall (on-going). Number of responses received (as needed). BMP categories to be implemented Measurable goals and timeframes 3. Do you have a process for receiving and documenting citizen input? If you answered no to the above permit requirement, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Alyssa MacLeod, Taxpayer Relations and Communications Coordinator; Ryan Stempski, P.E., Assistant City Engineer; Jack Griffin, P.E., City Engineer. C. MCM 3: Illicit discharge detection and elimination 1. The Permit (Part III.D.3.) requires that, within 12 months of the date permit coverage is extended, existing permittees revise their current program as necessary, and continue to implement and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: The City of Lake Elmo adopted an ordinance for Illicit Discharge Detection and Elimination, along with enforcement provisions. Personnel are available on a normal working day basis to respond to reports of iliicit discharges, to document complaints, inspect reported incidents and follow-up on discoveries until incidents are corrected. 2. Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part III.D.3.c.-g.)? a. Incorporation of illicit discharge detection into all inspection and maintenance activities conducted under the Permit (Part III.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted during dry-weather conditions (e.g., periods of 72 or more hours of no precipitation). b. Detecting and tracking the source of illicit discharges using visual inspections. The permittee may also include use of mobile cameras, collecting and analyzing water samples, and/or other detailed procedures that may be effective investigative tools. c. Training of all field staff, in accordance with the requirements of the Permit (Part III.D.6.g.(2)), in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 9 of 14

10 d. Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. e. Procedures for the timely response to known, suspected, and reported illicit discharges. f. Procedures for investigating, locating, and eliminating the source of illicit discharges. g. Procedures for responding to spills, including emergency response procedures to prevent spills from entering the small MS4. The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or leak as defined in Minn. Stat h. When the source of the illicit discharge is found, the permittee shall use the ERPs required by the Permit (Part III.B.) to eliminate the illicit discharge and require any needed corrective action(s). If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Within 12 months of the date permit coverage is extended, standard operating procedures will be developed to formally address the training, tracking, inspection and response requirements of the permit. 3. List the categories of BMPs that address your illicit discharge, detection and elimination program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Illicit Discharge and Detection Ordinance Complaint tracking Staff Inspections Storm Sewer System Map Measurable goals and timeframes Ordinance is in place including ERPs. Complaints are logged into tracking system with timelines for following up on complaints. Public works staff schedules and completes inspections or investigates and mitigates source. Public Works staff have been instructed to look for and identify potential illicit discharges in their daily work. The storm sewer map is reviewed for updates each year with updates made as needed. BMP categories to be implemented Measurable goals and timeframes Illicit discharge ERPs training Staff will be trained on the IDDE ERPs. December The storm sewer map will be updated to include the pond Storm Sewer System Map Update inventory information and structural BMPs. December Do you have procedures for record-keeping within your Illicit Discharge Detection and Elimination (IDDE) program as specified within the Permit (Part III.D.3.h.)? If you answered no, indicate how you will develop procedures for record-keeping of your Illicit Discharge, Detection and Elimination Program, within 12 months of the date permit coverage is extended: The city has an IDDE record-keeping system, however the system is new and needs to be more fully rolled out and implemented by all field staff. Within 12 months of the date permit coverage is extended, the city will formalize its recordkeeping system with in house training. 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Mike Bouthilet, Public Works Superintendent; Ryan Stempski, P.E., Assistant City Engineer. D. MCM 4: Construction site stormwater runoff control 1. The Permit (Part III.D.4) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a construction site stormwater runoff control program. Describe your current program: The City of Lake Elmo has established ordinances and policies to effectively control construction site stormwater, including the necessary inspection and enforcement measures.the city has an adopted stormwater management and TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 10 of 14

11 erosion and sedimentation control ordinance, together with stormwater design standards, standard specifications and standard plan details that must be incorporated for all construction activities. Plans for building permits, subdvisions and construction projects are reviewed for conformance with these minimum requirements. The city also ensures that all projects are permitted through the MPCA and applicable watershed district and that projects are compliant with local watershed requirements. All applicants wthin the city are directed to the MPCA and watersheds (VBWD, SWWD, BCWD) and must provide proof of state and watershed district permit approval prior to starting any land disturbing activity. Both city personnel and watershed district personnel monitor and enforce construction site compliance. 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit (Part III.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the start of construction activity? b. Does the site plan review procedure include notification to owners and operators proposing construction activity that they need to apply for and obtain coverage under the MPCA s general permit to Discharge Stormwater Associated with Construction Activity. MN R100001? c. Does your program include written procedures for receipt and consideration of reports of noncompliance or other stormwater related information on construction activity submitted by the public to the permittee? d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1) Does your program include procedures for identifying priority sites for inspection? 2) Does your program identify a frequency at which you will conduct construction site inspections? 3) Does your program identify the names of individual(s) or position titles of those responsible for conducting construction site inspections? 4) Does your program include a checklist or other written means to document construction site inspections when determining compliance? e. Does your program document and retain construction project name, location, total acreage to be disturbed, and owner/operator information? f. Does your program document stormwater-related comments and/or supporting information used to determine project approval or denial? g. Does your program retain construction site inspection checklists or other written materials used to document site inspections? If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. 3. List the categories of BMPs that address your construction site stormwater runoff control program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Ordinances and Engineering Design Standards Other Regulatory Programs Procedures for Plan Review Building Inspections Procedures BMP categories to be implemented Measurable goals and timeframes Documents outline requirements for plan review and approvals. These documents are reviewed and updated as needed, and they are implemented for all construction activities. VBWD, SWWD, and BCWD all provide plan review and approvals together with inspection of construction sites and enforcement of erosion and sediment control violations. Maintain and update plan review procedures as necessary. Maintain and update inspection procedures as needed. Measurable goals and timeframes 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Rick Chase, Building Official; Ryan Stempski, P.E., Assistant City Engineer; Jack Griffin, P.E., City Engineer TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 11 of 14

12 E. MCM 5: Post-construction stormwater management 1. The Permit (Part III.D.5.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a post-construction stormwater management program. Describe your current program: The City of Lake Elmo has established ordinances and policies necessary to implement and enforce post-construction stormwater management in accordance with the General Permit.The city has an adopted stormwater management ordinance, together with stormwater design standards, standard specifications and standard plan details that must be incorporated for all construction activities. Plans for building permits, subdvisions and construction projects are reviewed for conformance with these minimum requirements. The city also ensures that all projects are permitted through the MPCA and applicable watershed district and that projects are compliant with state and local watershed requirements. All applicants wthin the city are directed to the MPCA and watersheds (VBWD, SWWD, BCWD) and must provide proof of state and watershed district permit approval prior to starting any land disturbing activity. 2. Have you established written procedures for site plan reviews that you will conduct prior to the start of construction activity? 3. Answer yes or no to indicate whether you have the following listed procedures for documentation of post-construction stormwater management according to the specifications of Permit (Part III.D.5.c.): a. Any supporting documentation that you use to determine compliance with the Permit (Part III.D.5.a), including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance? b. All supporting documentation associated with mitigation projects that you authorize? c. Payments received and used in accordance with Permit (Part III.D.5.a.(4)(f))? d. All legal mechanisms drafted in accordance with the Permit (Part III.D.5.a.(5)), including date(s) of the agreement(s) and names of all responsible parties involved? If you answered no to any of the above permit requirements, describe the steps that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. 4. List the categories of BMPs that address your post-construction stormwater management program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Ordinances and Engineering Design Standards Other Regulatory Programs Procedures for Plan Review Building Site Plan Review Procedures Measurable goals and timeframes Documents outline requirements for plan review and approvals. These documents are reviewed and updated as needed, and they are implemented for all construction activities. VBWD, SWWD, and BCWD all review and approve postconstruction stormwater management plans as required by their rules. Maintain and update plan review procedures as necessary. Maintain and update site plan review procedures as necessary. BMP categories to be implemented Measurable goals and timeframes 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Kyle Klatt, Community Planning Director; Rick Chase, Building Official; Ryan Stempski, P.E., Assistant City Engineer; Jack Griffin, P.E., City Engineer TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 12 of 14

13 F. MCM 6: Pollution prevention/good housekeeping for municipal operations 1. The Permit (Part III.D.6.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small MS4. Describe your current program: The Public Works department is primarily responsible for all MCM 6 activities including employee training. Public Works staff inspects ponds and outfalls at least once every five years, and then programs needed maintenance into an ongoing spreadsheet. Structural pollution control devices are inspected annually. Public streets/parking lots are swept annually. 2. Do you have a facilities inventory as outlined in the Permit (Part III.D.6.a.)? 3. If you answered no to the above permit requirement in question 2, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: Within 12 months of the date permit coverage is extended, complet a Faciltiy Inventory in accordance with pemit requirements. 4. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA s Measurable Goals Guidance for Phase II Small MS4s ( If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Street Sweeping Employee Training MS4 Outfalls and Pond Inspections Structural Pollution Control Device Inspections Evaluate MCM 6 Inspection Program Storm drain cleaning Sanitary Sewer System Maintenance BMP categories to be implemented Facility inventory Pond Assessment Employee Training Stockpiles, Storage and Material Handling Area Inspections Measurable goals and timeframes Sweep all public streets to remove sediment and debris. Review and revise street sweeping operations and routes annually through the end of the MS4 permit cycle. Provide available stormwater training to Public Works staff. Continue to inspect stormwater ponds and MS4 outfalls once every five years. Inspect stormwater pollution control devices annually. Annually evaluate MS4 outfall, structural pollution control devices, and Pond inspection frequency, record keeping, and determine if maintenance, repair, or replacement is needed. Annually vacuum storm sumps and pollution control devices. Televise sanitary sewer lines, inspect lift stations and repair as needed to reduce potential sewer overflows & illicit discharges. Measurable goals and timeframes Develop inventory of City property within 12 months of permit coverage and update annually. Develop procedures for the pond assessment in accordance with permit requirements within 12 months of permit coverage. Review and formalize a stormwater management training program to be updated annually. Inventory and inspect all stockpile, storage and material handing areas. Inspections to be completed at least quarterly. 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part III.D.6.c.)? a. If no, continue to 6. b. If yes, the Minnesota Department of Health (MDH) is in the process of mapping the following items. Maps are available at Is a map including the following items available for your MS4: 1) Wells and source waters for drinking water supply management areas identified as vulnerable under Minn. R , , and ? 2) Source water protection areas for surface intakes identified in the source water TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 13 of 14

14 assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. 300j 13? c. Have you developed and implemented BMPs to protect any of the above drinking water sources? 6. Have you developed procedures and a schedule for the purpose of determining the TSS and TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the Permit (Part III.D.6.d.)? 7. Do you have inspection procedures that meet the requirements of the Permit (Part III.D.6.e.(1)- (3)) for structural stormwater BMPs, ponds and outfalls, and stockpile, storage and material handling areas? 8. Have you developed and implemented a stormwater management training program commensurate with each employee s job duties that: a. Addresses the importance of protecting water quality? b. Covers the requirements of the permit relevant to the duties of the employee? c. Includes a schedule that establishes initial training for new and/or seasonal employees and recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? 9. Do you keep documentation of inspections, maintenance, and training as required by the Permit (Part III.D.6.h.(1)-(5))? If you answered no to any of the above permit requirements listed in Questions 5 9, then describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Within 12 months of permit coverage being extended, the City of Lake Elmo will: 1) Develop procedures for the pond assessment in accordance with permit requirements along with a schedule for implementation. 2) Review and update the exisitng training program to meet permit requirments. 3) Develop a Facility Inventory of city owned property. 4) Inventory all stockpile, storage and material handing areas and begin quarterly inspections. 10. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Mike Bouthilet, Public Works Superintendent; Ryan Stempski, P.E., Assistant City Engineer. VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part II.D.6.) A. Do you have an approved TMDL with a Waste Load Allocation (WLA) prior to the effective date of the Permit? 1. If no, continue to section VII. 2. If yes, fill out and attach the MS4 Permit TMDL Attachment Spreadsheet with the following naming convention: MS4NameHere_TMDL. This form is found on the MPCA MS4 website: VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part II.D.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which are regulated by this Permit (Part III.F.)? 1. If no, this section requires no further information. 2. If yes, you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4, then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement to this document, with the following naming convention: MS4NameHere_TreatmentSystem. This form is found on the MPCA MS4 website: VIII. Add any Additional Comments to Describe Your Program TTY or Available in alternative formats wq-strm4-49a 5/31/13 Page 14 of 14

15 wq-strm4-49c 8/16/13 Available in alternative formats TTY or Page 1 of 2 Compliance Schedule PART II.D.6.f.-g. Is your MS4 currently meeting its WLA for any approved TMDLs? Go to: Go to: Go to: NO (Complete Table 1, Strategies for continued BMP implementation beyond the term of this permit, and Table 2 below) Table 1 Strategies Table 2 YES (Provide the following information below) If YES, indicate the WLAs (may be grouped by TMDL Project) you believe are reasonably being met. For each WLA, list the implemented BMPs and provide a narrative strategy for the longterm continuation of meeting each WLA. PART II.D.6.g.(1)-(2) - Browns Creek: Lack of Cold Water Assemblage and Impaired Biota TMDL: 1.1, 0.5, 0.4, 0.3, 0.2 lbs/day TSS; 1.1, 0.2, 0.09, 0.04, million KJ/day Thermal Loading reduction (0% reduction) in loading was assigned to Lake Elmo in this TMDL. Table 1 Fill in the following table with your Interim Milestones, BMP IDs, and Implementation Dates. Replace "TMDL Project Name & Pollutant" Columns with each TMDL Project Name and the corresponding pollutant. Then put an "X" in the boxes for the TMDL that corresponds with each BMP. PART II.D.6.f.(1)-(2) NOTE: It is recommended to assign each Interim Milestone (BMP) a BMP ID. You will be required to report on the status of each Interim Milestone and include a BMP ID for all structural BMPs as part of the MS4 Annual Report (see Part III.E.), so including those ID numbers at the time of application may be useful in tracking implementation efforts. If a pond that will be included in the pond inventory (Part III.C.2.) is to be applied toward a WLA, use the same ID for both the pond inventory and TMDL tracking. n-structural BMPs are not required to have an ID, but it may be useful to assign it an ID for internal MS4 recordkeeping. MPCA recommends the Implementation Dates align with the submittal of MS4 Annual Reports. Dates selected may not reflect the actual date a BMP is implemented, but shall indicate a BMP will be implemented on that date or before for that reporting year. Lake St. Croix Nutrient TMDL Interim Milestone (Best Management Practice) BMP ID Implementation Date Public Education and Outreach EDU-001 Ongoing X Street Sweeping STR-001 Annually X Require local watershed district rules for all Development and New Development projects REG-001 Ongoing X Update storm water engineerng design standards and details for construction projects REG-002 Annually X Inpsection and Maintenance of Strucutal BMPs MAINT-001 Annually X Extension of city sanitary sewer to the Village area to replace non-compliant septic systems SEWER-001 6/20/2017 X Extension of city sanitary sewer along Olson Lake Trail to replace non-compliant septic systems SEWER-002 6/20/2017 X TMDL Project Name & Pollutant2 TMDL Project Name & Pollutant3 TMDL Project Name & Pollutant4 Strategies for continued BMP implementation beyond the term of this permit. PART II.D.6.f.(3) The TMDL implemention plan targets phosuphorus reduction through education and the MS4 permitting process. Lake Elmo will continue to require development and/or redevelopment projects to meet MPCA NPDES permit requirements along with local watershed district rules for construction site stormwater and post construction stormwater management. The City will also continue to participate in the East Metro Water Resources Education Program to provide education and outreach to the public on nutrient loading. Table 2 Target dates the applicable WLA(s) will be achieved. PART II.D.6.f.(4) TMDL Project Target Date to Achieve WLA Lake St. Croix Nutrient TMDL 2040

16 TMDL Wasteload Allocation Excel Spreadsheet PART II.D.6.a.-e. Copy and paste from the Master List MS4 TMDL Spreadsheet for your MS4 to the space below. Attach this completed form with your SWPPP Document at the time of submittal. At a minimum, provide all of the information "*" items (TMDL Project Name, Type of WLA, Numeric WLA, Unit, Flow Condition, and Pollutant of Concern). Permittee name Preferred ID TMDL project name* Waterbody ID Type of WLA* Numeric WLA* Unit* Percent reduction Flow condition* Waterbody name Pollutant of concern* Date approved Brown s Creek; T30 R20W S18, west line to Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 1.1 lbs/day 0% High St Croix River TSS 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 0.5 lbs/day 0% Moist Brown s Creek; T30 R20W S18, west line to St Croix River TSS 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 0.4 lbs/day 0% Mid-Range Brown s Creek; T30 R20W S18, west line to St Croix River TSS 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 0.3 lbs/day 0% Dry Brown s Creek; T30 R20W S18, west line to St Croix River TSS 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 0.2 lbs/day 0% Low Brown s Creek; T30 R20W S18, west line to St Croix River TSS 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 1.1 million KJ/day 0% High Brown s Creek; T30 R20W S18, west line to St Croix River Thermal Loading 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 0.2 million KJ/day 0% Moist Brown s Creek; T30 R20W S18, west line to St Croix River Thermal Loading 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 0.09 million KJ/day 0% Mid-Range Brown s Creek; T30 R20W S18, west line to St Croix River Thermal Loading 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual 0.04 million KJ/day 0% Dry Brown s Creek; T30 R20W S18, west line to St Croix River Thermal Loading 12/21/2010 Lake Elmo City MS Browns Creek: Lack of a Coldwater Assemblage and Impaired Biota TMDL Individual million KJ/day 0% Low Brown s Creek; T30 R20W S18, west line to St Croix River Thermal Loading 12/21/2010 Lake Elmo City MS Lake St. Croix Nutrient TMDL Categorical 24.1 lbs/day 34% N/A Lake St. Croix Phosphorus 8/8/2012 wq-strm4-49c 8/16/13 Available in alternative formats TTY or Page 2 of 2

17 Lake Elmo, MN Code of Ordinances ILLICIT DISCHARGE AND CONNECTION PURPOSE. The general purpose of this subchapter is to provide for the health, safety, and general welfare of the public through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This subchapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the MS4 permit issued to the City of Lake Elmo by the Minnesota Pollution control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) permit process. The objections of this subchapter are: (A) To regulate the contribution of pollutants to the MS4 by storm water discharges by any user; (B) To prohibit illicit connections and discharges to the MS4; (C) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this subchapter APPLICABILITY. This subchapter shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by (A)(1) through (A)(4) of this subchapter DEFINITIONS. For the purposes of this subchapter, all terms, phrases, words, and their derivatives shall have the meanings as stated in Chapter 11 of the City Code RESPONSIBILITY FOR ADMINISTRATION. The City of Lake Elmo shall administer, implement, and enforce the provisions of this subchapter. Any powers granted or duties imposed upon the City of Lake Elmo maybe delegated in writing by the City Administrator to persons or entities acting in the beneficial interest of or in the employ of the city COMPATIBILITY WITH OTHER REGULATIONS. This subchapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this subchapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this subchapter 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.

18 ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this subchapter are minimum standards; therefore this subchapter does not intend or imply that compliance by any person will ensue that there will be no contamination, pollution, or unauthorized discharge of pollutants DISCHARGE PROHIBITIONS. (A) Prohibition of illegal discharges. person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this subchapter: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, street wash water, dechlorinated swimming pool water, and any other water source not containing a pollutant. (a) For swimming pool discharges, water shall sit seven days without the addition of chlorine to allow for chlorine to evaporate before discharge. (b) Discharge of swimming pools, crawl spaces, sump pumps, footing drains and other sources that may be determined to contain sediment or other forms or pollutants may NOT be discharged directly to a gutter or storm sewer. This discharge must be allowed to flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals and infiltration of water consistent with the storm water requirements of the City of Lake Elmo. (2) Discharges or flow from firefighting, and other discharges specified in writing by the City of Lake Elmo as being necessary to protect public health and safety. (3) Discharges associated with dye testing, however this activity requires a written notification to the City of Lake Elmo prior to the time of the test. (4) The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the MPCA, provided that the discharger is in foil compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. (B) Prohibition of illicit connections. (1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. (2) This prohibition expressly 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. (3) A person is considered to be in violation of this subchapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. (4) Improper connections in violation of this subchapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City of Lake Elmo. (5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Lake Elmo requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Lake Elmo. (C) Additional discharge prohibitions. Any owner or occupant of property within the City of Lake Elmo shall comply with the

19 following requirements: (1) Subsurface sewage treatment systems shall be maintained to prevent failure. (2) Recreational vehicle sewage shall be disposed of to a proper sanitary waste facility. (3) Mobile washing companies (carpet cleaning, mobile vehicle washing, and the like) shall dispose of wastewater to the sanitary sewer. (4) All motor vehicle parking lots and private streets shall be swept, at a minimum, once a year in the spring to remove debris. Such debris shall be collected and properly disposed. (5) Fuel, chemical residue, household hazardous waste or other types of potentially harmful material shall be disposed of properly. (6) Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. (7) Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills or discharges WATERCOURSE PROTECTION. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Submission of tice of Intent (NOI) to the City of Lake Elmo. (A) Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit is required in a form acceptable to the City of Lake Elmo prior to the allowing of discharges to the MS4. (1) Industrial activity includes activities subject to NPDES Industrial Storm Water Permits as defined in 40 CFR, Section (b)(14). (2) Construction activity includes activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. (B) The operator of a facility, including construction sites, required to have an NPDES permit to discharge storm water associated with industrial activity shall submit a copy of the NOI to the City of Lake Elmo at the same time the operator submits the original NOI to the EPA as applicable. (C) The copy of the NOI must be delivered to the City of Lake Elmo either in person or by mailing it to: tice of Intent to Discharge Storm Water City of Lake Elmo 3800 Laverne Avenue S. Lake Elmo, MN (D) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the NOI to do so to the City of Lake Elmo.

20 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The City of Lake Elmo will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this subchapter. These BMPs shall be part of a storm water management plan (SWMP) as necessary for compliance with requirements of the NPDES permit NOTIFICATION OF SPILLS. twithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary 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 of Lake Elmo in person or by phone no later than the next business day. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Failure to provide notification of a release as provided above is a violation of this subchapter RIGHT OF ENTRY. The City of Lake Elmo shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter, including the right to set up, or require facilities owner to set up devices necessary to conduct monitoring and/or sampling of the facilities storm water discharge ENFORCEMENT. (A) Enforcement. The City of Lake Elmo shall be responsible for enforcing this subchapter. (B) Penalties. Any person, firm or corporation failing to comply with or violating any of the provisions of this subchapter, shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this subchapter is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended until the applicant has corrected any and all violations. (C) Emergency cease and desist orders. When the City of Lake Elmo finds that any person has violated, or continues to violate, any provision of this subchapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Lake Elmo may issue an order to the violator directing it immediately to cease and desist all such violations.

21 (D) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. Such suspension may also be imposed if it is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger. (E) Violations 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 subchapter 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 SEVERABILITY. The provisions of this subchapter are severable. If any provision of this subchapter or the application of any provision of this subchapter to any circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter, which can be given effect without the invalid provision or application AUTHORITY. This subchapter shall become effective upon its passage and publication in accordance with the law.

22 Lake Elmo, MN Code of Ordinances STORM WATER AND EROSION AND SEDIMENT CONTROL STATUTORY AUTHORIZATION. This subchapter is adopted pursuant to the authorization and policies contained in M.S. Chs. 103B, 103F.401, 103F.441, and 462 and Minnesota Rules Chs. 7050, 7090, and This subchapter is intended to meet the current construction site erosion and sediment control and post-construction storm water management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 CFR pt (b)(14)(x) and (b)(15), respectively. (Ord , passed ) FINDINGS. The City of Lake Elmo finds that uncontrolled storm water runoff and construction site erosion from land development and land disturbing activity can have significant adverse impacts upon local and regional water resources diminishing the quality of public health, safety, public and private property, and natural resources of the city. Specifically, uncontrolled construction site erosion and storm water runoff can: (A) Threaten public health, safety, property, and general welfare by increasing runoff volume peak flood flows, and overburdening storm sewers, drainage ways, and other storm drainage systems; (B) Diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing pollutant loadings of total sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens, and other urban pollutants; (C) Degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, diminishing stream base flows, and increasing stream temperatures; (D) Undermine floodplain management efforts by increasing the incidence and levels of flooding; (E) Alter wetland communities by changing wetland hydrology and increasing pollutant loading; and (F) Generate airborne particulate concentrations that are health threatening or may cause other damage to property or the environment. (Ord , passed ) PURPOSE. (A) The general purpose of this subchapter is to set forth regulatory requirements for land development and land disturbing activities aimed at minimizing threats to public health, safety, public and private property and natural resources within the city from construction site erosion and post-construction storm water runoff. (B) Specific purposes are to establish performance standards that will: (1) Protect life and property from dangers associated with flooding; (2) Protect public and private properly and the natural resources from damage resulting from runoff and construction site erosion; (3) Protect functional values of all types of natural water bodies (e.g., rivers, streams, wetlands, lakes, seasonal ponds); (4) Sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems; (5) Protect water quality from nutrients, heavy metals, bacteria, pathogens, debris, thermal stress, and other urban pollutants; (6) Promote infiltration and groundwater recharge;

23 (7) Regulate storm water runoff volumes and peak rates for land development and land disturbing activities; (8) Promote regional storm water management by watershed; and (9) Provide a single, consistent set of performance standards that apply to all land development and land disturbing activities. (Ord , passed ) APPLICABILITY. (A) Storm water management. (1) A storm water management (SWM) plan shall be required for all proposed land development activity, unless otherwise exempted in this subchapter, which meets any or all of the following: (a) Any land development activity that increases and/or replaces impervious surface with a surface area exceeding 1 acre, including smaller individual sites that are part of a common plan of development that may be constructed at different times; and/or (b) A subdivision consisting of 3 or more lots; and/or (c) Any land development activity, regardless of size, that the city determines would otherwise cause an adverse impact to an environmentally sensitive area. (2) Exemptions. The following land development activities will be exempt from the storm water management requirements of this subchapter: (a) Mining activities regulated by Chapter 90 of the City Code; and (b) Reconstruction of existing public trails and construction of new public trails that are not a part of a proposed land development activity as defined in division (A)(1) above. (c) Reclamation and maintenance of existing public streets. (B) Erosion and sediment control. (1) An erosion and sediment control (ESC) plan shall be required for all proposed land disturbing activity, unless otherwise exempted in this subchapter, which meets any or all of the following: (a) Meets the permit requirements of an excavation and grading permit per of the City Code; (b) New dwelling permits; (c) A subdivision of any size; (d) Involves the laying, repairing, replacing, or enlarging of an underground utility, pipe or other facility, or the disturbance of road ditch, grass swale or other open channel for a distance of 500 feet or more; and/or (e) Is a land disturbing activity, regardless of size, that the city determines would otherwise cause an adverse impact to an environmentally sensitive area, or may violate any erosion and sediment control standard set forth in this subchapter. (2) Exemptions. The following land disturbing activities will be exempt from the erosion and sediment control plan requirements of this subchapter: (a) Cemetery graves; (b) Mining activities regulated by Chapter 90 of the City Code; (c) Tilling, planting, or harvesting of agricultural, horticultural or silvicultural (forestry) crops; (d) Emergency work necessary to protect life, limb, or property; and (e) City, county, state, or federal agency project whose plans and specifications meet the requirements of this subchapter and are reviewed and approved by the city under a separate process. (Ord , passed ; Am. Ord , passed )

24 DEFINITIONS. For the purpose of this subchapter, all terms, phrases, words, and their derivatives shall have the meanings as stated in Chapter 11 of the City Code. (Ord , passed ) INCORPORATION BY REFERENCE. (A) The following are incorporated into this subchapter by reference: (1) The Local Surface Water Management Plan; and (2) The City Engineering Design Standards. (B) All storm water mitigation and management technologies shall be consistent with the most current versions of the City Engineering Design Standards. (Ord , passed ) PLAN REVIEW PROCEDURE. (A) Plan approval required. The applicant shall not commence any construction activity subject to this subchapter until plan approval has been authorized by the city and all fees, escrows and securities have been paid and filed with the city. (B) Plan submittal. The applicant must submit the required plans and documentation to fully address all provisions of this subchapter and demonstrating conformance to the current versions of the City Engineering Design Standards. (C) Plan review and authorization. The city shall review the plan submittal for completeness and compliance with standards. If the city determines that the plan does not meet the requirements of this subchapter, the city shall notify the applicant that the submittal is incomplete and request changes or additional information. The plan(s) must be revised to correct the deficiencies and resubmitted for approval before the land disturbance activity begins. If the city determines that the storm water management plan and/or erosion and sediment control plan meet the requirements of this subchapter, the city shall issue a plan approval valid for a specified period of time that authorizes the land activity contingent on the implementation and completion of this plan. The city may approve the plans subject to compliance to conditions reasonable and necessary to insure that the requirements in this subchapter are met. (D) Construction initiation and first compliance inspection. work shall begin on a site until a preconstruction meeting has been conducted (if required by the city as part of the plan approval). Once work is authorized to begin, the applicant or agent shall install all erosion and sediment control devices as required by the approved plan and shall inform the city that they are in place. The city will complete an initial site inspection to determine compliance with the plan and to authorize the land disturbance activity to begin. (E) Adherence to the approved plans and plan modifications. Once approved by the city, the storm water management plan and/or erosion and sediment control plan must be followed throughout the duration of the land disturbance or land development activity. The approved plans shall not be modified or altered without receiving written authorization from the city. Plan amendments will be required by the city whenever: (1) A change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge or pollutants to surface waters or underground waters; (2) Inspections or investigations indicate the plans are not effective in eliminating or significantly minimizing the discharge or pollutants to surface waters or underground waters or that the discharges are causing water quality degradation; (3) The plan is not achieving the genera) objectives of minimizing pollutants in storm water discharges associated with construction activity; or (4) The plan is found to not be consistent with the terms and conditions of this subchapter. (F) Variance requests. The city may grant a variance on a case-by-case basis. The content of a variance is specified in the zoning code.

25 (Ord , passed ) PERFORMANCE AND DESIGN STANDARDS. (A) Storm water management plan. (1) All storm water management plans shall meet or exceed the most stringent of the performance and design standards of this subchapter and shall be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing or approval requirements of relevant watershed districts (Brown's Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers, and other regulatory agencies. (2) Storm water criteria. (a) Storm water management plans will be assessed for stormwater rate control, stormwater volume control and storm water quality management to reduce the impacts of the land activity by maintaining pre-development hydrological conditions in the following ways. 1. Decrease runoff volume. 2. Decrease erosion and sedimentation. 3. Decrease flow frequency, duration, and peak runoff rates. 4. Increase infiltration (groundwater recharge). 5. Maintain existing flow patterns. 6. Reduce time to peak flows by increasing the time of concentration to and through drainage ways and storm sewers. 7. Storage of storm water runoff on-site. 8. Avoid channel erosion. (b) Rate control requirements. 1. The rate of storm water runoff discharging from a proposed site shall not be greater than the rate of storm water runoff discharging prior to the proposed site alteration for the 2-, 10-. and 100-year storm events. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the City Engineering Design Standards. The City Engineer retains the authority to require the above conditions to apply to the rate of storm water runoff discharging at any point leaving the site. 2. The analyses for the rate of storm water runoff shall be calculated using the Soil Conservation Service Type II time distribution for the 2-, 10, and 100-year 24-hour storm events. The rate of storm water runoff prior to the proposed development shall be calculated at the pre-settlement condition as defined in the State of Minnesota Stormwater Manual for a "meadow" condition based on the applicable hydrologic soil group(s) for the development (see Table 1). (c) Volume control requirements. 1. The volume of storm water runoff discharging from a proposed site shall not be greater than the volume of storm water runoff discharging prior to the proposed site alteration for the 2-, 10-, and 100-year storm events. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the City Engineering Design Standards. The City Engineer retains the authority to require the above conditions to apply to the volume of storm water runoff discharging at any point leaving the site. 2. The analyses for the volume of storm water runoff shall be calculated using the Soil Conservation Service Type II time distribution for the 2-, 10, and 100-year 24-hour storm events. The volume of storm water runoff prior to the proposed development shall be calculated at the pre-settlement condition as defined in the State of Minnesota Stormwater Manual for a "meadow" condition based on the applicable hydrologic soil group(s) for the development (see Table 1). (d) Table 1. Curve Number for Pre-Settlement Condition

26 Hydrologic Soil Group A 30 B 58 C 71 D 78 Runoff Curve Number (e) Drainage-related easements. Drainage easements must be acquired on behalf of the city and legally recorded at the county for all permanent storm water facilities to allow for proper access and maintenance activities. At a minimum, drainage easements shall meet the following criteria. 1. Easements are required for all ponding areas to the basin's 100-year storm high water level elevation. 2. Easements are required for all outlet swales and ditches, and for overland overflow routes located downstream of basins located on site. 3. Easements are required for all storm sewer pipes, throughout its entire length. For storm sewer pipes installed less than 10 feet in depth within private property, the easement shall be a minimum of 20 feet wide. For storm sewer pipes installed greater than 10 feet in depth within private property, the easement shall be a minimum of 30 feet wide, or as determined by the City Engineer. road. 4. Easements are required for maintenance vehicle access to all storm water facilities where not directly available on a public 5. If a storm water management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. (B) Erosion and sediment control plan. (1) All erosion and sediment control plans shall meet or exceed the most stringent of the performance and design standards of this subchapter and shall be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing or approval requirements of relevant watershed districts (Brown's Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and other regulatory agencies. (2) Erosion and sediment control criteria. (a) Erosion and sediment control plans will be assessed in the following ways: 1. Pollution prevention by minimizing disturbance of natural soil cover and vegetation, and minimizing, in area and duration, exposed soil and unstable soil conditions; 2. Using sediment barriers to protect soil stockpiles, receiving water bodies, wetlands, storm sewer inlets, and adjacent properties from sediment deposition; 3. Minimize off-site sediment transport on trucks and equipment; 4. Minimize work in and adjacent to water bodies and wetlands; 5. Maintain stable slopes; 6. Avoid steep slopes and the need for high cuts and fills; 7. Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing; 8. Minimize the compaction of site soils; 9. Using and maintaining temporary and permanent soil stabilization; 10. Controlling site waste through the use of a designated concrete washout area; and

27 11. Managing site waste of all unused building materials by properly disposed of wastes offsite and not allowing site wastes to be carried by runoff into a receiving channel or storm sewer system. (b) All sites must be maintained to prevent unreasonable erosion and sedimentation. (c) Erosion control measures must be in place before any land disturbance activity begins, and measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken. (d) Streets shall be cleaned and swept within 24 hours whenever tracking of sediment occurs and before sites are left idle for weekends and holidays. (e) All temporary erosion and sediment control measures, such as silt fence and inlet protection devices, shall be removed within 30 days after permanent stabilization is attained. All storm sewer systems and drainage ways must be flushed and cleaned of sediment accumulation and all accumulated sediments must be removed and properly disposed. (Ord , passed ; Am. Ord , passed ) STORM WATER FACILITY MAINTENANCE. (A) Maintenance of publically owned facilities. (1) The city shall perform maintenance of publicly owned storm water facilities within the city as provided for in the local surface water management plan and the City Storm Water Pollution Prevention Plan. (2) A final inspection shall be required before the city accepts ownership of the stormwater facilities. Before work under the plan is deemed complete, the applicant must submit as-built record drawings and a maintenance plan demonstrating at the time of final stabilization that the storm water facilities conform to design specifications. (B) Maintenance of privately owned facilities. A maintenance agreement in a form acceptable to the city must be executed and recorded with the county for all permanent storm water facilities to be located on private property. The agreement shall provide a maintenance plan defining the party responsible to conduct maintenance, the type of maintenance and the maintenance intervals. (Ord , passed ) MONITORING AND INSPECTIONS. (A) Monitoring and inspection requirements for site construction. The applicant is responsible for inspections and record keeping in accordance with the approved plan requirements and NPDES permit requirements. The applicant must maintain a copy of the approved storm water management and erosion and sediment control plans at the site at all times including all daily records required by the plan(s). The applicant must monitor site conditions and make any and all necessary repairs and corrections to the erosion control measures to maintain site compliance. The applicant has a duty to report to the city any illegal offsite discharges. Failure to make a report within 24 hours of the discovery of the offsite discharge shall constitute a violation of this subchapter. (B) City inspections. (1) The city shall conduct inspections on a regular basis to ensure that both storm water and erosion and sediment control measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The city shall not be responsible for the direct or indirect consequences to the applicant or to third-parties for non-compliant conditions undetected by inspection. (2) Right of entry. The issuance of an approved plan under this subchapter constitutes a right of entry for the city or its contractor to enter upon the construction site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys, including the right to bring such equipment to perform such surveys and investigations. The City Inspector may copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this site, and may inspect the storm water pollution control and erosion control measures including any sampling and monitoring pertaining to the compliance requirements for the site. (3) Construction shall not occur on the site at any time when the city has identified conditions of non-compliance or a stop work order has been issued.

28 (4) Construction activities undertaken by an applicant prior to resolution of all discrepancies specified by the city shall constitute a violation of this subchapter. (5) Whenever there is insufficient evidence of compliance with any of the provisions of this subchapter or evidence that any material or construction does not conform to the requirements of the approved plans, the city may require tests as proof of compliance to be made at no expense to the city. Test methods shall be as specified by recognized test standards, or in the absence thereof, by the city. (Ord , passed ) ENFORCEMENT. (A) Enforcement. The city shall be responsible for enforcing this subchapter. (B) Penalties. Any person, firm or corporation failing to comply with or violating any of the provisions of this subchapter, shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this subchapter is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended until the applicant has corrected any and all violations. (C) Enforcement by stop work order. (1) Whenever a city inspector finds any violation of this subchapter, the inspector will fill out an inspection form noting the observed violations and a stop work order will be issued. (2) The stop work order shall be in writing and shall be given to the applicant or the applicant's agent. (3) Upon issuance of the stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order. (4) The applicant must immediately begin corrective actions to remedy the violations. Once the violations have been corrected the applicant must contact the city to schedule a re-inspection. (5) The applicant may commence further activity at the site after a re-inspection is provided by the city and the city determines that the site is in compliance, and all fees associated with the violation are paid in full. (6) If the applicant fails to correct the violations in a timely manner, the city may correct the cited violations and draw down the escrow to cover the costs. (D) Enforcement actions to ensure compliance. (1) The city can take the additional following actions in the event of a failure by applicant to meet the terms of this subchapter. (a) Withhold inspections or issuance of certificates or approvals. (b) Revoke any permit issued by the city to the applicant. (c) Conduct remedial or corrective action on the development site or adjacent site affected by the failure. (d) Recover from applicant all costs associated with correcting the failure or remediating damage from the failure, by drawing down any escrow funds. If the costs exceed the escrow funds the city may invoice the applicant with payment due immediately. All payments by applicant must be made prior to resuming work on the site. (e) Bring other actions against the applicant to recover costs of remediation or meeting the terms of this subchapter. (Ord , passed ) FINANCIAL SECURITIES. (A) Financial securities. The applicant shall provide security for the performance of the work in the amount established in the city's fee schedule, and in a form acceptable to the city. (B) Action against the financial security. The city may access the financial security to conduct work necessary to correct any

29 violations in a timely manner and in accordance with the provisions of this subchapter. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city including a fee to the city for processing equal to 10% of the any contractor(s) invoice for materials and services, to reimburse the city for all costs incurred in the process of remedial work including, but not limited to, staff time, engineering fees and attorney's fees. (C) Maintenance of financial security. If at any time the financial security is drawn upon, the applicant will be required to submit additional security to restore the security to the full amount as originally established. Restoring the full security is a requirement prior to resuming work on the site. (Ord , passed ) STORM WATER UTILITY. Please refer to Chapter 53 in the City Code. (Ord , passed ) LAWN FERTILIZER REGULATIONS. person shall apply fertilizer to or deposit grass clippings, leaves, or other vegetative materials on impervious surfaces, or within storm water drainage systems, natural drainage ways, or within wetland buffer areas. (Ord , passed ) Penalty, see OTHER CONTROLS. (A) In the event of any conflict between the provisions of this subchapter and the provisions of any other city ordinance adopted by the city council, the more restrictive standard prevails. (B) The city reserves the right to impose supplemental or additional conditions or requirements to prevent erosion or undesired runoff. (Ord , passed )

30 ENGINEERING DESIGN STANDARDS for CITY OF LAKE ELMO STREET DESIGN AND GEOMETRICS Geometric Design, Local Residential Street Minimum Street Width, back of curb to back of curb.. 28 feet Center Crown 2.5% Minimum Longitudinal Grade...0.5% Maximum Longitudinal Grade..8% Maximum Intersection Approach Grade, First 100 feet.2.0% Minimum Vertical Curve Length, Crest.. K=19 Minimum Vertical Curve Length, Sag... K=37 Minimum Horizontal Curve Radius feet Intersection Angles...90 degrees Minimum Intersecting Street Offset, from Centerlines.150 feet Curb Radius, Minimum Local to Local..20 feet Curb Radius, Minimum Local to Collector...25 feet Minimum Diameter of Cul de sac...90 feet Minimum Grade around Cul de sac % Maximum Cul de sac Street Length feet Temporary Cul de sac at plat line...required Geometric Design, Collector Street Design Standards Meeting State Aid for minimum design speed Minimum Street Width, back of curb to back of curb.. Varies (34 feet min) Maximum Longitudinal Grade.. 6% Intersection Angles...90 degrees Tangent Length at Intersection from Curb Line, Local Streets feet Tangent Length at Intersection from Curb Line, Higher Class Streets feet Tangent Minimum between curves...50 feet Minimum Vertical Curve Length, Crest..Meeting State Aid for minimum design speed Minimum Vertical Curve Length, Sag..Meeting State Aid for minimum design speed Minimum Horizontal Curve Radius Meeting State Aid for minimum design speed Minimum Intersecting Street Offset, if allowed, from Centerlines feet Street/Roadway Access..Per City Access Management Spacing Guidelines Driveway Access, Residential.....Prohibited Driveway Access, Commercial.. Per City Access Management Spacing Guidelines Curb Radius feet CITY OF LAKE ELMO, MN DESIGN STANDARDS MANUAL REVISION DATE: FEBRUARY 2013 PAGE 1 of 8

31 Pavement Section Design Local Residential Street.Minimum 7 Ton Design Subbase, Select Granular Borrow (SPEC B).. Minimum 12 inches Subsurface Drainage System...Required Base, Aggregate Base, Cl % Stone Aggregate....Minimum 6 inches te: Class 7 Recycled Concrete Substitute by City Engineer Approval n Wearing Course, MnDOT 2360 Type SP 12.5, Mixture 2B ½ inches Wearing Course, MnDOT 2360 Type SP 9.5, Mixture 2B.....1½ inches Collector Street and Above.Minimum 9 Ton Design Subbase, Select Granular Borrow (SPEC B).. Minimum 12 inches Subsurface Drainage System...Required Base, Aggregate Base, Cl % Stone Aggregate....Minimum 8 inches te: Class 7 Recycled Concrete Substitute by City Engineer Approval n Wearing Course, MnDOT 2360 Type SP 12.5, Mixture 2B inches Wearing Course, MnDOT 2360 Type SP 9.5, Mixture 2B inches Draintile/Street Subsurface Drainage Type..Rigid PVC Perforated Size...4 inch Sock. MnDOT SPEC 3733 Location...At all Low Points and Project Specific Design Curb and Gutter Material, All Purposes.. Concrete Strength, Minimum Requirements... 3,900 PSI Type, New Developments, Single Family Residential. Surmountable Type, New Developments, Multifamily, Commercial.B618 Type, Collector Roads, Reconstruction B618 Utility Conduit Type...PVC Schedule 40 Location/Depth Perpendicular to Street and below Street Subgrade Entrances/Driveways Maximum Driveway Width at Right of way.. Varies by Zoning District Bituminous Driveway Minimum Thickness, Section.. Match Street Residential Concrete Driveway Minimum Thickness 6 inches Commercial Concrete Driveway Minimum Thickness....8 inches Signing Design Standards MMUTCD Sheathing Type. High Intensity Diamond Grade DG3 Sign Posts, unpainted galvanized metal LBS./ft. CITY OF LAKE ELMO, MN DESIGN STANDARDS MANUAL REVISION DATE: FEBRUARY 2013 PAGE 2 of 8

32 RIGHT OF WAY AND BOULEVARD LAYOUT Right of Way Widths Local Residential Street Minimum Width.. 60 feet Cul de sacs foot radius Collector Street Minimum Width.....Varies (100 feet Minimum) Boulevard, Local Residential Street Width feet Slope, Typical and Maximum....4% and 4:1 Topsoil Minimum...6 inch Turf Treatment....Lawn Sod Tree Location without Sidewalk or Trail...5 feet back of curb Tree Location with Sidewalk or Trail... 8 feet back of curb Street Light Location 5 feet back of curb Hydrant Location...5 feet back of curb Sidewalks Collector Street Required on both sides Local Residential Street..... Required on one side Cul de sac Street... Required for trail connection Width feet Sidewalk Maximum Longitudinal Grade.6% Pavement Section inch Concrete; 4 inch Select Granular Trails Locations Per city trail plan and as directed Width, Local Trail ½ feet Pavement Section, Local Trail inch Bituminous; 8 inch minimum Class 5 Berm Construction in Boulevard Maximum Side Slope with Maintenance Requirements...3:1 Maximum Side Slope with Natural Vegetation...2:1 CITY OF LAKE ELMO, MN DESIGN STANDARDS MANUAL REVISION DATE: FEBRUARY 2013 PAGE 3 of 8

33 SANITARY SEWER Force Main Material....PVC or HDPE PVC, 2 inch 24 inch. C900/C905 HDPE Class, 1 inch..sdr 9 HDPE Class, 2 inch 24 inch.....sdr 11 Minimum Cover.. 8 Feet Location of main in Street..Project Specific Tracer Wire 12 Gauge Copper Air Relief Valve and Manhole Locations..All High Points Gravity main Material..PVC Minimum Diameter inch Class, up to 20 feet in depth....sdr 35 Class, feet in depth...sdr 26 Class and Material, over 25 feet in depth...project Specific Minimum cover over pipe 5.5 feet Maximum depth of pipe.30 feet Location of main in Street..Centerline Slope....Ten States Standards Sanitary Sewer Manholes Type...Precast Concrete Maximum inlet/outlet elevation difference...2 feet Minimum depth of Manhole..6 feet Type of Casting..R 1642 B Joints and Assembly...Per City Details Location...Street Centerline Maximum Spacing feet Flow Line Match Required 8/10ths Rule Drop Across All Manholes Required feet Connections to Existing Manholes. Core Drill Outside drop minimum..2 feet Outside drop Material...Ductile Iron Service Pipe Material..PVC Minimum Diameter...4 inch Class...SDR 26 CITY OF LAKE ELMO, MN DESIGN STANDARDS MANUAL REVISION DATE: FEBRUARY 2013 PAGE 4 of 8

34 WATERMAIN Water Service Pressures Individual Booster Pumps required.development specific Main Pipe Material...DIP Class. CL. 52 Minimum Diameter Mainline... 8 inch Minimum Diameter Unlooped Cul de sac inch Minimum Diameter Residential Hydrant Lead inch Minimum Diameter Commercial/Industrial Hydrant Lead inch Minimum Cover... 7½ feet Location of main in Street....rth or West Tracer Wire Pro Trace CCS #12 AWG THWN Maximum Length of Dead Ends feet Air Release measures..mh, Hydrant Hydrants Type Waterous Pacer WB 67 Depth of Bury....8½ feet Maximum Coverage Radius, Residential feet Maximum Coverage Radius, Commercial feet Gate valve on Hydrant leads.... at Tee Hydrant zzel inch Storz Valves Resilient Seat Gate Valve, for 12 inch pipe & smaller.. American Flow Control 2500 Series Butterfly Valve, for pipe over 12 inch... Mueller Lineseal III Valve Box...Tyler G Box6860 Maximum area isolated by valving...20 services Maximum distance between valves on Trunk Mains..800 feet Service Pipe Service Material..Type K copper Corporation Stop....A.Y. McDonald 74701B Curb Stop...A.Y. McDonald Curb Box...A.Y. McDonald 5614 w/rod & Mpls. top CITY OF LAKE ELMO, MN DESIGN STANDARDS MANUAL REVISION DATE: FEBRUARY 2013 PAGE 5 of 8

35 STORM SEWER Design Design Frequency for Storm Sewer year Minimum storm sewer design velocity.. 3 fps Maximum storm sewer design velocity..15 fps Maximum storm sewer outlet velocity.. 5 fps Minimum Outlfall Pipe Slope.1.0% Main Pipe Storm Sewer Pipe Material..RCP Minimum Cover Depth...3½ feet Minimum Pipe Diameter, Laterals..12 inch Minimum Pipe Diameter, Main...15 inch Minimum Catch Basin Lead..12 inch Location of main in Street...South or East Culvert pipe Culvert Material, urban road or crossing public road...rcp Culvert Material, rural road private driveway.....cmp Minimum Culvert Size...15 inch Apron and Trash Guard Required.... Manholes Type Precast Concrete Sump Depth and Location...N/A Minimum Structure Depth...4½ feet Casting......R 1642 B Minimum Adjustment Rings..2 Maximum Adjustment Rings foot Catch Basins Type...Precast Concrete Minimum Structure Depth ½ feet Maximum run to Catch Basin feet Casting, Curb & Gutter, B Style Curb...R 3067V Casting, Area Drain.. R 4342 CITY OF LAKE ELMO, MN DESIGN STANDARDS MANUAL REVISION DATE: FEBRUARY 2013 PAGE 6 of 8

36 STORMWATER MANAGEMENT AND STORMWATER BMPs te: Stormwater facilities shall be in accordance with the Requirements listed herein; in accordance with the Requirements of the applicable watershed district; and in accordance with the Minnesota Stormwater Manual if not otherwise addressed. When referencing the Minnesota Stormwater Manual, all Recommended and Highly Recommended provisions shall be considered requirements by the City of Lake Elmo unless specifically approved otherwise by the City Engineer. Site Design Facility locations..outlets deeded to City Location.. above 100 year HWL Building Lowest Opening above 100 year HWL...2 feet Minimum access road easement width...20 feet Maximum grade for maintenance access roads...10% Setback from building foundations.25 feet Stormwater Ponds (Detention Basins) Design Frequency (DF), SCS Type II. 2, 10, and 100 year, and 100 year 10 day snowmelt DF, Landlocked Basins (Requires Volume Control)...Back to Back 100 year Minimum Basin Depth to HWL..3 feet Maximum Pond Depth to HWL feet Average Permanent Pool Depth...4 feet to 6 feet Permanent Pool Length to Width Ratio...3:1 or greater Maximum side slope, first ten feet into Permanent Pool :1 Maximum side slope, beyond first ten feet... 3:1 Pretreatment Sediment Forebay. Required 10% Pond Area Required freeboard..2 feet above HWL Drainage Swales Maximum side slopes on Swales....3:1 Maximum side slopes on Right of Way Swales...4:1 Minimum longitudinal Swale grade.....2% Minimum Swale depth within Right of Way inches Minimum Bottom Width...4 feet Infiltration Facilities (Bioretention Areas and Rain Gardens) Maintenance Agreement for public right of way....required Maintenance Access Easement....Required Minimum distance from building foundation or property line feet Minimum distance from septic system or drainfield...35 feet Minimum distance from public or private well feet Maximum Site Slope %5 Minimum depth to Bedrock...5 feet Minimum depth to Seasonally High Water Table...5 feet Located in hotspot drainage shed (i.e. gas stations)..prohibited Located in Hydrologic Soil Group D Soils....Prohibited Underdrain, Type C (filtration).. Required CITY OF LAKE ELMO, MN DESIGN STANDARDS MANUAL REVISION DATE: FEBRUARY 2013 PAGE 7 of 8

37 Soil infiltration rates.by Field Testing Minimum In situ Permeability...1 inch per hour Maximum side slope,.4:1 Maximum drain dry time..48 hours Soil medium % sand; 20 30% topsoil; 20 30% leaf compost Plantings.Plant List in Appendix E of MN Stormwater Manual Other Stormwater BMPs: The City of Lake Elmo has adopted the following additional BMPs and Low Impact Development practices for the City and promotes their use in accordance with these Engineering Design Standards and the applicable City Code. Open Space Developments in applicable Zoning Districts. Narrow Streets through minimized street width standards. Stormwater Reuse. Filtration Facilities. Vegetated Swales (Ribbon Curbs and Curbless Streets in applicable Zoning Districts). Temporary Erosion and Sedimentation Control using Engineering Standards Manual. Stormwater Site Design. Conservation of open spaces to protect a site s natural areas. Impervious lot coverage credits for Stormwater BMPs. Use of Pervious Pavements. Reproduce predevelopment hydrology. Incorporation of Landscaping and use of Native Vegetation. DETAIL PLATE NUMBERS AND PLAN NOTES Pipe Installation 101,103,105 Watermain 200A,201,203,204,206,207A,207B,210 Sanitary Sewer 300A,301,302,303,305,306,313,314 Storm Sewer 400A,402,404,405,406,407,408,409,410, 411,412,417,419,420,421 Pavements, Curbs, Walks 500A,501,502,504,505,506,507,508, ,511,512,513 Erosion Control 600A,600B,600C,600D,601,603,604,605 Miscellaneous 700A,705,712,713 Typical Sections and Right of Way 801,804,805,806 Landscaping 900A,900B,901,902,903 CITY OF LAKE ELMO, MN DESIGN STANDARDS MANUAL REVISION DATE: FEBRUARY 2013 PAGE 8 of 8

38 Lake Elmo, MN Code of Ordinances ILLICIT DISCHARGE AND CONNECTION PURPOSE. The general purpose of this subchapter is to provide for the health, safety, and general welfare of the public through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This subchapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the MS4 permit issued to the City of Lake Elmo by the Minnesota Pollution control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) permit process. The objections of this subchapter are: (A) To regulate the contribution of pollutants to the MS4 by storm water discharges by any user; (B) To prohibit illicit connections and discharges to the MS4; (C) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this subchapter APPLICABILITY. This subchapter shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by (A)(1) through (A)(4) of this subchapter DEFINITIONS. For the purposes of this subchapter, all terms, phrases, words, and their derivatives shall have the meanings as stated in Chapter 11 of the City Code RESPONSIBILITY FOR ADMINISTRATION. The City of Lake Elmo shall administer, implement, and enforce the provisions of this subchapter. Any powers granted or duties imposed upon the City of Lake Elmo maybe delegated in writing by the City Administrator to persons or entities acting in the beneficial interest of or in the employ of the city COMPATIBILITY WITH OTHER REGULATIONS. This subchapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this subchapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this subchapter 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.

39 ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this subchapter are minimum standards; therefore this subchapter does not intend or imply that compliance by any person will ensue that there will be no contamination, pollution, or unauthorized discharge of pollutants DISCHARGE PROHIBITIONS. (A) Prohibition of illegal discharges. person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this subchapter: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, street wash water, dechlorinated swimming pool water, and any other water source not containing a pollutant. (a) For swimming pool discharges, water shall sit seven days without the addition of chlorine to allow for chlorine to evaporate before discharge. (b) Discharge of swimming pools, crawl spaces, sump pumps, footing drains and other sources that may be determined to contain sediment or other forms or pollutants may NOT be discharged directly to a gutter or storm sewer. This discharge must be allowed to flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals and infiltration of water consistent with the storm water requirements of the City of Lake Elmo. (2) Discharges or flow from firefighting, and other discharges specified in writing by the City of Lake Elmo as being necessary to protect public health and safety. (3) Discharges associated with dye testing, however this activity requires a written notification to the City of Lake Elmo prior to the time of the test. (4) The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the MPCA, provided that the discharger is in foil compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. (B) Prohibition of illicit connections. (1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. (2) This prohibition expressly 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. (3) A person is considered to be in violation of this subchapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. (4) Improper connections in violation of this subchapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City of Lake Elmo. (5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Lake Elmo requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Lake Elmo. (C) Additional discharge prohibitions. Any owner or occupant of property within the City of Lake Elmo shall comply with the

40 following requirements: (1) Subsurface sewage treatment systems shall be maintained to prevent failure. (2) Recreational vehicle sewage shall be disposed of to a proper sanitary waste facility. (3) Mobile washing companies (carpet cleaning, mobile vehicle washing, and the like) shall dispose of wastewater to the sanitary sewer. (4) All motor vehicle parking lots and private streets shall be swept, at a minimum, once a year in the spring to remove debris. Such debris shall be collected and properly disposed. (5) Fuel, chemical residue, household hazardous waste or other types of potentially harmful material shall be disposed of properly. (6) Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. (7) Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills or discharges WATERCOURSE PROTECTION. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Submission of tice of Intent (NOI) to the City of Lake Elmo. (A) Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit is required in a form acceptable to the City of Lake Elmo prior to the allowing of discharges to the MS4. (1) Industrial activity includes activities subject to NPDES Industrial Storm Water Permits as defined in 40 CFR, Section (b)(14). (2) Construction activity includes activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. (B) The operator of a facility, including construction sites, required to have an NPDES permit to discharge storm water associated with industrial activity shall submit a copy of the NOI to the City of Lake Elmo at the same time the operator submits the original NOI to the EPA as applicable. (C) The copy of the NOI must be delivered to the City of Lake Elmo either in person or by mailing it to: tice of Intent to Discharge Storm Water City of Lake Elmo 3800 Laverne Avenue S. Lake Elmo, MN (D) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the NOI to do so to the City of Lake Elmo.

41 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The City of Lake Elmo will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this subchapter. These BMPs shall be part of a storm water management plan (SWMP) as necessary for compliance with requirements of the NPDES permit NOTIFICATION OF SPILLS. twithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary 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 of Lake Elmo in person or by phone no later than the next business day. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Failure to provide notification of a release as provided above is a violation of this subchapter RIGHT OF ENTRY. The City of Lake Elmo shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter, including the right to set up, or require facilities owner to set up devices necessary to conduct monitoring and/or sampling of the facilities storm water discharge ENFORCEMENT. (A) Enforcement. The City of Lake Elmo shall be responsible for enforcing this subchapter. (B) Penalties. Any person, firm or corporation failing to comply with or violating any of the provisions of this subchapter, shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this subchapter is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended until the applicant has corrected any and all violations. (C) Emergency cease and desist orders. When the City of Lake Elmo finds that any person has violated, or continues to violate, any provision of this subchapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Lake Elmo may issue an order to the violator directing it immediately to cease and desist all such violations.

42 (D) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. Such suspension may also be imposed if it is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger. (E) Violations 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 subchapter 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 SEVERABILITY. The provisions of this subchapter are severable. If any provision of this subchapter or the application of any provision of this subchapter to any circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter, which can be given effect without the invalid provision or application AUTHORITY. This subchapter shall become effective upon its passage and publication in accordance with the law.

43 Lake Elmo, MN Code of Ordinances STORM WATER AND EROSION AND SEDIMENT CONTROL STATUTORY AUTHORIZATION. This subchapter is adopted pursuant to the authorization and policies contained in M.S. Chs. 103B, 103F.401, 103F.441, and 462 and Minnesota Rules Chs. 7050, 7090, and This subchapter is intended to meet the current construction site erosion and sediment control and post-construction storm water management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 CFR pt (b)(14)(x) and (b)(15), respectively. (Ord , passed ) FINDINGS. The City of Lake Elmo finds that uncontrolled storm water runoff and construction site erosion from land development and land disturbing activity can have significant adverse impacts upon local and regional water resources diminishing the quality of public health, safety, public and private property, and natural resources of the city. Specifically, uncontrolled construction site erosion and storm water runoff can: (A) Threaten public health, safety, property, and general welfare by increasing runoff volume peak flood flows, and overburdening storm sewers, drainage ways, and other storm drainage systems; (B) Diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing pollutant loadings of total sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens, and other urban pollutants; (C) Degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, diminishing stream base flows, and increasing stream temperatures; (D) Undermine floodplain management efforts by increasing the incidence and levels of flooding; (E) Alter wetland communities by changing wetland hydrology and increasing pollutant loading; and (F) Generate airborne particulate concentrations that are health threatening or may cause other damage to property or the environment. (Ord , passed ) PURPOSE. (A) The general purpose of this subchapter is to set forth regulatory requirements for land development and land disturbing activities aimed at minimizing threats to public health, safety, public and private property and natural resources within the city from construction site erosion and post-construction storm water runoff. (B) Specific purposes are to establish performance standards that will: (1) Protect life and property from dangers associated with flooding; (2) Protect public and private properly and the natural resources from damage resulting from runoff and construction site erosion; (3) Protect functional values of all types of natural water bodies (e.g., rivers, streams, wetlands, lakes, seasonal ponds); (4) Sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems; (5) Protect water quality from nutrients, heavy metals, bacteria, pathogens, debris, thermal stress, and other urban pollutants; (6) Promote infiltration and groundwater recharge;

44 (7) Regulate storm water runoff volumes and peak rates for land development and land disturbing activities; (8) Promote regional storm water management by watershed; and (9) Provide a single, consistent set of performance standards that apply to all land development and land disturbing activities. (Ord , passed ) APPLICABILITY. (A) Storm water management. (1) A storm water management (SWM) plan shall be required for all proposed land development activity, unless otherwise exempted in this subchapter, which meets any or all of the following: (a) Any land development activity that increases and/or replaces impervious surface with a surface area exceeding 1 acre, including smaller individual sites that are part of a common plan of development that may be constructed at different times; and/or (b) A subdivision consisting of 3 or more lots; and/or (c) Any land development activity, regardless of size, that the city determines would otherwise cause an adverse impact to an environmentally sensitive area. (2) Exemptions. The following land development activities will be exempt from the storm water management requirements of this subchapter: (a) Mining activities regulated by Chapter 90 of the City Code; and (b) Reconstruction of existing public trails and construction of new public trails that are not a part of a proposed land development activity as defined in division (A)(1) above. (c) Reclamation and maintenance of existing public streets. (B) Erosion and sediment control. (1) An erosion and sediment control (ESC) plan shall be required for all proposed land disturbing activity, unless otherwise exempted in this subchapter, which meets any or all of the following: (a) Meets the permit requirements of an excavation and grading permit per of the City Code; (b) New dwelling permits; (c) A subdivision of any size; (d) Involves the laying, repairing, replacing, or enlarging of an underground utility, pipe or other facility, or the disturbance of road ditch, grass swale or other open channel for a distance of 500 feet or more; and/or (e) Is a land disturbing activity, regardless of size, that the city determines would otherwise cause an adverse impact to an environmentally sensitive area, or may violate any erosion and sediment control standard set forth in this subchapter. (2) Exemptions. The following land disturbing activities will be exempt from the erosion and sediment control plan requirements of this subchapter: (a) Cemetery graves; (b) Mining activities regulated by Chapter 90 of the City Code; (c) Tilling, planting, or harvesting of agricultural, horticultural or silvicultural (forestry) crops; (d) Emergency work necessary to protect life, limb, or property; and (e) City, county, state, or federal agency project whose plans and specifications meet the requirements of this subchapter and are reviewed and approved by the city under a separate process. (Ord , passed ; Am. Ord , passed )

45 DEFINITIONS. For the purpose of this subchapter, all terms, phrases, words, and their derivatives shall have the meanings as stated in Chapter 11 of the City Code. (Ord , passed ) INCORPORATION BY REFERENCE. (A) The following are incorporated into this subchapter by reference: (1) The Local Surface Water Management Plan; and (2) The City Engineering Design Standards. (B) All storm water mitigation and management technologies shall be consistent with the most current versions of the City Engineering Design Standards. (Ord , passed ) PLAN REVIEW PROCEDURE. (A) Plan approval required. The applicant shall not commence any construction activity subject to this subchapter until plan approval has been authorized by the city and all fees, escrows and securities have been paid and filed with the city. (B) Plan submittal. The applicant must submit the required plans and documentation to fully address all provisions of this subchapter and demonstrating conformance to the current versions of the City Engineering Design Standards. (C) Plan review and authorization. The city shall review the plan submittal for completeness and compliance with standards. If the city determines that the plan does not meet the requirements of this subchapter, the city shall notify the applicant that the submittal is incomplete and request changes or additional information. The plan(s) must be revised to correct the deficiencies and resubmitted for approval before the land disturbance activity begins. If the city determines that the storm water management plan and/or erosion and sediment control plan meet the requirements of this subchapter, the city shall issue a plan approval valid for a specified period of time that authorizes the land activity contingent on the implementation and completion of this plan. The city may approve the plans subject to compliance to conditions reasonable and necessary to insure that the requirements in this subchapter are met. (D) Construction initiation and first compliance inspection. work shall begin on a site until a preconstruction meeting has been conducted (if required by the city as part of the plan approval). Once work is authorized to begin, the applicant or agent shall install all erosion and sediment control devices as required by the approved plan and shall inform the city that they are in place. The city will complete an initial site inspection to determine compliance with the plan and to authorize the land disturbance activity to begin. (E) Adherence to the approved plans and plan modifications. Once approved by the city, the storm water management plan and/or erosion and sediment control plan must be followed throughout the duration of the land disturbance or land development activity. The approved plans shall not be modified or altered without receiving written authorization from the city. Plan amendments will be required by the city whenever: (1) A change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge or pollutants to surface waters or underground waters; (2) Inspections or investigations indicate the plans are not effective in eliminating or significantly minimizing the discharge or pollutants to surface waters or underground waters or that the discharges are causing water quality degradation; (3) The plan is not achieving the genera) objectives of minimizing pollutants in storm water discharges associated with construction activity; or (4) The plan is found to not be consistent with the terms and conditions of this subchapter. (F) Variance requests. The city may grant a variance on a case-by-case basis. The content of a variance is specified in the zoning code.

46 (Ord , passed ) PERFORMANCE AND DESIGN STANDARDS. (A) Storm water management plan. (1) All storm water management plans shall meet or exceed the most stringent of the performance and design standards of this subchapter and shall be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing or approval requirements of relevant watershed districts (Brown's Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers, and other regulatory agencies. (2) Storm water criteria. (a) Storm water management plans will be assessed for stormwater rate control, stormwater volume control and storm water quality management to reduce the impacts of the land activity by maintaining pre-development hydrological conditions in the following ways. 1. Decrease runoff volume. 2. Decrease erosion and sedimentation. 3. Decrease flow frequency, duration, and peak runoff rates. 4. Increase infiltration (groundwater recharge). 5. Maintain existing flow patterns. 6. Reduce time to peak flows by increasing the time of concentration to and through drainage ways and storm sewers. 7. Storage of storm water runoff on-site. 8. Avoid channel erosion. (b) Rate control requirements. 1. The rate of storm water runoff discharging from a proposed site shall not be greater than the rate of storm water runoff discharging prior to the proposed site alteration for the 2-, 10-. and 100-year storm events. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the City Engineering Design Standards. The City Engineer retains the authority to require the above conditions to apply to the rate of storm water runoff discharging at any point leaving the site. 2. The analyses for the rate of storm water runoff shall be calculated using the Soil Conservation Service Type II time distribution for the 2-, 10, and 100-year 24-hour storm events. The rate of storm water runoff prior to the proposed development shall be calculated at the pre-settlement condition as defined in the State of Minnesota Stormwater Manual for a "meadow" condition based on the applicable hydrologic soil group(s) for the development (see Table 1). (c) Volume control requirements. 1. The volume of storm water runoff discharging from a proposed site shall not be greater than the volume of storm water runoff discharging prior to the proposed site alteration for the 2-, 10-, and 100-year storm events. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the City Engineering Design Standards. The City Engineer retains the authority to require the above conditions to apply to the volume of storm water runoff discharging at any point leaving the site. 2. The analyses for the volume of storm water runoff shall be calculated using the Soil Conservation Service Type II time distribution for the 2-, 10, and 100-year 24-hour storm events. The volume of storm water runoff prior to the proposed development shall be calculated at the pre-settlement condition as defined in the State of Minnesota Stormwater Manual for a "meadow" condition based on the applicable hydrologic soil group(s) for the development (see Table 1). (d) Table 1. Curve Number for Pre-Settlement Condition

47 Hydrologic Soil Group A 30 B 58 C 71 D 78 Runoff Curve Number (e) Drainage-related easements. Drainage easements must be acquired on behalf of the city and legally recorded at the county for all permanent storm water facilities to allow for proper access and maintenance activities. At a minimum, drainage easements shall meet the following criteria. 1. Easements are required for all ponding areas to the basin's 100-year storm high water level elevation. 2. Easements are required for all outlet swales and ditches, and for overland overflow routes located downstream of basins located on site. 3. Easements are required for all storm sewer pipes, throughout its entire length. For storm sewer pipes installed less than 10 feet in depth within private property, the easement shall be a minimum of 20 feet wide. For storm sewer pipes installed greater than 10 feet in depth within private property, the easement shall be a minimum of 30 feet wide, or as determined by the City Engineer. road. 4. Easements are required for maintenance vehicle access to all storm water facilities where not directly available on a public 5. If a storm water management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. (B) Erosion and sediment control plan. (1) All erosion and sediment control plans shall meet or exceed the most stringent of the performance and design standards of this subchapter and shall be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing or approval requirements of relevant watershed districts (Brown's Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and other regulatory agencies. (2) Erosion and sediment control criteria. (a) Erosion and sediment control plans will be assessed in the following ways: 1. Pollution prevention by minimizing disturbance of natural soil cover and vegetation, and minimizing, in area and duration, exposed soil and unstable soil conditions; 2. Using sediment barriers to protect soil stockpiles, receiving water bodies, wetlands, storm sewer inlets, and adjacent properties from sediment deposition; 3. Minimize off-site sediment transport on trucks and equipment; 4. Minimize work in and adjacent to water bodies and wetlands; 5. Maintain stable slopes; 6. Avoid steep slopes and the need for high cuts and fills; 7. Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing; 8. Minimize the compaction of site soils; 9. Using and maintaining temporary and permanent soil stabilization; 10. Controlling site waste through the use of a designated concrete washout area; and

48 11. Managing site waste of all unused building materials by properly disposed of wastes offsite and not allowing site wastes to be carried by runoff into a receiving channel or storm sewer system. (b) All sites must be maintained to prevent unreasonable erosion and sedimentation. (c) Erosion control measures must be in place before any land disturbance activity begins, and measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken. (d) Streets shall be cleaned and swept within 24 hours whenever tracking of sediment occurs and before sites are left idle for weekends and holidays. (e) All temporary erosion and sediment control measures, such as silt fence and inlet protection devices, shall be removed within 30 days after permanent stabilization is attained. All storm sewer systems and drainage ways must be flushed and cleaned of sediment accumulation and all accumulated sediments must be removed and properly disposed. (Ord , passed ; Am. Ord , passed ) STORM WATER FACILITY MAINTENANCE. (A) Maintenance of publically owned facilities. (1) The city shall perform maintenance of publicly owned storm water facilities within the city as provided for in the local surface water management plan and the City Storm Water Pollution Prevention Plan. (2) A final inspection shall be required before the city accepts ownership of the stormwater facilities. Before work under the plan is deemed complete, the applicant must submit as-built record drawings and a maintenance plan demonstrating at the time of final stabilization that the storm water facilities conform to design specifications. (B) Maintenance of privately owned facilities. A maintenance agreement in a form acceptable to the city must be executed and recorded with the county for all permanent storm water facilities to be located on private property. The agreement shall provide a maintenance plan defining the party responsible to conduct maintenance, the type of maintenance and the maintenance intervals. (Ord , passed ) MONITORING AND INSPECTIONS. (A) Monitoring and inspection requirements for site construction. The applicant is responsible for inspections and record keeping in accordance with the approved plan requirements and NPDES permit requirements. The applicant must maintain a copy of the approved storm water management and erosion and sediment control plans at the site at all times including all daily records required by the plan(s). The applicant must monitor site conditions and make any and all necessary repairs and corrections to the erosion control measures to maintain site compliance. The applicant has a duty to report to the city any illegal offsite discharges. Failure to make a report within 24 hours of the discovery of the offsite discharge shall constitute a violation of this subchapter. (B) City inspections. (1) The city shall conduct inspections on a regular basis to ensure that both storm water and erosion and sediment control measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The city shall not be responsible for the direct or indirect consequences to the applicant or to third-parties for non-compliant conditions undetected by inspection. (2) Right of entry. The issuance of an approved plan under this subchapter constitutes a right of entry for the city or its contractor to enter upon the construction site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys, including the right to bring such equipment to perform such surveys and investigations. The City Inspector may copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this site, and may inspect the storm water pollution control and erosion control measures including any sampling and monitoring pertaining to the compliance requirements for the site. (3) Construction shall not occur on the site at any time when the city has identified conditions of non-compliance or a stop work order has been issued.

49 (4) Construction activities undertaken by an applicant prior to resolution of all discrepancies specified by the city shall constitute a violation of this subchapter. (5) Whenever there is insufficient evidence of compliance with any of the provisions of this subchapter or evidence that any material or construction does not conform to the requirements of the approved plans, the city may require tests as proof of compliance to be made at no expense to the city. Test methods shall be as specified by recognized test standards, or in the absence thereof, by the city. (Ord , passed ) ENFORCEMENT. (A) Enforcement. The city shall be responsible for enforcing this subchapter. (B) Penalties. Any person, firm or corporation failing to comply with or violating any of the provisions of this subchapter, shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this subchapter is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended until the applicant has corrected any and all violations. (C) Enforcement by stop work order. (1) Whenever a city inspector finds any violation of this subchapter, the inspector will fill out an inspection form noting the observed violations and a stop work order will be issued. (2) The stop work order shall be in writing and shall be given to the applicant or the applicant's agent. (3) Upon issuance of the stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order. (4) The applicant must immediately begin corrective actions to remedy the violations. Once the violations have been corrected the applicant must contact the city to schedule a re-inspection. (5) The applicant may commence further activity at the site after a re-inspection is provided by the city and the city determines that the site is in compliance, and all fees associated with the violation are paid in full. (6) If the applicant fails to correct the violations in a timely manner, the city may correct the cited violations and draw down the escrow to cover the costs. (D) Enforcement actions to ensure compliance. (1) The city can take the additional following actions in the event of a failure by applicant to meet the terms of this subchapter. (a) Withhold inspections or issuance of certificates or approvals. (b) Revoke any permit issued by the city to the applicant. (c) Conduct remedial or corrective action on the development site or adjacent site affected by the failure. (d) Recover from applicant all costs associated with correcting the failure or remediating damage from the failure, by drawing down any escrow funds. If the costs exceed the escrow funds the city may invoice the applicant with payment due immediately. All payments by applicant must be made prior to resuming work on the site. (e) Bring other actions against the applicant to recover costs of remediation or meeting the terms of this subchapter. (Ord , passed ) FINANCIAL SECURITIES. (A) Financial securities. The applicant shall provide security for the performance of the work in the amount established in the city's fee schedule, and in a form acceptable to the city. (B) Action against the financial security. The city may access the financial security to conduct work necessary to correct any

50 violations in a timely manner and in accordance with the provisions of this subchapter. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city including a fee to the city for processing equal to 10% of the any contractor(s) invoice for materials and services, to reimburse the city for all costs incurred in the process of remedial work including, but not limited to, staff time, engineering fees and attorney's fees. (C) Maintenance of financial security. If at any time the financial security is drawn upon, the applicant will be required to submit additional security to restore the security to the full amount as originally established. Restoring the full security is a requirement prior to resuming work on the site. (Ord , passed ) STORM WATER UTILITY. Please refer to Chapter 53 in the City Code. (Ord , passed ) LAWN FERTILIZER REGULATIONS. person shall apply fertilizer to or deposit grass clippings, leaves, or other vegetative materials on impervious surfaces, or within storm water drainage systems, natural drainage ways, or within wetland buffer areas. (Ord , passed ) Penalty, see OTHER CONTROLS. (A) In the event of any conflict between the provisions of this subchapter and the provisions of any other city ordinance adopted by the city council, the more restrictive standard prevails. (B) The city reserves the right to impose supplemental or additional conditions or requirements to prevent erosion or undesired runoff. (Ord , passed )

51 CONSTRUCTION SITE / ADDRESS: CITY OF LAKE ELMO 3800 Laverne Avenue rth Lake Elmo, Minnesota Phone: 651/ Fax: 651/ EROSION AND SEDIMENTATION CONTROL SITE INSPECTION FORM An erosion and sedimentation control inspection was completed on this construction site/address on the date noted below, and a violation of the City Ordinance, Permit and/or approved Erosion and Sedimentation Control Plan was identified as noted herein: SILT FENCE Repair and/or re-install silt fence on site. Silt fence required around spoil piles. Clean sediment deposits that have breached silt fence. Additional silt fence installation required. Silt fence NOT installed to function properly. TREE PROTECTION FENCE Repair and/or re-install tree protection on site. Additional tree fence installation required. ROCK CONSTRUCTION ENTRANCE Entrance requires cleaning of silts/soils. NOT installed per Plan or Standard Detail. Unapproved entrance is in use on the site. INLET PROTECTION Repair and/or re-install inlet protection measures. NOT installed per Plan or Standard Detail. Replace inlet protection devices with WIMCO Road Drain Inlet, or equal. STREET CLEANING Street cleaning required for site and/or adjacent street. OTHER VIOLATION / ADDITIONAL COMMENTS Date of Inspection: Re-inspection Fee Received: Re-inspection By: By: Date: Date Approved: Erosion and Sedimentation Control Inspection Form Rev. October 2007