Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. APPROVING AUTHORITY. The Council, or its duly authorized board, agent or representative.
B. BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory conditions in five days at 20°C. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
C. BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives waste from inside the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
D. BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. Also called HOUSE CONNECTION.
E. COD or CHEMICAL OXYGEN DEMAND. The oxygen equivalent of that portion of the organic and inorganic matter in a sample of wastewater, expressed in parts per million by weight, that can be oxidized by a strong chemical oxidizing agent. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
F. COLLECTION SYSTEM. The system of sewers and appurtenances for the collection, transportation and pumping of domestic wastewater and industrial wastes.
G. COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water. The city has no COMBINED SEWERS.
H. COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the city NPDES permit, if the city treatment works is capable of removing the pollutants and, in fact, does remove the pollutants to a substantial degree. Examples of additional pollutants may include: chemical oxygen demand, total organic carbon, phosphorus, phosphorus compounds, nitrogen and/or nitrogen compounds.
I. CONNECTION. Each connection into a sewer system.
J. CONSTRUCTION COST. The total cost incurred in the construction of sewerage works, consisting of, but not limited to the sums spent for the following purposes:
1. Actual sums paid for construction of wastewater treatment facilities and land acquisition;
2. Actual engineering fees paid for preliminary engineering studies, plans and specifications, services during construction, construction staking, operation and maintenance manuals and initial operator training;
3. Actual sums paid for soils investigations, wastewater sampling and materials testing required for the construction;
4. Actual fees and wages paid for legal, administrative and fiscal services required by construction of wastewater treatment facilities; and
5. Actual interest paid on the total amount financed by debt obligation for construction of wastewater treatment facilities.
K. DEBT SERVICE CHARGE. The total charge levied on users for purposes of paying construction costs (principal and associated interest) of obligations incurred to finance acquisition and/or construction of sewerage works.
L. DOMESTIC WASTEWATER. Water-borne wastes normally discharged into the sanitary conveniences of dwellings, including apartment houses and hotel, office buildings, factories and institutions, free of storm and surface water and industrial wastes.
M. EASEMENT. An acquired legal right for the specific use of land owned by others.
N. FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
O. GARBAGE. The animal and vegetable waste resulting from handling, preparation, cooking and services of food.
P. INCOMPATIBLE POLLUTANT. Any pollutant which is not compatible pollutant.
Q. INDUSTRIAL WASTES. A distinction from domestic or sanitary wastes. The wastewater from industrial processes, trade or business.
R. INFILTRATION. The water entering the sanitary sewer system and 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.
S. INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
T. INFLOW. The water discharged into the sanitary sewer system 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 to storm sewers, catch basins, stormwaters, surface run-off, street wash waters or drainage. INFLOW does not include, and is distinguished from, infiltration.
U. MAJOR CONTRIBUTING INDUSTRY. An industrial user of the city treatment works that:
1. Has a wastewater flow of 50,000 gallons or more per average work day;
2. Has a wastewater flow greater than 5% of the flow carried by the city system receiving the wastewater;
3. Has in its wastewater a toxic pollutant in toxic amounts, as defined in standards issued under § 307(a) of P.L. 92-500; and/or
4. Is found by the permit issuance authority, in connection with the issuance of an NPDES permit to the city treatment works receiving the wastewater, to have significant impact, either singly or in combination with other contributing industries, on the city treatment works or upon the quality of effluent from the city treatment works.
V. NATURAL OUTLET. Any storm sewer or surface water which overflows into a watercourse, pond, ditch, lake or other body of surface or groundwater.
W. NORMAL STRENGTH DOMESTIC WASTEWATER. Normal strength wastewater for the city in which the average concentration of suspended materials and five-day BOD is established at no greater than 200 parts per million by weight suspended materials and 280 parts per million by weight BOD. The COD of normal domestic wastewater shall not exceed 350 parts per million. The wastewater does not include infiltration and/or inflow, and it is composed of domestic wastewater.
X. NPDES PERMIT. The National Pollutant Discharge Elimination System permit held by the city. This permit, which establishes limits on quality and quantity of discharges from the city treatment works, was issued by the state and federal governments in accordance with the provisions of the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., the “Act,” §§ 402 and 405.
Y. OPERATION AND MAINTENANCE COST. Annual expenditures made by the city in the operation and maintenance of its sewerage works, consisting of, but not limited to the sums spent for each of the following purposes:
1. Wages and salaries of all operating, maintenance, administrative and supervisory personnel, together with all premiums paid on the wages and salaries; State Worker’s Compensation Coverage, for example;
2. Actual sums paid for electricity for light and power used for wastewater collection and treatment facilities;
3. Actual sums paid for chemicals, fuel and other operating supplies;
4. Actual sums paid for repairs to and maintenance of wastewater collection and treatment facilities and the equipment associated therewith;
5. Actual sums paid as premiums for hazard insurance carried on sewerage works;
6. Actual sums paid as premiums for insurance providing coverage against liability imposed by law for the injury to persons and/or property, including death, of any person or persons resulting from use and maintenance of the sewerage works;
7. Actual sums paid for replacement of equipment within the useful life of the wastewater treatment facilities; for example, the cost to replace an electric motor or pump that fails or a broken part in a pump; and
8. Actual sums set aside in a sinking fund established to provide a future capital amount for replacement of sewerage works equipment.
Z. PARTS PER MILLION. A weight-to-weight ratio. The parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water. PARTS PER MILLION and MILLIGRAMS PER LITER (mg/l) shall be synonymous terms.
AA. pH. The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen ion concentration of 0.000,000,1 grams/liter or 107 grams per liter.
BB. PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
CC. PUBLIC SEWER. A common sewer controlled by a governmental agency or public utility.
DD. REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the sewerage works to maintain the capacity and performance for which the facilities were designed and constructed. As noted above, the term OPERATION AND MAINTENANCE COST includes REPLACEMENT COSTS.
EE. SANITARY SEWER. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters (infiltration/inflow) that are not admitted intentionally.
FF. SEWAGE.
1. The spent water of a community.
2. The preferred term is
WASTEWATER, sometimes referred to as SANITARY WASTE.
GG. SEWER. A pipe or conduit that carries wastewater or drainage water.
HH. SEWER SERVICE CHARGE. The total charge levied on users for sewer service. SEWER SERVICE CHARGE is the sum of “user charge” and “debt service charge.”
II. SEWERAGE WORKS. All facilities for collecting, pumping, treating and disposing of wastewater and industrial wastes.
JJ. 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 five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
KK. STANDARD METHOD. The examination and analytical procedures set forth in the latest edition at the time of the analysis of Standard Methods for the Examination of Water and Wastewater, as prepared, approved and published jointly by the American Public Health Association, the Water Pollution Control Federation and the American Water Works Association. The STANDARD METHODS shall also conform to Federal Register Reprint, 40 CFR 136, “Guidelines Establishing Test Procedures for Analysis of Pollutants (Oct. 16, 1973).”
LL. STORM DRAIN or STORM SEWER. A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
MM. STORMWATER RUNOFF. The portion of the rainfall that is drained into the storm sewers or storm drains.
NN. SUMP PUMP. A pump for disposing of storm drainage.
OO. SUPERINTENDENT. The Superintendent of Wastewater Facilities of the city or his or her authorized deputy, agent or representative.
PP. SUSPENDED SOLIDS, TOTAL SUSPENDED SOLIDS or TSS. Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids and that is removable by laboratory filtering, as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as NON-FILTERABLE RESIDUE.
QQ. UNIT. A unit of water is 100 cubic feet.
RR. USER. Any person who discharges, causes or permits the discharge of wastewater into the city’s sanitary sewer system.
SS. USER CHARGE. A charge levied on users to recover the cost of operation, maintenance and replacement of sewerage works, pursuant to § 204(b) of the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq.
TT. USER CLASS. The division of the users by wastewater characteristic or discharge similarities (example, residential, commercial, industrial, institutional and governmental).
1. COMMERCIAL USER. Any establishment listed in the office of Management and Budget “Standard Industrial Classification Manual,” 1972 Edition, involved in a commercial enterprise, business or service which, based on a determination by the city, discharges primarily segregated domestic wastewater or wastewater from sanitary conveniences.
2. GOVERNMENTAL USER. Any federal, state or local government user of the wastewater treatment facilities.
3. INDUSTRIAL USER.
a. Any non-governmental user of the publicly owned treatment facilities identified in the 1972 Standard Industrial Classification Manual (SICM), Office of Management and Budget, as amended and supplemented under the following divisions:
i. Division A Agriculture, Forestry and Fishing;
ii. Division B Mining;
iii. Division D Manufacturing;
iv. Division E Transportation, Communication, Electric, Gas and Sanitary Services; and
v. Division I Services.
b. An industrial user is also defined as a user who discharges to the city sanitary sewer system any liquid wastes resulting from the processes employed in industry or manufacturing or in the development of any natural resource.
4. INSTITUTIONAL USER. Any establishment listed in the SICM involved in a social, charitable, religious or education function which, base on a determination by the city, discharges primarily segregated domestic wastewater or wastewater from sanitary conveniences.
5. RESIDENTIAL USER. A user of the treatment facilities whose premises or building is used primarily as a residence for one or more persons, including dwelling units such as detached, semi-detached and row houses, mobile homes, garden and standard apartments or permanent multi- family dwellings. Transit lodging, considered commercial in nature, is not included.
UU. 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 benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
VV. WASTEWATER. The spent water of a community. 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 stormwater that may be present.
WW. WASTEWATER TREATMENT FACILITIES. An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with WASTE TREATMENT PLANT, WASTEWATER TREATMENT PLANT or WATER POLLUTION CONTROL PLANT.
XX. WASTEWATER FACILITIES. The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
YY. WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
Subd. 2. Use of public sewers required.
A. It is 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 or animal excrement, garbage or objectionable waste.
B. It is unlawful to discharge to any natural outlet within the city or in any area under city jurisdiction, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this section.
C. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
D. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may, in the future, be located a public sanitary sewer of the city, is hereby required at the owner’s expense to install suitable service connection to the public sewer in accordance with the provisions of this section, within 90 days after date of official notice to do so.
E. In the event an owner shall fail to connect to a public sewer in compliance with a notice given under Subpar. D above, the city may undertake to have the connection made and shall assess the cost thereof against the benefitted property. The assessment shall be a lien against the property. The assessment, when levied, shall bear interest at the rate determined by the Council and shall be certified to the Auditor of the county 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 section.
Subd. 3. Private wastewater disposal.
A. Where a public sanitary sewer is not available under the provisions of Subd. 2, Subpar. D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of the City/County Sanitation Code.
B. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.
C. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the City Sanitarian or the state.
Subd. 4. Building sewers and connections.
A. It is unlawful for any unauthorized person to uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the approving authority.
B. 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 directly or indirectly be occasioned by the installation of the building sewer.
C. A separate and independent building sewer shall be provided for every building unless written permission for an alternative is obtained from the city. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
D. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the approving authority, to meet all requirements of this section.
E. The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the city.
F. 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 wastewater carried by the building drain shall be lifted by an approved means and discharged to the building sewer.
G. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, sump pumps or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless the connection is approved by the approving authority. Where a sump pit exists in any such building, it shall have a pump installed; no empty pits shall be permitted. The sump shall have a permanently- installed discharge line which provides for a year-round discharge connection to the city subdrain/storm sewer system or exterior surface discharge point, or as otherwise approved by the city. Such discharge line shall consist of a rigid pipe (PVC, copper, or galvanized) discharge line inside the structure, without valving or quick connections for altering the path of discharge and, if connected to the city subdrain/storm sewer system, shall include a check valve. No discharge shall be directed so as to impact neighboring properties or any city street, sidewalk or right-of-way. The city may allow installation of a locked “winter/summer” valve in individual circumstances to abate nuisance icing where no subdrain/storm sewer and other reasonable alternative exists, only with review and express permission of the city.
H. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the city. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.
I. The applicant for the building sewer permit shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the approving authority.
J. 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 approving authority.
K. A portion of the construction cost, as well as the cost of maintaining (in the form of construction and replacement) the municipal sanitary sewer system shall be recovered by the imposition of special assessments pursuant to M.S. Chapter 429; a sewer connection or availability charge, as described herein, and as authorized under M.S. Chapter 444; through a general expenditure of city funds; or a combination of all three.
1. Sanitary sewer permit fee. A sanitary sewer permit fee, as determined from time to time by the City Council, shall be collected when a user connects to the existing infrastructure and receives the benefit of the downstream sanitary sewer system, lift stations and waste water treatment plant. The fee structure will be based on a residential equivalent unit (REU). The City Engineer shall determine the appropriate REU’s of the user based upon factors that may include the property’s classification as an industrial, commercial, nonresidential or residential property, or similar factors.
2. Sewer lateral development charges. A sewer lateral development charge, as determined from time to time by the City Council, shall be collected when a user connects to that portion of a public sewer system that has been extended from a point on the existing sanitary sewer collection system where the extension has not been paid for by a private developer or through prior assessments. Before a permit shall be issued, the city shall determine that one of the following conditions exists:
a. The lot or tract of land to be served by such connection has been assessed for the cost of construction of the sanitary sewer main with which the connection is made;
b. If no special assessment has been levied for such construction costs, the proceedings for levying the special assessment will be completed in due course;
c. If no special assessment has been levied, and no special assessment proceedings will be completed in due course, a sum equal to the portion of cost of construction of the sanitary sewer main which would be assessable against said lot or tract has been paid to the city;
d. The cost of construction of the sanitary sewer main with which the connection is made has been paid for by the owner of the lot or tract of land to be served by the connection, or by any developer as part of the creation of said lot or tract; or
e. If none of the above conditions are met, no permit to connect to any sanitary sewer main shall be issued unless the applicant shall pay a sewer lateral development charge, determined from time to time by the City Council, to be the just and equitable charges for the use and availability of the sewer facilities and connections with them, such charges to be determined by the City Engineer and the City Council to be as nearly as possible proportionate to the cost of furnishing the service.
3. Sewer service charge. A sewer service charge, as determined from time to time by the City Council, shall be collected when a user connects to the dedicated sewer service that has been extended from the sewer main to within ten feet of his or her property line of a designated lot. Before a permit shall be issued, the city shall determine that one of the conditions identified in K(2)(a) through K(2)(e) above exists.
(Ord. 620, passed 7-21-14)
Subd. 5. Use of the public sewers.
A. It is unlawful for any person to discharge or cause to be discharged any unpolluted waters such as stormwater, ground water, roof runoff, subsurface drainage or cooling water to any sewer. Stormwater runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewer by permission of the approving authority.
B. Stormwater other than that exempted under Subpar. A above and all other unpolluted drainage shall be discharged to sewers as are specifically designated storm sewers or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority and in accordance with the provisions of state and federal regulations, to a storm sewer or natural outlet.
C. It is unlawful for any person to discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. Any pollutants that causes interference within the collection system or pass through or interference at the wastewater treatment facilities;
2. Any pollutant that would directly or indirectly result in a violation of the city’s NPDES permit;
3. Any trucked in waste except at discharge points designated by the approving authority;
4. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas or any pollutant that creates a fire or explosion hazard in the collection system or at the wastewater treatment facilities including but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21;
5. Pollutants that result in the presence of toxic solids, liquids, gases, vapors or fumes in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, result in a violation of state of federal water quality standards or create any hazard in the collection system, wastewater treatment facilities or the receiving waters;
6. Any waters or wastes having a pH lower than 5.5, or higher than 9.5, or having any other corrosive property, capable of causing damage or hazard to structures, equipment and personnel of the collection system or wastewater treatment facilities (exceptions may be granted by the approving authority for short duration flows where it has been or can be shown that high or low pH would not cause any significant wastewater process problems);
7. Solid or viscous pollutants in amounts or of a size causing obstruction to the flow in sewers or interference with the operation of the wastewater treatment facilities such as, but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers and the like, either whole or after passage through garbage grinders;
8. Wastewater having a temperature higher than 105 degrees Fahrenheit or 65 degrees Celsius or heat in amounts that will inhibit biological activity at the wastewater treatment facilities resulting in interference but in no case heat in such quantities that the temperature at the headworks of the wastewater treatment facilities exceeds 104 degrees Fahrenheit or 40 degrees Celsius unless the Minnesota Pollution Control Agency upon request of the approving authority approves alternative temperature limits;
9. Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference with the collection system, or interference or pass through at the wastewater treatment facilities or in concentrations greater than 25 milligrams per liter;
10. Any pollutant including oxygen demanding pollutants such as biochemical oxygen demand released in a discharge at a flow rate or pollutant concentration that will cause pass through or interference at the wastewater treatment facilities;
11. Any garbage that has not been properly shredded (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 in kitchens for the purpose of consumption on the premises or consumption elsewhere when served by caterers); and
12. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
D. The following described substances, materials, waters, or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb, public property or constitute a nuisance. The approving authority may set limitations lower than the limitations established in the regulations below if, in its opinion, the more severe limitations are necessary to meet the above objectives. In forming the opinion as to the acceptability, the approving authority will give consideration to the factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the approving authority are as follows:
1. Wastewater from industrial plants containing floatable oil, fat or grease, in excess of concentrations permitted by the approving authority;
2. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to a degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the approving authority for the materials;
3. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority;
4. Any radioactive material of a half-life or concentration as may exceed limits established by the approving authority or applicable state and federal regulations;
5. Quantities of flow, concentration or both, which constitute a slug, as defined herein; and
6. Waters or waste containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to a degree that the wastewater treatment facilities effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
E. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subpar. D of this subdivision, and which in the judgment of the approving authority may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the approving authority may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewer;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or service changes. If the approving authority permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the approving authority.
F. Grease, oil and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subpar. D, Item 3 hereof, or any flammable wastes, sand or other harmful ingredients, except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Any removal and hauling of the collected materials not performed by owner’s personnel must be performed by currently licensed waste disposal firms.
G. 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 by the owner, at his or her expense.
H. When required by the approving authority, the owner of any property serviced by a building sewer carrying industrial or domestic wastewater shall install a suitable structure together with the necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. The structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the approving authority. The structure shall be installed by the owner, at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.
I. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section 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, durations and frequencies are to be determined on an individual basis subject to approval by the approving authority.
J. New connections to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities, including, but not limited to capacity for flow, BOD and suspended solids.
K. It is unlawful for any person, unless authorized, to uncover, make any connection with or opening into, use, alter or disturb any sanitary or storm sewer within the city or any part of the city wastewater facilities.
L. No sanitary or storm sewers shall be constructed in the city, except house or building service sewers, except by the city or by others in accordance with plans and specifications approved by a professional engineer. No sewers shall be constructed or considered to be part of the public sewer system unless accepted by the city.
M. The size, slope, alignment, material of construction, methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work connected with the construction of sewers shall conform to the requirements of the city.
N. Individual control mechanism agreement.
1. The city may require industrial users discharging waste water into the city wastewater treatment system to enter into an individual control mechanism agreement. The city shall not require an agreement if the Director determines that the waste water has an insignificant impact to the city’s system. Entering into an individual control mechanism agreement shall not relieve the industrial user from any obligation to obtain any hazardous waste license required by other authorities or to comply with any other local, state, or federal requirements regarding waste disposal. The criteria utilized by the Director to determine if an individual control mechanism agreement will be required include:
a. An average flow loading greater than 25,000 gallons per operating day;
b. Has prohibitive discharge properties;
c. Has been pretreated or passed through an equalization tank before discharge;
d. A hydraulic or organic loading greater than 5% of the average dry weather capacity of the WWTF;
e. An industrial process regulated by EPA categorical standards; or
f. Others as designated by the city as defined in 40 CFR 402.12(a).
2. Among other things, the individual control mechanism agreement shall include those requirements provided for in Subd. 5, Subpar. E above as may be required by the approving authority.
3. The city may require that the industrial user provide compliance schedules and reports as the Director deems necessary to determine that the industrial user has complied with this subdivision and any requirements set forth in the individual control mechanism agreement.
4. Outlying jurisdictions entering into individual control mechanism agreements with the city shall be responsible for implementing a pretreatment program that complies with the requirements of Chapter 3 of the City Code.
5. At a minimum each individual control mechanism agreement shall contain the following conditions:
a. A statement of duration, which must be no more than five years;
b. A statement of non-transferability without, at a minimum, prior notification to the POTW authority and provisions of a copy of the existing control mechanism to the new owner or operator;
c. Effluent limits, including best management practices, based on applicable required pretreatment standards in Minnesota Rules, part 7049.0650;
d. Self-monitoring, sampling, reporting, notification, and record keeping requirements, including an identification of the pollutants to be monitored, including the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge according to Minnesota Rules, part 7049.0570, subpart 3, or a specific waived pollutant in the case of an individual control mechanism; sampling location; sampling frequency; and sample type, based on the applicable required pretreatment standards as specified in Minnesota Rules, part 7049.0650;
e. A statement of applicable civil and criminal penalties for violation of required pretreatment standards and requirements and any applicable compliance schedule. The schedule may not extend the compliance date beyond applicable federal deadlines; and
f. Requirements to control slug discharges, if determined by the POTW to be necessary.
6. The individual control mechanism agreement shall require that categorical industrial users must comply with the national categorical standards of the Environmental Protection Agency of the U.S.; further must require that industrial users must comply with all federal and state pretreatment rules and regulations.
(Ord. 597, passed 9-17-12)
Subd. 6. Protection from damage.
A. It is unlawful for any person to maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities.
B. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
Subd. 7. Powers and authority of inspectors.
A. Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to any public sewer or natural outlet in accordance with the provisions of this section. Sampling pertaining to industry will reflect the number of days an industry is not operating as well as the days in operation and discharging waste to a public sewer. The owner of any dwelling, building, or other structure shall have a period of 30 days from the date the city sends a written notice to the owner requesting admittance to the owner’s property for an inspection, to either allow a city inspection of the property, or to contract with a licensed plumber to perform the inspection, and notify the city of the results thereof. Such inspection, whether performed by the city inspector, or by the licensed plumber hired by the property owner, shall be completed within said 30 day period. Upon completion of a city inspection of a property, or upon the city’s receipt of an inspection form from the licensed plumber hired by the owner of the property. If the city has determined that any such property is improperly discharging storm water into the city sanitary sewer system, then the owner shall have a period of 90 days from the date the city sends such written notice to the owner, to obtain a plumbing permit, and to disconnect the owner’s sump pump or other prohibited discharge into the city sanitary sewer system, and to request re-inspection, certifying that all work necessary to disconnect the owner’s sump pump or other prohibited discharge from said property into the city sanitary sewer system has been completed. All work that is necessary to comply with the provisions of this division which requires the issuance of any plumbing, building, or other permit under this code shall be inspected by the city inspection services division for compliance with all applicable city code requirements. If owner leases the subject property, owner has a duty to provide these notices to every tenant of the property. No lease or other contract purporting to shift maintenance or repair obligations to a tenant shall relieve owner’s obligations to the city to comply with these regulations. Tenants in any property within the city have an obligation to cooperate with the owner and the city, utilities and their designees with respect to the completion of any required inspections or necessary modifications.
B. The approving authority or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.
C. While performing the necessary work on private properties referred to in Subpar. A above, duly authorized employees of the city shall observe safety rules applicable to the premises established by the company, 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 or demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the company to maintain safe conditions, as required in Subd. 5, Subpar. H.
D. Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
E. Confidential information.
1. User information obtained from reports, questionnaires, permit applications, permits, monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate that the release of the information would divulge information, processes, or methods of production entitled to protection as trade secrets.
2. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this subdivision, the NPDES permit, state disposal system permit, and/or the pretreatment programs, provided that the portions of a report shall for 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.
3. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the Director until and unless a ten day notification is given to the user.
(Ord. 597, passed 9-17-12)
Subd. 8. Penalties.
A. Administrative fines. Notwithstanding any other subdivision of this section, any user who is found to have violated any provision of this section, individual control mechanism agreements, or permits and orders issued hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Unpaid charges, fines, and penalties shall constitute a lien against the individual user’s property. Industrial users desiring to dispute the fines must file a request for the City Finance Director to reconsider the fine within ten days of being notified of the fine. When the City Finance Director believes a request has merit, the Finance Director shall convene a hearing on the matter within 30 days of receiving the request from the industrial user.
B. Criminal penalties. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be furnished by a fine of not more than $1,000, or by imprisonment for not to exceed 90 days, or both.
C. Costs. In addition to the penalties provided herein, the city may recover court costs, court reporter’s fees and other expenses of litigation by an appropriate action against the person found to have violated this section or the orders, rules, regulations, and permits issued hereunder.
D. Costs of damage. Any person violating any of the provisions of this section shall become liable to the city for any expense, loss, or damage. The Director 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 shall constitute a violation of this section.
E. Falsifying information. Any person who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this section, or an individual control mechanism agreement, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this section, shall upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more that 90 days, or both.
(Ord. 597, passed 9-17-12)
Subd. 9. Sewer service charges.
A. Persons discharging wastewater to the city sanitary sewer system in accordance with the provisions of this section shall be charged monthly on the basis of the volume and strength of wastewater discharged. The monthly service charge will include a user charge component (to meet all costs associated with operation, maintenance and replacement of the wastewater collection and treatment facilities) and a debt retirement component (to meet facility construction costs). The actual service charge shall be based upon four cost causative elements: flow, BOD, suspended solids and administration. Administration costs shall include all costs (such as billing costs, insurance costs and infiltration/inflow related costs) that are judged to be equitably recovered on a uniform monthly minimum or connection type charge. That is, administration costs are not a variable among various users since these costs are not a function of the amount of wastewater discharged by a particular user.
B. As an equitable share of the expenses incurred by the city in the construction, administration, operation, maintenance and replacement of the sewerage works, each user will pay to the city a monthly amount based upon the following formula:
A = M + (f)(F) + (b)(B) + (ss)(S) + R + I/I Surcharge
1. A = Service charge to user, with units of $/month.
2. M = Average city per connection cost for administration.
3. f = Average city unit cost of wastewater collection and treatment, with units of $/100 cubic feet.
4. F = Volume of wastewater from user with units of 100 cubic feet per month (often assumed equal to metered water usage).
5. b = Average city unit cost of wastewater treatment chargeable to BOD, with units of $/lb of BOD.
6. B = Weight of BOD contributed by user, with units of lb BOD per month.
7. SS = Average city unit cost of wastewater treatment chargeable to suspended solids, with units of $/lb suspended solids.
8. S = Weight of suspended solids contributed by user, with units of pound of SS per month.
9. R = Monthly amount of required federal grant repayments, in accordance with regulations applying to grant funds received by the city. R = zero for non-industrial users and may also equal zero for industrial users, depending upon applicable federal regulations.
10. I/I Surcharge = Any owner who fails to comply with the requirements of this code relating to prohibited clear water discharge to sanitary sewer shall pay a monthly surcharge on the property owner’s city sewer bill in the amount of $100 per month. Said surcharge shall commence on the first day of the month following the expiration of the 30 day period set forth for inspections, or the 90 day period set forth for correction of deficiencies, as applicable, when either the property owner has failed to timely allow a city inspection or has failed to timely correct any illegal connections to the city sanitary sewer system. Such surcharge shall continue to be imposed on the owner’s city sanitary sewer bill for as long as the property owner continues to own the property without complying with the requirements of this code. This monthly surcharge is intended to offset the added cost to the city associated with having the city wastewater collection, conveyance, and treatment system process clear or clean water (Inflow/Infiltration) unnecessarily, when the status of the property owner’s connection or non-connection to the city sanitary sewer system cannot be ascertained, or when the owner has failed to timely disconnect any discharge of storm water to the city sanitary sewer system.
C. Average city unit costs shall be computed annually and shall include operation and maintenance costs, including replacement costs, and annual construction costs. Costs shall be distributed initially as follows:
Cost Causative Element
|
Debt or Construction | Operation and Maintenance |
Flow | 40% | 34% |
BOD | 25% | 16% |
Suspended solids | 35% | 35% |
Administration | Zero | 15% |
Total | 100% | 100% |
1. This distribution will be applied annually until changes in the actual cost revenue pattern render another distribution more equitable.
2. Initial unit cost figures for the service charge will be established by Council resolution. Computations supporting unit cost figures (f, b and SS) and service charges shall be revised annually.
3. Industrial cost recovery figures are not applicable at the date of enactment of this section.
4. All users discharging normal strength domestic wastewater shall be billed a fixed amount “M” per month per sewer connection (to cover administrative and infiltration/inflow related costs), plus a fixed rate per 100 cubic feet of metered water used. Minimum billing shall be “M” per month, per sewer connection. The value of “M” will be established by Council resolution.
5. All users discharging wastewater with a strength lower than that of normal strength domestic wastewater shall be billed for a normal strength domestic wastewater discharge. That is, no allowances will be made in billing users that discharge a diluted or low strength wastewater.
6. All users which discharge wastewater above the normal strength of domestic wastewater shall be billed at the rates shown in the unit cost figures established by Council resolution. Industrial users that discharge above normal strength domestic wastewater shall be billed monthly based upon the volume of wastewater, the pounds of BOD and the pounds of suspended solids discharged. Monthly bills shall be computed as follows:
Service Charge = “M” + f(Monthly flow) + b(lb BOD/month)(lb SS/month)
a. f, b and SS have the meaning noted in Subpar. B and values as established by Council resolution.
7. Each user of the city sewer system that does not have a metered source of water must install an accurate water or wastewater flow metering device (at user’s expense) that will serve as a basis for estimating the volume of wastewater discharged and determining the sewer service charge.
8. All users of city water that is not discharged to the city sanitary sewer system may install a separate water system and meter (one only in the same building as the main meter) to isolate and meter non-sewered water for which no service charge is required. If, at any time after this independent system is installed, water from this system enters the sanitary sewer system, the user shall be subject to the penalties of Subd. 8 and shall be ordered to eliminate the independent system if this violation is continued.
9. If necessary, the federal grant funds received by the city for purposes of treating industrial wastewater shall be recovered by the city during the treatment facility service life. Cost recovery amounts shall be shown as a specific portion of the regular sewer service billing received by the industry, when and if the amounts are required by federal grant regulations.
10. In no case will an industrial user’s monthly bill be less than “M,” per sewer connection, plus the fixed normal strength domestic wastewater rate/100 cubic feet of wastewater discharged. Computations used in the development and subsequent adjustments of all of the above mentioned rates are on file in the City Engineer’s office and are available for review.
D. To insure the required financial surveillance, the City Administrator shall annually review the cash flows associated with providing wastewater treatment service for the city and shall report the findings to the Council at the first April meeting of each year. Any inequities and/or shortages of revenue caused by unforeseen changes in the cost revenue pattern of the wastewater treatment facilities shall be remedied immediately by a Council resolution adjusting the unit cost figures. Adjusted unit figures shall be computed in accordance with the principals of this subdivision.
E. Wastewater service charges provided for in this section shall be included as a separate item on the regular bill for water. Charges shall be paid at the same time that the water charges of the person become due. The city shall annually notify all users what portion of the service charge is necessary to meet the operation, maintenance and replacement costs (user charge) and what portion is necessary to meet long term debt (debt service charge).
G. The Council may, by resolution, adopt a policy for excluding summer season non-sewered water usage (residential lawn and garden irrigation water) from the volume utilized in computing the residential sewer service charge.
(Ord. 19, Second Series, passed 1-1-82)
Subd. 10. Applicability. This section shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city wastewater treatment facility.
(Ord. 597, passed 9-17-12)
Subd. 11. Remedies.
A. Remedies available. The Director may suspend the sewer system when the suspension is necessary, in the opinion of the Director, 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, the environment, or the city wastewater treatment system, or would cause the city to violate any condition of the NPDES or state disposal system permit. Any user notified of a suspension of the sewer system service shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city wastewater treatment system or endangerment to any individuals. The Director shall reinstate the sewer system service upon proof of the elimination of the noncomplying discharge.
B. Notification of violation. Whenever the Director finds that any person has violated or is violating this section, has breached an individual control mechanism agreement or any prohibition, limitation or requirement contained herein, the Director may serve upon such person a written notice stating the nature of the violation. Within ten days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
C. Show cause hearing; notice of hearing. If the violation is not corrected by timely compliance, the Director may order any user which causes or allows any unauthorized discharge to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 14 days before the hearing. Service may be made on any agent or officer of a corporation.
1. Hearing officials. The City Council may itself conduct the hearing and take the evidence, or may designate any of its members, administrative law judges, or any officer or employee of the (assigned department) to:
a. Issue in the name of the city notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearings;
b. Take the evidence; and
c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
2. Transcripts. At any hearing held pursuant to this subdivision, testimony taken must be under oath and recorded. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
3. Issuance of orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are property operated. Further orders and directives as are necessary and appropriate may be issued.
D. Legal action. If any person discharges wastewater, industrial wastes, or other wastes into the city’s wastewater disposal system contrary to the provisions of this section, federal or state pretreatment requirement or any order of the city, the City Attorney may commence an action for appropriate legal and/or equitable relief.
(Ord. 597, passed 9-17-12)
Subd. 12. Publication of significant violations. Public notification will occur at least annually in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the WWTF of industrial users which, at any time during the previous 12 months, were in significant violation of applicable pretreatment standards or pretreatment requirements. For the purpose of this provision, an industrial user is in significant violation if its violations meet one or more of the following:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for the same pollutant parameter during a six month period equal or exceed the product of a number pretreatment standard or requirement, including instantaneous limits times the applicable TRC (TRC = 1.4 for CBOD, SS, fats, oil and grease and TRC = 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment (daily maximum or longer term average, instantaneous limit or narrative standard) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city employees or the general public);
D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the necessity for the city to exercise its emergency authority under 40 CFR 403.8 (F)(1)(vii)(b) to halt or prevent such a discharge;
E. Violation, by 90 days or more after the schedule date, or a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance;
F. Failure to provide required reports such as baseline monitoring reports, self-monitoring reports, and reports on compliance with compliance schedules, within 45 days of the due date;
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations, which may include a violation of best management practices which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
Subd. 13 Regulating dental amalgam.
A. Purpose.
1. The purpose of this subdivision is to prevent and control mercury discharges into the City wastewater treatment facilities, water supply and surrounding watersheds. The City of Austin Minnesota is under regulatory obligation to reduce mercury emissions from its wastewater treatment facility to a level at or below that is required by the Minnesota Pollution Control Agency.
2. In 2012, the Minnesota Pollution Control Agency developed criteria for state approval of acceptable amalgam separators, increasing the required amalgam particulate recovery rate to 99% as certified by applicable ANSI standards.
3. In June of 2017, the Environmental Protection Agency issued rules for nationwide installation of amalgam separators, 40 CFR Part 441. In those rules, the EPA created a dental office category of pretreatment standards which include requirements for installation, inspection, reporting, and maintenance of amalgam separators.
4. This subdivision is developed consistent with state and federal standards for dental amalgam removal and to meet the City of Austin standards on mercury elimination. Thus, the subdivision requires dental facilities to install, inspect, and maintain dental amalgam separators that are on the list of MPCA approved devices.
B. Definitions.
1. AMALGAM PROCESS WASTEWATER. Any wastewater generated and discharged by a dental discharger through the practice of dentistry that may contain dental amalgam.
2. AMALGAM SEPARATOR. An MPCA approved collection device designed to capture and remove 99% of dental amalgam from the amalgam process wastewater of a dental discharger.
3. DENTAL AMALGAM. Any alloy of elemental mercury and other metals that are used in the practice of dentistry.
4. DENTAL DISCHARGER. A facility where the practice of dentistry is performed, including, but not limited to, institutions, permanent or temporary offices, and home offices, as well as facilities owned and operated by federal, state, and local government that discharge wastewater to the Austin Wastewater Treatment System.
C. Applicability. This subdivision does not apply to a dental discharger that exclusively practices in one or more of the following dental specialties: oral pathology, oral and maxillofacial radiology, oral and macillofacial surgery, periodontics, prosthodontics and orthodontics. This subdivision further does not apply to wastewater discharges from a mobile unit operated by a dental discharger, to any dental discharger that collects all dental amalgam process wastewater for transfer to a Centralized Waste Treatment facility as defined in 40 CFR part 437, or to any dental discharger that does not place dental amalgam and does not remove dental amalgam except in limited emergency or unplanned, unanticipated circumstances and certify such to the City of Austin.
D. Requirements. Effective July 1st, 2020 a dental discharger subject to this subdivision must achieve the pretreatment standard of removal of dental amalgam solids from all amalgam process wastewater by one of the following methods:
1. Installation, operation, and maintenance of one or more amalgam separators that meet the following requirements:
a. The amalgam separator(s) must be sized to accommodate the maximum discharge rate of amalgam process wastewater.
b. An amalgam separator must be inspected by the discharger at least weekly and in accordance with the manufacturer's operating manual to ensure proper operation and maintenance of the amalgam separator(s) and to confirm that all amalgam process wastewater is flowing through the amalgam retaining portion of the amalgam separator(s). The dental discharger shall maintain an operations and maintenance log of amalgam separator(s) inspections available upon reasonable request by City of Austin staff.
c. In the event that an amalgam separator is not functioning properly, the amalgam separator may be repaired consistent with the manufacturer instructions or replaced with a unit that meets the requirements of this subdivision as soon as possible, but no later than ten business days after the malfunction is discovered by the dental discharger, or an agent or representative of the dental discharger.
d. The amalgam retaining units must be replaced in accordance with the manufacturer's schedule as specified in the manufacturer's operating manual or when the amalgam retaining unit has reached the maximum level, as specified by the manufacturer in the operating manual, at which the amalgam separator can perform to the specified efficiency, whichever comes first.
e. The amalgam separator(s) must be compliant with either the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) with Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions, as well as any current State of Minnesota removal efficiency standards. Compliance must be assessed by an accredited testing laboratory.
2. Installation, operation, and maintenance of one or more amalgam removal device(s) other than an amalgam separator. The amalgam removal device must meet the following requirements:
a. Removal efficiency of at least 99% of the mass of solids from all amalgam process wastewater, or such greater percent as may be required by either state or federal law. The removal efficiency must be calculated in grams recorded to three decimal places, on a dry weight basis. The removal efficiency must be demonstrated at the maximum water flow rate through the device as established by the device manufacturer's instructions for use.
b. The removal efficiency must be determined using the average performance of three samples. The removal efficiency must be demonstrated using a test sample of dental amalgam that meets the particle size distribution specifications of 40 CFR part 441.30(a)(2)(ii).
c. The device(s) must be sized to accommodate the maximum discharge rate of amalgam process wastewater.
d. The device(s) must be accompanied by the manufacturer's manual providing instructions for use including the frequency for inspection and collecting container replacement such that the unit is replaced once it has reached the maximum filling level at which the device can perform to the specified efficiency.
e. The device(s) must be inspected in accordance with the manufacturer's operation manual to ensure proper operation and maintenance, including confirmation that amalgam process wastewater is flowing through the amalgam separating portion of the device(s).
f. In the event the device is not functioning properly, it must be repaired consistent with manufacturer instructions or replaced with a unit that meets the requirements of this section 2 as soon as possible, but no later than ten business days after the malfunction is discovered by the dental discharger, or an agent or representative of the dental discharger.
g. The amalgam retaining unit(s) of the device(s) must be replaced as specified in the manufacturer's operating manual, or when the collecting container has reached the maximum filling level, as specified by the manufacturer in the operating manual, at which the amalgam separator can perform to the specified efficiency, whichever comes first.
h. The demonstration of the device(s) under this section 2 must be documented in the One-Time Compliance Report.
E. Best practices. Effective July 1, 2020, each dental discharger subject to this section shall adopt and implement "Best Management Practices" (BMPs) in accordance with this section. The BMPs must include:
1. Waste amalgam including, but not limited to, dental amalgam from chair-side traps, screens, vacuum pump filters, dental tools, cuspidors, or collection devices must not be discharged to the City or its Wastewater Treatment system.
2. Dental unit water lines, chair-side traps, and vacuum lines that discharge amalgam process wastewater to the City Wastewater Treatment system must not be cleaned with oxidizing or acidic cleaners that have a pH lower than six or greater than eight.
F. Reporting and recordkeeping requirements.
1. Every dental discharger subject to this subdivision must complete and file with the City of Austin a One-Time Compliance Report no later than July 1, 2020, or 90 days after a transfer of ownership, or for new discharge sources, no later than 90 days after the introduction of wastewater into the City Wastewater Treatment system. The One-Time Compliance Report, in a form approved by the City of Austin, must include:
a. The facility name, physical address, mailing address, and contact information.
b. Name(s) of the operator(s), and owner(s).
c. A description of the operation at the dental facility including: the total number of chairs, the total number of chairs at which dental amalgam may be present in the resulting wastewater, and a description of any amalgam separator(s) or equivalent devices used at the dental facility including, at a minimum, the make, model, and year of installation of the device(s).
d. Certification that the amalgam separator(s) or equivalent device is designed and will be operated and maintained to meet the requirements specified in this subdivision.
e. The name of the third-party service provider, if any, that maintains the amalgam separator(s) or equivalent devices at the dental facility. Otherwise, a brief description of the practices employed by the dental facility to insure proper operations and maintenance in accordance with this subdivision.
f. Certification that the dental facility is implementing best management practices specified in 40 CFR 441.30(b), and will continue to do so.
2. The One-Time Compliance Report must be signed and certified by a responsible corporate officer, a general partner, or proprietor if the dental discharger is a partnership or sole proprietorship, or a duly authorized representative in accordance with the requirements of 40 CFR 403.12(1).
3. If a dental discharger transfers ownership of the facility, the new owner must submit a new One-Time Compliance Report to the City no later than 90 days after the transfer. Transfer of ownership does not include the transfer of individual shares of stock or membership interests in a limited liability company that constitute less than a controlling interest in the company.
4. As long as a dental discharger subject to this subdivision is in operation, or until ownership is transferred, the dental discharger or an agent or representative of the dental discharger must maintain the One-Time Compliance Report required in this section and make it available for inspection in either physical or electronic form. In addition, dental dischargers or an agent or representative of the dental discharger must make available for inspection in either physical or electronic form, for a minimum of three years:
a. Documentation of the date, person(s) conducting the inspection, and results of each inspection of the amalgam separator(s) or equivalent device(s), and a summary of follow-up actions, if needed.
b. Documentation of amalgam retaining container or equivalent container replacement (including the date, as applicable).
c. Documentation of all dates that collected dental amalgam is picked up or shipped for proper disposal in accordance with 40 CFR 261.5(g)(3), and the name of the permitted or licensed treatment, storage or disposal facility receiving the amalgam retaining containers.
d. Documentation of any repair or replacement of an amalgam separator or equivalent device, including the date, person(s) making the repair or replacement, and a description of the repair or replacement (including make and model).
5. Dental dischargers or an agent or representative of the dental discharger must maintain and make available for inspection in either physical or electronic form the manufacturer's operating manual for the current device(s).
G. Inspection. City staff from the Wastewater Treatment Facility shall be authorized to inspect, upon reasonable advance notice and normal business hours, any facility conducting a dental practice to determine compliance with this subdivision.
H. Enforcement. A violation of this subdivision is subject to a civil penalty determined in the discretion of the city engineer in an amount of up to $500.00 per violation. Each day that a violation continues is a separate violation under this division.
I. Appeals. Any person affected by any decision or order made by the city engineer in interpreting or administering the provisions of this subdivision may file with the environmental technician a written notice of appeal within ten days after receipt of the decision or action of the city engineer. Notice of a scheduled hearing before the city council shall be mailed to the appealing dental facility, by the environmental technician. The decision by the city council on such appeal shall be the final administrative determination of the City of Austin.
(`80 Code, § 3.30) (Ord. 597, passed 9-17-12; Am. Ord. 657, passed --; Am. Ord. 681, passed 5-4-20) Penalty, see § 1.99