ARTICLE I
DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of the terms used in this Ordinance shall have the meanings hereafter designated:
(a) “Act” — The Federal Water Pollution Control Act,, also referred to as the Clean water Act, as amended, 33 U.S.C. 1251, et seq.
(b) “ASTM” — American Society for Testing Materials.
(c) “Authority” — The City of Mazeppa, Minnesota, or its representative thereof.
(d) “Benefiting Property Owner” — Any residence not currently connected to the City sewer system that would be able to do so by construction of force mains at or near their property.
(e) “BOD(5) or Biochemical Oxygen Demand” — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20° Centigrade in terms of milligrams per liter.
(f) “Building Drain” — That 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 3 ft. outside the building wall.
(g) “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.
(h) “Chemical Oxygen Demand (COD)” — The quantity of oxygen utilized in the chemical oxidation of organic matter as determined by standard laboratory procedures, and as expressed in terms of milligrams per liter (mg/l).
(i) “City” — The area within the corporate boundaries of the City of Mazeppa 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.
(j) “City Sewer System” — An infrastructure of force mains designed to deposit wastewater into the City wastewater treatment plant.
(k) “Compatible Pollutant” — Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES/SDS Permit if the treatment facilities are designed to treat such pollutants to a degree which complies with effluent concentration limits imposed by the permit.
(l) “Control Manhole” — A structure specially constructed for the purpose of measuring flow and/or sampling of wastes.
(m) “Easement” — An acquired legal right for the specific use of land owned by others.
(n) “Fecal Coliform” — Any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
(o) “Floatable Oil” — Oil, fat, or grease in a physical state, such that it will separate by gravity from wastewater.
(p) “Garbage” — Animal and vegetable waste resulting form the handling, preparation, cooking, and serving of food.
(q) “Grinder Pump” — A unit designed to grind solids and discharge wastewater to a force main that deposits sewage into the City wastewater treatment plant.
(r) “Incompatible Pollutant” — Any pollutant that is not defined as a compatible pollutant (see above), including non-biodegradable dissolved solids.
(s) “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.
(t) “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.
(u) “Infiltration” — Water entering the sewage system (including building drains and pipes) from the ground through such means as defective pipes, pipe joints, connections, and manhole walls.
(v) “Infiltration/Inflow (I/I)” — The total quantity of water from both infiltration and inflow.
(w) “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 and inflow.
(x) “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 and/or SDS Permit. The term includes sewage slug use or disposal by the City in accordance with published regulations providing guidelines under Section 405 of the Act or any regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria applicable to the method of disposal or use employed by the City.
(y) “MPCA” — Minnesota Pollution Control Agency.
(z) “National Categorical Pretreatment Standards” — Federal regulations establishing pretreatment standards for introduction of pollutants in publiclyowned wastewater treatment facilities which are determined to be not susceptible to treatment by such treatment facilities or would interfere with the operation of such treatment facilities, pursuant to Section 307(b) of the Act.
(aa) “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.
(bb) “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 groundwater.
(cc) “New Housing Development Wastewater Service Extension Policy” — A policy establishing guidelines the City uses in the investment of City funds relating to wastewater service extensions to new housing developments or existing neighborhoods in City limits.
(dd) “Non-Complying Septic System” — A system which permits sewage effluent to spill upon or pool on the surface of the ground or to discharge into a flowing stream or body of water, or to enter a well, sinkhole, or fissured rock formation.
(ee) “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.
(ff) “Normal Domestic Strength Waste” — Wastewater that is primarily introduced by residential users with a BOD(5) concentration not greater than 300 mg/l and a suspended solids (TSS) concentration not greater than 300 mg/l.
(gg) “Person” — Any individual, firm, company, association, society, corporation, or group.
(hh) “pH” — The logarithm of the reciprocal of the concentration of hydrogen ions in terms of grams per liter of solution.
(ii) “Pretreatment” — The treatment of wastewater from industrial sources prior to the introduction of the waste effluent into a public-owned treatment works. (See (z) above.)
(jj) “Properly Shredded Garbage” — The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch (1.25 cm) in any dimension.
(kk) “ Public Works Director” — The utilities Public Works Director or a deputy, agent, or representative thereof.
(ll) “Residential Development” — An area of land made suitable for more than one residence.
(mm) “Septic System” — System using a tank in which solid sewage is disintegrated by bacteria, allowing the wastewater to seep into ground or drain fields.
(nn) “Sewage” — The spent water of a community. The preferred term is “wastewater”.
(oo) “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) “Combined Sewer” — a sewer intended to serve as a sanitary sewer and a storm sewer.
3) “Force Main” — a pipe in which wastewater is carried under pressure.
4) “Interceptor Sewer” — a sewer whose primary purpose is to transport wastewater form collection sewers to a treatment facility.
5) “Private Sewer” — a sewer which is not owned and maintained by a public authority.
6) “Public Sewer” — a sewer owned, maintained, and controlled by a public authority.
7) “Sanitary Sewer” — a sewer intended to carry only liquid and watercarried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters which are not admitted intentionally.
8) “Storm Sewer or Storm Drain” — a drain or sewer intended to carry storm waters, surface runoff, groundwater, subsurface water, street wash water, drainage, and unpolluted water from any source.
(pp) “Shall” is mandatory; “May” is permissive.
(qq) “Significant Industrial User” — Any industrial user of the wastewater treatment facility which has a discharge flow (1) in excess of 25,000 gallons per average work day, or (2) has exceeded 5% of the total flow received at the treatment facility, or (3) whose waste contains a toxic pollutant in toxic amounts pursuant to Section 307(a) of the Act, or (4) whose discharge has a significant effect, either singly or in combination with other contributing industries, on the wastewater disposal system, the quality of slug, the system’s effluent quality, or emissions generated by the treatment system.
(rr) “Slug” — Any discharge of water or wastewater which in concentration of any given constituent, or in quantity of flow, exceeds for any period of duration longer than 15 minutes, more than 5 times the average 24-hr. concentration of flows during normal operation, and shall adversely affect the collection and/or performance of the wastewater treatment works.
(ss) “State Disposal System (SDS) Permit” — Any permit (including any terms, conditions, and requirements thereof) issued by the MPCA pursuant to Minnesota Statutes Sec. 115.07 for a disposal system as defined by Minnesota Statutes Sec. 115.01, Subd. 8.
(tt) “Public Works Director” — the utilities Public Works Director or a deputy, agent, or representative thereof.
(uu) 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.
(vv) “Toxic Pollutant” — 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.
(ww) “ 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. (See “Non-Contact Cooling Water” above.)
(xx) “User” — Any person who discharges or causes or permits the discharge of wastewater into the City’s wastewater disposal system.
(yy) “Wastewater” — The spent water of a community; sometimes 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 groundwater, surface water, and storm water that may be present.
(zz) “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 such treatment.
(aaa) “Watercourse” — a natural or artificial channel for the passage of water, either continuously or intermittently.
(bbb) “ WPCF” — The Water Pollution Control Federation.
ARTICLE II
CONTROL BY THE UTILITIES PUBLIC WORKS DIRECTOR
The Public Works Director 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 Ordinance to the end that a proper and efficient public sewer is maintained.
ARTICLE III
UNLAWFUL USES
Section 1.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under jurisdiction, any human garbage or objectionable waste.
Section 2.
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 ordinance and the City’s NPDES/SDS Permit.
Section 3.
Except as otherwise provided hereinafter, 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.
Section 4.
The owner(s) 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 rightof-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. The owner(s) shall make such connection with the sanitary sewer within 30 days after written notice is given to such owner to install such service connection. The written notice shall be prepared and delivered by the City Clerk on order of the Council. All future buildings constructed on property adjacent to the public sewer shall be required to immediately connect to the public sewer.
After such installation and connection is completed by order of the Council, the City Clerk shall serve a written notice of the hookup assessment upon the owner or his representative directing him to pay to the City Treasurer said hookup assessment within 10 days after service of said notice. If such hookup assessment is not paid within 10 days, the City Clerk shall certify the amount thereof to the County Auditor for collection in the same manner as other special assessments, and the same shall become a lien upon said property until paid; provided that the City Council may, by resolution, provide that the hookup assessment be spread over a term of 3 years upon request of the owner of the property or his representative. In addition to all such hookup assessment charges previously levied by the City Council, from and after October 5, 1987 there shall be an additional hookup assessment in the amount of $787.29 as a result of the 1987 Mazeppa Wastewater Treatment Facility Improvement Assessment Project. No landowner who has been assessed a special assessment for the Wastewater Treatment Facility Improvement Assessment Project shall be required to pay the hookup assessment described above.
Section 5.
In the event an owner shall fail to connect to a public sewer in compliance with a notice given under Article III, Section 4 of the ordinance, the City must undertake to have said connection made and shall assess the cost thereof against the benefited property. Such assessment shall be made pursuant to Chapter 429, Minnesota Statutes, and when levied, shall bear interest at the rate determined by the City Council and shall be certified to the Auditor of the County of Wabasha, Minnesota 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 ordinance.
ARTICLE IV
PRIVATE WASTEWATER DISPOSAL
Section 1.
With the exception of Valley Heights Subdivision in the City, no septic systems of any kind will be constructed in the Mazeppa city limits. All wastewater must be handled by a City-engineered sewer system.
Valley Heights Subdivision is specifically excepted from the requirement because the City gave permission to use septics temporarily because of the distance from the subdivision to the City sewer mains. Such permission was given prior to the adoption of the restriction at the time the subdivision was platted.
All septic systems in Valley Heights Subdivision shall be discontinued at the earlier of: 1) when sanitary system mains are constructed to access Valley Heights Subdivision, or 2) the year 2020, whichever occurs first.
Section 2.
In September, 2020 or at such time as Wabasha County, the State of Minnesota, or the United States government(s) mandate, septic systems will be shut down in the City. All commercial and residential dwellings will be connected to a Cityengineered sewer system.
Section 3. New Developments.
All new developments will be connected to the City sewer system. Force mains will be constructed throughout developments, and lift station(s) will be installed as necessary. Costs will be charged back to the developer and/or benefiting property owners. The New Housing Development Wastewater Service Extension Policy provides some funding for those developments that meet criteria. If a grinder pump is needed from dwelling sites to the City sewer main, the expense will be borne by the property owner.
Section 4. Existing Neighborhood Connected to City Sewer System.
New commercial or residential dwellings will be required to connect to the City sewer system. Property owner will be responsible for hook-up fee and labor/materials necessary to connect a private system to the City sewer main. If a grinder pump is needed from the dwelling site to the main, the expense will be borne by the property owner.
Existing septic systems will not be replaced. When a septic system fails, the property owner will be required to connect to the City sewer system. Property owner will be responsible for hook-up fee and labor/materials necessary to connect a private system to the City sewer main. If a grinder pump is needed from the dwelling site to the main, the expense will be borne by property owner.
Section 5. Existing Neighborhood Not Connected to City Sewer System.
If a new commercial or residential dwelling is constructed in an area not yet serviced by City sewer, all property owners in the neighborhood will be affected. The property owner of the new dwelling will be required to connect to the City sewer system. This will necessitate the extension of a City sewer main (gravity flow with lift station(s), as necessary) through the neighborhood. The costs of extending the main line through the neighborhood will be charged back to all benefiting property owners by special assessment. Property owner(s) will be responsible for hook-up fee and labor/materials necessary to connect their private system to the City sewer main. If a grinder pump is needed from the dwelling site to the main, the expense will be borne by the property owner. The New Housing Development Wastewater Service Extension Policy is available to those neighborhoods that meet criteria.
Existing septic systems will not be replaced. When a septic system fails in an area not yet serviced by the City, all benefiting property owners will be affected. The property owner with the failed system will be required to connect to the City sewer system. This will necessitate the extension of a City sewer main (gravity flow with lift station(s) as necessary) through the neighborhood. The costs of extending the main line through the neighborhood will be charged back to all benefiting property owners by special assessment. Property owner(s) will be responsible for hook-up fee and labor/materials necessary to connect their private system to the City sewer main. If a grinder pump is needed from dwelling site to the main, the expense will be borne by the property owner. The New Housing Development Wastewater Service Extension Policy is available to those neighborhoods that meet criteria.
This section shall not apply to Valley Heights Subdivision for the reasons set forth in Section 1 above.
Section 6. Septic System Maintenance.
A system which permits sewage effluent to spill upon or pool on the surface of the ground or to discharge into a flowing stream or body of water, or to enter a well, sinkhole, or fissured rock formation will be deemed a non-complying septic system and will be condemned. Septic tanks shall be subject to inspection by the Wabasha County Zoning Administrator. The Zoning Administrator may collect samples for laboratory examination as deemed necessary. No person shall molest or resist the Zoning Administrator in the discharge of his or her duty in the protection of the public health.
Section 7. Method of Notification.
(a) New residential developments — when developers contact the City to express their interest in developing real estate, the City Clerk shall inform them of this policy.
(b) New dwelling or existing dwelling with failed septic system in neighborhood with existing City sewer system — shall be notified during building permit process or upon notification that owner’s septic system is failing.
(c) New dwelling or existing dwelling with failed septic system in neighborhood without City sewer service — property owner shall be notified during building permit process or upon notification that owner’s septic system is failing. The City shall notify other benefiting parties and proceed with feasibility studies and public hearings per standard City policy regarding special property assessments.
(d) Shutdown of all septic systems — property owners shall receive notification in 2018 (2 years before mandated shutdown in September, 2020) or sooner if mandated by County, State, or Federal government. The City shall proceed with feasibility studies and public hearings per standard City policy regarding special property assessments.
ARTICLE V
BUILDING SEWERS AND CONNECTIONS
Section 1.
Any new connection(s) 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, BOD(5), and suspended solids as determined by the Public Works Director.
Section 2.
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereto without first obtaining a written permit from the City.
Section 3.
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.
Section 4.
There shall be 2 classes of building sewer permits: (a) for residential and commercial service, and (b) 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 types of activity.
Section 5.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the City from any loss or damage that may be directly or indirectly occasioned by the installation of the building sewer.
Section 6.
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, courtyard, 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 such connection aforementioned.
Section 7.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Public Works Director or his representative, to meet all requirements of this ordinance.
Section 8.
The size, slopes, alignment, materials of construction of a building sewer and 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 of Minnesota Building and Plumbing Code or other applicable rules and regulations of the City. In the absence of code provisions or in the amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and SPCF Manual of Practice No. 9 shall apply.
Section 9.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
Section 10.
No person(s) shall make connections of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or indirectly to the wastewater disposal system.
Section 11.
The connection of the building sewer into the public sewer shall conform to the requirements of the State of Minnesota Building and Plumbing Code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such 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.
Section 12.
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 Public Works Director or authorized representative thereof.
Section 13.
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.
Section 14.
No person shall make a service connection with any public sewer unless regularly licensed under this chapter to perform such work, and no permit shall be granted to any person except such regularly licensed person.
Section 15.
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 Public Works Director for recommendations to the Council. If approved by the Council, such license shall be issued by the City Clerk upon the filing of a bond as hereinafter provided.
Section 16.
No license shall be issued to any person until a $1,000 bond 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 he licensee’s employment for any purpose whatever, and that the licensee will replace and restore the street and alley over such opening to the condition existing prior to installation, adequately guarded with barricades and lights, and will keep and maintain the same to the satisfaction of the Public Works Director and shall conform in all respects to the rules and regulations of the Council relative thereto and pay all fines that may be imposed on the licensee by law.
Section 17.
The license/hookup fee for making service connections is $1,000.00 per new sewer connection and shall be paid in full to the City Clerk before sewer service is furnished by the City to the new connection.
Section 18.
The Council may suspend or revoke any license issued under this article for any of the following causes:
(a) giving false information in connection with the application for a license;
(b) incompetence of the licensee;
(c) willful violation of any provisions of this Article of any rule or regulation pertaining to the making of service connections. Revocation or suspension shall be done only after hearing before the City Council. The City Clerk shall give notice of said hearing by personal service or certified mail at least 10 days prior to said hearing. At said hearing, the license holder shall have the right to be represented by counsel, call witnesses on his behalf, and cross-examine witnesses called by the City.
ARTICLE VI
USE OF PUBLIC SERVICES
Section 1.
No person(s) shall discharge or cause to be discharged any unpolluted water such as storm water, groundwater, roof runoff, surface drainage, or non-contact cooling water to any sanitary sewer.
Section 2.
Storm water and all other unpolluted drainage shall be discharged to such 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.
Section 3.
No person(s) 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 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, 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 he 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.
Section 4.
The following described substances, materials, water, or wastes shall be limited in discharge 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/or soil, vegetation and groundwater, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Public Works Director may set limitations lower than limitations established in the regulations below if, in his opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability of wastes, the Public Works Director will give consideration to such 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 and/or SDS Permit, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. 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 Public Works Director are as follows:
(a) Any wastewater having a temperature greater than 150° F. (65.6° C.) or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104° F. (40° C.), or having heat in amounts which will inhibit biological activity in the wastewater treatment works resulting in interference therein.
(b) Any 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 32° F. and 150° F. (0° C. and 65.6° C.); and any wastewater containing oil and grease concentrations of mineral origin of greater than 100 mg/l, whether emulsified or not.
(c) Any quantities of flow, concentrations, or both which constitute a “slug” as defined herein. (See Article I for definition.)
(d) Any garbage not proprely shredded, as defined in Article I. 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.
(e) 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.
(f) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(g) Non-contact cooling water or unpolluted storm water, storm drainage, or groundwater.
(h) Wastewater containing inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in such quantities that would cause disruption with the wastewater disposal system.
(i) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Public Works Director in compliance with applicable State or Federal regulations.
(j) Any waters or wastes containing the following substances to such degree that any such material received in the composite wastewater at the wastewater treatment works in excess of limitations set by the Public Works Director for such materials:
Arsenic, Cadmium, Copper, Cyanide, Lead, Mercury, Nickel, Silver, Total Chromium, Zinc
Phenoloic compounds which cannot be removed by the City wastewater treatment system.
(k) Any wastewater which creates conditions at or near the wastewater disposal sytem which violates any statute, rule, regulation, or ordinance of any regulatory agency or State or Federal regulatory body.
(l) Any waters or wastes containing BOD(5) or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment works, except as may be permitted by specific written agreement subject to the provisions of Section 17 of this Article.
Section 5.
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 Section 4 of this Article, and/or which in the judgment of the Public Works Director may have a deleterious effect upon the wastewater treatment facilities, processes, or equipment; receiving waters and/or soil, vegetation and groundwater; or which otherwise create a hazard to life or constitute a public nuisance, the City may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to Section 307(b) of the Act and all addendums thereof;
(c) Require control over the quantities and rates of discharge, and/or
(d) Require payment to cover the added costs of handling, treating, and disposing of wastes not covered by existing taxes or sewer service charges.
If the City permits the pretreatment or equalization of waste flows, the design, installation, and maintenance of the faciliites 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.
Section 6.
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 Sections 3 and 4 of this Article, or contained in the National Categorical Pretreatment Standards or any State requirements.
Section 7.
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(s).
Section 8.
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Section 4(b), any flammable wastes as specified in Section 3(a), sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type to be readily and easily accesssible for cleaning and inspection. In the maintenance of these interceptors, the owner(s) shall be responsible for the proper removal and disposal of the captured materials by appropriate means and shall maintain a record of dates and means of disposal which are subject to review by the Public Works Director. Any removal and hauling of the collected materials not performed by the owner’s personnel must be performed by a currently licensed waste disposal firm.
Section 9.
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 such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of wastes. Such 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 expense and shall be maintained by the owner to be safe and
accessible at all times.
Section 10.
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 Ordinance and any special condition for discharge established by the City or regulator 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 such times and in such manner as prescribed by the City. The owner shall bear the expense of all measurements, analyses, and reporting required by the City. At such times as deemed necessary, the City reserves the right to take measurements and samples for analysis by an independent laboratory.
Section 11.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, duration, and frequencies are to be determined on an individual basis subject to approval by the Public Works Director.
Section 12.
Where required by the City, the owner of any property serviced by a sanitary sewer shall provide protection from an accidental discharge of prohibited materials or other substances regulated by this Ordinance. Where necessary, facilities to prevent accidental discharges of prohibited materials shall be provided and maintained at the owner’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Public Works Director for review and approval prior to construction of the facility. Review and approval of such plans and operating procedures shall not relieve any user from the responsibility to modify the user’s facility as necessary to meet the requirements of this Ordinance. Users shall notify the Public Works Director immediately upon having a slug or accidental discharge of substances of wastewater in violation of this ordinance to enable counter-measures to be taken by the Public Works Director to minimize damage to the wastewater treatment works. Such notification will not relieve any user of any liability for any expense, loss, or damage to the wastewater treatment system or treatment process or for any fines imposed on the City on account thereof under any State and Federal law. Employers shall insure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure.
Section 13.
No person having charge of any building or other premises which drains into the public sewer shall permit any substance or matter which may form a deposit or obstruction to flow or pass into the public sewer. Within 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 such other work as the Public Works Director 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 60 days, the Public Works Director may cause such work to be completed at the expense of the owner or representative thereof and the costs
assessed to the owner pursuant to Minnesota Statutes Chapter 429.
Section 14.
Whenever any service connection becomes clogged, obstructed, broken, or out of order, or detrimental to the use of the public sewer or unfit for the purpose of drainage, the owner shall repair or cause such work to be done as the Public Works Director may direct. Each day after 3 days that a person neglects or faills to so act shall constitute a separate violation of this section, and the Public Works Director may then cause the work to be done and recover from such owner or agent the expense thereof with the costs assessed to the owner pursuant to Minnesota Statutes Chapter 429.
Section 15.
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 builidng drain system to prevent grease, oil, dirt, or any mineral deposit from entering the public sewer system.
Section 16.
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 such person and may collect such assessment as an additional charge for the use of the public sewer system or in any other manner deemed appropriate by the City.
Section 17.
No statement contained in this Article 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 therefor by the industrial concern, providing that National Categorical Pretreatment Standards and the City’s NPDES and/or State Disposal System Permit limitations are not violated.
ARTICLE VII
No person(s) 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.
ARTICLE VIII
Each user of the sewer service shall pay the charge(s) applicable to the type of service and in accordance with the provisions set forth in Ordinance No. 20-1.
ARTICLE IX
POWERS AND AUTHORITY OF INSPECTORS
Section 1.
The Public Works Director or other duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observations, measurement, sampling, and testing pertinent to the discharges to the City’s sewer system in accordance with the provisions of this Ordinance.
Section 2.
The Public Works Director 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.
Section 3.
While performing necessary work on private properties, the Public Works Director or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted agtainst the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article VI, Section 9 of this Ordinance.
Section 4.
The Public Works Director 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 said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
ARTICLE X
PENALTIES
Section 1.
Any person found to be violating an order of the City Council issued pursuant to this Ordinance or who violates any provision of this Ordinance or who violates an order, rule, regulation, or permit issued pursuant to this Ordinance shall be guilty of a misdemeanor.
Section 2.
Each day in which any such violation occurs shall be deemed as a separate offense.
Section 3.
Any person violating any provision of this Ordinance shall become liable to the City for any expense, loss, or damage occasioned by the City by reason of such violation. In addition, the City may recover reasonable attorney’s fees, court costs, and other expenses of litigation in any civil action brought by the City to recover its out-of-pocket expenses pursuant to said violation.
ARTICLE XI
VALIDITY
Section 1.
This Ordinance shall be in full force and take effect from and after its passage and approval and publication as provided by law.
Section 2.
All other ordinances and parts of other ordinances inconsistent or in conflict with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.