Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated.
A. The term "biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C in terms of milligrams per liter.
B. The term "building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
C. The term "building sewer" means the extension from the building drain to the public sewer or other place of disposal, also called "house connection". It shall include septic tank and sewer lead.
D. The term "combined sewer" means a sewer intended to receive both wastewater and storm or surface water.
E. The term "easement" means an acquired legal right for the specific use of land owned by others.
F. The term "floatable oil" means 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.
G. The term "garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
H. The term "Hearing Board" means that Board appointed according to provisions of this section.
I. The term "industrial wastes" means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from the development of any natural resource.
J. The term "infiltration" means water entering the sewage system (including building drains and pipes) from the ground through such means as defective pipes, pipe joints, connections and manhole walls.
K. The term "infiltration/inflow (I/I)" means the total quantity of water from both infiltration and inflow.
L. The term "inflow" means water other than wastewater that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, surface run-off, street wash waters or drainage.
M. The term "National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued by the U.S. Environmental Protection Agency (EPA), setting limits on pollutants that a permittee may legally discharge into navigable waters of the United States pursuant to the Federal Water Pollution Control Act, §§ 402 and 405.
N. The term "natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
O. The term "normal domestic strength wastes" means wastewater derived from non-industrial sources which contain not more than 200 mg/l biochemical oxygen demand and 250 mg/l suspended solids.
P. The term "pH" means the logarithm of the reciprocal of the hydrogen 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 ten to seven.
Q. The term "properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers.
R. The term "public sewer" means a common sewer controlled by a governmental agency or public utility.
S. The term "sanitary sewer" means 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 that are not admitted intentionally.
T. The term "septic tank" means a structure designed to settle out heavier solids from the wastewater before entering the sewer.
U. The term "sewage" means the spent water of a community. The preferred term is "wastewater".
V. The term "sewer" means a pipe or conduit that carries wastewater or drainage water.
W. The term "slug" means 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 of flows during normal operation and shall adversely affect the collection and/or performance of the wastewater treatment works.
X. The term "state disposal system (SDS) permit" means any permit including any terms, conditions and requirements thereof issued by the Minnesota Pollution Control Agency (MPCA) pursuant to M.S. § 115.07, as amended from time to time, for a disposal system as defined by M.S. § 115.01(5), as amended from time to time.
Y. The term "storm drain (sometimes termed storm sewer)" means a drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source.
Z. The term "Superintendent" means the Superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the city or his or her authorized deputy, agent or representative.
AA. The term "suspended solids" means the total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as nonfilterable residue.
BB. The term "unpolluted water" means 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. (See "non-contact cooling water".)
CC. The term "wastewater" means 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 ground water, surface water and storm water that may be present.
DD. The term "wastewater facilities" means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
EE. The term "wastewater treatment works" means 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".
FF. The term "watercourse" means 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 its jurisdiction, any human or animal excrement, garbage or objectionable waste.
B. It is unlawful for any person to discharge to any natural outlet within the city or in any area under the jurisdiction of the city, any sewage 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 for any person to construct or maintain any privy, privy vault, cesspool or other facility intended or used for the disposal of wastewater.
D. The owner 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 or combined sewer of the city, is hereby required at the owner's expense to install suitable toilet facilities. If such a sewer is available, the owner shall connect the facilities directly with the proper public sewer in accordance with the provisions of this section, within 60 days after date of official notice to do so; provided that, the public sewer is within 200 feet (61 meters) of the property line.
Subd. 3. Private Wastewater Disposal.
A. Where a public sanitary or combined sewer is not available under the provisions of this section, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this subdivision.
B. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for the permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee shall be paid to the city at the time the application is filed.
C. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Superintendent when work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Superintendent.
D. The type, capacities, location and layout of a private wastewater disposal system shall comply when all requirements meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document entitled Individual Subsurface Sewage Treatment Standards, Minn. Rules Chapter 7080. No permit shall be issued for any private wastewater disposal system not meeting these conditions. No septic tank or cesspool shall be permitted to discharge to any natural outlet or to the ground surface.
E. At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, as provided in this section, a direct connection shall be made to the public sewer within 60 days in compliance with this section.
F. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. All sludge or solids, to be disposed of from a septic tank, cesspool or other individual method of disposal, shall be disposed of by a licensed septic tank pumper in accordance with the Minnesota Pollution Control Agency.
G. No statement contained in this subdivision shall be construed to interfere with any additional requirements that may be imposed by the city.
Subd. 4. Sanitary Sewers, 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 Superintendent.
B. All costs and expenses incidental to the installation and connection of the building sewer as well as septic tank and sewer lead, shall be borne by the owner. The owner 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; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered one building sewer, but 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 tested by the Superintendent, to meet all requirements of this section.
E. The size, slopes, alignment, materials of construction of all sanitary sewers including building sewers, 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 Code or other applicable rules and regulations of the city. In the absence of code provisions set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice, No. 9 shall apply.
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 sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer.
G. It is unlawful for any person to make connection of roof downspouts, foundation drains, areaway drains or other sources of surface run-off or ground water to a building sewer, or building drain which in turn is connected directly to a public sanitary sewer.
H. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code, or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. 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 Superintendent before installation.
I. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and inspection shall be made under the supervision of the Superintendent or his or her representative.
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 city.
K. Any new connection(s) to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to, the capacity for flow, BOD5 and suspended solids as determined by the Superintendent.
Subd. 5. Use of Public Services.
A. It is unlawful for any person to discharge or cause to be discharged any unpolluted waters such as storm water, surface water, ground water, roof run-off, subsurface drainage or cooling water to any building drain or sewer which in turn is connected directly or indirectly to the sanitary sewer.
B. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent and the Minnesota Pollution Control Agency. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet on approval of the Superintendent 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. Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in or have an adverse effect on the waters receiving any discharges from the treatment works. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to § 307(a) of the Clean Water Act, being 33 U.S.C. § 1317(a);
3. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works; and
4. Solid or viscious substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders.
D. The following described substances, materials, waters or waste shall be limited in discharges to the 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 soil, vegetation and ground water or receiving stream or will not otherwise endanger lives, limb, public property or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if, in his or her opinion, such more severe limitations are necessary to meet the above objectives. In forming his or her opinion as to the acceptability of wastes, the 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, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, the city's NPDES and/or state disposal permit, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows:
1. Wastewater having a temperature higher than l50°F (65°C);
2. Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin;
3. Wastewater containing floatable oils, fats or grease, whether emulsified or not, in excess of 100 mg/l;
4. Any garbage that has not been "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 in kitchens for the purpose of consumption on the premises or when served by caterers;
5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Superintendent for such materials;
6. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Superintendent;
7. Any radioactive wastes or isotopes of the half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations;
8. Quantities of flow, concentrations or both which constitute a "slug", as defined herein;
9. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; and
10. 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.
E. 1. 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 Subd. 5.D. above, and which in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment and/or soil, vegetation ground water and receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
a. Reject the wastes;
b. Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to § 307(b) of the Clean Water Act and all addendums thereof;
c. Require control over the quantities and rates of discharge; and/or
d. Require payment to cover the added costs of handling and treating the wastes not covered by sewer charges under provisions of this section.
2. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plant's equipment shall be subject to the review and approval of the Superintendent and the Minnesota Pollution Control Agency.
F. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subd. 5.D. above, any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type and capacity approved by the Minnesota Plumbing Code and shall be located as 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 by appropriate means of the captivated material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collecting materials not performed by owner personnel must be performed by a currently licensed waste disposal firm.
G. In the maintaining of the septic tanks and settling basins, the city shall be responsible for the inspection of and the removal and disposal of the sludge layer. Inspection of septic tanks by the city will occur at least once every three years, with problem septic tanks to be inspected more often. The septic tank will be pumped when sludge layer is within eight inches to 12 inches of the outlet baffle structure or the scum is within three inches to six inches of the outlet baffle.
H. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes 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 structures when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. 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. The Superintendent may require a user of sewer services to provide information needed to determine compliance with this section. These requirements may include:
1. Wastewaters discharge peak rate and volume over a specified time period;
2. Chemical analyses of wastewaters;
3. Information on raw materials, processes and products affecting wastewater volume and quality;
4. Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control;
5. A plot plan of sewers of the user's property showing sewer and pretreatment facility location;
6. Details of wastewater pretreatment facilities; and
7. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
J. 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, duration and frequencies are to be determined on an individual basis subject to approval by the Superintendent.
K. No statement contained in this subdivision 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, subject to payment therefor by the industrial concern, providing that federal categorical standards and the NPDES and/or state disposal system permit limitations are not violated.
L. No user shall increase the use of process water, 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.
Subd. 6. Damage to Facilities. 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 part of the wastewater facilities. Any person violating this provision shall be subject to immediate arrest under the charge of a disorderly conduct.
Subd. 7. Powers and Authority of Inspectors.
A. The Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the city's system in accordance with the provisions of this section.
B. The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the type and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
C. While performing necessary work on private properties referred to in this subdivision, the Superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and 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 and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except such as may be caused by negligence or failure of the company to maintain safe conditions as required in this section.
D. The Superintendent and other 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.
Subd. 8. Dispute Resolution.
A. Upon request by the user, the Council, acting as a hearing board, shall hold a public hearing to attempt to resolve any disputes between the user and the Superintendent concerning interpretation and execution of the provisions of this section.
B. Upon receipt of a written notice from the user indicating the user's objection to the resolution of the dispute by the Council, an Arbitration Board consisting of three members, shall be selected for arbitration of differences between the Superintendent and sewer users on matters concerning interpretation and execution of the provisions of this section by the Superintendent. One member of the Board shall be selected to represent the city, one member shall be selected to represent the sewer user involved in the arbitration and the third member shall be acceptable to both parties and shall serve as the Chairperson in the arbitration.
Subd. 9. Penalties.
A. Any person found to be violating any provision of this section, except for those subject to immediate arrest, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
B. It is unlawful for any person to continue any violation beyond the time limit provided for in Subd. 9.A. above, and on conviction thereof, shall be fined in the amount not exceeding $1,000 for each violation. Each day in which any such violation occurs shall be deemed as a separate offense.
C. Any person violating any of the provisions of this section shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.
(Ord. 136, Second Series, passed 7-13-1988)