2007-06-08 MPCA Notice of Violation06/.08/07 13:07 FAX 651 297 2343 MPCA 4TH FLR
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Minnesota Pollution Control Agency
o 520 Lafayette Road North I St. Paul, MN 55155-4194 1 651-296-6300 1 800-657-3864 1 651-282-5332 TTY I www.pca.state.mn_us
June 8, 2007
FACSIMILE NOs. 763-497-3384/952-497-3210
CONFIRMATION REQUESTED
Mr. Larry Kruse, City Administrator
City of Albertville
PO Box 9
Albertville, MN 55301-0009
RE- Notice of Violation — 2004 Prairie Run C00012695
Dear Mr, Kruse:
Enclosed is a Notice of Violation (NOV) issued by the Minnesota Pollution Control Agency
(MPCA) to the City of Albertville (Regulated Party) for alleged violations of National Pollutant
Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Storm Water
Permit at the Regulated Party's Prairie Run Development located 1n Albertville, Minnesota. By
sending this NOV, the MPCA is notifying the Regulated Party of alleged violations that MPCA
staff discovered d«ring file review on May 23, 2007 and inspection on May 29, 2007. This NOV
also provides the Regulated Party an opportunity to respond to the alleged violations.
The first section of. the NOV cites the permit conditions which the MPCA alleges that the
Reb >lated Party violated, and describes the actions or omissions constituting the violations. The
second section, titled "Corrective Action," contains corrective actions that the Regulated Party is
to complete in order to resolve the NOV.
Please note, the Corrective Action section contains dates by which the actions should be
completed. Please also note, if the Regulated Party believes the allegations in this NOV are
incorrect, the MPCA requests a written response within ten days.
If you have any questions, please contact Teddi Trofin at 651-284-0299.
Sincere -
40_ FaOk
Teddi Seibring Trofin
Pollution Control Specialist
Stormwater Section
Municipal Division
TST/TS:dac
Enclosure
cc: Lani Leichty P.E., Bolton & Menk, w/enclosure
Teddi Seibring Trofin, MPCA w/enclosure
Todd Smith, MPCA w/enclosure
Darryl Weakley, MPCA w/enclosure
MPCA Enforcement Data Coordinator w/enclosure
Appropriate File
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
06/08/07 13:07 FAX 651 297 2343 MPCA 4TH_FLR Z 003
STATE OF MINNESOTA
Minnesota Pollution Control Agency
Municipal Division.
NOTICE OF VIOLATION
In the Matter of: City of Albertville Permit Coverage for 2004 Prairie Run C00012695
To: City of Albertville
PO Box 9
Albertville, MN 55301-00009
PLEASE BE ADVISED, that the Minnesota Pollution Control Agency (MPCA) has sufficient
information to allege that the city of Albertville (hereinafter Regulated Party) has violated the
following provisions of permit conditions at its site located in Albertville, Minnesota.
1'. NPDES/SDS Construction Storm Water Permit MNR100001 Part III. C. 1.a,
PERMANENT STORMWATER MANAGEMENT SYSTEM
The basin must have a permanent volume of 1800 cubic feet of storage below the outlet pipe
for each acre that drains to the basin. The basin's permanent volume must reach a minimum
depth of at least 3 feet and must have no depth greater than 10 feet. The basin must be
configured such that scour or re -suspension of solids is minimized.
Basin outlets shall be designed such that the water quality volume is discharged at no snore
than 5.66 cubic feet per second (cfs) per acre of surface area of the pond.
During A Storm Water Pollution Prevention Plan review conducted on May 23, 2007, staff
concluded that the Sedimentation Basin was not designed nor constructed in accordance with the
permit requirement with respect to volume. The drainage area that convoys stormwater to the
new basin both on and off site is approximately 214 acres. This drainage requires 8.9 acre-ft of
dead storage and only 4.2 acre feet has been provided.
2. NPDES/SDS Construction Storm Water Permit NINR100001 Part IV. F.1, POLLUTION
PREVENTION MANAGEMENT MEASURES
The Permittee(s) shall implement the following pollution prevention mi zu-,agement measures
on the site:
Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper,
plastic, fabric, construction and demolition debris and other wastes must be disposed of
properly and must comply with MPCA disposal requirements.
06/08/07 13:07 FAX 651 297 2343 MPCA 4TH FLR „ _ Z 004
�I
During site inspection May 29, 2007 MPCA staff'Iobserved and documented construction debris
Du g p Y
including various materials left on undeveloped throughout the site.
3. NPDES/SAS Construction Storm Water Permit NINR100001 Part IV. E. 4,
INSPECTIONS AND MAINTENANCE
All erosion prevention and sediment control BMPs must be inspected to ensure integrity
and effectiveness. All nonfunctional BMPs must be repaired, replaced, or supplemented with
functional BMPs.
During site inspection May 29, 2007, MPCA staff observed and documented erosion and
sediment control Best Management Practices (BMPs) not effective at the nortb end of Prairie
Court and the north end of Meadow Court. During site inspection May 29, 2007, MPCA staff
observed and documented two sediment deltas in the curb and gutter system at the north end of
Meadow Court.
CORRECTIVE ACTION
To address the alleged violations cited in this Notice of Violation (NOV), the Regulated Party is
to complete the following actions:
1. Within 30 days after receipt of this NOV, submit a constriction plan to the MPCA that
demonstrates the sediment basin will provide enough dead storage to meet the permit design
requirements for volume.; and
2. Within 30 days after receipt of this NOV, submit calculations demonstrating that the outlet
structure. meets the permit design requirements for the discharge rate; and
3, Within 30 days after receipt of this NOV, submit documentation showing that all
construction debris has been removed from the project site; and
4. Within 30 days after receipt of this NOV, submit documentation showing that adequate
erosion and sediment control BMPs have been installed at the north end of Meadow Court
and the north end. of Prairie Court; and
5. - Within 30 days after receipt of this NOV, submit documentation showing that you have
removed the sediment deltas in the curb and gutter system at the north end of Meadow Court,
2
06/08/07 13:07 FAX 651 297 2343 MPCA 4TH FLR Q 005
NOTICE
THEREFORE, you are hereby given notice that the above alleged violations have been recorded
and documented by the MPCA. This NOV and your response does not preclude the MPCA from,
taking further action with respect to the above alleged violations. The MPCA reserves the Tight to
seek any and all remedies available under Minn. Stat. §§ 115.071, 116.072, 116.073, and
609,671 and all applicable rules or permits for any violations cited in the NOV. If the Regulated
Party believes the allegations in this NOV are incorrect, please respond in writing within ten days
after receiving this NOV and explain any inaccuracies. Ifthc Regulated Party does not respond,
the MPCA will conclude that the alleged violations occurred as set forth in the NOV.
DATED: � r'� �G ( MUNICIPAL DIVISION
4P
empson, Supervisor
r Stonnwater Management Unit
St. Paul Office
Municipal Division
DT/TST/TS:dac
cc: Lani L,eichty P.L., Bolton & Menk, w/enclo_sure
Teddi Seibring Trofin w/enclosure
Todd Smith, MPCA w/enclosure
Darryl Weakley, MPCA w/enclosure
MPCA Enforcement Data Coordinator w/enclosure.
Appropriate File
FACSIMILE NOs. 763-497-3384/952-497-3210
CONFIRMATION REQUESTED
Address Submittals Requested Above To:
Teddi Seibring-Trofm
'Minnesota Pollution Control Agency.
Municipal Division, 4th Floor
520 Lafayette Road North
St, Paul, MN 55155-4194
651-284-0299