(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEAR WATER.
Storm water, natural precipitation, melting snow, ground water, or any water flow from a roof or ground surface, subsurface drainage, down spout, eave trough, rainspout, yard drain, sump pump, foundation drain, yard fountain, pond, outdoor swimming pool, cistern overflow, or any other means to transmit natural precipitation and surface waters that is not required to be treated by state or federal law and often referred to as inflow and infiltration (I&I) when it enters the sanitary sewer system.
FATS, OILS, AND GREASE (FOG).
Any sewage or wastewater containing fat, wax, tallow, grease, or oil of animal or vegetable origin that is likely to solidify, become viscous, or become water insoluble.
INDUSTRIAL WASTE. Any liquid or wastewater that is a byproduct of or from industrial or commercial processes.
SANITARY SEWER LATERAL.
The sanitary sewer pipe that conveys wastewater from a building or structure to the city's sanitary sewer system sewer main.
SANITARY SEWER SYSTEM.
The City of Apple Valley sanitary sewer system which includes all street lateral pipes or mains in the public rights-of-way or public easements, main and intersecting sewer lines, facilities and structures by which sewage or industrial wastes are collected, transported, treated and disposed. The City of Apple Valley sanitary sewer system does not include any plumbing lines or fixtures inside or a part of a building or premises served, or service sewers from a building to the street lateral.
SEWAGE or WASTEWATER.
Waste products carried by water through a sanitary sewer line or system from residences, public and private buildings or property, industrial, commercial, institutional or any other buildings or premises, including the excrement or other discharge from the bodies of human beings or animals, together with such groundwater infiltration and surface water as may be present.
SEWERAGE SERVICE.
The use of and benefit from the city's sanitary sewer system, including the collection, transportation, pumping, treatment and final disposal of sewage.
STREET LATERAL.
The sanitary sewer pipe that conveys wastewater from the sanitary sewer lateral at the property lot line to the city's sanitary sewer system sewer main.
WASTEWATER.
Shall have the same meaning as
SEWAGE
.
(B) Discharge and disposal.
(1) It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any discharge or disposal into the sanitary sewer system in violation of the provisions of this section and the following:
(a) All discharges into the sanitary sewer system shall comply with the Metropolitan Council Environmental Services Waste Discharge Rules 401.00 to 412.00 (Limitations on Discharges 2013), as may be amended from time to time.
(b) It is unlawful to discharge or dispose any of the following described wastes into the sanitary sewer system:
1. Fats, oils, or grease (FOG) directly or with water or other waste when more than 100 milligrams of FOG is present per liter of water or waste.
2. Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
3. Garbage, except organic refuse such as has been properly shredded with a garbage disposal.
4. Ashes, cinders, shavings, feathers, tar or other liquid or viscous substance capable of causing obstruction to the flow in the sewer system or other interference with the proper operation of the system.
5. Noxious or malodorous substances capable of creating a public nuisance.
6. Clear water, subject to the additional requirements set forth herein.
(c) Direct disposal of fats, oil and grease into the sanitary sewer system is strictly prohibited and any property use requiring the disposal of used fats, oil and grease shall:
1. Keep, maintain and use a receptacle or dump station for the disposal of fats, oils and grease; and
2. Establish a program for the regular removal of accumulated fats, oil and grease from FOG receptacle or dump station.
(d) Fats, oil, and grease interceptors and grease traps shall be installed and used when liquid wastes contains FOG in excess of 100 milligrams per liter of wastewater or contribute to FOG buildup, blockages, and overflows in the sanitary sewer system.
(e) Sand and flammable interceptors shall be installed and used when any sand and flammable wastes may be disposed into the sanitary sewer system;
(f) Interceptors shall be designed by a licensed and qualified engineer in compliance with the Minnesota State Plumbing Code and approved by the city before installation.
(2) Notwithstanding the foregoing, when the Public Works Director or Utilities Superintendent determines that certain groundwater or surface water is contaminated and should not be discharged into the storm water system, said groundwater or surface water may be discharged or disposed into the sanitary sewer system, provided such discharge is subject to all applicable provisions and rules related to the Metropolitan Council special discharge permit requirements.
(C) Interceptor regulations, and inspection and maintenance. All interceptors for FOG, sand and flammable wastes and grease traps as required herein are subject to the following:
(1) Where installed, all FOG, sand and flammable interceptors and grease traps shall be maintained and the sanitary sewer lateral shall be kept clear by the owner, at owner's expense, and kept in continuously efficient operation at all times. At such time that excessive FOG, sand or flammables enter the sanitary sewer system which have contributed to buildup, blockage or exceed design standards, the city shall require the owner to develop a management plan which at a minimum will identify periodic inspection and maintenance intervals at least annually of the interceptor and sanitary sewer lateral or private sewer service. If it is determined that annual maintenance intervals are not sufficient to eliminate buildup, blockage or overflows in the sanitary sewer system, the city may require the owner to establish a more frequent maintenance timeline.
(2) All interceptors shall be of a type and capacity approved by the Public Works Director or designee and meet MCES Waste Discharge Rules 401.00 - 406.00 (2013) as amended, and Minnesota State Building Code, Chapter 4715, and shall be located so as to be readily and easily accessible for cleaning and inspection.
(3) Outdoor interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature.
(4) Indoor interceptors shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas-tight and watertight.
(5) Interceptors shall not be required for private residential properties.
(D) Clear water discharge prevention and prohibition.
(1) No clear water shall be discharged, directly or indirectly, into the city's sanitary sewer system.
(2) All sump pump systems within the city shall meet the following requirements:
(a) No sump pump system shall discharge any clear water into the city's sanitary sewer system;
(b) The sump pump system design shall provide and operate year-round discharge of water through a permanently installed discharge line from the interior of the structure to the exterior of the structure from which the clear water is discharged either onto the property which the sump pump system serves or directly into the city's storm sewer system by direct connection thereto or into the abutting city street for discharge into the street drainage, provided approval is first obtained through a license agreement from the Public Works Director or designee;
(c) The sump pump system's permanent discharge line shall be made of material that complies with the Minnesota Plumbing Code and shall not have any connection fittings as to permit alterative flow path subsequent to installation;
(d) If the sump pump system discharge line is connected directly to the city's storm sewer system upon approval by the city, then the discharge line shall have a check valve which shall be located within the property's boundaries and not within the public right-of-way; and
(e) The owner of the property from which a sump pump system discharge line is connected directly to the city's storm sewer system shall be responsible for the upkeep, maintenance, and locating of the sump pump discharge line located within the public right-of-way.
(3) Inspections.
(a) Inspections required.
1. Any property within the city that is connected to the city's sanitary sewer system shall be subject to a compliance inspection to determine whether the property's discharge of its clear water is in compliance with this section and is not discharged into the city's sanitary sewer system. The property owner or occupant shall permit the city's designated inspector on the property and within any structure thereon to complete the inspection. The compliance inspection shall occur within 30 days of written notice from the city that a compliance inspection is required on the property. The compliance inspection shall occur at a reasonable time and in the manner as determined by the Public Works Director.
2. In lieu of a compliance inspection by the City Inspector, the property owner or occupant may have the property inspected, at the sole expense of the owner or occupant, by a licensed plumber who shall inspect the property and file a certificate of compliance, on a form provided by the city, within 30 days of the city's notice of the required inspection. The licensed plumber who conducts the compliance inspection shall certify on the certificate of compliance that the property's discharge of clear water is in compliance or noncompliance with the provisions of this section.
3. In the event that the inspector cannot complete the compliance inspection because the sewer sump pump basket and discharge piping is not readily accessible as required by the Minnesota State Plumbing Code, the owner or occupant shall take all necessary steps to make the sewer sump pump basket and discharge piping readily accessible for the re-inspection to be completed within 30 days of the date the inspector was at the property to conduct the initial inspection. If the owner or occupant fails to make the sewer line sump pump basket and discharge piping accessible for inspection, such failure shall constitute a failure to comply with inspection requirements and subject to the monthly surcharge set forth herein.
(b) Failure to comply with inspection requirements. If the property owner or occupant fails to permit or have completed a compliance inspection, the city may apply to the district court for an appropriate administrative search warrant authorizing the city to enter the property to conduct the inspection.
(c) Re-inspections. In the event that the discharge of clear water on the property is not in compliance with this section, a second compliance inspection shall be completed within 60 days of the notice of noncompliance to determine if the necessary corrections have been made and compliance with this section has been met. The second compliance inspection shall be subject to the requirements set forth above. Thereafter, the property may be subject to re-inspections on an annual basis to confirm continued compliance. Properties that are in compliance shall also be subject to re-inspections to confirm continued compliance.
(d) Corrections. Upon notice that the discharge of clear water on the property is not in compliance with this section, the owner or occupant of the property shall immediately cease from discharging clear water in violation of this section and shall make the necessary repairs and corrections to discharge the clear water in accordance with this section. Discharge of clear water in compliance with this section shall be completed within 60 days of the date of notice of noncompliance.
(e) Inspections with building permits. If a City Inspector is on a property for the purpose of a building permit inspection, the City Inspector has the authority to inspect the property for compliance with this section without further notice to the property owner or occupant.
(f) Inspections with water meter repair or replacement. If the city's designated personnel are on the property for the purpose of a water meter repair or replacement, the city representative has the authority to inspect the property for compliance with this section without further notice to the property owner or occupant.
(g) Surcharges.
1. A monthly surcharge in an amount duly adopted by City Council shall be assessed against the property on which clear water is discharged in violation of this section. The monthly surcharge will be charged on the property's municipal utility billing statement. A monthly surcharge will be assessed and charged as follows:
A. An inspection as required herein has not been allowed by the property owner or occupant or a certificate of compliance has not been filed with the city within 30 days after the city's notice of inspection;
B. The property owner or occupant fails to make the sewer line sump pump basket and discharge piping readily available for the inspection;
C. The necessary corrections have not been made within the time specified; and
D. The property owner or occupant reconnects a clear water discharge line to the city's sanitary sewer system after it has been previously disconnected at the city's or a court's direction.
2. A surcharge will be assessed for every month during which the property is not in compliance or the property owner has not made the sewer line sump pump basket and discharge piping readily available for the inspection, whether the noncompliance has existed for the entire month or a portion thereof. The monthly surcharge for a re-connection will be charged for each month beginning with the month in which the inspection was completed or a certificate of compliance was filed confirming the previous disconnection through the end of the month in which the reconnection is subsequently disconnected.
(h) Temporary waiver. The city may grant a temporary waiver from the provisions of this section where strict enforcement would cause a threat of damage or harm to other property, the environment, or public safety because of circumstances unique to the individual property or due to weather conditions. A written request for a temporary waiver must be first submitted to the Public Works Director specifying the reasons for the temporary waiver. If a temporary waiver is granted, the property owner shall pay an additional fee for wastewater sewerage service charges based on the number of gallons discharged into the city's sanitary sewer system as estimated by the Public Works Director. The Public Works Director may set conditions to the temporary waiver. The Public Works Director may terminate the temporary waiver upon a failure to comply with any conditions imposed on the temporary waiver. The Public Works Director must give a five-day written notice of the termination to the property owner and occupant setting forth the reasons for the termination. After expiration or termination of a temporary waiver, the property owner shall comply with the provisions of this section.
(‘81 Code, § 21-25) (Ord. 152, passed 11-13-74; Am. Ord. 956, passed 12-26-13) Penalty, see § 10.99