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Porter City Ordinances
PART 5: PUBLIC WORKS
Chapter
50.
GARBAGE AND RUBBISH
51.
SEWER REGULATIONS
52.
WATER REGULATIONS
Chapter 50: Garbage and Rubbish
Section
50.01
Definitions
50.02
Sanitation collection service required
50.03 Container
required; placement
50.04 Meddling
with trash receptacles prohibited
50.05
Containers to be kept sanitary and secure
50.06
Unauthorized private collections prohibited
50.07
Sanitation service: city options.
50.08 Rates and
charges; collection and late payment
50.09 Removal
of building materials
50.10
Prohibited acts
50.11
Non-residential customers; container types; collection schedules
50.12 Manner of
collection and transportation
50.13
Permission for collection
50.14
Collection of leaves, trees or tree limbs
Cross-reference:
Health and Safety;
Nuisances, see Chapter 92
§ 50.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
GARBAGE.
Organic refuse resulting from the preparation of food, and decayed
and spoiled food from any source.
RUBBISH.
All inorganic refuse matter such as tin cans, glass, paper, ashes and
the like.
§ 50.02 SANITATION COLLECTION
SERVICE REQUIRED.
Every person owning, managing, operating, leasing or renting any premises or
any place where garbage or rubbish accumulates shall use a sanitation
collection service as provided by the city unless otherwise approved by the
city council.
Penalty, see § 10.99
§ 50.03 CONTAINER REQUIRED;
PLACEMENT.
(A)
It shall be the duty of every person whose garbage and refuse is collected
by the sanitation collection service to provide a container or containers
for garbage and refuse, sufficient in size and number to accommodate and
securely keep all garbage and refuse that may accumulate between
collections. Garbage containers
shall be watertight and constructed of a solid and durable grade of metal,
plastic, or paper material.
Penalty, see § 10.99
§ 50.04 MEDDLING WITH TRASH
RECEPTACLES PROHIBITED.
(A)
It shall be unlawful to meddle with garbage cans, trash or rubbish
receptacles or in any way pilfer, search or scatter contents of garbage cans
or rubbish receptacles in or upon any street or alley within the city
limits.
(B)
This section shall not apply to persons authorized by the city or persons
authorized by state or federal law to search or otherwise meddle with trash
receptacles.
Penalty, see § 10.99
§ 50.05 CONTAINERS TO BE KEPT
SANITARY AND SECURE.
All containers shall be kept clean and free from accumulation of any
substance remaining attached to the inside of the container which would
attract or breed flies, mosquitoes, or other insects.
The area surrounding garbage containers shall be maintained in a
clean and sanitary condition.
The contents of all receptacles shall be protected so that the wind cannot
scatter the contents over the streets, alleys or other property within the
city. All containers shall be
securely closed in a manner as to prevent the scattering of the contents and
to make them inaccessible to insects, rodents and other animals.
Penalty, see § 10.99
§ 50.06 UNAUTHORIZED PRIVATE
COLLECTIONS PROHIBITED.
(A)
It shall be unlawful for any person to transport garbage or refuse for hire
which has been collected from any premises within the city over any public
street within the city.
(B)
This section shall not apply to any person who at the time of the activity
is operating under a valid contract or franchise granted by the city which
authorizes that person to use the public streets to conduct that activity.
Penalty, see § 10.99
§ 50.07 SANITATION SERVICE: CITY
OPTIONS.
The City Council may provide for sanitation collection services within the
city by use of city employees and vehicles, or it may grant permission under
the terms and conditions of § 50.13, or it may contract with one or more
contractors for the provision of these services under the terms
and conditions negotiated with the contractors, except that the provisions
for insurance under
§ 50.13(E) shall always apply.
§ 50.08 RATES AND CHARGES;
COLLECTION AND LATE PAYMENT.
If the city collects charges for the collection, removal and disposal of
garbage and trash within the city, the following provisions apply:
(A)
Generally. The charge for
the collection, removal and disposal of garbage and trash from residences
and businesses within the corporate limits of the city shall be as
established by the Ordinance Establishing Fees and Charges adopted pursuant
to § 30.11 of this code, as that ordinance may be amended from time to time.
(B)
Collection of charges.
The charges fixed herein for the collection, removal and disposal of all
garbage and trash shall be entered in their respective amounts on the
utility bill. The city may
discontinue all utility services, including water, sewer, and garbage and
trash services, for failing to pay any assessed charges and until the
charges have been paid in full under conditions and procedures detailed in
Division (C) of this section.
(C)
Disconnection for late payment.
(1)
It is the policy of the city to discontinue utility service to
customers by reason of nonpayment of bills only after notice and a
meaningful opportunity to be heard on disputed bills.
The city's form for application for utility service and all bills
shall contain, in addition to the title, address, and telephone number of
the official in charge of billing, clearly visible and easily readable
provisions to the effect:
(a)
That all bills are due and payable on or before the date set forth on
the bill;
(b)
That if any bill is not paid by or before that date, a second bill
will be mailed containing a cutoff notice that if the bill is not paid
within ten days of the mailing of the second bill, service will be
discontinued for nonpayment; and
(c)
That any customer disputing the correctness of his or her bill shall
have a right to a hearing at which time he or she may be represented in
person and by counsel or any other person of his or her choosing and may
present orally or in writing his or her complaint and contentions to the
city official in charge of utility billing.
This official shall be authorized to order that the customer’s
service not be discontinued and shall have the authority to make a final
determination of the customer’s complaint.
(2)
Requests for delays or waiver of payment will not be entertained;
only questions of proper and correct billing will be considered.
In the absence of payment of the bill rendered or resort to the
hearing procedure provided herein, service will be discontinued at the time
specified, but in no event until the charges have been due and unpaid for at
least 30 days.
(3)
When it becomes necessary for the city to discontinue utility service
to a customer for nonpayment of bills, service will be reinstated only after
all bills for service then due have been paid, along with a turn-on charge
as established by the Ordinance Establishing Fees and Charges adopted
pursuant to § 30.11 of this code, as that ordinance may be amended from time
to time.
(D)
Cold weather rule. Pursuant
to M.S. § 216B.097, as it may be amended from time to time, no service of a
residential customer shall be disconnected if the disconnection affects the
primary heat source for the residential unit when the disconnection would
occur during the period between October 15 and April 15, the customer has
declared inability to pay on forms provided by the city, the household
income of the customer is less that 185% of the federal poverty level as
documented by the customer to the city, and the customer’s account is
current for the billing period immediately prior to October 15 or the
customer has entered into a payment schedule and is reasonably current with
payments under the schedule. The
City Clerk shall, between August 15 and October 15, of each year, notify all
residential customers of these provisions.
§ 50.09 REMOVAL OF BUILDING
MATERIALS.
Waste from building operations, rock waste, building materials or other
refuse resulting from building or remodeling operations or resulting from a
general cleanup of vacant or improved property shall be removed by the
building contractor, owner or occupant of the building at his or her own
expense.
Penalty, see § 10.99
§ 50.10 PROHIBITED ACTS.
(A)
It shall be unlawful for any person to sweep, throw or deposit any garbage,
trash, debris, stagnant water or dead animal into, upon or along any public
property or private property of another, except as may be specifically
provided by this chapter.
(B)
It shall be unlawful for any person owning or otherwise in control of any
premises within the city to permit any of the conditions described in
Division (A) to exist upon property owned or controlled by him or her after
having actual or constructive notice thereof.
(C)
It shall be unlawful for any person to place in any container any material
other than as specifically provided in this chapter.
(D)
It shall be unlawful for any person to deposit or maintain garbage or trash
except as provided for by this chapter.
(E)
It shall be unlawful for any person to deposit any burning match, charcoal,
ember, or other material in any container used for the disposal of garbage.
Penalty, see § 10.99
§ 50.11 NON-RESIDENTIAL
CUSTOMERS; CONTAINER TYPES; COLLECTION
SCHEDULES.
(A)
It shall be the duty of the owner or person otherwise in charge of
multi-family, institutional or industrial premises within the city to cause
all garbage and trash accumulated on the premises to be placed in disposable
containers, or commercial-type containers.
Commercial-type containers may be used and may be placed at a
location on the premises as arranged between the customer and the collector
but subject to review by the city at any time.
(B)
Disposable containers shall be placed at a location on the premises which is
readily accessible to the collector.
(C)
The amount and character of garbage shall be considered in establishing size
of commercial containers and frequency of pickup.
The city shall have final authority to establish the size and
frequency based on the history of amount and type of garbage generated by
the customer. The collection and
removal of garbage and trash from premises used for commercial,
institutional, or industrial purposes shall be made as often as necessary in
order to maintain the premises free of accumulations.
Garbage, except dry trash in contractor-supplied containers, shall be
collected not less than one time each week, except for roll-off containers
which shall not be subject to this provision so long as they are used solely
for brush and dry trash.
Penalty, see § 10.99
§ 50.12 MANNER OF COLLECTION AND
TRANSPORTATION.
(A)
The collection, removal and disposal of all garbage, trash and brush shall
be carried on in a systematic, efficient manner to keep the city in a clean
and sanitary condition.
(B)
All vehicles used for the collection and transportation of garbage and trash
shall be equipped with suitable covers which shall be used to prevent
blowing or scattering of refuse while garbage and trash are being
transported for disposal.
Penalty, see § 10.99
§ 50.13 PERMISSION
FOR COLLECTION.
(A)
Purpose. In order to
provide for a continuous system of refuse collection and disposal in a
manner which meets the needs and conveniences of the residents of the city
and in order to protect the area from the problems of uncoordinated,
unsanitary and improper solid waste disposal, the City Council may determine
that it is in the best interests of the residents of the city to require
written permission of persons collecting or hauling garbage and rubbish for
hire, reserving to the city the right and authority to contract with one or
more operators to provide these services.
(B)
Permission. No person may
collect or haul garbage or rubbish within the city without first obtaining
written permission from the City Council.
(C)
Franchise. The City
Council may exercise its reserved right to contract with one or more
operators for the collection of garbage and rubbish within the city.
(D)
Suspension of permission or contract.
A contract or written permission issued under the provisions of this
section may be revoked or suspended for a violation of this chapter or other
applicable regulations of law upon a showing that the contractor or
authorized collector has failed to comply with that regulation.
(E)
Financial responsibility.
The authorized collector or contractor shall show financial responsibility
or a certificate of insurance coverage whereby each vehicle to be used by
the authorized collector or contractor shall be covered against loss or
injury in the following amounts:
$300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case; $1,000,000 for any number of
claims arising out of a single occurrence.
The authorized collector or contractor shall hold the city harmless
and agrees to defend and indemnify the city, and the city’s employees and
agents, for any claims, damages, losses, and expenses related to the work
under the written permission or contract.
The city shall be named as an additional insured under that insurance
for the services provided under the written permission or contract.
The authorized collector’s or contractor’s insurance shall be the
primary insurance for the city, and the authorized collector or contractor
shall provide a certificate of insurance on the city’s approved form which
verifies the existence of the insurance required, including provisions to
hold the city harmless and defend and indemnify the city.
The authorized collector or contractor shall also provide evidence of
workers compensation insurance for employees.
These insurance policies shall provide for the giving of ten days
prior notice to the city of the termination or cancellation of these
policies. In case any policies
are terminated or cancelled, the written permission or contract shall be
automatically revoked upon receipt by the City Clerk of the termination or
cancellation.
(F)
Design of equipment. All
trucks or motor vehicles used by the authorized collector or contractor
shall be water-tight so as not to allow the leakage of liquids or refuse
while hauling the same and shall be covered with a covering to prevent the
scattering of its contents upon the public streets or private properties in
the city.
(G)
Inspections. All vehicles
used for garbage or rubbish shall be made available for inspection within
the city at the times and places as the City Council may designate.
(H)
Bond. The
contractor or authorized collector may be required to furnish a surety bond
in an amount as the City Council deems necessary running to and approved by
the City Council, guaranteeing the authorized collector’s or contractor’s
faithful and continuous performance of the terms of the franchise, written
permission or contract and of this chapter.
§ 50.14 COLLECTION OF LEAVES,
TREES OR TREE LIMBS.
Nothing in this chapter shall be construed to prevent the collection for
hire by other persons of leaves, trees or tree limbs.
Chapter 51: Sewer Regulations
Section
General Provisions
51.001 Definitions
51.002 Control of sewers;
administration of chapter
51.003 Building sewers;
general requirements
51.004 Tampering with
wastewater facilities
51.005 Cost of repairing or
restoring sewers
General Regulations
51.015 Deposits of
unsanitary manner prohibited
51.016 Discharge of
wastewater or other polluted waters
51.017 Restrictions on
wastewater disposal facilities
51.018 Installation of
service connection to public sewer
51.019 Failure to connect
to a public sewer
Private Wastewater Disposal
51.035 Public sewer not
available
51.036 Permits
51.037 Type, capacities,
location and layout
51.038 Direct connection
required
51.039 Operation and
maintenance by owner
51.040 Application of
subchapter
Building Sewers and Connections
51.055 Restrictions on new
connections
51.056 Building sewer
permits
51.057 Costs and expenses
51.058 Separate building
sewers required
51.059 Old building sewers;
restrictions on use
51.060 Conformance to State
Building and Plumbing Code requirements
51.061 Elevation below
basement floor
51.062 Surface runoff or
groundwater connections prohibited
51.063 Excavations
51.064 Licenses
Use of Public Services
51.080 Discharges of
unpolluted water
51.081 Discharges of waters
or wastes
51.082 Limited discharges
51.083 Discharges hazardous
to life or constitute public nuisances
51.084 Increasing use of
process water
51.085 Pretreatment or
flow-equalizing facilities
51.086 Grease, oil and sand
interceptors
51.087 Industrial wastes;
installations
51.088 Industrial wastes;
requirements
51.089 Measurements, tests
and analyses of waters and wastes
51.090 Protection from
accidental discharge of prohibited materials
51.091 Permitting substance
or matter to flow or pass into public sewers
51.092 Repairing service
connection
51.093
Catch basin or waste traps required for motor vehicle washing or
servicing facilities
51.094 Special agreement
and arrangement
User Rate Schedule for Charges
51.110 Charges generally
51.111 Purpose
51.112 Definitions
51.113 Establishment of a
sewer service charge system
51.114 Determination of
sewer service charges
51.115 Sewer service fund
51.116 Administration
51.117 Disconnection for
late payment
Powers and Authority of Inspectors
51.130 Authorized employees
permitted to enter all properties
51.131 Authorized employees
obtaining information for industrial processes
51.132 Authorized employees
to observe safety rules
51.133 Authorized employees
permitted to enter all property with easements
51.999 Penalty
Cross-reference:
Health and Safety;
Nuisances, see Chapter 92
GENERAL PROVISIONS
§ 51.001 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
ACT.
The Federal Water Pollution Control Act, also referred to as the
Clean Water Act, being 33 USC 1251 et seq., as amended.
ASTM.
American Society for Testing Materials.
AUTHORITY.
This city or its representative thereof.
BIOCHEMICAL OXYGEN DEMAND (BOD5).
The quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in five days at 20º C,
expressed in terms of milligrams per liter (mg/l).
BUILDING DRAIN.
The part of the lowest horizontal piping of a drainage system which
receives the discharge from waste and other drainage pipes inside the walls
of the building and conveys it to the building sewer, beginning three feet
outside the building wall.
BUILDING SEWER.
The extension from the building drain to the public sewer or other
place of disposal, also referred to as a house connection or service
connection.
CITY.
The area within the corporate boundaries of the city as 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 City Council and its
authorized representative.
CONTROL MANHOLE.
A structure specially constructed for the purpose of measuring flow
and sampling of wastes.
EASEMENT.
An acquired legal right for the specific use of land owned by others.
GARBAGE.
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food.
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.
INDUSTRY.
Any nongovernmental or nonresidential user of a publicly owned
treatment works which is identified in the Standard Industrial
Classification Manual, latest edition, which is categorized in Divisions
A, B, D, E and I.
INFILTRATION.
Water entering the sewage system (including building drains and
pipes) from the ground through means as defective pipes, pipe joints,
connections and manhole walls.
INFILTRATION/INFLOW (I/I).
The total quantity of water from both infiltration and inflow.
INFLOW.
Water other than wastewater that enters a sewer system (including
building drains) from sources such as, but not limited to, roof leaders,
cellar drains, 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 waters or drainage.
INTERFERENCE.
The inhibition or disruption of the city’s wastewater disposal system
processes or operations which causes or significantly contributes to a
violation of any requirement of the city’s NPDES 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 (33 USC 1345) or any regulations developed pursuant to the Solid
Waste Disposal Act (42 USC 6901 et seq.), the Clean Air Act (42 USC 7401 et
seq.), the Toxic Substances Control Act (15 USC 2601 et seq.), or more
stringent state criteria applicable to the method of disposal or use
employed by the city.
MAY.
The term is permissive.
MPCA.
The 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 those treatment
facilities or would interfere with the operation of those treatment
facilities, pursuant to Section 307(b) of the Act (33 USC 1317(b)).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT.
A permit issued by the MPCA, setting limits on pollutants that a
permittee may legally discharge into navigable waters of the United States
pursuant to Sections 402 and 405 of the Act (33 USC 1342 and 33 USC 1345).
NATURAL OUTLET.
Any outlet, including storm sewers and combined sewers, which
overflow into a watercourse, pond, ditch, lake or other body of surface
water or ground water.
NON-CONTACT COOLING WATER.
The water discharged from any use such 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 287 mg/l and a suspended
solids (TSS) concentration not greater than 287 mg/l.
PERSON.
Any individual, firm, company, association, society, corporation or
group.
pH.
The logarithm of the reciprocal of the concentration of hydrogen ions
in terms of grams per liter of solution.
PRETREATMENT.
The treatment of wastewater from industrial sources prior to the
introduction of the waste effluent into a publicly-owned treatment works.
PROPERLY SHREDDED GARBAGE.
The wastes from the preparation, cooking and dispensing of food that
have been shredded to a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers with no
particle greater than 2-inch (1.27 cm) in any dimension.
SEWAGE.
The spent water of a community.
The preferred term is wastewater.
SEWER.
A pipe or conduit that carries wastewater or drainage water.
(1)
COLLECTION SEWER.
A sewer whose primary purpose is to collect wastewaters from
individual point source discharges and connections.
(2)
INTERCEPTOR SEWER.
A sewer whose primary purpose is to transport wastewater from
collection sewers to a treatment facility.
(3)
PRIVATE SEWER.
A sewer which is not owned and maintained by a public authority.
(4)
PUBLIC SEWER.
A sewer owned, maintained and controlled by a public authority.
(5)
SANITARY SEWER.
A sewer intended to carry only liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions
together with minor quantities of ground, storm and surface waters which are
not admitted intentionally.
(6)
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.
SHALL.
The term is mandatory.
STATE DISPOSAL SYSTEM (SDS) PERMIT.
Any permit (including any terms, conditions and requirements thereof)
issued by the MPCA pursuant to M.S. § 115.07, as it may be amended from time
to time for a disposal system as defined by M.S. § 115.01(8), as it may be
amended from time to time.
SUSPENDED SOLIDS (SS)
or TOTAL SUSPENDED SOLIDS (TSS).
The total suspended matter that either floats on the surface of, or
is in suspension in water, wastewater or other liquids, and is removable by
laboratory filtering as prescribed in Standard Methods for the
Examination of Water and Wastewater, latest edition, and referred to as
non-filterable residue.
TOXIC POLLUTANT.
The concentration of any pollutant or combination of pollutants which
upon exposure to or assimilation into any organism will cause adverse
affects as defined in standards issued pursuant to Section 307(a) of the Act
(33 USC 1317(a)).
UNPOLLUTED WATER.
Water of quality equal to or better than the effluent criteria in
effect, or water that would not cause violation of receiving water quality
standards, and would not be benefited by discharge to the sanitary sewers
and wastewater treatment facilities.
USER.
Any person who discharges or causes or permits the discharge of
wastewater into the city’s wastewater disposal system.
UTILITIES SUPERINTENDENT.
The person appointed by the City Council to supervise the sewer and
water systems of the city.
WASTEWATER.
The spent water of a community and referred to as sewage.
From the standpoint of source, it may be a combination of the liquid
and water-carried wastes from residences, commercial buildings, industrial
plants and institutions together with any ground water, surface water and
storm water that may be present.
WASTEWATER TREATMENT WORKS
or TREATMENT WORKS.
An arrangement of any devices, facilities, structures, equipment or
processes owned or used by the city for the purpose of the transmission,
storage, treatment, recycling and reclamation of municipal sewage, domestic
sewage or industrial wastewater, or structures necessary to recycle or reuse
water including interceptor sewers, outfall sewers, collection sewers,
pumping, power and other equipment and their appurtenances; extensions,
improvements, remodeling, additions and alterations thereof; elements
essential to provide a reliable recycled water supply such as standby
treatment units and clear well facilities; and any works including land
which is an integral part of the treatment process or is used for ultimate
disposal of residues resulting from that treatment.
WPCF.
The Water Pollution Control Federation.
§ 51.002 CONTROL OF SEWERS;
ADMINISTRATION OF CHAPTER.
The Utilities Superintendent, or other official designated by the City
Council shall have control and general supervision of all public sewers and
service connections in the city, and shall be responsible for administering
the provisions of this chapter to the end that a proper and efficient public
sewer is maintained.
§ 51.003 BUILDING SEWERS; GENERAL
REQUIREMENTS.
Building sewer construction shall meet the pertinent requirements of the
Minnesota State Building Code, which is those chapters of Minn. Rules
referenced in Minn. Rules part 1300.2400, subpart 6, as they may be amended
from time to time, and the Minnesota Plumbing Code, Minn. Rules Ch. 4715, as
it may be amended from time to time.
The applicant shall notify the City Clerk when the building sewer and
connection is ready for inspection.
The connection shall be made under the supervision of the Building
Official or the Building Official’s representative, if the city has adopted
the State Building Code. If the
city has not adopted the State Building Code, the Utilities Superintendent
shall perform the inspection. If
the city does not have a Utilities Superintendent, an installer licensed
under § 51.064 shall certify that the building sewer and connection comply
with the State Building Code. No
backfill shall be placed until the work has been inspected and approved, or
until the certification has been received.
Penalty, see § 51.999
§ 51.004 TAMPERING WITH
WASTEWATER FACILITIES.
No person shall maliciously, willfully, or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or
equipment which is part of the wastewater facilities.
Any person violating this provision shall be subject to immediate
arrest under the charge of a misdemeanor.
Penalty, see § 51.999
§ 51.005 COST OF REPAIRING OR
RESTORING SEWERS.
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 or associated facilities damaged as a
result of the discharge of prohibited wastes by that person, and may collect
the assessment as an additional charge for the use of the public sewer
system or in any other manner deemed appropriate by the city.
GENERAL REGULATIONS
§ 51.015 DEPOSITS OF UNSANITARY
MANNER PROHIBITED.
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 city’s jurisdiction, any human or animal
excrement, garbage or objectionable waste.
Penalty, see § 51.999
§ 51.016 DISCHARGE OF WASTEWATER
OR OTHER POLLUTED WATERS.
It shall be unlawful to discharge to any natural outlet any wastewater or
other polluted waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this chapter and the city’s
NPDES/SDS permit.
Penalty, see § 51.999
§ 51.017 RESTRICTIONS ON
WASTEWATER DISPOSAL FACILITIES.
Except as otherwise provided in this chapter, 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 wastewater.
Penalty, see § 51.999
§ 51.018 INSTALLATION OF SERVICE
CONNECTION TO PUBLIC SEWER.
The owners of all houses, buildings or properties used for human occupancy,
employment, recreation or other purposes from which wastewater is
discharged, and which is situated within the city and adjacent to any
street, alley or right-of-way in which there is now located, or may in the
future be located, a public sanitary sewer of the city shall be required at
the owner’s expense to install a suitable service connection to the public
sewer in accordance with provisions of this code within 365 days of the date
the public sewer is operational; provided, the public sewer is within 200
feet of the structure generating the wastewater.
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 made pursuant to this section, an
official ten-day notice shall be served instructing the affected property
owner to make the connection.
Penalty, see § 51.999
§ 51.019 FAILURE TO CONNECT TO A
PUBLIC SEWER.
In the event an owner shall fail to connect to a public sewer in compliance
with a notice given under § 51.018, the city shall undertake to have the
connection made and shall assess the cost thereof against the benefited
property. The assessment, when
levied, shall bear interest at the rate determined by the City Council and
shall be certified to the County Auditor and shall be collected and remitted
to the city in the same manner as assessments for local improvements.
The rights of the city shall be in addition to any remedial or
enforcement provisions of this chapter.
Penalty, see § 51.999
PRIVATE WASTEWATER DISPOSAL
§ 51.035 PUBLIC SEWER NOT
AVAILABLE.
Where a public sewer is not available under the provisions of § 51.018, the
building sewer shall be connected to a private wastewater disposal system
complying with the provisions of this subchapter and Minn. Rules Ch. 7080,
Individual Sewage Treatment Systems Program, as they may be amended from
time to time.
Penalty, see § 51.999
§ 51.036 PERMITS.
(A)
Required. Prior to
commencement of construction of a private wastewater disposal system, the
owner shall first obtain a written permit signed by the city.
The application for the 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 to the city.
(B)
Inspections. A permit for
a private wastewater disposal system shall not become effective 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 24 hours of the receipt of notice.
Penalty, see § 51.999
§ 51.037 TYPE, CAPACITIES,
LOCATION AND LAYOUT.
The type, capacities, location, and layout of a private wastewater disposal
system shall comply with all requirements of Minn. Rules Ch. 7080,
Individual Sewage Treatment Systems Program, as they may be amended from
time to time. No septic tank or
cesspool shall be permitted to discharge to any natural outlet.
Penalty, see § 51.999
§ 51.038 DIRECT CONNECTION
REQUIRED.
At the 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 365 days in compliance with this chapter, and within 365
days any septic tanks, cesspools and similar private wastewater disposal
systems shall be cleaned of sludge.
The bottom shall be broken to permit drainage, and the tank or pit
filled with suitable material.
Penalty, see § 51.999
§ 51.039 OPERATION AND
MAINTENANCE BY OWNER.
The owner shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times at no expense to the city.
§ 51.040 APPLICATION OF
SUBCHAPTER.
No statement contained in this subchapter shall be construed to interfere
with any additional requirements that may be imposed by the MPCA or the
Minnesota Department of Health.
BUILDING SEWERS AND CONNECTIONS
§ 51.055 RESTRICTIONS ON NEW
CONNECTIONS.
Any new connections to the sanitary sewer system shall be prohibited unless
sufficient capacity is available in all downstream facilities, including but
not limited to capacity for flow, BOD5 and suspended solids, as
determined by the Utilities Superintendent.
Penalty, see § 51.999
§ 51.056 BUILDING SEWER PERMITS.
(A)
Required. 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.
(B)
Applications.
Applications for permits shall be made by the owner or 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.
(C)
Classes. There shall be
two classes of building sewer permits:
one for residential and commercial service, and one for service to
establishments producing industrial wastes.
In either case, the application shall be supplemented by any plans,
specifications or any other information considered pertinent in the judgment
of the city. The industry, as a
condition of permit authorization, must provide information describing its
wastewater constituents, characteristics and type of activity.
(D)
Inspection and connection.
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 Utilities
Superintendent or authorized representative thereof.
Penalty, see § 51.999
§ 51.057 COSTS AND EXPENSES.
All costs and expenses incidental to the installation and connection of the
building sewer shall be borne by the owner.
The owner shall indemnify the city from any loss or damage that may
be directly or indirectly occasioned by the installation of the building
sewer.
Penalty, see § 51.999
§ 51.058 SEPARATE BUILDING
SEWERS REQUIRED.
A separate and independent building sewer shall be provided for every
building, except where one building stands at the rear of another on an
interior lot and no private sewer is available or can be constructed to the
rear building through an adjoining alley, court, yard or driveway.
The building sewer from the front building may be extended to the
rear building and the whole considered one building sewer.
The city does not and will not assume any obligation or
responsibility for damage caused by or resulting from any connection.
Penalty, see § 51.999
§ 51.059 OLD BUILDING SEWERS;
RESTRICTIONS ON USE.
Old building sewers may be used in connection with new buildings only when
they are found, on examination and test by the Utilities Superintendent or
his or her representative, to meet all requirements of this chapter.
§ 51.060 CONFORMANCE TO STATE
BUILDING AND PLUMBING CODE REQUIREMENTS.
(A)
The size, slopes, alignment, materials of construction of building sewers
and the methods to be used in excavating, placing of the pipe, jointing,
testing, and backfilling of the trench, shall all conform to the
requirements of the State Building and Plumbing Code or other applicable
rules and regulations of the city.
(B)
The connection of the building sewer into the public sewer shall conform to
the requirements of the State Building and Plumbing Code or other applicable
rules and regulations of the city.
All connections shall be made gastight and watertight, and verified
by proper testing to prevent the inclusion of infiltration/inflow.
Any deviation from the prescribed procedures and materials must be
approved by the city prior to installation.
Penalty, see § 51.999
§ 51.061 ELEVATION BELOW
BASEMENT FLOOR.
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, sanitary sewage carried by the building
drain shall be lifted by an approved means and discharged to the building
sewer.
Penalty, see § 51.999
§ 51.062 SURFACE RUNOFF OR
GROUNDWATER CONNECTIONS PROHIBITED.
No person shall make connection of roof downspouts, sump pumps, foundation
drains, areaway drains or other sources of surface runoff or groundwater to
a building sewer or indirectly to the wastewater disposal system.
Penalty, see § 51.999
§ 51.063 EXCAVATIONS.
All excavations for building sewer installation shall be adequately guarded
with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways and other public property disturbed in
the course of the work shall be restored in a manner satisfactory to the
city.
Penalty, see § 51.999
§ 51.064 LICENSES.
(A)
Required. No person shall
make a service connection with any public sewer unless regularly licensed
under this chapter to perform the work, and no permit shall be granted to
any person except a regularly licensed person.
(B)
Application. Any person
desiring a license to make a service connection with public sewers shall
apply in writing to the City Council with satisfactory evidence that the
applicant or employer is trained or skilled in the business and qualified to
receive a license. All
applications shall be referred to the Utilities Superintendent for
recommendations to the Council.
If approved by the Council, the license shall be issued by the City Clerk
upon the filing of a bond as hereinafter provided.
(C)
Issuance. No license
shall be issued to any person until a policy of insurance to the city,
approved by the Council, is filed with the City Clerk conditioned that the
licensee will indemnify and save 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 licensee or by those in the licensee’s employment
for any purpose whatever, and that the licensee will replace and restore the
street and alley over that 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 Utilities Superintendent, and
shall conform in all respects to any rules and regulations of the Council
relative thereto, and pay all fines that may be imposed on the licensee by
law.
(D)
Fee. The license fee for
making service connections shall be as established by the Ordinance
Establishing Fees and Charges adopted pursuant to § 30.11 of this Code, as
that ordinance may be amended from time to time.
All licenses shall expire on December 31 of the license year unless
the license is suspended or revoked by the Council for cause.
(E)
Suspension or revocation.
The Council may suspend or revoke any license issued under this subchapter
for any of the following causes:
(1)
Giving false information in connection with the application for a
license.
(2)
Incompetence of the licensee.
(3)
Willful violation of any provisions of this chapter or any rule or
regulation pertaining to the making of service connections.
Penalty, see § 51.999
USE OF PUBLIC SERVICES
§ 51.080 DISCHARGES OF
UNPOLLUTED WATER.
(A)
No person shall discharge or caused to be discharged any water such as
stormwater, ground water, roof runoff, surface drainage or non-contact
cooling water to any sanitary sewer.
(B)
Stormwater and all other unpolluted drainage shall be discharged to those
sewers as are specifically designed as storm sewers or to a natural outlet
approved by the city and other regulatory agencies.
Industrial cooling water or unpolluted process waters may be
discharged to a storm sewer or natural outlet on approval of the city and
upon approval and the issuance of a discharge permit by the MPCA.
Penalty, see § 51.999
§ 51.081 DISCHARGES OF WATERS OR
WASTES.
No person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
(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)
Solid or viscous substances which will cause obstruction to the flow in a
sewer or other interference with the operation of the wastewater treatment
facilities such as but not limited to grease, garbage with particles greater
than 2-inch in any dimension, animal guts or tissues, paunch manure, bones,
hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass
clippings, rags, spent grains, spent hops, waste paper, wood, plastic,
asphalt residues, residues from refining or processing of fuel or
lubricating oil, mud or glass grinding or polishing wastes.
(C)
Any wastewater having a pH of less than 5.0 or greater than 9.5 or having
any other corrosive property capable of causing damage or hazard to
structures, equipment and personnel of the wastewater disposal system.
(D)
Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to inhibit or disrupt any
wastewater treatment process, constitute a hazard to humans or animals, or
create a toxic effect in the receiving waters of the wastewater disposal
system. A toxic pollutant shall
include but not be limited to any pollutant identified pursuant to Section
307(a) of the Act (33 USC 1317(a)).
Penalty, see § 51.999
§ 51.082 LIMITED DISCHARGES.
(A)
The following described substances, materials, water or wastes shall be
limited in discharges to municipal systems to concentrations or quantities
which will not harm either sewers, the wastewater treatment works, treatment
process or equipment, will not have an adverse effect on the receiving
stream and soil, vegetation and ground water, or will not otherwise endanger
lives, limb, public property, or constitute a nuisance.
The Utilities Superintendent may set limitations lower than
limitations established in the regulations below if, in his or her opinion,
the more severe limitations are necessary to meet the above objectives.
In forming his or her opinion as to the acceptability of wastes, the
Utilities Superintendent will give consideration to factors as the quantity
of subject waste in reaction to flows and velocities in the sewers,
materials of construction of the sewers, nature of the sewage treatment
process, the city’s NPDES/SDS permit, capacity of the sewage treatment
plant, degree of treatability of wastes in the sewage treatment plant, and
other pertinent factors.
(B)
The limitations or restrictions on materials or characteristics of waste or
wastewaters discharged to the sanitary sewer which shall not be violated
without approval of the Utilities Superintendent are as follows:
(1)
Any wastewater having a temperature greater than 150º F (65.6º C), or
causing, individually or in combination with other wastewater, the influent
at the wastewater treatment plant to have a temperature exceeding 104º F
(40º C), or having heat in amounts which will inhibit biological activity in
the wastewater treatment works resulting in interference therein.
(2)
Any wastewater containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances which may
solidify or become viscous at temperatures between 32º F and 150º F (0º C
and 65.6º C); and any wastewater containing oil and grease concentrations of
mineral origin of greater than 100 mg/l, whether emulsified or not.
(3)
Any quantities of flow, concentrations, or both which constitute a
“slug” as defined in § 51.001.
(4)
Any garbage not properly shredded, as defined in § 51.001 of this
chapter. Garbage grinders may be
connected to sanitary sewers from homes, hotels, institutions, restaurants,
hospitals, catering establishments or similar places where garbage
originates from the preparation of food on the premises or when served by
caterers.
(5)
Any noxious or malodorous liquids, gases or solids which either
singly or by interaction with other wastes are capable of creating a public
nuisance or hazard to life, or are sufficient to prevent entry into the
sewers for their maintenance and repair.
(6)
Any wastewater with objectionable color not removed in the treatment
process such as but not limited to dye wastes and vegetable tanning
solutions.
(7)
Non-contact cooling water or unpolluted storm, drainage or ground
water.
(8)
Wastewater containing inert suspended-solids such as but not limited
to fullers earth, lime slurries, and lime residues, or of dissolved solids
such as but not limited to sodium chloride and sodium sulfate, in quantities
that would cause disruption with the wastewater disposal system.
(9)
Any radioactive wastes or isotopes of half-life or concentration as
may exceed limits established by the Utilities Superintendent in compliance
with applicable state or federal regulations.
(10) Any waters
or wastes containing the following substances to the degree that any
material received in the composite wastewater at the wastewater treatment
works is detrimental to treatment process, adversely impacts land
application, adversely effects receiving waters, or is in violation of
standards pursuant to Section 307(b) of the Act (33 USC 1317(b)):
Arsenic, Cadmium, Copper, Cyanide, Lead, Mercury, Nickel, Silver,
total Chromium, Zinc and Phenolic compounds which cannot be removed by the
city’s wastewater treatment system.
(11) Any
wastewater that creates conditions at or near the wastewater disposal system
which violates any statute, rule, regulation or ordinance of any regulatory
agency, or state or federal regulatory body.
(12) Any
waters or wastes containing BOD5 or suspended solids of character
and quantity that unusual attention or expense is required to handle the
materials at the wastewater treatment works, except as may be permitted by
specific written agreement subject to the provisions of § 51.094.
§ 51.083 DISCHARGES HAZARDOUS TO
LIFE OR CONSTITUTE PUBLIC NUISANCES.
(A)
If any waters or wastes are discharged or are proposed to be discharged to
the public sewers which contain substances or possess the characteristics
enumerated in § 51.082, or which in the judgment of the Utilities
Superintendent may have a deleterious effect upon the wastewater treatment
facilities, processes, or equipment, receiving waters or soil, vegetation,
and ground water, or which otherwise create a hazard to life or constitute a
public nuisance, the city may:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for discharge to the
public sewers, pursuant to Section 307(b) of the Act (33 USC 1317(b)) and
all amendments thereof;
(3)
Require control over the quantities and rates of discharge; and
(4)
Require payment to cover the added costs of handling, treating and
disposing of wastes not covered by existing taxes or sewer service charges.
(B)
If the city permits the pretreatment or equalization of waste flows, the
design, installation and maintenance of the facilities 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.
§ 51.084 INCREASING USE OF
PROCESS WATER.
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 §§ 51.081
and 51.082, or contained in the National Categorical Pretreatment Standards
or any state requirements.
Penalty, see § 51.999
§ 51.085 PRETREATMENT OR
FLOW-EQUALIZING FACILITIES.
Where pretreatment or flow-equalizing facilities are provided or required
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation at the expense of the owner.
§ 51.086 GREASE, OIL AND SAND
INTERCEPTORS.
Grease, oil, and sand interceptors shall be provided when, in the opinion of
the Utilities Superintendent, they are necessary for the proper handling of
liquid wastes containing floatable grease in excessive amounts, as specified
in § 51.082(B)(2), any flammable wastes as specified in § 51.081(A), sand or
other harmful ingredients; except that interceptors shall not be required
for private living quarters or dwelling units.
All interceptors shall be of the type to be readily and easily
accessible for cleaning and inspection.
In the maintaining of these interceptors, the owner 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 Utilities Superintendent.
Any removal and hauling of the collecting materials not performed by
the owner’s personnel must be performed by a currently licensed waste
disposal firm.
Penalty, see § 51.999
§ 51.087 INDUSTRIAL WASTES;
INSTALLATIONS.
Where required by the city, the owner of any property serviced by a building
sewer carrying industrial wastes shall install a suitable structure, or
control manhole, with necessary meters and other appurtenances in the
building sewer to facilitate observation, sampling, and measurement of
wastes. The structure shall be
accessible and safely located, and shall be constructed in accordance with
plans approved by the city. The
structure shall be installed by the owner at his or her expense and shall be
maintained by the owner to be safe and accessible at all times.
Penalty, see § 51.999
§ 51.088 INDUSTRIAL WASTES;
REQUIREMENTS.
The owner of any property serviced by a building sewer carrying industrial
wastes may, at the discretion of the city, be required to provide laboratory
measurements, tests or analyses of waters or wastes to illustrate compliance
with this chapter and any special condition for discharge established by the
city or regulatory agencies having jurisdiction over the discharge.
The number, type and frequency of sampling and laboratory analyses 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 federal, state and
local standards are being met.
The owner shall report the results of measurements and laboratory analyses
to the city at times and in the manner as prescribed by the city.
The owner shall bear the expense of all measurements, analyses and
reporting required by the city.
At those times as deemed necessary, the city reserves the right to take
measurements and supplies for analysis by an independent laboratory.
Penalty, see § 51.999
§ 51.089 MEASUREMENTS, TESTS AND
ANALYSES OF WATERS AND WASTES.
All measurements, tests and analyses of the characteristics of waters and
wastes to which reference is made in this chapter 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 Utilities Superintendent.
Penalty, see § 51.999
§ 51.090 PROTECTION FROM
ACCIDENTAL DISCHARGE OF PROHIBITED MATERIALS.
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 chapter.
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 Utilities Superintendent for review and approval prior to
construction of the facility.
Review and approval of the 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 chapter.
Users shall notify the Utilities Superintendent immediately upon
having a slug or accidental discharge of substances of wastewater in
violation of this chapter to enable countermeasures to be taken by the
Utilities Superintendent to minimize damage to the wastewater treatment
works. The 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 a
discharge are advised of the emergency notification procedure.
Penalty, see § 51.999
§ 51.091 PERMITTING SUBSTANCE OR
MATTER TO FLOW OR PASS INTO PUBLIC SEWERS.
No person having charge of any building or other premises that 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 30 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 other work as the Utilities Superintendent 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 30 days,
the Utilities Superintendent may cause the work to be completed at the
expense of the owner or representative thereof.
Penalty, see § 51.999
§ 51.092 REPAIRING SERVICE
CONNECTION.
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 the work to be done as
the Utilities Superintendent may direct.
Each day after 30 days that a person neglects or fails to so act
shall constitute a separate violation of this section, and the Utilities
Superintendent may then cause the work to be done, and recover from the
owner or agent the expense thereof by an action in the name of the city.
Penalty, see § 51.999
§ 51.093 CATCH BASIN OR WASTE
TRAPS REQUIRED FOR MOTOR VEHICLE WASHING OR SERVICING FACILITIES.
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 any mineral deposit from entering the public sewer system.
Penalty, see § 51.999
§ 51.094 SPECIAL AGREEMENT AND
ARRANGEMENT.
No statement contained in this subchapter shall be construed as preventing
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; provided, that National Categorical Pretreatment
Standards and the city’s NPDES/SDS Permit limitations are not violated.
USER RATE SCHEDULE FOR CHARGES
§ 51.110 CHARGES GENERALLY.
Each user of sewer service shall pay the charges applicable to the type of
service and in accordance with the provisions set forth in this subchapter.
§ 51.111 PURPOSE.
The purpose of the subchapter is to provide for sewer service charges to
recover costs associated with operation, maintenance and replacement to
ensure effective functioning of the city’s wastewater treatment system, and
local capital costs incurred in the construction of the city’s wastewater
treatment system.
§ 51.112 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
ADMINISTRATION.
Those fixed costs attributable to administration of the wastewater
treatment works such as billing and associated bookkeeping and accounting
costs.
CITY.
The area within the corporate boundaries of the city as presently
established or as amended by ordinance or other legal actions at a future
time. When used herein the term
CITY may also refer to the City Council or its authorized
representative.
DEBT SERVICE CHARGE.
A charge levied on users of wastewater treatment facilities for the
cost of repaying money bonded to construct the facilities.
INCOMPATIBLE WASTE.
Waste that either singly or by interaction with other wastes
interferes with any waste treatment process, constitutes a hazard to humans
or animals, creates a public nuisance or creates any hazard in the receiving
waters of the wastewater treatment works.
INDUSTRIAL USERS
or INDUSTRIES.
(1)
(a) Entities that discharge
into a publicly owned wastewater treatment works liquid wastes resulting
from the processes employed in industrial or manufacturing processes, or
from the development of any natural resources.
These are identified in the
Standard Industrial Classification Manual, latest edition, Office of
Management and Budget, as amended and supplemental under one of the
following divisions:
Division A.
Agriculture, forestry and fishing
Division B. Mining
Division D.
Manufacturing
Division
E. Transportation,
communications, electric, gas, and sanitary sewers
Division I. Services
(b)
For the purpose of this definition, domestic waste shall be
considered to have the following characteristics:
BOD5 - less than 287 mg/l; Suspended solids - less than
287 mg/l.
(2)
Any nongovernmental user of a publicly owned treatment works which
discharges wastewater to the treatment works which contains toxic pollutants
or poisonous solids, liquids or gases in sufficient quantity either singly
or by interaction with other wastes to contaminate the sludge of any
municipal systems, or to injure or to interfere with any sewage treatment
process, or which constitutes a hazard to humans or animals, creates a
public nuisance, or creates any hazard in or has an adverse effect on the
waters receiving any discharge from the treatment works.
MAY.
The term is permissive.
OPERATION AND MAINTENANCE.
Activities required to provide for the dependable and economical
functioning of the treatment works, throughout the design or useful life,
whichever is longer of the treatment works, and at the level of performance
for which the treatment works were constructed.
The term includes replacement.
OPERATION AND MAINTENANCE COSTS. Expenditures
for operation and maintenance, including replacement.
REPLACEMENT.
Obtaining and installing of equipment, accessories or appurtenances
which are necessary during the design life or useful life, whichever is
longer, of the treatment works to maintain the capacity and performance for
which the works were designed and constructed.
REPLACEMENT COSTS.
Expenditures for replacement.
SANITARY SEWER.
A sewer intended to carry only liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground, storm and surface waters which are
not admitted intentionally.
SEWER SERVICE CHARGE.
The aggregate of all charges, including charges for operation,
maintenance, replacement, debt service, and other sewer related charges that
are billed periodically to users of the city’s wastewater treatment
facilities.
SEWER SERVICE FUND.
A fund into which income from sewer service charges is deposited
along with other income, including taxes intended to retire debt incurred
through capital expenditure for wastewater treatment.
Expenditure of the sewer service fund will be for operation,
maintenance and replacement costs and to retire debt incurred through
capital expenditure for wastewater treatment.
SHALL.
The term is mandatory.
TOXIC POLLUTANT.
The concentration of any pollutant or combination of pollutants as
defined in standards issued pursuant to Section 307(a) of the Act (33 USC
1317(a)), which upon exposure to or assimilation into any organism, will
cause adverse effects.
USER CHARGE.
A charge levied on a user of a treatment works for the user’s
proportionate share of the cost of operation and maintenance, including
replacement.
USERS.
Those residential, commercial, governmental, institutional and
industrial establishments which are connected to the public sewer collection
system.
WASTEWATER.
The spent water of a community, also referred to as sewage.
From the standpoint of source, it may be a combination of the liquid
and water-carried wastes from residences, commercial buildings, industrial
plants and institutions together with any ground water, surface water and
storm water that may be present.
WASTEWATER TREATMENT WORKS
or TREATMENT WORKS.
An arrangement of any devices, facilities, structures, equipment or
processes owned or used by the city for the purpose of the transmission,
storage, treatment, recycling and reclamation of municipal sewage, domestic
sewage or industrial wastewater, or structures necessary to recycle or reuse
water including interceptor sewers, outfall sewers, collection sewers,
pumping, power and other equipment and their appurtenances; extensions,
improvements, remodeling, additions and alterations thereof; elements
essential to provide a reliable recycled water supply such as standby
treatment units and clear well facilities; and any works including land
which is an integral part of the treatment process or is used for ultimate
disposal of residues resulting from the treatment.
§ 51.113 ESTABLISHMENT OF A
SEWER SERVICE CHARGE SYSTEM.
(A)
The city hereby establishes a Sewer Service Charge System whereby all
revenue collected from users of the wastewater treatment facilities will be
used to affect all expenditures incurred for annual operation, maintenance
and replacement and for debt service on capital expenditure incurred in
constructing the wastewater treatment works.
(B)
Each user shall pay its proportionate share of operation, maintenance, and
replacement costs of the treatment works, based on the user’s proportionate
contribution to the total wastewater loading from all users.
(C)
Each user shall pay debt service charges to retire local capital costs as
determined by the City Council.
(D)
Sewer service rates and charges to users of the wastewater treatment
facility shall be determined and fixed in a “Sewer Service Charge System”
developed according to the provisions of this subchapter.
The Sewer Service Charge System shall be the system enacted prior to
the adoption of this code. The
Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this
code may be amended from time to time to include subsequent changes in sewer
service rates and charges.
(E)
Revenues collected for sewer service shall be deposited in a separate fund
known as “The Sewer Service Fund.”
Income from revenues collected will be expended to off-set the cost
of operation, maintenance and equipment replacement for the facility and to
retire the debt for capital expenditure.
(F)
Sewer service charges and the sewer service fund will be administrated in
accordance with the provisions of § 51.116.
(G)
A connection fee as fixed in the Ordinance Establishing Fees and Charges
adopted pursuant to § 30.11 of this code, as that ordinance may be amended
from time to time, shall be charged to each user connecting a new service to
the Sanitary Sewer System. The
connection fee shall be due and payable within 90 days of the date the
connection is completed.
Penalty, see § 51.999
§ 51.114 DETERMINATION OF SEWER
SERVICE CHARGES.
The sewer service rates and charges to users of the wastewater treatment
facility shall be as established by ordinance or resolution prior to the
adoption of this code, unless amended or modified in the Ordinance
Establishing Fees and Charges, adopted pursuant to § 30.11, as that
ordinance may be amended from time to time.
Penalty, see § 51.999
§ 51.115 SEWER SERVICE FUND.
(A)
The city hereby establishes a “Sewer Service Fund” as an income fund to
receive all revenues generated by the sewer service charge system, and all
other income dedicated to the operation, maintenance, replacement and
construction of the wastewater treatment works, including taxes, special
charges, fees and assessments intended to retire construction debt.
The city also establishes the following accounts as income and
expenditure accounts within the sewer service fund:
(1)
Operation and maintenance account.
(2)
Equipment replacement account.
(3)
Debt retirement account.
(B)
All revenue generated by the sewer service charge system, and all other
income pertinent to the treatment system, including taxes and special
assessments dedicated to retire construction debt, shall be held by the City
Clerk separate and apart from all other funds of the city.
Funds received by the sewer service fund shall be transferred to the
“Operation and Maintenance Account,” the “Equipment Replacement Account,”
and the “Debt Retirement Account” in accordance with state and federal
regulations and the provisions of this chapter.
(C)
Revenue generated by the sewer service charge system sufficient to insure
adequate replacement throughout the design life or useful life, whichever is
longer, of the wastewater facility shall be held separate and apart in the
“Equipment Replacement Account” and dedicated to affecting replacement
costs. Interest income generated
by the “Equipment Replacement Account” shall remain in the “Equipment
Replacement Account.”
(D)
Revenue generated by the sewer service charge system sufficient for
operation and maintenance shall be held separate and apart in the “Operation
and Maintenance Account.”
§ 51.116 ADMINISTRATION.
The sewer service charge system and sewer service fund shall be
administrated according to the following provisions:
(A)
The City Clerk shall maintain a proper system of accounts suitable for
determining the operation and maintenance, equipment replacement and debt
retirement costs of the treatment works, and shall furnish the City Council
with a report of those costs annually in December.
The City Council shall annually determine whether or not sufficient
revenue is being generated for the effective operation, maintenance,
replacement and management of the treatment works, and whether sufficient
revenue is being generated for debt retirement.
The Council will also determine whether the user charges are
distributed proportionately to each user in accordance with § 51.113(B).
The city shall thereafter, but not later than the end of the year,
reassess and as necessary revise the Sewer Service Charge System then in use
to insure the proportionality of the user charges and to insure the
sufficiency of funds to maintain the capacity and performance to which the
facilities were constructed, and to retire the construction debt.
(B)
In accordance with federal and state requirements, each user will be
notified annually in conjunction with a regular billing of that portion of
the sewer service charge attributable to operation, maintenance and
replacement.
(C)
In accordance with federal and state requirements, the City Clerk shall be
responsible for maintaining all records necessary to document compliance
with the Sewer Service Charge System adopted.
(D)
Bills for sewer service charges shall be rendered on a quarterly basis
succeeding the period for which the service was rendered and shall be due
upon receipt. Any bill not paid
in full 30 days after the due date will be considered delinquent.
At that time the city shall notify the delinquent owner/occupant in
writing regarding the delinquent bill and subsequent penalty.
The penalty shall be computed at 10% of the original bill and shall
be increased the same 10% for every quarter the bill is outstanding.
Disconnection of services for late payment shall follow the
procedures established in § 51.117:
(E)
The owner of the premises shall be liable to pay for the service to their
premises, and the service is furnished to the premises by the city only upon
the condition that the owner of the premises is liable therefore to the
city.
(F)
Any additional costs caused by discharges to the treatment works of toxics
or other incompatible wastes, including the cost of restoring wastewater
treatment services, clean up and restoration of the receiving waters and
environs, and sludge disposal, shall be borne by the discharger of the
wastes, at no expense to the city.
§ 51.117 DISCONNECTION FOR LATE PAYMENT.
(A)
It is the policy of the city to discontinue sewer service to customers by
reason of nonpayment of bills only after notice and a meaningful opportunity
to be heard on disputed bills.
(1)
All bills are due and payable upon receipt.
Any bill not paid within 30 days shall be considered delinquent;
(2)
If any bill is not paid within 30 days of receipt, a second bill will
be mailed containing a cutoff notice that if the bill is not paid within ten
days of the mailing of the second bill, service will be discontinued for
nonpayment; and
(3)
Any customer disputing the correctness of his or her bill shall have
a right to a hearing at which time he or she may be represented in person
and by counsel or any other person of his or her choosing and may present
orally or in writing his or her complaint and contentions to the city
official in charge of utility billing.
This official shall be authorized to order that the customer’s
service not be discontinued and shall have the authority to make a final
determination of the customer’s complaint.
(B)
Requests for delays or waiver of payment will not be entertained; only
questions of proper and correct billing will be considered.
In the absence of payment of the bill rendered or resort to the
hearing procedure provided herein, service will be discontinued at the time
specified, but in no event until the charges have been due and unpaid for at
least 30 days.
(C)
When it becomes necessary for the city to discontinue sewer service to a
customer for nonpayment of bills, service will be reinstated only after all
bills for service then due have been paid, along with a turn-on charge as
established by the Ordinance Establishing Fees and Charges adopted pursuant
to § 30.11 of this Code, as that ordinance may be amended from time to time.
POWERS AND AUTHORITY OF INSPECTORS
§ 51.130 AUTHORIZED EMPLOYEES
PERMITTED TO ENTER ALL PROPERTIES.
The Utilities Superintendent 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 chapter.
§ 51.131 AUTHORIZED EMPLOYEES
OBTAINING INFORMATION FOR INDUSTRIAL PROCESSES.
The Utilities Superintendent or other duly authorized employees are
authorized to obtain information concerning industrial processes which have
a direct bearing on the type and source of discharge to the wastewater
collection 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.
§ 51.132 AUTHORIZED EMPLOYEES TO
OBSERVE SAFETY RULES.
While performing necessary work on private properties, the Utilities
Superintendent or duly authorized employees of the city shall observe all
safety rules applicable to the premises established by the company, and the
property owner shall be held harmless for injury or death to the city
employees and the city shall indemnify the property owner 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 may be
caused by negligence or failure of the company to maintain safe conditions
as required in § 51.087.
§ 51.133 AUTHORIZED EMPLOYEES
PERMITTED TO ENTER ALL PROPERTY WITH EASEMENTS.
The Utilities Superintendent 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 a duly negotiated
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 the easement.
All entry and subsequent work, if any, on the easement shall be done
in full accordance with the terms of the duly negotiated easement pertaining
to the private property involved.
§ 51.999 PENALTY.
(A)
(1)
Any person found to be violating any provisions of §§ 51.001 through
51.094 and 51.130 through 51.133 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.
The offender shall, within the period of time stated in the notice,
permanently cease all violations.
(2)
Any person who shall continue any violation beyond the time limit
provided for in Division (A) of this section shall be punished as provided
in § 10.99. Each day in which
any violation occurs shall be deemed as a separate offense.
(3)
Any person violating any of the provisions of §§ 51.001 through
51.094 and 51.130 through 51.133 shall become liable to the city for any
expense, loss or damage occasioned by the city by reason of that violation.
(B)
(1)
Each and every sewer service charge levied by and pursuant to
§§ 51.110 through 51.118 is made a lien upon the lot or premises served, and
all charges which are on October 31 of each year past due and delinquent
shall be certified to the County Auditor by November 30 as taxes or
assessments on the real estate.
Nothing in §§ 51.110 through 51.118 shall be held or construed as in any way
stopping or interfering with the right of the city to levy as taxes or
assessments against any premises affected any delinquent or past due sewer
service charges.
(2)
As an alternative to levying a lien, the city may, at its discretion,
file suit in a civil action to collect amounts as are delinquent and due
against the occupant, owner or user of the real estate, and shall collect as
well all attorney’s fees incurred by the city in filing the civil action.
Attorney’s fees shall be fixed by order of the court.
(3)
In addition to all penalties and costs attributable and chargeable to
recording notices of the lien or filing a civil action, the owner or user of
the real estate being serviced by the treatment works shall be liable for
interest upon all unpaid balances at the rate of 8% per annum.
Chapter 52: Water Regulations
Section
General Provisions
52.01 General
operation
52.02 Use of
water service
52.03 Use to
circumvent chapter prohibited
52.04 Damage to
water system
52.05
Connections beyond city boundaries
52.06
Connection to system required; use of private wells
52.07 Use of
water for air conditioning; permits
52.08 Use of
water from fire hydrants; temporary connections
52.09 Water
deficiency, shut off and use restrictions
Water Regulations
52.25 Supply
from one service
52.26 Tapping
of mains restricted
52.27 Repairs
52.28 Abandoned
or unused services
52.29
Disconnection permit
52.30 Service
pipes
52.31
Excavation and construction requirements
52.32
Connection to other water supplies restricted
52.33 Water
connections; applications and charges
52.34 Location
of curb stop box
Rates and Charges
52.50 Water
connection
52.51 Rates,
fees and charges generally
52.52 Water
service billing; change of address
52.53 Water
rates
52.54 Payment
of charges; late payment; collection
Administration and Enforcement
52.70
Supervision by Utilities Superintendent; licensing
52.71 Powers
and authority of inspectors
52.72
Discontinuance of service
52.73
Authorized employees to turn water on and off
52.74 Liability
for expense, loss or damage
Cross-reference:
Assessable
current services, see § 92.01
GENERAL PROVISIONS
§ 52.01 GENERAL OPERATION.
The city does hereby make provision for the establishment of a municipal
water system (hereinafter called the water system) to be operated as a
public utility.
§ 52.02 USE OF WATER SERVICE.
No person other than a city employee or authorized individual of the city
shall uncover or make or use any water service installation connected to the
city water system except in the manner provided by this chapter.
No person shall make or use any installation contrary to the
regulatory provisions of this chapter.
Penalty, see § 10.99
§ 52.03 USE TO CIRCUMVENT
CHAPTER PROHIBITED.
No person shall permit water from the water system to be used for any
purpose to circumvent this chapter.
Penalty, see § 10.99
§ 52.04 DAMAGE TO WATER SYSTEM.
(A)
No unauthorized person shall remove or damage any structure, appurtenance,
or part of the water system or fill or partially fill any excavation or move
any gate valve used in the water system.
(B)
No person shall make any connection of an electrical welder to the city
water main, appurtenance or service or use an electric welder for the
purpose of thawing frozen water mains, appurtenances or services.
Penalty, see § 10.99
§ 52.05 CONNECTIONS BEYOND CITY
BOUNDARIES.
Where water mains of the city are in any street or alley adjacent to or
outside the corporate limits of the city, the City Council may issue permits
to the owners or occupants of properties adjacent or accessible to the water
main to make proper water service pipe connections with the water mains of
the city and to be supplied with water in conformity with the applicable
provisions of
this chapter and subject to any contract for the supply of water between the
city and a water supplier.
Penalty, see § 10.99
§ 52.06 CONNECTION TO SYSTEM
REQUIRED; USE OF PRIVATE WELLS.
(A)
Except where municipal water is not available, it shall be unlawful to
construct, reconstruct, or repair any private water system which is designed
or intended to provide water for human consumption.
Private wells, to provide water for other than human consumption, may
be constructed, maintained and continued in use after connection is made to
the water system provided there is no means of cross-connection between the
private well and municipal water supply at any time.
Hose bibbs that will enable the cross-connection of the two systems
are prohibited on internal piping of the well system supply.
Where both private and city systems are in use, outside hose bibbs
shall not be installed on both systems.
(B)
All new homes or buildings shall connect to the municipal water system if
water is available to the property.
At the time as municipal water becomes available to existing homes or
buildings, a direct connection shall be made to the public system within a
period of time as determined by the City Council.
If the connection is not made pursuant to this chapter, a charge
shall be made in an amount established by § 52.51.
(C)
Where new homes or buildings do not have water available to the property,
the city shall determine whether and under what conditions the municipal
water system will be extended to serve the property.
(D)
If the well is not to be used after the time a municipal water connection is
made:
(1)
The well pump and tank shall be disconnected from all internal
piping;
(2)
The casing shall be filled with sandy soil from the bottom to a point
eight feet from the top;
(3)
The remaining eight feet shall be filled with concrete to the floor
level and the well casing cut off as close to the floor level as possible;
(4)
Within 30 days after the municipal water connection is made, the
owner or occupant must advise the City Utilities Superintendent that the
well has been sealed.
(5)
Notwithstanding the foregoing, all well abandonment shall be done in
accordance with M.S. §§ 103I.301 to 103I.345 and Minn. Rules Ch. 4725, Wells
and Borings, as it may be amended from time to time.
Penalty, see § 10.99
§ 52.07 USE OF WATER FOR AIR
CONDITIONING; PERMITS.
(A)
All air conditioning systems which are connected directly or indirectly with
the public water system must be equipped with water conserving and water
regulating devices as approved by the City Engineer or City Utilities
Superintendent.
(B)
Permits shall be required for the installation of all air conditioning
systems to the public water system.
The fee shall be established pursuant to § 52.51.
Penalty, see § 10.99
§ 52.08 USE OF WATER FROM FIRE
HYDRANTS; TEMPORARY CONNECTIONS.
(A)
Use of fire hydrants.
Except for extinguishment of fires, no person, unless authorized by the
Public Works Director or Public Utilities Department, shall operate fire
hydrants or interfere in any way with the water system without first
obtaining a permit to do so from the city as follows:
(1)
A permit to use a fire hydrant shall be issued for each individual
job or contract and for as the city shall determine.
The permit shall state the location of the hydrant and shall be for
the use of that hydrant and none other.
(2)
The user shall make an advance cash deposit to guarantee payment for
water used and to cover breakage and damage to the hydrant and meter, which
shall be refunded upon expiration of the permit, less applicable charges for
use.
(3)
The user shall relinquish the use of the hydrant to authorized city
employees in emergency situations.
(4)
The user shall pay a rental charge as established by the city council
based on gallons of water used.
(B)
Temporary connection to fire hydrants.
An owner of a private water system may make a temporary above ground
connection to a fire hydrant, subject to the time periods, conditions, and
payment specified herein. In
addition, the method of connection to the private system shall conform to
all existing requirements of this chapter and city ordinance and the type of
meter used shall meet the approval of the Utilities Superintendent.
Penalty, see § 10.99
§ 52.09 WATER DEFICIENCY, SHUT
OFF AND USE RESTRICTIONS.
The city shall not be liable for any deficiency or failure in the supply of
water to consumers, whether occasioned by shutting the water off for the
purpose of making repairs or connections or from any other cause whatsoever.
In case of fire, or alarm of fire, or in making repairs of
construction of new works, water may be shut off without notice at any time
and kept off as long as necessary.
In addition, the City Council shall have the right to impose
reasonable restrictions on the use of the city water system in emergency
situations. For non-payment of
charges, water service may be discontinued according to the procedures
established in § 52.72.
WATER REGULATIONS
§ 52.25 SUPPLY FROM ONE SERVICE.
No more than one housing unit or building shall be supplied from one service
connection except by permission of City Council.
Penalty, see § 10.99
§ 52.26 TAPPING OF MAINS
RESTRICTED.
No person, except persons authorized by the City Council, shall tap any
distributing main or pipe of the water supply system or insert stopcocks or
ferrules therein.
Penalty, see § 10.99
§ 52.27 REPAIRS.
(A)
Determination of need for repairs.
Based on the information supplied by the property owner or available
to the city, the city will make a determination whether a problem exists in
that portion of the service which is the city’s responsibility.
If the problem appears to exist in the areas for which the city has
no responsibility, the private owners will be responsible for correction of
the problem.
(B)
Thawing of water services.
The city will attempt to thaw water services on request of the
resident. If the problem is
found within that portion of the service for which the private owner is
responsible, the private owner thereafter will be responsible for thawing
the service and correction of the problem.
(C)
Excavation or repair of water service.
(1)
The city will arrange for the investigative digging up and repair of
any water service where the problem apparently exists within that area for
which the city has responsibility.
(2)
Unless it is clearly evident, however, that the problem is the
responsibility of the city, the excavation and repair will not be made until
the property owner requests the city in writing to excavate or repair the
service and agrees to pay the cost.
(3)
The owner further agrees to waive public hearing and be special
assessed the cost of the excavation and repair if the problem is found to be
other than the city’s responsibility.
The city will make the determination for responsibility of the cost
of investigation or repair.
(4)
The matter of whether the dig up is done by city forces or contracted
would depend on the urgency or need of repair and the availability of city
forces to do the work. Recovery
by the city for faulty construction will depend upon the circumstances and
the decision of the City Attorney on the likelihood of recovery.
(D)
Failure to repair. In
case of failure upon the part of any consumer or owner to repair any leak
occurring in his or her service pipe within 24 hours after verbal or written
notice thereof, the water may be turned off by the city and shall not be
turned on until the leak has been repaired.
Penalty, see § 10.99
§ 52.28 ABANDONED OR UNUSED
SERVICES.
(A)
If the premises served by water have been abandoned, or if the service has
not been used for one year, then the service shall be shut off at the curb
stop box by the city.
(B)
When new buildings are erected on the site of old ones, and it is desired to
increase or change the old water service, no connections with the mains
shall be made until all the old service has been removed and the main taps
plugged or yoked connections installed by the city at the owner’s expense.
Penalty, see § 10.99
§ 52.29 DISCONNECTION PERMIT.
A permit must be obtained to disconnect from the existing water service
leads at the curb stop box.
Penalty, see § 10.99
§ 52.30 SERVICE PIPES.
Every service pipe shall be laid so as to allow at least one foot of extra
length in order to prevent rupture by settlement.
The service pipe must be placed no less than seven feet below the
ground and in a manner as to prevent rupture by freezing.
Service pipes must extend from the curb stop box to the inside of the
building, or if not taken into the building, then to the hydrant or fixtures
which it is intended to supply.
Type K copper tubing shall be used up to and including two-inch services.
All underground joints are to be mechanical, except joints under
floors shall be silver soldered, unless otherwise approved by the Utilities
Superintendent. Joints of copper
tubing shall be kept, to a minimum, with not more than one joint used for
service for each 70 feet in length.
Splicing may be approved with three-piece unions only.
All joints and connections shall be left uncovered until inspected by
the Utilities Superintendent and tested at normal water line pressure.
Unions must be three-part type.
All services over two inches shall be cast iron.
Connections with the mains for domestic supply shall be at least
three-quarter inch up to the curb stop box.
Penalty, see § 10.99
§ 52.31 EXCAVATION AND
CONSTRUCTION REQUIREMENTS.
(A)
No excavation shall be made until a permit for the connection has been
issued by the city.
(B)
No water service pipe or water connection shall be installed in the same
trench or closer than ten feet horizontally to a sewer trench or drain laid,
or to be laid, either in the street or in private property, except that the
water pipe on private property may be in a common trench with a sewer drain
which is of a material that is in conformance with the current Minnesota
Plumbing Code, Minn. Rules Ch. 4715, as it may be amended from time to time.
(C)
Where it is desired to lay the water service pipe and the building sewer
pipe in the same trench, or in separate trenches less than ten feet apart,
the water service pipe shall be above the sewer pipe unless approved by the
City Engineer. It shall be
placed at least one foot above the sewer and on a solid shelf excavated at
one side of the trench. The
sewer pipe shall be of a material that is in conformance with the Minnesota
Plumbing Code with tested watertight joints.
The water service pipe shall be watertight and corrosion resistant.
Copper pipe and cast iron water pipe with specially protected joints
is acceptable for this construction.
Cast iron pipe shall conform to the American Water Works Association
specifications for this pipe.
Bell joint clamps with rubber gaskets are provisionally acceptable as extra
protection for the joints on cast iron water pipe.
In all cases, precautions shall be taken to assure a firm foundation
for the pipes. The intervening space
between the pipes shall be backfilled with compacted earth.
(D)
In case the installation is on a surfaced street, the following shall apply:
All backfill materials shall be mechanically compacted in 12-inch
layers to the density of the adjacent material in the roadway area and to
the existing street grades in accordance with the Minnesota Department of
Transportation Standards.
Complete surface restoration shall be made.
Penalty, see § 10.99
§ 52.32 CONNECTION TO OTHER
WATER SUPPLIES RESTRICTED.
No water pipe of the water system shall be connected with any pump, well,
tank, or piping that is connected with any other source of water supply
except to service municipal systems.
Penalty, see § 10.99
§ 52.33 WATER CONNECTIONS;
APPLICATIONS AND CHARGES.
(A)
Connection applications.
(1)
All applications for service installations and for water service
shall be made to the City Clerk.
All applications for service installations and water service shall be made
by the owner or agent of the property to be served and shall state the size
and location of service connection required.
The applicant shall, at the time of making application, pay to the
city the amount of fees as established by the Ordinance Establishing Fees
and Charges adopted pursuant to § 30.11 of this code, as that ordinance may
be amended from time to time or deposit required for the installation of the
service connection as hereinafter provided.
Applications for services larger than one inch shall be accompanied
by two sets of plans or sketches indicating preferred location of service
pipe and size of service based on building demand.
(2)
The size of the water service connections shall be subject to
approval of the City Engineer or City Utilities Superintendent.
(3)
Water billing shall start after completion of outside piping, and
shall be calculated upon the minimum quarterly rate, prorated on a
semi-monthly basis.
(B)
Connection charges.
(1)
A permit must be obtained to connect to the existing water service
leads at the curb stop box. The
fee for the permit shall be set pursuant to § 52.51.
The city shall install or have installed all service connections from
the water main to the curb stop box including the stop box.
Payment for service connections must be made before the work is
started.
(2)
Additional charges shall be paid at the time of making application
for tapping and making connections with the water main to where a curb stop
box and service lead is not previously installed.
The charge shall include the tapping of the water main, corporation
cocks, the installation of a service line, the installation of a curb stop
box, cost of restoring disturbed areas and all other costs related to the
installation.
(3)
There shall be a connection charge pursuant to § 52.51 levied by the
city to contribute to the payment of the costs of the Public Water System
Facilities. The City Council
shall set by resolution the charges to be made for non-residential
installations.
(4)
When water services have been stopped because of a violation of this
chapter, the city shall collect the fee established to § 52.51 before
service is recommenced.
(5)
If a person desires to connect to the system and service a parcel
that has not been assessed for the cost of water main and lateral
construction, then before a permit is granted, the city shall collect an
amount from the applicant that is established pursuant to § 52.51.
Penalty, see § 10.99
§ 52.34 LOCATION OF CURB STOP
BOX.
Curb stop boxes will be installed on the right-of-way line or easement
limits at a location as determined by the City Engineer to be best suitable
to the property and shall be left in a vertical position when backfilling is
completed. Curb stop boxes will
be installed at an approximate depth of seven feet below the finished ground
elevation and the top of the curb stop box shall be adjusted to be flush
with the finished ground elevation.
Curb stop boxes must be firmly supported by a masonry block.
No person shall erect any fence or plant any tree or other
landscaping that would obstruct the use of the curb stop box, or cause
damage to the same.
Penalty, see § 10.99
RATES AND CHARGES
§ 52.50 WATER
Connection.
All connections to the municipal water system shall be charged a rate for
water service.
§ 52.51 RATES, FEES AND CHARGES
GENERALLY.
The City Council shall
establish a schedule of all water rates, fees and charges for permits or
services in the Ordinance Establishing Fees and Charges adopted pursuant to
§ 30.11 of this Code, as that ordinance may be amended from time to time.
§ 52.52 WATER SERVICE BILLING;
CHANGE OF ADDRESS.
All bills and notices shall be mailed or delivered to the address where
service is provided. If
non-resident owners or agents desire personal notice sent to a different
address, they shall so note on the water service application.
Any change or error in address shall be promptly reported to the City
Clerk.
§ 52.53 WATER RATES.
(A)
The rate due and payable by each user within the city for water taken from
the water system shall be established pursuant to § 52.51.
(B)
Rates due and payable by each water user located beyond the territorial
boundaries of the city shall be determined by special contract.
(C)
Rates shall begin to accrue the first whole month after connection of the
service pipe with the curb stop box.
(D)
In the event a water customer elects to discontinue the use of the municipal
water, the rate shall continue until the end of the month that service is
disconnected at the curb box.
(E)
Owners of rental property shall be responsible of payment of water fees not
paid by the renter.
Penalty, see § 10.99
§ 52.54 PAYMENT OF CHARGES; LATE
PAYMENT; COLLECTION.
(A)
Any prepayment or overpayment of charges may be retained by the city and
applied on subsequent quarterly charges.
(B)
In the event a user fails to pay his or her water user fee within a
reasonable time, the fee shall be certified by the City Clerk and assessed
against the property on which the charges have incurred and forwarded to the
County Auditor for collection.
Penalty, see § 10.99
ADMINISTRATION AND ENFORCEMENT
§ 52.70 SUPERVISION BY UTILITIES
SUPERINTENDENT; LICENSING.
(A)
All piping connections from the curb stop box to house supply piping shall
be made under the supervision of a licensed plumber subject to inspection by
the Utilities Superintendent. The piping connection made to the curb stop
box on the house side shall be inspected by the Utilities Superintendent.
(B)
No person, firm or corporation shall engage in the business of altering,
repairing, installing or constructing municipal water connections within the
city without first obtaining a license from the city to carry on the
occupation. A master plumber
licensed by the state under the provisions of M.S. § 326.40, as it may be
amended from time to time, is exempt from the provisions of this section.
(1)
The applicant shall file with the City Clerk evidence of public
liability insurance, including products liability insurance with limits of
at least $50,000 per person and $100,000 per occurrence and property damage
insurance with limits of at least $10,000.
Evidence of insurance required pursuant to M.S. § 326.40, Subd. 2, as
it may be amended from time to time, shall satisfy this requirement.
(2)
The applicant shall file with the City Clerk a surety bond
guaranteeing the conformance and compliance of work with this chapter.
The bond shall be in the amount of $2,000.
The city shall hold the bond for one year following the license
period. Failure to comply with
provisions and requirements of this chapter shall result in forfeiture of
the bond. The applicant may
comply with the requirements of M.S. § 326.40, Subd. 2, as it may be amended
from time to time in lieu of these requirements.
(3)
Applications for licenses shall be filed with the City Clerk and
shall be reviewed and subject to approval of the city.
(4)
Any installation, construction, alteration of a water connection by a
license in violation of any provision of this chapter or refusal on the part
of a licensee to correct the defective work shall be cause for revocation of
or refusal to renew a license.
This license may be revoked or refused for renewal by the city at any time
for cause which shall be documented in writing.
(C)
All licenses required in this section shall be renewable annually.
Applications for licenses shall be made annually on a form furnished
by the City Clerk. Licenses
shall be in effect from January 1 to December 31 of the same year.
The license fee shall be established pursuant to § 52.51.
(D)
Before any license issued under the provisions of this section may be
revoked or its renewal refused, the licensee shall be given a hearing by the
City Council to show cause why the license should not be revoked or refused.
Notice of the time, place and purpose of the hearing shall be in
writing.
§ 52.71 POWERS AND AUTHORITY OF
INSPECTORS.
The Utilities Superintendent and other duly authorized employees of the
city, upon proper identification, shall be permitted to enter upon all
properties for the purpose of inspections, observation and testing in
accordance with the provisions of this chapter.
§ 52.72 DISCONTINUANCE OF
SERVICE.
(A)
Generally. Water service
may be shut off at any connection whenever:
(1)
The owner or occupant of the premises served or any person working on
any pipes or equipment thereon which are connected with the water system has
violated, or threatens to violate, any of the provisions of this chapter.
(2)
Fraud or misrepresentation by the owner or occupant of the premises
serviced in connection with an application for service.
(B)
Disconnection for late payment.
(1)
It is the policy of the city to discontinue sewer service to
customers by reason of nonpayment of bills only after notice and a
meaningful opportunity to be heard on disputed bills.
(a)
All bills are due and payable upon receipt.
Any bill not paid within 30 days shall be considered delinquent;
(b)
If any bill is not paid within 30 days of receipt, a second bill will
be mailed containing a cutoff notice that if the bill is not paid within ten
days of the mailing of the second bill, service will be discontinued for
nonpayment; and
(c)
Any customer disputing the correctness of his or her bill shall have
a right to a hearing at which time he or she may be represented in person
and by counsel or any other person of his or her choosing and may present
orally or in writing his or her complaint and contentions to the city
official in charge of utility billing.
This official shall be authorized to order that the customer’s
service not be discontinued and shall have the authority to make a final
determination of the customer’s complaint.
(2)
Requests for delays or waiver of payment will not be entertained;
only questions of proper and correct billing will be considered.
In the absence of payment of the bill rendered or resort to the
hearing procedure provided herein, service will be discontinued at the time
specified, but in no event until the charges have been due and unpaid for at
least 30 days.
(3)
When it becomes necessary for the city to discontinue utility service
to a customer for nonpayment of bills, service will be reinstated only after
all bills for service then due have been paid, along with a turn-on charge
as established by the Ordinance Establishing Fees and Charges adopted
pursuant to § 30.11 of this Code, as that ordinance may be amended from time
to time.
(C)
Cold weather rule. Pursuant
to M.S. § 216B.097, as it may be amended from time to time, no service of a
residential customer shall be disconnected if the disconnection affects the
primary heat source for the residential unit when the disconnection would
occur during the period between October 15 and April 15, the customer has
declared inability to pay on forms provided by the city, the household
income of the customer is less that 185% of the federal poverty level as
documented by the customer to the city, and the customer’s account is
current for the billing period immediately prior to October 15 or the
customer has entered into a payment schedule and is reasonably current with
payments under the schedule. The
City Clerk shall, between August 15 and October 15, of each year, notify all
residential customers of these provisions.
§ 52.73 AUTHORIZED EMPLOYEES TO
TURN WATER ON AND OFF.
No person, except an authorized city employee, shall turn on or off any
water supply at the curb stop box.
Penalty, see § 10.99
§ 52.74 LIABILITY FOR EXPENSE,
LOSS OR DAMAGE.
Any person violating any of the provisions of this chapter shall become
liable to the city for any expense, loss or damage occasioned by the city by
reason of the violation.
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