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(A) Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.
(B) Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to North St. Paul within three business days of the phone or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
(C) In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.
(D) Failure to provide notification of a release as provided above is a violation of this chapter.
(Ord. 657, passed 12-20-2005)
(A) This section shall provide standards, establish uniform practices and implement cooperative administration between the cities of Maplewood and North St. Paul in all matters pertaining to sewers and other utilities lying upon streets located along their continuous common borderlines.
(B) Sanitary sewers shall be installed on the centerline of borderline streets, and the service therefrom shall be available to properties in both municipalities. Water and gas lines shall likewise be installed in such a manner as to provide service to properties in both municipalities.
(C) All plans adopted for any improvement within the dedicated right-of-way of any borderline street common to both municipalities shall be subject to approval of the engineering department of both municipalities.
(D) Whenever any improvement can be jointly undertaken by both municipalities, such procedure will be followed so that all benefitted property can be assessed. If the improvement must be done by one city instead of both, the benefit to property in the adjoining city which cannot be assessed by the city which has undertaken the improvement will be subject to connection fees in an amount equal to what the original assessment would have been had the property been subject to assessment, provided that as to street construction no such charge as a connection charge shall apply. Whenever property in one municipality is subject to a connection charge by the other municipality, as hereinbefore provided, the municipality in which such property is located shall not issue a building permit or other privilege to the owner of said property without first notifying the other municipality. Failure to give such notice shall render the municipality in which the property is located subject to and liable for payment of such connection charge to the other municipality if the property owner fails to pay same.
(E) All users of utilities shall pay service charges for the use thereof to the municipality which maintains
the utility lines; provided that existing users of a sanitary sewer in North St. Paul, whose property is located in North St. Paul, shall pay no greater charge for sewer service than what the City of North St. Paul charges its resident sanitary sewer users. It is intended that SERVICE CHARGE, as used in the preceding sentence, means the total of the annual maintenance charge payable to the Metropolitan Council, the annual service charge payable to the Metropolitan Council and the local annual maintenance charge imposed by North St. Paul.
(F) Storm sewer facilities for area drainage affecting or involving borderline streets shall be subject to approval by both municipalities. The cost of such storm sewers shall be shared by both municipalities. The basis upon which the costs of such storm sewers shall be distributed and shared between these municipalities shall be proportional to the amount of square footage of the respective drainage areas lying within the separate municipalities.
(`89 Code, § 160.160)
(A) There is approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services within or served by the city, based upon strength of industrial waste discharged into the sanitary and storm sewer system of the city.
(B) The provisions of the current resolution adopted by the Metropolitan Council governing board, which provides for the establishment of a formula to determine pollution qualities and quantities of the sewage used by the industrial user in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by said Council, are incorporated in and made a part of this chapter as completely as if set out here in full.
(C) The strength charge established by division (A) of this section shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth day next succeeding the date of billing thereof to such user by or on behalf of the city, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, if such payment is not paid before such date, an industrial user shall pay interest per month on the unpaid balance due at the highest rate allowed by law.
(D) If payment of the strength charge established by division (A) of this section is not paid before the sixtieth day next succeeding the date of billing thereof to the industrial user by or on behalf of the city, the delinquent sewer strength charge, plus accrued interest established pursuant to division (C) of this section, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the city shall certify such unpaid delinquent balance to the County Auditor, with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the city from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy.
(`89 Code, § 160.150) (Am. Ord. 657, passed 12-20-2005)
INDIVIDUAL SANITARY AND STORM SEWER SYSTEM
The main objective of the city is to eliminate all individual sewer systems as soon as possible. The objectives of this chapter are to provide adequate and safe methods of sewage disposal and to prevent the contamination of any existing or future sewage disposal system.
(`89 Code, § 162.010)
The provisions of Minn. Rules Chapter 7080, Individual Sewage Treatment Systems Program, as they may be amended from time to time, are adopted by reference. The City Manager shall mark one copy of these Rules as the official copy and file it in his or her office for use and examination.
(`89 Code, § 162.030)
(A) No person shall install, alter, repair or extend any individual sewage disposal system in the city if connection to the city sewer service is available. If connection to the city sanitary and storm sewer system is unavailable, no person shall install, repair or extend any individual sewage disposal system in the city without first obtaining a permit therefor from the engineer for the specific installation, alteration, repair or extension. At the time of applying for said permit, a fee to be established by Council resolution shall be paid. The permits shall be valid for a period of six months from date of issue. Application for a permit shall be made in writing upon printed blanks or forms furnished by the City Manager and shall be signed by the applicant.
(B) Each application for a permit shall have thereon the correct legal description of the property on which the proposed installation, alteration, repair or extension is to take place, and each application for a permit shall be accompanied by a plot plan of the land showing the location of any proposed or existing building located on the property with respect to the boundary lines of the property and complete plans of the proposed system with substantiating data, if necessary, attesting to the compliance with the minimum standards of this chapter. A complete plan shall include the location, size and design of all parts of the system to be installed, altered, repaired or extended. The application shall also show the present or proposed location of water supply facilities and water supply piping and the name of the person who is to install the system and shall provide such further information as may be required by the Council.
(C) If improvements to an individual sewage disposal system, to the lot on which the system lies, to the structures which contribute waste to the system or any other activity requiring a permit, variance or other review by the city are required or proposed, arrangements must be made to connect with the city sanitary and storm sewer system, if available, in accordance with this chapter.
(`89 Code, §162.040) (Am. Ord. 657, passed 12-20-2005) Penalty, see § 10.99
(A) At least once a year the owner of any septic tank shall measure or arrange for measurement of the depth of sludge and scum in such septic tank and be able to provide written documentation that the inspection was made. When, as a result of such measurement, the top of the sludge layer in the tank or any compartment of the tank is found to be less than 12 inches below the bottom of the outlet baffle or submerged pipe, or if the bottom of the scum layer is less than three inches above the bottom of the septic tank outlet baffle or submerged pipe, the owner shall arrange for the removal and sanitary disposal of sludge and scum from the tank, provided that such requirement for measuring shall be waived for any septic tank which is cleaned as indicated at least once each calendar year.
(B) At least once each year the owner of the septic system equipped with a distribution box shall arrange for the opening of the distribution box and removal of any settled solids therein. Such material shall be disposed of to the septic tank or by other means acceptable to the Council.
(C) At least once between May 1 and June 30 of each year, the depth of liquid in each seepage pit shall be measured. When, as a result of such measurement it is found that the liquid level in the pit is less than one foot below the inlet, a second measurement shall be made eight to 12 hours after the first measurement, during which time no liquid shall be discharged to the seepage pit. If, as a result of the second measurement, it is found that the liquid level in the pit has not lowered at least two feet during the indicated period of time, either arrangements must be made to connect with the city sanitary and storm sewer system in accordance with this chapter or an additional seepage pit or other acceptable soil absorption system shall be provided if connection with the city sanitary and storm sewer system is unavailable.
(`89 Code, § 162.050) (Am. Ord. 657, passed 12-20-2005)
(A) Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analysis, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the written notice shall set forth a deadline within which such remediation or restoration must be completed. Said written notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(B) Appeal of notice of violation. Any person receiving a written notice of violation may appeal the determination of the authorized enforcement agency. A written notice of appeal must be received within 15 days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within 30 days from the date of receipt of the written notice of appeal. The decision of the municipal authority or their designee shall be final.
(C) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the written notice of violation, or, in the event of a written appeal, within 15 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(D) Cost of abatement of the violation. Within 30 days after abatement of the violation, the owner of the property will receive written notification of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
Any person violating any of the provisions of this article shall become liable to the city by reason of such violation.
(E) Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(F) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
(G) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(H) Criminal prosecution. Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $1,000 per violation per day and/or imprisonment for a period of time not to exceed 90 days.
(I) Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. The authorized enforcement agency may recover all attorney's fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(Ord. 735, passed 4-21-2015)