City Code (cont.)
__________
*Charter
references: Public
ownership and operation of utilities, ch. 11.
Cross
references: Buildings and
building regulations, ch. 18; treatment of utilities during moving of building,
§ 18-38; treatment of utilities during wrecking of building, § 18-70;
plumbing, § 18-131 et seq.; water softener and water filtering equipment
installers, § 22-536 et seq.; sewer and water main service lateral
installation, § 50-6; utilities and drainage in subdivisions, § 54-135.
State
law references: Authority
to build and maintain waterworks systems and sewage disposal plants, M.S.A. §
444.075.
__________
The
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Company,
grantee, and franchisee
means any public utility system to which a franchise has been granted by the
city.
Consumer
and customer means any
user of a utility.
Municipal
utility means any
city-owned utility system, including but not by way of limitation water and
sewer service.
Service
means providing a particular utility to a customer or consumer.
Utility
means all utility services, whether the services are city-owned facilities or
furnished by public utility companies.
(Code
1980, § 3.01)
Cross
references: Definitions
generally, § 1-2.
Provisions
of this chapter relating to municipal utilities shall constitute portions of the
contract between the city and all consumers of municipal utility services, and
every such consumer shall be deemed to assent to the contract. All future
contracts between franchisees and consumers of utility services, other than
municipal, shall be in strict accord with this chapter.
(Code
1980, § 3.03)
Ownership
of all municipal utilities, plants, lines, mains, extensions and appurtenances
thereto shall be and remain in the city, and no person shall own any part or
portion thereof. However, private facilities and appurtenances constructed on
private property are not intended to be included in municipal ownership.
(Code
1980, § 3.20, subd. 4)
The
city has the right to enter in and upon private property, including buildings
and dwelling houses, in or upon which is installed a municipal utility or
connection therewith, at all times reasonable under the circumstances, for the
purpose of reading utility meters, for the purpose of inspection and repair of
meters or a utility system or any part thereof and for the purpose of connecting
and disconnecting service.
(Code
1980, § 3.20, subd. 5)
(a)
Fixing by resolution. All rates and charges for municipal
utilities, including but not by way of limitation rates for service, permit
fees, connection and meter reading fees, disconnection fees, reconnection fees
including penalties for nonpayment if any, shall be fixed, determined and
amended by the council and adopted by resolution. Such resolution, containing
the effective date thereof, shall be kept on file and open to inspection in the
office of the city clerk and shall be uniformly enforced.
(b)
Actual consumption rates.
(1)
The rate for sewer and water charged a person 65 years of age or more who
is totally and permanently disabled with a total annual income, including the
income of a spouse if married, below a level to be established by separate
resolution of the council, shall be based on the actual consumption of water,
including sewer services, if the usage is less than 1,000 cubic feet per quarter
provided an affidavit described in this subsection is filed.
(2)
Such person may obtain the rate by filing at the city office an affidavit
on a form furnished by the city at such place prescribed by the city manager,
stating the total income received, including earned and nonearned income; social
security; pension; and any other benefits received for the preceding calendar
year. The reduced rate shall then be charged for each billing period commencing
30 days or more after the filing of the affidavit for the fiscal year commencing
July 1 of each year. Affidavit for the continuation of the reduced rate must be
filed before June 1 of each year.
(3)
The surviving spouse of a deceased individual who files an affidavit
under this subsection and who has been declared an eligible recipient prior to
his death shall be entitled to continue receiving the benefit of this section if
under age 65.
(4)
Also eligible for this benefit are totally disabled persons meeting
income provisions of this section; the term "disabled" being as
defined by the social security act in force at the time the question is raised.
(Code
1980, § 3.02)
All
municipal utilities shall be billed monthly or as set by council resolution, and
a utilities statement shall be mailed to each consumer. All utilities charges
shall be delinquent if they are unpaid at the close of business on the 30th day
following such billing. If the 30th day shall fall on a Saturday, Sunday or
legal holiday, the time shall be extended to the close of business on the next
succeeding day on which business is normally transacted. A penalty of five
percent thereof shall be added to and become part of all delinquent utility
bills. If service is suspended due to delinquency, it shall not be restored at
that location until a reconnection charge has been paid for each utility
reconnected, in addition to amounts owed for service and penalties.
(Code
1980, § 3.20, subd. 1)
Application
for municipal utility services shall be made upon forms supplied by the city and
strictly in accordance therewith. No connection shall be made until consent has
been received from the city to make the connection. All municipal utilities
shall be sold and delivered to consumers under the then-applicable rate applied
to the amount of such utilities taken as metered or ascertained in connection
with such rates.
(Code
1980, § 3.20, subd. 2)
(a)
All municipal utilities may be shut off or discontinued whenever it is
found that:
(1)
The owner or occupant of the premises served or any person working on any
connection with the municipal utility systems has violated any requirement of
this Code relative thereto or any connection therewith;
(2)
Any charge for a municipal utility service or any other financial
obligation imposed on the present owner or occupant of the premises served is
unpaid after due notice and opportunity for hearing as set forth in subsection
(b) of this section; or
(3)
There is fraud or misrepresentation by the owner or occupant in
connection with any application for service or delivery or charges therefor.
(b)
Shutoff for nonpayment.
(1)
In any case where satisfactory arrangements for payment have not been
made, the city may, after the following procedural requirements have been
complied with, discontinue service to the delinquent customer by shutting off
the water at the stop box. When water service to any premises has been
discontinued, service shall not be restored except upon the payment of all
delinquent amounts due plus a fee for disconnection and reconnection.
(2)
Water shall not be shut off under subsection (b)(1) of this section until
notice and an opportunity for a hearing have first been given the occupant for
the premises involved. The notice shall be mailed to the address of the occupant
and shall state that if payment is not made before a date stated in the notice
but not less than seven days after the date on which the notice is given, the
water supply to the premises will be shut off. The notice shall clearly inform
the customer of the available opportunities to present to the city his
objections to the bill, and shall identify the telephone number, address and
officer or employee who will handle the customer's complaint and who has the
authority to review the facts and files, to correct any errors in the billing
and to arrange for credit terms. The notice shall also state that the occupant
may before such date demand a hearing on the matter, in which case the supply
will not be cut off until after the hearing is held. If the customer requires a
hearing before the date specified, a hearing shall be held on the matter by the
city manager or his designee at least one week after the date on which the
request is made. If as a result of the hearing, the city manager or his designee
finds that the amount claimed to be owing is actually due and unpaid and that
there is no legal reason why the water supply of the delinquent customer may not
be shut off in accordance with this section, the city may shut off the supply.
(Code
1980, § 3.20, subd. 3)
All
water service shall be supplied through a meter which shall accurately measure
the amount of water supplied to any consumer. The consumer shall supply a safe
and proper place for the installation of such meter. Meters shall be tested for
accuracy by the city upon the request of any consumer who believes his meter to
be inaccurate.
(Code
1980, § 3.20, subd. 6)
(a)
It is unlawful for any person to willfully or carelessly break, injure,
mar, deface, disturb or in any way interfere with any buildings, attachments,
machinery, apparatus, paving over, equipment, fixture or appurtenance of any
municipal utility or municipal utility system or commit any act tending to
obstruct or impair the use of any municipal utility. Anyone intentionally
causing such damage shall pay the reasonable value thereof to the city,
including labor for renewal and installation of any equipment, and shall be, in
effect, an insurer of any equipment in his possession or with which he comes in
contact.
(b)
It is unlawful for any person to make any connection with, to make any
opening into, to use or to alter in any way any municipal utility system without
first having applied for and received written permission from the city.
(c)
It is unlawful for any person to turn on or connect a utility when the
utility has been turned off or disconnected by the city for nonpayment of a bill
or for any other reason.
(d)
It is unlawful for any person to "jumper" or by any means or
device fully or partially circumvent a municipal utility meter or to knowingly
use or consume unmetered utilities or use the services of any utility system,
the use of which the proper billing authorities have no knowledge.
(Code
1980, § 3.20, subd. 7)
(a)
Payment for service and charges provided for municipal utilities shall be
the primary responsibility of the owner of the premises served and shall be
billed to him unless otherwise authorized in writing by the tenant and owner and
consented to by the city. The city may collect the charges in a civil action or,
in the alternative and at the option of the city, as otherwise provided in this
section.
(b)
Each such charge is made a lien upon the premises served. All such
charges which are, on September 30 of each year, more than 30 days past due may
be certified by the city clerk to the county auditor between October 1 and 10 of
each year, and the city clerk in so certifying such charges to the county
Auditor shall specify the amount thereof, the description of the premises served
and the name of the owner thereof. The amount so certified shall be extended by
the auditor on the tax rolls against such premises in the same manner as other
taxes and collected by the county treasurer and paid to the city along with
other taxes.
(Code
1980, § 3.20, subd. 8)
No
permit shall be granted to tap or connect with sewer or water mains when any
assessment or connection charge for such sewer or water main against the
property to be connected is in default or delinquent. If such assessment or
connection charges are payable in installments, no permit shall be granted
unless all installments then due and payable have been paid.
(Code
1980, § 3.21)
Secs.
66-13--66-40. Reserved.
All
piping, connections and appurtenances for water service shall be installed and
performed strictly in accordance with the state plumbing code. Failure to
install or maintain the piping, connections and appurtenances in accordance
therewith or failure to have or permit required inspections shall, upon
discovery by the city, be an additional ground for termination of water service
to any consumer.
(Code
1980, § 3.40, subd. 22)
Water
service shall be furnished only after proper application has been made and
connection fees paid in full.
(Code
1980, § 3.40, subd. 23)
All
applications for the introduction of water into any premises or for the
extension of any water pipe shall be made by the owner or by some person duly
authorized in writing by the owner. The application shall state all the purposes
for which water is required and the number and size of the taps and water
meters.
(Code
1980, § 3.40, subd. 6)
The
applicant for water service shall agree to be bound by such rules governing the
use of water as may be in force. Upon payment to the city of the cost of making
the tap and putting in the corporation cock and the cost of a meter for a new
service, the building inspector shall issue a permit directing the utilities
superintendent, upon receipt of the permit properly filled out and accompanied
by a street opening permit from the city engineer, to tap the water main and let
a duly authorized person make the desired connection to the corporation cock.
When work is not started within 30 days after the issuance of any permit called
for in this section, such permit shall become void and shall be returned for
cancellation. Street opening permits shall be taken out on the same day that the
connecting permit is issued. A connecting permit shall be required even though
no tap is necessary when the service is already stubbed into the boulevard or
property.
(Code
1980, § 3.40, subd. 7)
(a)
All water meters are to be set and removed by utilities department
personnel only. Plumbers shall provide piping and a valve on each side of the
meter for a proper setting in accordance with utilities department regulations
and shall notify the utilities department that the installation is ready for
meter setting. No plumber shall supply or set a jumper or piece of pipe for the
purpose of supplying water across a meter setting. A plumber may put in a jumper
for purposes of pipe testing only, which shall be removed as soon as the test is
completed. No such jumper shall be left in place for testing purposes during any
period that he or his employees are not on the job.
(b)
On a new service or an increase or decrease in size of a service, a meter
charge shall be made to cover the cost of the meter and handling. The meter when
placed in service shall be the property of the utilities department, and the
utilities department shall be responsible for maintenance and repair of the
meter. However, any installed meter allowed to freeze or through which steam or
hot water has run and it has been damaged thereby or any meter that is tampered
with, physically damaged or mistreated in an installed service shall be repaired
or replaced by the utilities department and charged to the property served. Such
repair or replacement may be added to the water bill and, if delinquent, shall
be collected in the same manner as delinquent water bills. The utilities
department shall pay the cost of replacement of a water meter when such meter in
service becomes uneconomical to repair due to normal wear and use.
(c)
The utilities superintendent shall have the right to require an owner to
purchase a larger meter if the use through the meter is so great as to cause
undue meter wear and is beyond the normal water capacity. When a larger meter is
necessary on an existing service, the utilities superintendent may allow an
equivalent credit for the old meter based on the cost of that size meter at the
time of change and on straight line depreciation over a 20-year life expectancy.
(d)
All meters through which city water is supplied shall be installed by a
plumber or qualified person in a frost-free location, inside of the building in
which such water is used and in such place as to be satisfactory to the
utilities superintendent. Meters shall be in such location and condition as to
be accessible for reading or repair at all reasonable times. Meters otherwise
placed shall be subject to change or removal upon order of the utilities
superintendent.
(e)
Consumers or building owners wanting to reduce the size of the original
water meter for the purpose of cutting down the standby water and sewer user
charges shall pay a meter charge to cover the cost of the meter and handling.
The property owner shall also be responsible for having a plumber make changes
to the meter setting to accommodate the smaller meter. The utilities
superintendent may allow credit for the original meter based on the cost of that
size meter at the time of change. The credit shall be based on a straight line
depreciation using a life expectancy of 20 years.
(Code
1980, § 3.40, subds. 10, 12)
The
utilities superintendent may allow the installation of submeters or auxiliary
meters to meter water being discharged to storm drainage facilities or to meter
water to various tenants or uses within a building. Such meters shall be owned,
maintained, repaired and replaced if necessary by the property owner. Only one
billing will be made on a master meter, and the owner will be responsible for
splitting any bills based on auxiliary meters. The city assumes no
responsibility for the reading of auxiliary meters. A charge in an amount
adopted by resolution of the council shall be added to each quarterly bill for
reading an auxiliary meter for water use and computing a split in a water or
sewer bill. Within a multiuse building, a master meter is not required, provided
a manifold and individual meters are placed for each family, unit or use; in
which case, the normal water and sewer rate shall apply to each family, unit or
use, and individual billing shall be made to the owner for each unit or use. The
provisions regarding original meter, maintenance and replacement shall apply the
same as for an individual service. Each condominium and townhouse unit shall
have a separate water service line for each water meter.
(Code
1980, § 3.40, subd. 11)
The
city is not liable for any deficiency or failure in the supply of water to
customers, whether occasioned by shutting the water off for the purpose of
making repairs or connections or by any other cause whatever. In case of fire or
alarm of fire, water may be shut off to ensure a supply for firefighting. In
making repairs or construction of new works, water may be shut off at any time
and kept off as long as may be necessary to complete repairs or make temporary
extensions in construction of new works.
(Code
1980, § 3.40, subd. 1)
It
is the responsibility of the consumer or owner to maintain the water service
pipe from the curb stop into the house or other building. If any consumer or
owner fails to repair any leak occurring in his service pipe within 24 hours
after oral or written notice has been given to the owner or occupant of the
premises, the water may be shut off and will not be turned on until a
reconnection charge has been paid and the water service has been repaired. When
the waste of water is great or when damage is likely to result from the leak,
the water shall be turned off if the repair is not begun immediately.
(Code
1980, § 3.40, subd. 2)
All
service installations connected to the water system that have been abandoned or,
for any reason, have become useless for further service shall be disconnected at
the main. The owner of the premises, served by this service, shall pay the cost
of the excavation and disconnect. The city shall perform the actual
disconnection, and all pipe and appurtenances removed from the street
right-of-way shall become the property of the city. When new buildings are
erected on the site of old ones and it is desired to increase the size of the
water service, a new permit shall be taken out and the regular tapping charge
shall be made as if this were a new service. It is unlawful for any person to
cause or allow any service pipe to be hammered or squeezed together at the ends
to stop the flow of water or to save expense in improperly removing such pipe
from the main. Also, such improper disposition thereof shall be corrected by the
city, and the cost incurred shall be borne by the person causing or allowing
such work to be performed.
(Code
1980, § 3.40, subd. 3)
Every
water service pipe must be laid in such manner as to prevent rupture by
settlement. The service pipe shall be placed not less than seven feet below the
surface and in all cases so arranged as to prevent rupture and stoppage by
freezing. Frozen service pipes between the curb stop and the building shall be
the responsibility of the owner. Service pipes must extend from the curb stops
to the inside of the building or if not taken into a building then to the
hydrant or other fixtures which they are intended to supply. A valve, the same
size as the service pipe, shall be placed close to the inside wall of the
building, ahead of the meter and well-protected from freezing. Joints on copper
tubing shall be flared or approved compression connections and kept to a
minimum. Not more than one joint shall be used for a service up to 70 feet in
length. All joints shall be left uncovered until inspected. Minimum size
connection with the water mains shall be three-fourths inch in diameter.
(Code
1980, § 3.40, subd. 4)
Cross
connections between the city water system and other systems or equipment
containing water or other substances of unknown or questionable safety are
prohibited, except when and where, as approved by the city engineer and
utilities superintendent, suitable protective devices such as break tanks,
reduced pressure zone backflow preventers or their equal are installed, tested
and maintained to ensure proper operation on a continuing basis. Such protective
devices may be required on any water service when, in the opinion of the city
engineer and utilities superintendent, a condition exists that could result in
the backsiphoning into the water system of any water or other substance of
unknown or questionable safety. When cross connections are found to exist, the
city will notify the owner to disconnect the connection, and if not done
immediately, the city water supply shall be turned off forthwith and it shall
remain off until the cross connection is removed and the fittings sealed so as
to prevent reconnection after service is restored. Before any new connection to
the city system is permitted, the utilities department shall ascertain that no
cross connection will exist when the new connection is made.
(Code
1980, § 3.40, subd. 5)
It
is unlawful for any person other than an authorized employee of the utilities
department to turn on or shut off water at the stop box from the supply to the
building except that a licensed plumber may turn on or shut off water at the
stop box when making repairs to a service line. No person other than utilities
department employees shall initiate service to any building, and all new service
lines shall be shut off when completed with water turn-on or service to be
started only by the utilities department. The initial cost of the water service
line from the supply to any building is the responsibility of the person
desiring the service installed. After installation the utilities department will
maintain, repair and replace as necessary the line within public right-of-way to
the stop box, the shutoff or curb stops and the stop box. The utilities
department will, without charge, locate boxes and adjust them to any change in
grade.
(Code
1980, § 3.40, subd. 8)
When
water service pipes are intended to supply two or more occupants, families or
tenants in any building, store or apartment house, the application shall be made
by the owner or person controlling such and who shall pay the water rent for all
such occupants, families or tenants.
(Code
1980, § 3.40, subd. 9)
It
is unlawful for the occupant or owner of any premises to which water is supplied
to allow or permit water to be supplied to other persons or families or permit
water to be taken. Any consumer violating this section shall be charged double
the usual rate for each person or family so furnished with water, and if the
extra charge is not paid upon demand the water will be cut off from his
premises.
(Code
1980, § 3.40, subd. 13)
A
person desiring to use city water from the system for temporary purposes shall
make application to the utilities superintendent who may grant a permit for such
purpose. The person making application shall pay the expense of any necessary
hookup, metering device and personnel costs in addition to the cost of the water
used. The person granted the permit shall guard against the use of water by
himself or others for any purpose other than that stated in the permit, and
failure to do so shall result in revocation of the permit.
(Code
1980, § 3.40, subd. 14)
The
city will tap the mains and auxiliary mains after the excavation therefor shall
have been made and shall put in the corporation cock at cost plus the normal
overhead charge as established.
(Code
1980, § 3.40, subd. 15)
The
city may sell water to persons outside of the limits of the city, as fixed and
determined by the Charter.
(Code
1980, § 3.40, subd. 16)
Along
streets where water mains are laid, service pipes will not be allowed to run
from one lot to another, but must be taken from the mains in front of the
premises or some point in the street adjacent to the premises.
(Code
1980, § 3.40, subd. 17)
Whenever
the city shall determine that a shortage of water threatens the city, it may
limit the frequency and hours during which water may be used from the city water
system for lawn and garden sprinkling, irrigation, car washing, air conditioning
and other uses. It is unlawful for any water consumer to cause or permit water
to be used in violation of such determination after public announcement thereof
has been made through the news media specifically indicating the restrictions
thereof.
(Code
1980, § 3.40, subd. 18)
An
owner of a structure with a self-contained fire protection system may apply for
and obtain permission to connect street water mains with hydrants, large pipes
and hose couplings, for use in case of fire only, at his own installation
expense.
(Code
1980, § 3.40, subd. 19)
It
is unlawful for any person, other than a member of the fire department or other
person duly authorized by the city, in pursuance of lawful purpose, to open any
fire hydrant or attempt to draw water from the hydrant or in any manner
interfere therewith. It is also unlawful for any person so authorized to deliver
or suffer to be delivered to any other person any hydrant key or wrench, except
for the purposes strictly pertaining to its lawful use.
(Code
1980, § 3.40, subd. 20)
Unmetered
water service may be provided for construction, flooding skating rinks and any
other purpose. Such service shall be at a duly adopted rate. Where it is
difficult or impossible to accurately measure the amount of water taken,
unmetered service may be provided and the unmetered rate applied; provided,
however, that by acceptance thereof the consumer agrees to have the city
estimate the water used. In so estimating the city shall consider the use to
which the water is put and the length of time of unmetered service.
(Code
1980, § 3.40, subd. 21)
Secs.
66-63--66-90. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Act
means The Clean Water Act (33 USC 1251 et seq., as amended).
Biochemical
oxygen demand (BOD) means:
(1)
The quantity of oxygen used in the biochemical oxidation of organic
matter in a specified time, at a specified temperature, and under specified
conditions.
(2)
A standard test used in assessing wastewater strength.
Building
sewer means the extension
from the building drain to the public sewer or other place of disposal,
sometimes called the house connection or service connection.
Capital
costs means all costs and
expenses incurred in planning, designing, financing and constructing wastewater
collection, conveyance and treatment works.
Chemical
oxygen demand (COD) means
a measure of the oxygen equivalent of that portion of organic matter that is
susceptible to oxidation by a strong chemical oxidant, using EPA approved
laboratory procedures.
Combined
sewer means a sewer
intended to serve as a sanitary sewer and a storm sewer or as an industrial
sewer and a storm sewer.
Commercial
users means all users of
the system classified as industrial users in the Standard Industrial
Classification Manual, 1972, U.S. Office of Management and Budget, as amended
and supplemented under divisions A, B, D, E, and I, but who are excluded from
such definition for the purposes of this article because they discharge
primarily segregated domestic wastes or wastes from sanitary conveniences,
except that the classification shall not include such exempted users who are
otherwise classified in this article as domestic users, governmental users or
institutional users.
Construction
means any one or more of the following: preliminary planning to determine the
feasibility of treatment works, engineering, architectural, legal, fiscal, or
economic investigations or studies; surveys, designs, plans, working drawings,
specifications, procedures, or other necessary actions; erection, building,
acquisition, alteration, remodeling, improvement or extension of treatment
works; or the inspection or supervision of any of such items.
Contract
user means any user who
has a special contract or agreement with the city which allows discharge of
wastes into the city's sewer system.
Debt
retirement costs means the
combined principal and interest payments necessary to pay bonded indebtedness.
Director
means the city director of public works or the person's duly authorized
representative.
Domestic
user means an
establishment of which its related occupants, if any, are usually considered a
domestic service and whose discharge consists solely of sanitary needs.
Domestic
wastewater means
wastewater derived principally from dwellings due to domestic activities. It may
or may not contain groundwater, surface water or stormwater.
Flow
means the quantity of sewage expressed in gallons or cubic feet per 24 hours.
Garbage
means discarded material resulting from the handling, processing, storage,
preparation, serving and consumption of food.
General
municipal user means any
user discharging sewage to the general municipal flow other than industrial
users, municipalities and other contract users. This category of user includes
as subcategories: domestic users, commercial users, institutional users, and
governmental users which are not contract users.
Governmental
user means an
establishment whose function is the administration or execution of governmental
programs as well as the offices of executives, legislative bodies and agencies
which provide general support services for government.
Grantee
means any municipality which has been awarded a grant for construction of a
treatment works; in this instance, the city.
Industrial
user means a person who
discharges to the city's wastewater disposal system liquid wastes resulting from
the processes employed in industrial, manufacturing, trade or business
establishments or from the development of any natural resource.
Industrial
wastes means the liquid
wastes from industrial processes, as distinct from domestic or sanitary wastes.
Any waste that is transported by a liquid waste hauler and disposed into public
sewers is industrial wastes. Any leachate or contaminated groundwater disposed
into public sewers is industrial waste.
Infiltration
means the water entering a sewer system, including sewer service connections,
from the ground, through such means as but not limited to defective pipes, pipe
joints, connections or manhole walls. Infiltration does not include and is
distinguished from inflow.
Infiltration/inflow
means the total quantity of water from both infiltration and inflow without
distinguishing the source.
Inflow
means the water discharged into a sewer system, including service connections
from such sources as but not limited to roof leaders; cellar, yard and area
drains; foundation drains; cooling water discharges; drains from springs and
swampy areas; manhole covers; cross connections from storm sewers and combined
sewers; catch basins; stormwaters; surface runoff; street washwaters; or
drainage. Inflow does not include and is distinguished from infiltration.
Institutional
user means an
establishment engaged in activities of a noneconomic nature, frequently being
the performance of services for the general public (health, education, social)
and not classified as a governmental or commercial user in this article.
Interceptor
sewer means a sewer for
which the primary purpose is to transport or convey wastewaters from collector
sewers to a treatment facility.
Interference
means 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 state disposal system (SDS) permit.
The term includes prevention of sewage sludge use or disposal by the city in
accordance with published regulations providing guidelines under section 405 of
the act (33 USC 1251 et seq.) 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.
Leachate
means wastewater resulting from the percolation of rainwater and internal
liquids through the deposited material in a solid waste disposal facility.
Liquid
waste hauler means any
person who transports waste for the purpose of discharge into public sewers.
Load
means quantities of sewage characteristics such as BOD, TSS and other
constituents as expressed in milligrams per liter (mg/l) or pounds per 24 hours
(lbs./24 hours).
Load
charge means a treatment
charge assessed by the city to liquid waste haulers based on waste volume and
strength.
Monitoring
means the measurement, sometimes continuous, of water quality.
National
Pollution Discharge Elimination System permit or NPDES permit
means the system for issuing, conditioning and denying permits for the discharge
of pollutants from point sources into the navigable waters, the contiguous zone,
and the oceans by the Administrator of the Environmental Protection Agency
pursuant to sections 402 and 405 of the Federal Water Pollution Control Act
Amendment 1972.
Natural
outlet means any outlet
into a watercourse, pond, ditch, lake or other body of surface water or
groundwater.
Noncontact
cooling water means water
used for cooling purposes that does not contact raw materials, work pieces or a
finished product. Noncontact cooling water discharged to public sewers is
industrial waste.
Operation
and maintenance costs (O & M costs) means the expenses related to the costs of the operation,
maintenance, replacement and administration of the total treatment works or
system.
pH
means the logarithm of the reciprocal of the weight of hydrogen ions in grams
per liter of solution.
Pass
through means a discharge
of sewered pollutants that flows from the city's treatment plant into the
receiving stream in quantities or concentrations that, alone or in conjunction
with a discharge from other sources, is a cause of a violation of any
requirement of the plant's NPDES/SDS permit, including an increase in the
magnitude or duration of a violation.
Pretreatment
means the application of physical, chemical and biological processes to reduce
the amount of pollutants in or alter the nature of the pollutant properties in a
wastewater prior to discharging such wastewater into the publicly owned
wastewater treatment system.
Pretreatment
solids means any materials
that are formed, concentrated or removed by pretreatment performed by any
person.
Process
water means any water used
in the manufacturing, preparation or production of goods, materials or food.
Process water is an industrial waste.
Public
sewer means any sewer
owned or operated by a unit or agency of government.
Replacement
means expenditures for obtaining and installing equipment, accessories or
appurtenances which are necessary during the useful life of the treatment works
to maintain the capacity and performance for which such works were designed and
constructed. The term "operation and maintenance" includes
replacement.
Sanitary
sewer means a sewer
intended to carry only sanitary or sanitary and industrial wastewaters from
residences, commercial buildings, industrial plants and institutions.
Sanitary
wastes means the liquid
and water-carried wastes discharged from sanitary plumbing facilities.
Severe
property damage means
substantial physical damage to property, damage to the treatment facilities
which causes them to become inoperable or substantial and permanent loss of
natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
Sewage
or wastewater means the
water-carried waste products from residences, public buildings, institutions,
industrial establishments or other buildings, including the excrementitious or
other discharge from the bodies of human beings or animals, together with such
groundwater infiltration and stormwater and surface water as may be present.
Sewage
collection system means
each and all of the common lateral sewers within a publicly owned treatment
system which are primarily installed to receive wastewaters directly from
facilities which convey wastewater from individual structures or from private
property and which includes service connection Y-fittings designed for
connection with those facilities. The facilities which convey wastewater from
individual structures, from private property to the public lateral sewer or its
equivalent are specifically excluded from the definition, with the exception of
pumping units and pressurized lines, for individual structures or groups of
structures when such units are cost effective and are owned and maintained by
the grantee.
Sewer
means a pipe or conduit for carrying sewage, industrial waste or other waste
liquids.
Sewer
system means pipelines or
conduits, pumping stations, force mains and all other devices and appliances
appurtenant thereto used for collecting or conducting sewage, industrial wastes
or other wastes to a point of ultimate disposal.
Significant
industrial user means:
(1)
All industrial users subject to the national categorical standards found
in section 66-97.
(2)
Any other industrial user that:
a.
Discharges an average of 25,000 gallons per day or more of process
wastewater to the city's wastewater treatment system, excluding sanitary,
noncontact cooling and boiler blowdown wastewater;
b.
Contributes a process waste stream which makes up five percent or more of
the average dry weather hydraulic or organic capacity of the treatment facility;
or
c.
Is designated by the city as having a reasonable potential for adversely
affecting the city's wastewater treatment system or violating the city's
pretreatment standards.
(3)
Upon finding that an industrial user meeting the criteria in subsection
(2) of this definition has no reasonable potential for affecting the treatment
plant's operation or violating any pretreatment standard, the city may, at any
time on its own initiative or in response to a petition received from an
industry, determine that such industry is not a significant industrial user.
Slug
means any discharge of water, wastewater or industrial waste which in
concentration of any given constituent or in quantity of flow exceeds for any
period of duration longer than 15 minutes more than five times the average
24-hour concentration of flows during the normal operation.
Storm
sewer (storm drain) means
a sewer which carries stormwater and surface water and drainage, but excludes
sewage and industrial wastes, other than unpolluted cooling or process water.
Total
Kjeldahl nitrogen (TKN)
means the sum of free-ammonia and organic nitrogen compounds which are converted
to ammonium sulfate under the conditions of laboratory digestion and determined
in accordance with the latest edition of Standard Methods for the Examination of
Water and Wastewater.
Total
suspended solids (TSS)
means the residue material from a wastewater sample after filtration, using
EPA-approved laboratory procedures.
Treatment
works means any devices
and systems for the storage, treatment, recycling, and reclamation of municipal
sewage, domestic sewage or liquid industrial wastes used to implement section
201 of the act or necessary to recycle or reuse water at the most economical
cost over the useful life of the works. These include intercepting sewers,
outfall sewers, sewage collection systems, individual systems, pumping power and
other equipment and their appurtenances; extensions, improvement, remodeling,
additions and alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well facilities; and
any works, including site acquisition of the land, that will be an integral part
of the treatment process or used for ultimate disposal of residues resulting
from such treatment, including land for composting sludge, temporary storage of
such compost and land used for the storage of treated wastewater in land
treatment systems before land application; or any other method or system for
preventing, abating, reducing, storing, treating, separating or disposing of
municipal waste or industrial waste, including waste in combined stormwater and
sanitary sewer systems.
Useful
life means the estimated
period during which a treatment works will be operated.
User
means any person discharging sewage into the disposal system.
User
charge means a charge
levied on users of a treatment works or that portion of the ad valorem taxes
paid by a user for the user's proportionate share of the cost of operation and
maintenance, including replacement, of such works.
(Code
1980, § 3.60, subd. 1)
Cross
references: Definitions
generally, § 1-2.
(a)
Slugs or accidental discharges. Under this article, enforcement
procedures of violations for slugs or accidental discharges shall be as follows:
(1)
The city manager may suspend the wastewater treatment service of a user
and a wastewater discharge permit, after informal notice of the discharge, when
such suspension is necessary, in the opinion of the city manager, in order to
stop an actual or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare of persons, to the
environment or to the wastewater disposal system, or which would cause a
violation of the treatment plant's NPDES or state disposal system (SDS) permit.
(2)
Any user notified of a suspension of the wastewater treatment service or
wastewater discharge permit must immediately stop the discharge. If the user
fails to comply voluntarily with the suspension order, the city manager will
take such steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the wastewater disposal system or
endangerment to any individuals. The city manager will reinstate after the
elimination of the noncomplying discharge. A detailed written statement
submitted by the user describing the causes of the slug or accidental discharge
and the measures taken to prevent any future occurrence will be submitted to the
city manager within 15 days of the date of occurrence.
(b)
Revocation of permit. In accordance with the procedures of this
section, the city manager may revoke the permit of any user which fails to
factually report the wastewater constituents and characteristics of discharge;
which fails to report significant changes in wastewater constituents or
characteristics; which refuses reasonable access to the user's premises for the
purpose of inspection or monitoring; or which is in violation of conditions of
its permit, regulations of this Code or applicable state and federal
regulations.
(c)
Notification of violation. Whenever the city manager finds that
any person has violated or is violating this Code, the wastewater discharge
permit or any prohibition, limitation or requirement contained in this article,
the city manager may serve upon such a person a written notice stating the
nature of the violation and directing that corrective action be taken within 30
days or that the user show cause before the city council why wastewater
treatment service of the user should not be revoked. The notice will be served
upon the user personally or by certified mail, return receipt requested, not
less than 30 days before the hearing.
(d)
Show cause hearings.
(1)
Time. The hearing provided in this section may be held at a
regular scheduled meeting of the city council or at a special meeting called for
that purpose.
(2)
Recording. Any hearing held pursuant to this section will be
recorded, and a transcript will be made available to any member of the public or
any party to the hearing upon payment of the usual charges.
(3)
Procedure. The city council may issue notices requesting the
attendance and testimony of witnesses and the protection of evidence relevant to
the matter involved in such hearings, and may continue the hearing from time to
time as may be necessary to allow for the production of evidence or witnesses.
(4)
Issuance of orders. After review of the evidence presented at a
hearing, the city council may issue an order to the user directing that sewer
service be discontinued and directing the city staff to disconnect such service
if the order is not complied with in a stated time. The city council may, in its
discretion, allow the user such time as it deems reasonable to correct any
violation found.
(5)
Rehearing. Any party aggrieved by a decision or an order issued
pursuant to this section may file a written petition with the city clerk
requesting a rehearing by the city council. The petition must specify in detail
every ground or basis on which objection is made, together with the factual
basis therefor, and the relief sought. The petition must be served within 15
days of service of the decision or order of the council and must set forth the
name and address of the aggrieved party's attorney or spokesman. The filing of a
petition in accordance with this subsection will stay all proceedings unless the
city manager certifies, in writing, within 72 hours after the filing of a
petition, a certificate stating that a delay would cause peril to life or
property or specifying other good reasons. Upon consideration of the petition
and the matters set forth therein, the city council may grant the relief
requested in whole or in part, may order the hearing reopened for further
evidence or it may deny the petition and reinstate the order or decision.
(6)
Appeal. A final decision or order of the city council may be
appealed to the district court within 30 days of service thereof on a party.
(e)
Annual publication. A list of the users that were significantly
violating applicable pretreatment requirements or national categorical
pretreatment standards during the 12 previous months will be annually published
by the city in a local newspaper. The notification will also summarize any
enforcement actions taken against the users during the same 12 months. For the
purposes of this subsection, significant violations would be those violations
which remain uncorrected 45 days after notification of noncompliance, which are
part of a pattern of noncompliance over a 12-month period, which involve a
failure to accurately report compliance or which resulted in the city exercising
its emergency authority as outlined in subsection (a) of this section.
(Code
1980, § 3.60, subd. 6)
(a)
Generally. Every person who violates a section of this article,
when that person performs an act prohibited or declared unlawful, upon
conviction, will be punished as for a misdemeanor in accordance with section
1-13, except as otherwise stated in this article.
(b)
Criminal penalties.
(1)
Any person who wilfully or negligently violates any provision of this
article on condition of any permit issued by the city, including discharging
waste in violation of any city order, prohibition, discharge limitation or
pretreatment standard, or any person who continues such violation beyond the
time limit provided for in the city manager's written notice of violation will
be fined not less than $50.00 or more than $1,000.00 for each offense. Each day
on which a violation will occur or continue will be deemed a separate and
distinct offense. In addition to the penalties provided in this subsection, the
city may recover reasonable attorneys' fees, court costs, court reporters' fees,
and other expenses of litigation by an appropriate action against the person
found to have violated this article or the orders, rules, regulations and
permits issued under this article.
(2)
Any person who knowingly makes any false statement or representation in
any record, report, plan or other document filed with the city or who falsifies,
tampers with or renders inaccurate any monitoring device or method required
under this article or any permit issued by the city under this article will be
guilty of a misdemeanor.
(c)
Cost of damage. Any user violating any of the provisions of this
article or who has a discharge which causes a deposit, obstruction, damage or
other impairment to the city's wastewater disposal system will become liable to
the city for any expense, loss or damage caused by the violation or discharge.
The city manager may add to the user's charges and fees the costs assessed for
any cleaning, repair or replacement work caused by the violation or discharge.
Any refusal to pay the assessed costs will constitute a violation of this
article.
(Code
1980, §§ 3.60, subd. 7, 3.99)
(a)
Information and data on a user obtained from applications, permits,
monitoring programs and inspections is subject to release to the public and
other government agencies as permitted under the Minnesota Government Data
Practices Act. That information which constitutes trade secret information as
defined by the Minnesota Government Data Practices Act will remain nonpublic
data with regards to data not on individuals and private data with regards to
data on individuals as prescribed by the Minnesota Government Data Practices
Act.
(b)
When requested by the person furnishing a report and until such time as
the information is determined not to be confidential, the portions of a report
which might disclose trade secrets processes will not be made available for
inspection by the public but will be made available upon written request to
governmental agencies for uses related to this article, the NPDES permit, state
disposal system permit (SDS) and/or the pretreatment programs; provided,
however, that such portions of a report will be available for use by the state
or any state agency in judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics will
not be recognized as confidential information. Information accepted by the city
manager as confidential will not be transmitted to any governmental agency or to
the general public by the city manager until and unless a ten-day notification
is given to the user.
(Code
1980, § 3.60, subd. 4(C))
(a)
It is unlawful to discharge to any natural outlet within the city limits
or city jurisdiction any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with this article.
(b)
It is unlawful to either construct, maintain, use or permit to be used
any cesspool, privy or privy vault on any part of any lot or parcel of land in
the city abutting both on a public sanitary sewer and a water main with which
water and sewer connections may be made, if the privy, privy vault or cesspool
shall be within 500 feet of the public sanitary sewer and also within 500 feet
of the water mains.
(c)
No person will construct or erect any privy, privy vault or cesspool upon
or in any premises in the city abutting upon any public highways or public
grounds in which a water main and a sanitary sewer have been laid, with which
water and sewer connections may be made, if the privy, privy vault or cesspool
is within 500 feet of both the water main and the sanitary sewer.
(d)
No person will maintain, use or permit to be used as such any cesspool,
privy, privy vault in or on any premises either owned or controlled by him in
the city, if such premises are so located that water and sewer connections may
be made with a water main and a sanitary sewer in any abutting public highway or
public grounds and if the privy, privy vault or cesspool is within 500 feet of
both the water main and the sanitary sewer.
(e)
Whenever any privy, privy vault or cesspool is either erected,
constructed or used contrary to the provisions of this article on any premises
in the city, the water supply from the city waterworks thereto shall be promptly
stopped and will remain cut off until the city manager is satisfied that such
violation of this article has ceased and until the expense of turning off and
turning on the water has been paid, together with whatever fine for violation of
this article may be assessed.
(f)
The city manager will have power, whenever there is both a public sewer
and a water main in the public highways or grounds upon which any premises in
the city abuts, to cause the owner or occupant of such parcel of land to connect
the premises with the public sewer of a sufficient sanitary sewer or stormwater
sewer or both whenever, in his opinion, such may be necessary for the
preservation of the public health. The city manager will serve upon such owner
or occupant ten days' notice in writing specifying the time when such sewer
connection must be made and completed. If the owner or occupant neglects to
complete the connection within the time specified, in addition to the penalties
imposed for a violation of this article, the council may cause it to be done and
will either recover the whole amount of the expense thereof by an action against
the owner, in the name of the city, before any court having jurisdiction
thereof, or assess the amount against the premises.
(g)
Where preliminary treatment facilities are required or provided for any
wastes, they shall be maintained continuously in effective operation by the
sewage user at the user's expense. Failure to do so may void the right of the
sewer system user, and the city reserves the right to discontinue service.
(h)
The sewer utility may, as a condition of service, require a control
manhole built on the building sewer at the owner's expense to facilitate
observation, sampling, inspection and measurement of wastes. Such manhole when
required must be accessible, safely located and built in accordance with city
standards for sewer manholes. The necessity of a control manhole will be based
on sewage volume, whether it is a processing waste or an industrial waste and
whether the waste requires control within the operation to meet acceptable
conditions for discharge to the sewer system.
(i)
Nothing within this article will be interpreted to require the service of
sewage wastes at published sewer rates when such wastes may impair the system or
cause a higher-than normal expense in operation of the sewer system, nor will
this article be interpreted to prohibit the handling of deleterious wastes,
requirements for pretreatment or sewer service rates higher than published rates
on an agreement basis. Such agreements may be approved by the council after
considering the problems in handling, the effect on the sewer system, and the
cost of handling the waste. No special agreements may be issued to allow an
industrial user to discharge pollutants which would violate federal or state
regulations or would cause the city's wastewater treatment facility (WWTF) to
violate its NPDES permit limits.
(j)
The director of public works and other duly authorized city employees
bearing proper identification shall at reasonable times be permitted to enter
upon property served by sanitary sewers for the purpose of inspection,
measurement, sampling and testing in connection with operation of the sewer
system. The city shall be permitted to inspect and copy records which are
required to be maintained by industrial users.
(k)
Contractors employed on city contracts, plumbers and other persons
engaged in construction or maintenance activity where there is connection to or
danger of damage to the sewer system will exercise particular care to protect
the sewer system and will at all times protect, keep foreign materials out, and
accomplish construction or connection in a neat and workmanlike manner. Failure
to do so shall be a violation of this article and will not stop the city from
correcting the damage or removing the foreign material, if necessary on an
overtime basis, and collecting the costs therefor. For other than immediate
necessary repair or removal, a five-day written notice will be deemed adequate
notice to the party to repair damage, correct faulty construction or remove
material from the sewer system.
(l)
No roof, groundwater or surface water drains will be connected to the
sanitary sewer system of the city. Water used for cooling and condenser purposes
which does not exceed 25 parts per million BOD and other industrial or domestic
water which does not contain discoloration, harmful chemicals, sediment, solids,
noxious odors and does not exceed 25 parts per million BOD may be discharged
directly into the city storm sewer system and if metered may be deducted from
any sanitary sewer charge within 30 days, any person having a roof or
groundwater or surface water drain now connected with the sanitary sewer system
will disconnect the same. The opening in the sanitary sewer must be closed in an
effective, watertight, workmanlike manner.
(m)
Entrance into sewer manholes or openings for any purpose whatever except
by the city manager or other city employees or their agents is strictly
prohibited.
(Code
1980, § 3.60, subd. 2)
(a)
Under this article, it is unlawful to deposit or discharge any of the
following waters, solids, fluids, materials or wastes into the municipal
sanitary sewer system:
(1)
Any liquids, solids or gases which because of their nature or quantity
are or may be sufficient, either alone or by interaction with other substances,
to cause fire or explosion hazard, including but not limited to waste streams
with a closed cup flashpoint of less than 140 degrees Fahrenheit, or be
injurious in any other way to the wastewater disposal system or to the operation
of the system. At no time shall two successive readings on an explosion hazard
meter, at the point of discharge into the system or at any point in the system,
be more than five percent nor any single reading over ten percent of the lower
explosive limit (LEL) of the meter. 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.
(2)
Solid or viscous substances which will or may cause obstruction to the
flow in a sewer or other interference with the operation to the flow in a sewer
or other interferences with the operation of the wastewater treatment
facilities, such as but not limited to grease, 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, wastepaper, wood, plastic, gas,
tar, asphalt residues, residues from refining or processing of fuel or
lubricating oil, mud or glass grindings, or polishing wastes.
(3)
Any garbage, either household or commercial, that has not been shredded
so that the garbage particles are smaller than three-eighths inch in their
largest dimension. Adequate water flow volume to wash such garbage through the
sewers must be provided.
(4)
Any wastes having a pH value of lower than 5.0 or higher than 11.0 or
having corrosive properties causing damage to the sewer system or personnel of
the sewer utility.
(5)
Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to inhibit or disrupt any
wastewater treatment process, to constitute a hazard to humans or animals, or to
create a toxic effect in the receiving waters of the wastewater disposal system.
A toxic pollutant will include but not be limited to any pollutant identified
pursuant to section 307(a) of the act.
(6)
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.
(7)
Any wastewater with objectionable color not removed in the treatment
process such as but not limited to dye waste and vegetable tanning solutions.
(8)
Any liquid or vapor having a temperature higher than 80 degrees Celsius.
In no case will the temperature of an industrial discharge cause the treatment
plant influent to exceed 40 degrees Celsius.
(9)
Any slug load, which will mean any pollutant, including oxygen demanding
pollutants (BOD, etc.), released in a discharge of such volume or strength as to
cause inhibition or disruption in the wastewater disposal system. In no case
will a slug load have a flow rate or contain concentrations or quantities of
pollutants that exceed for any time period longer than 15 minutes more than five
times the average 24-hour concentrations, quantities or flow of the user during
normal operation.
(10)
Noncontact cooling water, any roof water, groundwater or surface water or
means of introducing such waters into the sewer system.
(11)
Any wastewater containing fats, wax, grease, or oils of animal or
vegetable origin, whether emulsified or not, in excess of 300 mg/l, that will or
is likely to solidify or become viscous at temperatures between 0 degrees
Celsius and 50 degrees Celsius and which will or is likely to cause obstruction
to the flow in the sewers or other interference to the collection, pumping or
wastewater treatment systems, and any wastewater containing oil and grease
concentrations of mineral origin of greater than 100 mg/l, whether emulsified or
not.
(12)
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 such quantities that
they would cause disruption with the wastewater disposal system.
(13)
Any waters or wastes containing an acid or poisonous substance in
sufficient quantity to injure or interfere with treatment process or cause a
hazard to humans, animals or aquatic life in the receiving waters of the sewer
system.
(14)
Any water or wastes containing strong acid, iron pickling wastes or
concentrated plating solutions, whether neutralized or not.
(15)
Any water or wastes containing phenols or other taste- or odor-producing
substances which constitute a nuisance or hazard to the structures, equipment or
personnel of the sewer works or which interfere with the treatment required to
meet the requirements of the state and federal government and any other public
agency with proper authority to regulate the discharge from the sewage treatment
plant.
(16)
Radioactive wastes or isotopes of such half-life or concentration that
they are in noncompliance with regulations issued by the appropriate authority
having control over their use or which have caused or may cause damage or
hazards to the treatment works or personnel operating it.
(17)
Petroleum oil, nonbiodegradable cutting oil or products of mineral oil
origin in amounts that will cause interference or pass through.
(18)
Pollutants which result in the presence of toxic gases, vapors or fumes
within the treatment plant in a quantity that may cause acute worker health or
safety problems.
(19)
Any waste generated outside the city limits, unless prior approval has
been obtained from the city manager.
(20)
Whole, ground or shredded glassware, needles and other sharps, plastic
and textile objects from hospitals, physician and dentist offices, clinics,
veterinary facilities, other health care facilities, mortuaries, blood banks,
laboratories of any kind and food preparation facilities.
(21)
Any material containing foam or foam-producing substances in sufficient
quantities to cause a public nuisance, operational problems in public sewers or
cause interference or pass through.
(22)
Any pretreatment solids from an industrial pretreatment system.
(23)
Wastes, other than domestic wastes, that are infectious except as
provided for in an acceptable infectious waste management plan submitted to
state department of health or state pollution control agency pursuant to M.S.A.
§§ 116.75--116.83.
(24)
Any hazardous waste, as defined by M.S.A. § 116.06, subd. 13 and
Minnesota Rules Chapter 7045, unless prior approval has been obtained from the
chief administrator and such discharge does not constitute a violation of local,
state or federal law.
(25)
Septage, leachate or contaminated groundwater unless authorized by the
city manager.
(b)
In addition to the prohibitions in this section, no user will discharge
into any public sewer any discharge which causes interference, as defined, with
the wastewater disposal system.
(Code
1980, § 3.60, subd. 3(A))
(a)
National categorical standards. Under this article, national
categorical pretreatment standards as promulgated pursuant to paragraph 307 of
the act shall be met by all affected users subject to such standards in any
instance where they are more stringent than the limitations established in this
article.
(b)
City's right of revision. The city reserves the right to establish
by this Code more stringent limitations or requirements on discharges to the
wastewater disposal system if deemed necessary to comply with all existing
standards.
(c)
Dilution. No user may increase the use of process water or in any
way attempt to dilute a discharge as a partial or complete substitute for
adequate treatment to achieve compliance with the limitations contained in this
article, contained in the national categorical pretreatment standards or
contained in any state requirements.
(d)
Local limits. No user will discharge to any public sewer any
discharge containing concentrations in excess of the following:
TABLE
INSET:
|
Parameter |
Monthly Average |
Maximum for |
|
Arsenic |
0.10 |
0.30 |
|
Cadmium (Cd) |
0.05 |
0.15 |
|
Chromium total (Cr) |
1.71 |
2.77 |
|
Copper (Cu) |
2.07 |
3.38 |
|
Cyanide total (Cn) |
0.10 |
0.30 |
|
Lead (Pb) |
0.10 |
0.30 |
|
Mercury |
0.0002 |
0.001 |
|
Nickel (Ni) |
2.38 |
3.98 |
|
Silver |
0.05 |
0.15 |
|
Zinc (Zn) |
1.48 |
2.61 |
(e)
Trap installation. Grease, oil and sand traps will be provided for
the proper discharge of waste containing excessive amounts of grease, oil or
sand. All trap installations must be regularly cleaned and maintained for
adequate performance.
(Code
1980, § 3.60, subd. 3(B))
(a)
Required. Industries proposing to connect or to commence a new
discharge to the wastewater disposal system may be required to obtain a
wastewater discharge permit before connecting to or discharging into the
wastewater disposal system if the discharge would result in the industry being
classified as a significant industrial user. All existing significant industrial
users or industrial users subject to national categorical pretreatment standards
under section 307(b) and (c) of the act connected to or discharging into the
wastewater disposal system may be required to obtain a wastewater discharge
permit as determined by the city manager.
(b)
Application. Users required to obtain a wastewater discharge
permit will complete and file with the city manager an application in the form
prescribed by the city manager, accompanied by the applicable fee. In support of
the application, the user will submit, in units and terms appropriate for
evaluation, the following information:
(1)
Name, address, location, if different from the address.
(2)
SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics including but not limited to
those governed by sections 66-96, 66-97 and 66-101, as determined by a reliable
analytical laboratory, and analysis will be performed in accordance with
procedures established by the EPA pursuant to section 304(g) of the act and
contained in 40 CFR 136, as amended.
(4)
Time and duration of discharge.
(5)
Average daily and 30-minute peak wastewater flow rates, including daily,
monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, sewer connections and appurtenances by the size, location and
elevation.
(7)
Description of activities, facilities and plant processes on the premises
including all materials which are or could be discharged, including sludges,
floats, skimmings, etc.
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by the city, state or national categorical
pretreatment standards, and for an existing discharge a statement regarding
whether or not the pretreatment standards are being met on a consistent basis
and if not whether additional operation and maintenance or additional
pretreatment is required for the user to meet applicable pretreatment standards.
If additional operation and maintenance or pretreatment will be required, a
proposed schedule by which the changes will be completed must be submitted. The
completion date in this schedule will not be later than the compliance date
established for the applicable pretreatment standard. The schedule will contain
increments of progress in the form of dates for the commencement and completion
of major events leading to the construction and operation of additional
pretreatment required for the user to meet the applicable pretreatment standard.
No increment will exceed nine months in length, and progress reports concerning
each increment must be submitted within 14 days following each increment date.
(9)
Each product produced by type, amount, and rate of production.
(10)
Type and amount of raw materials processed (average and maximum per day).
(11)
Number of full- and part-time employees and hours of work.
(12)
Any other information as may be deemed by the city manager to be
necessary to evaluate the permit application.
The
city manager will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data furnished,
the city manager may issue a wastewater discharge permit subject to terms and
conditions provided in this section.