§ 54.23 USE OF PUBLIC SERVICES.
   (A)    It is unlawful for any person to discharge or cause to be discharged any unpolluted water such as storm water, ground water, sump pump water, roof runoff, surface drainage, or non-contact cooling water to any sanitary sewer.
      (1)   Any person found to be discharging or causing the discharge of any unpolluted water to any city sanitary sewer shall have 90 days to eliminate the discharge of the unpolluted water to the sanitary sewer. Upon correction of the violation the customer shall arrange for an inspection by city staff or agent working on behalf of the city to verify compliance.
      (2)   The city shall cause all sanitary sewer service lines to be televised during all street reconstruction projects at city expense before reconnection to the city's sanitary sewer service line. Should the line be found to be leaking unpolluted water into the city's sanitary sewer service line the owner shall cause the problem to be fixed within one year of the date of the notice. Upon correction of the violation the violator shall arrange for an inspection by city staff or agent working on behalf of the city to verify compliance.
      (3)   If a shared service line, serving two or more structures, is discovered during a city street, water or sewer reconstruction project, the property owner(s) shall separate the service lines and install direct service lines from each structure to the city service line. The property owner may choose to have the city arrange for this work to be done as required or individual service line replaced as described in division (2) and sign an agreement that the costs will be assessed to their property taxes.
      (4)   A person who is not in compliance with divisions (1) or (2) within the said time periods, shall be subject to a $50 per month surcharge on their monthly utility bill until compliance is verified. Money collected from the surcharge shall be deposited in the city's sanitary sewer fund.
   (B)   Storm water and all other unpolluted drainage shall be discharged to sewers specifically designed as storm sewers or to a natural outlet approved by the city and other regulatory agencies. Industrial cooling water of unpolluted process waters may be discharged to a storm sewer or natural outlet on approval of the city and upon approval and the issuance of a discharge permit by the MPCA.
   (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 liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides;
      (2)   Solid or viscous substances which will cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes;
      (3)   Any wastewater having a pH of less than 5.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater disposal system;
      (4)   Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the wastewater disposal system. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.
   (D)   The following described substances, materials, water, or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either sewers, the wastewater treatment works treatment process or equipment, will not have an adverse effect on the receiving stream and/or soil, vegetation and ground water, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Wastewater Superintendent may set limitations lower than limitations established in the regulations below if, in his or her opinion, more severe limitations are necessary to meet the above objectives. In forming his or her opinion as to the acceptability of wastes, the Wastewater Superintendent will give consideration to such factors as the quantity of subject waste in reaction to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, the city’s NPDES and/or SDS permit, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the Wastewater Superintendent are as follows:
      (1)   Any wastewater having a temperature greater than 150 degrees Fahrenheit (65.6 degrees Centigrade) or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104 degrees Fahrenheit (40 degrees Centigrade) or having heat in amounts which will inhibit biological activity in the wastewater treatment works resulting in interference therein;
      (2)   Any wastewater containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65.6 degrees Centigrade) and any wastewater containing oil and grease concentrations of mineral origin of greater than 100 mg/l, whether emulsified or not;
      (3)   Any quantities of flow, concentrations, or both which constitute a “slug” as defined herein;
      (4)   Any garbage not properly shredded, as defined herein. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food on the premises or when served by caterers;
      (5)   Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair;
      (6)   Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to dye wastes and vegetable tanning solutions;
      (7)   Non-contact cooling water or unpolluted storm, drainage, or ground water;
      (8)   Wastewater containing inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in such quantities that would cause disruption with the wastewater disposal system;
      (9)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Wastewater Superintendent in compliance with applicable state or federal regulations;
      (10)   Any waters or wastes containing the following substances to such degree that any such material received in the composite wastewater at the wastewater treatment works in excess of the following limits for such materials:
         (a)   0.5   mg/l:   arsenic;
         (b)   0.5   mg/l:   cadmium;
         (c)   1.5   mg/l:   copper;
         (d)   0.5   mg/l:   cyanide;
         (e)   1.5   mg/l:   lead;
         (f)   0.05 mg/l:   mercury;
         (g)   1.5 mg/l:   nickel;
         (h)   0.5 mg/l:   silver;
         (i)   0.5 mg/l:   total chromium;
         (j)   1.5   mg/l:   zinc;
         (k)   phenolic compounds which cannot be removed by city’s wastewater treatment system;
      (11)   Any wastewater which creates conditions at or near the wastewater disposal system which violates any statute, rule, regulations, or ordinance of any regulatory agency or state or federal regulatory body;
      (12)   Any waters or wastes containing BOD5 or suspended solids of such character and quantity that unusual attention or expense is required to handle the materials at the wastewater treatment works, except as may be permitted by specific written agreement subject to the provisions of division (P) of this section.
   (E)   (1)   If any waters or wastes are discharged or are proposed to be discharged to the public sewers which contain substances or possess the characteristics enumerated in division (D) of this section and which in the judgment of the Wastewater Superintendent may have a deleterious effect upon the wastewater treatment facilities, processes, or equipment; receiving waters, and soil, vegetation, and ground water; or which otherwise create a hazard to life or constitute a public nuisance, the city may:
         (a)   Reject the wastes;
         (b)   Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to Section 307(b) of the Act and all addendums thereof;
         (c)   Require control over the quantities and rates of discharge; or
         (d)   Require payment to cover the added costs of handling, treating, and disposing of wastes not covered by existing taxes or sewer service charges.
      (2)   If the city permits the pretreatment or equalization of waste flows, the design, installation, and maintenance of the facilities and equipment shall be made at the owner’s expense and shall be subject to the review and approval of the city pursuant to the requirements of the MPCA.
   (F)   No user shall increase the use of process water or, in any manner, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this section or contained in the National Categorical Pretreatment Standards or any state requirements.
   (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 at the expense of the owner.
   (H)   Grease, oil, and sand interceptors shall be provided when, in the opinion of the Wastewater Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified herein, any flammable wastes as specified herein, 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 the type to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal of the captured materials by appropriate means and shall maintain a record of dates and means of disposal which are subject to review by the Wastewater Superintendent. Any removal and hauling of the collecting materials not performed by the owner’s personnel must be performed by a currently licensed waste disposal firm.
   (I)   Where required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure or control manhole with the necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of wastes. The structure shall be accessible and safely located and shall be constructed in accordance with plans approved by the city. The structure shall be installed by the owner at his or her expense and shall be maintained by the owner to be safe and accessible at all times. (Ord. 8, 4th Series, eff. 1-1-1988)
   (J)   The owner of any property serviced by a building sewer carrying industrial wastes may, at the discretion of the city, be required to provide laboratory measurements, tests, or analyses of waters or wastes to illustrate compliance with this chapter and any special condition for discharge established by the city or regulatory agencies having jurisdiction over the discharge. The number, type, and frequency of sampling and laboratory analyses to be performed by the owner shall be as stipulated by the city. The industry must supply a complete analysis of the constituents to assure that compliance with federal, state and local standards being met. The owner shall report the results of measurements and laboratory analyses to the city at such times and in such manner as prescribed by the city. The owner shall bear the expense of all measurements, analyses and reporting required by the city. At such times as deemed necessary, the city reserves the right to take measurements and samples for analysis by an independent laboratory. (Ord. 19, 5th Series, eff. 7-30-1992)
   (K)   All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. Sampling methods, location, times, duration and frequencies are to be determined on an individual basis subject to approval by the Wastewater Superintendent.
   (L)   Where required by the city, the owner of any property serviced by a sanitary sewer shall provide protection from an accidental discharge of prohibited materials or other substances regulated by this chapter. Where necessary, facilities to prevent accidental discharges of prohibited materials shall be provided and maintained at the owner’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Wastewater Superintendent for review and approval prior to construction of the facility. Review and approval of the plans and operating procedures shall not relieve any user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. Users shall notify the Wastewater Superintendent immediately upon having a slug or accidental discharge of substances of wastewater in violation of this chapter to enable countermeasures to be taken by the Wastewater Superintendent to minimize damage to the wastewater treatment works. The notification will not relieve any user of any liability for any expense, loss or damage to the wastewater treatment system or treatment process, or for any fines imposed on the city on account thereof under any state and federal law. Employers shall insure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure.
   (M)   It is unlawful for any person, having charge of any building or other premises which drains into the public sewer, to permit any substance or matter which may form a deposit or obstruction to flow or pass into the public sewer. Within 30 days after receipt of written notice from the city, the owner shall install a suitable and sufficient catch basin or waste trap, or if one already exists, shall clean out, repair or alter the same and perform such other work as the Wastewater Superintendent may deem necessary. Upon the owner’s refusal or neglect to install a catch basin or waste trap or to clean out, repair, or alter the same after the period of 30 days, the Wastewater Superintendent may cause such work to be completed at the expense of the owner.
   (N)   Whenever any service connection becomes clogged, obstructed, broken or out of order, or detrimental to the use of the public sewer, or unfit for the purpose of drainage, the owner shall repair or cause such work to be done as the Wastewater Superintendent may direct. Each day after 30 days that a person neglects or fails to so act shall constitute a separate violation of this chapter, and the Wastewater Superintendent may then cause the work to be done, and recover from the owner or agency the expense thereof by an action in the name of the city.
   (O)   The owner or operator of any motor vehicle washing or servicing facility shall provide and maintain in serviceable condition at all times a catch basin or waste trap in the building drain system to prevent grease, oil, dirt or any mineral deposit from entering the public sewer system.
   (P)   In addition to any penalties that may be imposed for violation of any provision of this chapter, the city may assess against any person the cost of repairing or restoring sewers or associated facilities damaged as a result of the discharge of prohibited wastes by such applicable to the type of service.
   (Q)   No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, providing that National Categorical Pretreatment Standards and the city’s NPDES and/or state disposal system permit limitations are not violated, and the user pays operation, maintenance, and replacement costs in proportion to the user’s proportionate contribution of wastewater flows and loadings to the treatment plant, and no user is charged at a rate less than that of “Normal Domestic Strength Wastewater.”
(1998 Code, § 3.25, Subd. 6) (Am. Ord. 110, passed 7-21-2020) Penalty, see § 10.99