Introduce Ordinance to Amend Chapter 117 Related to Stormwater Controls and Illicit Discharges

The City of Ramsey is required by the Minnesota Pollution Control Agency (MPCA) to maintain a Municipal Separate Storm Sewer System (MS4) permit, which outlines stormwater pollution control standards for new development. A requirement of the MS4 permit is incorporating into City Code illicit discharge standards, which in essence means having regulations in place prohibiting the discharge of any substance other than stormwater into the storm sewer system.

The City is also a member of the Lower Rum River Watershed Management Organization (LRRWMO), which, in 2012, adopted their 3rd Generation Watershed Management Plan. Each member community is charged with ensuring their municipal regulations comply with the standards of the Watershed Management Plan. The 3rd Generation Plan includes certain new standards related to water quality and volume control that are presently in City Code.

The Notice of Public Hearing was properly published in the Anoka County Union.

The City presently has standards in City Code regarding stormwater pollution control. Subdivision II in Chapter 117, Article II, Division 6 outlines the requirements of stormwater management plans associated with proposed development. However, updates to this Subdivision are now necessary to implement the LRRWMO's 3rd Generation Plan. The main components of the ordinance amendment related to stormwater pollution control are water quality and volume control. Water quality standards focus primarily on phosphorous reduction (sixty percent [60%] removal efficiency) and removal of total suspended solids (ninety percent [90%] removal efficiency).

Another component of the ordinance amendment involves removing content that is no longer applicable. Section 117-395 reviews standards related to vegetated buffer protection for water bodies. However, in 2009, the City repealed it's wetland buffer ordinance, and thus, this Section is no longer applicable.

The proposed ordinance amendment adds Subdivision III to Chapter 117, Article II, Division 6. The intent of this Subdivision is to control or eliminate stormwater pollution associated with illicit discharges. The provisions within the Subdivision outline what constitutes an illicit discharge, what may be exempted from enforcement action related to illicit discharges, and emergency and non-emergency suspension of utility service related to illicit discharges. Adoption of this amendment would bring the City into compliance with the MS4 permit standards administered by the MPCA. Finally, in concert with the addition of this Subdivision, several new terms are proposed for inclusion in Section 117-1 (Definitions).

The Planning Commission conducted a Public Hearing at their January 31, 2013 meeting and there were no written or verbal comments received.  The Planning Commission did inquire and review how a potential violation may be handled (especially in an instance in which the violation occurred unknowingly or unintentionally).  Their main concern was understanding how the City would address a potential violation, which would be addressed similar to other established code enforcement procedures; the City would also conduct some education for the community through the website and newsletter to promote awareness of these standards and their intended purpose. 

Alternative Action Options:

The City Council could choose not to adopt the proposed ordinance amendments. The proposed ordinance amendments are intended to bring the City into compliance with the requirements of its MS4 permit and the LRRWMO's 3rd Generation Plan and are the minimum standards necessary to do so. Failure to adopt these ordinance amendments may create difficulty for future development projects in obtaining required permits, which may stall or prevent a project from moving forward and could impact projects, including single family home construction, that are currently underway.

The City Council could choose to adopt the proposed ordinance amendments. The need for amending City Code related to stormwater standards can be likened to updating the Zoning Code as a result of a Comprehensive Plan Update. The standards and goals of the MS4 permit program and 3rd Generation Plan (the LRRWMO's 3rd Generation Watershed Management Plan is their equivalent to a Comprehensive Plan) are implemented through the Zoning Code. Adopting these standards ensure the City is in compliance with both.

The Planning Commission recommended that the City Council adopt the proposed ordinance amendments related to stormwater management.

Preparation of the Ordinance is being handled as part of regular Staff duties.

Motion to introduce the Ordinance to amend Subdivision II and add Subdivision III to Chapter 117, Article II, Division of City Code related to stormwater management.