§ 53.45 CLEAR WATER DISCHARGES.
   (A)   It is unlawful to discharge or cause to be discharged into the sanitary sewer system, either directly or indirectly, any clear water discharge defined as storm water, natural precipitation, ground water or flow from roof runoff, surface runoff, subsurface drainage, down spouts, eave troughs, rainspouts, yard drains, sump pumps, foundation drains, yard fountains, ponds, swimming pools, cistern overflows or water discharged from any air conditioning unit or system.
   (B)   Clear water must be discharged to sewers specifically designated as storm sewers, or to a natural outlet approved by the City Engineer.
   (C)   (1)   It shall be unlawful for any person to make or maintain a connection between any conductor used to carry clear water discharge and the sanitary sewer system. Buildings and structures which require a sump pump system to discharge excess water from foundations shall have a permanently installed rigid discharge pipe which shall not at any time discharge water into the sanitary sewer system. The discharge pipe shall not have any connections for altering the path of discharge.
      (2)   The discharge pipe must either extend at least three feet outside the foundation wall and be directed toward the front or rear yard of the property or be directly connected to the storm sewer system. Discharge pipes that are directly connected to the storm sewer system must have a check valve. Industrial cooling water or unpolluted process waters may be discharged, on approval of the engineer, to a storm sewer or natural outlet, subject to approval and the issuance of a discharge permit by the Minnesota Pollution Control Agency.
   (D)   Every person owning improved real estate that discharges into the sanitary sewer system must within 30 days from the date of a written inspection request from the city:
      (1)   Allow a representative of the city to inspect both the inside and outside of buildings located on the property to confirm that there is no sump pump or other prohibited clear water discharge into the sanitary sewer system;
      (2)   Furnish the city with a certificate of compliance in a form found acceptable to the city from a licensed plumber which certifies that the buildings on the property have no prohibited clear water discharge into the sanitary sewer system; or
      (3)   Failure by a property owner to allow an inspection by a representative of the city or to provide the city with a certificate of compliance within 30 days from the date of the city’s inspection request shall cause the property to be immediately subject to the surcharge provided for in division (E) below until compliance with this subdivision is demonstrated.
   (E)   A surcharge in the amount specified in the city’s fee schedule shall be imposed in the case of a property that is not in compliance with the clear water discharge requirements of this subdivision. The surcharge shall be added to every subsequent sanitary sewer billing until the property is found to be in compliance as determined by the city. Should a property certified in compliance with this section be later found to have reconnected so that there is clear water discharge into the sanitary sewer system, the property owner shall be subject to the surcharge for all months between the last two inspections.
   (F)   The remedies provided in this subdivision are cumulative and do not limit the right of the city to pursue any other available legal remedy, including, but not limited to, criminal prosecution, seeking an injunction ordering disconnection or allowing the city to correct the violation or obtaining an administrative search warrant.
   (G)   The city reserves the right to inspect or require a certificate of compliance regarding all properties at least yearly to verify compliance with this section.
   (H)   The City Council may by resolution provide for waivers for hardships from the requirements of this section.
(Prior Code, § 710.11) (Ord. 2009-04, passed 10-7-2009) Penalty, see § 10.99