92-017 ORD
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SECTION 1300 - SANITARY SEWER; CONNECTIONS, USE AND GENERAL
REGULATIONS
1300.00 - DEFINITIONS
Unless the context clearly indicates otherwise, the words,
combination of words, terms and phrases used in this Section
1300.00 et seq. shall have the meanings set forth in the
following paragraphs.
ACT: The Federal Water Pollution Control Act also referred to
as the Clean Water Act, as amended, 33. U.S.C. 1251, et seq.
ASTM: American Society of Testing Materials.
BOD (denoting "Biochemical Oxygen Demand"): The quantity of
oxygen utilized in the biochemical oxidation of organic matter
expressed in milligrams per liter, as determined in accordance
with standard laboratory procedure as set forth in the latest
edition of "Standard Methods for the Examination of Water and
Wastewater."
BUILDING DRAIN: That part of the lower horizontal p1p1ng of
a drainage system which receives the discharge from soil, waste
and other drainage pipes inside the walls of the building and
conveys it to the building sewer, beginning five (5) feet (1.5
meters) outside the inner face of the building wall.
BUILDING SEWER: The extension from the building drain to the
public sewer or other place of disposal, also called house
connection.
CITY: The area within the corporate boundaries presently
established or as amended by ordinance or other legal actions
at a future time. The term "City" when used herein, may also
be used to refer to the specific City which has adopted this
ordinance and to that City Council and its authorized
representative(s).
COD (denoting "Chemical Oxygen Demand"): The quantity of
oxygen utilized in the chemical oxidation of organic matter,
expressed in milligrams per liter, as determined in accordance
with standard laboratory procedures as set forth in the latest
edition of "Standard Methods for the Examination of Water and
Wastewater."
COMPATIBLE POLLUTANT: Biochemical oxygen demand, suspended
solids, pH, and fecal coliform bacteria, plus additional
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pollutants identified in the NPDES/SDS Permit if the treatment
facilities are designed to treat such pollutants to a degree
which complies with effluent concentration limits imposed by
the permit.
CONTROL MANHOLE: Means any manhole installed at an industry
to facilitate observation, sampling and measurement of waste.
EASEMENT: An acquired legal right for the specific use of
land owned by others.
FECAL COLIFORM: Any number of organisms common to the
intestinal tract of man and animals whose presence in sanitary
sewer is an indicator of pollution.
FLOATABLE OIL: Means any oil, that has a density less than
that of water which causes it to float on the sewage and which
tends to coat surfaces and cause maintenance problems.
GARBAGE: Solid waste resulting from the domestic and
commercial preparation, cooking and dispensing of food and from
the handling, storage or sale of meat, fish, fowl, fruit,
vegetables or condemned food.
INCOMPATIBLE POLLUTANT: Any pollutant that is not defined as
a compatible pollutant (Sec. 9) including non-biodegradable
dissolved solids.
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INDUSTRY: Any nongovernmental or nonresidential user of a
publicly owned treatment works which is identified in the
Standard Industrial Classifications Manual, latest edition,
which is categorized in Divisions A, B, D, E and I.
INDUSTRIAL WASTE: Gaseous, liquid and solid wastes resulting
from industrial or manufacturing processes, trade or business
or from the development, recovery and processing of natural
resources, as distinct from residential or domestic strength
wastes.
INFILTRATION: Water entering a sewer system (including
building drains and pipe), from the ground, through such means
as, but not limited to, defective pipes, pipe joints,
connections or manhole walls.
INFILTRATION/INFLOW (1/1): The total quantity of water from
both infiltration and inflow.
INFLOW: Water other than wastewater that enters a sewer
system, including (building drains) from such sources as, but
not limited to roof leaders, cellar, yard and area drains,
foundation drains, drains from springs and swampy areas,
manhole covers, cross connections from storm sewers, catch
basins, surface runoff, street wash water or drainage.
. INTERFERENCE: The inhibition or disruption of the City's
wastewater disposal system processes or operations which causes
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or significantly contributes to a violation of any requirement
of the City's NPDES and/or SDS Permit. The term includes
sewage sludge use or disposal by the City in accordance with
published regulations providing; guidelines under Section 405
of the Act or any regulations developed pursuant to the Solid
Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or more stringent State criteria applicable to the
method of disposal or use employed by the City.
MPCA: Minnesota Pollution Control Agency.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS: Federal
regulations establishing pretreatment standards for
introduction of pollutants in publicly-owned wastewater
treatment facilities, which are determined to be not
susceptible to treatment by such treatment facilities, or would
interfere with the operation of such treatment facilities,
pursuant to Section 307(b) of the Act.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES
PERMIT): The system for issuing, conditioning and denying
permits for discharge of pollutants, from point sources into
the navigable waters, the contiguous zone, and the oceans by
the Administrator of the Environmental Protection Agency
pursuant to Section 402 and 405 of the Federal Water Pollution
Control Act Amendments of 1972.
NATURAL OUTLET: Any outlet into a water course, pond, ditch,
lake or other body of surface or groundwater.
NON-CONTACT COOLING WATER: The water discharged from any use
as air conditioning, cooling or refrigeration, or during which
the only pollutant added is heat.
NORMAL DOMESTIC STRENGTH WASTE: Wastewater that is primarily
introduced by residential users with a BOD5 concentration not
greater than 200 mg/l, a suspended solids concentration not
greater than 250 mg/l.
OTHER WASTES: Garbage, municipal refuse, decayed wood,
sawdust, shavings, bark, lime, sand, ashes, oil tar, chemicals,
offal and other substances except sewage and industrial wastes.
Eli: The logarithm of the reciprocal of the weight of
hydrogen ions in grams per liter of solution.
PLANT OPERATION: The utilities superintendent or a deputy,
agent or representative thereof.
PRETREATMENT: The treatment of wastewater from industrial
sources prior to the introduction of the waste effluent into a
publicly-owned treatment works (See Section 21).
PROCESS WATER: Any water used in the manufacturing,
preparation or production of goods, material or food. Process
water is an industrial waste.
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PROPERLY SHREDDED GARBAGE: The wastes from the preparation,
cooking and dispensing of food that have been shredded to such
a degree that all particles will be carried freely under the
flow conditions normally prevailing in public sewers with no
particle greater than 1/2 inch (1.27 cm) in any dimension.
SANITARY WASTE: The liquid and water-carried waste
discharged from sanitary plumbing facilities.
SEWAGE OR WASTEWATER: The water-carried waste products from
residences, public buildings, institutions, industrial
establishments or other buildings including the excrementitious
or other discharge from the bodies of human beings or animals,
together with such groundwater infiltration and storm and
surface water as may be present.
SEWER: A pipe or conduit that carries wastewater or drainage
water.
1. Collection Sewer - a sewer whose primary purpose is to
collect wastewater from individual point source discharges and
connections.
2. Combined Sewer - a sewer intended to serve as a sanitary
sewer and a storm sewer.
3. Force Main - a pipe in which wastewater is carried under
pressure.
4. Interceptor Sewer - a sewer whose primary purpose is to
transport wastewater from collection sewers to a treatment
facility.
5. Private Sewer - a sewer which is not owned and maintained
by a public authority. It shall include the entire service
line including that beneath the public right-of-way to the
point of connection with the lateral or other public sewer line.
6. Public Sewer - a sewer owned, maintained and controlled by
a public authority.
7. Sanitary Sewer - a sewer intended to carry only liquid and
water-carried wastes from residences, commercial building,
industrial plants and institutions together with minor
quantities of ground, storm and surface waters which are not
admitted intentionally.
8. Storm Sewer or Storm Drain - a drain or sewer intended to
carry storm waters, surface runoff, ground water, subsurface
water, street wash water, drainage and unpolluted water from
any source.
SEWER SYSTEM: Pipelines or conduits, pumping stations, force
mains and all other devices and appliances appurtenant thereto
used for collecting or conducting sewage, industrial wastes or
other waste to a point of ultimate disposal.
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SHALL: Is mandatory; MAY: Is permissive.
SIGNIFICANT INDUSTRIAL USER: Any industrial user to the
wastewater treatment facility which has a discharge flow (1) in
excess of 25,000 gallons per average work day, or (2) has
exceeded five percent (5%) of the total flow received at the
treatment facility, or (3) whose waste contains a toxic
pollutant in toxic amounts pursuant to section 307 (a) of the
Act, or (4) whose discharge has a significant effect, either
singly or in combination with other contributing industries, on
the wastewater disposal system, the quality of sludge, the
system's effluent quality or emissions generated by the
treatment system.
SLUG: Any discharge of water or wastewater which in
concentration of any given constituent, or in quantity of flow,
exceeds for any period of duration longer than fifteen (15)
minutes, more than five times the average 24 hour concentration
of flows during normal operations, and which adversely affect
the collection system and/or performance of the wastewater
treatment works.
STATE DISPOSAL SYSTEM (SDS) PERMIT: Any permit (including
any terms, conditions and requirements thereof) issued by the
MPCA pursuant to Minnesota Statutes 115.07 for a disposal
system as defined by Minnesota Statutes 115.01, Subdivision 8.
STORM DRAIN OR STORM SEWER: A sewer which carries storm and
surface water and drainage but excludes sewage and industrial
wastes, other than unpolluted cooling or process water.
SUSPENDED SOLIDS: Solids that either float on the surface
of, or are in suspension in, water, sewage, or other liquids
and which are removable by laboratory filtering, in accordance
with the latest edition of "Standard Methods for the
Examination of Water and Wastewater".
TOXIC POLLUTANT: The concentration of any pollutant or
combination of pollutants which upon exposure to or
assimilation into any organism will cause adverse effects as
defined in standards issued pursuant to Section 307 (a) of the
Act.
UNPOLLUTED WATER: Clean water uncontaminated by industrial
waste or other wastes or any substance which renders such water
unclean or noxious or unpure so as to be actually or
potentially harmful, detrimental or injurious to public health,
safety or welfare, to domestic, commercial, industrial or
recreational use, or to livestock, wild animals, birds, fish or
other aquatic life.
USER: Any person who discharges or causes or permits the
discharge of wastewater into the City's wastewater disposal
system.
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WASTEWATER FACILITIES: The structures, equipment and
processes required to collect, carry away and treat domestic
and industrial wastes and dispose of the effluent.
WASTEWATER TREATMENT WORKS OR TREATMENT WORKS: An
arrangement of devices and structures for treatment of
wastewater, industrial wastes and sludge. The phrases
hereinafter defined are sometimes used synonymously herein for
"waste treatment plant", "wastewater treatment plant", "water
pollution control plant" or "sewage treatment plant".
WATERCOURSE: A natural or artificial channel for the passage
of water, either continuously or intermittently.
WPCF: The Water Pollution Control Federation.
SECTION 1300.02 - USE OF PUBLIC SEWERS
1. It shall be unlawful for any person to place, deposit, or
permit to be deposited in any unsanitary manner on public or
private property within the City or in any area under the
jurisdiction of the City, any human or animal excrement,
garbage or other objectionable waste. Generally accepted
gardening and agricultural practices are not prohibited hereby.
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2. It shall be unlawful to discharge to any natural outlet
within the City or in any area under the jurisdiction of the
City any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with the provisions
of this ordinance.
3. Except as hereinafter provided, it shall be unlawful to
construct or maintain any privy, privy vault, septic tank,
cesspool or other facility intended or used for the disposal of
sewage.
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4. The owner of any building or property which is located
within the City and from which wastewater is discharged shall
be required to connect to a public sewer at his expense within
two (2) years from the date said public sewer is operational,
provided that said public sewer is within three hundred (300)
feet of the structure generating wastewater and said public
sewer is located in a public right-of-way or easement for sewer
purposes adjacent to the property. All future buildings
constructed on property adjacent to the public sewer shall be
required to immediately connect to the public sewer. If sewer
connections are not being made pursuant to this paragraph, the
City shall serve written notice on the affected property owner
stating that if said connection is not made within ninety (90)
days after the date of such notice, the connection will be made
by the City at the expense of the owner and that if unpaid, the
charge for such work will be made a special assessment against
the property concerned. Such assessment, when levied, shall be
a lien against said property and shall bear interest at the
legal rate for local improvements and shall be certified to the
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County Auditor and collected and remitted to the City in the
same manner as assessments for local improvements. The rights
of the City under this paragraph shall be in addition to other
remedial or enforcement rights provided under this ordinance.
5. No person shall discharge or cause to be discharged,
directly or indirectly, any storm water, surface water,
groundwater, roof runoff, subsurface drainage, waste from
individual sewage treatment systems, or unpolluted cooling or
processed water to any sanitary sewer except as permitted by
the City.
6. Storm water and all other unpolluted water shall be
discharged to a storm sewer, except that unpolluted cooling or
process water shall only be so discharged upon approval by the
City and the issuance of a discharge permit by the MPCA.
7. No person shall discharge or cause to be discharged,
directly or indirectly, any of the following described
substances to any public sewer:
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a. Any liquids, solids, or gases which by reason of
their nature or quantity are, or may be, sufficient either
alone or by interaction with other substances to cause
fire or explosion or be injurious in any other way to the
wastewater disposal system or to the operation of the
system. Prohibited materials include, but are not limited
to, gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and
sulfides.
b. Any water or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or
interfere with any sewage treatment process, to constitute
a hazard to humans or animals, to create a public
nuisance, or create any hazard in a wastewater treatment
works. A toxic pollutant shall include, but not be
limited to, any pollutant identified pursuant to Section
307 (a) of the Act.
c. Any water or wastes having a pH lower than 5.5 or
having any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel or
the wastewater treatment works.
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d. Solid or viscous substances, either whole or ground,
in quantities or of such size to be capable of causing
obstruction to the flow in sewers, or other interference
with the property operation of the wastewater treatment
works, including, but not limited to, ashes, cinders,
disposal diapers, glass grinding or polishing wastes,
stone cutting or polishing wastes, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics,
wood, underground garbage, whole blood, paunch manure,
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hair and flashings, entrails and sanitary napkins, paper
dishes, cups, milk containers and other paper products.
Solids shall have a maximum allowable diameter of three
(3) inches.
e. Noxious or malodorous liquids, gases or substances
which either singly or by interaction with other wastes
are sufficient to create a public hazard to life or are
sufficient to prevent entry into the sewers for their
maintenance and repair.
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8. No person shall discharge or cause to be discharge,
directly or indirectly, the following described substances to
any public sewer, unless in the opinion of the City, such
discharge will not harm the wastewater treatment works or cause
obstruction to the flow in sewers or otherwise endanger life,
limb or public property or constitute a nuisance. In forming
its opinion as to the acceptability of these wastes, the City
may give consideration to such factors as the quantities of the
subject wastes in relation to flows and velocities in the
sewers, nature of construction of the sewers, nature of the
sewage treatment process, capacity of the sewage treatment
plant, degree of treatability of wastes in the sewage treatment
plant, the City's NPDES Permit, and other pertinent factors.
The City may make such determination on a general basis or as
to the discharges from individual users or specific discharges,
and may prohibit certain discharges from individual users
because of unusual concentrations or combinations which may
occur. The substances prohibited are:
a. Any wastewater having a temperature higher than one
hundred fifty degrees Farenheit (150 F) (65 C), or causing
individually, or in combination with other wastewater, the
influent at the wastewater treatment plant to have a
temperature exceeding 104 Fahrenheit (104 F) (40 C), or
having heat in amounts which will inhibit biological
activity in the wastewater treatment works resulting in
interference therein.
b. Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of one hundred
(100) milligrams per liter or containing substances which
may solidify or become viscous at temperatures between
thirty-two (320) and one hundred fifty degrees (1500)
Fahrenheit (00 and 650 C, respectively), and any
wastewater containing oil and grease concentrations of
mineral origin of greater than 100 mg/l, whether
emulsified or not.
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c. Any garbage that has not been ground or otherwise
reduced to such a degree that all particles will be
carried freely in suspension under flow conditions
normally prevailing in public sewers, with no particles
greater than one-half (1/2) inch in any dimension.
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d. Any water or waste containing strong acid, iron,
pickling wastes, or concentrated plating solutions, which
is not neutralized and does not meet applicable
pretreatment standards. If National Categorical
Pretreatment Standards do not apply, the discharge
equality shall comply with 40 CFR Part 433 metal finishing
standards.
e. Any noxious water or wastes containing phenols or
other taste or odor-producing substances which constitute
a nuisance or hazard to the structures, equipment or
personnel of the waste treatment works, or which interfere
with treatment required to meet the requirements of the
State and Federal government and any other public agency
with proper authority to regulate discharge from the
sewage treatment plant.
f. Radioactive wastes or isotopes of such half-life or
concentration that they are in noncompliance with
regulation issued by the appropriate authority having
control over their use or which have caused or may have
caused damage or hazard to treatment works or personnel
operating it.
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g. Any water or waste outside the pH range of 5.0 - 10.5
(This range will allow adequate flexibility for industrial
users. A higher pH than 8.5 but less than 10.5 will not
cause treatment or sewer compatibility'problems and in
many cases will allow industrial users to better treat
wastewaters containing metals prior to discharge. Keep in
mind that potable water supplies often exceed a pH of 8.5)
h. Any non-contact cooling water or unpolluted storm,
drainage or groundwater.
i. Any waters or wastes containing the following
substances: arsenic, cadmium, copper, cyanide, lead,
mercury, nickel, silver, total chromium, zinc or phenolic
compounds to a degree that the materials received prevent
adequate treatment of the waste.
j. Materials which exert or cause:
i. Unusual concentrations of suspended solids (such
as, but not limited to, Fuller's earth, lime slurry
and lime residues) or of dissolved solids (such as,
but not limited to, sodium chloride and sodium
sulfate).
11. Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
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iii. Unusual BOD, BOD or chlorine requirements in
such quantities as to constitute a significant load
on the wastewater treatment works.
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iv. Unusual volume of flow or concentration of
wastes constituting a slug.
v. Water or wastes containing substances which are
not amendable to treatment or reduction by the sewage
treatment processes employees, or are amendable to
treatment only to such a degree that the sewage
treatment plant effluent cannot meet the requirements
of the NPDES Permit or requirements of other
governmental agencies having jurisdiction over
discharge from the sewage treatment plant.
9. If any water or wastes are discharged, or are proposed to
be discharged, directly or indirectly, to the public sewers,
which water or wastes do not meet the standards set forth in or
promulgated under this section of which, in the judgement of
the City, may have a deleterious effect upon the wastewater
treatment works, processes, equipment or receiving waters, or
which otherwise create a hazard to life or constitute a public
nuisance, the City may take any or all of the following steps:
a. Refuse to accept the discharges; or
b. Require control over the quantities and rates of
discharge; or
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c. Require pretreatment to an acceptable condition for
the discharge to the public sewers; pursuant to Section
307 (b) of the Act and all addendums thereof; or
d. Require payment to cover the adequate cost of
handling, treating and disposing of the wastes not covered
by existing taxes or sewer service charges.
If the City permits the pretreatment of equalization of waste
flows, the design and installation of the plant and equipment
shall be made at the owner's expense, and shall be subject to
the review and approval of the City pursuant to the
requirements of the MPCA.
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10. Grease, oil and sand interceptors or equalization tanks
shall be provided and installed by the owner when, in the
opinion of the City they are necessary for the proper handling
of liquid wastes containing floatable grease in excessive
amounts as specified in Section 4(b), any flammable wastes, as
specified in Section 3(a), sand, or other harmful ingredients;
except that such interceptors shall not be required for private
living quarters or dwelling units. All interceptors shall be
to the type to be readily and easily accessible for cleaning
and inspection. In the maintaining of these interceptors, the
owner(s) shall be responsible for the proper removal and
disposal of the captured materials by appropriate means, and
shall maintain a record of dates and means of disposal which
are subject to review by the City. Any removal and hauling of
the collected materials not performed by the owners personnel,
must be performed by a currently licensed waste disposal firm.
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11. Where preliminary treatment, flow-equalizing facilities or
interceptors are provided for any water or wastes, they shall
be effectively operated and maintained continuously in
satisfactory and effective condition by the owner at such
owner's expense, and shall be available for inspection by the
City at all reasonable times.
12. No user shall increase the use of process water or, in any
manner, attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with
the limitations contained in Section 7. and 8. of this Article,
or contained in the National Categorical Pretreatment Standards
or any state requirements.
13. When required by the City, the owner of any property
serviced by a building sewer carrying industrial waste shall
install a suitable control structure, together with such
necessary meter and other appurtenances in the building sewer
to facilitate observation sampling, and measurement of the
wastes. Such structure and equipment when required shall be
constructed at the owner's expense in accordance with plans
approved by the City and shall be maintained by the owner so as
to be safe and accessible to reasonable City inspection.
14. The owner of any property serviced by a building carrying
industrial wastes shall, at the discretion of the City, be
required to provide laboratory measurements, test and analysis
of waters and wastes to illustrate compliance with this
Ordinance and any special conditions for discharge established
by the City or regulatory agencies having jurisdiction over the
discharge. The number, type and frequency of sampling and
laboratory analysis to be performed by the owner shall be as
stipulated by the City. The industry must supply a complete
analysis of the constituents of the wastewater discharge to
assure that compliance with the Federal, State and local
standards are being met. The owner shall report the results of
measurements and laboratory analysis to the City at such times,
and in such manner as prescribed by the City. The owner shall
bear the expense of all measurements, analysis and reporting
required by the City. At such time deemed necessary, the City
reserves the right to take measurements and samples for
analysis by an independent laboratory.
15. The City may conduct such tests as are necessary to
enforce this ordinance, and employees of the City may enter
upon any property for the purpose of taking samples, obtaining
information, or conducting surveys or investigations relating
to such enforcement. Entry shall be made during operating
hours unless circumstances require otherwise. In all cases
where tests are conducted by the City for the purpose of
determining if a previously found violation of this ordinance
has been corrected, the cost of such tests shall be charged to
the user and added to the user's sewer charge. In those cases
where the City determines that the nature or volume of a
particular user's sewage requires more testing than normally
required, the City may charge the user for such additional test
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after giving the user ten (10) days written notice of its
intention to do so, and the cost thereof shall be added to the
user's charge.
16. All measurements, tests, and analysis of the
characteristics of waters and wastes to which reference is made
in this ordinance shall be determined in accordance with the
latest edition of "Standard Methods for the Examination of
Water and Wastewater", published by the American Public Health
Association. Sampling methods, location, times, duration and
frequencies are to be determined on an individual basis subject
to approval by the City.
17. Where required by the City, the owner of any property
serviced by a sanitary sewer shall provide protection from an
accidental discharge of prohibited materials or other
substances regulated by this ordinance. Where necessary,
facilities to prevent accidental discharges of prohibited
materials shall be provided and maintained at the owner's
expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the
City for review and approval prior to construction of the
facility. Review and approval of such plans and operating
procedures shall not relieve any user from the responsibility
to modify the user's facility as necessary to meet the
requirements of this ordinance. Users shall notify the City
immediately upon having a slug or accidental discharge of
substances of wastewater in violation of this ordinance to
enable countermeasures to be taken by the City to minimize
damage to the wastewater treatment works. Such notification
will not relieve any user of any liability for any expense,
loss or damage to the wastewater treatment system or treatment
process, or for any fines imposed on the City on account
thereof under any State and Federal law. Employers shall
insure that all employees who may cause or discover such a
discharge, are advised of the emergency notification procedure.
18. No person having charge of any building or other premises
which drains into the public sewer shall permit any substance
or matter which may form a deposit or obstruction to flow or
pass into the public sewer. Within fifteen (15) days after
receipt of written notice from the City, the owner shall
install a suitable and sufficient catch basin or waste trap, or
if one already exists, shall clean out, repair or alter the
same, and perform such other work as the City may deem
necessary. Upon the owner's refusal or neglect to install a
catch basin or waste trap or to clean out, repair or alter the
same after the period of fifteen (15) days, the City may cause
such work to be completed at the expense of the owner or
representative thereof.
19. Whenever any service connection becomes clogged,
obstructed, broken or out of order, or detrimental to the use
of the public sewer, or unfit for the purpose of drainage, the
owner shall repair or cause such work to be done as the City
may direct. Each day after fifteen (15) days that a person
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neglects or fails to so act shall constitute a separate
violation of this section, and the City may then cause the work
to be done, and recover from such owner or agent the expense
thereof by an action in the name of the City.
20. The owner or operator of any motor vehicle washing or
servicing facility shall provide and maintain in serviceable
condition at all times, a catch basin or waste trap in the
building drain system to prevent grease, oil, dirt or mineral
deposit from entering the public sewer system.
21. New connections to the public sanitary sewer system shall
be prohibited unless sufficient capacity is available in all
downstream facilities, including capacity for flow, BOD and
suspended solids.
22. In addition to any penalties that may be imposed for
violation of any provision of this chapter, the City may assess
against any person the cost of repairing or restoring sewers of
associated facilities damaged as a result of the discharge of
prohibited wastes by such person, and may collect such
assessment as an additional charge for the use of the public
sewer system or in any other manner deemed appropriate by the
City.
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23. Nothing in this ordinance shall be construed so as to
prevent any special agreement or arrangement between the City
and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the City for
treatment, subject to payment therefore by the industrial
concern, in accordance with applicable ordinances and any
supplemental agreement with the City, providing that National
Categorical Pretreatment Standards and/or State Disposal System
Permit limitations are not violated.
1300.04 - PRIVATE SEWAGE DISPOSAL
1. Where a public sanitary or combined sewer is not available
under the provisions of this ordinance, the building sewer
shall be connected to a private sewage disposal system which
complies with the provisions of the Minnesota Pollution Control
Agency Individual Sewage Treatment Standards, Chapter 7080 et.
seq. (hereinafter and heretofore referred to as "Chapter
7080"), as amended from time to time, which standards are
hereby adopted by reference and made a part hereof as fully as
though set forth herein in full, a copy of which is filed with
the City Administrator. In addition thereto, the following
appendix to Chapter 7080 is hereby adopted by reference and
made a part hereof as fully as though set forth in full, a copy
being on file with the City Administrator.
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a. Appendix A - Alternative Systems
Alternatively, in the sole discretion of the City and
based upon such relevant factors including, but not
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limited to, soil type, topography and proximity to water
bodies, a private sewage disposal system shall comply with
the following minimum requirements and standards.
i. 600 square feet of drainfield plus a 1,200
gallon tank; or
11. 200 lineal feet of trenching equivalent to 600
square feet at least two (2) trenches plus a 1,200
gallon tank.
2. Prior to commencement of construction of a private
wastewater disposal system, the owner(s) shall first obtain a
written permit signed by the zoning administrator of the City.
The application for such permit shall be made on a form
furnished by the City which the applicant shall supplement by
any plans, specifications, and other information as are deemed
necessary by the City.
3. Operation of a private wastewater disposal system shall
not be allowed until the installation is completed to the
satisfaction of the City or its authorized representative. The
City or its representative shall be allowed to inspect the work
at any stage of construction and, in any event, the applicant
for the permit shall notify the City when work is ready for
final inspection, and before any underground portions are
covered. The inspection shall be made within 48 hours of
receipt of notice, if reasonably practicable.
4. At such time as a public sewer becomes available to a
property serviced by a private wastewater disposal system, a
direct connection shall be made to the public sewer within one
hundred twenty (120) days in compliance with the Ordinance, and
within seven (7) days any septic tanks, cesspools and similar
private wastewater disposal system shall be cleaned of sludge.
The bottom shall be broken to permit drainage, and the tank or
pit filled with suitable materials.
5. The owner(s) shall operate and maintain the private
wastewater disposal facilities in a sanitary manner at all
times at no expense to the City.
6. No statement contained in this article shall be construed
to interfere with any additional requirements that may be
imposed by the MPCA or the Department of Health of the State of
Minnesota.
1300.06 - BUILDING SEWERS AND CONNECTIONS
1. No unauthorized person shall uncover, make any connections
with, or opening into, use, alter, or disturb any public sewer
or appurtenance thereof without first obtaining a written
permit from the City.
.
2. Applications for permits shall be made by the owner or
their authorized agent and the party employed to do the work,
and shall state the location, name of owner, street number of
the building to be connected, and how occupied. No person
shall extend any private building drain beyond the limits of
the building or property for which the service connection
permit has been given.
3. There shall be two (2) classes of building sewer permits:
a. For residential and for commercial service; and,
b. For service to establishments producing industrial
wastes. In either case, the application shall be
supplemented by any plans, specifications, or other
information considered pertinent in the judgement of the
City. The industry, as a condition of permit
authorization, must provide information describing its
wastewater constituents, characteristics, and type of
activity.
.
4. All costs and expenses incident to the installation and
connection of the building sewer shall be borne wholly by the
property owner. The owner shall indemnify and hold harmless
the City from any loss or damage to the public sewer that may
directly or indirectly be occasioned by the installation of the
building sewer. After the initial connection to the main
service stub, the property owner shall thereafter be liable for
all maintenance and repairs to his sanitary sewer service line
between the street main and the building being served.
5. A separate and independent building sewer shall be
provided for every building, except where two (2) or more
buildings are situated on one (1) parcel such that the parcel
may not be subdivided, a single private sewer may be extended
to the rear building or buildings and the whole considered as
one (1) joint use private sewer. Special variances will be
considered by the City Council.
6. Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by
a duly authorized City inspector, to meet all requirements of
this ordinance
7. Unused septic tanks, cesspools, leaching pits and similar
devices and structures shall be backfilled or made safe and
unusable in a manner acceptable to the City.
.
8. The size, slope, alignment, materials of construction of a
building sewer, and the method to be used in excavating,
placing of pipe, jointing, tending and backfilling the trench
shall conform to the requirements of this Code and all other
applicable rules and regulations. In the absence of Code
provisions or in amplification thereof, materials and
procedures set forth in appropriate specifications of Water
Pollution Control Federation (WPCF) Manual of Practice No.9,
.
.
.
and applicable American Society for Testing Materials (ASTM)
Standards shall apply.
9. Whenever possible, the building sewer shall be brought to
the building at an elevation below the basement floor. In all
buildings in which any building drain is too low to permit
gravity flow to the public sewer, such building drain shall be
provided with an approved lifting device for discharge to the
building sewer.
10. No person shall make connections of roof downspouts,
exterior foundation drains, areaway drains or other source of
surface runoff or groundwater to a building sewer or building
drain which in turn is connected directly or indirectly to a
public sanitary sewer.
11. The construction of the building sewer and its connection
to the public sewer shall conform to the requirements of this
Code, the sewer specifications included herein, all other
applicable rules and regulations, and the procedures set forth
in appropriate specifications of the Water Pollution Control
Federation (WPCF) Manual of Practice No. 9 and the American
Society of Testing and Materials (ASTM). All such construction
shall be made gastight and watertight. Any deviation from the
prescribed procedures and materials must be approved by the
City prior to installation.
12. All excavations for building sewer installations shall be
adequately guarded with barricades and lights so as to protect
the public from hazards. Streets, sidewalks, parkways and
other public property disturbed in the course of the work shall
be restored in a manner satisfactory to the City.
13. The applicant for the building sewer permit shall notify
the City when the building sewer is ready for inspection and
connection to the public sewer. The connection and inspection
shall be made under the supervision of the City or authorized
representative thereof.
14. Any person desiring to make a service connection to the
public sewer shall comply with the conditions set forth by the
City.
15. No person shall make a service connection to the public
sewer until a bond to the City is filed with the PWD
conditioned that the person will indemnify and hold harmless
the City from all suits, accidents, and damage that may arise
by reason of any opening in any street, alley or public ground,
made by the person or by those in the person's employment for
any purpose whatsoever, and that the person will replace and
restore the street and alley over such opening to the condition
existing prior to installation, adequately guard with
barricades and lights and will keep and maintain the same to
the satisfaction of the City or its authorized representative,
and shall conform in all respects to the rules and regulations
.
.
.
of the City relative thereto, and pay all fines that may be
imposed on the person by law.
16. The Council may suspend or revoke any permit issued under
this article and may take such other action as it may deem
reasonable in order to facilitate compliance for any of the
following causes:
a. Giving false information in connection with the
application for a permit.
b. Incompetence of the permit holder.
c. Willful violation of any provisions of this article
or any rule or regulation pertaining to the mixing of
service connections.
1300.08 -MAIN AND LATERAL SEWER CONSTRUCTION
1. No main or lateral sewer shall be constructed in the City
except by City employees or by other authorized personnel in
accordance with plans and specifications approved by a
professional engineer. Main and lateral sewers must be
accepted by the City prior to inclusion in the public sewer
system.
2. The size, slope, alignment, material of construction,
methods to be used in excavation, placement of pipe, jointing,
testing, filling, and other work related to the construction of
main and lateral sewers shall conform to the requirements of
the City.
1300.10 - TAMPERING PROHIBITED
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the public sewer
system.
1300.12 - ACCESS TO PREMISES
1. Duly authorized employees of the City bearing proper
credentials and identification shall, at reasonable times, be
permitted to enter upon all properties for the purpose of
inspection, observation, measurement, sampling and testing in
accordance with the provisions of this ordinance. Such
employees shall not have authority to inquire into any
industrial processes, including but not limited to,
metallurgical, chemical, oil, refining, ceramic, or paper
operations, except as is necessary to determine the type and
source of the discharge to the public sewer. While performing
such necessary work on said properties, said City employees
shall observe all safety rules applicable to the premises.
.
.
.
2. Duly authorized employees of the City bearing proper
credentials and identification shall, at reasonable times, be
permitted to enter upon all properties through which the City
holds an easement for the purpose of, but not limited to,
inspection, observation and construction of public sewers.
3. The duly authorized representative or other duly
authorized employees of the City bearing proper credentials and
identification, shall be permitted to enter all properties for
the purpose of inspection, observations, measurement, sampling
and testing pertinent to the discharges to the City's sewer
system in accordance with the provisions of this ordinance.
4. The duly authorized representative or other duly
authorized employees are authorized to obtain information
concerning industrial process which have a direct bearing on
the type and source of discharge to the wastewater collections
system. An industry may withhold information considered
confidential however, the industry must establish that the
revelation to the public of the information in question, might
result in an advantage to competitors.
5. While performing necessary work on private properties, the
duly authorized representative or duly authorized employees of
the City shall observe all safety rules applicable to the
premises established by the company, and the company shall be
held harmless for injury or death to the City employees and the
City shall indemnify the company against loss or damage to its
property by City employees and against liability claims and
demands for personal injury or property damage asserted against
the company and growing out of the gauging and sampling
operation, except as such may be caused by negligence or
failure of the company to maintain safe conditions as required
in Article VI, Section 9 of this ordinance.
6. The duly authorized representative or other duly
authorized employees of the City bearing proper credentials and
identification shall be permitted to enter all private
properties through which the City holds an easement for the
purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of any portion of
the wastewater facilities lying within said easement. All
entry and subsequent work, if any, on said easement, shall be
done in full accordance with the terms of the easement
pertaining to the private property involved. In addition to
other penalties for refusal to permit inspections under this
section, all subsequent sewer bills shall be charged triple the
regular rate until inspection is freely permitted by the
refusing service recipient.
1300.14 - PENALTIES
1. Any person violating any provision of this ordinance or
any rule or regulation adopted in pursuance thereof, or any
other provision of any code adopted in the ordinance by
.
.
.
reference, shall, upon conviction be subject to a fine or not
more than $700 or imprisonment for a term not to exceed 90 days
or both, plus, in either case, the costs of prosecution.
2. Separate Violations: Unless otherwise provided, each act
of violation and every day which a violation occurs or
continues constitutes a separate offense.
3. Application to City Personnel: The failure of any officer
or employee of the City to perform any official duty imposed by
this ordinance shall not subject the officer or employee to the
penalty imposed for violation unless a penalty is specifically
provided for such failure.
4. In addition to other penalties imposed for violation of
this Ordinance, any person violating any of the provisions of
this Ordinance shall become liable to the City for any expense,
loss or damage occasioned by the City by reason of such
violations.
SECTION 1302 - SANITARY SEWER USER RATES AND CHARGES
SECTION 1302.00 - DEFINITIONS
Unless the context clearly indicates otherwise, the words,
combination of words, terms and phrases used in this Section
shall have the meanings hereinafter designated.
Further, terms defined in Section 1300 are hereby incorporated
by reference.
CAPITAL COSTS: All reasonable and necessary costs and
expenses incurred by the City in planning, designing,
financing, and constructing disposal system facilities,
including, but not limited to, costs and expenses for obtaining
necessary permits, licenses, approvals and grants for design
and construction costs, fees for legal and consulting services,
or the acquisition of such facilities.
COMMERCIAL USER: All users of the system classified as
industrial users in the "Standard Industrial Classification
Manual, 1972," United State Office of Management and Budget, as
amended and supplemented under Divisions A, B, C, E and I, but
who are excluded from that definition for the purposes of this
ordinance because they discharge primarily segregated domestic
wastes, or wastes from sanitary conveniences. The
classification shall not include such exempted users who are
otherwise classified in this ordinance as domestic users,
governmental users, or institutional users.
CONTRACT USER: All users who have written contracts with the
City to use the City sewer system or City wastewater treatment
plant.
.
.
.
DEBT SERVICE: The principal and interest necessary to pay
bonded indebtedness of wastewater treatment facilities owned or
operated by the City. Debt service is distinct from annual
operation, maintenance and replacement costs.
DEBT SERVICE CHARGE: The charge related to the principal and
interest necessary to pay bonded indebtedness of wastewater
treatment facilities owned or operated by the City. The debt
service charge shall include a "debt service connection charge:
and a "debt service user charge."
DOMESTIC USER: Those establishments and related occupations,
if any, which are generally considered domestic services and
whose discharge consists solely of sanitary wastes. This
category indicates single family homes, townhouses, duplex
unit, condominiums, apartment units and mobile homes.
EQUIVALENT RESIDENTIAL UNIT: A unit of wastewater volume of
260 gallons per day at an approximate strength of 200 mg/l of
BODS and 250 mg/l of total suspended solids.
FLOW: The quantity of sewage expressed in gallons or cubic
feet per twenty-four (24) hours.
GENERAL MUNICIPAL FLOW: The total sewage flow discharged to
the wastewater treatment facilities, including sanitary waste
and infiltration, minus the flows from industrial users, other
municipalities and contract users.
General municipal flow, based on the design of the wastewater
treatment facilities, is further defined as flow containing
five-day BOD concentrations not greater than two hundred (200)
milligrams per liter and suspended solid concentrations not
greater than two hundred fifty (250) milligrams per liter.
GENERAL MUNICIPAL USER: Any user discharging sewage into the
general municipal flow other than industrial users,
municipalities and other contract users. "General municipal
user" includes domestic users, commercial users, institutional
users, institutional users and governmental user which are not
contract users.
GOVERNMENTAL USER: Includes those establishments whose
function is the administration and/or execution of governmental
programs as well as the offices of executives, legislative
bodes and agencies which provide general support services for
government.
INDUSTRIAL USER: Any nongovernmental user of the wastewater
treatment facilities identified in the "Federal Standard
Industrial Classifications Manual, 1972," Office of Manangement
and Budget, as amended and supplemented under the following
divisions:
1.
Agriculture, Forestry and Fishing.
.
.
.
2. Mining.
3 .
Manufacturing.
4. Transportation, Communication, Electric, Gas and Sanitary
Services.
5. Services.
A user in a division listed above may be excluded from the
category of industrial user and treated as a commercial user if
the City determines it will primarily introduce domestic wastes
or wastes from sanitary conveniences.
The BOD and suspended solid loads from industrial users shall
be based on the actual concentrations of those constituents,
except that for industrial users with sewage containing BOD and
suspended solid concentrations less than the concentrations as
defined for general municipal flow, the charges shall be based
on concentrations as defined for general municipal flow.
INSTITUTIONAL USER: Those establishments engaged in
activities of a noneconomic nature, frequently being the
performance of services classified as a governmental or
commercial user in this ordinance.
LOAD: Quantities of sewage characteristics such as BOD, TSS
and other constituents as expressed in mil11grams per liter
(mg/l) or pounds per twenty-four (24) hours (lbs/24 hours).
OPERATION AND MAINTENANCE COSTS (0 & M COSTS): All labor,
equipment, materials and power required to operate and maintain
the sewer utility sufficient for continuous, reliable service
to the City's users throughout the design or useful life,
whichever is longer, of the facilities. Maintenance includes
cleaning, lubricating, repairing and overhauling of wastewater
equipment. Operation includes daily and other periodic
control, inspection and adjustments to wastewater equipment,
and sampling and analysis of wastewater.
REPLACEMENT COSTS: Costs related to expenditures for
obtaining and installing equipment, accessories, or
appurtenances which are necessary to maintain the capacity and
performance during the service life of the City wastewater
treatment facilities for which such facilities were designed
and constructed. The term "operation and maintenance" includes
replacement.
SEWER SERVICE CHARGE: The aggregate of all the charges
including the user charges, debt service charges, and other
sewer-related charges that are billed periodically to users of
City wastewater treatment facilities.
SIGNIFICANT INDUSTRIAL USER: Any industrial user which
discharges sewage which constitutes greater than ten percent
.
.
.
(10%) of the design flow or design pollutant loading of the
wastewater treatment plant.
TSS (Denoting "Total Suspended Solids"): Solids that either
float on the surface of, or are in suspension in, water,
sewage, or other liquid and which are removable by laboratory
filtering in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater."
USER CHARGE: The charge levied on users of City wastewater
disposal system facilities for the cost of operation and
maintenance of such facilities.
1302.02 - GENERAL
It is the purpose of this ordinance to recover from users of
City wastewater disposal system facilities, on an equitable
basis, the share of the City facilities' costs attributable to
such users, and to provide funds for the operation and
maintenance, debt service, replacement and improvements of the
City.
1. The user charges provided for in this section are hereby
levied and assessed upon each lodge, parcel of land, building
or premises having any connection with, or discharging either
directly or indirectly into, the City sewer system.
2. The Council shall annually determine and fix the unit
costs for use of the City wastewater treatment facilities on
the basis of flow, BOD, TSS and any other pollutants, taking
into consideration the cost of treatment of such sewage, and
may increase or decrease such unit cost as often and in such
amounts as may reasonable be required to accomplish the
purposed of this section.
3. The City shall compute the amount due the City for sewer
user charges and render a statement thereof, at periodic
intervals, as directed by the Council, to the owner or occupant
of any premises using City wastewater disposal system
facilities. All amounts due hereunder shall be payable at the
office of the City Administrator or other designated location.
4. The City Administrator shall, in August of each year,
provide to the Council an internal audit report that will
address specific areas of concern including, but not limited
to, the need to generate sufficient revenue through user
charges to cover total operating and maintenance costs; the
necessity of maintaining a proportionate system of user charges
pursuant to the federal grant conditions, 40 CFR State Statute
Section 35,935~(13) (b); and the need to review the replacement
account to determine its proper level of funding.
1302.04 - CATEGORIES OF USERS
.
.
.
Users of the City of Elk River sewer utLlity shall be
considered to belong to one of five categories:
1.
2.
3.
4.
5.
Domestic User
Commercial User
Institutional User
Governmental User
Industrial User
The allocation of users to categories for the purposes of
Assessment of Sewer Use and Debt Service Charges shall be the
responsibility of the City Administrator. Allocation of Users
to categories shall be based in part upon the substantive
intent of the definitions of these categories contained herein.
1302.06 - BILLABLE FLOW RATE DETERMINATION
1. Each user shall pay Operation, Maintenance and Replacement
costs in proportion to the user's proportionate contribution of
wastewater flows and loadings to the treatment plant, with the
minimum rate for loadings of BOD and TSS being the rate
established for concentration of 200 mg/l BOD and 250 mg/l TSS
(i.e. Normal Domestic Strength Wastewater).
Those "Industrial Users" discharging segregated "Normal
Domestic Strength Wastewater" only, can be classified as
"Commercial Users" for the purpose of rate determination.
2. User Charges for Normal Domestic Strength Users
a. Calculating Billable Flows and Loadings
The charges assessed domestic users and those of other
classes connected to the City's water utility and
discharging "Normal Domestic Strength Wa~tewater" shall be
established proportionately according to billable
wastewater volume. Billable wastewater volume shall be
calculated as follows:
i. Measurement of Wastewater Volume for Domestic
Users:
(1) Measurement of Wastewater Volume for
Domestic Users Connected to the City's Water
Utility:
Except as provided for herein, billable
wastewater volume for residential users shall be
calculated on the basis of metered water usage.
The per quarter billable wastewater volume shall
be equal to quarterly metered water usage during
the first quarter of the calendar year.
.
(2) Measurement of Wastewater Volume for
Domestic Users Not Connected to the City's Water
Utility:
The charges assessed residential users and those
users of other classes discharging "Normal
Domestic Strength Wastewater" who are not
connected to the City's water utility shall be
established as a flat rate per month based on
the average water use of metered residential
users in the community.
The City reserves the right to require residential
users to install water meters for the purpose of
determining billable wastewater volume.
~~. Measurement of Wastewater Volume for
Non-Domestic Users:
The charges assessed non-domestic users discharging
"Normal Domestic Strength Wastewater" shall be
established proportionately according to billable
wastewater volume. Billable wastewater volume shall
be calculated as follows:
.
The billable wastewater volume of non-domestic users
may be determined in the same manner as for
residential users connected to the City's water
utility, except that if the City determines that
there are significant seasonal variations in the
metered water usage of non-residential users
resulting in a proportionate increase (or decrease)
in wastewater volume; then billable wastewater volume
shall be: 1) calculated on the basis of quarterly
metered water usage recorded throughout the year, or
2) calculated on the basis of waste~ater flow meters.
The City may, at its discretion, require non-domestic
users to install a water meter, or such additional
water meters or wastewater flow meters as may be
necessary to determine billable wastewater volume.
iii. Determination of Loadings for Normal Domestic
Strength Users:
The billable amounts of BOD and TSS will be
calculated from the volume of metered water usage, as
determined above; where the billable quantities will
be those attributable to wastewater at a
concentration of 200 mg/l BOD and 250 mg/l TSS (i.e.
"Normal Domestic Strength Wastewater).
.
iv. Determination of Loadings for Non-Domestic
Strength Users:
.
The City may, at its discretion, require non-domestic
users to install a sewage monitoring facility.
Each industrial user required by the City to install
and maintain sewage monitoring facilities shall
submit to the City a monthly report of daily flow and
BOD on a form approved by the City. This report
shall be used for billing purposes and shall be
submitted prior to the fifteenth (15) day of the
subsequent month.
The City shall have the right to periodically or
continuously inspect the monitoring facilities to
measure, sample and analyze the industrial user's
flow and to analyze the samples obtained by such
user. In the event of any discrepancy between the
flows or loads determined by the City and those
determined by the industrial user, the values
determined by the City shall be used for billing
purposes.
b. Determination of User Charges for Normal Domestic
Strength Users:
.
User Charges for Normal Domestic Users except senior
citizens and unmetered water users shall be calculated as
a base charge for the first 7,000 gallons per quarter plus
a unit charge for each 1,000 gallons in excess of the base
usage. Senior citizens shall be charged for the actual
metered usage at the unit cost per 1,000 gallons.
Unmetered users shall be charged a flat fee calculated
from the average domestic usage throughout the community.
The user charges for the three classifications of Domestic
users shall be as follows:
i. Metered Water Users:
Base charge plus unit cost per 1,000 gallons for
usage in excess of 7,000 gallons per quarter.
ii. Unmetered Water Users:
Base charge plus 9 times the unit cost per 1,000
gallons. This reflects the typical quarterly usage
of 16,000 gallons per Domestic connection in the City.
iii. Senior Citizens:
Actual metered water usage (rounded to 1,000 gallons)
times the unit cost per 1,000 gallons.
c.
Determination of User Charges for Non-Domestic Users:
.
i. Sewer service charges for users who discharge
wastewater with concentrations greater than Normal
.
Domestic Strength or wastes of <unusual character
shall be calculated in proportion to the wastewater
flow and loading at the treatment plant. No user
shall be charged at a rate less than that of "Normal
Domestic Strength Wastewater".
11. The measurements of such wastes are conducted
according to the latest edition of Standard Methods
for the examination of Water and Wastewater, in a
manner acceptable to the City as provided for in
Section 1300 - Sanitary Sewer; Connections, Use and
General Regulation.
iii. A study of unit costs of collection and
treatment processes attributable to flow, BOD, TSS
and other significant loading shall be developed for
determining the proportionate allocation of costs to
flows and loadings for user discharging wastes of
greater than normal domestic strength or wastes of
unusual character.
iv. In addition to the charges provided for herein,
the City may impose a surcharge on any industrial
user based on some other pollutant loading factor
which requires special treatment at the wastewater
treatment plant.
. 1302.08 - ANNUAL REVIEW OF USER CHARGE SYSTEM
1. Annual Review- The user charges to be assessed sewer
utility users, the total costs for operation, maintenance and
replacement, and the wastewater flow and waste contribution by
users and user classes shall be reviewed annually by the City.
The City Administrator shall submit annually to the Council of
the City of Elk River a report which shall inc~ude at least the
following:
a. Total costs for operation, maintenance and
replacement for the previous year and estimated for the
next year, divided into the aforesaid categories and
further distributed among the functions for these
categories: treatment, conveyance, collection and
administration.
b. Total revenue collected by user and user class for
the proceeding year.
c. Estimated or measured flow discharged by each user
and user class for the preceding and succeeding years,
including infiltration and inflow.
.
d. Estimated or measured waste discharged by each user
and user class for the preceding and succeeding years.
.
.
.
e. Method for proportionately distributing the
succeeding year's estimated operation, maintenance and
replacement costs to each user and user class, which shall
comprise the proposed user charge system.
2. The proposed user charge system shall be submitted to the
Council for review and approval. Upon acceptance of the sewer
utility budget by the Council, the User Charge rates shall be
established by Council Resolution. The User Charge rates shall
be established to meet these general requirements:
a. Maintain the proportionate distribution of operation
and maintenance and replacement costs among users and user
classes.
b. General sufficient revenue to pay the total
operation, maintenance and replacement costs necessary for
proper operation, maintenance and replacement of the sewer
utility.
c. Apply excess revenues collected from a class of users
to the costs of operation, maintenance and replacement
attributable to that class for the next year and adjust
the user charges accordingly.
d. Calculate the user charge based on the flow and waste
load estimated to be discharged to the sewer utility in
the succeeding year, including infiltration and inflow.
3. Notification to Users - At least annually, following the
approval of the User Charges by the Council, each user shall be
notified of the rate and that portion of the user charge which
is attributable to operation, maintenance and replacement costs
of sewer utility services. Said notification shall be made in
conjunction with a regular bill.
1302.10 - SERVICE AVAILABILITY CHARGES (SAC)
The debt service for the wastewater treatment facilities shall
be recovered from new connections by a service availability
charge (SAC) assessed against new building units.
The service availability charge shall be paid at the time at
which a building permit or a sewer connection permit is issued
for all buildings to be constructed or connected to the sewer
system on or after the effective date of this ordinance. No
charge shall be due upon the issuance of a connection permit if
a charge was paid upon issuance of a building permit. The debt
service connection charge for each building or structure shall
be equal to the number of SAC units times the service
availability charge in effect at the time of the application.
The SAC units for the various Residential Dwellings shall be
calculated as follows:
.
.
.
Single-family houses, townhouses & duplex units
Condominium and apartment units
1.0 unit
0.8 unit
Public housing units subsidized under any federal
program for low and moderate income housing
0.8 unit
The SAC units for various Commercial, Public and Institutional
facilities shall be calculated according to the following table.
FACILITY
SERVICE AVAILABILITY CHARGE (SAC) UNITS
PARAMETER
ANIMAL CLINIC (humane societies, animal
research, boarding, etc.)
Animal Holding Areas
Animal Runs
ARCHERY (6 feet/lane)
ARENAS (bleachers 18 inches/person)
AUDITORIUMS (7 s.f./person)
AUTOMOBILE SERVICE
Fast Service (less than 4 hrs/car)
Major Service (more than 4 hrs/car)
Car Dealership (charge for office,
retail, etc. at
established rates)
Fast Service
(# service bays x 30%)
Major Service
(# service bays @ 70%
x 1 employee/service bay)
BALLROOM (exclude dance floor)
Facility without liquor service
Facility with liquor service
BANK (exclude cash vault)
BANQUET ROOM (15 s.f./person)
Food Catered
Food Catered w/Dishwashing
Food Catered w/Liquor
Food Preparation & Dishwashing
Food Catered w/Dishwashing & Liquor
Food Preparation, Dishwashing w/Liquor
BARBER
BATTING CAGES ( 6 ft./lane)
17 f.u.*
34 f.u.*
6 lanes
110 seats
110 seats
2 bays
14 employees
2 bays
14 employees
825 s.f.
590 s.f.
2400 s.f.
2060
1180
1028
825
750
590
s. f.
s. f.
s. f.
s.f.
s. f.
s. f.
4 chairs
6 lanes
SAC
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
.
.
.
BEAUTY SALON
4 stations
BINGO HALL (used only for bingo)
BOARDING HOUSE (dorm rooms)
110 seats
5 beds
BODY SHOP (major service-more than 4 hrs
per car, no vehicle washing)
14 employees
BOWLING ALLEYS (does not include bar
or dining area)
3 alleys
CAMPS ({# gal. x occupant or site}/274)
Childrens camps 274 gal
(central toilet and bath; overnight,
primitive cabins)
(# of occupants x 50 gal/occupant/274 gal
Day Camps (no meals) 274 gal
(# of occupants x 10 gal/occupant)/274 gal
Labor/Construction Camps 274 gal
(# of occupants x 50 gal/occupant)/274 gal
Resorts (housekeeping cabins) 274 gal
(# of occupants x 60 gal/occupant)/274 gal
Travel Trailer Parks
with water & sewer hook-up 274 gal
(# sites x 100 gal/site)/274 gal
with central toilet & showers
(# sites x 75 gal/site)/274 gal
274 gal
sanitary dump (sites w/o hook-up) 274 gal
(# sites x 10 gal/site)/274 gal
CAR WASH (Self Service)
1 stall
CAR WASH (Service Station - Automatic
Rollover - Brushes)
1 stall
CAR WASH (Requires specification on 274 gal
equipment flow rate and cycle
time; tunnel-car pulled through)
CONTACT MWCC FOR DETERMINATION
CHURCHES (for sanctuary, nave, chancel) 275 seats
(7 s.f./person-seating area)
(remainder use other criteria)
(sacristy, ambulatory - no charge)
COCKTAIL LOUNGE (no food service)
23 seats
CORRECTION FACILITY (prison)
2.5 inmates
1
1
1
1
1
1
1
1
1
1
1
1
3
6
1
1
1
1
.
.
.
COURT ROOMS
1650 s.f.
1
DORM ROOMS
On/Off Campus Students
(charge for additional classrooms)
5 students
1
DAYCARE (number of children licensed for) 14 children 1
DRY CLEANERS (retail) 3000 s.f. 1
ELDERLY HOUSING (100% of current SAC Rate) 3 people 1
(# of one bdrm units x 1.5 people/unit)
+(# of two bdrm units x 2.0 people/unit)
(total # of people/3 people)
EXERCISE AREA/GYM (Juice bars - no charge) 700 s.f.
(sauna, whirlpool incl.)
1
No showers
2060 s.f.
1
FIRE STATION (charge for office, meeting
rooms, etc. at established rates)
Washing (hose tower, truck)
274 gal
274 gal
1
Full time (overnight people)
(75 gal/person)/274 gal
1
Volunteer (occasional overnight)
14 people
1
FUNERAL HOME
(charge viewing areas only-chapel,
viewing areas, etc.)
Apartment (1 apartment)
1
GAME ROOM (billiards, video & pinball games)
With Bar 590 s.f.
Without Bar 2060 s.f.
1
1
GOLF COURSE (if showers, use locker room criteria)
18 hole (280 golfers/day
x 2.5 gal/go1fer)/274 gal 274 gal
Par 3 (168 golfers/day
x 2.5 gal/golfer)/274 gal
1
274 gal
1
Country Club (private)
Dining Room (eves & weekends)
Bar & Grill (bar & grill separate)
Bar
Grill
Bar & Grill (bar & grill
({168 or 280} golfers
x 9 gal/person)/274 gal
15 seats
1
23 seats
15 seats
combined) 274 gal
1
1
1
.
.
.
GREENHOUSE
Area not open to public
Area open to public
General retail sale
GROUP HOME
Secondary Treatment
(residents leaving during the day)
Primary Treatment
(residents stay all day)
GUEST ROOMS (apartment or condominium)
(charge SAC as apartment)
Washer/Dryer
No Washer/Dryer
No Kitchen
HANDBALL AND RACQUETBALL COURTS
HOSPITALS (licensed beds or baby cribs)
(does not include out-patient clinic)
Out-patient clinic (plumbing fixture
units)
Sterilizers (4 hrs x gpm x
60 mins/274 gal)
X-Ray Film Processors
(continuous operation 9 hrs)
(intermittent operation 4 hrs)
(operation time (hrs) x gpm
x 60 min/274 gal)
Vacuum Device (Dental Office)
(9hrs x gpm x 60 mins/274 gal)
15000 s. f.
5000 s.f.
3000 s. f.
1
1
1
5 beds
1
3 beds
1
100% (of
80% current
50% SAC Rate)
1 court 2
1 bed 1
17 f.u.*
1
~ 274 gal
274 gal
1
1
274 gal
1
LAUNDROMAT (requires water volume for
cycle time, 8 cycles/day) 274 gal 1
LIBRARY (subtract out book storage areas,
file areas-charge common plumbing
fixture units) 17 f. u . * 1
(meeting rooms, board rooms,
reception, book checkout,
offices)
LOADING DOCK
LOCKER ROOMS
(if showers-20 gal/person)
MEETING ROOMS (conference rooms)
MINI-STORAGE
(storage area-no charge)
2400 s.f.
1
7000 s.f.
1
14 lockers
1
1650 s. f.
1
.
.
.
Living Area
Public Restroom (plumbing fixtures)
MOBILE HOME
MOTELS AND HOTELS (assume 2 persons/room)
(pools, saunas, jacuzzis, game rooms,
or exercise rooms exclusively used by
guests-no charge)
Breakfast only (complimentary)
Cocktail Hour (complimentary)
Kitchenettes (# of kitchenettes x
10 gal/day/274 gal)
MUSEUM
NURSING HOME
OFFICE
General Office (deduct mechanical
rooms, elevator shafts, stairwells
restroom and storage areas)
Dental, Doctors
POLICE STATION (charge as office)
Cells
Overnight (jail)
No Overnight People
(holding area)
RECORDING/FILMING STUDIOS
RESTAURANT (drive-in)
RESTAURANT (fast food)
(disposable paper plates,
glasses and silverware)
RESTAURANT (full service)
washable silverware, glasses & dishes)
1
17 Lu.*
1
1
1
45 seats 1
55 seats 1
274 gal 1
2400 s.f. 1
3 beds 1
2400 s.f. 1
~See Hospital
3 people
1
14 people
1
7000 s. L
1
9 parking spaces 1
22 seats
1
8 seats
1
RETAIL STORES 3000 s.f.
(deduct mechanical rooms, elevator shafts,
stairwells, restrooms and unfinished
storage areas)
RIFLE RANGES (handgun ranges - 6 ft/lane)
ROLLER RINK (skating area)
ROOMING HOUSES (no food service)
1
6 lanes
1
825 s. L
1
7 beds
1
RV DUMPING STATION (not in association with
campgrounds)
.
SCHOOLS (Sunday) (30 s.f./student)
SCHOOLS (elementary) (15 gal/student)
(30 s.f./student)
SCHOOLS (college, TVI) (30 s.f./student)
Lecture Halls (15 s.f./student)
Labs (50 s.f./student)
Dorm Rooms (on/off campus students)
SCHOOLS (nursery)
(number of children licensed for)
Church (nursery-during worship
service only) (30 s.f./child)
Nursery (health clubs, bowling
alleys, etc.)
.
SCHOOLS (secondary)
(30 s.f./student) (20 gal/student)
Labs (50 s.f./student)
SERVICE STATION (with convenience center)
Gas Pumping
Convenience Center
SERVICE STATION (with service center)
(2 service bays)
55 students
18 students
18 students
18 students
18 students
5 students
14 students
55 children
2400 s.f.
14 students
14 students
3000 s. f.
SERVICE STATION (with service center & car wash)
SWIMMING POOLS (public) (pool area)
(private residential, townhouse,
condominiums, hotels, motels or
apartments-no charge)
900 s.f.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
8
1
TANNING ROOMS 3000 s. f. 1
TENNIS COURTS (public, shower
facilities available) 1 court 2
THEATER 64 seats 1
THEATER (drive-in) (parking spaces) 55 spaces 1
. VEHICLE GARAGE
Employees stationed in garage 14 employees 1
.
.
.
Vehicle Drivers (per day)
28 drivers
I
Vehicle Washing (# of vehicles/day
x gpm x minutes/vehicle)/274 gal
274 gal
7000 s.f.
I
WAREHOUSES (assembly areas)
Office/Warehouse (speculative)
(must be re-reviewed on finishing
Minimum 30% Office
Maximum 70% Warehouse
1
permits)
2400 s.L
7000 s.f.
1
1
WHIRLPOOL (doctors office/clinic, therapy) 274 gal
(# gal/fill x 8 fills/day)/274 gal
1
YARD STORAGE BUILDINGS (ex:lumber storage) 15000 s.f.
(customer pickup, no permanent
employees)
1
*PLUMBING WASTE FIXTURE UNITS
Type of Fixture
Fixture Unit Value (f.u.)
Drinking Fountain
Floor Drain 2" waste
3"
4"
(only if
hose bib
included)
1
2
3
4
Shower Stall, Domestic
Shower (gang) per head
Sinks (lab in exam room, bathroom)
(kitchen and others)
(surgeon)
(janitor)
Urinals (single-wall hung)
(trough-per 6 foot section)
Water Closet
2
1
2
2
3
4
3
2
6
*(If not included in list, use plumbing code.)
1300.12 - WASTEWATER SERVICE CHARGES
1. Rates: The wastewater service charges and service
availability charges for the use of and for service supplied by
the wastewater facilities of the City shall be established by
ordinance and audited annually.
2. Bills: Said rates or charges for service shall be payable
monthly.
The owner of the premises, the occupant thereof and the user of
the service shall be jointly liable to pay for the service to
such premises and the service is furnished to the premises by
the City only upon the condition that the owner of the
.
.
.
premises, occupant, and user of the service are jointly liable
therefore to the City.
Bills for sewer service shall be sent out by the City on the
last day of each quarter for which the service is billed.
All sewer bills are due and payable 30 days after being sent
out. A penalty of ten percent (10%) shall be added to all
bills not paid by the 30th day after they have been rendered.
3. Delinquent Bills: If the charges for such services are not
paid within 60 days after the rendition of the bill for such
services, such services may be discontinued without further
notice and shall not be reinstated until all claims are settled.
1302.14 - CHARGES AS LIEN
Each charge levied pursuant to this ordinance shall be a lien
against the property, and all such charges due on September 30
of each year which are more than thirty (30) days past due,
notice having been properly mailed to the occupant or owner of
the premises, shall be certified by the Council to the County
Auditor, which shall specify the amount thereof, the
description of the premises, and the name of the owner
thereof. The amount so certified shall be collected and
remitted to the City in the same manner as assessments for
local improvements.
1302.16 - CIVIL ACTION
Any charges levied hereunder which have been properly sent to
the occupant or owner and not paid may be recovered in a civil
action by the City in any court or competent jurisdiction.
1300.18 - FUNDS FROM SEWER SERVICE CHARGES
The funds received from the collection of charges authorized by
this ordinance shall be deposited as collected in the City
Wastewater Treatment System Operating Fund and shall be used
for the operation, maintenance, debt service, replacement and
improvement of the City wastewater disposal system.
1302.20 - NOTICE OF RATES
A certified copy of this article properly certified by the City
Clerk-Treasurer shall be filed in the office of the Register of
Deeds of Sherburne County and shall be deemed notice to all
owners of real estate of the charges of the sewage system of
said City on their properties.
1302.22 - PENALTY
.
.
.
Any person, firm or corporation violating any provlslons of
this Article shall be fined not less than $700 for each offense.
1302.24 - EFFECTIVE DATE OF RATES
The rates and service charges established for user charges in
Section 1302 shall be effective as of the next fiscal year
beginning January 1 and on bills to be rendered for the next
succeeding billing period.
1302.26 - VALIDITY
If any section, paragraph, clause or provision of this
ordinance shall be held to be invalid or unenforceable for any
reason, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the
remaining provisions of this ordinance.
1302.28 - POWERS AND AUTHORITY OF ENFORCING AGENTS
1. The City shall be permitted to gain access to such
properties as may be necessary for the purpose of inspection,
maintenance and repair, observation, measurement, sampling and
testing, in accordance with provisions of these regulations.
Any person found to be violating any provisions of this
ordinance shall be served by the City with written notice
stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. Any person
who shall continue any violation beyond the time limit shall be
guilty of violation of the service contract and shall be
temporarily disconnected from the sanitary sewer and/or water
service. Such disconnection and reconnection would be at the
total expense of the customer.
2. Where acids and chemicals damaging to sewer lines or
treatment processes are released to the sewer causing rapid
deterioration of these structures or interfering with proper
treatment of sewage, the City is authorized to immediately
terminate service by such measures as are necessary to protect
the facilities.
3. Any person, firm or corporation violating any of the
provisions of this ordinance shall be guilty of a misdemeanor
and upon conviction, shall be punished by a fine of not more
than $700. Each day of each violations shall be deemed a
separate offense. Any person violating any of the provisions
of this ordinance shall become liable to the City for any
expense, loss or damage occasioned by the City by reason of
such violation.
4. Any additional costs caused by discharges to the treatment
works of toxics or other incompatible wastes, including the
costs of restoring wastewater treatment services, cleanup and
restoration of the receiving waters and environs and sludge
disposal, shall be borne by the discharger(s) of said wastes,
~ at no expense to the City.
5. As a condition of use, the City shall be granted access by
industrial users to information regarding industrial processes
which have a direct bearing on the type and source of
discharges to the wastewater collection system.
6. All work performed on private property by the City in the
course of operating and maintaining the City's sewer utility
shall be performed in full accordance with a duly negotiated
and executed easement.
7. The City and its authorized employees shall observe all
applicable safety rules while performing work on private
property and the City shall hold the owner blameless for
injury or death except as such may be caused by negligence or
failure of the owner to maintain safe conditions.
~
~
restoration of the receiving waters and environs and sludge
disposal, shall be borne by the discharger(s) of said wastes,
~ at no expense to the City.
5. As a condition of use, the City shall be granted access by
industrial users to information regarding industrial processes
which have a direct bearing on the type and source of
discharges to the wastewater collection system.
6. All work performed on private property by the City in the
course of operating and maintaining the City's sewer utility
shall be performed in full accordance with a duly negotiated
and executed easement.
7. The City and its authorized employees shall observe all
applicable safety rules while performing work on private
property and the City shall hold the owner blameless for
injury or death except as such may be caused by negligence or
failure of the owner to maintain safe conditions.
Section 2. That this Ordinance shall take effect and be
in full force from and after the date of its publication.
~
Passed and adopted this 15th day of June,! 1992.
!
.b>>t~~ /I ~~ii;
James A. Tralle, Mayor
ATTEST:
J?t-~ j) /j1a6VY
Patrick D. Klaers, City Administrator
~
Mfidavit of Publication
.
.
.
STATE OF MINNESOTA )
)88.
COUNTY OF SHERBURNE)
/
being duly sw.rn~~ ~PUblisher.;
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicaLle
laws, as amended. FJ . ~tJ,:'""'1"": _ .
(B) The printed~~ry-..J q :A-57
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I.~uc-
cessive weeks; it was frrst published on Wednesday, the -
day of ~ ,19 CfJ--, and was thereafter
printed and ublis ed on every Wednesday to and includmg
Wednesday, the_dayof ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication oflhe
notice.
a bed e fg h ij k I m n 0 p q r, t u v w x y z
:~J~
.?~
day of
'lYJ.
. , NOKA COUNTY ..
RATE minion Expire, Jun. 10, 1993 ~
(1) Lowest classified rate pai,fi'rlf,:,,~,,},!-,~~'~A~~~NJ
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$
4,.5-0
$
306<1
3081
$