2. NPDES Annual Permit
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
~
MEMORANDUM
To: Todd Gerhardt, City Manager
From:
Terrance Jeffery, Water Resources Coordinator ltJ.
May 11,2009 J&
National Pollutant Discharge Elimination System (NPDES) Phase II Municipal
Separate Storm Sewer System (MS4) Permit 2008 AnnualReport- SWMPl5
Date:
Re:
ACTION REQUIRED
Staff is requesting the City Council:
1. Receive public comment on the City's NPDES Phase II MS4 Storm Water Pollution
Prevention Program and 2008 Annual Report; and
2. Approve the Annual Report for 2008; authorize mayor's signature and submittal to
Minnesota Pollution Control Agency (simple majority).
MOTION SUGGESTED
The Chanhassen City Council authorizes the Mayor to sign the City's National Pollution
Discharge Elimination System (NPDES) Phase II Annual Report, as attached to this report,
and authorizes the distribution of the Annual Report to the Minnesota Pollution Control
Agency.
BACKGROUND
In June 2002, the Minnesota Pollution Control Agency (MPCA) issued a MS4 general permit
for cities discharging stormwater into waters of the state. Shortly after the permit was issued,
the Minnesota Center for Environmental Advocacy (MCEA) filed an appeal for the permit
indicating that it was inappropriate to issue a general permit in place of individual permits
and because they believed the MPCA failed to address non-degradation and education as part
of the permit. In May 2003, the Minnesota Court of Appeals ruled in favor of the MCEA.
The MPCA has since revised their permit to address additional requirements.
As part of the revised permit, Chanhassen and 29 other communities must address the non-
degradation of all waters. This requirement has been added to determine if any new or
expanded discharges beyond 1988 baseline conditions exist within the selected communities
(MR 7050,0815). The City of Chanhassen submitted a revised application for permit
coverage on May 26,2006. Chanhassen completed the Non-degradation Plan in February of
2007 and submitted it to the MPCA for review and comment. The City's permit coverage
was extended on Apri122, 2008.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
NPDES Phase II MS4 Permit Annual Report
May 11, 2009
Page 2 of2
HIGHLIGHTS OF PROGRESS - 2008
We are continuing the programs from our NPDES Permit in preceding years. We are now
fully implementing nearly everything from the program. We continue to partner with the
Carver County Environmental Center to reduce solid waste through recycling efforts. I
would like to recognize the Street Department for all of their efforts sweeping our 107 miles
of street. Last year's efforts resulted in the collection of over 500 tons of debris that might
otherwise have been washed into our water bodies. They have also inspected and cleaned all
of our sump and environmental manholes.
The City of Chanhassen has continued to partner with the Carver County Soil and Water
Conservation District to inspect all sites that fall under the jurisdiction ofNPDES
Construction Stormwater Permit. This year 27 sites were inspected regularly. Notification
letters were sent to two NPDES permit holders as a result of inspections. This is indicative of
the increased understanding of the permit process and subsequent compliance.
The City of Chanhassen has continued their education and outreach efforts through the use of
written articles, mailings, utility inserts and the City website. We have been working with the
Lower Minnesota River Watershed District, the Minnehaha Creek Watershed District and the
Carver County Water Management Organization to identify, develop and collaborate on
additional educational materials, thereby more efficiently reaching our target audience and
reducing redundancies.
In addition to the education and outreach, the City has implemented several projects to
address water quality in the City. These include the Kerber Pond Water Quality
Improvement Project, Ravine #2 at Mandan Circle, cleaning Longacres Pond, and other
maintenance of the storm sewer infrastructure. Last year also saw the beginning of the Bluff
Creek Total Maximum Daily Load study as well as the designation of the Seminary Fen
Scientific and Natural Area.
Staff will continue to work to implement the entire Storm Water Pollution Prevention Plan
(SWPPP) for the NPDES permit by 2010 as required by the permit. No imminent obstacles
to this time line are foreseen. The current permit expires in 2011. In order to be fully
implemented, Chanhassen will need to develop a new operations and maintenance manual for
handling spills and hazardous waste at the new Public Works Facility, amending our SWPPP
per the forthcoming PCA comment letter on our Non-degradation plan, inspecting all of our
outfalls and ponds, continuing to update our stormwater map, and review of applicable
ordinance to assure compliance with permit requirements.
Attachments: 1. 2007 NPDES Phase II MS4 General Permit Annual Report.
G:\ENG\Terry\NPDES Phase II\MS4 Permit\2008 Annual Report\2008 NPDES Council Memo.doc
ANNUAL REPORT for 2008
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
Reporting period January 1, 2008 to December 31, 2008
Due June 30, 2009
USE OF TillS FORM IS MANDATORY By completing this Annual Report form, you are providing the Minnesota
Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an
assessment of the appropriateness of your identified best management practices (BMPs) and progress towards achieving
your identified measurable goals for each of the minimum control measures as required by the MS4 Permit. If an MS4
determines that program status or compliance with the permit can not be adequately reflected within the structure of this
form additional explanation and/or information may be referenced in an attachment. This form has significant limitations
and provides only a snap shot of MS4 compliance with the conditions in the Permit. After reviewing the information
MPCA staff may need to contact the MS4 to clarify or seek additional information. MPCA enforcement policy is to
provide the opportunity to respond to any alleged violations before any enforcement action is taken.
Submit your annual report by June 30, 2009 to:
Minnesota Pollution Control Agency
Municipal Division
520 Lafayette Road North
St. Paul, MN 55155-4194
This Annual Report may be submitted electronically via email to the MPCA MS4 Program mailbox:
ms4permit@pca.state.mn.us. If submitting electronically, this form must be sent via email from the person that is duly
authorized to sign this form under the Owner/Operator Certification section. A confirmation email will be sent in
response to electronic submissions. If you would like to obtain an electronic copy of the MS4 Annual Report for 2008
form, please visit: www.pca.state.mn.us/water/stormwater/stormwater-ms4.html.
If you have further questions, please contact one of these MPCA staff members (call toll-free 800-657-3864). Note new
numbers effective November 2008:
. Keith Cherryholmes 651-757-2270
. Joyce Cieluch 218-846-7387
. Scott Fox 651-757-2368
. Amy Garcia 651-757-2377
City of Chanhassen
Name ofMS4
Terry Jeffery
Name of Contact Person
952-227-1168
Telephone (including area code)
7700 Market Blvd, PO Box 147
Mailing Address
Chanhassen
City
tj effery@ci.chanhassen.mn.us
Email Address
MN
State
55317
ZIP code
A. The permit requires each MS4 to implement a public education program to distribute educational materials to the
community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and
steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.1.a] NOTE: Please indicate which
of the following distribution methods you used during the 2008 calendar year. Indicate the number distributed in the
spaces provided (enter "0" if the method was not used or "NA" if the data does not exist)::
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Posters:
Newspaper articles:
Utility bill inserts:
Radio ads:
Television ads:
Cable Access Channel:
Other:
f you use a stormwater Web site as a tool to distribute stormwater educational materials:
3
Number of times published
published 5 times
published 6 times
1 publication/article
3
1 publication
3 cycles
none
Circulation/Audience
about 10,000
~ 14,400 (300/publication)
~ 271,600 (9,700/publication)
about 20,000
about 10,000
about 3,000 per cycle
Media type
Example: Brochures:
Brochures:
Number of media
3 different brochures
8 different brochures
Newsletter: 28 different articles in 2008
1 article
1 insert
none
none
none
none
none
hat is the URL:
ow many hits to the stormwater page during 2008:_
id you hold stormwater related events, presentations to schools or other such activities [gJ Yes D No
fyes, please describe: Raingarden courses, Citywide Water Conservation program, hosted Chanhassen Days
cooperatively with the MN Landscape Arboretum
B. What stage of development would you assign to each area of your stormwater education program? (If there are multipl
components for a Minimum Control Measure (MCM) check the one box that most accurately reflects the overall stag
for that MCM). You may include an attachment if further explanation is desired.
MCM 1: D Not started D Research D Development D Early Implementation [gJ Program in place
MCM 2: D Not started D Research D Development D Early Implementation [gJ Program in place
MCM 3: D Not started D Research D Development D Early Implementation [gJ Program in place
MCM 4: D Not started D Research D Development D Early Implementation [gJ Program in place
MCM 5: D Not started D Research D Development [gJ Early Implementation D Program in place
MCM 6: D Not started D Research D Development D Early Implementation [gJ Program in place
C. Have you developed partnerships with other MS4s, watershed districts, local or state governments,
educational institutions, etc. to assist you in fulfilling the requirements for Minimum Control
Measure I?
D. List those entities with which you have a partnership to meet the requirements of this MCM and
describe the nature of the agreement(s) (list iflevel of effort exceeded 10 hours): The City of
Chanhassen has worked with the Lower MN River Watershed District to offer raingarden
installation and maintenance classes to residents. We have also worked with the UofM Landscape
Arbortetum to host community outreach events.
[gJ Yes D N
. Did you hold a public meeting to present accomplishments for calendar year 2008 and to discuss
your Stormwater Pollution Prevention Program (SWPPP)? [PartV.G.1.e] Ifno, explain:_
. What was the date of the public meeting? May 1 L 2009
How many citizens attended specifically for stormwater (excluding board/council members and
staff/hired consultants)? _
. Was the public meeting a stand-alone meeting for stormwater or was it combined with some other
function such as a City Council meeting?
. Each MS4 must receive and consider input from the public prior to submittal of your annual report.
D Stand-alone
[gJ Combined
[gJ Yes D No
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Did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1-3].
. Have you revised your SWPPP in response to comments received from the public in calendar year
2008 or early 2009 (if meeting held in 2009)? [Part V.G.2.c] If yes, describe. Attach a separate sheet
if necessary: _
DYes ~No
he permit requires MS4s to develop, implement and enforce a program to detect and eliminate illicit discharges as
dined in 40 CFR l22.26(b)(2) in your SWPPP. You must also select and implement a program of appropriate BMPs and
easurable goals for this minimum control measure.
Have you completed a storm sewer system map in accordance with the requirements of the permit?
(MPCA assumes that completed maps will still need updates and corrections as changes occur).
If yes, describe the form in which the map is available:
D Hardcopy only ~ GIS system D CAD D Other system: _
If no, please explain: _
NOTE: The storm sewer system map was to be completed by June 30, 2008. [Part V.G.3.a]
. Has an ordinance or other regulatory mechanism been adopted to prohibit illicit discharges or other
non-stormwater discharges from entering your system? Provide the date for the most relevant part
of the regulatory mechanism that was adopted or estimated date of adoption: 12/8/2003
Have you completed the tasks associated with the schedule listed on BMP Summary Sheet 3c-l in
your program for illicit discharge detection and elimination? (attach additional information if
needed)
Indicate the status of development for tasks associated with BMP Summary Sheet 3c-l:
D Not started D Research D Development ~ Implementation D Program in place
. Have you completed the tasks associated with the schedule listed on BMP Summary Sheet 3d-l for
your Public and Employee Illicit Discharge Information Program?
Indicate the status of development for tasks associated with BMP Summary Sheet 3d-I:
D Not started D Research D Development ~ Implementation D Program in place
~Yes DNo
~Yes DNo
~Yes DNo
~Yes DNo
The permit requires that each MS4 develop, implement, and enforce a program to reduce pollutants in any
stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land
disturbance of equal to or greater than one acre, including the disturbance of less than one acre of total land area that is
part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres
(include if your MS4 established a smaller site size). [Part V.GA.]
Have you adopted an ordinance or other regulatory mechanism that regulates stormwater runoff fro ~ Yes D No
construction activities that results in a land disturbance of greater than or equal to one acre and/or les
than one acre that is part of a common plan of development or sale that will ultimately disturb on
acre or more? NOTE: Your regulatory mechanism must be fully developed and implemented withi
six months from the extension of permit coverage.
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B. A complete copy of your erosion and sediment control ordinance or other regulatory mechanism ~Yes DNo
addressing the requirements of Part V.GA of the Permit must be submitted with this Annual Report.
This documentation may be submitted in hard copy; as a separate electronic file, or electronically
attached to this Annual Report. Have you submitted a copy of your erosion and sediment control
ordinance or other regulatory mechanism?
Check here if you have No Regulatory Authority 0
C. The following are among the criteria used to evaluate the effectiveness of this program. Which of the following BMP
components and pollution prevention management measures have been incorporated into your regulatory mechanism?
Check all that apply and include a citation for each checked measure outlining specifically where it can be located in
the documents submitted with this Annual Report. If you are utilizing the "Other Regulatory Mechanism" option,
please respond in the same manner and follow the above submittal procedures.
Citation (Ordinance, Rule, Statute, Code, MOD, or other
official agreement, page #, paragraph, line item, or other
BMP Component/P2 Measure reference)
~ Temporary erosion controls Chpt. 7-22 (h)
o Record keeping for rainfall and inspections -
~ Permanent erosion controls Chpt.7-22(h)
o Waste controls for hazardous waste -
o Waste controls for solid waste -
o Dewatering and basin draining -
o Regular inspections by site operators -
~ Site plan submittal including erosion and sediment Chpt.18-40(4)g
control BMPs
o BMP maintenance
~ Site plan review and approval prior to activity on site Chpt. 18-40
~ Permanent stormwater management facility approval Chpt. 18-40(4)c & Chpt.19 Article VII
o Other: _ -
D. Your ordinance or regulatory mechanism must include sanctions to ensure compliance and contain enforcement
mechanisms. Which of the following enforcement mechanisms are contained in your ordinance or regulatory
mechanism? Check all existing and added sanctions for 2008. Include with each checked measure a citation outlining
where each mechanism can be located in the documents submitted with this Annual Report.
Citation (Ordinance, Rule, Statute, Code, MOD, or other
official agreement, page #, paragraph, line item, or other
Enforcement Mechanism reference)
~ Verbal warnings
~ Written warnings
~ Stop-work orders City Code Chpt.7-22(g)
~ Fines City Code Chpt.7-16(e)
IZI Forfeit of security bond money City Code Chpt.7-22(a)
o Withholding of certificate of occupancy
~ Other: Withholding of Building Permit Ci ty Code Chpt. 18-21
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Identify which of the following types of enforcement actions you used for construction activities during the reporting
period, indicate the number of actions or note those for which you do not have authority:
Number of actions
[81 Yes Notice of violation #2
[81 Yes Administrative fines #1
[81 Yes Stop Work Orders #1
DYes Civil penalties #
DYes Criminal actions #
DYes Administrative orders #
No Authority D
No Authority D
No Authority D
No Authority D
No Authority D
No Authority D
Does your regulatory mechanism address the regulation of construction sites which disturb less than [8J Yes D No
one acre?
If yes please cite where this is addressed in the documents submitted with the Annual Report
G. How many construction sites were inspected for compliance with your erosion and sediment contro
regulatory mechanism during the 2008 calendar year
. On average, how many times each, or with what frequency, are construction sites inspecte weekly
(e.g., weekly, monthly, etc.)?
. Do you prioritize certain construction sites for more frequent inspections? [8J Yes D No
If yes, based on what criteria? Proximity to surface water, presence of bluffs, etc
The permit requires each MS4 to develop, implement, and enforce a program to address stormwater runoff from ne
development and redevelopment projects within your jurisdiction that disturb an area greater than or equal to one acre,
including projects less than one acre that are part of a larger common plan of development or sale that discharge into yo
small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. Yo
must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure.
NOTE: The MS4 permit requirements associated with this minimum control measure were required to be fully develope
and im lemented b June 30, 2008.
Have you developed and implemented strategies which include requirements for a combination of DYes [8J No
structural and/or non-structural BMPs appropriate for your community?
Is an ordinance or other regulatory mechanism currently in place to address post-construction DYes [8J No
runoff from new development and redevelopment projects to the extent allowable under law?
Provide the date the re lato mechanism was ado ted or estimated date of ado tion:
. Is a plan in place to ensure adequate long-term operation and maintenance of BMPs installed as a DYes [8J No
result of these re uirements?
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How are you funding the long-term operation and maintenance of your stormwater management system? (Check all
that apply)
o Grants
[gI Stormwater utility fee
o Taxes
o Other:_
he permit requires each MS4 to develop and implement an operation and maintenance program that includes a trainin
omponent and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your progra
ust include employee training to prevent and reduce stormwater pollution from activities such as park and open spac
aintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance.
. Is your MS4 current on development of all the BMPs listed in the BMP Summary Sheets for MCM 0 Yes 0 No
6 as indicated in the time1ine/imp1ementation schedules? If no, explain:
. Indicate the total number of structural pollution control devices (for example-grit chambers, sumps, floatable skimmers,
etc) within your MS4, how many were inspected, and calculate the percent inspected. Enter "0" if your MS4 does not
contain structural pollution control devices or "NA" if the data does not exist:
Total Number Number Inspected Percentage
Structural Pollution Control Devices:
C. Did you repair, replace, or maintain any structural pollution control devices?
o Yes [gI No
. For each BMP below, indicate the total number within your MS4, how many of each BMP type
were inspected, and calculate the percent inspected:
Structure/Facility Type Total Number Number Inspected Percentage
Outfalls to receiving waters 1529
Sediment basins/ponds 358 57 16
TOTAL
he permit requires that any MS4 that discharges to a Water of the State which appears on the current U.S. EP A approve
list of impaired waters under Section 303(d) of the Clean Water Act review whether changes to your SWPPP may b
arranted to reduce the impact of your discharge [Part IV.D]
. MPCA has provided an MS4 Mapping tool which provides information for compliance with the permit and water quality
1es. It can also help MS4 staff and stakeholders view relationships between an MS4 and various other water features in the
ayers including impaired waters. Please go to the MS4 Mapping too11ocated at
http://www.pca.state.mn.us/water/stormwater/stormwater-ms4.htm1by clicking on "MS4 mapping tool" under "Maps of
S4s" and rate this web mapping tool for its usefulness in helping you identify impaired waterbodies your MS4 may
ischarge to, including impaired waters as defined on the 303d listing (This request is optional)
o Not Useful at all 0 Somewhat Useful 0 Useful OVery Useful 0 Other:
Check here if your MS4 has no impaired waters: 0
dditional Comments on the MS4 Mapping Tool can be emailedto:paul.leegard@pca.state.mn.us
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. Did you make a change to any identified BMPs or measurable goals in your SWPPP since your last
report? [Part V.H.] If yes, explain:_
. Briefly list the BMPs using their unique SWPPP identification numbers you have changed in your
SWPPP or any measurable goals that will be changed in your updated SWPPP, and why they have
changed: (Attach a separate sheet ifnecessary)_
C. Did you rely on any other entities (MS4s, consultants or contractors) to implement any portion of
your SWPPP? If yes, please identify them and list activities they assisted with: _
DYesDNo
he person with overall administrative responsibility for SWPPP implementation must sign the annual report. This perso
ust be duly authorized and should be the person who signed the MS4 permit application or a successor.
certify under penalty of law that this document and all attachments were prepared under my direction or supervision i
ccordance with a system designed to assure that qualified personnel properly gathered and evaluated the informatio
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible fo
athering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complet
(Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including th
ossibility of fine and imprisonment (Minn. R. 7001.0540).
X
Authorized Signature (This person must be duly authorized Date
to sign the annual report for the MS4. Electronic submissions must be
sent from this person's email address.to qualify for Authorized
Signature status)
Last Name
First Name
Title
Mailing Address
City
State
ZIP code
Telephone (include area code)
E-mail Address
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