(Amends and replaces Ordinance #2 as of 2/22/00)
AN ORDINANCE PROHIBITING POLLUTION OF WHITE BEAR LAKE AS PART OF A COMPREHENSIVE PROGRAM TO ELIMINATE POLLUTION.
Purpose and Intent
The Board of Directors of the White Bear Lake Conservation District enacts this ordinance as part of the development of a comprehensive program to eliminate pollution of White Bear Lake; to promote the public health and general welfare; to promote safety and sanitation in use of the Lake and; to improve the quality of the waters thereof for general use.
Section 2.01, Subdivision 1. The following words and phrases when used in this ordinance shall have the meanings ascribed to them in this section:
Subd. 2. "Sewage" means the water carried waste products from residences, public buildings, institutions, or other buildings, including the excrementitious or other discharge from the bodies of human beings or animals, together with such ground water infiltration and surface water as may be present.
Subd. 3. "Industrial waste: means any liquid, gaseous, or solid waste substance resulting from any process of industry, manufacturing trade, or business or from the development of any natural resource.
Subd. 4. "Garbage" means any organic refuse of any kind including that resulting from the preparation and serving of food, decayed or spoiled food, and dead animal matter.
Subd. 5. "Rubbish" means any trash, refuse, or waste material of any kind including containers and wrappers for food and other substances, leaves, branches, grass clippings, and machinery or parts thereof.
Subd. 6. "Other wastes" means any organic or inorganic refuse wood, oil, tar, chemicals, and any other substance of any kind whatsoever which does or may promote or hinder growth or proliferation of aquatic life.
Subd. 7. "Pollution of water", "water pollution", or "pollute the water" means: (a) the discharge of any pollutant into any waters of the District or the contamination of any waters of the District so as to create a nuisance or render such waters unclean or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, agricultural, commercial, industrial, recreational or other legitimate uses, or the livestock, animals, birds, fish or other acquit life; or (b) the man-made or man-induced alterations of the chemical, physical, biological, or radiological integrity of waters of the District.
Subd. 8. "Waters of the District" means White Bear Lake, all other lakes, all streams, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained in, under or flow into White Bear Lake.
Subd. 9. "Shoreline" means the line of contact of the surface water of the District with the shore.
Subd. 10. "Person" means any municipality, governmental subdivision, public or private corporation, and any officer or official thereof, any individual, partnership, association, or other entity.
Subd. 11. "District" means White Bear Lake Conservation District.
Subd. 12. "Municipality" means any municipality as defined in Laws 1971, Chapter 355, Sec. 1.
Subd. 13. "Board" means the Board of Directors of the White Bear Lake Conservation District.
Section 3.01 Subdivision 1. No person shall cause pollution of the waters of the District or shoreline thereof by placing or depositing or by permitting to be placed or deposited in, on, or upon said waters of the district or shoreline or upon any public or private property from which runs into or is carried into said waters any sewage, industrial waste, garbage, rubbish, or other waste.
Subd. 2. No person shall cause pollution of the public beaches or other public facilities for access to the lake within the territory of the municipalities by placing or depositing or by permitting to be placed or deposited thereon any sewage, industrial waste, garbage, rubbish or other waste.
Subd. 3. Discharge from any kind of sewage disposal system into or unto the waters of the District is prohibited.
Subd. 4. Any person organizing and running a public or private gathering or event involving more than 50 participants and spectators on White Bear lake or the frozen surface thereof or on any public beaches or other public facilities for access to the lake is required to obtain a license from the Board.
Subd. 4.a. Applications for such licenses shall be made to the Secretary of the Board on forms provided. The application shall include:
(1) Name and address of the applicant and organization represented.
(2) Information including location and size of structures and activities on the Lake drawn to scale and appropriately labeled on maps designated by the District.
(3) A showing that all requisite permits, licenses, and approvals have been obtained or requested from all other governmental units having jurisdiction.
(4) A general description of the event including purpose, date, time, number of people to be involved, vehicles or other equipment to be used, and other facts as the Secretary may request.
(5) A detailed plan to insure compliance with Subdivisions 1, 2, and 3 of this Section of the ordinance. This plan shall include provisions for waste disposal, sanitary facilities, inspections of vehicles or equipment, post-event cleanup, and other necessary precautions to prevent pollution.
(6) Fee as established by the Board.
Subd. 4.b. License shall be obtained prior to each event and shall be in effect only at times specified by the Board.
Subd. 4.c. After an application is submitted, the Secretary shall schedule (within stipulations of Minnesota Statutes section 15.99 -- the 60 day action law) the application for consideration by the Board and shall notify the applicant of the time and place at which the application will be considered.
Subd. 4.d In exercising its discretion in granting or denying licenses, the Board may consider, among other things, the following:
(1) Whether the proposed event will cause pollution of the waters or shoreline of White Bear Lake.
(2) Whether the proposed event is compatible with activities of unorganized users of the Lake or public land facilities.
(3) Whether the proposed event will create a condition hazardous to participants, spectators, or property.
(4) Whether the proposed event, by reason of noise, fumes, light, or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the event.
Subd. 4.e. By making application for a license the applicant consents to permitting officers and agents of the District to enter the event area at all times to investigate the application and to determine whether the ordinance of the District are being complied with. The application form shall contain a statement to this effect.
Subd. 4.f. No person licensed pursuant to this section shall gain a vested right to obtain such licenses in the future. The use of the Lake shall remain subject to regulation, and to changes in regulations, from time to time as the public interest requires.
Subd. 4.g. When deemed necessary, the Board may impose conditions upon the granting of a license, which conditions shall be in writing. A violation of any of the conditions shall be a violation of this ordinance.
Section 4.01 Whereupon written application of the responsible person or persons, the board finds that by reason of exceptional circumstances strict conformity of any of the provisions contained herein would cause undue hardship, would be unreasonable, impractical or not feasible under the circumstances, the Board may permit a variance from these provisions upon such conditions and within such time limitations as it may prescribe for prevention, control, or abatement of pollution in harmony with the intent of regulatory standards enacted by all governmental units having jurisdiction.
Section 5.01 In the case of regulatory standards in conflict with this ordinance, the more restrictive standards enacted by any governmental unit having jurisdiction shall take precedence.
Section 6.01 Subdivision 1. Any persons who shall violate any of the provisions hereof, or who shall fail to comply with any of the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $700.00 and costs, or imprisonment for not to exceed 90 days, or both. Each day a violation continues shall constitute a separate offense.
Subd. 2. In case of a violation of this ordinance, the Board, in addition to the foregoing penalties may institute any proper action or procedure in the name of the District to prevent such violation.
Section 7.01 Should any section, subdivision, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
Section 8.01 This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law and is hereby declared by the Board to have the effect of an ordinance.
Section 8.02. The foregoing ordinance was enacted by a majority vote of all members of the Board.
Ordinance #2 adopted October 22, 1981
Ordinance #14, to amend Ordinance #2 adopted February 22, 2000