HomeMy WebLinkAbout5C Stormwater Pollution Prevention Program Revisions
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
OCTOBER 6, 2008
5C
ROSS BINTNER, WATER RESOURCES ENGINEER
CONSIDER APPROVAL OF A RESOLUTION REVISING THE CITY
STORMWATER POLLUTION PREVENTION PROGRAM
AGENDA ITEM:
DISCUSSION:
Introduction
The purpose of this agenda item is for City Council to consider a resolution
revising the City or Prior Lake's Stormwater Pollution Prevention Program.
Historv
The City of Prior Lake holds a General Stormwater Permit for Small Municipal
Separate Storm Sewer Systems (MS4). This permit is a requirement of the
Clean Water law and is administered by the State of Minnesota through the
Minnesota Pollution Control Agency (MPCA). As part of the permit the City
was required to create a Stormwater Pollution Prevention Program (SWPPP).
This permit began in 2001 and was revised in 2006. The current permit serves
from 2006 to 2011 but the standards expected by the MPCA have been
substantially escalated and individual permit audits are being completed to
require implementation as part of the existing permit.
This summer the MPCA performed a review of the entire City SWPPP and
audited a portion of the City's program. Attached are comment letters from the
MPCA providing critiques, requesting changes, and suggesting improvements
to the SWPPP. It should be noted that Prior Lake and Blaine were the first
Cities audited as part of the update so there is no basis of comparison for our
program to others in the correspondence from the MPCA.
Current Circumstances
City Staff has proposed changes to the SWPPP document that meet the
requirements in the MS4 permit. Attached is a draft response letter to address
each point in the MPCA review and audit. Some items were changed as
requested by the MPCA, others were addressed to better meet the intent of
the permit but did not use the MPCA requested changes. Generally, existing
City standards and methods already met requirements of the MS4 permit, but
SWPPP did not clearly explain how these authorities worked.
Because elements of the SWPPP become legal requirements, staff has
endeavored to limit program elements spelled out in the SWPPP to those
specifically required by the permit. Many MPCA comments in the audit
document detail recommendations for a robust program. While staff does not
disagree with the water quality goals of a mature program, we disagree with
the need to spell out program elements over and above the permit requirement
in the legal document.
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An example of this difference is the City of Prior Lake street sweeping
program. The City sweeps streets with state of the art equipment and tracks
performance in an innovative manner that allows continual readjustment and
learning to focus on pollutant removal. A street sweeping program is not
required by the MS4 permit, and therefore our program is not mentioned in the
SWPPP.
Other examples of water quality efforts that go above and beyond permit
requirements and therefore are not mentioned in the SWPPP include:
Neighborhood raingardens, street reconstruction water quality retrofits,
innovative winter deicing programs, urban reforestation planning, parkland tree
plantings, lake bank stabilization efforts, native forest and prairie restorations,
ambient water quality monitoring, maintenance and inspection tracking
systems, invasive aquatic plant management, outlet channel stabilization,
water quality modeling and studies, and others.
An important reason for cities to keep these "over-and-above" efforts out of
their SWPPPs is to limit legal liabilities. When the MS4 permit is rewritten
every 5 years, more and more standard practices get written into permit
requirements. This raising of the bar has already added many requirements to
an already unfunded mandate after just a single revision. While more
participation in these standard practices should be a goal of many Cities,
inclusion in the MS4 permit exacerbates the paperwork requirement and takes
away local control.
ISSUES:
A summary of changes to the SWPPP follows:
MCM 1 - This section was rewritten to remove an education reference
document and instead spell out specific education efforts, audiences,
educational goals, and performance measures.
MCM 2 - No changes were proposed to this section.
MCM 3 - No changes were proposed to this section.
MCM 4 - This section was restructured to better explain how the City
plans to meet permit requirement. There was some confusion in both
review and audit as to whether the City currently has a procedure for
site inspection and enforcement; it does, and it is now better articulated
in the SWPPP. The MS4 permit requires the City to monitor both
public and private construction sites and encourage and compel
compliance when deficiencies are found.
MCM 5 - This section was restructured to better explain City authority.
There was some confusion in both the review and audit about how the
City requires and enforces design standards.
MCM 6 - This section was revised to better convey the goal of the
maintenance of BMPs; to maintain an average system-wide level of
service.
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Attached is a draft of the response letter detailing changes to the SWPPP and
the revised SWPPP itself. Each revision was crafted to meet permit
requirements and retain flexibility in implementation.
FINANCIAL
IMPACT:
The SWPPP is a rigorous program intended to prevent storm water pollution
and has real financial costs. Changes proposed in this revision will require
more staff time to track and record permit compliance. In essence I will be
spending substantially more time administering the program. The City will be
even more dependant on seasonal staff to do inspections and other basic work
related to this program. The 2009 budget reflects the funding we anticipate
will be necessary to implement and administer the program. The funding
source for this budgciis the storm water fee and does not impact property
taxes.
ALTERNATIVES:
1. Approve a resolution revising the City or Prior Lake's Stormwater Pollution
Prevention Program.
2. Deny this item for a specific reason and provide staff with direction.
3. Table this item until some date in the future.
RECOMMENDED
MOTION:
Alternative #1 .
Revif"d b~ l
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Frank BOYID ~nager
-
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 08-xx
A RESOLUTION APPROVING A REVISED CITY STORMWA TER POLLUTION
PREVENTION PROGRAM.
Motion By:
Second By:
WHEREAS, The MPCA has performed an review and audit of the Prior Lake Stormwater Pollution
Prevention Program (SWPPP), and;
WHEREAS, The MPCA has requested changes to the City's SWPPP to more clearly meet permit
requirements, and;
WHEREAS, City Staff has revised the City SWPPP to meet permit requirements, and;
WHEREAS, The revised SWPPP is dated June 1, 2006 with a revision date of October 6, 2008.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The revised SWPPP is hereby approved and shall be forwarded to the MPCA to be advertised for
statewide public notice.
3. City Staff is authorized to make minor amendments mandated by the MPCA or statewide notice
reviews.
PASSED AND ADOPTED THIS 6TH DAY OF OCTOBER 2008.
YES
NO
I Haupen
I Erickson
I Hedberg
LeMair
Millar
Haupen
Erickson
Hedberg
LeMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
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Response to July 22, 2008 Review Letter:
MPCA Comment: Early in addressing BMPs for Minimal Control Measure (MCM) 1,
you mention a Joint Stormwater Education Plan (Plan). I have read the Executive
Summary for the Plan, why the Plan was needed, and how the Plan was developed. I
would ask that the City submit to the MPCA a completed copy of the Joint Stormwater
Educational Plan. This Plan can be submitted at the same time your responses to some of
my other comments and requests are sent to the MPCA.
Response 1: Best management practices (BMPs) for minimum control measure (MCM)
1 has been rewritten to include all plan elements on the BMP summary sheets. The Joint
Stormwater Education Plan will no longer be a reference document to the SWPPP.
MPCA Comment: 1. BMP 1 c-2 Educational Program: Public Participation. Under the
subheading of Activities Used To Reach Educational Goals you simply state "a variety of
activities are detailed in the Joint Education Plan." These need to be spelled out. As a
reviewer I am not sure what they are, so I can't imagine other folks that review Prior
Lake's SWPPP could either.
Response 2: BMP 1c-2 now includes a summary of the specific activity to meet the
public participation requirement of permit section V.G.1.a and V.G.1.c. We understand
that there is some overlap in this public participation educational BMP with other BMPs
in this section so the scope was limited to the direct interaction of the official public
hearing.
MPCA Comment: 2. BMP Ic-3 Education Program: lllicit Discharge Detection and
Elimination. Under Educational Goals for each audience there needs to be some mention
of illicit discharge, which is what this BMP is all about. Again, under the Activities Used
to Reach Educational Goals there is simply a reference made to "a variety of activities are
detailed in the Joint Storm Water Educational Plan." These must be spelled out..
Response 3: BMP 1c-3 now includes specific references to educating the public about
household activities on water quality and references illicit discharge specifically.
MPCA Comment: 3. The language in BMP Ic-1 through Ic-6 is verbatim. These are
discrete BMPs and need to be addressed in this manner. Cookie-cutter responses will be
rejected. Please rewrite these BMP Summary Sheets so they address the specific BMP. In
BMP Ic-4 discuss Construction Site Runoff and what impacts it may have on receiving
waters. In BMP Ic-5 discuss the impacts of not having post-construction stormwater
management in place. In any of the subheadings in - these BMPs where there is reference
to the Joint Stormwater Education Plan spell out the specific schedules, etc.
Response 4: See response 1. A discussion of not having post-construction stormwater
management in place was not included in BMP lc-5 because it did not seem relevant to
these education BMPs and is not specifically required by the Permit.
MPCA Comment: In BMP Ic-6 Educational Program: Pollution Prevention Good
Housekeeping the audience is really for the city of Prior Lake's public works department.
Rewrite this portion of this BMP.
Response 5: BMP has been rewritten to include City Staff as the audience.
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MPCA Comment: 5. In BMP Id-l Coordination of Education Program. Identify the
other cooperators working with Prior Lake.
Response 6: Permit section V.G.1.d asks for a description of how the education program
makes effective use of other programs. A description of the participation of Prior Lake in
a county-wide educational planning effort is now included.
MPCA Comment: 6. In BMP 4a-l Ordinance or other Regulatory Mechanism. Under
Measurable Goals the City has two, summary evaluation and New Ordinance, if
applicable. Neither of these two activities are measurable goals. Rewrite the Measurable
Goals for this BMP.
Response 7: A more specific measurable goal has been developed.
MPCA Comment: 7. In BMP 4b-l Construction Site Implementation of Erosion and
Sedimentation Control BMPs. In the BMP Description it states the City of Prior Lake
will do spot checks on active construction to monitor NPDES Permit compliance. This is
not an implementation strategy. You need to let the contractors and developers know
exactly what you expect of them in implementation of an Erosion and Sedimentation
Control BMPs. This could be a document you have prepared covering this topic along
with holding pre-construction meetings to let the contractors know what is expected and
that the City will be doing routine inspections of active construction sites. This BMP
Description needs to be rewritten to address an implantation plan for erosion and
sedimentation control and what BMPs are required for different situations.
Response 8: This BMP has been rewritten to better meet the requirements of permit
section V.GA and V.GA.a. Requirements of the construction site permit will be used to
judge active construction. We believe that if the goal to increase compliance with the
provisions of the construction site permit is met, the MS4 permit requirement to reduce
pollutants in stormwater runoff from construction sites can be assumed. The specific
details you include in your comments were not included in the BMP because they are all
included in the referenced NPDES construction site permit.
MPCA Comment: The Measurable Goals for BMP 4b-1 is not a sample or summary of
inspection reports. What about change in compliance and hence, a change in water
quality of receiving streams. The Measurable Goals for 4b-1 need to be rewritten.
Response 9: The goal is no longer assumed from the source of the measurement.
MPCA Comment: 8. BMP 4c-1 Waste Controls for Construction Site Operators. The
language within this BMP reads exactly like that in 4b-1 and they are not related. Read
section V.GAc of the MS4 Permit and rewrite this BMP.
Response 10: Waste controls are included in the construction site permit. I called you
about my confusion on this item and you agreed to withdraw the comment.
MPCA Comment: 9. The Measurable Goals under BMP 4d-l Procedure of Site Plan
Review to "continue review" is not a Measurable Goal, but is a requirement of the Permit
under BMP 4d-l. Develop Measurable Goals for this BMP.
Response 11: The goal has been rewritten.
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MPCA Comment: 10. The Measurable Goals for BMP 4e-l Establishment of
Procedures for the Receipt and Consideration of Reports of Storm Water Noncompliance
is not a Measurable Goal. Keeping summary data of complaints is a good idea for the
City, probably will not be asked for in any Annual Report. Develop Measurable Goals for
4e-l.
Response 12: The goal has been rewritten.
MPCA Comment: 11. BMP 4f-l Establishment of Procedures for Site Inspections and
Enforcement. Under the BMP Description for this BMP it states "When the City is
signatory to a NPDES construction site permit, site inspections will be complete as
required. Deficiencies found during construction site inspections will be corrected to the
terms spelled out in the permit". The City of Prior Lake has certainly established an
incorrect procedure for site inspections and enforcement in thinking that only City owned
projects will be inspected and deficiencies found must be corrected. Under the MS4
Phase 11 Municipal Stormwater Permit it is the duty of the permitee to establish
procedures for site inspections and enforcement of ALL construction sites that are active
and have a NPDES Construction Stormwater Permit. Rewrite this BMP Description to
include all construction sites within the political boundaries of the city of Prior Lake that
have a NPDES Construction Stormwater Permit. A summary of the active sites that the
city of Prior Lake intends to put in the Annual Report is not a Measurable Goal for this
BMP. Develop Measurable Goals that fit this BMP.
Response 13: Both City-owned and private construction sites are currently included in
the program and the BMP better reflects this now. The measurable goal for this no
longer assumed from the description, but instead specifically called out.
MPCA Comment: 12. In the BMP Description ofBMP 5b-l Regulatory mechanisms to
Address Post Construction Runoff from New Development and Redevelopment it states:
"The City sets design standards detailed in its Public Works Design Manual that give
criteria for rate, volume, and sediment/nutrient loads." This is good, but where is the
description of the regulatory mechanism? You need to rewrite the BMP Description and
give some detail as to the regulatory mechanism(s) the city of Prior Lake intends to
implement. The two items listed as Measurable 'Goals for BMP 5b-l are not. Develop
Measurable Goals that address BMP.
Response 14: The BMP has been rewritten to directly link required standards to
enforcement. These measures are already in place. The measurable goal has been
rewritten.
MPCA Comment: 13. In BMP 5c-l Long-term Operation and Maintenance of BMPs,
you state, the "city has a process for the operation and maintenance of its storrnwater
system. Describe this process. Under Measurable Goals, to be in compliance with two
mandatory BMPs are not Measurable Goals. Develop new Measurable Goals for 5c-l.
Response 15: The maintenance of BMPs for post construction stormwater management
is explained in detail in MCM 6 and this BMP has been rewritten to explain that
connection. There are no specific measurable goals associated with this BMP, but a sense
for compliance can be gained by reviewing compliance with those associated BMPs in
MCM 6. An unmeasured goal was added explaining that maintenance will keep up with
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system aging such that an average level of service will be maintained for the BMP system
as a whole.
MPCA Comment: 14. Under BMP 6b-2 Annual Inspections of All Structural Pollution
Control Devices, the Measurable Goals are requirements of the Permit not Measurable
Goals. Develop Measurable Goals that are aligned with BMP 6b-2
Response 16: See response 15.
Response to August 22, 2008 Audit Letter:
MPCA Comment: 2. Comprehensive Stormwater Management Planning--SWPPP
Planning: The city of Prior Lake (City) had a SWPPP drafted and had submitted it to
MPCA to review. A copy was available for everyone to examine and read excerpts. Ms.
Frey commented in her written findings that the SWPPP, as submitted to the MPCA,
provides very little detail on program activities and it did not contain any measurable
goals. From the documents brought to the audit by the city of Prior Lake and from the
discussions with Mr. Bintner, it was apparent Prior Lake's MS4 program was much more
complete than the SWPPP demonstrated. On July 22, 2008, the MPCA sent a letter to Mr.
Bintner outlining various BMP Summary Sheets from Prior Lake's SWPPP that needed to
be re-written. The MPCA anticipates receiving the updated SWPPP on or before October
16, 2008.
Response 17: Some changes were made to the SWPPP to better explain how the
program meets permit requirements, but much of the material explained by Staff during
the audit is not a part of the SWPPP, instead covers other water quality related efforts
undertaken by the City of Prior Lake.
MPCA Comment: 3. Comprehensive Stormwater Planning-Departmental Coordination:
<full text not included>
Response 18: No specific permit requirement. These comments are considered
informational.
MPCA Comment: 4. Comprehensive Stormwater Management Planning-Prioritization
of Resources: Ms. Frey asked Mr. Bintner if Prior Lake had established pollutants of
concern. If yes, are they based on the 303(d) list, TMDLs, land use concerns or existing
watershed planning? Mr. Bintner stated the City did have pollutants of concern and they
were hydrological impacts, TSS, and phosphorus. These three pollutants of concern are
not addressed in Prior Lake's SWPPP. It would be good to have these addressed in the
SWPPP so others reading the document could better understand the pollutants Prior Lake
is trying to manage at construction sites and the reasons why they want to manage these
pollutants. Ms. Frey asked how the permittee decided program implementation priorities
for resource allocation. Mr. Bintner said that at the present, Prior Lake's current priority is
to install BMP retrofits in tandem with street rehabilitation projects.
Response 19: The three pollutants of concern are those required by the MPCA to be
studied as part of Nondegradation planning (part X of the SWPPP). Although they are
not specifically listed on that BMP sheet, they are the focus of the study and the permit
section requiring the study is referenced. The summary for program prioritization and
implementation cut short the discussion at the audit: Although the City does
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comprehensive stormwater planning (required under other state law) and plans for the
prioritization (part of a normal budget process), neither is required by the permit, and is
therefore considered informational.
MPCA Comment: 5. Assessment and Evaluation: Ms. Frey asked if Prior Lake's
SWPPP is measured against goals or standards. Mr. Bintner said that currently it was not.
Again, this would be a goal to aim for in the near future; it is an internal measurement of
success with the MS4 program. Ms. Frey also asked if the City of Prior Lake had load
reduction goals established or assessed. At this time the City does not have load reduction
numbers in place. Again, this is a good goal to strive for that would enhance the MS4
program. Lastly, Ms. Frey asked if Prior Lake had assessed other types of improvements
as part of their MS4 program such as riparian habitat, stream corridors, aquatic habitat,
and groundwater resources. Mr. Bintner stated that the City conducts ambient water
quality monitoring to assess long-term trends in water quality. Wellhead protection is
another area the City is pursuing under other regulations.
Response 20: Typically water quality goals are set by local watershed organizations and
the comment is considered to be informational. Load reduction goals will be required as
part of Nondegradation planning or TMDL studies and are already part of the SWPPP.
Ambient water quality monitoring is not a requirement of the permit and is conducted by
the City as part of other water quality efforts unrelated to the SWPPP. Wellhead
protection is already part of the SWPPP.
MPCA Comment: 6. Data Collection and Reporting: Ms. Frey asked how data or
information from outside groups is obtained. Mr. Bintner said there are two program
areas in which the City relies on partnerships with outside agencies in the Public
Education and Public Involvement portion of the Prior Lake SWPPP. The outside
partnerships that the City has formed do not have an annual report that gives an overview
of their activities. Mr. Bintner stated that annual milestones are inferred from attendance
at an annual meeting of the partner agencies. Ms. Frey summarized by stating the Water
Resources Engineer gathers information about implementation and milestones on an as-
needed basis from individual departments and staff.
Response 21: MCM 1 has been modified such that the Joint Education Plan is no longer
part of the SWPPP, therefore data collection from outside groups will no longer be
required. External data for MCM 4 is collected at weekly meetings, and will soon be
stored only digitally.
MPCA Comment: 1. OrdinanceILegal Authority: Ms Frey asked Mr. Bintner if Prior
Lake had an erosion and sedimentation ordinance in place which they use to require
specific BMPS at construction sites. If so, what is the name, specific code or section of
the code? Mr. Bintner said yes, they had an erosion and sedimentation ordinance but it
was not available. Mr. Bintner said that the ordinance is contained in several different
documents including the zoning code and elsewhere. In the July 22, 2008, letter from the
MPCA it re-stated that Prior Lake needs a workable erosion and sedimentation ordinance
in place six months after the MPCA extends MS4 Permit coverage to Prior Lake. Ms.
Frey asked what the threshold was for construction stormwater permit coverage in Prior
Lake. Mr. Bintner stated that sites that were one acre or greater needed to have coverage
under the NPDES Construction Stormwater Permit. Sites less than one acre were covered
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by a City building permit. Ms. Frey asked if other pollutants were regulated at
construction sites, e.g., construction waste, trash, chemicals, etc. Mr. Bintner stated it was
covered under the NPDES Construction Stormwater Permit requirements. Along the
same line of questioning, Ms. Frey asked what the permitting mechanism is that is used
to require appropriate BMPs. Mr. Bintner stated it was the City's Construction Site Permit
and the Developer's Agreement. Ms. Frey asked if a minimum of BMPs are required for
construction sites and what types. Mr. Hintner said yes, there was a minimum and the
reviewer uses the requirements of the NPDES Construction Stormwater Permit.
Response 22: An erosion and sediment ordinance is not specifically required by the
permit. V.G.4.a requires "an ordinance or other regulatory mechanism to require erosion
and sediment controls as well as sanctions to ensure compliance..." The City of Prior
Lake currently has a working regulatory mechanism to meet the permit requirement and
the SWPPP revision now better reflects that. It is an error to say the minimum
requirement is the NPDES construction stormwater permit.
MPCA Comment: Ms. Frey asked what types of enforcement mechanisms the City of
Prior Lake had available to get owners/contractors into compliance. Mr. Hintner said they
use Notice of Violation and Stop-Work Orders. There are no administrative fines, civil
penalties, nor criminal penalties. The next question was whether the City had an official
enforcement escalation plan or procedures in place. The answer from Mr. Hintner was,
no; the City relies on the MPCA NPDES Permit Inspector to decide. The MPCA wants to
make it clear that Prior Lake is a mandatory MS4 and it will be incumbent upon the City
to get the proper ordinances and enforcement mechanism in place to decide how to
escalate enforcement if the site warrants it. All construction activities within the political
jurisdiction of Prior Lake are the responsibility of the City. The MPCA is always
available for the sites where serious environmental damage has occurred and stiff
penalties and corrective actions are called for.
Response 23: This comment misrepresents the discussion as it took place at the audit.
First and most important: The City of Prior Lake currently has a working regulatory
mechanism that meets the permit requirement. While notice of violation and stop work
orders are used as described above, they are only a part of a contractual requirement and
method of enforcement used in development.
MPCA Comment: 2. Construction Requirements and HMPs: <full text not included>
Response 24: There is no specific permit requirement for this comment and it is
considered informational.
MPCA Comment: 3. Plan Review Procedures: <full text not included>
Response 25: There is no specific permit requirement for this comment and it is
considered informational.
MPCA Comment: 4. Construction Project Inspections: <full text not included>
Response 26: There is no specific permit requirement for this comment and it is
considered informational.
MPCA Comment: 5. EnforcementlReferrals: In regards to enforcement and referral of
stormwater cases, Ms. Frey asked if the construction stormwater inspectors in Prior Lake
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administer enforcement actions. If no, who can? Mr. Bintner stated that no inspector in
Prior Lake can do enforcement. He said problem sites are documented and this
information is sent to Branden Finke, a MPCA stormwater inspector for any enforcement
action. (Note: In the July 22, 2008, letter from the MPCA it was stated that this is not
acceptable. Prior Lake is an MS4 and must handle its own stormwater management and
enforcement actions that might be necessary. After October 16, 2008, Prior Lake's
SWPPP will be scheduled for a thirty-day public review period. Once off public review if
there have not been any really serious problems observed by the citizens, Prior Lake will
be extended coverage under the MS4 Phase II Stormwater Permit. Six months from the
date of Prior Lake's permit coverage there must be an ordinance in place to
control/manage stormwater within the political jurisdiction of Prior Lake. This ordinance
must have some type of regulatory mechanism that can be used to get control of
construction sites that impact the environment. These regulatory mechanisms can be stop-
work orders, fines, penalties, stopping inspections, etc.) Ms. Frey asked what the most
frequently used enforcement tool was. Mr. Bintner stated referral to MPCA. She also
asked if enforcement actions were tracked, even if the MPCA did the enforcement and
Mr. Bintner said there was no enforcement tracking in place. Following in her line of
enforcement questioning, Ms. Frey asked if the City of Prior Lake had adequate legal
tools available to inspectors to enforce stormwater violations. If the answer is no, how
could the City improve the enforcement program. Mr. Bintner said no, that currently the
City did not have adequate enforcement tools available to them. He went on to say the
City preferred to refer the really bad stormwater cases to Branden Finke at the MPCA for
enforcement. Mr. Bintner went on to say that the City really did have a mechanism in
place to escalate any stormwater enforcement action. Mr. Bintner did acknowledge a
"gap existed and he may have to seek City approval for an official enforcement authority.
(Note: This is a MS4 Permit requirement!)
Response 27: This comment badly misrepresents the discussion as it took place at the
audit. The City of Prior Lake currently has a working regulatory mechanism that meets
the permit requirement. Enforcement is done by Engineering or Building Department
staff under provisions of permits, contractual requirements with a developer, or through
civil action allowed by ordinance. The long discussion regarding forwarding complaints
to the MPCA for review was rhetorical in nature and was used to rebut the assertion from
the MPCA that every provision of the MPCA construction site permit must be mirrored
in MS4 required City ordinance and SWPPP. This threshold/level-of-effort disagreement
for the standards that must be upheld was informative and should not have been
misunderstood as what the City of Prior Lake uses for its own erosion/sediment control
standards or enforcement methods.
MPCA Comment: 6. Outreach and Education: <full text not included>
Response 28: This comment is considered informational.
MPCA Comment: 7. MS4-0wned Construction Projects <full text not included>
Response 29: This comment is considered informational.
MPCA Comment: 8. Comprehensive or Master Planning <full text not included>
Response 30: This comment is considered informational.
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MPCA Comment: 9. Plan Review Procedures <full text not included>
Response 31: This comment is considered informational.
MPCA Comment: 10. Post-Construction BMP Inventory Procedures <full text not
included>
Response 32: This comment is considered informational.
MPCA Comment: 11. Outreach and Training <full text not included>
Response 33: This comment is considered informational.
MPCA Comment: Summary and Conclusions: Prior Lake's SWPPP as submitted to the
MPCA on June 1, 2006, provides little detail on program activities and had no
measurable goals for the various BMPs. Both MPCA and Tetra Tech, Inc. staff were
skeptical before the June 26, 2008, audit of Prior Lake's stormwater program. After all
the audit questions had been asked and the various stormwater documents reviewed along
with Prior Lake's stormwater tracking system, it was felt by the MPCA and Tetra Tech,
Inc. that the stormwater program at Prior Lake was well above average.
Response 34: Some changes were made to the SWPPP to better explain how the
program meets permit requirements, but much of the material explained by Staff during
the audit is not a part of the SWPPP, instead covers other water quality related efforts
undertaken by the City of Prior Lake.
MPCA Comment: Summary and Conclusions: A better understanding/agreement must
be developed between the Engineering Department and the Department of Public Works.
A memorandum of understanding needs to be developed so there are workable lines of
communication when it comes to dealing with stormwater issues. Currently there are a lot
of assumptions that other staff will help with stormwater issues without really knowing
for sure if it will happen. Using Prior Lake's summer interns to perform stormwater
inspections on City projects is fine and as well contracting with WSB Consultants to do
the private stormwater inspections is also within the purview of the City. There needs to
be consistency in the manner in which the inspections are conducted and the follow- up
of both City projects and private projects. It seems like there are discrepancies between
the inspection protocol the summer intern uses and that which the consultant uses. The
City needs to make a stormwater inspection checklist and have the summer intern and the
consultant use the same list. As well, what triggers a stormwater inspection needs to be
the same for the City and the consultant.
Response 35: There is no permit requirement or need for an agreement or memorandum
of understanding between the Engineering department and Department of Public Works.
The Engineering department is a part of the Department of Public Works. There are
major differences in the protocol used in the above reference. In the private example, the
City is not a party to the NDPES construction site permit or the developer's contract for
infrastructure improvement but does have requirements the owner must meet through the
development agreement. In the public example the City is the owner, is party to the
NDPES construction site permit and has direct control over the contract for infrastructure
improvement. The same erosion and sediment control inspection form is used for both,
no checklist is required. The trigger for a stormwater inspection does not need to be the
R:\Counci1\2008 Agenda Reports\10 06 08\081006 Review Response letter attachment.doc
8
same because the city obligations to the NPDES construction site permit are not the
same.
MPCA Comment: Summary and Conclusions: I believe the City is aware they need to
develop an erosion and sedimentation ordinance that has regulatory powers the City can
activate to get sites that are out of compliance into compliance. Calling the MPCA for
follow-up on difficult sites is not satisfactory. Since Prior Lake has been identified as a
mandatory MS4 they are responsible for all stormwater issues within Prior Lake's
political boundaries.
Response 36: There was clearly still a misunderstanding after the conclusion of the
discussion about Ordinances, legal authority, construction site requirements, enforcement
and referrals. Refer to responses 22, 23, and 27. Responsibility for all stormwater issues
may not be correct. Permit sections II.B.2 and VIII seem to suggest a system-wide MS4
determination not a jurisdiction-wide one.
R:\Council\2008 Agenda Reports\! 0 06 08\081006 Review Response letter attachment.doc
9
CITY OF PRIOR LAKE SWPPP
STORM WATER POLLUTION PREVENTION PROGRAM
FOR THE MANAGEMENT
OF MUNICIPAL SEPARATE STORM SEWER SYSTEMS
WITHIN THE CITY OF PRIOR LAKE
CERTIFICATION
I hereby certify that this plan, specification or report was prepared by me or
under my direct supervision and that I am a duly Licensed Professional
Engineer under the laws of the State of Minnesota.
Ross T. Hintner, P.E.
Date: June 1,2006 Lic.No.44.570
Revision # 1 - October 6, 2008
CITY OF PRIOR LAKE SWPPP
TABLE OF CONTENTS
I. General Storm Water Permit Application for MS4s.
II. Storm Water Pollution Prevention Plan
A. Introduction
B. Evaluation
C. Forward to BMP summary sheets.
D. MCM 1 - Public Education and Outreach
1. I a-I Distribute Educational Materials
11. I b-l Implement an Education Program
iii. I c-l Education Program: Public Education and Outreach
IV. Ic-2 Public Participation
v. Ic-3 Education Program: Illicit Discharge Detection and
Elimination
VI. I c-4 Education Program: Construction Site Runoff Control
vii. Ic-5 Education Program: Post-Construction Storm Water
Management in New Development and Redevelopment
viii. I c-6 Education Program: Pollution Prevention/Good
Housekeeping for Municipal Operations
IX. ld-l Coordination of Education Program
x. I e-l Annual Public Meeting
E. MCM 2 - Public Participation I Involvement
i. 2a-1 Comply with Public Notice Requirements
ii. 2b-1 Solicit Public Input and opinion on the Adequacy of the
SWPPP
iii. 2c-1 Consider Public Input
F. MCM 3 - Illicit Discharge Detection and Elimination
i. 3a-1 Storm Sewer System Map
ii. 3b-1 Regulatory Control Program
iii. 3c-l Illicit Discharge Detection and Elimination Program
IV. 3d-1 Public and Employee Illicit Discharge Information Program
v. 3e-l Identification of Non Storm Water Discharges and Flows
G. MCM 4 - Construction Site Storm Water Runoff Control
i. 4a-1 Ordinance or other Regulatory Mechanism
ii. 4b-1 Construction Site Implementation of Erosion and Sediment
Control BMPs
111. 4c-1 Waste Controls for Construction Site Operators
IV. 4d-1 Procedure of Site Plan Review
CITY OF PRIOR LAKE SWPPP
v. 4e-l Establishment of Procedures for the Receipt and
Consideration of Reports of Storm Water Noncompliance
VI. 4 f-l Establishment of Procedures for Site Inspections and
Enforcement.
H. MCM 5 - Post Construction Storm Water Management in New
Development and Redevelopment
i. 5a-l Development and Implementation of Structural and/or Non-
structural BMPs
11. 5b-l Regulatory Mechanism to Address Post Construction Runoff
from New Development and Redevelopment
111. 5c-l Long-term Operation and Maintenance of BMPs
I. MCM 6 - Pollution Prevention / Good Housekeeping
1. 6a-l Municipal Operations and Maintenance Program
11. 6a-2 Street Sweeping
111. 6b-2 Annual Inspection of All Structural Pollution Control Devices
IV. 6b-3 Inspection of a Minimum. of20 percent of the MS4 Outfalls,
Sediment Basins and Ponds Each Year on Rotating Basis
v. 6b-4 Annual Inspection of All Exposed Stockpile, Storage and
Material Handling Areas
VI. 6b-5 Inspection Follow-up Including the Determination of
Whether Repair, Replacement, or Maintenance Measures are
Necessary and the Implementation of the Corrective Measures
V11. 6b-6 Record Reporting and Retention of all Inspections and
Responses to the Inspections
V111. 6b-7 Evaluation of Inspection Frequency
J. Additional BMPs
1. Part IV - Total Maximum. Daily Load
11. Part IX - Source Water Protection
111. Part X - Nondegradation for Selected MS4s
K. Background
III. Implementation Schedule
IV. Annual Report
CITY OF PRIOR LAKE SWPPP
II.A INTRODUCTION
This Storm Water Pollution Prevention Program (SWPPP) has been prepared in
conformance with the National Pollutant Discharge Elimination System (NPDES), Phase
II Rules as amended, (33 V.S.C. 1251ET SEQ; hereafter, the "Act"), 40 CFR 122, 123,
and 124, as amended, ET SEQ; Minnesota Statutes Chapters 115 and 116, as amended
and Minnesota Rules, Chapter 7001.
The goal of the National Pollutant Discharge Elimination System Permit is to restore and
maintain the chemical, physical, and biological integrity of waters of the state through
management and treatment of urban storm water runoff. The Department of Natural
Resources Wetland and Waters, and the wetlands identified in the National Wetland
Inventory. This program requires that this be accomplished through the management of
Municipal Separate Storm Sewer Systems (MS4s) through the preparation of a Storm
Water Pollution Prevention Program (SWPPP).
The SWPPP identifies the goals and the Best Management Practices (BMPs) that will be
undertaken to meet the requirements of the NPDES Phase II rules. Measurable goals
have been established for each of the BMPs included in the SWPPP along with an
implementation plan and the persons responsible for implementing the BMPs.
The SWPPP was created to conform to the requirements of the MPCA set forth in both
the 2006-2011 general permit and associated guidance documents. The use of
standardized BMP sheets, numbering system, and topic list was required. BMP summary
sheets for minimum control measure (MCM) 1 reference the Joint Stormwater Education
Plan for Scott County, which is attached as part of the SWPPP in section V. The Joint
Stormwater Education Plan is intended to serve as the SWPPP for MCM 1. BMP
summary sheets for MCM 2-6, contain all required information and are intended to serve
as the SWPPP.
These six minimum control measures are:
1. Public education and outreach on storm water impacts.
2. Public participation and involvement.
3. Illicit discharge detection and elimination.
4. Construction site runoff control.
5. Post construction storm water management in new development and
redevelopment.
6. Pollution prevention/good housekeeping for municipal operations.
For each of these six minimum control measures, appropriate BMPs have been identified
along with measurable goals, an implementation schedule, and the persons responsible to
complete each measure.
The City of Prior Lake is a Selected MS4 as defined in Appendix E of the general permit.
Under Appendix E, a loading analysis and nondegradation analysis are required to be
prepared by December 1,2007.
CITY OF PRIOR LAKE SWPPP
This SWPPP is the second iteration of this document. The original SWPPP was intended
to serve from 2003-2008, but due to the revision of the general permit it was only in
effect from 2003-2005. The revised SWPPP (2006-2011) is built off of the experience
gained under the first iteration and picks up many of its goals in various levels of
completion. Where appropriate, the BMP sheets include the status of the current
program.
This SWPPP is intended to manage and minimize the discharge of pollutants from MS4s
to the maximum extent practicable (MEP). This will be accomplished through the
implementation of the BMPs outlined within this SWPPP. These BMPs are a
combination of education, maintenance, control techniques, system design and
engineering methods, and other provisions appropriate to meet the requirements of the
NPDES Phase II permit. BMPs have been prepared to address each of the six minimum
control measures as outlined in the rules.
II.B MUNICIPAL SEPARATE STORM SEWER SYSTEM
EVALUATION
An evaluation of the storm sewer system was completed under the previous permit to
determine the factors affecting the Maximum Extent Practicable (MEP) standards set
forth within the NPDES Phase II Rule.
1. Sources of pollutants
2. Potential polluting activities being conducted in the watershed
3. Sensitivity of receiving waters and wetlands within the system
4. Intended uses of receiving waters
5. Local concerns and storm water issues
6. The size of the MS4, the available staff, and the number of residents
7. BMP implementation schedules
8. Ability to finance storm water related programs
9. Hydraulics and hydrology of the watershed
10. Geology
11. Ability to finance and perform operation and maintenance of the MS4
12. Land uses
13. Development and redevelopment expectations
14. Watershed characteristics
15. Organizational structure of the municipal operator
An inventory of these factors and policies developed to manage water resources within
the City can be found in the City's Local Surface Water Management Plan (LSWMP).
During the preparation of the 2003-2008 SWPPP, a number of non-storm water
discharges were evaluated to determine if they are significant contributors of pollutants to
the storm sewer system. Non-storm water discharges which were evaluated include:
1. Flushing of municipal waterlines
CITY OF PRIOR LAKE SWPPP
2. Residential, commercial and agricultural landscape irrigation
3. Stream flow diversions
4. Groundwater outputs and rising elevations
5. Uncontaminated pumped ground water
6. Uncontaminated groundwater infiltration
7. Filtration backwash from municipal water treatment facility
8. Discharge of foundation drains into the MS4
9. Potable water source discharges
10. Condensation from air conditioning units
11. Car washing by individual residents
12. Discharges from the chlorinated swimming pools
13 . Wash water from street sweeping activities
14. Water discharged from firefighting activities
These sources of non-storm water inputs into the municipal separate storm sewer system
were determined not to be significant contributors of pollutants. Therefore, BMPs were
not prepared to address these storm water discharges.
This SWPPP incorporates new activities and existing practices to develop a program,
designed to protect water quality as required by the Clean Water Act. The BMPs
included within this SWPPP, are the results of the City carefully and thoughtfully
evaluating the storm water discharges within their jurisdiction, and as a result believe
implementation of these BMPs meet the prescribed "maximum extent practicable"
standard.
H.C FORWARD TO BMP SUMMARY SHEETS
This Storm Water Pollution Prevention Program outlines the Best Management Practices
which are appropriate for the City of Prior Lake to control or reduce the pollutants in
storm water runoff to the maximum extent practicable.
The City of Prior Lake reserves the right to amend and/or delete the described BMPs
based on the availability of funding for this program. Furthermore, the City may
coordinate the responsibility of selected BMPs with other governing agencies such as
community groups, non-profit organizations, soil and water conservation districts,
watershed districts, watershed management organizations, school districts, University of
Minnesota Extension, or county, regional, state, and federal government programs, which
represent storm water within the City.
Best Management Practices (BMPs) have been prepared for each of the six minimum
control measures and are described on the requisite BMP summary sheets. A description
of each BMP, an implementation schedule, measurable goals that determine the success
or benefit, and the person responsible to complete each BMP is included.
CITY OF PRIOR LAKE SWPPP
SECTION II, D-I BMP SHEETS FOLLOW:
MCM 1-6 all program information is provided on the BMP summary sheets.
CITY OF PRIOR LAKE SWPPP
This Page Intentionally Left Blank
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCATION AND OUTREACH
Unique BMP Identification Number: la-l
BMP Title: Distribute Educational Materials
BMP Description: (V.G.I.a)
City of Prior Lake will distribute educational materials through a variety of media and keep a record
of education efforts
Measurable Goals:
A record of educational efforts will be kept and should meet the requirements permit section
V.G.1.a.
Timeline/Implementation Schedule:
This activity will begin in 2006 and continue annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCATION AND OUTREACH
Unique BMP Identification Number: Ib-l
BMP Title: Implement an Education Program
BMP Description: (V.O.1.b)
The City will conduct activities spelled out on BMP Summary Sheets 1 c-l through 1 c-6 which
serves as the city's educational program.
Measurable Goals:
A summary of educational efforts will be kept in SWPPP records. Educational efforts shall meet the
requirements of permit section V.OJ
TimelinelImplementation Schedule:
This activity will begin in 2006 and continue annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCATION AND OUTREACH
Unique BMP Identification Number: lc-l
BMP Title: Educational Program: Public Education and Outreach
Audience(s) Involved: (V.G.1.c)
City decision makers are the focus of this BMP.
Educational Goals for Each Audience:
Decision Makers: Increase awareness and understanding of storm water issues and understanding of
scope of educational activities.
Activities Used to Reach Educational Goals:
City Staffwill keep decision makers advised ofSWPPP efforts during monthly advisory committee
meetings.
Activity Implementation Plan:
I) Summary and update of SWPPP program in advisory committee meetings.
Performance Measures:
Committee feedback and level of interest will be used to gage depth of knowledge.
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCATION AND OUTREACH
Unique BMP Identification Number: Ic-2
BMP Title: Educational Program: Public Participation
Audience(s) Involved: (V.G.1.c)
The general public is the focus of this BMP.
Educational Goals for Each Audience:
General Public: Increase public awareness and understanding of storm water issues within the
community.
Activities Used to Reach Educational Goals:
The City will advertise and hold an annual public meeting and provide a description of the MS4
permit and SWPPP. The meeting will include a public hearing welcoming input on the SWPPP.
Activity Implementation Plan:
1) Provide proper public meeting notice and advertise public hearing.
2) Hold public meeting and describe MS4 permit and SWPPP.
3) Welcome public input and hold official hearing.
Performance Measures:
Public hearing attendance will be recorded and serve as a gage of interest in the program.
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCA nON AND OUTREACH
Unique BMP Identification Number: lc-3
BMP Title: Educational Program: Illicit Discharge Detection and Elimination
Audience(s) Involved: (V.G.1.c)
General public and City staff and the focus of this BMP.
Educational Goals for Each Audience:
General public: Increase awareness of household activities on water quality including illicit
discharges.
City Staff: Increase awareness of maintenance operations on water quality.
Activities Used to Reach Educational Goals:
General Public: A variety of media will be used to deliver concise educational material.
City Staff: Water resources engineer will conduct training at staff meetings and through personal
interactions.
Activity Implementation Plan:
General public: Distribute concise educational material widely.
City Staff: Attendance of staff meetings where training takes place.
Performance Measures:
General public: No available performance measures.
City Staff: No available performance measures.
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCA nON AND OUTREACH
Unique BMP Identification Number: lc-4
BMP Title: Educational Program: Construction Site Runoff Control
Audience(s) Involved: (V.G.l.c)
Contractors and general public are the focus of this BMP.
Educational Goals for Each Audience:
Contractors: Increase awareness of building and land grading activities on water quality.
Activities Used to Reach Educational Goals:
Contractors: Preconstruction meetings will include overview of construction site erosion and
sediment control procedures. ESC compliance inspection reports will provide one-on-one education.
Public: IDD&E program will encourage resident reporting of problems.
Activity Implementation Plan:
Contractors: Attendance and discussion of ESC provisions at preconstruction meeting. Receipt of
ESC compliance inspections (BMP 4b-l).
Performance Measures:
Contractors: Increased adherence to construction site permit will be used as a performance measure.
Contractors should respond to issues addressed in ESC reports promptly.
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCATION AND OUTREACH
Unique BMP Identification Number: Ic-5
BMP Title: Education Program: Post-Construction Storm Water Management in New
Development and Redevelopment
Audience(s) Involved: (V.G.1.c)
The general public and City staff are the focus of this BMP.
Educational Goals for Each Audience:
General public: Increase awareness of neighborhood infrastructure on water quality.
City Staff: Increase understanding of system of BMPs and their operations and maintenance on
water quality.
Activities Used to Reach Educational Goals:
General Public: A variety of media and interaction with maintenance personnel during routine
maintenance will be used to deliver concise educational materials and messages.
City Staff: Water resources engineer will conduct training at staff meetings and through personal
interactions.
Activity Implementation Plan:
General public: Distribute concise educational material widely.
City Staff: Attendance of staff meetings where training takes place.
Performance Measures:
General public: No direct performance measures.
City Staff: No direct performance measures.
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCATION AND OUTREACH
Unique BMP Identification Number: Ic-6
BMP Title: Education Program: Pollution Prevention / Good Housekeeping for Municipal
Operations
Audience(s) Involved: (V.G.I.c)
City Staff is the focus of this BMP.
Educational Goals for Each Audience:
Increase awareness and understanding of storm water issues among City staff.
Activities Used to Reach Educational Goals:
Staff training.
Activity Implementation Plan:
Water resources engineer will conduct training at staff meetings and through personal interactions.
Performance Measures:
Staff demonstrates increased understanding of stormwater issues.
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCATION AND OUTREACH
Unique BMP Identification Number: ld-l
BMP Title: Coordination of Education Program
BMP Description: (V.G.1.d)
The City of Prior Lake participates in county-wide educational planning efforts lead by the Scott
WMO.
Measurable Goals:
N/A
TimelinelImplementation Schedule:
N/A
Specific Components and Notes:
N/A
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-983Id
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: I-PUBLIC EDUCATION AND OUTREACH
Unique BMP Identification Number: le-l
BMP Title: Annual Public Meeting / Annual Report
BMP Description: (V.G.1.e)
The City will conduct a public meeting on the City's Storm Water Pollution Prevention Program;
solicit public opinion on the plan, and consider written and oral input into the SWPPP. Annual
public meeting will include a summary of the Annual Report
Annual Report will be submitted to the MPCA as required under permit section V.C, and VI.D
All information is included on this summary sheet.
Measurable Goals:
Hold the public meeting, record attendance, keep minutes, record statements and written comments
and document changes made to the SWPPP.
TimelinelImplementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 2-PUBLIC ParticipationlInvolvement
Unique BMP Identification Number: 2a-1
BMP Title: Comply With Public Notice Requirements
BMP Description: (V.G.2.a)
The City will issue a notice of the public informational meeting (detailed in 1 e-l) in the Prior
Lake American at least 30 days prior to the meeting.
The notice will contain a reference to the SWPPP, the date, time, and location of the public
informational meeting; a concise description of the manner in which the public informational
meeting will be conducted; and shall indicate the location where a copy of the SWPPP is
available for public review. The City will make available a copy of the notice to all who have
requested that they be informed of public meetings for the SWPPP.
Measurable Goals:
Advertise the public informational meeting so that persons interested in participating or attending
receive adequate notice of the meeting in compliance with applicable state rules.
Include public notice and other methods used to advertise the SWPPP and annual meeting in annual
report.
TimelinelImplementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Hintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 2-PUBLlC Participation/Involvement
Unique BMP Identification Number: 2b-l
BMP Title: Solicit Public Input and Opinion on the Adequacy of the SWPPP
BMP Description: (V.G.2.b)
The City will provide opportunity for interested persons to make oral statements or provide written
comments on the SWt't'P at public meeting detailed in Ie-I. A reasonable amount of time will be
made available at the meeting for questions and comments. Persons not able to attend the meeting
may submit written comments on the SWPPP within the time identified in the public notice for the
meeting.
The City will also solicit public input and provide opportunity for comment on the SWPPP at any
time through the City's website. Comments will be recorded and presented at the next annual
meeting.
Measurable Goals:
Track the number of attendees at the annual public meeting on the SWPPP.
Track the number of oral and written comments received on the SWPPP.
TimelinelImplementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 2-PUBLIC Participation/Involvement
Unique BMP Identification Number: 2c-l
BMP Title: Consider Public Input
BMP Description: (V.G.2.c)
The City will review all input provided on the SWPPP.
The City will revise the SWPPP, as appropriate, based on input received.
Measurable Goals:
Log input received, and keep with SWPPP.
Make Record of Decision on all input.
TimelinelImplementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 3- Illicit Discharge Detection and Elimination
Unique BMP Identification Number: 3a-l
BMP Title: Storm Sewer System Map
BMP Description: (V.G.3.a)
City will develop a map showing ponds, streams, lakes, wetlands, structural pollution control
systems, outfalls, and all pipes greater than 24" by June 30, 2008.
Once Complete, the City will update the map annually to include changes to the storm sewer system
throughout the City including but not limited to, new development, street improvements, water
quality projects, wetland mitigation projects and any changes to the storage or conveyance of storm
water within the City.
Measurable Goals:
Include summary of progress and changes made to keep map current in annual report.
TimelinelImplementation Schedule:
The City will conduct annual reviews of this activity (2003-2008).
2006: Begin mapping system
2007: Continue mapping system
2008: Complete mapping system
2009-11: Update system annually
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 3- Illicit Discharge Detection and Elimination
Unique BMP Identification Number: 3b-l
BMP Title: Regulatory Control Program
BMP Description: (V.G.3.b)
The City will develop an ordinance, which will address the issue of non-storm water discharges in
the City's storm sewer system. Elements of this ordinance will include but are not limited to
defining allowable discharges, setting policy as it pertains to violations and penalties and mitigation
requirements.
Regulatory control structure will be established in accordance with findings from Nondegradation
Analysis and Loading Assessment and will be used as a tool in the IDD&E Program detailed in 3c-l.
Measurable Goals:
2007: Progress summary.
2008: Progress summary.
2009: Progress summary and final version of ordinance.
2009-11: Performance will be measured through implementation associated with 3c-l.
TimelinelImplementation Schedule:
2007: Research controls used in nearby Cities.
2008: Draft ordinance.
2009: Consider ordinance for adoption.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 3- Illicit Discharge Detection and Elimination
Unique BMP Identification Number: 3c-l
BMP Title: Illicit Discharge Detection and Elimination Program
BMP Description: (V.G.3.c)
City will develop and implement a program to detect and address non-storm water discharges to the
MS4 storm water system.
IDD&E program will be established in accordance with findings from Nondegradation Analysis and
Loading Assessment.
Measurable Goals:
2009: Include summary of progress in annual report.
2010: Include summary of progress in annual report.
2011: BMP Performance measurable goals to be determined by the program.
TimelinelImplementation Schedule:
2009: Structure program and define policy.
2010: Train key staff on implementation of program.
2011 : Begin full scale implementation of program.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 3- Illicit Discharge Detection and Elimination
Unique BMP Identification Number: 3d-l
BMP Title: Public and Employee Illicit Discharge Information Program
BMP Description: (V.G.3.d)
City will inform employees, businesses, and public of the hazards associated with illegal discharges
and improper disposal of waste as part of its Education Program
Measurable Goals:
Include summary of information provided in annual report.
Timeline/Implementation Schedule:
This BMP will begin in 2006 and continue annually until 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 3- Illicit Discharge Detection and Elimination
Unique BMP Identification Number: 3e-l
BMP Title: Identification of Non Storm Water Discharges and Flows
BMP Description: (V.G.3.e)
IDD&E program will be established in accordance with findings from Nondegradation Analysis and
Loading Assessment. If non-Storm Water discharges are identified as significant contributors of
pollution, they will be addressed through the creation ofBMPs during the reporting cycle.
Measurable Goals:
Determination of significance through study.
Timeline/Implementation Schedule:
This BMP will be implemented if significance is established.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 4-Construction Site Storm Water Runoff Control
Unique BMP Identification Number: 4a-l
BMP Title: Ordinance or Other Regulatory Mechanism
BMP Description: (Y.GA.a)
The City will evaluate its Ordinance for adequacy and, if appropriate, revise the Ordinance within
six months after extension of coverage under this permit.
Measurable Goals:
An ordinance or other regulatory mechanism that meets the requirements ofV.GA.a should be in
effect 6 months after extension of coverage under this permit.
Timeline/Implementation Schedule:
Within six months after extension of coverage under this permit, this BMP will take place.
Maintenance of Ordinance or other regulatory mechanism for duration of permit.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 4-Construction Site Storm Water Runoff Control
Unique BMP Identification Number: 4b-l
BMP Title: Construction Site Implementation of Erosion and Sediment Control BMPs
BMP Description: (V.GA.b)
The City will perform spot checks on active construction to monitor NPDES construction site permit
compliance.
Where appropriate, City will require corrective action by permit holder using escalating enforcement
options in ordinance and development agreements and/or forward reports of noncompliance to the
MPCA.
Measurable Goals:
Increased compliance with construction site permit provisions.
Timeline/Implementation Schedule:
Within 6 months after extension of coverage under this permit, continuing through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 4-Construction Site Storm Water Runoff Control
Unique BMP Identification Number: 4c-l
BMP Title: Waste Controls for Construction Site Operators
BMP Description: (Y.GA.c)
The City will perform spot checks on active construction to monitor NPDES construction site permit
compliance.
Where appropriate, City will require corrective action by permit holder using escalating enforcement
options in ordinance and development agreements and/or forward reports of noncompliance to the
MPCA.
Measurable Goals:
Increased compliance with construction site permit provisions.
Timeline/Implementation Schedule:
Within 6 months after extension of coverage under this permit, continuing through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 4-Construction Site Storm Water Runoff Control
Unique BMP Identification Number: 4d-l
BMP Title: Procedure of Site Plan Review
BMP Description: (V.GA.d)
The City will review development plans with consideration to potential water quality impacts.
Measurable Goals:
Development and change in use will meet stormwater requirements in rules and ordinance.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 4-Construction Site Storm Water Runoff Control
Unique BMP Identification Number: 4e-l
BMP Title: Establishment of Procedures for the Receipt and Consideration of Reports of
Storm Water Noncompliance
BMP Description: (V.GA.e)
Reports of noncompliance received through website or hotline will be tracked. Each report of
noncompliance will be followed up on and a record of the consideration give will be made.
Measurable Goals:
Reports of noncompliance will be kept in SWPPP records.
Timeline/Implementation Schedule:
This activity will continue from 2006 through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 4-Construction Site Storm Water Runoff Control
Unique BMP Identification Number: 4f-l
BMP Title: Establishment of Procedures for Site Inspections and Enforcement
BMP Description: (V.GA.f)
When City is signatory to a NPDES construction site permit, site inspections will be complete as
required. Deficiencies found during construction site inspection will be corrected to the terms
spelled out in the permit.
When the City is not a signatory to a NPDES construction site permit, construction site inspection,
enforcement and review will follow procedure spelled out in BMP 4b-l and 4c-l.
Measurable Goals:
Increased compliance with construction site permit provisions.
Timeline/Implementation Schedule:
This activity will continue from 2006 through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 5-Post Construction Storm Water Management
Unique BMP Identification Number: 5a-l
BMP Title: Development and Implementation of Structural and/or Non-structural BMPs
BMP Description: (V.G.5.a)
The City will use its Local Surface Water Management Plan and associated rules as a guide for the
management of post construction storm water management.
Measurable Goals:
Track the performance of downstream drainage systems from recent development by spot checking
at least 1 development per year.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 5-Post Construction Storm Water Management
Unique BMP Identification Number: 5b-l
BMP Title: Regulatory Mechanisms to Address Post Construction Runoff from New
Development and Redevelopment
BMP Description: (V.G.5.b)
Design standards detailed in the Public Works Design Manual give criteria for rate, volume, and
sediment / nutrient loads are required through ordinance and enforced through development
agreements and permit conditions.
Measurable Goals:
Development and redevelopment must meet standards.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 5-Post Construction Storm Water Management
Unique BMP Identification Number: 5c-l
BMP Title: Long-term Operation and Maintenance of BMPs
BMP Description: (V.G.5.c)
The City will adequately operate and maintain its storm water system. Details of O&M are included
in MCM 6.
Measurable Goals:
Compliance with BMP 6b-2 and 6b-3 will be used to measure the compliance of this BMP.
*Unmeasured goals detailed in Notes section below.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
*Maintenance must keep up with system aging such that the level of service for water quality BMPs
does not degrade on a system wide average basis.
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 6-Pollution Prevention / Good Housekeeping
Unique BMP Identification Number: 6a-l
BMP Title: Municipal Operations and Maintenance Program
BMP Description: (V.G.6.a)
Training of maintenance staffwill occur on an annual basis with a wide variety of topics with the
ultimate goal of reducing pollutant runoff from operations. Topics could include: Salt application,
erosion problem identification and reporting, street sweeping, outfall maintenance, stockpile and
handling area protocols, construction site erosion control, and others.
Measurable Goals:
Number of training sessions held.
Number of attendees at each session.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 6-Pollution Prevention / Good Housekeeping
Unique BMP Identification Number: 6a-2
BMP Title: Street Sweeping
BMP Description:
The City has an extensive program of street sweeping and is continually experimenting with
methods and techniques to improve its results in preventing sediment from entering its wetlands and
lakes.
This BMP is not specifically required by the MS4 permit.
Measurable Goals:
N/A
Timeline/Implementation Schedule:
N/A
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 6-Pollution Prevention / Good Housekeeping
Unique BMP Identification Number: 6b-2
BMP Title: Annual Inspection of All Structural Pollution Control Devices
BMP Description: (Y.G.6.b.2)
All structural pollution control devices such as trap manholes, grit chambers, sumps, floatable
skimmer, separators, small settling and filtering devices will be inspected annually.
Measurable Goals:
Compliance with 6b-6 will be used to measure compliance with this BMP.
*Unmeasured goals detailed in Notes section below.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
*Maintenance must keep up with system aging such that the level of service for water quality BMPs
does not degrade on a system wide average basis.
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 6-Pollution Prevention / Good Housekeeping
Unique BMP Identification Number: 6b-3
BMP Title: Inspection of a Minimum of 20 percent of the MS4 Outfalls, Sediment Basins
and Ponds Each Year on a Rotating Basis
BMP Description: (Y.G.6.b.3)
A minimum of 20% of all MS4 outfalls, sediment basin and ponds will be inspected on a rotating
basis.
Measurable Goals:
Compliance with 6b-6 will be used to measure compliance with this BMP.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 6-Pollution Prevention / Good Housekeeping
Unique BMP Identification Number: 6b-4
BMP Title: Annual Inspection of All Exposed Stockpile, Storage and Material Handling Areas.
BMP Description: (V.G.6.bA)
All exposed stockpiles, storage and material handling areas will be inspected at least once annually.
Measurable Goals:
Compliance with 6b-6 will be used to measure compliance with this BMP.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 6-Pollution Prevention / Good Housekeeping
Unique BMP Identification Number: 6b-5
BMP Title: Inspection Follow-up Including the Determination of Whether Repair,
Replacement, or Maintenance Measures are Necessary and the Implementation of
Corrective Measures
BMP Description: (V.G.6.b.5)
All inspections associated with 6b-2, 6b-3, and 6b-4, will include an assessment of whether repair,
replacement, or maintenance measures are necessary.
All routine repair, replacement, and maintenance measures required will be complete within the
same year as the inspection.
If measures cannot be compete within the same year as inspection, a record and schedule for
completion will be kept with SWPPP records.
Measurable Goals:
Compliance with 6b-6 will be used to measure compliance with this BMP.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 6-Pollution Prevention / Good Housekeeping
Unique BMP Identification Number: 6b-6
BMP Title: Record Reporting and Retention
BMP Description: (V.G.6.b.6)
Results of all inspections required under 6b-2, 6b-3, and 6b-4 and the follow up measures required
under 6b-5 will be summarized in the Annual Report. Detailed records that form the basis for the
summary will be kept with the SWPPP.
SWPPP, annual reports (Ie-I), inspection reports (6b-6), follow up measures (6b-6), public input
(2b-l), record of consideration (2b-2), and all other data used or created as a requirement of this
SW 1"1"l" will be kept until June 2014 (3 years after permit expiration) as required under permit
section IILE.
Measurable Goals:
Detailed inspection records kept with SWPPP.
Timeline/Implementation Schedule:
This activity will continue from 2006 through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: 6-Pollution Prevention / Good Housekeeping
Unique BMP Identification Number: 6b-7
BMP Title: Evaluation of Inspection Frequency
BMP Description: (V.G.6.b.7)
Records kept as part of 6b-6 will be analyzed to determine appropriateness of inspection and
maintenance frequency.
If an increased frequency is needed, 2 inspections per year will be used.
If a decreased frequency is warranted, 1 inspection every 2 years will be used.
Measurable Goals:
Changes to inspection frequency will be summarized in SWPPP records.
Timeline/Implementation Schedule:
This activity will continue from 2006 annually through 2011.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: N/ A
Unique BMP Identification Number: Part IV - D
BMP Title: Total Maximum Daily Load
BMP Description: (IV.D)
After a USEPA approved TMDL has been complete for an Impaired Waters within the City, the City
will review the adequacy of, and revise its SWPPP, within 18 months of the waste load allocation
approval, in accordance with permit section IV.D.
If the Impaired Water is outside of the City, and the waste load allocation affects the City, The City
will respond similarly only if it was consulted during the development of the TMDL or waste load
allocation.
Location(s) in SWPPP of detailed information relating to this BMP:
All information included in summary sheet.
Measurable Goals:
Summarize progress on TMDL assessments within City in annual report.
Summarize changes made, and time line given in annual report.
New BMPs added, if necessary.
Timeline/Implementation Schedule:
TMDL assessment will dictate changes.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: N/ A
Unique BMP Identification Number: Part IX - H
BMP Title: Source Water Protection
BMP Description: (IX-H)
The City will complete its Phase II assessment as required by the Minnesota Department of Health.
Upon completion of the Phase II wellhead protection plan, the City will assess its official controls for
compliance with the recommendations of the plan, within the time line of the plan.
The City will add or modify BMPs as appropriate.
Location(s) in SWPPP of detailed information relating to this BMP:
All information included in summary sheet.
Measurable Goals:
Summarize progress on completion of Phase II assessment in annual report.
Summarize changes made, and time line given in annual report.
New BMPs added, if necessary.
Timeline/Implementation Schedule:
Timeline of Phase II assessment will dictate changes.
Specific Components and Notes:
Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
BMP Summary Sheet
MS4 Name: City of Prior Lake
Minimum Control Measure: N/A
Unique BMP Identification Number: Part X
*BMP Title: Nondegradation for Selected MS4s
*BMP Description:
The City will prepare a Loading Assessment and Nondegradation Report as per Part X. Appendix D.
Sections B & C of the MS4 General Permit. The City will follow the public participation process as
per Part X. Appendix D. Section D of the MS4 General Permit. After consideration of the input
received during the public participation process, the City will prepare and submit the materials
required in Part X. Appendix D. Section E of the MS4 General Permit.
During the MPCA review, notice, and preliminary determination processes, the City will work with
the MPCA, if appropriate, to respond to comments and/or revise the submittal materials to prepare
them for final approval.
After final determination by the MPCA, the City will modify the SWPPP as per the approved
submittal materials and as needed to meet the nondegradation requirements.
Location(s) in SWPPP of detailed information relating to this BMP:
All information included in summary sheet.
*Measurable Goals:
1. The City will prepare and submit materials to meet the requirements listed above.
2. The City will respond to and coordinate with the MPCA, as appropriate, during the MPCA review,
notice, and preliminary determination processes.
3. Modify the SWPPP as per the approved modifications and as needed to meet the nondegradation
requirements.
*Timeline/Implementation Schedule:
Listed numbers below correspond to the Measurable Goals listed above
1. The City will prepare and submit the required materials listed above by 18 months after the
effective date of the Permit (December 1,2007).
2. The City will respond to and coordinate with the MPCA, as appropriate, during the MPCA review,
notice, and preliminary determination processes.
3. After the submittal materials are approved by the MPCA, the City will modify the SWPPP, as per
the approved modifications and as needed to meet the nondegradation requirements, in a timely
manner.
Specific Components and Notes:
*Responsible Party for this BMP:
Name: Ross Bintner - Water Resources Engineer
Department: Public Works / Engineering
Phone: 952-447-9831
E-mail: rbintner@cityofpriorlake.com
CITY OF PRIOR LAKE SWPPP
II.K Background
The following was developed for the 2003 - 2008 permit cycle and is included as a
reference.
MCM 1.0
PUBLIC EDUCATION AND OUTREACH
The public education program has been developed to distribute educational
materials to the community or conduct equivalent outreach activities. The BMPs
identified will focus on the impact of storm water discharges on streams, rivers,
and wetlands, and the steps that the public can take to reduce pollutants in storm
water runoff.
These activities have been prepared to individually address each of the six
minimum control measures. For each minimum control measure, the education
program identifies the audience or audiences involved, educational goals for each
audience, activities used to reach educational goals for each audience, activity
implementation plans, including responsible persons in charge, entities
responsible for given activities, and schedules and performance measures that can
be used to determine success in reaching educational goals.
The public education and outreach BMPs that will be undertaken include:
1) Produce and distribute information on illicit discharges, erosion control,
shoreline management, compo sting and pollution prevention and other
applicable BMPs utilized in the SWPPP. This information may be
distributed through City mailings, newsletters, bill stuffing, and on the
City website.
2) Incorporate public information on the SWPPP issues into a separate page
on the City's website. The web page would specifically describe the
SWPPP, each minimum control measure, the goals and actions planned by
the City, provide links to BMPs, articles on each control measure, and
collect feedback from site visitors.
3) Provide training opportunities for City staff including erosion control,
BMPs, good housekeeping, and pollution prevention. Training topics
could include, but are not limited to:
a) Mn!DOT Erosion Control Certification (or other)
b) Storm Water Pollution Prevention Program Workshops
c) Best Management Practices Workshops
d) Brochures and publications distributed to staff
MCM 2.0
MCM 3.0
MCM 4.0
CITY OF PRIOR LAKE SWPPP
PUBLIC PARTICIPATION AND INVOLVEMENT
This minimum control measure requires that the City provide measures to receive
public input and opinion on the adequacy of the SWPPP. This input can be
received from public meetings, oral testimony, and written correspondence. To
reach this goal, the City anticipates implementing the following BMPs:
1) Conduct an annual public meeting on the City's Storm Water Pollution
Prevention Program and solicit opinion on the plan and consider written
and oral input on the adequacy of the SWPPP.
2) The City intends to incorporate public information on SWPPP issues into
a separate page on the City's website. The web page would specifically
describe the SWPPP, each minimum control measure, the goals and
actions planned by the City, provide links to BMPs, articles on each
control measure, and collect feedback from site visitors.
ILLICIT DISCHARGE DETECTION AND ELIMINATION
A number of BMPs have been developed to implement and enforce a program to
detect and eliminate illicit discharges into the municipal separate storm sewer
system. These BMPs include:
1) Review the current storm water ordinance to evaluate its effectiveness
toward illicit discharges.
2) Continue to support County recycling program to discourage illegal
dumping by offering alternative uses for unwanted materials and drop-offs
for household hazardous waste.
3) Identify all City-owned storm sewer conveyances 24 inches or greater on a
storm sewer map. This will also identify all outfalls and discharge points
leaving the City. This map would be updated yearly to reflect changes or
additions to the storm sewer system.
CONSTRUCTION SITE, STORM WATER RUNOFF CONTROL
A number of BMPs have been developed and will be implemented and enforced
to reduce pollutants and storm water runoff from construction activities with land
disturbances equal to or greater than one acre. These BMPs include:
1) Review current erosion control ordinance and revise the City's building
permit to include construction site erosion and sediment control as part of
MCM 5.0
MCM 6.0
CITY OF PRIOR LAKE SWPPP
the permit conditions. This erosion control ordinance will also include
sanctions to determine non-compliance with the permit and ordinances.
2) Provide City Public Work staff with training and proper location,
inspection, and installation of erosion control BMPs.
3) Incorporate construction site inspection and enforcement into the activities
of building inspectors. This will be part of the effort to reduce pollutants
discharged from small construction sites.
POST CONSTRUCTION STORM WATER MANAGEMENT FOR NEW
DEVELOPMENT AND REDEVELOPMENT
A program of BMPs has been prepared to address storm water runoff from new
development and redevelopment projects that disturb equal to or greater than one
acre. This program insures that controls are in place that would prevent or
minimize water quality impacts from development activities. These BMPs
include:
1) Implement the storm water runoff control program that is currently used to
minimize the effect of storm water runoff on water quality within the City.
This program will utilize appropriate BMPs, selected by the City to
minimize storm water runoff from new develvpments and redevelopments.
2) Revise current comprehensive storm water management plan. Currently
the City is in the process of getting the storm water plan revised.
POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
To meet the requirements of the pollution prevention and good housekeeping for
municipal operations, a number of BMPs have been prepared. These BMPs
include:
1) Annual inspection of the outfalls, sediment basis, and ponds within the
city's storm sewer system. During the summer of2000, the City of Prior
Lake conducted an extensive, comprehensive inspection of all the City's
outfalls, sediment basins, and ponds. As part of this BMP the City will
use the report and recommendations from this inspection to maintain these
areas.
2) The City will incorporate BMPs for handling of equipment and hazardous
materials used by City staff.
CITY OF PRIOR LAKE SWPPP
3) The City will annually evaluate landscaping and lawn-care practices,
which may include the use of fertilizers, pesticides, herbicides, lawn
mowing, grass clipping collection, mulching and compo sting, and develop
BMPs to reduce storm water pollution.
4) The City will annually review practice and policies of road salt
applications. The City will consider alternative products, calibration of
equipment, inspection of vehicles and staff training to reduce pollutants
from road deicing activities.
5) The City will continue with the current street sweeping program, identify
improvements, and implement changes to reduce storm water pollutants.
6) The City will evaluate its maintenance facility and apply for a General
Storm Water Permit for Industrial Activities in accordance to the NPDES
requirements.
III. BEST MANAGEMENT PRACTICES IMPLEMENTATION PLAN
A summary ofBMPs are provided in Table 1.
Detailed descriptions of each of the BMPs contained within the SWPPP
are provided in the Summary Sheets.
CITY OF PRIOR LAKE SWPPP
Table 1
BMP IMPLEMENTATION SUMMARY
Ill'st \lanagcnu'nt P,"acticcs ,B\I,P 'kscription of (;oal SdlCduk
"UIlI Jcr
MCMl
Public Education and Outreach
Distribute Educational Materials
Implement an Educational Program
Education Program: Public
Education and Outreach
Public Participation
Education Program: Illicit
Discharge Detection and
Elimination
Education Program: Construction
Site Runoff Control
Education Program: Post-
Construction Storm Water
Management in New Development
and Redevelopment
Education Program: Pollution
Prevention/Good Housekeeping for
Municipal Operations
Coordination of Education Program
Annual Public Meeting
MCM2
Public Participation and
Involvement
Post Notice for SWPPP Annual
Public Meeting
(la-I)
(1 b-l)
(1 c-l)
(1c-2)
(1c-3)
(1c-4)
(1c-5)
(1 c-6)
(ld-l)
(Ie-I)
2a-l
Produce and distribute literature on
illicit discharges, erosion control,
shoreline management, and other
MBP practices.
Coordinate, implement and
participate in educational activities.
Increase awareness and understanding
of stormwater issues among decision
makers.
Increase public awareness and
understanding of stormwater issues.
Increase awareness of household
activities on water quality, and the
effects of illicit discharges.
Increase awareness of building and
land grading activities on water
quality.
Increase understanding of
neighborhood infrastructure,
operations and maintenance on water
quality.
Increase public awareness and
understanding of stormwater issues.
N/A
Hold a Public Meeting on SWPPP
Advertise the meeting in advance so
interested persons may attend.
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
Annually 2006 - 2011
CITY OF PRIOR LAKE SWPPP
Best \lanagelllent Pnlctiees ,B\I,P DeStTiption of Goa' Scht'dllk
..lllll lei"
Provide time during SWPPP meeting
Solicit Public Opinion on the 2b-l (Ie-I) for questions and comments.
Adequacy of SWPPP Provide a form for public opinion on Annually 2006 - 2011
the City's website.
Consider Public Input 2c-l Review feedback on SWPPP and
revise the program if necessary. 2006 - 2011
MCM3
Illicit Discharge Detection and
Elimination
2006: Begin mapping
Develop and update storm sewer 2007: Continue mapping
Storm Sewer System Map 3a-l system map, as needed. June 2008: Complete
mappmg
2006-11: Update map
annually
2007: Research controls
Develop an ordinance addressing used in nearby Cities
Regulatory Control Program 3b-l non-storm water discharge in the 2008: Draft Ordinance
storm sewer system. 2009: Consider ordinance
for adoption
2009: Structure program
and defme policy
Illicit Discharge Detection and Develop program to detect and 2010: Train key staff on
Elimination Program 3c-l address non-storm water discharges. implementation of
program
2011: Begin full-scale
implementation
Inform employees, businesses and
Public and Employee Illicit public about the hazards of illegal
Discharge Information Program 3d-l discharges and improper waste Annually 2006 - 2011
disposal within the Education
Program.
A BMP will be created to address Only if non-Storm Water
Identification of Non-Storm Water 3e-l non-storm water discharges which are discharges are identified a
Discharges and Flows significant contributors to
a significant contributor to pollution. pollution
MCM4
Construction Site Storm
RunoffColltrol
Ordinance or Other Regulatory Evaluate City Ordinance and revise, if Begin 6 months after
Mechanism 4a-l appropriate. extension of coverage
under this permit and
CITY OF PRIOR LAKE SWPPP
Bl'st 'lanaOl'I11l'nt Pntl'til'l'S B'IP Dl'sl','iption of Coal Sdll'dull'
.... '\ul11hl'"
Construction Site Implementation
of Erosion and Sediment Control
BMPs
Waste Controls for Construction
Site Operators
Procedure of Site Plan Review
Establishment of Procedures for the
Receipt and Consideration of
Reports of Storm Water
Noncompliance
Establishment of Procedures for
Site Inspections and Enforcement
5
Post on Storm Water
Manae;ement Measures
Development and Implementation
of Structural and lor Non-structural
BMPs
Regulatory Mechanism to Address
Post Construction Runoff
Long-term Operation and
Maintenance of BMPs
6
ion and Good
Housekeepine; Measures
Municipal Operations and
Maintenance Program
4b-l
4c-l
4d-l
4e-l
4f-l
5a-l
5b-l
5c-l
6a-l
Perform spot checks on active
construction to monitor NPDES
permit compliance.
Perform spot checks on active
construction to monitor NPDES
permit compliance.
Review development plans for
potential water quality impact.
Record and follow-up on reports of
noncompliance.
Complete required inspection of
construction sites with NPDES
permits. Deficiencies found will be
corrected.
Use Local Surface Water
Management Plan to guide post-
construction storm water
management.
Set design standards for rate, volume
and sediment/nutrient loads.
Continue current process for
operation and maintenance of the
storm water system.
Train maintenance staff in reducing
pollutant runoff from operations.
continue for the duration
of permit.
Annually 2006 - 2011
Annually 2006 - 2011
2006-2011
Annually 2006 - 2011
2006-2011
Annually 2006 - 2011
2006-2011
Annually 2006-2011
Annually 2006-2011
CITY OF PRIOR LAKE SWPPP
Bl'st \lanagl'llll'nt Pnlctin's B\I,P Dl'SlTiption of (;oal SclH'duk
:\ Ulll llT
Street Sweeping 6a-2 Operate and continue to improve the Not specifically required.
City's street sweeping program
Annual Inspection of All Structural 6b-2 Inspection of all pollution control Annually 2006-2011
Pollution Control Devices devices.
Inspection of a Minimum of 20
Percent of the MS4 Outfalls, 6b-3 Inspection of 20 percent of all MS4 Annually 2006-2011,
Sediment Basins and Ponds Each outfalls, sediment basins and ponds. on a rotating basis.
Year on Rotating Basis
Annual Inspection of All Exposed Inspection of all exposed stockpiles,
Stockpile, Storage and Material 6b-4 storage and material handling areas. Annually 2006-2011
Handling Areas
Inspection Follow-up Including the Inspections in 6b-2, 6b-3 and 6b-4 Annually 2006-2011
Determination of Whether Repair, will asses for repair or replacement. If it cannot be completed
Replacement or Maintenance 6b-5 Repairs, maintenance or replacements within the year, record and
Measures Are Necessary and the noted will take place that year if schedule for completion in
Implementation of the Corrective possible. annual report.
Measures
Keep all records, annual reports, and
Record Reporting and Retention 6b-6 supporting documentation as Annually 2006-2011
required.
Review records in 6b-6 to determine
if the frequency of inspection is Begin in 2008, continue
Evaluation of Inspection Frequency 6b-7 adequate. If necessary, increase to annually to 2011.
two inspections per year, or decease
to one inspection every two years.
TMDLs See Summary Sheet See Summary Sheet
Source Water Protection See Summary Sheet See Summary Sheet
Nondegradation D-X See Summary Sheet See Summary Sheet
CITY OF PRIOR LAKE SWPPP
IV. ANNUAL REPORT
An annual report will be prepared and submitted to the MPCA prior to June 30 of
each year from 2006 through 2011. This annual report will be completed on the
approved MPCA form each year.
.
Minnesota Pollution Control Agency
520 Lafayette Road North I St.Paul,MN 55155-4194 I 651-296-6300 I 1-800-657-3864 I 65h!82-5332 TTY I www.pca.state.mn.us
July 22, 2008
CERTIFIED MAIL NO. 7006 0810 0002 0972 0251
RETURN RECEIPT REQUESTED
Mr. Ross Bintner
Water Resources Engineer
City of Prior Lake
17073 Adelmann Street Southeast
Prior Lake, MN 55372
RE: Comments from the Minnesota Pollution Control Agency's Review of Prior Lake's
Stormwater Pollution Prevention Program Submitted for Coverage under the
Municipal Separate Storm Sewer System Phase II Municipal Stormwater Permit.
Dear Mr. Bintner:
This letter will address issues the Minnesota Pollution Control Agency (MPCA) had with
specific responses to Best Management Practice (BMP) Summary Sheets, items that were
omitted and information the MPCA would like the city of Prior Lake (City) to submit so we can
add it to Prior Lake's Municipal Separate Storm Sewer System (MS4) file.
Early in addressing BMPs for Minimal Control Measure (MCM) I, you mention a Joint
StoIinwater Education Plan (plan). I have read the Executive Summary for the 'plan, why the
Plan was neede.d, and how the Plan was developed. I would ask that the City submit to the
MPCA a completed copy of the Joint Stormwater Educational Plan. This Plan can be submitted
at the same time your responses to some of my other comments' and requests are sent to the '
MPCA.
The following are specific comments made for the thirty-four BMPs that come directly from the
MS4 Stormwater Permit and the City needs to respond to each comment accordingly.
I. BMP lc-2 Educational Program: Public Participation. Under the subheading of Activities
Used To Reach Educational Goals you simply state "a variety of activities are detailed in the
Joint Education Plan." These need to be spelled out. As a reviewer I am not sure what they
are, so I can't imagine other folks that review Prior Lake's SWPPP could either.
2. BMP lc-3 Education Program: Illicit Discharge Detection and Elimination. Under
Educational Goals for each audience there needs to be some mention of illicit discharge,
which is what this BMP is all about. Again, under the Activities Used to Reach Educational
Goals there is simply a reference made to "a variety of activities are detailed in the Joint Storm
Water Educational Plan." These must be spelled out.
3. The language in BMP Ic-l through Ic-6 is verbatim. These are discrete BMPs and need to be
addressed in this manner. Cookie-cutter responses will be rejected. Please rewrite these BMP
Summary Sheets so they address the specific BMP. In BMP lc-4 discuss Construction Site
Runoff and what impacts it may have on receiving waters. , In BMP 1 c-5 discuss the impacts ,~f
not having post-construction siorniWatet management in place. In any of the ,sribb.eadingsin "' ." ,
these BMPs where there is referertce'to the Joint Stomnvater Education Plan spell out the
specific schedules, etc. '
4. In BMP lc-6' Educational Pr9gram: Pollution Prevention/Good Housekeeping the audience is
really for the city of Prior Lake's public works department. Rewrite this portion of this BMP.
St. Paul I Brainerd I Detroit lakes I Duluth I Mankato I Marshall I Rochester I WlIImar I Printed on 100% post-consumer recycled paper
Mr. Ross Bintner
July 22, 2008
Page 2
5. In BMP Id-l Coordination of Education Program. Identify the other cooperators working
with Prior Lake.
6. In BMP 4a-l Ordinance or other Regulatory Mechanism. Under Measurable Goals the City
has two, summary evaluation and New Ordinance, if applicable. Neither of these two activities
are measurable goals. Rewrite the Measurable Goals for this BMP.
7. In BMP 4b-l Construction Site Implementation of Erosion and Sedimentation Control BMPs.
In the BMP Description it states the city of Prior Lake will do spot checks on active construction
to monitor NPDES Permit compliance. This is not an implementation strategy. You need to let
the contractors and developers know exactly what you expect of them in implementation of an
Erosion and Sedimentation Control BMPs. This could be a document you have prepared
covering this topic along with hold41g pre-construction meetings to let the con~actors know
whans expected an:d that the City Will be doing routine inspections of active construction sites.
This BMP Description needs to be rewritten to address an implantation plan for erosion
and sedimentation control and what BMPs are required for different situations.
The Measurable Goals for BNP 4b-l is not a sample or summary of inspection reports. What
about change in compliance and hence, a change in water quality of receiving streams. The
Measurable Goals for 4b-l need to be rewritten.
8. BMP 4c-l Waste Controls for Construction Site Operators. The language within this BMP
reads exactly like that in 4b-l and they are not related. Read section V.GAc of the MS4 Permit
and rewrite this BMP. .
. .
9. The Measurable Goals under BMP 4d-l Procedure of Site Plan Review to "continue
review" is not a Measurable Goal, but is a requirement of the Permit under BMP 4d-1. Develop
Measurable Goals for this BMP.
10. The Measurable Goals for BMP 4e-l Establishment of Procedures for the Receipt and
Consideration of Reports of Storm Water Noncompliance is not a Measurable Goal. Keeping
summary data of compbdnts is a good idea for the City, probably will not be asked for in
any Annual Report. Develop Measurable Goals for 4e-l.
11. BMP 4f-l Establishment of Procedures for Site Inspections and Enforcement. Under the
BMP Description forthisBMP it states "When the City is signatory to a NPDES construction
site permit, site inspections will be complete as required. Deficiencies found during construction
site inspections will be corrected to the terms spelled out in the permit". The city of Prior Lake
has certaiilly established an incorrect procedure for site inspections and enforcement in thinking
that only City owned projects will be inspected and deficiencies found must be corrected. Under
the MS4 Phase II Municipal Stormwater Permit it is the duty of the permitee to establish
procedures for site inspections and enforcement of ALL construction sites that are active
and have a NPDES Construction Stormwater Permit. Rewrite this BMP Description to
include aU construction sites within the political boundaries of the city of Prior Lake that
have a NPDES Construction Stormwater Permit.
A summary of the active sites that the city of Prior Lake intends to put in the Annual
Report is not a Measurable Goal for this BMP. Develop Measurable Goals that fit this
BMP.
12. In the BMP Description ofBMP 5b-l Regulatory inechanisms to Address Post ConstructionTRunoff from New Development and Redevelopment it states: "The City sets design standards
detailed in its Public Works Design Manual that give criteria for rate, volume, and
Mr. Ross Bintner
July 22,2008
Page 3
. sediment/nutrient loads." This is good, but where is the description of the regulatory
mechanism? You need to rewrite the BMP.Description and give some detail as to the
regulatory mecbanism(s) the city of Prior Lake intends to implement.
The two items listed as Measurable Goals for BMP 5b-l are not. Develop Measu.rable
Goals that address BMP. .
13. In BMP 5c-l Long-term Operation and Maintenance ofBMPs, you state, the "City has a .
process for the operation and maintenance of its stormwater system. Describe this process.
Under Measurable Goals, to be in compliance with two mandQlu.lj BMPs are not Measurable
Goals. Develop new Measurable Goals for 5c-l.
14. Under BMP 6b-2 AnnuallIispections of All Structural Pollution Control Devices, the
Measurable .Goals are. requirements ofthe P,;,u.u~tnot Measurable Goals. Develop Measurable
Goals that are aligned with BMP 6b-2 . .
If you have questions regarding any of the comments and corrective actions. please feel free to
contact me at 651-296~6945.
The MPCA would like a new set ofBMP Summary Sheets (Stormwater Pollution Prevention
Program) submitted back t ncy, to my attention, on or before August 13,2008.
L Cherryholmes,
Seni r ngineering Specialist
Stormwater Section
Municipal Division
KLC:wgp
cc: Dale B. Thompson, Supervisor, Stormwater Management Unit
. <.},.
. ~~:~~: ~~~~~~~'~4~~I~,r~~~~~~~3864 I 651-182-5332 TTY I _",,5U~m"_m
Mr. Ross Bintner, P.E.
Water Resources Engineer
City of Prior Lake
Engineering Department
Prior Lake, MN 55372
~[E@[EDm~~
AUG 25..2008 JI
August 22, 2008
By
RE: An Overview of the Results of a Municipal Separate Storm Sewer System Audit
Performed on the City of Prior Lake, Carver County
Dear Mr. Bintner:
Attached to this letter is an Overview of the Results ofa Municipal Separate Storm Sewer
System (MS4) Audit that was performed on the city of Prior Lake on June 26, 2008. The
audit was performed by Ms. Martina Frey with Earth Tech, Inc. who was serving the
Minnesota Pollution Control Agency (MPCA) as a consultant. Three staff members
(Keith Cherryholmes, Amy Garcia and Scott Fox) from the MPCA were present to
observe.
The audit fomlat used by Ms. Frey was developed by the U. S. Environmental Protection
Agency to be used by state agencies administering the MS4 Phase II Municipal
Stormwater Program. The forms and questions cover the major areas of the MS4 Permit
from program management, construction, post-construction, enforcement and master
planning.
The entire audit team was pleased with the materials you had available, your willingness
to answer our questions and your knowledge of the municipal stormwater program. Once
you get some ofthe BMPs in your Stormwater Pollution Prevention Program re-written
you will have a respectable MS4 program in Prior Lake.
The audit team would like to thank you for taking the time to prepare for the audit and the
time the audit actually consumed. I look forward working with you and Prior Lake on
stormwater issues.
· .a~..,-.~
Keith . Cherryholmes, PhD
Seni Engineering Specialist
Stormwater Management Unit
Municipal Division
KLC:wgp
Enclosure
cc: Dale B. Thompson, Supervisor, Stormwater Management Unit
St. Paul I Brainerd I Detroit lakes I Duluth I Mankato I Marshall I Rochester I Willmar I Printed on 100% post-consumer recycled paper
An Overview of the Results of the
Municipal Separate Storm Sewer System Audit
For the City of Prior Lake~ Carver County
Prepared by
Martina Frey ~ Tetra Tech~ Inc.
Keith L Cberrybolmes, PhD, MPCA
August 21,2008
MS4 Provram ManS2ement Comnonent
1. Pertinent Information Regarding Evaluation and Audit
. Date of Evaluation and Audit: June 26, 2008
. EvalUator: Martina Frey, Tetra Tech, Inc.
. MS4 Permitee: Prior Lake, Carver County
. Staff Interviewed: Ross Bintner, Water Resource Engineer, Prior Lake
2. Comprehensive Stormwater Management Planning--SWPPP Planning
. The city of Prior Lake (City) had a SWPPP drafted and had submitted it to
MPCA to review. A copy was available for everyone to examine and read
excerpts. Ms, Frey commented inher written findings that the SWPPP, as
submitted to the MPCA, provides very little detail on program activities
and it did not contain any measurable goals. From the documents brought
to the audit by the city of Prior Lake and from the discussions with Mr.
Bintner, it was apparent Prior Lake's MS4 program was much more
complete than the SWPPP demonstrated. On July 22, 2008, the MPCA
sent a letter to Mr. Bintner outlining various BMP Summary Sheets from
Prior Lake's SWPPP that needed to be re-written. The MPCA anticipates
receiving the updated SWPPP on or before October 16, 2008.
3. Comprehensive Stormwater Planning-Departmental Coordination
. How are in-house departments within the city of Prior Lake coordinated?
Mr. Bintner stated he took the responsibility for contacting managers and
other staff in other city departments who have some responsibility in the
implementation of the SWPPP. There are no formal, regularly scheduled
staff meetings pertaining to S WPPP coordination. Ms. Frey asked if the
city of Prior Lake used any outside groups to help implement the SWPPP
and the MPCA was told that the consulting firm WSB was retained to
inspect construction sites that were privately owned.
4. Comprehensive Stormwater Management Planning-Prioritization of Resources
. Ms. Frey asked Mr. Bintner if Prior Lake had established pollutants of
concern. If yes, are they based on the 303(d) list, TMDLs, land use
concerns or existing watershed planning? Mr. Bintner stated the City did
have pollutants of concern and they were hydrological impacts, TSS, and
phosphorus. These three pollutants of concern are not addressed in Prior
Lake's SWPPP. It would be good to have these addressed in the SWPPP
so others reading the document could better understand the pollutants
1
Prior Lake is trying to manage at construction sites and the reasons why
. they want to manage these pollutants. Ms. Frey asked how the permittee
decided program implementation priorities for resource allocation. Mr.
Bintner said that at the present, Prior Lake's current priority is to install
BMP retrofits in tandem with street rehabilitation projects.
5. Assessment and Evaluation
. Ms. Frey asked if Prior Lake's SWPPP is measured against goals or
standards. Mr. Bintner said that currently it was not. Again, this would be
a goal to aim for in the near future; it is an internal measurement of
success with the MS4 program. Ms. Frey also asked if the city of Prior
Lake had load reduction goals established or assessed. At this time the
City does not have load reduction numbers in place. Again, this is a good
goal to strive for that would enhance the MS4 program. Lastly, Ms. Frey
asked if Prior Lake had assessed other types of improvements as part of
their MS4 program such as riparian habitat, stream corridors, aquatic
habitat, and groundwater resources. Mr. Bintner stated that the City
conducts ambient water quality monitoring to assess long-term trends in
water quality. Wellhead protection is another area the City is pursuing
under other regulations.
6. Data Collection and Reporting
. Ms. Prey asked how data or information from outside groups is obtain~d.
Mr. Bintnersaid there are two program areas in which the City relies on
partnerships with outside agencies in the Public Education and Public
Involvement portion of the Prior Lake SWPPP. The outside partnerships
that the City has formed do not have an annual report that gives an
overview of their activities. Mr. Bintner stated that annual milestones are
inferred from attendance at an annual meeting of the partner agencies.
. Ms. Frey summarized by stating the Water Resources Engineer gathers
information about implementation and milestones on an as-needed basis
from individual departments and staff.
Construction Comoonents
1. Ordinance/Legat Authority
. Ms Frey asked Mr. Bintner if Prior Lake had an erosion and sedimentation
ordinance in place which they use to reqUire specific BMPs at construction
sites.. If so, what is the name, specific code or section of the code? Mr.
Bintner said yes, they had an erosion and sedimentation ordinance but it
was not available. Mr. Bintner said that the ordinance is contained in
several different documentS including the zoning code and elsewhere. In
the July 22, 2008, letter from the MPCA it re-stated that Prior Lake needs a
2
workable erosion and sedimentation ordinance in place six months after the
MPCA extends MS4 Permit coverage to Prior Lake. Ms. Frey asked what
the threshold was for construction storm water permit coverage in Prior
Lake. . Mr. Bintner stated that sites that were one acre or greater needed to
have coverage under the NPDES Construction Stormwater Permit. Sites
less than one acre were covered by a City building permit. Ms. Frey asked
if other pollutants were regulated at construction sites, e.g., construction
waste, trash, chemicals, etc. Mr. Bintner stated it was covered under the
NPDES Construction.Stormwater Permit requirements. Along the same
line of questioning, Ms. Frey asked what the permitting mechanism is that
is used to require appropriate BMPs. Mr. Bintner stated it was the City's
.Construction Site Permit and the Developer's Agreement. Ms. Frey asked
if a minimum of BMPs are required for construction sites and what types.
Mr. Bintner said yes, there was a minimum and the reviewer uses the
. requirements of the NPDES Construction Stormwater Permit.
. Ms. Frey asked what types of enforcement mechanisms the city of Prior
Lake had available to get owners/contractors into compliance. Mr. Bintner
said they use Notice of Violation and Stop-Work Orders. There are no
administrative fines, civil penalties, nor criminal penalties. The next
question was whether the City had an official enforcement escalation plan
or procedures in place. The answer from Mr. Bintner was, no; the City
relies on the MPCA NPDES Permit Inspector to decide. The MPCA wants
to make it clear that Prior Lake is a mandatory MS4 and it will be
incumbent upon the City to get the proper ordinances and enforcement
mechanism in place to decide how to escalate enforcement if the site
warrants it. All construction activities within the political jurisdiction of
Prior Lake are the responsibility of the City. The MPCA is always
available for the sites where serious enviromnental damage has occurred
and stiff penalties and corrective actions are called for.
2. Construction Requirements and BMPs
. Ms. Frey asked if the City had a guidance document for selection BMPs.
Mr. Bintner said yes, they did. Further questioning asked if the guidance
document included operation and maintenance and Mr. Bintner said yes.
The guidance document does not have. different requirements for different
times of the year and the various weather patterns associated with the
seasons. (Note: This is something Prior Lake should consider putting in
their guidance document. Dry, rainy and cold weather with snow and ice
can make a lot of difference which BMPs you use.) It was stated that Prior
Lake uses the Minnesota Urban Small Sites BMP Manual as a reference
for erosion and sediment control BMPs. Additionally Prior Lake has many
of the commonly used BMPs referenced in their Design Manual.
3
3. Plan Review Procedures
. Ms. Frey asked Mr. Bintner who was in charge of performing the Plan
Reviews for new developments. This would be Mr. Bintner and other staff
from Prior Lake's Engineering Department.
. Ms. Frey was curious what kind of stormwater inspector training the staff
at Prior Lake received. Mr. Bintner said that they went to the MnDOT
SWPPP review training and there was no prescribed freque'ncy for taking
the training.
. The question was brought up as to how big of a construction project needs
to be to receive a plan review. Mr. Bintner said any project that creates
3,500 square feet of impervious surface and disturbs 10,000 square feet of
land.
. Ms. Frey asked if the City checked to see if the contractor had submitted a
, NOI to the MPCA. The answer was yes, and they track the NPDES Permit
numbers on all active projects. The City reviews the SWPPP that is
prepared in conjunction with an application for an NPDES Permit.
. Ms. Frey asked if the City held pre-con meetings with all the
developers/contractors before a project was started and the answer was yes.
. Another question lluJ.ll Ms. Frey was, are there standard conditions of
approval for projects which include the erosion and sedimentation control
and/or other general storm water requirements. Mr. Bintner said that
standard protocol for approving plans is that the erosion and sediment
control plans had to meet the City's specifications.
. As a final question on the Plan Review procedures Ms. Frey asked if the
City used a checklist while they were doing their plan reviews. The
answer was yes, the Engineering Department uses the requirements of the
NPDES General Storm water Permit for Construction Activities as their
checklist. The comments the City sends to the developer/contractor refers
to the specific sections of the NPDES General Stormwater Permit for
Construction Activities.
4. Construction Project Inspections
. Ms. Frey asked who in Prior Lake actually does the stormwater
inspection of projects that are under construction. 'She asked that Mr.
Bintner list all of the different phases or areas of a project that are
inspected by staff, from what department, i.e., public right-of-way,
building fOv~J-'J.~nt, grading and the phasing of a project. Mr. Bintner
said they hire summerintenis to inspect projects the City has going. For
commercial contractors the City retains WSB Consultants to perform
these stormwater inspections. Inspections begin with the clearing of the
building site and continue until the NOT has been filed wi~ the MPCA.
. Ms. Frey asked who trained the City stormwater inspectors. Mr. Bintner
said he trains the summer interns through on-the-job training. WBS
4
Consultants have gone through the MnDOT training-but not sure what
other training they may receive.
. The question was brought up by Ms. Prey as to how many stormwater
inspectors the city of Prior Lake has and how many sites each inspector .
is responsible for. Mr. Bintner stated the city of Prior Lake had two
storm water inspectors. The summer intern is responsible for four sites
and WSB Consultants have 23 sites they are responsible for.
· Ms. Prey wanted to know what the frequency was for going back and
doing a second inspection at a particular site. Mr. Bintner stated that all
public projects are inspected weekly for erosion and sedimentation
issues. The sites that WSB Consultants are responsible for vary from
weekly inspections to monthly, depending on the level of activity at each
site, the history of past violations, and best professional judgment.
· Along with the frequency of inspections Ms. Prey asked if inspections
were triggered by rainfall events; what size event prompts an inspection,
and how soon do the inspectors get out to the sites. Mr. Bintner said that
rainfall events defInitely trigger stormwater inspections. Publicprojects
are inspected after 0.5 inches of rainfall. Private sites are only inspected
.after very large storm events if there is a perceived risk. Mr. Bintner
said the response time for an inspection had not been addressed. (Note:
the NPDES General Stormwater Permit for Construction Activity states
24 hours. The MPCA is curious why there is a difference in the need to
inspect public sites after 0.5 inches of rain and the private development
only after a perceived risk.)
· Ms. Prey asked if the city of Prior Lake had a stormwater inspection
checklist. Mr. Bintner said they did not have checklist, but a
standardized report is prepared after each inspection, including photos
that may have been taken at the construction site.
· Ms. Prey wanted to know if the inspections could be tracked in a
database. Mr. Bintner said no, but they kept a paper record along with
PDP.
5. EnforcementlReferrals
. In regards to enforcement and referral of stormwater cases, Ms. Prey
asked if the construction stormwater inspectors in Prior Lake administer
enforcement actions. If no, who can? Mr. Bintner stated that no
inspector in Prior Lake can do enforcement. He said problem sites are
documented and this information is sent to Branden Pinke, a MPCA
stormwater inspector for any enforcement action. (Note: In the July 22,
2008, letter from the MPCA it was stated that this is not acceptable.
Prior Lake is an MS4 and must handle its own storm water management
and enforcement actions that might be necessary. After October 16,
2008, Prior Lake's SWPPP will be scheduled for a thirty-day public
review period. Once off public review if there have not been any really
serious problems observed by the citizens, Prior Lake will be extended
5
coverage under the MS4 Phase II Stormwater Permit. Six months from
the date of Prior Lake's permit coverage there must be an ordinance in
place to control/manage stormwater within the political jurisdiction of
Prior Lake. This ordinance must have some type of regulatory
mechanism that can be used to get control of construction sites that
impact the environment. These regulatory mechanisms can be stop-
work orders, fines, penalties, stopping inspections, etc.)
· Ms. Frey asked what the most frequently used enforcement tool was.
Mr. Bintner stated referral to MPCA. She also asked if enforcement
actions were tracked, even if the MPCA did the enforcement and Mr.
Bintner said there was no enforcement tracking in place.
· Following in her line of enforcement questioning, Ms. Frey asked if the
city of Prior Lake had adequate legal tools available to inspectors to
enforce stormwater violations. If the answer is no, how could the City
improve the enforcement program. Mr. Bintner said no, that currently
the City did not have adequate enforcement tools available to them. He
went on to say the City preferred to refer the really bad stormwater cases
to Branden Finke at the MPCA for enforcement. Mr. Bintner went on to
say that the City' really did have a mechanism in place to escalate any
stormwater enforcement action. Mr. Bintner did acknowledge a "gap
existed and he may have to seek City apPJ.vval for an official .
enforcement authority. (Note: This is a MS4 Permit requirement!)
6. Outreach and Education
· Ms. Frey asked what type of training was provided by the City to the
contractors and developers building in Prior Lake. Mr. Bintner stated
that the City held yearly training for contractors and subcontractors.
The emphasis was on what the primary elements of a good SWPPP
were. Ms. Frey asked if attendance was mandatory and Mr. Bintner
said no.
. Ms. Frey asked what other topics were covered in the workshops and
Mr. Bintner said the importance of water quality protection during
construction, the requirements of the NPDES General Stormwater
Permit for Construction Activity and examples of good BMPs.
7. MS4-0wned ConstiuctionProjects .
· Ms. Frey asked Mr. Bintner if Prior Lake projects were designed in-
house or contracted out. Mr. Bintner said it varied, but most of the
City-owned projects are contracted out for the design.
· Along this same line of questioning, Ms. Frey asked if the contracted
designers were trained in stormwater BMP implementation. The
response from the City was no, the designers were not trained in
storm water BMP implementation. .
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. Ms. Frey was curious if checklists were used during the design of
City projects. Mr. Bintner's reply was no, but the City's Public
Works Design Manual was used as a checklist in the way it is used.
. Ms. Frey wanted to know if all projects that were one acre or more
had a NPDES General Stormwater Permit for Construction Activity.
The answer was yes.
. Going back to the City projects, Ms. Frey asked if contracted
planners and design engineers hired to design City projects, does
Prior Lake put language in the.contract specifying stormwater
management practices such as specific BMPs. Mr. Bintner said yes.
. Who does the stormwater inspections on City projects? Mr. Bintner
stated staff from the City's Engineering Department.
. Ms. Frey asked if the inspectors from the Engineering Department
were trained. The answer was yes, on-the -job training.
. Ms. Frey asked if contracted inspectors were used, are there
minimum inspections, maintenance and reporting requirements
specified in the contract. Mr. Bintner stated contract inspectors were
used on private projects. Mr. Bintner was not sure what training the
contracted inspectors had.
8. Comprehensive or Master Planning
. Ms Frey asked if there was an overall comprehensive or watershed
plan with detailed information on current and planned development
and redevelopment. . Mr. Bintner said yes, there was a
Comprehensive Plan for growth. in the watershed.
. Ms. Frey asked Mr. Bintner if the permitee was a municipality, does
the Comprehensive Plan contain stofmwater elements. Like the
amount of impervious allowed. public infrastructure/drainage, open
space and water body protection. Mr. Bintner's response was yes,
there are storm water elements in the Comprehensive Plan. Open
spaces and amount of impervious -are addressed in the
Comprehensive Plan. Water body protection is covered Under the
Local Surface Water Management Plan. Public
infrastructure/drainage is not discussed.
. Ms. Prey asks about building codes and zoning regulations. Mr.
Bintner stated the City has a policy called "Buy Right"
development, which allows the owner to develop their land to the
full extent allowable under the zoning regulations. Planned Unit
Development (aka) "conservation design" is encouraged, but not
required.
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.9. Plan Review Procedures
. ,Ms. Frey asked Mr. Bintner if there were size thresholds for plan
review, e.g., one acre, 10,000 square feet" etc. Mr. Bintner said that
plan reviews are required for projects that create 3,500 square feet
of impervious surface and disturb 10,000 square feet or greater.
. Mr. Bintner was asked if there were pre-project meetings conducted
by the developer/contractor. Yes, Prior Lake requires pre-project
meetings.
. Ms. Frey asked if the s~dard conditions of approval include post-
construction stormwater treatment. Mr. Bintner said yes, this was a
part of the standard conditions.
. Mr. Bintner was 8$ked if there was a checklist they used during a
plan review. The city of Prior ,Lake uses the requirementS outlined
in the Public Works Designmanual as a guideline "checklist" for
conducting plan reviews.
. Ms. Frey asked if the City had signed maintenance agreements
between developers/builders. Mr.'Bintner said the City is
responsible for permanent BMP maintenance with a few exceptions
based on the lack of access to maintain the BMPs.
10. Post-Construction BMP Inventory
. Ms. Frey asked if post-construction BMPs were tracked by the
City. Mr. Bintner said yes, they track them. Examples:
location and inspection findings. Maintenance requirements nor
the type of BMP are not tracked. 'Prior Lake has a GIS database
but it was not looked at during the audit.
. Nonstructural BMPs are not tracked.
. ,Prior Lake does have a database they update periodically.
. The number of private post-construction structural BMPs is a small
number of the total post-construction stormwater treatment devices.
. All active and permitted construction sites in Prior Lake were
reviewed.
11. Outreach and Training -
. Ms. Frey was curious about what type of training the City of Prior
Lake provided to developers/designers. Mr. Bintner stated that
there were no formal training/workshops. The City provides
guidance to the developers/contractors during plan reviews and
face-to-face meetings with the developers/contractors~
. Since there is no formal training offered by Prior Lake; attendance,
frequency, number trained and topics are not really relevant
questions to ask.
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Summarv & Conclusions
. Prior Lake's SWPPP as submitted to the MPCA on June 1,2006,
provides little detail on program activities and had no measurable
goals for the various BMPs. Both MPCA and Tetra Tech, Inc.
staff were skeptical before the June 26, 2008, audit of Prior Lake's
stormwater program.
. After all the audit questions had been asked and the various
stormwater documents reviewed along with Prior Lake's
stormwater tracking system, it was felt by the MPCA and Tetra
Tech, Inc. that the stormwater program at Prior Lake was well
above average.
. A better understanding/agreement must be developed between the
Engineering Department and the Department of Public Works. A
memorandum of understandiIig needs to be developed so there are .
workable lines of communication when it comes to dealing with
stormwater issues. Currently there are a lot of assumptions that
other staff will help with storm water issues without really
knowing for sure if it will happen.
. Using Prior Lake's summer interns to perform stormwater
inspections on City projects is fine and as well contracting with
WSB Consultants to do the private stormwater inspections is also
within the purview of the City. There needs to be consistency in
the manner in which the inspectionS are conducted and the follow-
up of both City projects and private projects. It seems like there
are discrepancies between the inspection protocol the summer
intern uses and that which the consultant uses. The City needs to
make a stormwater inspection checklist and have the summer
intern and the consultant use the same list. As well, what triggers
a stormwater inspection needs to be the same for the City and the
consultant. .
. I believe the City is aware they need to develop an erosion and
sedimentation ordinance that has regulatory powers the City can
activate to get sites that are out of compliance into compliance.
Calling the MPCA for follow-up on difficult sites is not
satisfactory. Since Prior Lake has been identified as a mandatory
MS4 they are responsible for all stormwater issues within Prior
Lake's political boundaries.
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