April 10, 2019 CAC packet

Citizen Advisory Committee 7:00 PM, Wednesday, April 10, 2019 – Capitol Region Watershed District 595 Aldine Street, Saint Paul, MN 55104 Agenda

Materials Enclosed

7:00

I)

Welcome, Announcements, Updates, and Introductions

7:05

II)

Public Comment for Issues Not on the Agenda (3 minutes per person)

7:08

III)

Approval of the Agenda

7:09

IV)

Approval of Minutes A) Approval of the March 13, 2019 Minutes

7:10

V)

District Initiatives for Review, Comment and Recommendations A) IDDE Plan (Kelley) B) Rule Revision Update (Kelley) C) Annual Report Update (Bromelkamp) D) Website update (Bromelkamp) E) Watershed Management Plan (Eleria)

8:10

VI)

CAC Initiatives A) CAC Tour (Doneux) B) CAC Officer Elections (Doneux)

8:40

VII)

Project and Program Updates

8:45

VIII) CAC Observer Update

8:50

IX)

Discussion A) New & Old Issues B) CAC Observer for April 17, 2019 and May 1, 2019 Board of Managers Meetings

9:00

X)

Adjourn

Our mission is to protect, manage and improve the water resources of Capitol Region Watershed District.

Citizen Advisory Committee Meeting Wednesday, March 13, 2019, 7:00 p.m.

CAC Members Present: Gwen Willems Bob Simonet David Arbeit Cheryl Braun Mary Lilly Richard Weil Tom Elko Nicole Soderholm

Others Present: Britta Belden, CRWD Belinda Gardner, CRWD Joe Sellner, CRWD Mark Doneux, Administrator Shirley Reider, Board of Managers Dendy Lofton, Limnotech

Members absent: Richard Weil, w/notice Steve Duerre, w/notice Pat Cavanaugh, w/notice Kathryn Swanson, w/notice Mike MacDonald, w/notice Carol Zierman, w/notice Michelle Ulrich, w/notice William Barton, w/notice Welcome, Announcements, and Updates Ms. Willems opened the meeting at 7:05 p.m. Mr. Duerre asked for any announcements or updates and introductions.

III. Approval of Agenda CAC 18-007 Motion: To approve the CAC March 13, 2019 agenda.

Arbeit/Simonet Unanimously approved IV. Approval of Minutes A) March 13, 2019 CAC Meeting Minutes CAC 18-008 Motion: To approve the March 13, 2019 minutes as amended.

Arbeit/Soderholm Unanimously approved

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V. District Initiatives for Review, Comment, and Recommendations A)

Villa Park Analysis (Sellner)

Mr. Sellner presented The Villa Park Wetland report. The Villa Park Wetland system is intended to treat a significant portion of the runoff from the Lake McCarrons watershed. Monitoring data from as early as 2005 indicated that the system was acting as a source of phosphorus rather than trapping it under certain flow conditions. Based on this data, portions of the wetland system were dredged in 2013 to increase its ability to settle and retain sediment and phosphorus.

Mr. Sellner reported on the problems and concerns. Since the dredging project in Villa Park, five years of post-dredging data have been collected. CRWD has evaluated whether dredging resulted in significant improvements to the performance of the Villa Park system. A series of statistical analyses were conducted to evaluate changes in performance as a result of dredging and to characterize the system’s current performance. The results confirmed that, prior to dredging, the wetland system was discharging water with a significantly higher phosphorus concentration than the inflow. In general, dredging had a positive impact on the quality of discharge to McCarrons. However, under certain flow conditions, the system has periods where significant treatment is not occurring. Additionally, the system continues to be a source of orthophosphate during low flow periods. Orthophosphate is a type of phosphorus readily available for use by aquatic plants and algae and could contribute to lower water quality in Lake McCarrons.

There was a discussion about the statistics. Mr. Arbeit asked about conversations post project.

The CAC thanked Mr. Sellner for his presentation.

B)

Como Lake Management Plan (Belden)

Ms. Belden presented on the Como Lake Management Plan. The development of the Como Lake Management Plan has been underway since April 2018. The CRWD Board of Managers and the Citizen Advisory Committee have been involved throughout the development process by providing input and guidance on key deliverables along the way. In addition, two stakeholder groups were established to inform the development of the Como Lake Management Plan—the Agency Advisory Group (AAG) and the Public Advisory Group (PAG). The first meetings for both the AAG and the PAG and were focused on gathering input on Como Lake issues and goals. The second meetings for both groups focused on reviewing potential actions for in-lake management and watershed management to achieve total phosphorus (TP) load reductions in Como Lake. The third and final meetings for both groups will be held the end of March to review the draft Como Lake Management Plan.

Using input from the Board, CAC, AAG, and PAG along with the latest lake management science, staff has worked with LimnoTech to assemble a draft Como Lake Management Plan (CLMP). The draft CLMP details an adaptive management approach for improving Como Lake and meeting the goals identified during the input process. The draft CLMP identifies recommended actions for lake management, watershed management, and community engagement. It also provides an implementation plan that includes schedule, lead agency, costs, and financing.

Mr. Arbeit asked about target reduction and State standards for shallow lakes. Ms. Belden replied that the State standard for watershed is 60% TP load reduction. Mr. Arbeit commented on the cost of the plan. Ms. Belden confirmed what the costs are and the association of the graph. Ms. Belden commented that the CLMP “Our mission is to protect, manage, and improve the water resources of the Capitol Region Watershed District.”

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is an extension of the 2002 plan. Ms. Lofton stated that the management and actions of the lake are better known. Mr. Simonet commented on the health of the lake and asked about water safety. Ms. Belden replied that Como Lake is a shallow lake and is not designated as a swimming lake. Ms. Belden commented that the lake is not tested for bacteria or toxic algae blooms that could be harmful to people. Mr. Arbeit commented that we should know if the lake has been tested and put up signage that warns people of the health of the lake. Mr. Arbeit recommended that we be prepared to answer the questions from anyone who is asking about the safety of recreation on the lake. Ms. Lofton commented that there are EPA standards for Como Lake and that it is listed as impaired for Phosphorus. Ms. Lilly commented that an organizing body should ensure any partner responsible for monitoring speak up and take ownership of the lake. Ms. Soderholm mentioned that it adds to the community managing expectations. Ms. Reider mentioned that we should be aware about our communication and marketing about the word healthy because the word does not mean safe lake to swim. Ms. Willems commented that it would be good to know which individuals will be engaged citizens in making Como Lake healthy. Mr. Arbeit commented on the alum treatment. He said that some people will be concerned about the herbicide treatment. Ms. Belden replied that the goal is to have workshops to create a learning opportunity and conversation about both treatments. Ms. Belden replied that she will speak more about how they made the decision the effectiveness of the treatments.

The CAC thanked Ms. Belden for her presentation.

VI. CAC Initiatives A) Service-Learning Student Update (Lilly) Ms. Lilly provided an update. The student learner, Nat will work on profiles in blog style on the Master Water Stewards (MWS) website with intent to encourage MWS recruiting. Lindsay will identify which MWS she wants to contact and help Nat interview three stewards.

VII. Project and Program Updates None.

VIII. CAC Observer Update Ms. Lilly said she attended the last Board meeting and was impressed by the meeting. She was interested to learn about the permitting program. IDDE plan and Board approved permits. She learned about the project at Allianz field and other educational outreach opportunities. Next MAWD meeting on April 9 and the Clean Water Summit is in May. IX. Discussion a. New & Old Issues b. CAC observer for March 20, 2019 and April 3, 2019 Board of Managers Meeting A) New & Old issues B) CAC Observer for the Board of Managers Meetings March 20, 2019 and April 3, 2019 Pat Cavanaugh volunteered for March 20 Board of Managers meeting.

X. Adjourn CAC 18-009 Motion: To adjourn the March 13, 2019, CAC Meeting. “Our mission is to protect, manage, and improve the water resources of the Capitol Region Watershed District.�

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Braun/Simonet Unanimously approved The meeting was adjourned at 9:15 PM. Respectfully submitted, Belinda Gardner W:\05 Citizen Advisory Committee\Minutes\2018\March 13, 2019 Draft Minutes.doc

“Our mission is to protect, manage, and improve the water resources of the Capitol Region Watershed District.�

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April 10, 2019 CAC Meeting V. District Initiatives A) CRWD IDDE Plan

DATE: TO: FROM: RE:

April 5, 2019 CRWD CAC Forrest Kelley, PE, Regulatory Division Manager Illicit Discharge Detection and Elimination Plan

Background As owner of the Trout Brook Storm Sewer Interceptor, CRWD was first issued a Municipal Separate Storm Sewer System (MS4) Permit in 2006. Minimum Control Measure #3 within the permit requires, CRWD to develop, implement, and enforce a program to identify and eliminate illicit discharges into Trout Brook.

Discussion To date, staff have dealt with illicit discharges as issues have been identified either through our monitoring data, or through complaints. A handful of sampling protocols, report forms, and procedures existed for use as needed, but a clear and repeatable process was not in place to ensure that tracking and reporting of illicit discharges is completed consistently throughout the District and across divisions.

Last summer, CRWD contracted with Young Environmental to create a Plan for CRWD’s Illicit Discharge Detection and Elimination (IDDE) Program. Staff will highlight the main components of the plan, and answer any questions the CAC may have Requested Action For Information enc:

CRWD IDDE Program Plan (electronic only)

W:\07 Programs\Illicit Discharge Program\2018 Program Update\Board Memo Approve IDDE Plan.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District.

Illicit Discharge Detection and Elimination Program February 2019 PREPARED BY: Young Environmental Consulting Group, LLC

DATE: 02/04/2019

CAPITOL REGION WATERSHED DISTRICT — 2019

ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) PROGRAM Capitol Region Watershed District February 2019 Municipal Separate Storm Sewer System (MS4) Owner Capitol Region Watershed District Mailing Address 595 Aldine Street St. Paul, Minnesota 55104 Ramsey County Name of Responsible Official Forrest Kelley, PE; Regulatory Division Manager Telephone number: (651) 644-8888; email address: forrest@capitolregionwd.org

Table of Contents Acronyms and Definitions ............................................................................................................... 5 1

Introduction ............................................................................................................................. 7

2

What is Illicit Discharge?.......................................................................................................... 8

3

4

2.1

Types of Illicit Discharges ................................................................................................ 8

2.2

Mode of Entry ............................................................................................................... 10

Authority and Regulatory Mechanism .................................................................................. 11 3.1

Minnesota MS4 Permit ................................................................................................. 11

3.2

Rule G—Illicit Discharge and Connection ..................................................................... 12

3.3

Trout Brook Interceptor ................................................................................................ 13

Mapping and Inventory ......................................................................................................... 15 4.1

Identify Potential Generating Sites ............................................................................... 15

4.1.1 4.2 5

Desktop Assessment for Locating Potential Generating Sites................................ 15 Regular Review of Available Information ..................................................................... 16

Illicit Discharge Detection Procedure .................................................................................... 16 5.1

Stormwater Monitoring Program Detection ................................................................ 16

5.1.1

Field Reconnaissance Preparation, Inspection, and Monitoring ............................ 20

5.1.1.1

Pre-Inspection Preparation ............................................................................. 20

5.1.1.2

Inspection and Monitoring .............................................................................. 22

5.1.1.3

Evaluate Results from Data Analyzed .............................................................. 24

Source Tracing, Tracking and Corrective Actions .................................................................. 27 IDDE Program

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5.1.1.4

6

Tracing Techniques .......................................................................................... 27

5.1.2

Tracking and Corrective Action ............................................................................... 27

5.1.3

Compliance Monitoring .......................................................................................... 28

Prevention and Elimination ................................................................................................... 29 6.1

Elimination .................................................................................................................... 29

6.2

Preventing Illegal Dumping ........................................................................................... 29

7

Training .................................................................................................................................. 31

8

Safety ..................................................................................................................................... 31

9

Evaluation .............................................................................................................................. 33

10

Future Recommended Actions ......................................................................................... 33

11

References ........................................................................................................................ 34

Tables Table 2-1. Land Uses, Likely Locations, and Activities That Can Produce Transitory or Intermittent Illicit Discharges ......................................................................................................... 9 Table 2-2. Land Uses and Activities that can Produce Continuous Illicit Discharges ................... 10 Table 5-1. Suspected Illicit Discharge Source Table...................................................................... 24

Figures Figure 3-1. Trout Brook Interceptor System (CRWD, 2018) ......................................................... 14 Figure 5-1. CRWD Stormwater Monitoring Program Illicit Discharge Detection Response Flowchart ...................................................................................................................................... 18 Figure 5-2. Suspected Discharge Source Flowchart (CWP & Pitt, 2004) ...................................... 26 Figure 8-1. CRWD Emergency Action Plan, Emergency, Notification Flowchart .......................... 32 IDDE Program

Page 3 of 41

List of Appendices Appendix A: Capitol Region Watershed District: Rule G—Illicit Discharge and Connection ........ 36 Appendix B: Summary Center for Watershed Protection Desktop Assessment for Locating Potential Generating Sites ............................................................................................................ 37 Appendix C: Capitol Region Watershed District: Storm Sewer System Observation Field Sheet 38 Appendix D: Illicit Discharge Documentation Tracking ................................................................ 39 Appendix E: Illicit Discharge Detection and Elimination Sample Outreach Materials ................. 40 Appendix F: Illicit Discharge Detection and Elimination Program Evaluation Questionnaire ...... 41

IDDE Program

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Acronyms and Definitions BMP: Best management practice CRWD: Capitol Region Watershed District or District CWA: Clean Water Act CWP: Center for Watershed Protection GIS: Geographic Information Systems IDDE: Illicit discharge detection and elimination Illicit Discharge: Any unpermitted direct or indirect non-stormwater discharge to the storm drain system, except as exempted below and in Paragraph 5 of Rule G. • Exemption: Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated—typically less than one part per million chlorine), firefighting activities, street wash water, and any other water source not containing pollutants.

• Pollutants are anything that causes or contributes to pollution. Pollutants may include but are not limited to paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid, solid wastes, and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform, and pathogens; dissolved and particulate metals; animal waste; waste and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Illicit Discharge Frequency: Discharges can be classified into three categories that describe how often they occur: a. Continuous: discharges that occur most of the time. b. Intermittent: discharges that occur over a few hours a day or a few days a year. c. Transitory: discharges that occur rarely and usually occur due to a singular event; transitory discharges are the hardest to detect.

MPCA: Minnesota Pollution Control Agency IDDE Program

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MS4: The Municipal Separate Storm Sewer System is a conveyance or system of conveyances (roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, etc.) that is also the following: •

• • •

owned or operated by a public entity (which can include cities, townships, counties, military bases, hospitals, prison complexes, highway departments, universities, etc.) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law, such as a sewer district, flood control district, drainage districts, or similar entities; a Native American tribe or an authorized Native American tribal organization; or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States. designed or used for collecting or conveying stormwater. not a combined sewer. not part of publicly owned treatment works.

NPDES: National Pollutant Discharge Elimination System Potential generating site: areas that have a high probability of producing and/or contributing illicit discharges because of land use or business practices.

SWPPP: Stormwater Pollution Prevention Program

IDDE Program

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1 Introduction The Municipal Separate Storm Sewer System (MS4) permit of the National Pollutant Discharge Elimination System (NPDES) program is implemented by the Environmental Protection Agency and administered by the Minnesota Pollution Control Agency (MPCA) and regulates stormwater discharge from municipal sources. In 1990, Phase I of the MS4 permit was promulgated, requiring medium and large cities and counties with populations of 100,000 people or more to comply with its requirements. In 1999, Phase II of the MS4 permit was promulgated, requiring “small MS4s” to comply. Small MS4s were defined as urbanized areas and nontraditional entities, such as public universities, departments of transportation, hospitals, and prisons.

Watershed districts, including the Capitol Region Watershed District (CRWD or District), that own and operate a conveyance or systems of conveyances are small MS4s.

To comply with the MS4 permit, the CRWD and other small MS4s must obtain permit coverage by completing the permit application and developing, implementing, and enforcing a stormwater pollution prevention program (SWPPP) designed to reduce the discharge of pollutants to the maximum extent practicable, protect water quality, and satisfy the applicable water quality requirements of the Clean Water Act (CWA). The MS4 permit requires the SWPPP to include the following six minimum control measures: • • • • • •

public education and outreach public involvement and participation illicit discharge detection and elimination (IDDE) construction site stormwater runoff control post-construction stormwater management pollution prevention/good housekeeping for municipal operations

All the requirements of CRWD’s SWPPP have been developed and are being implemented and enforced. In March 2013, the MPCA conducted an audit of the District’s IDDE program. The MPCA recognized the robustness of the District’s program and encouraged it to focus on pollution prevention, potential generation site identification, and education and outreach. The MPCA audit and organizational changes at the District facilitated the review and subsequent updates to the IDDE program protocols and strategies.

The IDDE program that follows is the result of an internal assessment by the District and course corrections that were recommended by the District’s retained consultant and approved by its staff and Board of Managers. It defines illicit discharge and presents a process for identifying potential generation sites, a means for tracking and documenting suspected illicit discharges, and ways of engaging and educating residents and businesses about preventing pollution from entering municipal stormwater conveyance systems.

IDDE Program

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2 What is Illicit Discharge?

For the purposes of CRWD’s IDDE program, illicit discharge will be defined as follows: Any unpermitted direct or indirect non-stormwater discharge to the storm drain system, except as exempted below and in Paragraph 5 of CRWD Rules, Rule G. Exemption: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated—typically less than one part water per million chlorine), firefighting activities, street wash water, and any other water source not containing pollutants.

Pollutants are anything that causes or contributes to pollution including but not limited to paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid, solid wastes, and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform, and pathogens; dissolved and particulate metals; animal waste; waste and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

2.1 Types of Illicit Discharges Land use can predict the potential of these discharges. By understanding the possible discharges emanating from land use activities, CRWD staff can identify illicit discharges and their potential sources. Illicit discharges can be divided into three categories based on their frequency of discharge, as described below. Land uses and likely sources for transitory and intermittent discharges are presented in Table 2-1, and continuous illicit discharges are presented in Table 2-2.

Transitory illicit discharge: These discharges are typically a one-time event. They can result from spills, dumping, and line breaks. These types of discharges are often the most difficult to investigate and trace back to their source. Methods for reducing this type of discharge are to prevent them from occurring in the first place by educating the public on stormwater and illicit discharges, establishing a “hotline” telephone number for the public to call if any discharges are observed, and investigating potential sources of illicit discharges and recommending prevention strategies.

Intermittent illicit discharge: These discharges typically occur occasionally. They can occur several hours per day, per week, or over the course of a year. They can happen as the result of IDDE Program Page 8 of 41

line breaks or cross connections. Methods for reducing this type of discharge are education, a stormwater hotline, and investigation/enforcement.

Table 2-1. Land Uses, Likely Locations, and Activities That Can Produce Transitory or Intermittent Illicit Discharges

Land Use

Residential

Likely Source Locations · Multifamily · Duplex

· Single family

· Campgrounds/RV parks · Car dealers/rental car co. · Car washes · Commercial laundry · Gas stations/auto repair

shops

Commercial

· Marinas · Carpet cleaners · Mobile food vendors · Nurseries and garden centers · Oil change shops · Restaurants · Swimming pools · Service garages · Auto recyclers · Beverages and brewing · Construction vehicle

washouts

Industrial

· Distribution centers · Food processing · Garbage truck washouts · Marinas, boat building, and

Condition/Activity That Produces Discharge · Car washing, exempt · Driveway cleaning · Dumping/spills · Equipment wash-downs · Lawn/landscape watering, exempt · Swimming pool discharges, exempt, if dechlorinated · Laundry wastewater · Improper plumbing (garage floor drains) · Building maintenance (power-washing) · Dumping/spills · Landscaping/grounds care (irrigation), exempt · Outdoor fluid storage · Parking lot maintenance (power washing) · Vehicle fueling · Vehicle maintenance/repair · Vehicle washing · Wash-down of greasy equipment and grease traps

· All commercial activities · Industrial process water or rinse water · Loading and unloading area wash-downs · Outdoor material storage (fluids)

repairs

· Metal plating operations · Paper and wood products · Petroleum storage and

refining

Municipal IDDE Program

· Printing · Airports · Landfills · Maintenance depots

· Building maintenance (power washing) · Dumping/spills · Landscaping/grounds care (irrigation),

· Municipal fleet storage areas

· Outdoor fluid storage

exempt

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Land Use

Likely Source Locations · Ports · Public works yards · Streets and highways · Golf courses · Other county facilities

Condition/Activity That Produces Discharge · Parking lot maintenance (power washing) · Road maintenance · Emergency response · Vehicle fueling · Vehicle maintenance/repair · Vehicle washing

Continuous illicit discharge: These direct connections into the MS4 can be sourced to sanitary sewers, cross connections, infrastructure problems with a sanitary sewer system, or malfunctioning household septic systems. This type of discharge is more straightforward in terms of finding, investigating, tracing, and eliminating from the MS4. These types of discharges also have the greatest impact because of the constant loading of pollutants into a water body.

Table 2-2. Land Uses and Activities that can Produce Continuous Illicit Discharges

Land Use Residential

Condition or Activity That Produces Discharge · Failed sanitary sewer infiltrating into storm drain · Sanitary sewer connection into storm drain · Failed septic systems discharging into storm drain system (none in CRWD)

Commercial/industrial

· Failed sanitary sewer infiltrating into storm drain · Process water connections into storm drain · Sanitary sewer connection into storm drain

Municipal

· Failed sanitary sewer infiltrating into storm drain · Sanitary sewer connection into storm drain

2.2 Mode of Entry Illicit discharges have direct and indirect modes of entering the storm drain system, which are described below.

Direct entry means the discharge is directly connected to the storm drain pipe system via a pipe. This type of entry will produce discharges that are either continuous or intermittent.

Direct entry usually occurs when there are sewage cross-connections or where there are industrial and commercial cross-connections.

IDDE Program

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Indirect entry means flows that are generated outside the storm drain system and enter through storm drain inlets or by infiltrating through the joints of the pipe. Generally, indirect modes of entry produce intermittent or transitory discharges. This type of entry can be through spills, dumping, or outdoor washing activities that reach the storm drain system.

Understanding illicit discharges, their causes, and how they enter storm drain systems is vital to developing and implementing a program that effectively addresses these discharges.

3 Authority and Regulatory Mechanism 3.1 Minnesota MS4 Permit The Minnesota MS4 permit, Permit MNR040000, is administered by the MPCA. The permit allows the owner/operator of an MS4 to discharge stormwater and certain non-stormwater discharges into the waters of the state. The permit complies with requirements established by the CWA, Minnesota Statutes Chapters 115 and 116, and Minnesota Rules Chapters 7001 and 7090. Specific to the IDDE program, Permit MNR040000 lays out the following requirements of minimum control measures (MCM) #3 that each MS4 must meet to comply: • • • • • •

Develop a map of the MS4 that includes all pipes 12 inches in diameter or larger, all outfalls with a unique identifier, and structural stormwater best management practices (BMPs) that are part of the MS4 and all receiving waters.

Maintain regulatory mechanisms that prohibit illicit discharges.

Incorporate illicit discharge detection into all inspection and maintenance activities.

These inspections should occur during dry periods (periods of at least 72 hours with no precipitation).

Facilitate visual inspections that detect and track source(s) of illicit discharges.

Conduct training of all staff, specifically field staff, on illicit discharge recognition and reporting.

Implement a process for the following: o identifying potential generating sites in the District o investigating, locating, and eliminating illicit discharges o responding to spills, emergency response procedures, and the elimination of illicit discharges o documenting and reporting the date and location of IDDE inspections, reports of illicit discharges received, and dates of discovery for all illicit discharges o identifying outfalls or other areas where illicit discharges have been discovered, the sources of illicit discharges, and actions taken to address discovered illicit discharges

IDDE Program

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These requirements form the foundational elements of this IDDE program and are addressed in subsequent sections.

3.2 Rule G—Illicit Discharge and Connection Regulatory authority is granted to the District through Minnesota Statutes 103B and 103D and Minnesota Rule 8410, and the requirements of the MS4 permit are that the District enact a regulatory mechanism to enforce MCMs, including the IDDE program or MCM #3. Through its rule-making authority, which included a public input process, the District on September 6, 2006, adopted Rule G—Illicit Discharge and Connection regulating all water entering the storm drain system of the District’s MS4 (or Trout Brook) generated on any developed or undeveloped land unless explicitly exempted by the District. It was revised April 1, 2015. A copy of the rule including definitions and a listing of discharges specifically or conditionally allowed is included in Appendix A. Specific text from Rule G—Illicit Discharge and Connection is shown below: 1. POLICY. It is the policy of the Board of Managers to: a) Regulate the contribution of pollutants to the District’s municipal separate storm sewer system (MS4) by any user; b) Prohibit Illicit Connections and Discharges to the District’s MS4; c) Establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Rule; d) Require a District permit for new direct connections, significant changes to existing hydrology, and other impacts related to the proper function, access, and maintenance to the District’s MS4 or easements; e) Not allow new direct connections or other impacts to the Trout Brook Interceptor or other components of the District’s MS4 if the connection will cause or exacerbate water conveyance, or structural problems in the system, including but not limited to surcharging and flooding.

2. REGULATION. This Rule shall apply to all water entering the storm drain system of the District’s MS4 generated on any developed and undeveloped lands unless explicitly exempted by the District. A permit and stormwater management plan is required under this rule for new direct connections, replacement of existing connections, changes to existing hydrology, or other impacts to the Trout Brook Interceptor, the District’s MS4, or its easements.

3. (b) Discharge Prohibitions.

(1) Prohibition of Illegal Discharges. No person or political subdivision shall discharge or cause to be discharged into the municipal storm drain system or IDDE Program

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watercourses any materials, including but not limited to pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

(2) Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system without a District permit is prohibited. i. 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. ii. A person is considered to be in violation of this rule if the person connects a line conveying sewage to the District’s MS4 or allows such a connection to continue.

3.3 Trout Brook Interceptor Trout Brook is the largest subwatershed in the CRWD, draining 8,000 acres of mixed residential, industrial, and commercial land uses from the cities of Roseville, Falcon Heights, Maplewood, and Saint Paul and receiving water inputs from the Como Lake and Lake McCarrons subwatersheds (Figure 3-1). Trout Brook consists of 6.5 miles of pipes and tunnels that have diameters of 6–13 feet. It connects to the city of Saint Paul’s trunk sewer, which then discharges into the Mississippi River just downstream of Lambert’s Landing.

Trout Brook was constructed between the 1880s and 1950s and served as a combined sanitary and storm sewer. In 1988, the combined system was separated, and the Trout Brook Sanitary Interceptor was constructed nearly parallel to the old Trout Brook sewer to carry only wastewater to the Metropolitan Council Environmental Services Wastewater Treatment Plant.

The old Trout Brook sewer remained a storm sewer owned and maintained by the Metropolitan Council until the parallel system was completed and transferred to the District in 2006. Upon acquiring Trout Brook, the District became subject to the CWA Phase II MS4 stormwater requirements.

Because District staff perform their normal duties within the watershed, they are often best positioned to investigate illicit discharges. As a result, the District is exploring agreements with other MS4s within its jurisdiction to actively locate and inspect potential generating sites and address illicit discharge and nuisance concerns. These agreements will, at a minimum, identify points of contact for specific activities in each MS4; delineate responsibilities for sampling, tracking, and enforcement activities; and highlight financial obligations, if applicable.

IDDE Program

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MCCARRONS LAKE

ROSEVILLE

MAPLEWOOD

COMO

TROUT BROOK

PHALEN CREEK

ST. PAUL

ST. ANTHONY HILL

URBAN

URBAN DOWNTOWN Copyright nearmap 2015

0

0.25

0.5

1

Miles

I

Capitol Region Watershed District

Capitol Region Watershed District Subwatersheds Cities

Trout Brook

4 Mapping and Inventory The inventorying of all pipes 12 inches in diameter or greater, assigning a unique identifier to the Trout Brook outfall, and mapping the entire storm sewer system has been completed by the District. The District manages its mapping through an online web-based tool (MS4 web-based tool). Maintenance and enhancements of the tool are required and recommended to help the District maintain a current map and identify potential illicit discharge generating sites, as described below.

4.1 Identify Potential Generating Sites Potential generating sites are areas within the District that have a high probability of contributing illicit discharges to Trout Brook and other storm sewer systems because of previous land use or business practices. Identifying these locations is an important part of the District’s efforts to effectively detect illicit discharges. These common areas, listed below, can be located using the District’s MS4 web-based tool:      

existing and past commercial and industrial areas older areas of cities areas that have received complaints in the past areas that have illicit discharges detected through monitoring activities places that store large quantities of materials that could result in spills outfalls

4.1.1 Desktop Assessment for Locating Potential Generating Sites The simple desktop assessment method (method) described by the Center for Watershed Protection (CWP) for identifying potential generating sites is a great process for the District to integrate into the IDDE Program. This comprehensive approach, as presented in the CWP Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments and summarized in Appendix B (CWP & Pitt, 2004), is a recommended future activity necessary to proactively identify potential generating sites.

The method, which uses mapping and other available data to determine the potential severity of illicit discharges within subwatersheds, involves the following five elements: 1. delineates subwatersheds or other drainage units (sewersheds or catchment areas) within the District 2. compiles available mapping and data for each drainage unit (e.g., land use, age, outfalls, and infrastructure history) 3. derives subwatershed discharge screening factors, as defined below, using Geographic Information Systems (GIS) analysis IDDE Program Page 15 of 41

4. screens and ranks illicit discharge potential at the subwatershed and community levels 5. generates maps to support field investigations

4.2 Regular Review of Available Information Every two years, the District gathers GIS-compatible information from municipalities, Ramsey County, agencies with the state of Minnesota and the federal government, and third-party organizations. The data collected are reviewed by a qualified GIS analyst, and the MS4 webbased tool is updated to reflect new information. All changes must be approved by the District’s Regulatory Division Manager.

5 Illicit Discharge Detection Procedure Potential illicit discharges can be identified using the desktop assessment process (see Section 4) and through regular monitoring activities and, scheduled inspection or reports from staff, local partners, or the public. The District has divided its program into three categories, associated with detection and reporting streams:   

Stormwater monitoring program detection Construction site inspection detection Public, local partners, or staff reporting

When a potential illicit discharge is identified or reported, District staff are responsible for the process outlined below and by conducting a follow-up investigation (e.g., site inspection, review of mapping information, review of past complaints, or investigations at the location). While there are slight variations in the protocol for each category, the general process outline below applies to each category and should be followed.

The District does not have a complaint hotline but should assess the need for it over the next 6 to 12 months following the steps outlined by the CWP.

5.1 Stormwater Monitoring Program Detection CRWD staff conduct water quality monitoring activities regularly throughout the watershed.

During those activities, if illicit discharge is suspected, the CRWD Stormwater Monitoring Program Illicit Discharge Detection Response Flowchart (Figure 5-1) and the associated procedure outlined below should be followed.

1. Obtain the following information by creating a new IDDE report in the IDDE Database Module: o name, agency (if applicable), contact information of person reporting the illicit discharge or spill; anonymous reports are acceptable o date and time of first and subsequent observations of the illicit discharge/spill; does it still exist?

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o whether it is a continuous or intermittent issue o exact location of the illicit discharge/spill; if possible, provide street address, nearest cross streets, landmarks, etc. o characteristics of the problem including appearance (color, clarity), smell (sewage, petroleum, sulfide), floatables (trash, sewage, dead fish), and size o any photos available of problem 2. Record the name of the District staff receiving the incident report: o CRWD staff person receiving the illicit discharge/spill report o date and time of report

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Figure 5-1. CRWD Stormwater Monitoring Program Illicit Discharge Detection Response Flowchart

Illicit discharge suspected in sewer or outfall through routine baseline monitoring

Create a new IDDE database module report

Use the MS4 web-based tool to determine the subwatershed, potential source and discharge location

Notify Regulatory Division Manager, City Representative and other interested parties

Complete reconnaissance field inspection and monitoring

Is the Discharge Illicit?

Yes Was the illicit discharge source revealed?

No

Select and conduct source tracking technique in partnership with city representative and suspected property owner(s)

Yes Issue notice of violation and correction action to responsible party

Repeat reconnaissance and field inspection and monitoring to verify discharge is been eliminated

Issue 2nd Notice of Violation

Begin CRWD enforcement action per Rule H

No

Has the illicit discharge been eliminated?

Yes Complete documentation

Close out the IDDE database module report

Identify source of Illicit discharge

No

3. Review the MS4 web-based tool to find the subwatershed and discharge location and preliminarily locate the potential discharge source.

4. Check on whether the site has a CRWD or MPCA permit to discharge.

5. Notify Forrest Kelley or the District Regulatory Division Manager about the suspected illicit discharge for tracking purposes and to obtain approval to conduct field investigatory activities.

6. Notify the appropriate city representative: o City of Falcon Heights Public Works •

Tim Pittman, Director: 651-792-7618

•

Dave Tretsven, Maintenance: 651-792-7619

o City of Maplewood Public Works •

Steve Love, Director: 651-249-2420

•

Bob Running, Storm Sewer Maintenance Crew Chief: 651-249-2421

o City of Roseville Public Works •

Ryan Johnson, Environmental Specialist: 651-792-7041

•

Paul Coone, Utilities Superintendent: 651-792-7053

o City of St. Paul Public Works Sewer Utility •

Aaron Hass, Sewer Engineer – 651-266-6171

•

Bruce Elder, Sewer Utility Manager: 651-266-6234

•

If no one can be reached, call the City’s PW general line: 651-266-9850

o City of Lauderdale •

Heather Butkowski, City Administrator: 651-792-7656

7. Coordinate with Forrest Kelley or District Regulatory Division Manager on the following notifications and to determine if immediate action is required: o Minnesota Duty Officer at 800-422-0798 or 651-649-5451 to request state assistance or to report a petroleum or hazardous material spill. o Minnesota Pollution Control Agency, Emergency Management Unit: 800-657-3864 or 651-296-6300 8. Conduct field reconnaissance, document observations, and collect and analyze samples taken as outlined below.

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5.1.1 Field Reconnaissance Preparation, Inspection, and Monitoring Once potential generating sites have been identified, those locations and incidents reported or reviewed by District staff must be investigated. District staff should conduct field reconnaissance inspections to verify. Reconnaissance activities supplement current monitoring activities and will be conducted with the explicit intent of identifying or verifying illicit discharges. Information will be gathered during the reconnaissance through visual inspection and water sampling and analysis (where applicable), as described below. The data will be used to update the MS4 web-based tool and the IDDE Database Module and to determine next steps, if illicit discharges are observed. The following sections outline activities to be conducted before, during, and after the reconnaissance activities.

5.1.1.1 Pre-Inspection Preparation 1. Gather necessary mapping and equipment, review locations, and generate the mobile inspection form and the IDDE Database Module. o Field crews of at least two people are required per the CRWD Safety Program. o Maps of high and medium IDP sites and potential illicit discharge incident(s) reported will be used to direct field reconnaissance activity logistics. o Equipment: •

CRWD Storm Sewer System Field Observation Sheet (Field Observation Sheet in Appendix C)

•

Clipboard

•

Sharpies

•

Pens

•

Field notebook and pencil

•

Flashlight or headlamp

•

Spray paint or another marker

•

Safety gear—vest, hard hat, cones

•

Metropolitan Council lab sheet

•

Toolbox

•

Backpack equipment: o ISCO connection cords

•

Sampling equipment: o E. coli grab sampler

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o 4,000 mL grab sampler and rope o 4,000 mL bottles labeled for each site to be sampled  With two extra bottles o Whirlpaks labeled E. coli for each site  With three (3) to four (4) extra whirlpaks o Large coolers for 4,000 mL samples o Small coolers with ice for E. coli samples o T-wrench for vault doors at Trout Brook—East Branch, Trout Brook— West Branch, and Trout Brook Outlet (if needed) o Manhole hook for Phalen (if needed) o Nonlatex disposable gloves: Gloves must be worn, especially when handling illicit discharges that may have high bacteria levels—both for staff protection and prevention of sample contamination.

•

Record maintenance equipment: o Laptop o Waterproof camera o iPad or other mobile device

•

Miscellaneous items: o Toolbox o M1 lock key (in truck glove box)

2. Determine when to conduct field reconnaissance. o Conduct reconnaissance activities 72 hours after a precipitation event or within 24 hours of potential illicit discharge incident report. o Develop routes based on maximum efficiency.

3. On the day field reconnaissance will be conducted, before leaving the CRWD: o Notify Met Council at 651-602-8293 that samples will be delivered that day. Advise their staff of the following: • • •

IDDE Program

the number of full water quality samples to be submitted. the number of E. coli samples to be submitted. the number of any additional tests to be performed. Assuming E. Coli, conductivity, pH, temperature, total chlorine/fluoride are part of the regular assortment of parameters sampled or field collected, Met Council should be Page 21 of 41

•

notified that the following indicator parameters should be tested: ammonia, surfactants, potassium, and fluoride. the approximate time of arrival to the Met Council (E. coli samples must be dropped off no later than 1 p.m.).

o Each of the two staff members will check over the equipment list before leaving the office.

5.1.1.2 Inspection and Monitoring Visual inspection of stormwater drainage system and other identified/reported locations is critical to detecting areas of obvious pollution or non-stormwater discharges. Inspections can locate potential problem areas without the need for in-depth laboratory analysis. Potential problem discharges can be identified in sewer systems that are flowing during dry weather (potential illicit connection) or have high turbidity, strong odors, or unusual colors.

Follow the procedure below and complete the Field Observation Sheet.

1. Perform all regularly scheduled site visit procedures. If illicit discharge is witnessed or was reported at the site, the following procedure outlines the sampling procedure and additional actions taken in the field.

2. Call the CRWD office and notify them of the situation. o If the source of the discharge is obvious, such as construction site discharge (examples would be the appearance of trash, construction wastes, vehicle-tracked sediment, concrete/paint/stucco washout, or the appearance of a sheen near the vehicle parking area), sampling for additional constituents will not be required. o However, if the source is unknown such as the appearance of dry weather flow, and there has been no reported drinking water line breaks or observed fire hydrant flushing, lawn irrigation, swimming pool discharge, or other exempted discharges, the following constituents should be sampled in addition to E. Coli.: ammonia, surfactants, potassium, and fluoride. o If staff encounters a transitory discharge, such as a liquid or oil spill, during inspection activities, the problem should be immediately referred to the appropriate agency or response contractor for cleanup.

3. Record the sample date and time on the sample bottles, whirlpak, and in the mobile inspection form and IDDE Database Module. Ensure all sample dates and times are the same for the sampling event.

4. Gain access to the sampling site, if needed. Open the manhole using the manhole hook or open the vault doors using a T-wrench, if needed.

5. East Kittson requires confined space entry to access the sample water in winter months.

Follow the “Confined Space Entry SOP� for more information.

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6. Lower the large 4,000-mL sampler using a rope into the water. Lift the sampler with the water back to the surface, swirl the water inside the sampler, and dump the water outside the sample site. Repeat this step twice for a total of three rinses of the sampler.

7. Lower the large 4,000-mL sampler into the water to retrieve a water sample. Pour the water into each of the large sample bottles needed for the site. Secure the sample bottle lids and place the samples in the large coolers.

8. Wear gloves and attach the appropriate E. coli bag to the E. coli sampler. Ensure your fingers do not touch the inside of the whirlpak bag as this can contaminate the sample.

Lower the E. coli bag into the water making sure that the inside of the bag does not touch the manhole or scrape the bottom of the storm sewer. Retrieve the sample. The water level inside the bag should be above the white line on the whirlpak. If the water level is not above the white line, then try again. This can take several attempts. Once enough sample is retrieved, secure the whirlpak, check to make sure the bag is not leaking, and place inside a small cooler.

9. Place both the E. coli sample and full water quality sample in the appropriate coolers with ice.

10. Take pictures of the illicit discharge.

11. Secure the manhole, vault door, or grate if needed.

12. Check that the sample dates and times are the same on the sample bottles, lab sheets, and in the laptop.

13. Check the site for any remaining equipment.

Before returning to CRWD: 1. E. coli samples only have a 4-hour hold time. Met Council samples must be taken immediately to the lab for analysis. Any full water quality samples to be analyzed by the Met Council can be dropped off at this time. Make a copy of the lab form, leave one with the samples, and return the other to the office. Grab clean 4,000-mL bottles if needed. (see “Metropolitan Council Lab Procedures SOP�).

At CRWD: 1. Unload the equipment and place samples in the shop refrigerator, if not immediately delivering to the lab.

2. Notify the Regulatory Division Manager and Trout Brook Interceptor (TBI) project manager of the illicit discharge and provide link to the storm sewer observation forms and photos.

3. Check over the field notes and sample times on the mobile inspection form and IDDE database.

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o Advise technicians of any problems that occurred in the field.

4. Finalize the Field Observation Sheet and update the MS4 web-based tool and IDDE Database Module noting any needed repairs and follow-up courses of action.

The Field Observation Sheet provides a record of each site visit and must be filled out in the field for all locations inspected. If a site cannot be inspected, field crews shall record an explanation of the circumstances on the form. Inlets, manholes, or other drainage features that are greater than 50% filled with sediment or debris should be flagged. Flagged forms will be considered by the District’s Regulatory Division Manager and corrective maintenance coordinated with city representatives on an as-needed basis. These maintenance requests and corrections will be tracked by the District’s Regulatory Division Manager in the IDDE Database Module. Again, field staff must turn in completed forms daily for making updates to the MS4 web-based tool and to records in the IDDE Database Module.

5.1.1.3 Evaluate Results from Data Analyzed Where flow is detected and sampled, results for the parameters listed below should be considered using the Suspected Discharge Source Table and Flowchart (Table 5-1 and Figure 52), to determine its source. If illicit discharge is suspected, and the additional constituents sampled are not likely natural water sources, the source tracing, tracking, and reporting process, outlined in the next section, should be followed.

Table 5-1. Suspected Illicit Discharge Source Table

Parameter Conductivity pH

Field or Lab Test Field Field

Temperature

Field

Ammonia

Lab

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Indicator Dissolved solids Extreme pH values (high or low) may indicate commercial or industrial flows.

Not useful in determining the presence of sanitary wastewater (tends to have a neutral pH like uncontaminated base flows).

Sanitary wastewater and industrial cooling water can substantially influence outfall discharge temperatures.

High levels can be an indicator of the presence of sanitary wastewater

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Parameter Surfactants Total Chloride

Field or Lab Test Lab Field

Indicator Detergent

Used to indicate inflow from potable water sources.

Not a good indicator of sanitary wastewater because chlorine will not exist in a “free� state in water for long (it will combine with organic compounds).

Potassium

Lab

High levels may indicate the presence of sanitary wastewater.

Bacteria

Lab

Sanitary wastewater or septic systems.

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Figure 5-2. Suspected Discharge Source Flowchart (CWP & Pitt, 2004)

Sample analyzed by the Metropolitan Council Lab

Is E. Coli >12,000 MPN/100 mL?

Possible sanitary wastewater contamination

Yes

Yes No

Is Surfactant >0.25 mg/L?

Yes

Is the Ammonia/Potassium ratio >1.0?

No No Possible wash water contamination

Likely natural water source

No

Is Fluoride >0.25 mg/L?

Yes

Likely tap and/or irrigation water source

Go to Figure 5-1: Issue notice of violation and correction action to responsible party step

Source Tracing, Tracking and Corrective Actions Once these locations are determined to have an illicit discharge, the next step is to start the tracing protocol to determine the source of the illicit discharge. Tracing protocol should only be considered if the sampled analysis does not yield obvious sources.

5.1.1.4 Tracing Techniques There are several different techniques that can be used to trace the sources of an illicit discharge, such as: • • • • •

Indicator Monitoring/Sampling Optical Brightener Monitoring (OBM) Traps Dye Testing Video Inspection Smoke Testing

The Regulatory Division Manager, city representative, and/or contractor must discuss each technique and fully consider the pros and cons of each before one is selected and implemented. See the CWP IDDE Manual for more information about each technique.

5.1.2 Tracking and Corrective Action Once the source of an illicit discharge has been identified, the Regulatory Division Manager and city representative should notify the property owner or operator of the problem site and provide the appropriate educational materials as well as copies of Rule G and the city’s IDDE ordinance. This is an important first step in the corrective action process.

The Regulatory Division Manager or designee will complete the IDDE Documentation Tracking Form (see Appendix D) or the IDDE Database Module to document the findings and begin working through the corrective action. The preferred approach to address illicit discharge problems is to pursue voluntary compliance through education. Often, business operators and property owners are not aware of the existence of illicit connections or activities on their properties that may create an illegal discharge. In these cases, providing the responsible party with information about the connection or operation, the environmental consequences, and suggestions on how to remedy the problem may be enough to secure voluntary compliance.

Education begins during the field reconnaissance when the operation or connection is first confirmed. Property owners and operators should be notified that the problems must be corrected in a timely manner and that the District will be conducting a follow-up site visit to verify compliance. Field staff should also provide the property operator with an educational brochure describing illicit discharge violations and copies of Rule G and applicable city codes.

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Field staff should also remind property owners of their obligation to report discharges to the proper agencies.

When voluntary compliance does not produce the desired result, the District will implement enforcement as outline in Rule G, Section 3(h)—Enforcement (Appendix A).

5.1.3 Compliance Monitoring Within 30 – 90 days following notification of compliance, that District will repeat the inspection and monitoring step as outlined in Section 5.1.1.2 for compliance verification.

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6 Prevention and Elimination 6.1 Elimination Developing and implementing an effective IDDE program requires the successful removal of an illicit discharge after it is detected and located. The District has adopted Rule G to address discharges to Trout Brook or other MS4s within its jurisdiction, as required by the MS4 permit.

Once an illicit discharge has been identified and the source tracked and confirmed, the next step is to determine who is responsible for the removal of the discharge. The District may have one of the following roles; they may act as the conduit and forward potential illicit discharge reports to the appropriate city representative or address the reported potential illicit discharge and proactively identify potential generating sites.

If the illicit discharge originates from outside of the District’s boundary, it is important to notify the District/jurisdiction where the discharge is originating. This should be done first with a phone call and followed up with a written communication (letter or email), so documentation can be recorded and tracked. The written communication should include where the illicit discharge was detected and to where it was traced. Keep records of actions taken and ask the neighboring community/jurisdiction to inform you when the correction has been made. Include all documentation within the District’s SWPPP annual report.

6.2 Preventing Illegal Dumping One source of illicit discharge to a MS4 system is illegal dumping. This is often difficult to identify and locate. Because of the potential problem this type of discharge presents, it is important to consider illegal dumping as a potential illicit discharge source. Strategies for preventing illegal dumping include the following: •

Site maintenance and controls: This includes cleaning areas where illegal dumping has occurred and using specific controls to prevent further dumping. These controls can include signage or restricting access to the area.

•

Targeted enforcement: Use an ordinance (and Rule G) that prohibits illegal dumping.

•

Public education and outreach: Public education and outreach is vital to any successful IDDE program. This includes a variety of programs that can assist the District in meeting its requirements under this component of the Phase II permit. o Educate District personnel, field staff, and the general public about water quality issues and how illegal dumping has a direct impact on these water quality issues. The training should include the following: •

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what constitutes an illicit discharge and how to identify it Page 29 of 41

• • • • •

what information needs to be documented when a third party reports an illicit discharge inspection, monitoring, and response procedures use of the electronic report for tracking illicit discharges what information needs to be collected in the field to properly document an illicit discharge who needs to be contacted when an illicit discharge is detected

o Educate the public about the proper ways to dispose of waste. o Provide a way for citizens to get involved in reporting and preventing illegal dumping, such as storm drain marking that indicates, “No dumping—drains directly to river, creek, lake, wetland, or other water body.” o Develop materials/brochures for the public and businesses. The recipients should include businesses that handle hazardous materials as well as restaurants, auto repair shops, and other businesses that may have an impact on possible sources of an illicit discharge. Example materials are in Appendix E for consideration.

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7 Training The District’s Regulatory Division Manager shall be responsible for arranging IDDE training for District staff. Training shall be conducted on a regular basis and during orientation for new staff.

At a minimum, training should consist of personnel reviewing the IDDE guidance provided in this document and forms presented in the appendices and the District’s safety procedures. Staff travelling within the watershed or performing regular monitoring or inspection activities and other field investigations should be alert in their daily routines, watching for evidence of illicit discharges or unusual flows to and from the storm drain systems. Should a suspected discharge be discovered, it must be documented as outlined in Section 5 and the immediate supervisor and others notified, as prescribed.

The individual overseeing the discharge should not approach the potential violator at the time of the incident. However, if the violator is nonthreatening, collecting the information for the Field Observation Sheet would be beneficial.

8 Safety Safety must always be at the forefront of field reconnaissance and inspection. The following general guidelines in addition to the information outlined in the District’s 2015 Safety Program Manual must always be followed: 1. Hazardous materials and conditions should be anticipated and avoided.

2. Never approach, contact, or sample a substance if toxicity is at all suspected.

3. The reconnaissance inspections should be investigated in groups of two or more whenever possible. Never open a sealed container to check the contents.

4. If a highly toxic or flammable substance is discovered, District staff must follow the Emergency Action Plan, Emergency, Notification Flowchart (CRWD, 2018). See Figure 81.

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3.13 CRWD Emergency Notification Flowchart

1. Call 911

2. Contact CRWD Administrator: Mark Doneux 651-644-8888 (O), 651-303-1587 (C)

If administrator is unavailable, caller should ask person answering the phone to relay the information to the safety manager and crisis communication team. The safety manager, communication coordinator or other division manager will handle other notifications.

Safety Manager Anna Eleria 651-644-8888 (O), 612-618-4357 (C) If unavailable contact Forrest Kelley 651-644-8888 (O) 651-210-7692 (C) OR Bob Fossum 651-644-8888 (O), 612-209-1861 (C)

Crisis Communication Team Jessica Bromelkamp 651-644-8888 (O), 703-475-4584 (C)

· ·

· ·

· ·

·

·

·

·

Minnesota Duty Officer 651-649-5451* Ramsey County Emergency Management and Homeland Security 651-266-1020 Ramsey County Public Works Ted Schoenecker, 651-266-7100 City of Saint Paul Public Works Sewer Utility Aaron Hass, 651-266-6171 or Bruce Elder, 651-266-6234 City of Falcon Heights Public Works Tim Pittman, 651-792-7618 (Curtiss Pond BMPs only) City of Maplewood Public Works Steve Love, 651-249-2400 City of Roseville Public Works Marc Culver, 651-792-7041 (Upper Villa BMPs only) Potentially impacted government agencies and landowners (see below)

Media (local and metro-wide media outlets) Community neighbors (community action groups, neighborhood groups, local churches, and schools)

Consultants, as needed · Trout Brook Interceptor Jim Herbert, Barr, 952-832-2784 (O) 612-834-1060 (C) · Green Line LRT infrastructure Nathan Campeau, Barr, 952-832-2854 (O) 612-710-8140 (C) · Highland Ravine Todd Shoemaker, Wenck, 651-294-4585 (O) 612-414-7166 (C)

Notes: Contact the city where the incident occurs *Minnesota Duty Officer contacted in the event of illicit discharge or natural disaster

Other Impacted Government Agencies/Landowners · · · · · ·

Minnesota Pollution Control Agency (MPCA, spills), Emergency Management Unit, 651-296-6300 Minnesota Department of Transportation, Dale Gade, Area Engineer (I-35E and I-94), 651-234-7718; Beth Neuendorf, District Water Resources Engineer, 651-234-7713 Minnesota Department of Natural Resources (MnDNR), Jenifer Sorensen, Area Hydrologist, 651-259-5754 Metropolitan Council Environmental Services (TBI only), Scott Dentz, Interceptor Engineering Manager, 651-602-4503 Saint Paul Regional Water Service (SPRWS, TBI only), Jim Bode, Production Division Manager, 651-266-1651 BNSF Railway (TBI only), Rich Scott, Manager, Public Works, 763-782-3492 (O), 817-528-6344 (C)

9 Evaluation The District’s program was designed to meet the requirements of Permit No. MNR040000, Part III: Illicit Discharge Detection and Elimination (IDDE). It will help District staff, municipal partners, and other stakeholders spot, report, track, and eliminate sources of illicit discharges to the Trout Brook and other conveyance systems within the District’s boundary. Regular assessments will help the District implement timely changes to achieve program goals. The IDDE program will be evaluated annually using the evaluation questionnaire in Appendix F. Upon completion of the evaluation, the IDDE program should be updated accordingly to address identified program deficiencies or ways to enhance the program based on new or emerging research.

10 Future Recommended Actions The following actions are recommended for the District to complete over the next 3 to 12 months: 1. Maintain and regularly enhance the MS4 web-based tool. These are ongoing activities with no beginning or end.

2. Update the IDDE Database Module to include the Field Observation Sheet and Tracking Documentation form within the next 3 months.

3. Develop a comprehensive enforcement protocol in partnership with MS4s with the District within the next 6 months.

4. Assess the need for a complaint hotline over the next 6 to 12 months following the steps outlined by CWP. 5. Using the comprehensive approach, as presented in the CWP Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments, and in Section 4, proactively identify potential generating sites within the next 12 months.

6. Explore agreements with other MS4s within the watershed jurisdiction to actively locate and inspect potential generating sites; delineate responsibilities for sampling, tracking, and enforcement activities; and highlight financial obligations, if applicable. This should be implemented within the next 12 months.

7. Develop materials/brochures for the public and businesses. The recipients should include businesses that handle hazardous materials as well as restaurants, auto repair shops, and other businesses that may have an impact on possible sources of an illicit discharge. Example materials are in Appendix E for consideration.

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11 References Bolstad, P. (2016). GIS fundamentals (5th ed.). White Bear Lake, MN: Eider Press.

Booth, D. B. (1990). Stream-channel incision following drainage-basin urbanization. Journal of the American Water Resources Association, 407–417. doi:https://doi.org/10.1111/j.1752-1688.1990.tb01380.x Capital Region Watershed District. (2018). Trout Brook storm sewer interceptor. Retrieved from http://www.capitolregionwd.org/watershed-information/trout-brook-storm-sewerinterceptor/ Center for Watershed Protection and Robert Pitt. (2004). Illicit discharge detection and elimination: A guidance manual for program development and technical assessments.

Washington, D.C.: Environmental Protection Agency.

City of Arden Hills. (n.d.). Illicit discharge detection and elimination procedures. Arden Hills, MN: City of Arden Hills.

City of Hastings, Engineering Department. (2015) Illicit Discharge Detection and Illimitation (IDDE) Program Manual - City Policies and Procedures. Hastings, NE: City of Hastings.

City of Plymouth. (2017). Illicit discharge detection and elimination program and procedures.

Plymouth, MN: City of Plymouth.

Environmental Protection Agency. (2005). Stormwater phase II final rule. Washington, D.C.: Office of Water.

Minnesota Board of Water & Soil Resources. (2009). Local government units and partner agencies. Retrieved from http://www.bwsr.state.mn.us/partners/wd/wd.html Minnesota Pollution Control Agency. (2014). Municipal stormwater (MS4). Retrieved from https://www.pca.state.mn.us/water/municipal-stormwater-ms4 Spokane County, Washington. (2010). Illicit discharge detection and elimination guidance manual. Spokane, WA: Spokane County, Engineering & Roads, Stormwater Utility.

USGS. (2016). Wetland and aquatic research center. Retrieved from https://www.usgs.gov/centers/wetland-and-aquatic-research-center-warc/sciencetopics/eutrophication

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Yufen, R., Xiaoke, W., Zhiyun, O., Hua, Z., Xiaonan, D., & Hong, M. (2008). Stormwater runoff quality from different surfaces in an urban catchment in Beijing, China. Water Environment Research, 80(8), 719–724. doi:https://doi.org/10.2175/106143008X276660

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Appendix A: Capitol Region Watershed District: Rule G—Illicit Discharge and Connection

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Capitol Region Watershed District Rules Adopted 09/06/2006 Effective 10/01/2006 Revised 04/01/2015 Table of Contents Certification of Rules

2

General Policy Statement

2

Relationship to Municipalities

3

Rule A. Definitions

4

Rule B. Permit Procedural Requirements

10

Rule C. Stormwater Management

13

Rule D. Flood Control

20

Rule E. Wetland Management

24

Rule F. Erosion and Sediment Control

26

Rule G. Illicit Discharge and Connection

28

Rule H. Enforcement

34

Rule I. Variances

34

Rule J. Severability

35

CRWD RULES

4/18/2012

1

resources of the District by providing reasonable regulation of the District's lands and waters to: 1) reduce the severity and frequency of flooding and high water, 2) to preserve floodplain and wetland storage capacity, 3) to improve the chemical, physical and biological quality of surface water, 4) to reduce sedimentation, 5) to preserve waterbodies' hydraulic and navigational capacity, 6) to preserve natural wetland and shoreland features, and 7) to minimize future public expenditures to avoid or correct these problems.

Relationship of Capitol Region Watershed District to Municipalities The District recognizes that the primary control and determination of appropriate land uses is the responsibility of the municipalities. Accordingly, the District will coordinate permit application reviews involving land development with the municipality where the land is located. The District is the primary water quality and stormwater runoff management entity within the watershed boundaries, however, cities are also actively involved in water resource management projects and programs.

The District intends to be active in the regulatory process to ensure that water resources are managed in accordance with District goals and policies. The District began implementing rules effective October 1, 2006. All developments that did not have municipal approval on or before October 1, 2006 will require a District permit under these Rules. Municipalities have the option of assuming a more active role in the permitting process after adoption of a local water management plan approved by the District by adopting and implementing local ordinances consistent with the approved plan.

The District will also review projects sponsored or undertaken by municipalities and other governmental units, and will require permits of the contractor in accordance with these rules for governmental projects which have an impact on water resources of the District. These projects include but are not limited to, land development, road, trail, and utility construction.

The District desires to serve as technical advisor to the municipalities in their preparation of local surface water management plans and the review of individual development proposals prior to investment of significant public or private funds. To promote a coordinated review process between the District and the municipalities, the District encourages the municipalities to involve the District early in the planning process.

Rule A:

DEFINITIONS

For the purposes of these rules, unless the context otherwise requires, the following words and terms have the meanings set forth below.

References in these Rules to specific sections of the Minnesota Statutes or Rules include any amendments, revisions or recodification of such sections. References in these Rules CRWD RULES

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to manuals, plans, rules, assessments, modeling methods, technical guidance or District policies shall include any revisions or amendments.

The words “shall” and “must” are mandatory; the word “may” is permissive.

Adjacent. An area of land that has a common boundary or edge with a water resource or development.

Alteration or Alter. When used in connection with public waters or wetlands, any activity that will change or diminish the course, current, or cross-section of public waters or wetlands.

Applicant. Any person or political subdivision that submits an application to the District for a permit under these Rules.

Atlas 14. National Oceanic and Atmospheric Administration’s (NOAA) precipitation event frequency and magnitude estimates. Replaces TP-40.

Banking Credits. Volume reduction in excess of the standard for use on subsequent projects unable to meet the standard onsite.

Best Management Practices (BMPs). Measures taken to minimize negative effects on the environment including those documented in the Minnesota Stormwater Manual (MPCA Board or Board of Managers. The Board of Managers of the Capitol Region Watershed District Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Common Plan of Development or Sale. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur.

Compensatory Storage. Excavated volume of material below the floodplain elevation required to offset floodplain fill.

Criteria. Specific details, methods and specifications that apply to all permits and reviews and that guide implementation of the District's goals and policies.

Critical Duration Storm Event. The storm duration that produces the largest peak discharge rates within a channel or storm sewer system and the highest water surface elevation within a water body.

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De Minimis. An amount so small or minimal in difference that it does not matter or the law does not take it into consideration.

Development. Any land disturbance, redevelopment affecting land, or creation/replacement of impervious surface, including but not limited to, road and/or parking lot construction or reconstruction.

District. The Capitol Region Watershed District established under the Minnesota Watershed Law, Minnesota Statutes Chapter 103D. Drainage Way. All water conveyance systems including but not limited to storm sewers, ditches, culverts, and open channels.

Erosion. The wearing away of the ground surface as a result of wind, flowing water, ice movement, or land disturbance.

Erosion and Sediment Control Plan. A plan of BMPs or equivalent measures designed to control runoff and erosion and to retain or control sediment on land during the period of land disturbance in accordance with the standards set forth in these Rules.

Excavation. The artificial displacement or removal of soil or other material.

Fill. The deposit of soil or other earth materials by artificial means.

Floodplain. The area adjoining a watercourse or natural or man-made water body, including the area around lakes, marshes and lowlands, that is inundated during a 100year flood.

Freeboard. The vertical distance between the regulatory high water elevation calculated by hydrologic modeling and the regulatory elevation on a structure or roadway.

Gross Pollutants. Larger particles of litter, vegetative debris, floatable debris and coarse sediments in stormwater runoff.

Habitable. Any enclosed space usable for living or business purposes, which includes but is not limited to working, sleeping, eating, cooking, recreation, office, office storage, or any combination thereof. An area used only for storage incidental to a residential use is not included in the definition of "Habitable."

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illicit Connections. An illicit connection is defined as either of the following:

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1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non- storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a political subdivision.

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by a political subdivision.

Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Paragraph 5 of Rule G in these Rules.

Impaired Waters. A waterbody that does not meet water quality standards and designated uses because of pollutant(s), pollution, or unknown causes of impairment.

Impervious Surface. A surface compacted or covered with material so as to be highly resistant to infiltration by runoff. Impervious surface shall include roads, driveways and parking areas, sidewalks or trails greater than three feet wide, whether or not paved, patios, tennis and basketball courts, swimming pools, covered decks and other structures.

Infiltration. A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the earth’s surface.

Infiltration Area. An area set aside or constructed where stormwater from impervious surface runoff is treated and disposed of into the soil by percolation and filtration, and includes, but is not limited, to infiltration basins, infiltration trenches, dry wells, underground infiltration systems, and permeable pavement.

Iron-Enhanced Sand. Any Best Management Practice (BMP) that incorporates filtration media mixed with iron to remove dissolved phosphorus from stormwater.

Land Disturbance. Any activity on property that results in a change or alteration in the existing ground cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, stockpiling, excavation, and borrow pits. Routine vegetation management, and road milling/overlay activities that do not alter the soil material beneath the road base, will not be considered land disturbance. In addition, in-kind catch basin and pipe repair/replacement done in conjunction with a mill/overlay project shall not be considered land disturbance.

Landlocked Basin. A basin that does not have a natural outlet at or below the 100-year flood elevation, as determined by the 100-year ten-day runoff event.

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Linear Project. Roads, trails, and sidewalks that are not part of a common plan of development or sale.

Low Floor. The finished surface of the lowest floor of a structure.

Municipal Separate Storm Sewer System (MS4). The conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, man-made channels, or storm drains): 1. Owned and operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law or such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian organization, or a designated and approved management Agency under section 208 of the Clean Water Act (33 U.S.C ยง 1288) that discharges to waters of the United States; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR ยง 122.2.

Municipality. Any city wholly or partly within the Capitol Region Watershed District.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit. A permit issued by the Minnesota Pollution Control Agency that authorizes the discharge of pollutants to waters of the State.

Non-Point Source Pollution. Pollution that enters a water body from diffuse origins on the watershed and does not result from discernable, confined, or discrete conveyances Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed entirely of storm water.

NURP. Nationwide Urban Runoff Program developed by the Environmental Protection Agency to study stormwater runoff from urban development.

Ordinary High Water Level (OHW). The elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water level is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the OHW level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the OHW level is the operating elevation for the normal summer pool. For Public Waters and Public Waters Wetlands the Minnesota DNR determines the OHW.

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Owner. A person or entity who has legal title to a parcel of land or a purchaser under a contract for deed.

Parcel. A parcel of land designated by plat, metes, and bounds, registered land survey, auditor’s subdivision, or other acceptable means and separated from other parcels or portions by its designation.

Permittee. The person or political subdivision in whose name a permit is issued pursuant to these Rules.

Person. Any individual, trustee, partnership, unincorporated association, limited liability company or corporation.

Political Subdivision. A municipality, county or other political division, agency, or subdivision of the state.

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Potential Stormwater Hotspots (PSHs). Commercial, industrial, institutional, municipal, or transportation related operations that may produce higher levels of stormwater pollutants, and/or present a higher potential risk for spills, leaks, or illicit discharges. PSHs may include: gas stations, petroleum wholesalers, vehicle maintenance and repair, auto recyclers, recycling centers and scrap yards, landfills, solid waste facilities, wastewater treatment plants, airports, railroad stations and associated maintenance facilities, and highway maintenance facilities.

Public Waters. Any waters as defined in Minnesota Statutes Section 103G.005, Subdivision 15.

Public Waters Wetlands. Any wetlands as defined in Minnesota Statutes Section 103G.005, Subdivision 15a.

River Dependent. An activity or land use that relies on direct access to or use of the Mississippi River.

Runoff. Rainfall, snowmelt or irrigation water flowing over the ground surface.

Seasonal High Groundwater. The highest seasonal elevation in the ground that has soil voids being filled with water.

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Sediment. Soil or other surficial material transported by surface water as a product of erosion.

Sedimentation. The process or action of depositing sediment.

Sequencing Flexibility. Deviation from the standard sequencing process as described in MN Rule 8420.0520, Subp. 7a.

Sewage. Waste produced by toilets, bathing, laundry, or culinary operations, or the floor drains associated with these sources.

Special Interest Subwatershed. An area in which protection or improvement of water quality has been given a high priority.

Standards. A preferred or desired level of quantity, quality, or value.

Storm Drain System. Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stormwater Management Plan. A plan for the permanent management and control of runoff prepared and implemented in accordance with the standards set forth in these Rules.

Stormwater Pollution Prevention Plan. A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving water bodies to the maximum extent practicable.

Stream. A body of water continuously or intermittently flowing in a channel or watercourse, as a river, rivulet, or brook.

Structure. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, water and storage systems, drainage facilities and parking lots.

Subdivision or Subdivide. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots.

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Trout Brook Interceptor. That portion of the Trout Brook Storm Sewer that is owned and operated by the District.

Wastewater. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Water Basin. An enclosed natural depression with definable banks capable of containing water that may be partly filled with public waters.

Waterbody. All water basins, watercourses, and wetlands as defined in these Rules.

Watercourse. A natural or improved stream, river, creek, ditch, channel, culvert, drain, gully, swale, or wash in which waters flow continuously or intermittently in a definite direction.

Watershed. Region draining to a specific watercourse or water basin.

Wetland. Land transitional between terrestrial and aquatic systems as defined in Minnesota Statutes Section 103G.005, Subdivision 19.

Wetland Conservation Act (WCA). Minnesota Wetland Conservation Act of 1991.

Rule B:

PERMIT PROCEDURAL REQUIREMENTS

1.

APPLICATION REQUIRED. Any person, or political subdivision, undertaking an activity for which a permit is required by these Rules shall, prior to commencing work, submit to the District a permit application, engineering design data, plans, specifications and such other information and exhibits as may be required by these rules. Permit applications shall be signed by the owner or the owner’s authorized agent, except for activities of a political subdivision which may be signed by either an authorized agent of the political subdivision or the general contractor. Three copies of all supporting materials, including site plans, narratives and hydrologic calculations, shall be submitted with the completed application. One full set, one set reduced to 11”x17”, and one electronic set in .pdf format shall be submitted.

2.

FORMS. Permit applications must be submitted on the form provided by the District. Applicants may obtain these forms at the District office or Internet Web site.

3.

TIME FOR APPLICATION. A complete permit application which includes all required exhibits shall be received by the District at least 21 calendar days prior to a regularly scheduled meeting date of the Board of Managers. Late submittals or

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submittals with incomplete exhibits will be scheduled to a subsequent meeting date.

4.

ACTION BY BOARD. The Board of Managers shall approve or deny an application containing all required information, exhibits and fees, in accordance with Minnesota Statutes, Section 15.99, as amended.

5.

ISSUANCE OF PERMITS. The Board of Managers shall issue a permit only after the applicant has satisfied all requirements for the permit, has paid all required District fees, and the District has received any required surety. All activity under the permit shall be done in accordance with the approved plans and specifications.

6.

COMPLIANCE. Issuance of a permit based on plans, specifications or other data shall not prevent the District from thereafter requiring the correction of errors in the approved plans, specifications and data, or from preventing any activity being carried on in violation of these Rules.

7.

EXPIRATION. A permit shall expire and become null and void if the approved activity is not commenced within one year from date of approval by the Board, or if the approved activity is suspended or abandoned for a period of one year, from the date the activity originally commenced. Before an activity delayed one year or more can recommence the permit must be renewed. An application for renewal of a permit must be in writing, and state the reasons for the renewal. Any plan changes and required fees must be included with the application. There must be no unpaid fees or other outstanding violations of the permit being renewed.

The Board shall consider the application for renewal on the basis of the Rules in effect on the date the application is being considered for renewal.

Any permittee may apply for an extension of time to commence the approved activity under an unexpired permit when the permittee is unable to commence the activity within the time required by these Rules. An application for an extension of a permit must be in writing and state the reasons for the extension. Any plan changes and required fees must be included with the application. There must be no unpaid fees or other outstanding violations of the permit being extended. The application must be received by the District at least 30 days prior to the permit’s expiration. The Board shall consider the application for an extension on the basis of the Rules in effect on the date the application is being considered. The Board may extend the time for commencing the approved activity for a period not exceeding one year upon finding that circumstances beyond the control of the permittee have prevented action from being taken.

8.

MODIFICATIONS. The permittee shall not modify the approved activity or deviate from the plans and specifications on file with the District without the prior approval of District staff. Significant modifications to the approved plans and specifications shall require Board approval

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9.

INSPECTION AND MONITORING. After issuance of a permit, the District may perform such field inspections and monitoring of the approved activity as the District deems necessary to determine compliance with the conditions of the permit and these Rules. Any portion of the activity not in compliance shall be promptly corrected. In applying for a permit, the applicant consents to the Districts entry upon the land for field inspections and monitoring, or for performing any work necessary to bring the activity into compliance at the permittee expense.

10.

SUSPENSION OR REVOCATION. The District may suspend or revoke a permit issued under these Rules wherever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any provision of these Rules, or if the preliminary and final subdivision approval received from a municipality or county is not consistent with the conditions of the permit.

11.

CERTIFICATION OF COMPLETION. The District shall certify completion of an activity for which a permit has been issued under these Rules and authorize the release of any required surety upon inspection and submittal of information verifying completion of the activity in accordance with the approved plans and conditions of the permit. Verification of stormwater practice functionality such as a flood test or other in field test or observation shall be conducted in the presence of district staff or other authorized third party, or documented in a report submitted to the District before completion can be certified and any surety released. Copies of documents, with evidence of recording where appropriate, that provide for maintenance of structures required by the permit shall be filed with the District before completion can be certified and any surety released. All temporary erosion prevention and sediment control BMPs (such as silt fence) must be removed following approval of a Certificate of Completion before any surety can be released. No activity may be certified as complete if there are any unpaid fees or other outstanding permit violations. If the District fails to make a determination as to compliance of an activity with the conditions of the permit within 60 days after submittal of the foregoing information verifying completion, the activity shall be deemed complete and any surety shall thereupon be released.

12.

PERMIT TRANSFERS. The District may allow the transfer of a permit approval. No permit shall be transferred if there are any unpaid fees or other outstanding permit violations. Transfer of a permit does not alter the requirements of the permit or extend the permit term. In the event that a permit is transferred, the original permittee shall remain liable for the permit requirements unless (1) the transferee and transferor submit a Permit Transfer Form to the District or (2) the District approves a new permit for the transferor.

13.

PERMIT FEES. The District shall charge the permit processing fees in accordance with a schedule adopted annually by written resolution of the Board of Managers and conforming to Minnesota Statutes 103D.345.

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(a)

Applicant must submit the required permit processing fee to the District at the time it submits its permit application.

(b)

The processing fees described above shall not be charged to the federal government, the State of Minnesota, or a political subdivision of the State of Minnesota.

(c)

Any person or political subdivision performing an activity for which a permit is required under these Rules without having first obtained a permit from the District, shall pay, in addition to such fines, court costs or other amounts as may be payable by law as a result of such violation, a field inspection fee equal to the actual cost of the District for field inspections, monitoring and investigation of such activity, including services of engineering, legal and other consultants. The field inspection fee shall be payable within 10 calendar days after issuance of a statement by the District. No permit shall be issued for the activity if there are any unpaid field inspection fees or other outstanding violations of these Rules.

14.

PERFORMANCE SURETY. To assure compliance with these Rules, the Board will require the posting of a performance surety where it is shown to be reasonable and necessary under the particular circumstances of any permit application filed with the District. A performance surety will not be required of the federal government, the State of Minnesota, or a political subdivision of the State of Minnesota.

15.

OTHER PERMITS AND APPROVALS. The applicant shall promptly provide the District with copies of all environmental permits and approvals required by other governmental entities, upon request.

Rule C: 1.

STORMWATER MANAGEMENT

POLICY. It is the policy of the Board of Managers to: (a) Reduce runoff rates to levels that allow for stable conveyance of flow throughout the water resources of the District. (b) Require rate control practices on development to preserve runoff rates at a level that will not cause the degradation of water resources. (c) Limit runoff volumes by utilizing site designs that limit impervious surfaces or incorporate volume control practices such as infiltration. (d) Minimize connectivity of impervious surfaces to the stormwater system.

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(e) Require the use of effective non-point source pollution reduction BMPs in development projects. (f) Protect and maintain downstream drainage systems to provide permanent and safe conveyance of stormwater. Reduce the frequency and/or duration of potential downstream flooding. (g) Reduce the total volume of stormwater runoff to protect surface water quality and provide recharge to groundwater. (h) Remove sediment, pollutants, and nutrients from stormwater to protect surface water quality.

2.

REGULATION. No person or political subdivision shall commence a land disturbing activity or the development of land one acre or greater, unless specifically exempted by Paragraph 5 below, without first obtaining a permit from the District that incorporates and approves a stormwater management plan for the activity or development.

3.

CRITERIA. Stormwater management plans must comply with the following criteria: (a) HYDROGRAPH METHOD -- A hydrograph method based on sound hydrologic theory shall be used to analyze runoff for the design or analysis of flows and water levels. Reservoir routing procedures and critical duration storm events shall be used for design of detention basins and outlets. (b) RUNOFF RATE -- Runoff rates for the proposed activity shall not exceed existing runoff rates for the 2-year, 10-year, and 100-year critical storm events using Atlas 14 precipitation depths and storm distributions or as approved by the District. Runoff rates may be restricted to less than the existing rates when the capacity of downstream conveyance systems is limited. (c) RUNOFF VOLUME -- Stormwater runoff shall be retained onsite in the amount equivalent to 1.1 inches of runoff over the impervious surfaces of the development. The required stormwater runoff volume shall be calculated as follows:

Required Volume (ft3) = Impervious surfaces (ft2) x 1.1(in) x 1/12 (ft/in) (1) Stormwater reuse systems shall be allowed an approved credit as calculated by the Stormwater Reuse Calculator found in the application guidance materials, or other approved calculator.

(2) For infiltration of the required stormwater runoff volume, the following requirements must be met:

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(i) The required stormwater runoff storage volume shall be provided below the invert of the low overflow outlet of the BMP. (ii) Runoff infiltratedduring a rain event will not be credited towards the volume reduction requirement. (iii) Infiltration volumes and facility sizes shall be calculated using the appropriate hydrological soil group classification and design infiltration rate from Table 1. Select the design infiltration rate from Table 1 based on the least permeable soil horizon within the first five feet below the bottom elevation of the proposed infiltration BMP. Table 1. Design Infiltration Rates Hydrologic soil Infiltration rate Soil Corresponding Unified Soil group (inches/hour) textures Classification

A

1.63

GW - well-graded gravels, sandy gravels gravel GP - gap-graded or uniform sandy gravels, sandy gravels gravel GM - silty gravels, silty sandy silty gravels gravels SW - well-graded gravelly sands

A

0.8

sand SP - gap-graded or uniform sands, loamy sand gravelly sands sandy loam

B

0.45

B

0.3

C

0.2

D

0.06

SM - silty sands, silty gravelly sands loam, silt MH - micaceous silts, loam diatomaceous silts, volcanic ash Sandy clay ML - silts, very fine sands, silty or loam clayey fine sands

clay loam silty clay loam sandy clay silty clay clay

GC - clayey gravels, clayey sandy gravels SC - clayey sands, clayey gravelly sands CL - low plasticity clays, sandy or silty clays OL - organic silts and clays of low plasticity CH - highly plastic clays and sandy clays OH - organic silts and clays of high plasticity

Source: Minnesota Stormwater Manual

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(iv) The applicant may complete double-ring infiltrometer test to the requirements of ASTM D3385 or other District approved infiltration test measurements at the proposed bottom elevation of the infiltration BMP. The measured infiltration rate shall be divided by the appropriate correction factor selected from the Minnesota Stormwater Manual. This test must be completed by a licensed soil scientist or engineer. (v) The infiltration area shall be capable of infiltrating the required volume within 48 hours for surface and subsurface BMPs. (vi) Infiltration areas shall be limited to the horizontal areas subject to prolonged wetting. (vii) Areas of permanent pools tend to lose infiltration capacity over time and will not be accepted as an infiltration practice. (viii) Stormwater runoff must be pretreated to remove solids before discharging to infiltration areas to maintain the long term viability of the infiltration areas. Additional information on sizing and approaches can be found in application guidance materials. (ix) Design and placement of infiltration BMPs shall be done in accordance with the Minnesota Department of Health guidance called “Evaluating Proposed Stormwater Infiltration Projects in Vulnerable Wellhead Protection Areas.� http://www.health.state.mn.us/divs/eh/water/swp/stormwater.pdf (x) Specific site conditions may make infiltration difficult, undesirable, or impossible. Some of these conditions are listed in Table 2 and may qualify the applicant for Alternative Compliance Sequencing. The applicant may also submit a request to the District for Alternative Compliance Sequencing for site conditions not listed below. All requests shall indicate the specific site conditions present and a grading plan, utility plan, and the submittal requirement listed in Table 2.

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Table 2. Alternative Compliance Site Conditions* MPCA has limitations for constructing infiltration BMPs if it will receive discharges from or be constructed in these areas of concern. These conditions will apply to this permit.

Type Potential Contamination

Physical Limitations

Land Use Limitations

Specific Site Conditions

Infiltration Requirements

Potential Stormwater Hotspots (PSHs)/Industrial Facilities Contaminated Soils Vehicle Fueling and Maintenance Areas

Prohibited Prohibited Prohibited

Low Permeability (Type D Soils)

Restricted- Soil borings required

Bedrock within 3 vertical feet of bottom of infiltration area Seasonal High Groundwater within 3 vertical feet of bottom of infiltration area Karst Areas

Restricted- Soil borings required Restricted- Soil borings required

Utility Locations

Concerned- Site Map with detailed utility locations

Adjacent Wells

Restricted- Well Locations

Restricted- Soil borings required

* Alternative Compliance is allowed for the volume reduction portion of Rule C only.

(3) Alternative Compliance Sequencing. To the maximum extent practicable, the volume reduction standard shall be fully met onsite. If it is not possible because of site conditions listed above, Alternative Compliance may be achieved by any combination of the sequence below, but shall be explored in the order presented. (i) First, the applicant shall comply or partially comply with the volume reduction standard to the maximum extent practicable on-site through alternative volume reduction methods as listed below and in the application guidance materials, or as approved by the District. If the applicant meets these requirements, the project is compliant, and no further Sequencing steps are necessary.  If filtration of the water quality volume is deemed necessary through alternative compliance sequencing, the required stormwater runoff volume shall be multiplied by 1.82 (i.e. 55% filtration credit) and the filtration BMP shall provide this storage volume below the invert of the low overflow outlet of the BMP

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

 

(perforated drain pipes for filtration will not be considered the low overflow outlet).

If iron-enhanced sand is used as a filtration media, the required stormwater runoff volume shall be multiplied by 1.25 (i.e. 80% filtration credit) and the filtration BMP shall provide this storage volume below the invert of the low overflow outlet of the BMP (perforated drain pipes for filtration will not be considered the low overflow outlet).

Iron-enhanced media shall include a minimum of 5% of iron filings by weight and shall be uniformly blended with filtration media.

Other enhanced filtration media may be considered and credited at the sole discretion of the District.

(ii) Second, for the remaining volume reduction required to fully meet the standard, the applicant shall comply or partially comply with the volume reduction standard at an offsite location or through the use of qualified banking credits as determined by Rule C – 3.c.4. If the applicant meets these requirements, the project is compliant, and no further Sequencing steps are necessary. 

Volume reduction may be accomplished at another site outside of the project area or through the use of banked credits as long as it yields the same volume reduction benefit, and is approved by the District prior to construction. When possible, offsite compliance and banking credits shall be achieved in the same drainage area as the project site in the same sub-watershed as the project site. Projects that propose to construct stormwater BMPs to achieve volume reduction credits require District permit application, review and approval.

(iii) Third, as a last alternative, for the remaining volume reduction required, the applicant shall pay into the District’s Stormwater Impact Fund to cover the cost of implementing equivalent volume reduction elsewhere in the watershed. The required amount to contribute to the Stormwater Impact Fund will be set by the Board annually. 

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

Money contributed to the Stormwater Impact Fund shall be allocated to volume reduction projects by the District according to the Stormwater Impact Fund Implementation Plan as approved by the District Board.

The volume reduction achieved by these projects will offset the volume reduction that was not achieved on the permitted development.

(4) Volume reduction provided in excess of the 1.1-inch requirement may be banked for use on another project. Excess banked volume reduction amounts shall not exceed the volume of two inches over the impervious surfaces of the drainage area to the BMP or the volume provided within the BMP, whichever is less. Transfer of banked volume credits between applicants is allowed. Applicants shall submit a letter to the District outlining the conditions of the transfer and confirming the volume of the transfer. The District must review and approve all credit transfers.

(5) If an applicant determines during the course of planning, design or construction of a linear project that the required volume reduction cannot be achieved onsite and the applicant does not possess sufficient excess volume reduction credits to offset the volume required, the District may allow the applicant to defer the construction of volume reduction BMPs to a future identified project that the applicant will complete within two years of the date of the permit application.

Failure to provide the required volume reduction by that date would obligate the applicant to pay into the stormwater impact fund at the rate applicable at the time payment is made into the fund. (d) WATER QUALITY -- Developments shall incorporate effective non-point source pollution reduction BMPs to achieve 90% total suspended solids removal from the runoff generated by a NURP water quality storm (2.5� rainfall). Runoff volume reduction BMPs may be considered and included in the calculations showing compliance with achieving the 90% TSS removal requirement. Water quality calculations, documentation and/or water quality modeling shall be submitted to verify compliance with the standard.

(1) For linear projects utilizing offsite locations, banking credits, or the stormwater impact fund to meet the volume reduction standard; (i) If any portion of the development falls within a Special Interest Subwatershed as shown on the map in the application guidance material, the development shall meet the water quality standard onsite. Offsite or banked BMPs located within the same Special Interest Subwatershed as the development may be considered.

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(ii) If the entire development falls outside of a Special Interest Subwatershed, the water quality standard shall be met onsite to the maximum extent practicable as determined by the District.

At a minimum, BMPs shall be placed in each drainage area of a development to remove gross pollutants.

(e) For linear projects, costs specific to satisfying the volume reduction and water quality standards shall not exceed a cost cap which will be set by the Board annually. The cap shall apply to costs directly associated with the design, testing, land acquisition, and construction of the volume reduction and water quality stormwater BMPs only. Unit costs for construction shall be set by the Board annually and shall be used to determine the cost of the volume reduction and water quality BMPs. The District may contribute the amount above the cap in order to meet the volume reduction and water quality standards or it may allow the applicant to partially comply with the standards when the cap is met. (f) MAINTENANCE -- All stormwater water management structures and facilities, including volume reduction BMPs, shall be maintained to assure that the structures and facilities function as originally designed. The maintenance responsibilities must be assumed by either the municipality’s acceptance of the required easements dedicated to stormwater management purposes or by the applicant executing and recording a maintenance agreement acceptable to the District. Documentation of the recorded agreement must be submitted to the District prior to issuance of permit.

Public developments will require a maintenance agreement in the form of a Memorandum of Agreement or an approved Local Water Management Plan that details the methods, schedule and responsible parties for maintenance of stormwater management facilities for permitted development. A single Memorandum of Agreement for each local government unit may be used to cover all stormwater management structures and facilities required herein, including volume reduction BMPs, within the LGU’s jurisdiction.

4.

EXHIBITS. The following exhibits must accompany the permit application.

One set, full size; one set, reduced to 11"x17”; and a copy of all submittals in electronic .pdf format. (a) Property lines and delineation of lands under ownership of the applicant. (b) Delineation of the drainage areas contributing runoff from off-site, proposed and existing sub-watersheds onsite, emergency overflows, and drainage ways. (c) Aerial photo showing the locations of water bodies downstream of site.

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(d) Proposed and existing stormwater facilities location, alignment, and elevation. (e) Delineation of existing onsite wetland, marshes, shoreland, and floodplain areas. (f) Identification of existing and proposed normal, ordinary high and 100-year water elevations onsite. (g) Identification of existing and proposed site contour elevations with at least a 2-foot contour interval including offsite contours where overflows are directed. (h) Construction plans and specifications of all proposed stormwater management facilities, including design details for outlet control structures. (i) Stormwater runoff volume and rate analysis for the 2-year, 10-year, and 100year critical storm events, existing and proposed. (j) All hydrologic, water quality and hydraulic computations completed to design the proposed stormwater management facilities. (k) Narrative addressing incorporation of stormwater BMPs. (l) For non-linear projects, site specific plan, schedule and narrative for maintenance of the proposed stormwater management practices. (m) Onsite soil borings indicating soil type for purposes of infiltration design. (n) For applications proposing infiltration area(s), information shall include identification, description (soil group and texture), and field evaluation of soil permeability in accordance with ASTM 3385 procedure and delineation of site soils to determine existing and proposed conditions suitable for percolation of stormwater runoff from impervious areas. (o) For applications proposing alternative compliance sequencing, the required exhibits listed in Table 2. (p) District Volume Reduction Worksheet. (q) All plan sheets shall be signed by a Minnesota licensed professional appropriate for the project.

5.

EXCEPTIONS. (a) Rule C and its requirements will not apply to development less than 1 acre in size for all land uses unless the development: (i) Is part of a common plan of development or sale that will ultimately exceed one acre in size.

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(ii) Is greater than 10,000 square feet and is adjacent to a wetland, stream, public water, or public water wetland. (b) Rule C and its requirements shall not apply to land disturbing activity or the development of land that post construction creates 100% pervious surfaces unless the land disturbing activity or the development of land alters the drainage boundaries shown in the District’s Watershed Management Plan. (c) Rule C and its requirements will not apply to construction on individual lots within a residential subdivision approved by the District, provided the activity complies with the original common plan of development. (d) Rule C and its requirements will not apply to bridges. (e) Rule C and its requirements will not apply to annually cultivated land used for farming, research, or horticulture.

Rule D: 1.

FLOOD CONTROL

POLICY.

It is the policy of the Board of Managers to:

(a) Encourage water quantity controls to ensure no net increase in the impacts or potential for flooding on or off the site and encourage, where practical, controls to address existing flooding problems. (b) Discourage floodplain filling for new non-river dependent developments. (c) Only allow floodplain development in a manner that is compatible with the dynamic nature of floodplains.

2.

REGULATION. No person or political subdivision shall alter or fill land below the 100-year flood elevation of any water body, public water, or public water wetland without first obtaining a permit from the District.

3.

CRITERIA. (a) Placement of fill within the 100-year floodplain is prohibited unless compensatory storage is provided. Compensatory storage must be provided on the development or immediately adjacent to the development within the affected floodplain.

(1) Compensatory storage shall result in the creation of floodplain storage to fully offset the loss of floodplain storage. Compensatory storage shall be created prior to or concurrently to the permitted floodplain filling.

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(b) All habitable buildings, roads, and parking structures on or adjacent to a project site shall comply with the following flood control and freeboard requirements: (1) See Table 3 below for freeboard requirements.

Table 3 – Flood control and Freeboard requirements Condition

Water Bodies with Piped Outlets and Mississippi River 

New Habitable Buildings

 Existing Habitable Buildings – Adjacent to and Potentially Affected by Flood Waters

Low floor must be a minimum of 2 feet above the 100-year flood elevation.

Low opening must be a minimum of 2 feet above the 100-year flood elevation.

Water Bodies without Piped Outlets 



Low floor must be a minimum of 5 feet above the 100-year flood elevation.

Low opening must be a minimum of 5 feet above the 100-year flood elevation.

Subsurface Stormwater Management BMPs 

Low floor must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation unless flood proofing measures are constructed with the building; and



Low opening must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation.



Low floor must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation unless flood proofing measures are constructed with the BMP; and Low opening must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation.





Low opening must be a minimum of 2 feet above the 100-year flood elevation.



Low opening must be a minimum of 2 feet above the 100-year flood elevation.



Low opening must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation.



Roadway shall not flood when adjacent to stormwater storage basin designed to store the 100-year storm event.



Roadway shall not flood when adjacent to stormwater storage basin designed to store the 100-year storm event.



Roadway shall not flood when adjacent to stormwater storage basin designed to store the 100-year storm event.



Freeboard requirement set by road authority.

Freeboard requirement set by road authority.



Underground Parking Structures

Public Roadway



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(2) For water bodies without a piped outlet: i. The normal water level of a water body without a piped outlet shall be determined by a qualified licensed geologist or hydrogeologist. A ground water analysis using existing or installed monitoring wells on or near the site and soil conditions in the basin shall be used. Ideally, the peak groundwater elevation over a continuous three-year monitoring period shall be considered the normal water level of a basin without a piped outlet, provided soil conditions allow full drainage of recent storm event within 48 hours. ii. For existing water bodies without piped outlets, mottled soils may be considered in establishing a water body’s normal water level in lieu of groundwater analysis. iii. An emergency response plan shall be developed for addressing potential flooding in homes below the overland emergency overflow swale around each water body without a piped outlet.

The plans shall be adopted by the City and be included in a maintenance agreement for the development.

(3) For underground parking structures: i. Underground parking structures shall be flood protected to minimize impacts from high groundwater during flood events. ii. All drainage structures within underground parking shall include an anti-backflow device to prevent stormwater from surcharging into the area.

(4) Emergency overflow swales or areas shall be constructed to convey the peak 100-year discharge from each water body to the next downstream water body and away from buildings.

4.

EXHIBITS. The following exhibits must accompany the permit application.

One set, full size; two sets, reduced to 11" x 17"; and copies of all submittals in electronic .pdf format. (a) Site plan showing the property lines, location, delineation of the work area, existing elevation contours of the work area, ordinary high water elevations, and 100-year flood elevation.. (b) Bench marks, including datum used, to establish vertical control.

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(c) Grading plan showing any proposed elevation changes including low floor elevations of adjacent buildings and 100-year flood elevations resulting from proposed development. (d) Utility plans and details. (e) Roadway plans and details. (f) Preliminary plat of any proposed land development. (g) Stormwater management plan showing all data and computations used in estimating runoff, drainage areas, stormwater storage, and flood elevations for the 2-year, 10-year, and 100-year storm events for both existing conditions and post development conditions. Study shall be prepared and signed by a Minnesota licensed professional engineer. Study shall include a figure of receiving water bodies downstream of the site. (h) Computation of change in flood storage capacity resulting from proposed grading. (i) Erosion control plan. (j) All plans shall be signed by a Minnesota licensed engineer.

Rule E: 1.

WETLAND MANAGEMENT POLICY. It is the policy of the Board of Managers to:

(a) Manage wetlands to achieve no-net loss of acreage and values and where

possible, strive to enhance the functions and values of existing wetlands within the District. (b) Identify wetland restoration and creation sites to enhance water quality and/or

restore natural habitats. (c) Interact with cities in the administration of the Wetland Conservation Act if

desired by the cities.

2.

REGULATION. No person may fill, drain, excavate or otherwise alter the character of a wetland without first obtaining a permit from the District.

3.

CRITERIA.

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(a) Wetlands shall not be drained, filled wholly or in part, excavated, or have sustaining hydrology impacted such that there will be a decrease in the inherent (existing) functions and values of the wetland. Wetland impacts shall be evaluated based on the following principles in descending order of priority: avoid the impact to the wetland, minimize the impact to the wetland, replace the wetland that was impacted. Projects that propose wetland impacts shall follow the requirements provided in the Minnesota Wetland Conservation Act and associated rules with the following amendments: (1) The de minimis size will be zero.

(2) Sequencing Flexibility will not be allowed.

(3) Permanently impacted wetlands shall be replaced through creation of new wetland, restoration of drained wetlands, or expansion of existing wetlands of the same type (Circular 39)at a minimum 2:1 ratio (4) All WCA non-temporary impact exemptions to wetlands will not be allowed.

(5) All wetland replacements shall be within the District’s boundaries. (b) A minimum buffer of 25 feet of permanent District approved un-manicured vegetative ground cover abutting and surrounding a wetland is required.

4.

LOCAL GOVERNMENT UNIT. The District intends to serve as the "local government unit" for administration of the Minnesota Wetland Conservation Act, unless a particular local government unit in the District has elected to assume that role in its jurisdictional area. Notwithstanding the above, the District will continue to require wetland alteration permits under this rule.

5.

EXHIBITS. The following exhibits must accompany the permit application.

One set, full size; one set, reduced to 11"X17" and a copy of all submittals in electronic .pdf format. (a) Site plan showing: (1) Property lines and corners and delineation of lands under ownership of the applicant.

(2) Existing and proposed elevation contours with at least a 2-foot contour interval, including the existing runout elevation and flow capacity of the wetland outlet, and spoil disposal areas.

(3) Area of the wetland portion to be filled, drained, excavated or otherwise altered.

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(b) Complete delineation of the existing wetland(s), supported by the following documentation: (1) Identification of the delineation method used in accordance with the 1987 Army Corps of Engineers Manual.

(2) Identification of presence or absence of normal circumstances or problem conditions.

(3) Basin classification using the Cowardin method and Circular 39.

(4) Inventory of wetland vegetation using Eggers, Steve D., and Donald M. Reed. 1997. Wetland plants and communities of Minnesota and Wisconsin.

(5) Wetland data sheets, or a report, for each sample site, referenced to the location shown on the delineation map. In each data sheet/report applicant must provide the reasoning for satisfying, or not satisfying each of the technical criteria and why the area is or is not a wetland.

(6) A delineation map showing the size, locations, configuration and boundaries of wetlands in relation to identifiable physical characteristics, such as roads, fence lines, waterways, or other identifiable features.

(7) The location of all sample sites and stakes/flags must be accurately shown on the delineation map. Delineations submitted by applicants will normally be field-verified by District staff knowledgeable in wetland identification. Applicants must leave stakes in the field to aid review of the site. (c) A replacement plan, if required, outlining the steps followed for the sequencing process and including documentation supporting the proposed mitigation plan. (d) A wetland functions and values assessment comparison before and after project. (e) An Erosion Control Plan.

6.

EXCEPTIONS. (a) Rule E and its requirements will not apply to annually cultivated land used for farming, research, or horticulture, unless the activity results in draining or filling the wetland.

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Rule F:

EROSION AND SEDIMENT CONTROL

1.

POLICY. It is the policy of the Board of Managers to require the preparation and implementation of erosion and sediment control plans to control the export of sediment off site, which impacts surface water quality.

2.

REGULATION. No person or political subdivision shall commence a land disturbing activity of the development of land one acre or greater, unless specifically exempted by this Rule, without first obtaining a permit from the District that incorporates and approves an erosion and sediment control plan for the activity or development.

3.

CRITERIA. Erosion and sediment control plans shall comply with the following criteria: (a) Erosion and sediment control measures shall be consistent with best management practices, and shall be sufficient to retain sediment onsite as demonstrated in the MPCA manual, “Protecting Water Quality in Urban Areas�, as amended. (b) Erosion and sediment control measures shall meet the standards for the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program, Permit MN R100001 (NPDES General Construction Permit), issued by the Minnesota Pollution Control Agency, except where more specific requirements are required. (c) The activity shall be phased when possible to minimize disturbed areas subject to erosion at any one time. (d) All construction site waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site shall be properly managed and disposed of so they will not have an adverse impact on water quality. (e) Erosion and sediment controls necessary at the beginning of the project shall be installed before commencing the land disturbing activity, and shall not be removed without District approval or until the District has issued a certificate of completion. Applicants may phase installation of erosion and sediment controls provided the phasing plan is included in the approved erosion and sediment control plan. (f) The permittee shall be responsible for proper operation and maintenance of all erosion and sediment controls, and soil stabilization measures, in conformance with Best Management Practices and the requirements of the NPDES General

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Construction Permit. The permittee is responsible for the operation and maintenance of temporary erosion prevention and sediment control BMPs at the site over all of the areas of the site that have not been fully stabilized until the District has transferred the permit to another permittee, or until the site has undergone final stabilization and has received an approved certificate of completion.

4.

EXHIBITS. The following exhibits must accompany the permit application.

One set, full size; one set, reduced to 11"x17"; and a copy of all submittals in electronic .pdf format. (a) An existing and proposed topographic map which clearly shows contour elevations with at least 2-foot contour intervals on and adjacent to the land, property lines, all hydrologic features, the proposed land disturbing activities, and the locations of all runoff, erosion and sediment controls and soil stabilization measures. (b) Plans and specifications for all proposed runoff, erosion and sediment controls, and temporary and permanent soil stabilization measures.

(1) Temporary erosion and sediment control measures which will remain in place until permanent vegetation is in place shall be identified.

(2) Permanent erosion and sediment control measures such as emergency overflow swales shall be identified. (c) Detailed schedules for implementation of the land disturbing activity, the erosion and sediment controls, and soil stabilization measures. (d) Plans and specifications for dewatering methods and outlet of stormwater. (e) Detailed description of the methods to be employed for monitoring, maintaining, and removing the erosion and sediment controls, and soil stabilization measures. The name, address and phone number of the person(s) responsible shall also be provided. (f) For projects over one acre of disturbed area, documentation that the project applicant has applied for a NPDES General Construction Permit shall be submitted as well as the Stormwater Pollution Prevention Plan (SWPPP) prepared for the NPDES permit.

5.

EXCEPTIONS.

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(a) Rule F and its requirements will not apply to development less than 1 acre in size for all land uses, unless such development is greater than 1,000 square feet and: (1) Is within the 100-year floodplain; or (2) Is adjacent to a wetland, stream, public water, or public water wetland. (b) Rule F and its requirements will not apply to annually cultivated land used for farming, research, or horticulture.

Rule G: 1.

ILLICIT DISCHARGE AND CONNECTION

POLICY. It is the policy of the Board of Managers to: (a)

Regulate the contribution of pollutants to the District’s municipal separate storm sewer system (MS4) by any user;

(b)

Prohibit Illicit Connections and Discharges to the District’s MS4;

(c)

Establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Rule;

(d)

Require a District permit for new direct connections, significant changes to existing hydrology, and other impacts related to the proper function, access, and maintenance to the District’s MS4 or easements;

(e)

Not allow new direct connections or other impacts to the Trout Brook Interceptor or other components of the District’s MS4 if the connection will cause or exacerbate water conveyance, or structural problems in the system, including but not limited to surcharging and flooding.

2.

REGULATION. This Rule shall apply to all water entering the storm drain system of the District’s MS4 generated on any developed and undeveloped lands unless explicitly exempted by the District. A permit and stormwater management plan is required under this rule for new direct connections, replacement of existing connections, changes to existing hydrology, or other impacts to the Trout Brook Interceptor, the District’s MS4, or its easements.

3.

CRITERIA. (a)

Connection to the District’s MS4 System.

(1) New direct connections and replacement of existing connections will be completed using a method that is approved by the District.

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(2) Peak flow rate, the total volume of flow, and the timing of the flow for new connections must be managed to not cause new water conveyance problems or exacerbate existing water conveyance problems in the Trout Brook Interceptor. Enlargement of existing connections is considered a new connection. (b)

Discharge Prohibitions.

(1) Prohibition of Illegal Discharges. No person or political subdivision shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

(2) Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system without a District permit is prohibited. (i) 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. (ii) A person is considered to be in violation of this Rule if the person connects a line conveying sewage to the District’s MS4, or allows such a connection to continue.

(c)

Suspension of MS4 Access.

(1) Suspension due to Illicit Discharges in Emergency Situations. The District may, without prior notice, suspend MS4 discharge access when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the District’s MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the District may take such steps as deemed necessary to prevent or minimize damage to the District’s MS4 or Waters of the United States, or to minimize danger to persons or the environment.

(2) Suspension due to the Detection of Illicit Discharge. Any person discharging to the District’s MS4 in violation of this Rule may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The District will notify a violator of the proposed termination of its MS4 access. The violator may petition the District for

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a reconsideration and hearing. A person commits an offense subject to enforcement if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the District. (d)

Monitoring of Discharges.

(1) Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.

(2) Access to Facilities. (i) The District shall be permitted to enter and inspect facilities subject to regulation under this Rule as often as may be necessary to determine compliance with this Rule. The discharger shall make the necessary arrangements to allow access to representatives of the District. (ii) Facility operators shall allow the District ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (iii) If the District has been refused access to any part of the premises from which stormwater is discharged, then the District may seek issuance of a search warrant from any court of competent jurisdiction.

(e)

Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management Practices.

(1) The owner or operator of a commercial or industrial establishment 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. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required by the District to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system.

(f)

Watercourse Protection.

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(1) Every person owning property through which a watercourse passes, shall keep and maintain that part of the watercourse within the property free of trash, debris, 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. (g)

Notification of Spills.

Notwithstanding 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 result or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the 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 release. In the event of a release of nonhazardous materials, said person shall notify the District in person or by phone or facsimile no later than the next business day following discovery of the release.

(h)

Enforcement.

(1) Notice of Violation. Whenever the District finds that a person has violated a prohibition or failed to meet a requirement of this Rule, the District may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (i) The performance of monitoring, analyses, and reporting; (ii) The elimination of illicit connections or discharges; (iii) That violating discharges, practices, or operations shall cease and desist; (iv) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (v) Payment of a fee to cover administrative and remediation costs; (vi) The implementation of source control or treatment BMPs.

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(2) Abatement. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

(3) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the District. The notice of appeal must be received within 5 days from the date of the Notice of Violation. Hearing on the appeal before the District Board of Managers shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the District shall be final.

(4) Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 3 days of the decision of the District Board of Managers, then representatives of the District are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the District or its agents to enter upon the premises for the purposes set forth above.

(5) Cost of Abatement. The District may assess costs of abatement.

Within 30 days after abatement of the violation, the District shall notify the property owner of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(6) Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Rule. If a person has violated or continues to violate the provisions of this Rule, the District may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(7) 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 Rule is a threat to CRWD RULES

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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.

(8) Relation to Other Rules. None of the enforcement provisions of this Rule shall abridge or alter the right of the District to seek remedies provided for under Rule H herein.

4.

5.

EXHIBITS. The following exhibits must accompany the permit application.

One set, full size; one set, reduced to 11”x17”; and a copy of all submittals in electronic .pdf format. (a)

Property lines and delineation of lands identifying ownership and easements.

(b)

Proposed and existing stormwater facilities’ location, alignment and elevation.

(c)

Identification of existing and proposed site contour elevations with at least a 2-foot contour interval.

(d)

Construction plans and specifications of the proposed connection, including design details, connection method, and timing of connection.

(e)

Stormwater runoff volume and rate analysis for the 2-, 10-, and 100-year critical events, existing and proposed conditions.

(f)

Narrative addressing incorporation of stormwater BMPs.

(g)

On-site soil boring indicating soil type.

(h)

Construction dewatering plan and construction water control and treatment plan.

EXCEPTIONS. (a)

The following discharges are exempt from discharge prohibitions established by this Rule: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less

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than one PPM chlorine), fire fighting activities, street wash water and any other water source not containing Pollutants. (b)

Discharges specified in writing by the District as being necessary to protect public health and safety.

(c)

Dye testing is an allowable discharge, but requires a verbal notification to the District prior to the time of the test.

(d)

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 Federal Environmental Protection Agency, provided that the discharger is in full 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.

Rule H:

ENFORCEMENT

1.

MISDEMEANOR. A violation of these Rules, an order, or stipulation agreement made, or a permit issued by the District is a misdemeanor subject to penalties as provided by Minnesota law.

2.

METHOD OF ENFORCEMENT. The District may exercise all powers conferred upon it by Minnesota Statutes Chapter 103D. A rule, order, or stipulation agreement made or a permit issued by the District may be enforced by criminal prosecution, injunction, action to compel performance, restoration, abatement, and other appropriate action.

3.

PERMIT REQUIREMENT. Pursuant to the terms of the permit, the District may issue a cease and desist order when it finds that a proposed or initiated activity or project presents a serious threat of soil erosion, sedimentation, or an adverse effect upon water quality or quantity, or violates any rule of the District.

4.

ATTORNEY FEES AND COSTS. In any civil action arising from or related to these Rules, an order or stipulation agreement made or a permit issued or denied by the District, the court may award the District reasonable attorney fees and costs.

5.

ILLICIT DISCHARGE. In addition to the remedies provided for in this Rule, the enforcement of Rule G shall be governed by Rule G(3)(h).

Rule I:

VARIANCES

CRWD RULES

4/18/2012

36

1.

WHEN AUTHORIZED. The Board of Managers shall have the power to grant variances from these Rules where they find that extraordinary and unnecessary hardships may result from strict compliance with these Rules; provided that such variances will not have the effect of nullifying the intent and purpose of these Rules and the overall plan of the District as adopted.

2.

PROCEDURE. (a) The Board of Managers will not consider a variance for Rule C until the applicant has completed all of the steps of the alternative compliance section in Rule C. (b) A written request for a variance shall be submitted to the District at least 12 calendar days prior to a regularly scheduled meeting date of the Board of Managers stating the exceptional conditions and the peculiar difficulties claimed. (c) The request shall be referred to the Board and they shall review the request within 30 days of the date the request was filed with the District. (d) In considering requests for variances, the Board shall consider the effect of the proposed variance upon the entire District and the anticipated effect of the proposed variance upon the overall plan of the District as adopted. (e) If the Board determines that the special conditions which apply to the structure or land in question are peculiar to such property, and do not apply generally to other land or structures in the District and that the granting of a variance will not in any way impair or be contrary to the intent of these Rules and the overall plan of the District as adopted; the Board may grant such variances and impose conditions and safeguards to insure compliance with these Rules and to protect adjacent property. (f) Variances may be denied by Motion of the Board and such Motion shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six months from the date of said denial, except on grounds of new evidence or proof of change of conditions found to be valid by the District.

3.

TERM. The term of a variance shall be concurrent with the associated permit.

4.

VIOLATION. A violation of any condition set forth in a variance shall be a violation of the District rules, and shall automatically terminate the variance.

Rule J:

SEVERABILITY

CRWD RULES

4/18/2012

37

If any provision of these Rules is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Rules shall not be affected thereby.

CRWD RULES

4/18/2012

38

PERMIT GUIDANCE AND INFORMATION HANDBOOK

Updated April 2015

The information in this handbook should be used in conjunction with the Watershed District Rules and not used as a stand stand alone item. This handbook will be periodically updated. updated.

1

Rule B: Permit Process Guidance When is a permit required?

A permit is required from the District when one or more of the following conditions are met. Potential applicants are encouraged to call District staff to verify permit requirements or with any questions: Rule C – Stormwater Management Any land disturbing activity or the development of land one acre or greater, or 10,000 square feet adjacent to a water body, unless specifically exempted by Rule C. Rule D – Flood Control Any alteration or fill of land below the 100-year flood elevation or land disturbing activity. Developments permitted under other District Rules must comply with relevant freeboard requirements for proposed and existing building structures Rule E – Wetland Management Any activity that may fill, drain, excavate or otherwise alter the character of a wetland, unless specifically exempted

by Rule E. Developments permitted under other District Rules must comply with wetland buffer requirements.

Rule F – Erosion and Sediment Control Any land disturbing activity or the development of land one acre or greater, within the 100-year floodplain and greater than 1,000 square feet or is adjacent to a public water or protected wetland and greater than 1,000 square feet.

Rule G – Illicit Discharge and Connection Any direct connections, replacement of existing connections or significant changes to hydrology enteringthe Trout Brook Storm Sewer or other components of the District MS4.All non-stormwater discharges entering the storm drain system generated on any developed or undeveloped lands are prohibited unless specifically exempted by Rule G.

What is the application timeline?

The Board of Managers holds its regular monthly meetings on the first and third Wednesdays of each month, at 6:00 pm, at the District office located at 1410 Energy Park Drive, Suite 4, St. Paul, MN. A complete permit application package must be filed with the District at least 21 calendar days prior to the scheduled meeting date of the Board of Managers to be considered for inclusion on that meeting agenda. Late or incomplete submittals will be scheduled to a subsequent meeting date. To allow time to resolve questions and make necessary revisions, the District recommends that applications be submitted earlier depending on the complexity of the project.

What are the actions that can be taken by the Board of Managers on my permit application?

District staff will make a recommendation to the Board. The Board may: deny, approve, conditional approval pending receipt of changes, or table the permit application.

2

Rule C: Stormwater Management Guidance What am I required to do for stormwater management?

Applicants are required to meet three standards pertaining to stormwater management on their site. The following computer modeling programs will be accepted: HydroCAD, XP SWMMM, and TR-20. Other programs will be accepted as approved by the District.

1. Rate Control – Runoff rates shall not exceed existing runoff rates for the 2-year, 10-year, and 100-year critical storm events using Atlas-14 rainfall magnitudes 2. Volume Reduction – Stormwater runoff volume reduction shall be achieved onsite in the amount of 1.1 inches of runoff from the new and newly reconstructed impervious surfaces.

3. Water Quality – Developments must incorporate effective non-point source pollution reduction BMPs to achieve 90% total suspended solids removal from the runoff generated by a NURP water quality storm (2.5” rainfall), or on an annual basis.

What if I am not able to infiltrate on my site?

Rule C includes a table that lists possible site conditions that may make it impossible or undesirable to infiltrate stormwater. If those conditions exist on your site and you submit documentation, you may follow the alternative compliance sequencing steps in order to determine the best way to meet the volume reduction standard.

What is Alternative Compliance Sequencing?

The alternative compliance sequencing process includes three steps that must be followed in order to meet the volume reduction standard. The sequencing steps to be followed are: 1. First, the applicant shall comply or partially comply with the volume reduction standard to the fullest extent practicable on-site through alternative volume reduction methods. See the questions below for more information.

2. Second, the applicant shall meet the volume reduction standard at an offsite location or through the use of qualified banking credit.

3. Third, as a last alternative, the applicant shall pay into the District’s Stormwater Impact Fund to cover the cost of implementing volume reduction elsewhere in the watershed.

What are some examples of alternative volume reduction BMPs? Infiltration of stormwater is often the first choice for applicants to achieve volume reduction on their site. But there are other techniques to reduce volume that do not rely solely on infiltration. They are good alternatives whether or not you are able to infiltrate. Below is a list of possible alternative volume reduction BMPs. This list is not meant to be all-inclusive, but only an idea of other alternatives. All of these techniques can be found on the Minnesota Stormwater Manual Wiki.

Bioretention (rain gardens with underdrains) Vegetated Swales Stormwater Harvest and Reuse

Green Roofs/Roof Gardens Iron-Enhanced Sand Filters Sand and other Media Filter

The District will consider credits towards the volume reduction standard as follows: • Filtration practices shall be credited at 55%. For filtration practices, only the storage volume provided below the low outlet of the BMP will be credited towards the volume reduction requirement (perforated drain pipes for filtration will not be considered the low overflow outlet).

3

• Iron enhanced sand filtration systems shall be credited at 80%. Other enhanced systems shall be allowed and credited as approved by the District. • Stormwater reuse systems shall be allowed at an approved credit as calculated by the Stormwater Reuse Calculator found in the application guidance materials, or other approved calculator

Applicants are also encouraged to use Low Impact Design (LID) techniques to reduce and/or disconnect impervious surfaces.

Where do I find design guidance for stormwater BMPs? The Minnesota Stormwater Manual is now in Wiki format and provides the most recent information for stormwater BMP design, construction, and maintenance guidance. A wealth of information is available for developers and engineers planning and designing a development site.

How do I determine if the pretreatment I am providing is adequate?

Infiltration BMPs require varying degrees of pretreatment of stormwater runoff in order to remove solids and maintain the long-term viability of the infiltration areas. Because the degree needed for pretreatment depends largely on the BMP used and the area draining to the BMP, one standard cannot be written to cover all situations and BMPs. General guidance on pre-treatment for surface practices can be found within the Minnesota Stormwater Manual. Pretreatment practices for underground BMPs can vary from structures with sumps to proprietary devices and isolator rows. Modeling software such as SHSAM and P8 should be used to estimate annual removals for TSS. Designers should implement appropriate pre-treatment BMPs to achieve a minimum annual removal efficiency of roughly 15% TSS using the NURP particle size distribution.

What is required for long term maintenance?

All stormwater management BMPs require maintenance to assure that the structures and facilities function as originally designed. Rule C requires that a maintenance agreement between the District and the responsible party and be executed and recorded with the property. Agreements must be recorded with Ramsey County by the applicant, and a copy of the recorded declaration submitted to the District prior to a permit being issued. Stormwater BMPs on public developments may be covered with a single Memorandum of Agreement that for all permitted facilities within the political subdivision’s jurisdiction.

Rule D: Flood Control Guidance What is the definition of floodplain?

Floodplain is the area adjoining a watercourse or natural or man-made water body, including the area around lakes, marshes and lowlands that is inundated during a 100-year flood.

What is required if I want to fill or build in a floodplain?

No placement of fill within the 100-year floodplain is allowed unless compensatory storage is provided.

Compensatory storage must be provided on the development or immediately adjacent to the development within the affected floodplain. Compensatory storage shall result in the creation of floodplain storage to fully offset the loss of storage.

Are there freeboard requirements requirements that need to be met?

Yes. Please reference Table 3 in Rule D for more information on the freeboard requirements that must be met.

4

Are there any other requirements?

Rule D also requires that emergency overflow swales or areas be constructed to convey the peak 100-year discharge away from buildings and from each water body to the next downstream water body. Typically, the swales should be a minimum of ten feet wide and one foot deep and be lined completely with a permanent soil stabilization material.

Rule E: Wetland Management Guidance How do I know if I have a wetland on my property?

Wetlands may exist on your site even if you do not see standing water. Staff has identified the location of most of the wetlands in the District by completing a wetland inventory. Although the wetlands in the District were identified and classified they were not delineated. While most of the wetlands have been located, there still may be other areas that are considered wetlands even if not on our map. The District map should only be considered a starting point for determining if wetlands exist on your site.

What if I want to impact a wetland on my site?

The District’s Wetland Management Rule adopts by reference the Wetland Conservation Act (WCA), with the following exceptions: (1) The de minimis size will be zero.

(2) Flexibility Sequencing will not be allowed.

(3) All other WCA non-temporary impact exemptions to wetlands will not be allowed.

(4) All wetland replacements shall be within the District’ boundaries.

(5) A 25-foot buffer of permanent non-impacted vegetative cover abutting and surrounding the wetland is required.

The Wetland Management rule and WCA require project applicants to complete a sequencing analysis before proposing to drain, fill, or excavate wetlands by completing the following steps: Attempt to avoid direct and indirect impacts to wetland; Minimize impacts to wetlands by limiting the degree or magnitude of wetland activity; Rectifying temporary impacts by repairing, rehabilitating, or restoring the affect wetland; Reducing or eliminating impacts to wetlands over time by preserving the wetlands through proper maintenance, management, and operation of the project to avoid further draining or filling of wetlands, and 5. Replace unavoidable wetland impacts by replacing with wetland areas of equal or greater public value.

1.

2.

3.

4.

A separate WCA application form and process is required for projects proposing to impact a wetland. District staff should be contacted early to start that process.

Wetland buffers are required for all developments adjacent to a wetland whether or not the wetland is located on the same parcel as the proposed development. .

Am I able to grade or otherwise disturb the land in the buffer areas?

The required buffers are not to be disturbed. Generally, they may not be graded and stormwater management BMPs may not be placed in them. In areas where the buffer is unacceptable and has high restoration potential, grading may be allowed as long as the required buffer width is achieved post construction with the restoration of a native buffer.

5

Rule F: Erosion and Sediment Control Guidance What is required for erosion and sediment control?

The District requires an applicant to submit an erosion and sediment control plan and comply with the following criteria: 1. Erosion and sediment control plans shall comply with the standards of the Minnesota Pollution Control Agency’s NPDES General Construction Permit except where more specific requirements are required.

2. All controls shall be installed before commencing the land disturbing activity and shall not be removed without District approval or until the District has issued a certificate of completion.

3. The permittee shall be responsible for proper operation and maintenance of all controls until the site has undergone final stabilization and has received an approved certificate of completion.

Are there manuals available for choosing erosion and sediment control BMPs or design of plans?

The Minnesota Pollution Control Agency (MPCA) Stormwater Program for Construction Activity website is regularly updated and contains guidance for permitting, compliance, and Storm Water Pollution Prevention Plan creation. Additionally, the MPCA manual titled, “Protecting Water Quality in Urban Areas” is a good tool for choosing best management practices and design guidance. The manual can be found on the MPCA website at http://www.pca.state.mn.us/water/pubs/sw-bmpmanual.html .

Rule G: Illicit Discharge and Connection What do I need to do to connect to the Trout Brook Interceptor or other parts of the District MS4 system?

New direct connections and replacement of existing connections require a permit to be obtained from the District.

The connections must be done using a method that is approved by the District. Peak flow rate and the total volume of flow for new connections must be managed to not cause new water conveyance problems or exacerbate existing water conveyance problems in the Trout Brook Interceptor. Enlargement of existing connections is considered a new connection.

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Appendix B: Summary Center for Watershed Protection Desktop Assessment for Locating Potential Generating Sites

IDDE Program

Page 37 of 41

1 Desktop Assessment for Locating Potential Generating Sites The simple desktop assessment method (method) described by the Center for Watershed Protection (CWP) for identifying potential generating sites is a great process for the District to integrate into the IDDE Program. This comprehensive approach, as presented in the CWP Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments and summarized below (CWP & Pitt, 2004), is a recommended future activity necessary to proactively identify potential generating sites.

The method, which uses mapping and other available data to determine the potential severity of illicit discharges within subwatersheds, involves the following five elements:     

delineates subwatersheds or other drainage units (sewersheds or catchment areas) within the District compiles available mapping and data for each drainage unit (e.g., land use, age, outfalls, and infrastructure history) derives subwatershed discharge screening factors, as defined below, using Geographic Information Systems (GIS) analysis screens and ranks illicit discharge potential at the subwatershed and community levels generates maps to support field investigations

1.1 Step 1: Delineate subwatersheds Given the nature of the Trout Brook watershed, it is recommended to delineate sewersheds or catchments to key discharge points. The District’s MS4 web-based tool contains an inventory of all pipes and structures within the District’s boundary, and it appears key catchments have been delineated. This task has been completed by the District, but it should be reviewed if drainage patterns change.

1.2 Step 2: Compile available mapping layers and subwatershed data Following the completion of Step 1, acquire and compile existing data in GIS. A list of data layers to acquire for the method is provided in Table 1-1. Most of the data can be obtained from public works departments and departments of transportation. The information obtained should be clipped to the Trout Brook watershed and must be projected in the same coordinate system.

Table 1-1. Useful Data for the Desktop Assessment (CWP & Pitt, 2004)

Optional

Recommended

Data

Aerial photos or orthophotos Subwatershed or catchment boundaries Hydrology that includes piped streams Land use or zoning NPDES stormwater permittees Outfalls Sewer system, 1” = 200’ scale or better Standard industrial classification codes for all industries Storm drain system, 1” = 200’ scale or better Street map or equivalent GIS layers Topography (2-foot contours or better) Age of development As-builts or construction drawings Condition of infrastructure Field inspection records Depth to water table and groundwater quality Historical industrial uses or landfills Known locations of illicit discharges (current and past) Outfall and stream monitoring data Parcel boundaries Pollution complaints Predevelopment hydrology Sanitary sewer infiltration and inflow (I/I) surveys Septic tank locations or areas served by septic systems Sewer system evaluation surveys

Likely Format Digital map Digital or hardcopy map Digital or hardcopy map Digital or hardcopy map Digital data or map Digital or hardcopy map Digital or hardcopy map Digital or hardcopy data Digital or hardcopy map Digital or hardcopy map Digital or hardcopy map Narrative data Hardcopy map Narrative data Hardcopy or digital data Digital data or maps Narrative data or hardcopy map Narrative data or digital map Digital data Digital or hardcopy map Narrative data Narrative data or hardcopy map Hardcopy or digital data Hardcopy or digital map Hardcopy or digital data

1.3 Step 3: Compute discharge screening factors The third step of the method defines and computes discharge factors to screen catchments (subwatersheds) based on their illicit discharge potential (IDP). Table 1-2 defines discharge factors, which should be characterized as (a) low, no known illicit discharge problems; (b) medium, problems confined to specific sites; or (c) high, problems suspected to be severe.

Table 1-2. Modified Defining Discharge Screening Factors (CWP & Pitt, 2004) Discharge Screening Factors 1. Past discharge complaints and reports

2. Poor dry weather water quality

Defining and Deriving the Factor Frequency of past discharge complaints, hotline reports, and spill responses per subwatershed. Any subwatershed with a history of discharge complaints should automatically be designated as having high IDP. Otherwise, no complaints should be designated as having low IDP. Frequency of individual samples of dry weather water quality exceeds benchmark values for bacteria, nutrients, conductivity, or other predetermined indicators. It is a high risk if two or more exceedances are found in any given year. Medium and low IDP would characterize exceedances of one or zero, respectively.

Discharge Screening Factors

Defining and Deriving the Factor

3. Density of generating sites or industrial NPDES stormwater permits

Density of more than five industrial NPDES stormwater sites per square mile indicates high IDP. Density is determined by screening business or permit databases. Medium and low IDP would characterize one to four or no industrial NPDES stormwater sites, respectively.

4. Stormwater outfall density

Density of mapped stormwater outfalls in the subwatershed expressed as the average number per stream or channel mile. A density of more than 20 outfalls per stream mile indicates high IDP. (This is not applicable in the District.)

Defined as the average age of the majority of development in a subwatershed. High IDP may be indicated when subwatershed development is more than 50 years old, medium IDP may be indicated for a 20- to 50-year-old development, and low IDP may be indicated if a development is fewer than 20 years old. The average age can be determined from tax maps and parcel data or from other known information about neighborhoods.

5. Age of subwatershed development

6. Sewer conversion

Subwatersheds that have septic systems but have been connected to the sanitary sewer system in the past 30 years have high IDP. Otherwise, subwatersheds without septic system connections in the past 30 years indicate low IDP.

7. Historic combined sewer systems

Subwatersheds that were once served by combined sewer systems (CSS) but were subsequently separated have a high IDP. Otherwise, subwatersheds without CSS indicate low IDP. Determined from historic zoning, tax maps, and long-term residents. Subwatersheds with more than 5% of their area in industrial sites that are more than 40 years old are considered to have high IDP. Similarly, subwatersheds with 1–4% of their area in industrial sites that are between 10–35 years old indicate medium IDP. Otherwise, subwatersheds with no industrial sites indicate low IDP.

8. Presence of older industrial operations

9. Aging or failing sewer infrastructure

Defined as the age and condition of the subwatershed sewer network. High IDP is indicated when the sewer age exceeds the design life of its construction materials (e.g., 50 years) or when clusters of pipe breaks, spills, overflows, or I/I are reported by sewer authorities. Medium and low IDP would characterize subwatershed sewer networks aged 10–49 years or 1–9 years, respectively.

10. Density of Aging Septic Systems

Subwatersheds with a density of more than 100 older drain fields per square mile are considered to have high IDP. The density is determined from analysis of lot size outside of sewer service boundaries. (This is not applicable in the District.)

1.4 Step 4: Screen and rank illicit discharge potential at the subwatershed level This step in the method provides the screening and ranking on subwatersheds. The three steps in the process are presented below. Additionally, an automated prioritization spreadsheet was developed to help with the process and is available by contacting the District Regulatory Division Manager Forrest Kelley. An example is provided below in Table 1-3.

1. Select the group of screening factors that apply to most of Trout Brook and assign relative weights. For Trout Brook, discharge screening factors 1, 2, 3, 5, 7, 8, and 9 are applicable screening factors. All screening factors will receive equal weight.

2. Using the applicable screening factors, each subwatershed will be assigned points based on its respective IDP (1, 2, or 3 for low, medium, and high, respectively) for each screening factor.

3. Compute the raw IDP scores per subwatershed and normalize them.

Table 1-3. Prioritizing Subwatershed Using IDP Screening Factors (CWP & Pitt, 2004)

Past discharge complaints/reports (total number logged) Subwatershed A

8 (2)

Subwatershed B

3 (1)

Subwatershed C Subwatershed D Subwatershed E

Poor dry weather water quality (% of times bacteria standards are exceeded) 30% (2)

Average age of development (years)

Raw IDP score

Normalized IDP score

40 (2)

6

2

15% (1)

10 (1)

3

1

13 (3)

60% (3)

75 (3)

9

3

1 (1) 5 (1)

25% (1) 15% (1)

15 (2) 20 (1)

4 3

1.33 1

1.5 Step 5: Generate maps to support field investigations The final step is to generate a map that indicates high, medium, and low priority areas for use in the field reconnaissance inspections. Using the normalized IDP scores, each subwatershed will be labeled high, medium, or low using a color key in GIS. High represents normalized IDP scores between 2–3, and medium and low represent normalized IDP scores between 1–2 and 0–1, respectively. An example of a map generated using this method is presented in Figure 1-1.

Figure 1-1: Example of an Illicit Discharge Potential Subwatershed Map (CWP, 2004)

Key: Low IDP risk Medium IDP risk High IDP risk

Appendix C: Capitol Region Watershed District: Storm Sewer System Observation Field Sheet

IDDE Program

Page 38 of 41

STORM SEWER SYSTEM OBSERVATIONS FIELD SHEET Section 1: Background Data Today’s Date/Time: Temperature (°F): Site Location: Latitude: Pictures Taken?

Yes No Land Use in Drainage Area: Industrial Ultra-Urban Residential Suburban Residential Commercial Notes:

Staff: Rainfall (in.) in last 48 hours: Longitude: Camera: Open Space Institutional Other: Known Industries:

Section 2: Storm Sewer Description Material RCP PVC Steel

CMP HDPE Other:

Flowing?

Yes

No

Shape Circular Elliptical Box Other: If present:

Dimensions Diameter (ft): Length (ft): Width (ft):

Single Double Other: Trickle

Moderate

Substantial

Section 3: Flow and Water Chemistry Parameter Water Level (ft) Velocity (fps) Flow (cfs) Water Temperature (°F) pH Specific Conductivity

Result

Section 4: Physical Indicators for Flowing Storm Sewers Indicator Odor

Color

Check if Present

Description Sewage Sulfide Storm Clear Brown Gray Yellow

Relative Severity Index (1 – 3)

Rancid/sour Petroleum Other: Green Orange Red White

1– Faint colors in sample bottle

Suds

1– Slight cloudiness 1– Few/slight; origin not obvious

Turbidity Floatables (do not include trash)

Sewage (toilet paper, etc.)

Oil sheen

1-Faint

Other:

2 – Easily Detected 2– Clearly visible in sample bottle 2Cloudy 2– Some; indications of origin

3– Noticeable from a distance 3– Clearly visible in outfall flow 3Opaque 3– Some; origin clear

Storm Sewer System Observation Field Sheet Page 2 of 2 Section 5: Physical Indicators for Both Flowing and Non-Flowing Sewers Indicator

Check if Present

Outfall Damage Deposits/Stains Abnormal Vegetation Poor Pool Quality

Pipe Benthic Growth

Description

Comments

Spalling, cracking or chipping Corrosion Oily Paint Excessive Odors Colors Floatables Oil sheen Brown Orange

Peeling paint Flow line Other: Inhibited Suds Excessive algae Other: Green Other:

Section 6: Overall Sewer Characterization for Illicit Discharges Unlikely

Potential (presence of 2 or more indicators)

Suspect (one or more indicators w/severity of 3)

Obvious

Section 7: Data Collection

1. Sample for the lab: Yes No 2. Sample type: Composite Grab 3. Intermittent flow trap set?

Yes No

If yes, type:

Section 8: Any Non-Illicit Discharge Concerns: Comments (i.e., trash):

OBM

Caulk dam

Appendix D: Illicit Discharge Documentation Tracking

IDDE Program

Page 39 of 41

Background This guidance was prepared by the Minnesota Pollution Control Agency (MPCA) for municipal staff to document reports and observations of illicit discharges to their municipal separate storm sewer system (MS4). Properly filling out the Template tab of this document will meet the MS4 General Permit requirements related to documenting information for reported and discovered illicit discharges [MS4 General Permit Part III.D.3.h.(2)(6)].

Instructions For every illicit discharge discovered by municipal staff and for reports (e.g. complaints, referrals) of illicit discharges received, fill out all columns of the Template tab. You may add more columns to track information for your own internal purposes.

MS4 Name: Type of report (discovery Date of discharge (if or complaint) Date of report known)

Location of illicit discharge (outfall, surface water, etc.)

Report description

Source of discharge (if known)

Follow-up action description

Follow-up action date

Result of follow-up action

Appendix E: Illicit Discharge Detection and Elimination Sample Outreach Materials

IDDE Program

Page 40 of 41

We all live downstream.

Rainwater that runs over the land can pick up dirt, oil, pesticides, bacteria, and fertilizers and wash them into our ditches, rivers, and estuaries. This form of pollution has become America’s greatest threat to surface water, and is known as STORMWATER POLLUTION. Learn more about what you can do to prevent strormwater pollution online at carolinaclear.clemson.edu.

Sample Letter to Accompany Business Self-Inspection Checklist Town of XXX Address Phone number Date Dear Business Owner, The issue of stormwater might seem like a low priority, given all that you have to do. However, it is an issue that is becoming increasingly important, given the need to protect our local water resources. Recently, the issue also has become very relevant for the business community, as [town/city] passed ordinance [number] on [date of passing]. This ordinance deals with illicit discharge detection and elimination and includes specific requirements for commercial and industrial facilities in [town name] that have access to the municipal storm drain system.

Access to the storm drain system can occur either on the commercial or industrial property directly though storm drains or when runoff from your site flows into a storm drain located off site.

Stormwater runoff is the water that collects on your site during a rain storm and generally flows to a storm drain. Any surface where water doesn’t go into the ground has the potential to cause storm water runoff, including: parking lots, building roofs, sidewalks, and roads. Stormwater picks up oil and grease, trash, pesticides, gasoline and anything else that has collected on parking lots, building roofs and roads. This dirty water then flows directly into local waters without treatment.

The ordinance targets illegal interconnections with the storm drain system.

Because water the flows into the storm drain discharges directly to wetlands, streams, lakes and the Bay without treatment of any kind, it contributes to nuisance flooding, beach closures, contamination of drinking water supplies and other environmental problems, costing every tax payer money each year. This ordinance is part of an overall federal government mandate to regulate stormwater discharges.

The attached business self-inspection checklist provides an overview of the activities that your business should review to be in compliance with the new ordinance. Most of these activities are low cost tasks that you may already be doing. A meeting has been scheduled with the town/city on [date and time] at [location] to discuss this ordinance further and answer any questions you may have. Please RSVP to [name and phone and email] if you are interested in attending this meeting.

Sample Letter to Accompany Business Self-Inspection Checklist If you have any further questions regarding the ordinance or your responsibilities under this ordinance please contact [name, phone, email] or visit our website at [web address]. The full text of the ordinance [ordinance name and number] is available on our website at [web address] or by contacting [name, phone and email].

Sincerely,

Attachments: Business Self-Inspection Checklist

Illicit Discharges and Connections Construction Site Fact Sheet No. 2

What Is An Illicit Discharge?

An illicit discharge is any discharge to your construction site or drainage system that is not comprised entirely of stormwater.

Storm drain systems typically do not have filters or treatment, so pollutants go directly to the waters Rhode Islanders use for drinking, fishing, swimming, and boating.

Discharges from Construction Sites Construction sites often contribute illicit discharges that may go unnoticed. As stormwater flows over a site, it can pick up sediment, chemicals, and debris.

Illicit discharges from construction sites can include:       

Sediment tracked offsite Runoff from stockpiles Concrete washout Paint and stucco washout Hydraulic fluid leaks & fueling overflows Trash and construction wastes Fertilizer/pesticides used on site

Concrete washout pollution, an example of an illicit discharge, is flowing directly into a storm drain on this RIDOT site.

How Can They Be Prevented?

Following the project’s site‐specific Soil Erosion and Sediment Control Plan (SESC) or Stormwater Pollution Prevention Plan (SWPPP) is critical to keeping illicit discharges from occurring. Examples of Control Measures that can prevent illicit discharges include:

If you see any of these signs, take measures to STOP the discharge ASAP. Contact RIDEM for assistance.

     

Keep soil stockpiles covered Dispose of concrete washout properly Use graveled construction entrances to enter and exit the site Keep trash contained and covered Dispose of chemicals and waste materials properly Clean up hydraulic fluid leaks and other spills immediately

How Is An Illicit Discharge Different From A Spill?

A spill is an unintentional release of a non‐stormwater substance to a water of the state, a stormwater drainage system or property that is related to a single event. Many times, spills are associated with emergency situations such as an automobile accident spilling oil or other automotive fluids onto the highway surface and potentially flowing into the stormwater system.

Produced by RI Stormwater Solutions with support from the RI Department of Transportation and the RI Department of Environmental Management.

What Is An Illicit Connection?

An illicit connection is any unauthorized pipe, ditch, or other manmade structure that is physically connected to a property or drainage system. These are often found during construction.

Examples might include:  

Sanitary wastewater pipe that is directly connected from a home or business to a storm drain system A shop floor drain that is connected to a storm drain system

Sewer camera photo showing illicit connection (left) to storm drain.

Typical pollutants found in flows coming from illicit connections include: raw sewage, heavy metals, oil and grease, solids, detergents, chlorine, potassium, ammonia and nutrients. Raw sewage typically includes fecal coliform bacteria, which may cause public health concerns.

Discharges from illicit connections occur during wet weather and dry weather. During dry weather, the pollution effects of local waters can be severe because the discharge is not diluted in the storm sewers before it reaches the water body.

What Do I Look For?     

Unidentified piping materials connected to the storm sewer system like PVC piping Pipes leading into the storm sewer system from private homes and businesses Abnormal flow during dry weather periods Odors coming from the storm sewer system Any of the following in the storm sewer system: discolored water, floatables, suds, oil, staining and residues.

Stormwater discharge to roadway system found during construction. If allowed to remain, additional flow must be managed.

Sump pump connection to a storm drain

What Do I Do If I Find One? Call the RIDEM ‐ Office of Customer and Technical Assistance 401‐222‐6822

Adapted from Washington State Department of Transportation and the Town of Livonia, Michigan IDDE factsheets

Guide To Materials Restaurants

1. Manager Checklist POSTER N N TI O AT TE G E R S A MAN

Is the grease from your restaurant handled appropriately?

A few considerations regarding your grease bin can have a positive impact on your profit and a significant effect on our environment. Ask yourself the following questions regularly:

1.

Is your grease bin emptied before it overflows?

2. Is the lid kept securely shut?

3. Is your grease bin easily accessible and located in a well-lit area?

2. Employee POSTER

Place somewhere that the managers frequently pass through - such as in or around a back office.

Place near the back kitchen door leading out to the grease bin.

4. Have all staff been trained in proper grease management?

Staff training video available at the Carolina Clear YouTube Channel and www.clemson.edu/carolinaclear.

3. Fines POSTER op

Improper Grease Disposal Is a slippery sl ----------------

e

YOUR RESTAURANT COULD FACE FINES OF

4. STICKERS

Place near the back kitchen door leading out to the grease bin.

$1,000 per day AND

$20,000 in clean up fees DUE TO IMPROPER DISPOSAL OF FATS, OILS, AND GREASE

^Stick on to the outdoor grease bin where it

------------------------ONLY RAIN down the drain!

Please handle FATS, OILS, AND GREASE

is visible even when the lid is open. Be sure surface is completely dry before sticking.

with care!

www.clemson.edu/carolinaclear

5. Refrigerator MAGNET

< Stick onto the kitchen

Place on the refrigerator or freezer in the kitchen.

sink that is connected to the grease trap. If possible, place near faucet and/or hot and cold levers. Be sure surface is completely dry before sticking.

6. Educational HANDOUT The Dangers of

FOG

Tips for Minimizing Problems Associated with FOG 1. Prevent oil spills. Remind kitchen workers to be careful when handling oils and fats.

2. Inform your employees. Talk to employees (perhaps as part of training) about Source: Charleston County Public Works Department

What does FATS, OILS, and GREASE management have to do with your business and local water quality?

FOG (fats, oils, and grease) is a major factor in most kitchens. These cooking by-products come from deep fryers, frying pans, and grills. It is transported by buckets and is washed off of cleaning surfaces, often finding its way down the stormwater drain and being discharged directly to streams, rivers, and the ocean. These by-products are devastating to our environment and lead to compliance issues for restaurants. Below are a few benefits to proper FOG management.

1. Avoid Expensive Repairs.

FOG solidifies around the insides of underground stormwater pipes. This can lead to pipe bursts, overflows, backups, and blockages, which can cost you a lot more money than proper FOG management (this includes steep fines and repair costs up to $20,000). Food service establishments that contribute to FOG buildup in pipes can even face lawsuits.

Source: Charleston County Public Works Department

2. Prevent Pollution.

When FOG accumulates in sewer systems and leads to overflows, sewer waste ends up in lakes, streams, and oceans, causing serious damage to the ecosystem. Furthermore, proper FOG management can help the environment by providing an otherwise wasted source of biodiesel.

Source: Charleston County Public Works Department

3. Prevent inconveniences that are

the importance of proper FOG management and the damaging effects that poor FOG management has on the environment.

3. Recycle or sell used oil. Find a grease handler that will recycle grease instead of throw it away.

4. Clean grease traps regularly. Any sink or floor drains that might take in oil

should be connected to a grease trap or grease separation device. An overly full grease trap does not properly separate grease from water. Clean drain traps at least once a week. Contract a grease handler to remove grease from interceptor tanks at least once every three months.

5. Dry clean FOG.

If you use water to clean up grease, it will ultimately go down the drain. Instead of soaking up grease spills with usable rags that must be washed with water, use food grade paper to wipe up grease.

6. Keep FOG out of garbage disposal. Never put fatty food scraps or oil down a garbage disposal, even if it is connected to a grease trap.

7. Locate grease bins appropriately.

Location, location, location! Ensure that employees can easily access outdoor grease bins and that they are placed in well-lit areas and within reasonable distance of the kitchen door.

8. Schedule for grease bins to be pumped regularly.

Be alert to how full grease containers are and when the grease pumping company is next scheduled to pump.

9. Designate a safe equipment washing area. Kitchen mats, grills, and other equipment should be washed down in an area that does not lead to a storm drain.

Only rain down the drain!

bad for business.

Greasy pipes and parking lots lead to bad odors, rodents, and pest problems.

Source: Charleston County Public Works Department

Please pass these handouts around for your staff to read and consider incorporating them into your staff training. A FREE training video is also now available at the Carolina Clear YouTube Channel.

Sources: 1. Food Service Warehouse 2. Charleston County Public Works Department

Thank you for continuing your efforts towards less runoff pollution and cleaner waters.

YOU can make a difference!

www.clemson.edu/carolinaclear

www.clemson.edu/carolinaclear

Good & Bad •

Stormwater Ordinance

GOOD: Only Rain in the Drain! The water drains to the river.

Leaf & Grass Blowing into Storm Drains Lafayette Parish

BAD: Grass and leaves blown into a storm drain interfere with drainage.

Dirt is also being allowed in our waterways.

Potential Illicit Discharge Sources: •

Sanitary sewer wastewater.

•

Effluent from septic tanks.

•

Laundry wastewater.

•

Improper disposal of auto and household toxics.

•

Industrial byproduct discharge.

Environmental Quality Regulatory Compliance 1515 E. University Ave. Lafayette, LA 70501 Phone: 337-291-8529 Fax: 337-291-5620 www.lafayettela.gov/stormwater

Illicit Discharge (including leaf blowing) Stormwater Ordinance

Stormwater Runoff

Illicit Discharge

Please be advised that the Environmental Quality Division of Lafayette Consolidated Government has recently adopted an

Grass clippings and leaves blown or swept into storm drains or into the street harms waterways and our river. Storm drains flow into coulees and into the Vermilion River.

Grass clippings in the river rob valuable oxygen from our Vermilion River.

is defined by the EPA as:

When leaf and grass clippings enter the storm drain, flooding can occur. Only rain must enter the storm drain. When anything but rain goes down the storm drain, it can become a drainage problem.

Signs of Potential Illicit Discharge

Illicit Discharge (including leaf blowing) Stormwater Ordinance Chapter 34. ENVIRONMENT Article 5. STORMWATER Division 4 Sec. 34-452 It is now in effect and being enforced. You may access this ordinance online at www.lafayettela.gov or you may call our office at (337) 291-8529 and we will send you a copy by mail.

The purpose of this ordinance is to provide for the health, safety, and general welfare of Lafayette Parish citizens by regulating, to the maximum extent practicable as required by state and federal law, discharges of unacceptable materials (example: oil, dirt, debris) into the storm drainage system.

Grass clippings left on the ground improve the health of the lawn itself. There is no excuse for sweeping grass and/or leaves into the storm drains or waterways. Stormwater runoff from lawn maintenance is a contributor of water pollution and can harm water bodies by: •

Increasing the levels of sediment and suspended solids, which lower oxygen levels in water bodies.

•

Increasing nutrients (nitrogen & phosphorus that are found in washing detergents) that also lower oxygen levels and reduces water quality.

•

Over-applying yard chemicals (fertilizers, pesticides and herbicides) results in them washing away into nearby waterways.

POSSIBLE PENALTIES First Offense: $250.00 per day per offense.

Second Offense: $500.00 per day per offense.

Third Offense and thereafter: $1,000.00 per day per offense.

Any discharge into a municipal separate storm sewer that is not composed entirely of rainwater and is not authorized by permit.

•

Heavy flow during dry weather.

•

Strong odor.

•

Colorful or discolored liquid.

•

Evidence of dumping into waterway.

Things to do around your home •

In your yard, incorporate low maintenance native plants that will require less water, fertilizer and pesticides and therefore can reduce harmful runoff. Use only the amount of pesticide and fertilizer recommended.

•

Wash your vehicle over a grassy area to prevent detergents from running off into storm drains.

•

Do not put grass clippings, leaves, and other yard waste into the storm drain, swale, ditch or coulee.

•

Properly dispose of hazardous materials including paints, antifreeze, other toxic chemicals and recycle oil.

REMEMBER

ONLY RAIN DOWN THE DRAIN!

Stormwater Runoff Stormwater runoff is water from rain or melting snow that does not soak into the ground. It flows from rooftops, paved areas, bare soil, and lawns into storm drains or ditches. Storm sewers and ditches collect stormwater runoff and empty it directly to local bodies of water.

Ideally, stormwater runoff would be free of contaminants. In reality, it picks up pollutants such as animal waste, pesticides, fertilizers, salt, oil and grease, soil and debris and transports them to waterways where they are discharged with no treatment. This is stormwater pollution.

You can identify a storm sewer by the open grates along roadways and within some low‐lying areas.

Storm sewer systems cannot treat polluted water.

Stormwater doesn’t get carried to the wastewater treatment plant. Storm sewers transport rain water and everything in it directly to surrounding rivers, streams, lakes, and other bodies of water.

Examples of Illicit Discharges • Septic Tank Seepage / Illegal Sanitary Connections • Laundry Wastewater / Detergent • Improper Waste Oil Disposal / Auto Fluids Flushing • Home Improvement Waste (e.g. concrete, paint) • Pesticides and Fertilizers

City of Portage, Michigan

• Improper Disposal of Commercial and Industrial Hazardous Waste

Things You Can Do to Protect Water Quality

• Pool / Spa Discharge • Cooking Grease / Household Waste

Signs of an Illicit Discharge

What is an “Illicit Discharge?”

Millers River Watershed Council

An illicit (illegal) discharge is any discharge to a municipal storm sewer system – storm drains, pipes, and ditches – that is not composed entirely of stormwater. Pollutants end up in storm sewer systems in a number of ways, many of which are easily preventable. In some instances, companies or residences have waste pipes tapped into stormwater pipes. In other cases, individuals use the storm drain inlets to dispose of various types of waste. Disposal of anything other than stormwater in storm sewers is illegal!

The point in a storm sewer system where it empties into a body of water is a storm sewer outfall. It may be a pipe or ditch. If the outfall is flowing when there has been no recent rainfall, this may indicate an illicit discharge. Visible sewage waste, foul odor, suds or other evidence of contamination, are indicators that an illicit discharge is contaminating the storm sewer.

• Never dump anything down storm drains • Use lawn and garden chemicals sparingly; sweep up any excess from driveways, sidewalks and roads • Repair vehicle leaks; cover spilled fluids with kitty litter then sweep into household waste • Pick up after your pet and dispose of properly • Control soil erosion on your property by planting ground cover and stabilizing erosion‐prone areas • Keep grass clippings, leaves, litter, and debris out of street gutters and storm drains • Direct downspouts onto grassy areas away from paved surfaces • Use a commercial car wash or wash your vehicle on the grass instead of the driveway

Solid Waste Institute of Northeast Oklahoma

• Dispose of used oil, antifreeze, paints and other household chemicals in an approved manner

Keep an eye out for inappropriate (“illicit”) amounts of discharge from stormwater pipes, especially during dry weather. This could be a sign that there is a problem, and should be reported to your local municipality.

Stormwater Pollution Polluted stormwater degrades our lakes, rivers, wetlands and other waterways. Nutrients such as phosphorus and nitrogen can promote the overgrowth of algae and deplete oxygen. Toxic fluids from automobiles and careless application of pesticides, herbicides and fertilizers threaten water quality and can kill fish and other aquatic life.

Bacteria from animal wastes and improper sanitary sewer connections to storm sewer systems can make lakes and waterways unsafe for wading, swimming, and fish consumption. Eroded soil is a pollutant as well. It clouds the waterway and destroys the habitats of fish and plants.

Illicit Stormwater Discharges Terra Erosion Control, Ltd.

Identifying & Preventing Stormwater Pollution In Your Neighborhood

To report a suspected stormwater discharge violation, call: 1‐844‐DEC‐ECOS (1‐844‐332‐3267) http://www.dec.ny.gov/regulations/393.html

For general stormwater information visit: https://www.dot.ny.gov/divisions/engineering/env ironmental‐analysis/water‐ecology/stormwater‐ management http://www.dec.ny.gov/chemical/8468.html

Illicit Discharge

Bronx River Alliance

Prince William County, VA

How You Can Help ●

DO NOT FEED WATERFOWL! Waterfowl are wild birds that can locate natural food sources throughout the year. Supplemental feeding by people is unnecessary and potentially harmful. ● Educate others about the negative impacts of feeding waterfowl and discourage the practice when possible. ● Contact your local government and encourage the implementation of a no feeding policy in your community. ● Numerous organizations are working together to restore Connecticut’s and the nation’s wetlands, making them beneficial for waterfowl. It is important for all of us to concentrate our efforts on these types of projects because habitat, not feeding, is what guarantees the future of waterfowl. Support the efforts of federal, state, and private organizations to conserve waterfowl and habitat. Volunteer and participate in research that pertains to waterfowl. ● Purchase a Connecticut or federal Duck Stamp from your local city or town hall to help with the purchase and restoration of natural habitat for waterfowl.

According to the Connecticut General Statutes (2627c), funds generated from the sale of Connecticut Duck Stamps can only be used for the development, management, preservation, conservation, acquisition, purchase, and maintenance of waterfowl habitat and wetlands.

Since initiation of the Connecticut Duck Stamp Program in 1993, over 1,700 acres of inland and tidal wetlands have been restored or enhanced and important upland buffer areas associated with wetlands have been acquired.

For more information about waterfowl contact: Connecticut Department of Environmental Protection (www.ct.gov/dep) Wildlife Division 79 Elm Street Hartford, CT 06106 860-424-3011 Waterfowl Program (860-642-7239) United States Fish and Wildlife Service (www.fws.gov)

DO NOT FEED WATERFOWL

Dense congregations of wild ducks, particularly in urban settings, greatly enhance the chances of disease transmission.

You Can Help Waterfowl by NOT FEEDING Them!

The Department of Environmental Protection is an affirmative action/equal opportunity employer, providing programs and services in a fair and impartial manner. In conformance with the Americans with Disabilities Act, DEP makes every effort to provide equally effective services for persons with disabilities. Individuals with disabilities who need auxiliary aids or services, or for more information by voice or TTY/TDD, call 860-424-3000.

The Federal Aid in Wildlife Restoration Program was initiated by sportsmen and conservationists to provide states with funding for wildlife management and research programs, habitat acquisition, wildlife management area development and hunter education programs.

Photos by Paul J. Fusco 1/07

State of Connecticut Department of Environmental Protection Bureau of Natural Resources Wildlife Division

www.ct.gov/dep

Feeding Areas Are Unsanitary and Harbor Diseases

Connecticut provides important breeding and wintering habitat for approximately 30 waterfowl species. Our state abounds with numerous coastal and inland areas that are very important to ducks and geese.

Connecticut’s natural resources provide waterfowl with the proper nutrients they need throughout the year.

Waterfowl have evolved to migrate extraordinary distances without the assistance of people. Artificial feeding can delay this natural phenomenon and encourage some birds to overstay their welcome.

Most areas where the public feeding of waterfowl occurs cannot sustain the large concentration of birds that often gather there. This ultimately leads to the accumulation of droppings and feathers, overgrazing of vegetation, soil erosion, and unsanitary conditions.

Waterfowl also act as hosts for numerous bacterial agents, including the organism that is responsible for swimmer’s itch. Feeding waterfowl can exacerbate this problem by concentrating potential hosts in swimming areas. Large numbers of waterfowl in relatively confined areas also can be responsible for triggering algal blooms, resulting in elevated fecal coliform bacteria and nutrients in the water. These factors cause some of our favorite and most popular recreational areas to become unusable for animals and humans.

Feeding may result in malnourished birds competing for food in crowded, unsanitary areas. Diseases, such as avian cholera, avian influenza (bird flu), botulism, and duck viral enteritis, thrive when these conditions are present. Aspergillosis is a fatal disease that kills waterfowl when they eat moldy, rotting grain products. All of these diseases have the potential to kill large numbers of waterfowl.

Feeding Causes Problems for All

Feeding Increases Conflicts

Processed foods lack the nutrients waterfowl need for survival.

Feeding creates numerous problems, not only for people, but also for the birds. Well-intentioned people erroneously believe that feeding is beneficial to waterfowl, but it often has negative ecological, environmental, and social consequences.

Feeding waterfowl low quality foods, such as bread, chips, or popcorn, does not provide the birds with the necessary nutrients they need for survival. Feeding often results in dietary deficiencies in wild birds.

Waterfowl rely on specific nutrients in natural foods to carry on important biological processes. Numerous problems can arise when birds are fed low quality food. They may become malnourished or deficient of vital nutrients, resulting in: ● the development of deformed wings (propeller wings) ● a decrease in reproductive rates ● an increased susceptibility to predation ● the loss of flight ability ● lowered energy ● lowered life expectancy

private landowners often spend large amounts of money to alleviate problems with waterfowl People who feed waterfowl contribute to the that are birds acquiring numerous physical ailments often caused by that result from malnutrition. people feeding these birds. By not feeding waterfowl, you are allowing the birds to use our state’s natural areas to our benefit and theirs.

Feeding Weakens the Gene Pool Artificial feeding concentrates domestic and wild waterfowl, significantly increasing the probability of hybridization between them. This leads to the weakening of the gene pool and the overall integrity of the wild waterfowl population. Allow our waterfowl to stay wild by not feeding them!

Support Connecticut’s natural waterfowl habitats Feeding draws birds to areas where conflicts with by purchasing a Connecticut Duck Stamp or humans can arise. The constant interaction between becoming involved in organizations and/or humans and waterfowl causes the birds to lose their projects that acquire, preserve, protect, and apprehension of people and their surroundings. Wild restore our state’s coastal and inland wetlands. animals rely on their instinctive sense of fear for survival. The loss of a bird’s fear towards humans often results in the bird exhibiting dangerous and unpredictable behavior towards people. Public safety also becomes an issue when birds congregate near heavily traveled areas, increasing the likelihood of a vehicle strike.

Corporations, Feeding waterfowl concentrates birds and increases their susceptibility to diseases, such municipalities, and as avian cholera and avian influenza (bird flu).

Top 10 Simple Steps

How the new

Businesses contribute stormwater pollution from large rooftops and parking areas, and by careless management of materials. You can do your part by following these simple steps: 1. Break the connection to storm sewers.

2. Store hazardous materials properly (inside or under cover).

3. Train employees to manage spills and practice good housekeeping.

4. Use a mop sink when cleaning floor mats and equipment.

5. Keep dumpsters covered and leak-proof.

6. Maintain your fleet by fixing leaks and washing vehicles at a

(commercial) car wash.

7. Keep your parking lot and service areas clean.

8. Keep wetlands and shorelines clean and natural.

9. Limit outdoor watering and fertilizing.

10. Design your site to infiltrate, filter or slow stormwater runoff.

St T he # or mwater : proble 1 water pol lu m in R hode tion Polluted Island s streams tormwater lead s , fish and beach closur to degraded es s stormw hellfish habitat. , and loss of ater run When it ning ra paveme nt picks over rooftops ins, and up pollu carries them tants waters w directly to su and rfa ithout tr eatment. ce

Municipal Stormwater Program Affects Your Business

Self-Inspection Checklist

R

Use this checklist to find out if you are in compliance with your community’s storm water permit.

Discharges Discharge of polluted stormwater is prohibited by the RI DEM and by most municipalities under the US EPA “Storm Water Phase II” program.

1. Break the connection to storm sewers. o Make sure that spills or wastewater can’t flow into a storm sewer by any sump pump, drain, or surface

stormwater flow.

o Check internal drains for improper connections to storm sewers. o Contact your city/town to see if clean water discharges to storm sewers are allowed. o Grade and pave loading and unloading areas away from water courses and stormdrains for easy spill clean-up.

Hazardous Materials 2. Store hazardous materials properly.

Examples of hazardous materials include: process chemicals, pesticides, herbicides, cleaning materials, waste materials, oil and gasoline.

Store hazardous materials and wastes:

o Under cover to keep them out of the rain and snow. o In a secondary containment system large enough to contain the material if the container begins to leak.

This can range from simply putting the container of hazardous material in a bucket, to constructing a berm.

PRODUCED BY URI COOPERATIVE EXTENSION WITH FUNDING FROM THE RI DEPARTMENT OF TRANSPORTATION AND SUPPORT BY THE RI DEPARTMENT OF ENVIRONMENTAL MANAGEMENT UNDER THE RI STORMWATER SOLUTIONS PROJECT.

COOPERATIVE EXTENSION

www.ristormwatersolution.org

e What ar rges? a h c is waterways, such as near sump pumps for groundwater removal, Illegal D to storage locations near streams, wetlands, rivers, etc. s that lead s or ditche in e ra th d f , o s e y n ip ma 1) P

system fro in water, ra te d s a rm w to s the s 3. Train employees to manage spills and practice proces , rs e w e s : oor drains ources good housekeeping. ns from ind ) o ti following s c e n n o c ved and any usly appro wash water o Have a spill response plan and clean up kit handy. en if previo v (e s k in s and stem from Repeat training regularly. rmdrain sy to s e th to not been nections which has d o Use “dry” methods for clean up and spills. Keep a broom, n h la 2) Any con l ia tr s all the catc l or indu mop and absorbent material such as booms, kitty litter, or means that is h y commercia T b . ld d e e h v s saw dust handy. d and appro lans or map d. documente uld be on p o h itte s rm e e it s p r e u o ould b h s o Never use water to wash off a spill. y e basins on y th d n ality a own the municip Only Rain D o See DEM website r: e b m e m doubt re www.dem.ri.gov/programs/director/emerresp/index.htm hould flow 3) When in rainwater s ly n o –

for more information on hazardous waste generators. in basins. the Dra n-site catch o r u o y to in

o Away from any location where leaks could get into storm drains or

Housekeeping 4. Use a mop sink for cleaning floor mats and equipment.

o Pour wash water down a mop sink, not outside. Do not allow wash water containing soaps and other contaminants to flow into storm drains. o Grease, oils and fats should be disposed of in a grease, oil and fat recycling container.

5. Keep dumpsters covered and leak-proof.

o Keep them covered to keep water out and prevent trash and dumpster “juice” from escaping.

Don’t have dumpsters placed next to storm drains. Keep the drain plugs in.

6. Maintain your fleet. Fix leaks and drips and use a commercial car wash.

o If you must wash vehicles or equipment outdoors, use water only, or wash on grassy areas and divert soapy water away from storm drains.

7. Keep your parking lot and service areas clean.

o Be sure there are enough covered trash and cigarette receptacles (on your property).

Regularly empty the trash and pick up other litter.

9. Limit outdoor watering and fertilizing.

o Keep water and fertilizer on the grass, not pavement. o Replace some lawn area with low-care plantings. o Let your lawn go dormant in the summer; or water no more than one inch a week. o Leave grass clippings on the lawn to recycle nutrients; or fertilize sparingly in September.

10. Design your site to infiltrate, filter or detain runoff.

o Divert roof leaders, foundation drains, air conditioning condensate and other clean water to landscaped areas. o When renovating your site and parking lot, update the drainage system and landscaping using new methods

such as rain gardens and dry wells for roofs and parking lots.

o Redesign parking lot islands to double as landscaped stormwater treatment systems. Avoid curbs that

prevent stormwater from flowing to landscaped areas.

Be Recognized For Your Efforts If your business is located in the Blackstone River Watershed, schedule a visit with the Blackstone

Coalition to learn about the “In Business for the Blackstone” program.

Wha River t are includes education, technical assistance and public recognition.

Legal D Participation is Contact: charge Peter Coffin at 508-753-6087 s ?

Generally , unconta Email: peter.coffin@zaptheblackstone.org. m that flow inated w off your s Website: http://www.zaptheblackstone.org ite when it aters also: was h water fr ra

(See “In Business for the Blackstone” under “What we are doing”) RI Municipalities in the in s a nd om washin external b g vehicles Blackstone River Watershed include: Burrillville, Glocester, N. Smithfield, Lincoln, u il d in g areas if n and dechlorin o soap is Cumberland, Central Falls, Pawtucket and Woonsocket. ate used, condensa d pool discharges, tion, irriga air condit ioning tion d footing dra ins, roof ru rainage, foundation where flo noff and or For More Information ws are no t contamin sump pumps materials ated with

such as s proc olvents, o by contac r contamin ess Contact: Margarita Chatterton, RIDEM Water Resources t with soil ated s where of toxic o s margarita.chatterton@dem.ri.gov p il ls or leaks r hazardo us or your municipality’s stormwater manager. materials have occu rred.

List available at: www.ristormwatersolutions.org/docs/MS4ContactList.pdf

o Sweep the parking lot at least annually to remove winter road sand, and as necessary throughout the year. Store it where it will not blow or wash away. o Inspect catch basins annually and clean as necessary – when no more than 75% full.

8. Keep wetlands and shorelines clean and natural.

o Keep these areas free of trash, yard waste, and debris that can pollute or obstruct water flow. o Allow vegetation to grow into a natural buffer instead of mowing to wetland edges. o All maintenance actions must be completed in accordance with State and local wetlands regulations.

Results and Next Steps

1. Review your answers - is there room for improvement?

2. List actions you can easily take now:

3. List improvements you can start to work on:

KEEP THE SELF INSPECTION CHECKLIST FOR YOUR RECORDS.

MS4 IDDE Training For City Field Staff Tuesday, January 30th 2018

MS4 Permit • The Municipal Separate Storm Sewer System (MS4) Permit requires permittees to maintain an operations and maintenance program to prevent or reduce pollutant discharges from municipally owned or operated properties.

This includes: – Employee training addressing the importance of protecting water quality and describing MS4 requirements

• Why are we doing this?

– Required by state and federal permitting – Protect our natural resources – Big Lake is a Level 2 MS4

• Outline of Training

– Recognize > Report > Respond

Illicit Discharge Detection and Elimination (IDDE) What is the pure IDDE definition? “…any discharge into the stormwater system that is not composed entirely of stormwater…”

I like to apply common sense, so think of it in terms of a “Discharge beyond an established grass yard or established prairie grass.”

Recognize  Report  Respond!

Inspection of Stormwater Controls • BMPs

– Silt fence, inlet protection, temporary construction entrance/exit, proper wash out area, hydromulch, biologs, trash coverage

• BMPs can be damaged

– Rainstorms – Construction activities

• At a minimum, inspections should include: – – – – –

All areas where stormwater typically flows All discharge points All areas where stabilization has been implemented Check to see if controls are implemented and functional Check for conditions in which controls may be necessary

• City inspection

– Big Lake Permit Requirements – City Code

What is a BMP? • Best Management Practices

– A practice, or combination of practices, that is determined to be effective and practicable by being broadly used – A means of preventing or reducing the amount of pollution generated to a level compatible with water quality goals.

– Silt fence, bio logs, straw blankets, bales, rock entrance, inlet baskets, etc.

• Do you see a BMP failing?

Sources of Stormwater Pollution • Pollutants

– Excess nutrients (nitrogen and phosphorus) – Hydrocarbons (petroleum compounds) – Heavy metals – Pathogens – Toxic chemicals – Debris, trash, and litter

• Intentional or accident or neglect? Hmmm…

Look Out For… • • • • • •

Unusual colors and odors Cloudy or murky appearance Suds, trash, or debris Unnatural or excessive vegetation Leaks, spills, or dumping Barrels, buckets, 55 gallon drums

Where should I look?

• • • • • • • • •

Construction sites Dumpsters behind buildings New home building Curb lines Alleyways and parking lots Loading docks and outdoor storage areas Near our lakes and rivers Driveways City Owned Facilities too!

MPCA MS4 Training for Parks Maintenance & Stormwater Protection

On the Lookout for Illegal Discharges Part 1 â&#x20AC;&#x201C; detection

On the Lookout for Illegal Discharges Part 2 â&#x20AC;&#x201C; document and report

MS4 Stormwater Pollution Prevention

How to Spot an Illicit Discharge

The Good, The Bad or the Ugly?

YOU MAKE THE CALL!

How Will Our Actions Affect Big Lake?

• • • • •

Property Owners Lakes Wetlands The Elk River Someday the Mississippi River

You Can Help Prevent IDDE • Recognize  Report • Big Lake’s legacy of beautiful lakes, wetlands, and rivers

What to Do • If you see something that looks wrong…

– Report it to your supervisor or Mike Goebel • Do not confront the person causing the illicit discharge

– If you can’t reach Mike or your supervisor, contact Layne Otteson – Last resort: if it is a spill with immediate health and safety concerns, call the State Duty office to report and discuss options • Number: 1-800-422-0798

– Recognize and Report!!!

Questions or Comments?

• Layne Otteson, City Engineer – 763-251-2984 – lotteson@biglakemn.org

Appendix F: Illicit Discharge Detection and Elimination Program Evaluation Questionnaire

IDDE Program

Page 41 of 41

Capitol Region Watershed District â&#x20AC;&#x201C; Illicit Discharge Detection and Elimination Program Evaluation Form A. Evaluate potential generation sites within the Capitol Region Watershed District (District or CRWD) 1.

2.

3.

Were these sites identified initially?

Are these sites still appropriately considered a priority?

Have illicit discharges been located in these sites?

Once the questions have been answered, determine if the IDDE Program properly identifies and evaluates potential generating sites. Any changes made to the process of identifying potential generating sites will be reflected in the cartographic model.

B.

Detection Program 1.

2.

3.

Is the program effective? Reassess the program by determining what has been achieved.

Look at the number of outfalls inventoried, the number visually inspected, the number that had dry weather flows, and the overall percentages of these flows as part of the overall storm sewer system for the District.

Cost effectiveness: What aspects of the program had the highest quality of effectiveness in relationship to cost?

Number of illicit discharges detected utilizing each detection method.

Once the questions have been answered and evaluated, determine the success of the detection program.

C.

Tracing Program 1.

2.

3.

What techniques were used?

Were these methods successful?

Which techniques that were not used would be beneficial for next year?

Once the questions have been answered, determine if the tracing program has been successful. If not, determine what revisions are necessary to improve the program.

D.

Removing the sources of illicit discharges 1.

2.

3.

4.

E.

What techniques were used?

Were these methods successful?

Which techniques not used would be beneficial for next year?

How many illicit sources were identified and eliminated?

Other

1.

2.

3.

If using water quality sampling, resample areas within the District to determine the effectiveness of the removal of illicit discharges.

Determine how much time was spent by employees as well as non-payroll expenses to determine the overall cost for achieving given results.

Stakeholder and partner input: Engage with stakeholder and partner groups to gather input on how they have used the information and ways to improve the process.

April 10, 2019 CAC Meeting V. District Initiatives B): Draft Rule Amendments (Kelley)

DATE: TO: FROM: RE:

April 4, 2019 CRWD Citizen Advisory Committee Members Forrest Kelley, Regulatory Division Manager 45-day Review Period for Draft Rules

Background The Joint Rules Technical Advisory Committee (TAC) met on September 19, 2018 to discuss proposed Rule revisions. A draft red-lined copy of the rules were sent out for informal TAC review on January 23, 2019, and the Board of Managers authorized distribution of the draft rule amendments for public comment on March 6th, 2019. A public hearing was held April 3, 2016, and the comment period ends April 22, 2019.

Discussion The significant rule changes are summarized below 1.

2.

3.

4.

5.

Revise language under freeboard requirements for increased clarity.

Increase the maximum rainfall depth to a BMP allowed for credit from 2.0" to 2.5â&#x20AC;&#x153;.

Add language to allow for regional compliance.

Revise language to allow for electronic submittals.

Additional minor grammatical corrections and language clarifications.

Through Board resolutions at the time of adoption and effective in 2020, the Districts also propose increasing the cost cap for linear projects and the Stormwater Impact Fund contribution amounts from $30,000/acre and $40,000/acre to $75,000/acre and $100,000/acre respectively.

Staff will briefly summarize the rule answer any questions the CAC may have pertaining to the Rules at the meeting Requested Action Review and Comment on Draft Rule Revisions enc:

Draft Amended Rules (electronic only) Response to Informal Comments Cost Cap Memo Stormwater Impact Fund Memo

W:\05 Citizen Advisory Committee\Scanned PDF CAC Packets\2019\Board Memo Authorize 45-day review Draft Rule Amendment 2019.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District.

Capitol Region Watershed District Rules Adopted 09/06/2006 Effective 10/01/2006 Revised xx/xx/2019 Table of Contents Certification of Rules

2

General Policy Statement

2

Relationship to Municipalities

3

Rule A. Definitions

4

Rule B. Permit Procedural Requirements

10

Rule C. Stormwater Management

13

Rule D. Flood Control

20

Rule E. Wetland Management

24

Rule F. Erosion and Sediment Control

26

Rule G. Illicit Discharge and Connection

28

Rule H. Enforcement

34

Rule I. Variances

34

Rule J. Severability

35

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Certification of Rules I, ___________________, Secretary of the Capitol Region Watershed District Board of Managers, certify that the attached is a true and correct copy of the Rules of the Capitol Region Watershed District having been properly adopted by the Board of Managers of the Capitol Region Watershed District.

Dated: _____________________

General Policy Statement The Capitol Region Watershed District (District) is a political subdivision of the State of Minnesota, established under the Minnesota Watershed Law, Minnesota State Statute 103d. The District is also a watershed management organization as defined under the Minnesota Metropolitan Water Management Program and is subject to its directives and authorizations. Under the Watershed Law and the Metropolitan Water Management Program, the District exercises a series of powers to accomplish its statutory purposes.

The District's general statutory purpose as stated in 103d.201 is to conserve the natural resources of the state by land use planning, flood control, and other conservation projects by using sound scientific principles for the protection of the public health and welfare and the provident use of the natural resources.

As required under the Metropolitan Water Management Program, the District has adopted a Watershed Management Plan, which contains the framework and guiding principles for the District in carrying out its statutory purposes. It is the District's intent to implement the Plan's goals and policies in these rules.

Land alteration affects the rate, volume, and quality of surface water runoff which ultimately must be accommodated by the existing surface water systems within the District. The watershed is 40.6 square miles and highly urbanized.

Land alteration and urbanization has and can continue to degrade the quality of runoff entering the waterbodies of the District due to non-point source pollution. Sedimentation from ongoing erosion processes and construction activities can reduce the hydraulic capacity of waterbodies and degrade water quality. Water quality problems already exist in all ofall the lakes and other water resources throughout the District. The Mississippi River is the principalle receiving water for all runoff from the District and is listed by the Environmental Protection Agency (EPA) and Minnesota Pollution Control Agency (MPCA) as â&#x20AC;&#x153;impairedâ&#x20AC;?. Como Lake, a high priority water resource of the District, is also listed as impaired.

Projects that do not address the increased rate or volume of stormwater runoff from urban development can aggravate existing flooding and water quality problems and contribute to or create new ones. Projects which fill floodplain or wetland areas without compensatory storage can aggravate existing flooding by reducing flood storage and hydraulic capacity of waterbodies, and can degrade water quality by eliminating the filtering capacity of those areas.

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In these rules the District seeks to protect the public health and welfare and the natural resources of the District by providing reasonable regulation of the District's lands and waters to: 1) reduce the severity and frequency of flooding and high water, 2) to preserve floodplain and wetland storage capacity, 3) to improve the chemical, physical and biological quality of surface water, 4) to reduce sedimentation, 5) to preserve waterbodies' hydraulic and navigational capacity, 6) to preserve natural wetland and shoreland features, and 7) to minimize future public expenditures to avoid or correct these problems.

Relationship of Capitol Region Watershed District to Municipalities The District recognizes that the primary control and determination of appropriate land uses is the responsibility of the municipalities. Accordingly, the District will coordinate permit application reviews involving land development with the municipality where the land is located. The District is the primary water quality and stormwater runoff management entity within the watershed boundaries, however, cities are also actively involved in water resource management projects and programs.

The District intends to be active in the regulatory process to ensure that water resources are managed in accordance with District goals and policies. The District began implementing rules effective October 1, 2006. All developments that did not have municipal approval on or before October 1, 2006 will require a District permit under these Rules. Municipalities have the option of assuming a more active role in the permitting process after the adoption of a local water management plan approved by the District, and by adopting and implementing local ordinances consistent with the approved plan.

The District will also review projects sponsored or undertaken by municipalities and other governmental units, and will require permits of the contractor in accordance with these rules for governmental projects which have an impact on water resources of the District. These projects include but are not limited to: land development, road, trail, and utility construction.

The District desires to serve as technical advisor to the municipalities in their preparation of local surface water management plans and the review of individual development proposals prior to investment of significant public or private funds. To promote a coordinated review process between the District and the municipalities, the District encourages the municipalities to involve the District early in the planning process.

Rule A:

DEFINITIONS

For the purposes of these rules, unless the context otherwise requires, the following words and terms have the meanings set forth below.

References in these Rules to specific sections of the Minnesota Statutes or Rules include CRWD RULES

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any amendments, revisions or recodification of such sections. References in these Rules to manuals, plans, rules, assessments, modeling methods, technical guidance or District policies shall include any revisions or amendments.

The words “shall” and “must” are mandatory; the word “may” is permissive.

Adjacent. An area of land that has a common boundary or edge with a water resource or development.

Alteration or Alter. When used in connection with public waters or wetlands, any activity that will change or diminish the course, current, or cross-section of public waters or wetlands.

Applicant. Any person or political subdivision that submits an application to the District for a permit under these Rules.

Atlas 14. National Oceanic and Atmospheric Administration’s (NOAA) precipitation event frequency and magnitude estimates. Replaces TP-40.

Banking Credits. Volume reduction in excess of the standard for use on subsequent projects unable to meet the standard onsite.

Best Management Practices (BMPs). Measures taken to minimize negative effects on the environment including those documented in the Minnesota Stormwater Manual.

Board or Board of Managers. The Board of Managers of the Capitol Region Watershed District.

Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Common Plan of Development or Sale. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur.

Compensatory Storage. Excavated volume of material below the floodplain elevation required to offset floodplain fill.

Criteria. Specific details, methods, and specifications that apply to all permits and reviews and that guide implementation of the District's goals and policies.

Critical Duration Storm Event. The storm duration that produces the largest peak discharge rates within a channel or storm sewer system and the highest water surface elevation within a water body.

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De Minimis. An amount so small or minimal in difference that it does not matter or the law does not take it into consideration.

Development. Any land disturbance, redevelopment affecting land, or creation/replacement of impervious surface, including but not limited to, road and/or parking lot construction or reconstruction.

District. The Capitol Region Watershed District established under the Minnesota Watershed Law, Minnesota Statutes Chapter 103D. Drainage Way. All water conveyance systems including but not limited to storm sewers, ditches, culverts, and open channels.

Erosion. The wearing away of the ground surface as a result of wind, flowing water, ice movement, or land disturbance.

Erosion and Sediment Control Plan. A plan of BMPs or equivalent measures designed to control runoff and erosion and to retain or control sediment on land during the period of land disturbance in accordance with the standards set forth in these Rules.

Excavation. The artificial displacement or removal of soil or other material.

Fill. The deposit of soil or other earth materials by artificial means.

Floodplain. The area adjoining a watercourse or natural or man-made water body, including the area around lakes, marshes, and lowlands, that is inundated during a 100year flood.

Freeboard. The vertical distance between the regulatory high-water elevation calculated by hydrologic modeling and the regulatory elevation on a structure or roadway.

Gross Pollutants. Larger particles of litter, vegetative debris, floatable debris and coarse sediments in stormwater runoff.

Habitable. Any enclosed space usable for living or business purposes, which includes but is not limited to: working, sleeping, eating, cooking, recreation, office, office storage, or any combination thereof. An area used only for storage incidental to a residential use is not included in the definition of "Habitable."

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

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Illicit Connections. An illicit connection is defined as either of the following: 1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non- stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a political subdivision.

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by a political subdivision.

Illicitegal Discharge. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Paragraph 5 of Rule G in these Rules.

Impaired Waters. A waterbody that does not meet water quality standards and designated uses because of pollutant(s), pollution, or unknown causes of impairment.

Impervious Surface. A surface compacted or covered with material so as to be highly resistant to infiltration by runoff. Impervious surface shall include roads, driveways and parking areas, sidewalks or trails greater than three feet wide, whether or not paved, patios, tennis and basketball courts, swimming pools, covered decks, and other structures.

Infiltration. A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the earthâ&#x20AC;&#x2122;s surface.

Infiltration Area. An area set aside or constructed where stormwater from impervious surface runoff is treated and disposed of into the soil by percolation and filtration, and includes, but is not limited to: infiltration basins, infiltration trenches, dry wells, underground infiltration systems, and permeable pavement.

Iron-Enhanced Sand. Any Best Management Practice (BMP) that incorporates filtration media mixed with iron to remove dissolved phosphorus from stormwater.

Land Disturbance. Any activity on property that results in a change or alteration in the existing ground cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to: development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, stockpiling, excavation, and borrow pits. Routine vegetation management, and pavement milling/overlay activities that do not alter the soil material beneath the road basepavement, will not be considered land disturbance. In addition, in-kind catch basin and pipe repair/replacement done in conjunction with a mill/overlay project shall not be considered land disturbance.

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Landlocked Basin. A basin that does not have a natural outlet at or below the 100-year flood elevation, as determined by the 100-year ten-day runoff event.

Linear Project. Roads, trails, and sidewalks that are not part of a common plan of development or sale.

Low Floor. The finished surface of the lowest floor of a structure. The floor of the lowest enclosed area including the basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area shall not be considered a building’s lowest floor.

Low Opening. The elevation of the lowest hydraulically connected entry point to a structure such as a door or window

Commented [FK2]: Added language for clarification and consistency with FEMA definitions. No regulatory change proposed.

Municipal Separate Storm Sewer System (MS4). The conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, man-made channels, or storm drains): 1. Owned and operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law or such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian organization, or a designated and approved management Agency under section 208 of the Clean Water Act (33 U.S.C § 1288) that discharges to waters of the United States; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR § 122.2.

Municipality. Any city wholly or partly within the Capitol Region Watershed District.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit. A permit issued by the Minnesota Pollution Control Agency that authorizes the discharge of pollutants to waters of the State.

Non-Point Source Pollution. Pollution that enters a water body from diffuse origins inon the watershed and does not result from discernable, confined, or discrete conveyances.

Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed entirely of storm water.

NURP. Nationwide Urban Runoff Program developed by the Environmental Protection AgencyEPA to study stormwater runoff from urban development.

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Ordinary High-Water Level (OHW). The elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high-water level is commonly thethat point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the OHW level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the OHW level is the operating elevation for the normal summer pool. For Public Waters and Public Waters Wetlands, the Minnesota Department of Natural Resources (DNR) determines the OHW. Owner. A person or entity who has legal title to a parcel of land or a purchaser under a contract for deed.

Parcel. A parcel of land designated by plat, metes and bounds, registered land survey, auditorâ&#x20AC;&#x2122;s subdivision, or other acceptable means, and separated from other parcels or portions by its designation.

Permittee. The person or political subdivision in whose name a permit is issued pursuant to these Rules.

Person. Any individual, trustee, partnership, unincorporated association, limited liability company, or corporation.

Political Subdivision. A municipality, county, or other political division, agency, or subdivision of the state.

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations; so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform, and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Potential Stormwater Hotspots (PSHs). Commercial, industrial, institutional, municipal, or transportation related operations that may produce higher levels of stormwater pollutants, and/or present a higher potential risk for spills, leaks, or illicit discharges. PSHs may include, but are not limited to: gas stations, petroleum wholesalers, vehicle maintenance and repair facilities, auto recyclers, recycling centers and scrap yards, landfills, solid waste facilities, wastewater treatment plants, airports, railroad stations and associated maintenance facilities, and highway maintenance facilities.

Public Waters. Any waters as defined in Minnesota Statutes Section 103G.005, Subdivision 15.

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Public Waters Wetlands. Any wetlands as defined in Minnesota Statutes Section 103G.005, Subdivision 15a.

River Dependent. An activity or land use that relies on direct access to or use of the Mississippi River.

Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface.

Seasonal High Groundwater. The highest seasonal elevation in the ground that has soil voids being that filled with water.

Sediment. Soil or other surficial material transported by surface water as a product of erosion.

Sedimentation. The process or action of depositing sediment.

Sequencing Flexibility. Deviation from the standard sequencing process as described in MN Rule 8420.0520, Subp. 7a.

Sewage. Waste produced by toilets, bathing, laundry, or culinary operations, or the floor drains associated with these sources.

Soil Material. Any non-aggregate material that underlays a road or pavement section, including subbase and select grading material, in the context of the Land Disturbance Definition. i. Adapted from 6/20/17 MnDOT Pavement Design Manual: https://www.dot.state.mn.us/materials/pvmtdesign/docs/newmanual/Chapter% 203.pdf (see diagram below)

Special Interest Subwatershed. An area in which protection or improvement of water quality has been given a high priority.

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Commented [FK3]: Internal note for RWMWD and CRWD

Standards. A preferred or desired level of quantity, quality, or value.

Storm Drain System. Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to: any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Stormwater. Any surface flow, runoff, and or drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

Stormwater Management Plan. A plan for the permanent management and control of runoff prepared and implemented in accordance with the standards set forth in these Rules.

Stormwater Pollution Prevention Plan (SWPPP). A document which describes the best management practices and activities to be implemented by a person or businesspermittee to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving water bodies to the maximum extent practicable.

Stream. A body of water continuously or intermittently flowing in a channel or watercourse, as a river, rivulet, or brook.

Structure. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, water and storage systems, drainage facilities, and parking lots.

Subdivision or Subdivide. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, or lots.

Trout Brook Interceptor. That portion of the Trout Brook Storm Sewer that is owned and operated by the District.

Wastewater. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Water Basin. An enclosed natural or created depression with definable banks capable of containing water that may be partly filled with public waters.

Waterbody. All water basins, watercourses, and wetlands as defined in these Rules.

Watercourse. A natural or improved stream, river, creek, ditch, channel, culvert, drain, gully, swale, or wash in which waters flow continuously or intermittently in a definite defined direction.

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Commented [FK4]: Insert â&#x20AC;&#x153;or createdâ&#x20AC;?

Watershed. Region draining to a specific watercourse or water basin.

Wetland. Land transitional between terrestrial and aquatic systems as defined in Minnesota Statutes Section 103G.005, Subdivision 19.

Wetland Conservation Act (WCA). Minnesota Wetland Conservation Act of 1991.

Rule B:

PERMIT PROCEDURAL REQUIREMENTS

1. APPLICATION REQUIRED. Any person, or political subdivision, undertaking an activity for which a permit is required by these Rules shall, prior to commencing work, submit to the District a permit application, engineering design data, plans, specifications and such other applicable information and exhibits as may be required by these Rules. Permit applications shall be signed by the owner or the owner’s authorized agent and submitted online via the District’s website., except for activities of a political subdivision which may be signed by either an authorized agent of the political subdivision or the general contractor. Three copies of all supporting materials, including site plans, narratives and hydrologic calculations, shall be submitted with the completed application.

One full set, one set reduced to 11”x17”, and one electronic set in .pdf format shall be submitted.

2. FORMS. Permit applications must be submitted on the form provided by the District. Applicants may obtain and submit these forms onlineat the District office or Internet at the District’s website: www.capitolregionwd.org. Web site.

3.

TIME FOR APPLICATION. A complete permit application which includes all required exhibits shall be received by the District at least 21 calendar days prior to a regularly scheduled meeting date of the Board of Managers. Late submittals or submittals with incomplete exhibits will be scheduled to a subsequent meeting date.

4.

ACTION BY BOARD. The Board of Managers shall approve or deny an application containing all required information, exhibits and fees, in accordance with Minnesota Statutes, Section 15.99, as amended.

5.

ISSUANCE OF PERMITS. The Board of Managers shall issue a permit only after the applicant has satisfied all requirements for the permit, has paid all required District fees, and the District has received any required surety. All activity under the permit shall be done in accordance with the approved plans and specifications.

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Commented [FK5]: Updated language to incorporate electronic submittals.

6.

COMPLIANCE. Issuance of a permit based on plans, specifications, or other data shall not prevent the District from thereafter requiring the correction of errors in the approved plans, specifications and data, or from preventing any activity being carried on in violation of these Rules.

7.

EXPIRATION. A permit shall expire and become null and void if the approved activity is not commenced within one year from date of approval by the Board, or if the approved activity is suspended or abandoned for a period of one year from the date the activity originally commenced. Before an activity delayed one year or more can recommence the permit must be renewed. An application for renewal of a permit must be in writing and state the reasons for the renewal. Any plan changes and required fees must be included with the renewal application. There must be no unpaid fees or other outstanding violations of the permit being renewed. The Board shall consider the application for renewal on the basis of the Rules in effect on the date the application is being considered for renewal.

Any permittee may apply for an extension of time to commence the approved activity under an unexpired permit when the permittee is unable to commence the activity within the time required by these Rules. An application for an extension of a permit must be in writing and state the reasons for the extension. Any plan changes and required fees must be included with the extension application. There must be no unpaid fees or other outstanding violations of the permit being extended. The application must be received by the District at least 30 days prior to the permit’s expiration. The Board shall consider the application for an extension on the basis of the Rules in effect on the date the application is being considered.

The Board may extend the time for commencing the approved activity for a period not exceeding one year upon finding that circumstances beyond the control of the permittee have prevented action from being taken.

8. MODIFICATIONS. The permittee shall not modify the approved activity or deviate from the plans and specifications on file with the District without the prior approval of District staff. Significant modifications to the approved plans and specifications shall require Board approval.

9. INSPECTION AND MONITORING. After issuance of a permit, the District may perform such field inspections and monitoring of the approved activity as the District deems necessary to determine compliance with the conditions of the permit and these Rules. Any portion of the activity not in compliance shall be promptly corrected. In applying for a permit, the applicant consents to the District’s entry upon the land for field inspections and monitoring, or for performing any work necessary to bring the activity into compliance at the permittee’s expense.

10. SUSPENSION OR REVOCATION. The District may suspend or revoke a permit issued under these Rules wherever the permit is issued in error or on the basis ofbased on incorrect information supplied, or in violation of any provision of

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these Rules, or if the preliminary and final subdivision approval received from a municipality or county is not consistent with the conditions of the permit.

11. CERTIFICATION OF COMPLETION. The District shall certify completion of an activity for which a permit has been issued under these Rules and authorize the release of any required surety upon inspection and submittal of information verifying completion of the activity in accordance with the approved plans and conditions of the permit. Verification of stormwater practice functionality such as a flood test or other in field test or observation shall be conducted in the presence of district staff or other authorized third party, orparty or documented in a report submitted to the District before completion can be certified and any surety released. Copies of documents, with evidence of recording where appropriate, that provide for maintenance of structures required by the permit shall be filed with the District before completion can be certified and any surety released. All temporary erosion prevention and sediment control BMPs (such as silt fence) must be removed following approval of a Certificate of Completion before any surety can be released. No activity may be certified as complete if there are any unpaid fees or other outstanding permit violations. If the District fails to make a determination as to compliance of an activity with the conditions of the permit within 60 days after submittal of the foregoing information verifying completion, the activity shall be deemed complete and any surety shall thereupon be released, unless seasonal conditions prohibit verification of stormwater practice functionality.

12. PERMIT TRANSFERS. The District may allow the transfer of a permit approval. No permit shall be transferred if there are any unpaid fees or other outstanding permit violations. Transfer of a permit does not alter the requirements of the permit or extend the permit term. In the event that a permit is transferred, the original permittee shall remain liable for the permit requirements unless (1) the transferee and transferor submit a Permit Transfer Form to the District or (2) the District approves a new permit for the transferor.

13. PERMIT FEES. The District shall charge the permit processing fees in accordance with a schedule adopted annually by written resolution of the Board of Managers and conforming to Minnesota Statutes 103D.345. (a) Applicant must submit the required permit processing fee to the District at the time it submits its permit application. (b) The processing fees described above shall not be charged to the federal government, the State of Minnesota, or a political subdivision of the State of Minnesota. (c) Any person or political subdivision performing an activity for which a permit is required under these Rules without having first obtained a permit from the District, shall pay, in addition to such fines, court costs, or other amounts as may be payable by law as a result of such violation, a field inspection fee

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equal to the actual cost of the District for field inspections, monitoring, and investigation of such activity, including services of engineering, legal and other consultants. The field inspection fee shall be payable within 10 calendar days after issuance of a statement by the District. No permit shall be issued for the activity if there are any unpaid field inspection fees or other outstanding violations of these Rules.

14. PERFORMANCE SURETY. To assure compliance with these Rules, the Board will require the posting of a performance surety where it is shown to be reasonable and necessary under the particular circumstances of any permit application filed with the District. A performance surety will not be required of the federal government, the State of Minnesota, or a political subdivision of the State of Minnesota.

15. OTHER PERMITS AND APPROVALS. The applicant shall promptly provide the District with copies of all environmental permits and approvals required by other governmental entities, upon request.

Rule C: 1.

STORMWATER MANAGEMENT

POLICY. It is the policy of the Board of Managers to: (a) Reduce runoff rates to levels that allow for stable conveyance of flow throughout the water resources of the District; (b) Require rate control practices on development to preserve runoff rates at a level that will not cause the degradation of water resources; (c) Limit runoff volumes by utilizing site designs that limit impervious surfaces or incorporate volume control practices such as infiltration; (d) Minimize connectivity of impervious surfaces to the stormwater system; (e) Require the use of effective non-point source pollution reduction BMPs in development projects; (f) Protect and maintain downstream drainage systems to provide permanent and safe conveyance of stormwater. Reduce the frequency and/or duration of potential downstream flooding; (g) Reduce the total volume of stormwater runoff to protect surface water quality and provide recharge to groundwater; and

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(h) Remove sediment, pollutants, and nutrients from stormwater to protect surface water quality.

2.

REGULATION. No person or political subdivision shall commence a land disturbing activity or the development of land one acre or greater, unless specifically exempted by Paragraph 5 below, without first obtaining a permit from the District that incorporates and approves a stormwater management plan for the activity or development.

3.

CRITERIA. Stormwater management plans must comply with the following criteria: (a) Hydrograph Method. A hydrograph method based on sound hydrologic theory shall be used to analyze runoff for the design or analysis of flows and water levels. Reservoir routing procedures and critical duration storm events shall be used for design of detention basins and outlets. (b) Runoff Rate. Runoff rates for the proposed activity shall not exceed existing runoff rates for the 2-year, 10-year, and 100-year critical storm events using Atlas 14 precipitation depths and MSE-3 storm distributions, or as approved by the District. Runoff rates may be restricted to less than the existing rates when the capacity of downstream conveyance systems is limited.

Commented [EH6]: Added for further description, clarification.

(c) Runoff Volume. -- Stormwater runoff shall be retained onsite in the amount equivalent to 1.1 inches of runoff over the new and reconstructed impervious surfaces of the development. The required stormwater runoff volume shall be calculated as follows:

Commented [FK7]: Not a change, added language for clarification.

Required Volume (ft3) = Impervious surfaces (ft2) x 1.1(in) x 1/12 (ft/in) (1) Stormwater reuse systems shall be allowed an approved credit as calculated by the Stormwater Reuse Calculator found in the application guidance materials, or other approved calculator.

Commented [FK8]: Move to be consistent with RWMWD,

(2)(1) For infiltration of the required stormwater runoff volume, the following requirements must be met: (i) Infiltration volumes and facility sizes shall be calculated using the appropriate hydrologic soil group classification and design infiltration rate from Table 1 the Minnesota Stormwater Manual.

Select the design infiltration rate from Table 1the Minnesota Stormwater Manual based on the least permeable soil horizon within the first five feet below the bottom elevation of the proposed infiltration BMP. (i)(ii) The required stormwater runoff storage volume shall be provided below the invert of the low overflow outlet of the BMP.

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Commented [EH9]: Removing design infiltration rate table from rules. Applicants to refer to MN Stormwater Manual.

Commented [FK10]: Move to be consistent with RWMWD

(iii) Runoff infiltrated during a rain event will not be credited towards the volume reduction requirement. (ii) Volume reduction credit shall not exceed the volume of 2.5 inches over the impervious surfaces of the drainage area to the BMP or the volume provided within the BMP, whichever is less. (iii) Infiltration volumes and facility sizes shall be calculated using the appropriate hydrological soil group classification and design infiltration rate from Table 1. Select the design infiltration rate from Table 1 based on the least permeable soil horizon within the first five feet below the bottom elevation of the proposed infiltration BMP. (iv) Table 1. Design Infiltration Rates Hydrologic soil Infiltration rate Soil Corresponding Unified Soil group (inches/hour) textures Classification

Commented [EH12]: Remove table in response to confusion.

Infiltration is prohibited in Type D soils. Applicants to refer to MN Stormwater Manual.

A

1.63

GW - well-graded gravels, sandy gravels gravel GP - gap-graded or uniform sandy gravels, sandy gravels gravel GM - silty gravels, silty sandy silty gravels gravels SW - well-graded gravelly sands

A

0.8

sand SP - gap-graded or uniform sands, loamy sand gravelly sands sandy loam

B

0.45

B

0.3

C

0.2

D

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0.06

SM - silty sands, silty gravelly sands loam, silt MH - micaceous silts, loam diatomaceous silts, volcanic ash Sandy clay ML - silts, very fine sands, silty or loam clayey fine sands

clay loam silty clay loam sandy clay silty clay clay

GC - clayey gravels, clayey sandy gravels SC - clayey sands, clayey gravelly sands CL - low plasticity clays, sandy or silty clays OL - organic silts and clays of low plasticity CH - highly plastic clays and sandy clays OH - organic silts and clays of high

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Commented [FK11]: Increase from the current 2â&#x20AC;? max Move from Alternative Compliance Sequencing to Rule C Criteria.

16

Hydrologic soil group

Infiltration rate (inches/hour)

Soil textures

Corresponding Unified Soil Classification plasticity

Commented [EH12]: Remove table in response to confusion.

Infiltration is prohibited in Type D soils. Applicants to refer to MN Stormwater Manual.

Source: Minnesota Stormwater Manual (v) The applicant may complete double-ring infiltrometer testing to the requirements of ASTM D3385 or other District approved infiltration test measurements at the proposed bottom elevation of the infiltration BMP. The measured infiltration rate shall be divided by the appropriate correction factor selected from the Minnesota Stormwater Manual. This test must be completed by a licensed soil scientist or engineer. (vi) The infiltration area shall be capable of draining infiltrating the required volume within 48 hours for surface and subsurface BMPs. (vii) Infiltration areas shall be limited to the horizontal areas subject to prolonged wetting. (viii) Areas of permanent pools tend to lose infiltration capacity over time and will not be accepted as an infiltration practice. (ix) Stormwater runoff must be pretreated to remove solids before discharging to infiltration areas to maintain the long-term viability of the infiltration areas. Additional information on sizing and approaches can be found in the Minnesota Stormwater Manual. application guidance materials. (x) Design and placement of infiltration BMPs shall be done in accordance with the Minnesota Department of Health guidance and requirements. called â&#x20AC;&#x153;Evaluating Proposed Stormwater Infiltration Projects in Vulnerable Wellhead Protection Areas.â&#x20AC;? http://www.health.state.mn.us/divs/eh/water/swp/stormwater.pdf

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Commented [FK13]: Differs from RWMWD version which was modified to be consistent with NPDES Permit. Further discussion needed to clarify discrepancy between MN SW Manual guidance and NPDES Permit.

(xi) Specific site conditions may make infiltration difficult, undesirable, or impossible. Some of these conditions are listed in Table 2 and may qualify the applicant for Alternative Compliance Sequencing. The applicant may also submit a request to the District for Alternative Compliance Sequencing for site conditions not listed below. All requests shall indicate the specific site conditions present and a grading plan, utility plan, and the submittal requirement listed in Table 2.

Commented [FK15]: Changes in table intended to achieve consistency with NPDES permit standards.

Table 12. Alternative Compliance Site Conditions*

Commented [EH14]: Rename â&#x20AC;&#x2DC;Table 1â&#x20AC;?

MPCA has limitations for constructing infiltration BMPs if it will receive discharges from or be constructed in these areas of concern. These conditions will apply to this permit.

Type Potential Contamination

Physical Limitations

Land Use Limitations

Specific Site Conditions

Infiltration Requirements

Potential Stormwater Hotspots (PSHs)/Industrial Facilities Contaminated Soils Vehicle Fueling and Maintenance Areas

Prohibited Prohibited Prohibited

Low Permeability (Type D Soils)

RestrictedProhibited- Soil borings required

Bedrock within 3 vertical feet of bottom of infiltration area Seasonal High Groundwater within 3 vertical feet of bottom of infiltration area Type A Soils with infiltration rates greater than 8.3 inches/hour Karst Areas

RestrictedProhibited- Soil borings required RestrictedProhibited- Soil borings required

Utility Locations

Concerned- Site Map with detailed utility locations

Adjacent Wells

Restricted- Well Locations

Restricted without soils amendments RestrictedProhibited- Soil borings required

* Alternative Compliance is allowed for the volume reduction portion of Rule C only.

(2) Stormwater reuse systems shall be allowed an approved credit as calculated by the Stormwater Reuse Calculator found in the application guidance materials, or other approved calculator.

Commented [FK16]: Not necessarily considered alternative compliance, so moved up earlier in Rule C.

(3) Alternative Compliance Sequencing. To the maximum extent practicable, the volume reduction standard shall be fully met onsite. If it is not possible because of site conditions listed above, Alternative Compliance may be achieved by any combination of the sequence below but shall be explored in the order presented.

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(i) First, the applicant shall comply or partially comply with the volume reduction standard to the maximum extent practicable on-site through alternative volume reduction methods as listed below and in the application guidance materials, or as approved by the District. If the applicant meets these requirements, the project is compliant, and no further sequencing steps are necessary.  If filtration of the water quality volume is deemed necessary through alternative compliance sequencing, the required stormwater runoff volume shall be multiplied by 1.82 (i.e. 55% filtration credit) and the filtration BMP shall provide this storage volume below the invert of the low overflow outlet of the BMP (perforated drain pipes for filtration will not be considered the low overflow outlet).  If iron-enhanced sand is used as a filtration media, the required stormwater runoff volume shall be multiplied by 1.25 (i.e. 80% filtration credit), and the filtration BMP shall provide this storage volume below the invert of the low overflow outlet of the BMP (perforated drain pipes for filtration will not be considered the low overflow outlet).  Iron-enhanced media shall include a minimum of 5% of iron filings by weight and shall be uniformly blended with filtration media.  Other enhanced filtration media may be considered and credited at the sole discretion of the District. (ii) Second, for the remaining volume reduction required to fully meet the standard, the applicant shall comply or partially comply with the volume reduction standard at an offsite location or through the use of qualified banking credits as determined by Rule C – 3.c.4. If the applicant meets these requirements, the project is compliant, and no further sequencing steps are necessary. 

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Volume reduction may be accomplished at another site outside of the project area or through the use of banked credits as long as it yields the same volume reduction benefit and is approved by the District prior to construction. When possible, offsite compliance and banking credits shall be achieved in the same drainage area as the project site in the same sub-watershed as the project site. Projects that propose to construct stormwater BMPs to achieve volume reduction credits

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require District permit application, review and approval. (iii) Third, as a last alternative, for the remaining volume reduction required, the applicant shall pay into the District’s Stormwater Impact Fund to cover the cost of implementing equivalent volume reduction elsewhere in the watershed. The required amount to contribute to the Stormwater Impact Fund willshall be set by resolution of the Board annually. 

Money contributed to the Stormwater Impact Fund from a local government unit shall be spent within that local government unit’s jurisdiction to the extent possible.



Money contributed to the Stormwater Impact Fund shall be allocated to volume reduction projects by the District according to the Stormwater Impact Fund Implementation Plan as approved by the District Board.

The volume reduction achieved by these projects will offset the volume reduction that was not achieved on the permitted development.

(4) Regional Stormwater Treatment Facilities: (i) For projects within the drainage area of an existing or planned future regional stormwater facility, the sequencing requirements may be waived if it has been determined by CRWD that the benefits are equivalent or greater than an onsite treatment practice. (ii) Applicants must either utilize volume reduction credits from projects within the same drainage area or contribute to the Stormwater Impact Fund.

(5) Volume reduction providedcredits in excess of the 1.1-inch requirement may be banked for use on another project or used to compensate for under-treated drainage areas within the same project.

Excess banked Vvolume reduction amounts credit shall not exceed the volume of two2.5 inches over the impervious surfaces of the drainage area to the BMP or the volume provided within the BMP, whichever is less.

(4)(6) Transfer of banked volume credits between applicants is allowed.

Applicants shall submit a letter to the District outlining the conditions of the transfer and confirming the volume of the transfer. The District must review and approve all credit transfers.

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Commented [FK17]: Language removed from RWMWD version. Further analysis and discussion required.

Commented [FK18]: Allows for regional compliance opportunities.

Commented [FK19]: Language added for clarification. Not a regulatory change.

Commented [FK20]: Current rules dictate 2”. Proposed increase to 2.5”.

(5)(7) If an applicant determines during the course of planning, design or construction of a linear project that the required volume reduction cannot be achieved onsite and the applicant does not possess sufficient excess volume reduction credits to offset the volume required, the District may allow the applicant to defer the construction of volume reduction BMPs to a future identified project that the applicant will complete within two years of the date of the permit application. Failure to provide the required volume reduction by that date would obligate the applicant to pay into the Stormwater Impact Fund at the rate applicable at the time payment is made into the fund. (d) Water Quality. Developments shall incorporate effective non-point source pollution reduction BMPs to achieve 90% total suspended solids removal from the runoff generated by a NURP water quality storm (2.5â&#x20AC;? rainfall)disturbed area of the project. Runoff volume reduction BMPs may be considered towards compliance with the 90% TSS removal requirement. and included in the calculations showing compliance with achieving the 90% TSS removal requirement. Water quality calculations, documentation, and/or water quality modeling shall be submittedmay be requested to verify compliance with the standard. Documentation of 90% TSS removal is not required for projects that achieve compliance through Stormwater Impact fund contributions.

(1) Drainage areas that directly discharge to a wetland waterbody shall meet the water quality standard onsite.

(i) If any portion of the development falls within a Special Interest Subwatershed as shown on the map in the application guidance material, the development shall meet the water quality standard onsite. Offsite or banked BMPs located within the same Special Interest Subwatershed as the development may be considered. (ii) If the entire development falls outside of a Special Interest Subwatershed, the water quality standard shall be met onsite to the maximum extent practicable as determined by the District. At a minimum, BMPs shall be placed in each drainage area of a development to remove gross pollutants. (e) Linear Projects. For linear projects, cCosts specific to satisfying the volume reduction and water quality standards on linear projects shall not exceed a cost cap which will be set by the Board annually. The cap shall apply to costs directly associated with the design, testing, land acquisition, and construction

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Commented [EH22]: Added for clarification.

Commented [FK23]: Proposed change for consistency with RWMWD and increased wetland protection

(1)(2) For linear projects utilizing offsite locations, banking credits, or the stormwater impact fund to meet the volume reduction standard;

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Commented [FK21]: In practice, this has been allowed for phased non-linear projects as well.

21

of the volume reduction and water quality stormwater BMPs only. Unit costs for construction shall be set by the Board annually and shall be used to determine the cost of the volume reduction and water quality BMPs and must be reviewed and approved by the District. The District may contribute the an amount above the cap in order to meet the volume reduction and water quality standards or it may allow the applicant to partially comply with the standards when the cap is met. (f) MAINTENANCEMaintenance. All stormwater water management structures and facilities, including volume reduction BMPs, shall be maintained to assure that the structures and facilities function as originally designed. Applicants shall submit a site-specific plan, schedule and narrative for maintenance of the proposed stormwater management BMPs. The maintenance responsibilities must be assumed by either the municipality’s acceptance of the required easements dedicated to stormwater management purposes or by the applicant executing and recording a maintenance agreement acceptable to the District. Documentation of the recorded agreement must be submitted to the District prior to issuance of permit. Public developments will require a maintenance agreement in the form of a Memorandum of Agreement or an approved Local Water Management Plan that details the methods, schedule, and responsible parties for maintenance of stormwater management facilities for permitted development. A single Memorandum of Agreement for each local government unit may be used to cover all stormwater management structures and facilities required herein, including volume reduction BMPs, within the LGU’s jurisdiction.

4.

EXHIBITS. The following exhibits must accompany the online permit application. One set, full size; one set, reduced to 11"x17”; and a copy of all submittals in electronic .pdf format. (a) Property lines and delineation of lands under ownership of the applicant. (b) Delineation of the drainage areas contributing runoff from off-site, proposed and existing sub-watersheds onsite, emergency overflows, and drainage ways. (c) Aerial photo showing the locations of water bodies downstream of the site. (d) Proposed and existing stormwater facilities’ location, alignment, and elevation. (e) Delineation of existing onsite wetlands, marshes, shoreland, and floodplain areas. (f) Identification of existing and proposed normal, ordinary high, and 100-year water elevations onsite.

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(g) Identification of existing and proposed site contour elevations with at least a 2-foot contour interval including offsite contours where overflows are directed. (h) Construction plans and specifications of all proposed stormwater management facilities, including design details for outlet control structures. (i) Stormwater runoff volume and rate analysis for the 2-year, 10-year, and 100year critical storm events, existing and proposed. (j) All hydrologic, water quality, and hydraulic computations completed to design the proposed stormwater management facilities. (k) Narrative addressing incorporation of stormwater BMPs, including individual BMP storage volumes and pretreatment method(s) used. (l) For non-linear projects, site-specific plan, schedule, and narrative for maintenance of the proposed stormwater management practices. (m) Onsite soil borings indicating soil type for purposes of infiltration design. (n) For applications proposing infiltration area(s), information shall include identification, description (soil group and texture), and field evaluation of soil permeability in accordance with ASTM 3385 procedure and delineation of site soils to determine existing and proposed conditions suitable for percolation of stormwater runoff from impervious areas. (o) For applications proposing alternative compliance sequencing, the required exhibits listed in Table 2. (p) District Volume Reduction Worksheet. (p) All plan sheets shall be signed by a Minnesota licensed professional appropriate for the project.

5.

EXCEPTIONS. (a) Rule C and its requirements will not apply to development less than 1 acre in size for all land uses unless the development: (i) Is part of a common plan of development or sale that will ultimately exceed one acre in size; or. (ii) Is greater than 10,000 square feet and is adjacent to a wetland, stream, public water, or public water wetland. (b) Rule C and its requirements shall not apply to land disturbing activity or the development of land that post construction creates 100% pervious surfaces

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post construction, unless the land disturbing activity or the development of land alters the drainage boundaries shown in the Districtâ&#x20AC;&#x2122;s Watershed Management Plan. (c) Rule C and its requirements will not apply to construction on individual lots within a residential subdivision approved by the District, provided the activity complies with the original common plan of development. (d) Rule C and its requirements will not apply to bridges. (e) Rule C and its requirements will not apply to annually cultivated land used for farming, research, or horticulture.

Rule D: 1.

FLOOD CONTROL

POLICY. It is the policy of the Board of Managers to: (a) Encourage water quantity controls to ensure no net increase in the impacts or potential for flooding on or off the site and encourage, where practical, controls to address existing flooding problems; (b) Discourage floodplain filling for new non-river dependent developments; and (c) Only allow floodplain development in a manner that is compatible with the dynamic nature of floodplains.

2.

REGULATION. No person or political subdivision shall alter or fill land below the 100-year flood elevation of any waterbody, public water, or public water wetland without first obtaining a permit from the District.

3.

CRITERIA. (a) Placement of fill within the 100-year floodplain is prohibited unless compensatory storage is provided. Compensatory storage must be provided on the development or immediately adjacent to the development within the affected floodplain.

(1) Compensatory storage shall result in the creation of floodplain storage to fully offset the loss of floodplain storage. Compensatory storage shall be created prior to or concurrently to the permitted floodplain filling.

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(b) All habitable buildings, roads, and parking structures on or adjacent to a project site shall comply with the following flood control and freeboard requirements: (1) See Table 3 below for freeboard requirements.

Table 23. Flood control and Freeboard requirements Condition

Waterbodies with Piped Outlets and Mississippi River 

New Habitable Buildings

 Existing Habitable Buildings – Adjacent to and Potentially Affected by Flood Waters

Low opening must be a minimum of 2 feet above the 100-year flood elevation.





Low floor must be a minimum of 5 feet above the 100-year flood elevation.

Low opening must be a minimum of 5 feet above the 100-year flood elevation.

Subsurface Stormwater Management BMPs 

Low floor must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation unless flood proofing measures are constructed with the building; and



Low opening must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation.



Low floor must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation unless flood proofing measures are constructed with the BMP; and



Low opening must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation.



Low opening must be a minimum of 2 feet above the 100-year flood elevation or one foot above the emergency overflow elevation.



Low opening must be a minimum of 2 feet above the 100-year flood elevation.



Roadway shall not flood when adjacent to stormwater storage basin designed to store the 100year storm event.

Underground Parking Structures

Public Roadway

Low floor must be a minimum of 2 feet above the 100-year flood elevation.

Waterbodies without Piped Outlets

Commented [EH24]: Rename ‘Table 2”



Low opening must be a minimum of 2 feet above the 100-year flood elevation.

Freeboard requirement set by road authority.Roadway shall not flood when adjacent to stormwater storage basin designed to store the 100-year storm event.

Freeboard requirement set by road authority.

Roadway shall not flood when adjacent to stormwater storage basin designed to store the 100-year storm event.

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Commented [EH25]: Format changes to avoid duplication and to be consistent with RWMWD format.

Freeboard requirement set by road authority. Roadway shall not flood when adjacent to stormwater storage basin designed to store the 100-year storm event. 

Freeboard requirement set by road authority.

(2) For water bodies without a piped outlet: i. The normal water level of a waterbody without a piped outlet shall be determined by a qualified licensed geologist or hydrogeologist. A ground water analysis using existing or installed monitoring wells on or near the site and soil conditions in the basin shall be used. Ideally, the peak groundwater elevation over a continuous three-year monitoring period shall be considered the normal water level of a basin without a piped outlet, provided soil conditions allow full drainage of recent storm event within 48 hours. ii. For existing waterbodies without piped outlets, mottled soils may be considered in establishing a waterbody’s normal water level in lieu of groundwater analysis. iii. An emergency response plan shall be developed for addressing potential flooding in homes below the overland emergency overflow swale around each waterbody without a piped outlet.

The plans shall be adopted by the City and be included in a maintenance agreement for the development.

(3) For underground parking structures: i. Underground parking structures shall be flood protected to minimize impacts from high groundwater during flood events. ii. All drainage structures within underground parking shall include an anti-backflow device to prevent stormwater from surcharging into the area.

(4) Emergency overflow swales or areas shall be constructed to convey the peak 100-year discharge from each waterbody to the next downstream waterbody and away from buildings.

4.

EXHIBITS. The following exhibits must accompany the online permit applications in . One set, full size; two sets, reduced to 11" x 17"; and copies of all submittals in electronic .pdf format.

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(a) Site plan showing the property lines, location, delineation of the work area, existing elevation contours of the work area, ordinary high-water elevations, and 100-year flood elevation. (b) Bench marks, including datum used, to establish vertical control. (c) Grading plan showing any proposed elevation changes including low floor elevations of adjacent buildings and 100-year flood elevations resulting from proposed development. (d) Utility plans and details. (e) Roadway plans and details. (f) Preliminary plat of any proposed land development. (g) Stormwater management plan showing all data and computations used in estimating runoff, drainage areas, stormwater storage, and flood elevations for the 2-year, 10-year, and 100-year storm events for both existing conditions and post development conditions. Study The plan shall be prepared and signed by a Minnesota licensed professional engineer. PlanStudy shall include a figure of receiving waterbodies downstream of the site. (h) Computation of change in flood storage capacity resulting from proposed grading. (i) Erosion control plan. (j) All plans shall be signed by a Minnesota licensed engineer.

Rule E: 1.

WETLAND MANAGEMENT

POLICY. It is the policy of the Board of Managers to: (a) Manage wetlands to achieve no-net loss of acreage and values and where

possible, strive to enhance the functions and values of existing wetlands within the District; (b) Identify wetland restoration and creation sites to enhance water quality and/or

restore natural habitats; and (c) Interact with cities in the administration of the Wetland Conservation Act if

desired by the cities.

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2.

REGULATION. No person may fill, drain, excavate or otherwise alter the character of a wetland without first obtaining a permit from the District.

3.

CRITERIA. (a) Wetlands shall not be drained, filled wholly or in part, excavated, or have sustaining hydrology impacted such that there will be a decrease in the inherent (existing) functions and values of the wetland. Wetland impacts shall be evaluated based on the following principles in descending order of priority: avoid the impact to the wetland, minimize the impact to the wetland, replace the wetland that was impacted. Projects that propose wetland impacts shall follow the requirements provided in the Minnesota Wetland Conservation Act and associated rules with the following amendments: (1) The de minimis size will be zero.

(2) Sequencing Flexibility will not be allowed.

(3) Permanently impacted wetlands shall be replaced through creation of new wetland, restoration of drained wetlands, or expansion of existing wetlands of the same type (Circular 39) at a minimum 2:1 ratio.

(4) All WCA non-temporary impact exemptions to wetlands will not be allowed.

(5) All wetland replacements shall be within the Districtâ&#x20AC;&#x2122;s boundaries. (b) A minimum buffer of 25 feet of permanent District approved un-manicured vegetative ground cover abutting and surrounding a wetland is required.

4.

LOCAL GOVERNMENT UNIT. The District intends to serve as the "lLocal Ggovernment Uunit (LGU)" for administration of the Minnesota Wetland Conservation Act, unless a particular local government unitLGU in the District has elected to assume that role in its jurisdictional area. Notwithstanding the above, the District will continue to require wetland alteration permits under this rule.

5.

EXHIBITS. The following exhibits must accompany the online permit applicationapplications .

One set, full size; one set, reduced to 11"X17" and a copy of all submittals in electronic .pdf format. (a) Site plan showing: (1) Property lines and, corners, and delineation of lands under ownership of the applicant.

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(2) Existing and proposed elevation contours with at least a 2-foot contour interval, including the existing runout elevation and flow capacity of the wetland outlet, and spoil disposal areas.

(3) Area of the wetland portion to be filled, drained, excavated, or otherwise altered. (b) Complete delineation of the existing wetland(s), supported by the following documentation: (1) Identification of the delineation method used in accordance with the 1987 Army Corps of Engineers Manual.

(2) Identification of presence or absence of normal circumstances or problem conditions.

(3) Basin classification using the Cowardin method and Circular 39.

(4) Inventory of wetland vegetation using Eggers, Steve D., and Donald M. Reed. 1997. Wetland plants and communities of Minnesota and Wisconsin.

(5) Wetland data sheets, or a report, for each sample site, referenced to the location shown on the delineation map. In each data sheet/report, applicant must provide the reasoning for satisfying, or not satisfying each of the technical criteria and why the area is or is not a wetland.

(6) A delineation map showing the size, locations, configuration and boundaries of wetlands in relation to identifiable physical characteristics, such as roads, fence lines, waterways, or other identifiable features.

(7) The location of all sample sites and stakes/flags must be accurately shown on the delineation map. Delineations submitted by applicants will normally be field-verified by District staff knowledgeable in wetland identification. Applicants must leave stakes in the field to aid review of the site. (c) A replacement plan, if required, outlining the steps followed for the sequencing process and including documentation supporting the proposed mitigation plan. (d) A wetland functions and values assessment comparison before and after project.

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(e) An Erosion Control Plan.

6.

EXCEPTIONS. Rule E and its requirements will not apply to annually cultivated and used for farming, research, or horticulture, unless the activity results in draining or filling the wetland.

Rule F:

EROSION AND SEDIMENT CONTROL

1.

POLICY. It is the policy of the Board of Managers to require the preparation and implementation of erosion and sediment control plans to control the export of sediment off site, which impacts surface water quality.

2.

REGULATION. No person or political subdivision shall commence a land disturbing activity orf the development of land one acre or greater, unless specifically exempted by this Rule, without first obtaining a permit from the District that incorporates and approves an erosion and sediment control plan for the activity or development.

3.

CRITERIA. Erosion and sediment control plans shall comply with the following criteria: (a) Erosion and sediment control measures shall be consistent with best management practices, and shall be sufficient to retain sediment onsite as demonstrated in the MPCA manual, â&#x20AC;&#x153;Protecting Water Quality in Urban Areasâ&#x20AC;?, as amendedMinnesota Stormwater Manual. (b) Erosion and sediment control measures shall meet the standards for the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program, Permit MN R100001 (NPDES General Construction Permit), issued by the Minnesota Pollution Control Agency, except where more specific requirements are required. (c) The activity shall be phased when possible to minimize disturbed areas subject to erosion at any one time. (d) All construction site waste, such as discarded building materials, concrete truck washout, pavement or masonry cutting slurry, chemicals, litter, and sanitary and hazardous waste at the construction site shall be properly managed and disposed of so they will not have an adverse impact on soil or water quality.

Commented [FK26]: Additions to the definition.

(e) All turbid or sediment-laden waters related to dewatering must be discharged to a temporary sediment basin on the project site unless infeasible. Permittees

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must provide appropriate Best Management Practices (BMPs) to water discharged to a surface water such that the discharge does not adversely affect the receiving water or downstream properties. Permittees must continuously monitor discharge to any surface water to ensure adequate treatment has been achieved. Discharge points must be adequately protected from erosion and scour through accepted energy dissipation methods. (f) Use of temporary sediment basins are required where 10 or more acres of disturbed soil drain to a common location. Basin design and construction must comply with NPDES General Permit requirements. (e)(g) Erosion and sediment controls necessary at the beginning of the project shall be installed before commencing the land disturbing activity, and shall not be removed without District approval or until the District has issued a certificate of completion. Applicants may phase installation of erosion and sediment controls provided the phasing plan is included in the approved erosion and sediment control plan. (f)(h) The permittee shall be responsible for proper operation and maintenance of all erosion and sediment controls, and soil stabilization measures, in conformance with Best Management Practices and the requirements of the NPDES General Construction Permit. The permittee is responsible for the operation and maintenance of temporary erosion prevention and sediment control BMPs at the site over all of the areas of the site that have not been fully stabilized until the District has transferred the permit to another permittee, or until the site has undergone final stabilization as reviewed and approved by the District has and received an approved certificate of completion.

4.

EXHIBITS. The following exhibits must accompany the online permit application . One set, full size; one set, reduced to 11"x17"; and a copy of all submittals in electronic .pdf format. (a) An existing and proposed topographic map which clearly shows contour elevations with at least 2-foot contour intervals on and adjacent to the land, property lines, all hydrologic features, the proposed land disturbing activities, and the locations of all runoff, erosion and sediment controls, and soil stabilization measures. (b) Plans and specifications for all proposed runoff, erosion and sediment controls, and temporary and permanent soil stabilization measures.

(1) Temporary erosion and sediment control measures which will remain in place until permanent vegetation is in place, shall be identified.

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Commented [FK27]: Added language to achieve consistency with MS4 and NPDES permits.

(2) Permanent erosion and sediment control measures such as emergency overflow swales shall be identified. (c) Detailed schedules for implementation of the land disturbing activity, the erosion and sediment controls, and soil stabilization measures. (d) Plans and specifications for dewatering methods and outlet of stormwater. (e) Plans and specifications for management and containment of all solid and liquid wastes, including hazardous wastes and concrete materials. (f) Plans, specifications, and maintenance thresholds for temporary sediment basins if required by the permit.

Commented [FK28]: Added language to achieve consistency with MS4 and NPDES permits.

(e)(g) Detailed description of the methods to be employed for monitoring, maintaining, and removing the erosion and sediment controls, and soil stabilization measures. The name, address, and phone number of the person(s) responsible shall also be provided. (f)(h) For projects over one acre of disturbed area, documentation that the project applicant has applied for a NPDES General Construction Permit shall be submitted as well as the Stormwater Pollution Prevention Plan (SWPPP) prepared for the NPDES permit.

5.

EXCEPTIONS. (a) Rule F and its requirements will not apply to development less than 1 acre in size for all land uses, unless such development is greater than 1,000 square feet and: (1) Is within the 100-year floodplain; or (2) Is adjacent to a wetland, stream, public water, or public water wetland. (b) Rule F and its requirements will not apply to annually cultivated land used for farming, research, or horticulture.

Rule G: 1.

ILLICIT DISCHARGE AND CONNECTION

POLICY. It is the policy of the Board of Managers to: (a)

Regulate the contribution of pollutants to the Districtâ&#x20AC;&#x2122;s municipal separate storm sewer system (MS4) by any user;

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(b)

Prohibit Illicit Connections and Discharges to the District’s MS4;

(c)

Establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this Rule;

(d)

Require a District permit for new direct connections, significant changes to existing hydrology, and other impacts related to the proper function, access, and maintenance to the District’s MS4 or easements; and

(e)

Not allowProhibit new direct connections or other impacts to the Trout Brook Interceptor or other components of the District’s MS4 if the connection will cause or exacerbate water conveyance, or structural problems in the system, including but not limited to surcharging and flooding.

2.

REGULATION. This Rule shall apply to all water entering the storm drain system of the District’s MS4 generated on any developed and undeveloped lands unless explicitly exempted by the District. A permit and stormwater management plan is are required under this rule for new direct connections, replacement of existing connections, changes to existing hydrology, or other impacts to the Trout Brook Interceptor, the District’s MS4, or its easements.

3.

CRITERIA. (a)

Connection to the District’s MS4 System.

(1) New direct connections and replacement of existing connections will be completed using a method that is approved by the District.

(2) Peak flow rate, the total volume of flow, and the timing of the flow for new connections must be managed to not cause new water conveyance problems or exacerbate existing water conveyance problems in the Trout Brook Interceptor. Enlargement of existing connections is considered a new connection.

(b)

Discharge Prohibitions.

(1) Prohibition of Illegal Discharges. No person or political subdivision shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

(2) Prohibition of Illicit Connections. The construction, use, maintenance, or continued existence of illicit connections to the storm drain system without a District permit is prohibited.

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(i) 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. (ii) A person is considered to be in violation of this Rule if the person connects a line conveying sewage to the District’s MS4 or allows such a connection to continue. (c)

Suspension of MS4 Access.

(1) Suspension due to Illicit Discharges in Emergency Situations. The District may, without prior notice, suspend MS4 discharge access when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the District’s MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the District may take such steps as deemed necessary to prevent or minimize damage to the District’s MS4 or Waters of the United States, or to minimize danger to persons or the environment.

(2) Suspension due to the Detection of Illicit Discharge. Any person discharging to the District’s MS4 in violation of this Rule may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The District will notify a violator of the proposed termination of its MS4 access. The violator may petition the District for a reconsideration and hearing. A person commits an offense subject to enforcement if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the District.

(d)

Monitoring of Discharges.

(1) Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

(2) Access to Facilities. (i) The District shall be permitted to enter and inspect facilities subject to regulation under this Rule as often as may be necessary to determine compliance with this Rule. The discharger shall make the necessary arrangements to allow access to representatives of the District.

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(ii) Facility operators shall allow the District ready access to all parts of the premises for the purposes of inspection, sampling, examination, and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (iii) If the District has been refused access to any part of the premises from which stormwater is discharged, then the District may seek issuance of a search warrant from any court of competent jurisdiction. (e)

Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management PracticesBMPs. The owner or operator of a commercial or industrial establishment 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 ofby these structural and non-structural BMPs. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required by the District to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system.

(f)

Watercourse Protection. Every person owning property through which a watercourse passes, shall keep and maintain that part of the watercourse within the property free of trash, debris, 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 ownedprivately-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.

(g)

Notification of Spills. Notwithstanding 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 result or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the 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 release. In the event of a release of nonhazardous materials, said person shall notify the District in person or by phone or facsimile no later than the next business day following discovery of the release.

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(h)

Enforcement.

(1) Notice of Violation. Whenever the District finds that a person has violated a prohibition or failed to meet a requirement of this Rule, the District may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (i) The performance of monitoring, analyses, and reporting; (ii) The elimination of illicit connections or discharges; (iii) That violating discharges, practices, or operations shall cease and desist; (iv) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (v) Payment of a fee to cover administrative and remediation costs; and/or (vi) The implementation of source control or treatment BMPs. (2) Abatement. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

(3) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the District. The notice of appeal must be received within 5 days from the date of the Notice of Violation. Hearing on the appeal before the District Board of Managers shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the District shall be final.

(4) Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 3 days of the decision of the District Board of Managers, then representatives of the District are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the

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District or its agents to enter upon the premises for the purposes set forth above.

(5) Cost of Abatement. The District may assess costs of abatement. Within 30 days after abatement of the violation, the District shall notify the property owner of the cost of abatement, including administrative costs.

The property owner may file a written protest objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(6) Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Rule. If a person has violated or continues to violate the provisions of this Rule, the District may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(7) 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 Rule 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.

(8) Relation to Other Rules. None of the enforcement provisions of this Rule shall abridge or alter the right of the District to seek remedies provided for under Rule H herein.

4.

EXHIBITS. The following exhibits must accompany the online permit application. One set, full size; one set, reduced to 11â&#x20AC;?x17â&#x20AC;?; and a copy of all submittals in electronic .pdf format. (a)

Property lines and delineation of lands identifying ownership and easements.

(b)

Proposed and existing stormwater facilitiesâ&#x20AC;&#x2122; location, alignment and elevation.

(c)

Identification of existing and proposed site contour elevations with at least a 2-foot contour interval.

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5.

(d)

Construction plans and specifications of the proposed connection, including design details, connection method, and timing of connection.

(e)

Stormwater runoff volume and rate analysis for the 2-, 10-, and 100-year critical events, existing and proposed conditions.

(f)

Narrative addressing incorporation of stormwater BMPs.

(g)

On-site soil boring indicating soil type.

(h)

Construction dewatering plan and construction water control and treatment plan.

EXCEPTIONS. (a)

The following discharges are exempt from discharge prohibitions established by this Rule: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, street wash water, and any other water source not containing Pollutants.

(b)

Discharges specified in writing by the District as being necessary to protect public health and safety.

(c)

Dye testing is an allowable discharge but requires a verbal notification to the District prior to the time of the test.

(d)

Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full 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.

Rule H: 1.

ENFORCEMENT

MISDEMEANOR. A violation of these Rules, an order, or stipulation agreement made, or a permit issued by the District is a misdemeanor subject to penalties as provided by Minnesota law.

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2.

METHOD OF ENFORCEMENT. The District may exercise all powers conferred upon it by Minnesota Statutes Chapter 103D. A rule, order, or stipulation agreement made or a permit issued by the District may be enforced by criminal prosecution, injunction, action to compel performance, restoration, abatement, and other appropriate action.

3.

PERMIT REQUIREMENT. Pursuant to the terms of the permit, the District may issue a cease and desist order when it finds that a proposed or initiated activity or project presents a serious threat of soil erosion, sedimentation, or an adverse effect upon water quality or quantity, or violates any rule of the District.

4.

ATTORNEY FEES AND COSTS. In any civil action arising from or related to these Rules, an order or stipulation agreement made or a permit issued or denied by the District, the court may award the District reasonable attorney fees and costs.

5.

ILLICIT DISCHARGE. In addition to the remedies provided for in this Rule, the enforcement of Rule G shall be governed by Rule G(3)(h).

Rule I:

VARIANCES

1.

WHEN AUTHORIZED. The Board of Managers shall have the power to grant variances from these Rules where they find that extraordinary and unnecessary hardships may result from strict compliance with these Rules; provided that such variances will not have the effect of nullifying the intent and purpose of these Rules and the overall plan of the District as adopted.

2.

PROCEDURE. (a) The Board of Managers will not consider a variance for Rule C until the applicant has completed all of the steps of the alternative compliance section in Rule C. (b) A written request for a variance shall be submitted to the District at least 12 calendar days prior to a regularly scheduled meeting date of the Board of Managers stating the exceptional conditions and the peculiar difficulties claimed. (c) The request shall be referred to the Board and they shall review the request within 30 days of the date the request was filed with the District. (d) In considering requests for variances, the Board shall consider the effect of the proposed variance upon the entire District and the anticipated effect of the proposed variance upon the overall plan of the District as adopted.

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(e) If the Board determines that the special conditions which apply to the structure or land in question are peculiar to such property, and do not apply generally to other land or structures in the District and that the granting of a variance will not in any way impair or be contrary to the intent of these Rules and the overall plan of the District as adopted, the Board may grant such variances and impose conditions and safeguards to einsure compliance with these Rules and to protect adjacent property. (f) Variances may be denied by Motion of the Board and such Motion shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six months from the date of said denial, except on grounds of new evidence or proof of change of conditions found to be valid by the District.

3.

TERM. The term of a variance shall be concurrent with the associated permit.

4.

VIOLATION. A violation of any condition set forth in a variance shall be a violation of the District rules and shall automatically terminate the variance.

Rule J:

SEVERABILITY

If any provision of these Rules is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Rules shall not be affected thereby.

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DATE:

February 27, 2019

TO:

Technical Advisory Committee

FROM:

Paige Ahlborg, RWMWD Forrest Kelley, CRWD

SUBJECT:

Response to Comments on Informal Draft Rule Amendments

The following are responses to comments received on CRWD and RWMWD draft rules as part of an informal review period.

From St. Paul Port Authority: 1. Request to change minimum erosion control threshold from 1,000 sf to 10,000 sf.

Response: Most wetlands in urban areas have been lost to past fill activity. The remaining wetlands have been deliberately protected from the impacts of construction activity with this disturbance threshold. This protection has been in place since 2006. No change proposed.

2. Phase-in Cost Cap and Stormwater Impact Fund Contribution over 5-10 yrs.

Response: Most private projects will be unaffected by this change and would already be budgeting for installation of onsite treatment practice, as they cannot pay into the stormwater impact fund until Alternative Compliance Sequencing has been completed. Phasing increases over time will result in additional delay in setting the contributions at a level that more accurately reflects the cost of implementing water quality BMPs. The 2020 timeline is proposed to remain and evaluation of the cost cap and SIF will occur more frequently.

3. Request to not require NPDES application and SWPPP documentation since they are a duplicate requirement of the NPDES permit.

Response: Applicants for projects that disturb one acre of land are already required to obtain NPDES permit coverage, and providing documentation is not be a substantial burden. This confirmation is important in avoiding enforcement issues for the applicant. Additionally, SWPPPs are not reviewed as part of an NPDES application unless a project disturbs over 50 acres within one mile of an impaired or

special water. The NPDES permit documentation will continue to be a requirement for permit issuance.

4. Move certain language from exceptions section to the regulation section.

Response: This change could be perceived as adding regulation and has not been previously discussed with the TAC. Exceptions are referenced in the regulation statement, and no documented issues have arisen to date. To reduce confusion during this current amendment process, no change is proposed, but future discussion should be considered.

From MnDOT: 1. Request Runoff Volume be based on net new impervious rather than new/reconstructed impervious to incentivize reductions in impervious coverage.

Response: The new/reconstructed impervious language will remain. Changing this requirement would result little to no water quality improvement within urbanized watersheds, which is inconsistent with district missions. Minimizing impervious surfaces is incentivized by requiring less treatment for less hard surface.

From Landform: 1. Remove road qualifier in “Land Disturbance” definition.

Response: Agreed, any impervious surface mill and overlay activity that does not disturb underlying soil should meet the exception, not just road/linear projects.

New suggested definition: “Any activity on property that results in a change or alteration in the existing ground cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to: development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, stockpiling, excavation, and borrow pits. Routine vegetation management and road pavement milling/overlay activities that do not alter the soil material beneath the road pavement base, will not be considered land disturbance.

In addition, in-kind catch basin and pipe repair/replacement done in conjunction with a mill/overlay project shall not be considered land disturbance.”

2. Add definition for “Road Base” (Land Disturbance Definition).

Response: Edits from previous question negates the need for the additional definition.

3. Add definition for “Soil Material” (Land Disturbance Definition).

Response: Definition of soil material is proposed to include reference to the typical road section figure found below.

New suggested definition: Any non-aggregate material that underlays a road or pavement section, including subbase and select grading material, in the context of the Land Disturbance Definition.” i. Adapted from 6/20/17 MnDOT Pavement Design Manual: https://www.dot.state.mn.us/materials/pvmtdesign/docs/newmanual/Chapter%2 03.pdf (see diagram below)

4. Add definition for “Site” [Rule C:3(d)].

Response: Adjustment will be made to language, see item 7 below.

5. Remove D soils from design infiltration rate table (or remove table altogether).

Response: Table 1 will be removed from the Rules document and reference to the MN Stormwater Manual will be used as a replacement.

6. Consider allowing proprietary devices (PD) to meet volume reduction requirement.

Response: Proprietary devices that provide the required filtration volumes as calculated between the overflow and the low outlet per Rule C:3(c)(3)(i) are allowed under Alternative Compliance Sequencing. New and emerging technologies may require review of third-party testing to ensure adequate removal efficiencies. No rule change necessary.

7. Regarding Rule C:3(d): Response: Adjustment will be made to section C:3(d) as follows: “Developments shall incorporate effective non-point source pollution reduction BMPs to achieve 90% total suspended solids removal from the site disturbed area of the project.

Runoff volume reduction BMPs may be considered towards compliance with the 90% TSS removal requirement. Water quality calculations, documentation, and/or water quality modeling may be requested to verify compliance with the standard.

Documentation of 90% TSS removal is not required for projects that achieve compliance through Stormwater Impact Fund contributions.

Technical Memo To:

Mr. Forrest Kelley, Capitol Region Watershed District

From:

Todd Shoemaker, PE, CFM Eric Osterdyk, EIT

Date:

September 27, 2018

Subject: Research for Potential 2018 Permit Cost Cap Changes Capitol Region Watershed District (CRWD) and Ramsey Washington Metro Watershed District staff met on December 18, 2017 to discuss potential changes to their permit program rules. Staff tasked Wenck with researching and providing information regarding cost cap adjustment. Our research and recommendations are presented below.

Determine if Cost Cap Adjustment is Necessary and, if so, by How Much.

1. Issue a. Cost cap has not been adjusted since March 2008. b. Should the cap amount be adjusted?

2. Considerations a. National Numbers: 1. Chesapeake Bay = $150k/imp acre 2. San Francisco = $600k+/imp acre 3. Pittsburgh = $150k – 200k/imp acre a. (http://apps.pittsburghpa.gov/pwsa/7._Cost_Estimates_Development.p df) 4. New York = $129k/imp acre a. Water Environment Federation (WEF) http://stormwater.wef.org/2015/12/real-cost-green-infrastructure/ b. Filtered list such that only linear projects that hit the cost cap were included in analysis.

1. Of the projects considered, two were constructed when the cost cap was $20,000 per acre. Resolution increasing the cost cap to $30,000 per acre was adopted on March 5, 2008 (Resolution #08-03-07). Permits 07-011 and 07-013 were approved in 2007.

2. The oldest project with the $30,000 cost cap is 10-003 (CCLRT).

3. Four projects were excluded: one because it resulted in extremely high $175/cf and three that provided bank credits, which resulted in 195%, 325%, and 1,925% of required volume.

4. Volumes used in charts/calculations below reflect “equivalent” volumes.

Equivalent Volume = Volume Retained + Volume Filtered / 1.82

Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com

Mr. Forrest Kelley Regulatory Division Manager Capitol Region Watershed District September 27, 2018

Figure 1. Cost estimate per effective storage.

Based on Figure 1: 5. Increasing trend but poor correlation (R2 value is 0.15).

6. In 2008, one cf of storage cost approximately $15.

7. In 2018, one cf of storage costs approximately $37.

8. The increase from $15 to $37 over ten years corresponds to an average increase in cost of 9.7%/yr. Average US inflation rate over the same period was about 2.7%/yr.

2 S:\Permit Inspection\2018\TAC\Informal Review\M - Kelley, Forrest re Rules Research_V5.docx

Mr. Forrest Kelley Regulatory Division Manager Capitol Region Watershed District September 27, 2018

Figure 2. Storage provided per impervious acre.

Based on Figure 2: 9. Decreasing trend but poor correlation (R2 value is 0.10).

10. In 2008, approximately 3,316 cf of storage was provided per impervious acre.

11. In 2018, approximately 2,117 cf of storage will be provided per impervious acre.

3. Options a. Option 1: Set cost cap to $75,000/impervious acre.

1. This was determined by taking the 2008 cost cap ($30,000/imp acre) plus the average increase of stormwater management cost (9.7%) over the past 10 years.

2. $75,000 in 2018 achieves approximately 2,017 cf of storage or 0.56” runoff depth off impervious.

3. For reference, 0.56” is approximately the abstraction depth (0.55”) recommended by MIDS for linear projects. b. Option 2: Set cost cap to $150,000/impervious acre.

1. This was determined by taking the 2018 cost/cubic ft trendline from Figure 1.

2. $150,000 in 2018 achieves approximately 3,993 cf of storage or 1.1” runoff depth off impervious.

3 S:\Permit Inspection\2018\TAC\Informal Review\M - Kelley, Forrest re Rules Research_V5.docx

Mr. Forrest Kelley Regulatory Division Manager Capitol Region Watershed District September 27, 2018

c. Option 3: Set cost cap to $112,000/impervious acre (halfway between options 1 and 2 above) 1. $112,000 in 2018 achieves approximately 3,005 cf of storage or 0.83” runoff depth off impervious. d. Option 4: No cost cap, applicant will be required to meet full 1.1” of runoff regardless of cost.

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Memorandum To: From: Subject: Date: Project: c:

Paige Ahlborg & Nicole Soderholm, RWMWD Brandon Barnes Stormwater Impact Fee Assessment October 26, 2018 23-62-0031.16-180-010 Tina Carstens RWMWD Forrest Kelley, Elizabeth Hosch, CRWD Erin Anderson Wenz, Barr

Rule C: Stormwater Management Section 3(c)(2) describes the Alternative Compliance Sequencing for sites where the volume reduction standard cannot be fully met onsite with infiltration BMP. Section 3(c)(2)(iii) allows, as a last alternative, for the applicant to pay a stormwater impact fee (SIF) into the District’s Stormwater Impact Fund to cover the cost of implementing equivalent volume reduction elsewhere in the watershed. The Rule states that, “the required amount to contribute to the Stormwater Impact Fund shall be set by the Board annually.” RWMWD last set the SIF at $40,000 per acre of impervious area in 2008, and are interested in updating the SIF based on current construction costs.

Barr and RWMWD staff considered construction costs for several types of BMPs. Construction costs included in the evaluation were selected based on the following criteria. 

The BMP was constructed between 2015 and 2018. Barr and RWMWD staff selected a cutoff of 2015 because that is when the District adopted the current rules and the volume reduction requirement was revised from 0.9-inches of runoff to 1.1-inches of runoff from new and disturbed impervious surfaces.



Only above ground infiltration and filtration BMPs were considered. Typically more expensive BMPs such as tree trenches, green roofs, and porous pavement were not considered.



Costs data for both public and private projects were included in the evaluation.



Costs were limited to construction costs. Costs associated with future maintenance of a regional BMP were not considered

Construction costs were converted to 2018 dollars using ENR Construction Cost Indices. Costs were then normalized based on the infiltration volume provided by each BMP. Figure 1 shows the construction cost per cubic foot of infiltration volume provided for the 68 BMPs evaluated.

Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com

To: From: Subject: Date: Page:

Paige Ahlborg & Nicole Soderholm, RWMWD Brandon Barnes Stormwater Impact Fee Assessment October 26, 2018 2

BMP Cost Evaluation $/CF $200 $180 $160 $140

$/CF

$120 $100 $80 $60

$40

Average $27.11/cf

$20 $0 0

10

20

30

40

50

60

70

BMP No.

Figure 1.

Construction Cost per Cubic Foot of Volume Reduction Provided

The District’s current volume reduction requirement of 1.1-inches for new and disturbed impervious surfaces is equivalent to 3,993 CF of infiltration volume per impervious acre. Based on the average construction cost of $27.11/CF of infiltration volume provided, the SIF would be $108,250 per impervious acre (i.e., $27.11/CF x 3,993 CF/acre of impervious area = $108,250).

For comparison, RWMWD and CRWD staff presented Stormwater Impact Fees from other areas of the country at the September 19, 2018 TAC meeting. Stormwater Impact Fees presented included: 

Chesapeake Bay: $150,000 per acre of impervious area



San Francisco: $600,000+ per acre of impervious area



Pittsburgh: $150,000 to $200,000 per acre of impervious area



New York: $129,000 per acre of impervious area



Roseville, MN: $89,842.50 per acre of impervious area

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