HomeMy WebLinkAbout10B - Status Report MS4 16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
SUBJECT:
MARCH 21, 2005
10B
STEVE ALBRECHT, CITY ENGINEER
CONSIDER APPROVAL OF A STATUS REPORT REGARDING THE CITY OF
PRIOR LAKE MUNICIPAL SEPARATE STORM SEWERS SYSTEM (MS4)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STATUS
DISCUSSION:
History
The City of Prior Lake is currently permitted as an operator of a Municipal Separate
Storm Sewer System (MS4) under the MPCA National Pollutant Discharge
Elimination System (NPDES) General Permit. This permit regulates the
management of storm water discharge and erosion control in the City of Prior Lake.
The City enforces conditions of this permit through our Storm Water Pollution
Prevention Plan on all qualifying activities that require City permits or approvals.
On February 28, 2005 the MPCA issued new rules for the NPDES General Permit
that require City's currently permitted as US4's to apply for new permit coverage by
September 1, 2005. As part of a legal settlement with the Minnesota Council for
Environmental Advocacy (MCEA) the MPCA has added a new requirement to the
permit for 30 MS4 permittees selected based on past and projected growth. The
City of Prior Lake along with surrounding communities including Savage, Shakopee,
Burnsville and Lakeville are being to required to meet the additional permit
requirements. The new requirement establishes a non-degradation standard that
must be met by the 30 selected US4's. The City of Prior Lake has been given until
April 30, to develop a work plan to meet this new standard. The City has until April
7, 2007 to have the new NPDES Permit approved by the MPCA including the non-
degradation requirements. Other MS4 permittees such as the Prior Lake Spring
Lake Watershed District (PLSLWD) and Scott Water Management Oraganization
(WMO) will most likely be required to meet the new standards within 5 years.
The new non-degradation standard requires the City to develop a plan to reduce
runoff volumes and nutrient loadings to receiving waters to 1988 levels. The City
must develop a plan to retrofit existing development that has occurred since 1988 to
meet the requirement. Additionally all future development must incorporate Best
Management Practices (BMP's)in their projects that reduce pollutant and runoff
volumes to 1988 levels. If a City is unable to reduce the loadings to 1988 levels
based on an analysis of existing and future development the City must use all
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ISSUES:
RECOMMENDED
ACTION:
reasonable and practical means to maximize reduction of these volumes and
loadings.
There are numerous issues, which are raised by these new requirements including:
The City will need assistance from a consultant to prepare the plan and
schedule. Neither the cost of the consultant nor the source of funding for
these expenditures have been identified.
2)
The storm water rules required by this permit exceed the current standards
of the Prior Lake Spring Lake Watershed District (PLSLWD) and Scott
WMO. These differences will need to be reconciled.
3)
Staff time for implementation of these requirements through the
development review and permit process will increase dramatically. This
may delay developments or increase review costs to Developers.
4)
The City may need to undertake significant retrofits for developments
occurring since 1988 to meet the new permit requirements. This will
increase costs to tax payers as these developments are already complete
and retrofits would need to be funded by the City.
5)
New development will need to provide more and larger storm water facilities.
This will have a number of impacts including a reduction in developable
land, increased storm water facility costs and increased City maintenance
costs.
Staff has begun discussing the impacts of the permit with our adjacent municipal
and watershed partners and will continue to update the Council as new information
becomes available. The Scott County Association for Leadership and Efficiency will
be including this topic as part of their ongoing dialogue with Builders Association of
the Twin Cities in the coming months.
No motion is needed by the Council at this time. Staff will continue to gather
information regarding the scope and cost to meet the MS4 permit requirements for
review by the Council at a later date unless otherwise directed.
RE
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