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(A) The Superintendent shall have control and general supervision of all public sewers and service connections in the city and shall be responsible for administering the provisions of this chapter to the end that a proper and efficient public sewer is maintained.
(B) The Superintendent or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observations, measurement, sampling, and testing pertinent to the discharges to the city's sewer system in accordance with the provisions of this chapter. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, the city, MPCA and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(C) 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. An industry may withhold information considered confidential; however, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(D) While performing necessary work on private properties, 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 as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 52.58.
(E) The Superintendent or 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 treatment works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Prior Code, § 403.02)
SEWER SERVICE CHARGE SYSTEM
(A) The city establishes a Sewer Service Charge System (SSCS) whereby all revenue collected from users of the wastewater treatment facilities will be used to affect all expenditures incurred for annual operation, maintenance, administration, and replacement and for debt service on capital expenditures incurred in constructing the wastewater treatment works.
(B) Each user shall pay its proportionate share of operation, maintenance and replacement costs of the treatment works, based on the user's proportionate contribution to the total wastewater loading from all users.
(C) Each user shall pay debt service charges to retire local capital costs as determined by the City Council.
(D) Sewer service rates and charges to users of the wastewater treatment works shall be determined and fixed in a 'Sewer Service Charge System' developed according to the provisions of this chapter. The Sewer Service Charge System shall be adopted by resolution upon enactment of this chapter, shall be published in the local newspaper, and shall be effective upon publication. Subsequent changes in sewer service rates and charges shall be adopted by Council resolution and shall be published in the local newspaper.
(E) Revenues collected for sewer service shall be deposited in a separate fund known as "The Sewer Service Fund." Income from revenues collected will be expended to offset the cost of operation, maintenance and equipment replacement for the facility and to retire the debt for capital expenditures.
(F) Sewer service charges and the Sewer Service Fund will be administered in accordance with the provisions of § 52.21.
(Prior Code, § 403.03)
(A) (1) Users of the city wastewater treatment works shall be identified as belonging to one of the following user classes:
(a) Residential:
1. Normal residential;
2. Mobil home residential;
(b) Commercial;
(c) Industrial;
(d) Institutional;
(e) Governmental.
(2) The allocation of users to these categories for the purpose of assessing user charges and debt service charges shall be the responsibility of the City Clerk. Allocation of users to user classes shall be based on the substantive intent of the definitions of these classes contained herein.
(B) The user shall pay operation, maintenance, and replacement costs in proportion to the user's proportionate contribution of wastewater flows and loadings to the treatment plant, with the minimum rate for loadings of BOD, TSS, and TKN being the rate established for concentrations of 228 mg/l BOD and 204 mg/l TSS (for example, normal domestic strength wastewater).
(C) (1) Unit costs for fixed service and treatment of flow, BOD, TSS, and TKN shall be determined and fixed annually in the Sewer Service Charge System according to the following procedures:
(a) Determine the annual OM&R budget;
(b) Allocate total annual OM&R costs to fixed service, flow, BOD, and TSS, proportionately; according to the costs of administration and collection and of the specific treatment processes required to affect or reduce flow, BOD, and TSS;
(c) Divide the OM&R costs attributable to fixed service, flow, BOD, and TSS, respectively, by the total annual billable connections, volume and loadings of flow, BOD, and TSS to arrive at unit costs;
(d) Determine the wastewater volume charge in accordance with the methodology developed in the Sewer Service Charge System report.
(2) For purposes of determining user charges, the following definitions of unit costs shall apply:
UFS = Unit cost for fixed service in $/billing period
VUC = Wastewater volume charge in $/1,000 gals.
UF = Unit cost for treatment of flow in $/1,000 gals.
UBOD = Unit cost for treatment of BOD in $/lb.
UTSS = Unit cost for treatment of TSS in $/lb.
(3) Estimated unit costs for startup are provided in the Sewer Service Charge System. Subsequent calculations of unit costs shall be according to the substantive intent of this SSCS.
(D) User charges for users contributing normal domestic strength wastewater:
(1) Calculating billable flows and loadings.
(a) The billable amount of flow will be calculated from the volume of metered water usage. For residential users and non-residential users discharging NDSW, billable flow shall be equal to monthly water usage measured throughout the year.
(b) For users discharging NDSW but not connected to the city water system, the billable amount of flow will be calculated from the volume of metered water usage or, at the discretion of the city, from the measurement of effluent flow at the user's point of discharge. Measurements shall be according to a regular program prescribed by the city.
(c) Determination of loadings from metered water usages: the billable amounts of BOD and TSS will be calculated from the volume of metered water usage, as determined above, where the billable quantities will be those attributable to a wastewater concentration of 228 mg/l BOD and 204 mg/l TSS (for example, normal domestic strength wastewater).
(2) Calculating user charges.
UC(NDS) = UFS + (VUC x F)
Where: UC(NDS) = User charge for treatment of normal domestic strength wastewater
UFS = Unit cost for fixed service in $/billing period
VUC = Volume charge for treatment of 1,000 gals. of normal domestic strength wastewater in $/1,000 gals
F = Billable flow in 1,000 gals.
(E) User charges for users contributing wastes greater than normal domestic strength.
(1) Calculating billable flows and loadings.
(a) The billable amount of flow will be calculated from the volume of metered water usage, or at the discretion of the city, from the measurement of effluent flow at user's point of discharge. Measurements shall be according to a regular program prescribed by the city.
(b) The billable amounts of BOD and TSS will be calculated by the measurement of these wastes according to a program prescribed by the city in keeping with the latest edition of Standard Methods for the Examination of Water and Wastewater and in accordance with other provisions of this chapter.
(2) Calculating user charges.
UC(GNDS) = UFS + (VUC x F) + (UBOD x QBOD) + (UTSS x QTSS)
Where: UC(GNDS) = User charge for treatment of wastewater that is greater than normal domestic strength
UFS = Unit cost for fixed service in $/billing period
VUC = Unit cost for treatment of flow in $/1,000 gals.
F = Billable flow in 1,000 gals.
UBOD = Unit cost for treatment of BOD in $/lb.
QBOD = Quantity of BOD in excess of 228 mg/l in lbs.
UTSS = Unit cost for treatment of TSS in $/lb.
QTSS = Quantity of TSS in excess of 204 mg/l in lbs.
QBOD is calculated as follows:
QBOD = F x 0.00834 x (CBOD -228)
Where: CBOD = Concentration of BOD in mg/l.
QTSS is calculated as follows:
QTSS = F x 0.00834 x (CTSS - 204)
Where: CTSS = Concentration of TSS in mg/l.
(F) Requirements of city. The city may, at its discretion, require nonresidential users to install wastewater flow meters or such additional water meters as may be necessary to determine wastewater volume. The city may require residential connections to install water meters for the purpose of determining wastewater volume. When so required, such meters shall be of a type approved by the city equipped with remote registering recorders and located at an accessible site on the owner's property.
(G) Sewer service charge for recovery of local construction costs. Local construction costs for the wastewater treatment works will be recovered from users in proportion to their contributions of wastewater flow and loadings or the plant capacity allocated to each user, whichever is greater, into the treatment works as follows. Unit costs for debt service of capital expenditures attributable to fixed service, flow, BOD, and TSS shall be calculated according to the Sewer Service Charge System. For purposes of determining debt service charges, the following definitions shall apply:
DFS = Unit cost for debt service of capital expenditures attributable to fixed service in $/billing period
VDC = Wastewater volume charge for debt service in $/1,000 gals.
DF = Unit cost for debt service of capital expenditures attributable to flow in $/1,000 gals.
DBOD = Unit cost for debt service of capital expenditures attributable to BOD in $/lb.
DTSS = Unit cost for debt service of capital expenditures attributable to TSS in $/lb.
(1) Calculating billable flows and loadings. The calculation of flows and loadings for the debt service charge shall be the same as described in this chapter.
(2) Calculating debt service charges.
(a) For normal domestic strength users:
DC(NDS) = DFS + (VDC x F)
(b) For users contributing wastes greater than normal domestic strength:
DC(GNDS) = DFS + (VDC x F) + (DBOD x QBOD) + (DTSS x QTSS)
Where: DC(GNDS) = Debt service charge to normal domestic strength users
DC(GNDS) = Debt service charge to users contributing wastewater that is greater than normal domestic strength
DFS = Unit cost for fixed service in $/billing period attributable to flow in $1,000 gals.
VDC = Volume charge for treatment of 1,000 gals. of normal domestic strength wastewater, in $1/1,000 gals.
F = Billable flow in 1,000 gals.
DBOD = Unit cost for debt service of capital expenditures attributable to BOD in $/lb.
QBOD = Quantity of BOD in excess of 228 mg/l, in lbs.
DTSS = Unit cost for debt service of capital expenditures attributable to TSS, in $/lb.
QTSS = Quantity of TSS in excess of 204 mg/l, in lbs.
QBOD is calculated as follows:
QBOD = F x 0.00834 x (CBOD - 228)
Where: CBOD = Concentration of BOD in mg/l
QTSS is calculated as follows:
QTSS = F x 0.00834 x (CTSS - 204)
Where: QTSS = Concentration of TSS in mg/l.
(H) Total sewer service chart. The total sewer service charge per billing period shall be calculated as follows:
SSC = UC + DC
Where: SSC = Sewer Service Charge
UC = User Charge
DC = Debt Service Charge
(I) Charges and fees. The Council shall adopt by resolution charges and fees which may include:
(1) Fees for monitoring, inspection, and surveillance procedures;
(2) Fees for permit applications;
(3) Appeal fees; and
(4) Other fees as may be deemed necessary to carry out the requirements contained herein.
(Prior Code, § 403.03) (Am. Ord. 2010-4-1, passed 4-13-2010)
WASTEWATER DISCHARGE PERMITS
All industries proposing to connect or to commence a new discharge to the wastewater treatment system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater treatment system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to national categorical pretreatment standards under § 307(b) and (c) of the Act connected to or discharging into the wastewater treatment system shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.
(Prior Code, § 403.03)
(A) Users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the city. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting or discharging to the wastewater treatment system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location (if different from the address);
(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(4) Time and duration of discharge;
(5) Average daily and peak hour wastewater flow rates, including daily, monthly and seasonal variations, if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
(7) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged, including sludges, floats, skimmings, and the like;
(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or national categorical pretreatment standards;
(9) Each product by type, amount and rate of production;
(10) Type and amount of raw materials processed (average and maximum per day);
(11) Number of full and part-time employees and hours of work; and
(12) Any other information as may be deemed by the Superintendent to be necessary to evaluate the permit application.
(B) The Superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.
(Prior Code, § 403.03)
(A) Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city.
(B) Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the wastewater treatment system;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum flow rate and time of discharge or requirements for flow regulation and equalization;
(4) Requirements for installation and access to inspection and sampling facilities;
(5) Requirements for installation, operation and maintenance of pretreatment facilities;
(6) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;
(7) Compliance schedules;
(8) Requirements for submission of technical reports or discharge reports;
(9) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, but in no case less than 3 years, and affording city access thereto;
(10) Requirements for notification to and acceptance by the city of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(11) Requirements for notification of slug or accidental discharges as provided in § 52.58 and reporting of permit violations;
(12) Requirements for disposal of sludge, floats, skimmings, and the like; and
(13) Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
(Prior Code, § 403.03)
Permits shall be issued for a specified time period, not to exceed 5 years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in § 52.58 are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(Prior Code, § 403.03)
Within 9 months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Superintendent within 180 days after the promulgation of an applicable national categorical pretreatment standard the information required by this section. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.
(Prior Code, § 403.03)
Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit if the city approves the transfer of the existing permit.
(Prior Code, § 403.03)
REGULATIONS
(A) It shall be 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 of the city, any human or animal excrement, garbage or objectionable waste.
(B) It shall be unlawful to discharge to any natural outlet any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this chapter and the city's NPDES/SDS permit.
(C) Except as provided hereinafter, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
(D) Except as otherwise provided in this subsection, the owner of any house, building, or property used for human occupancy, employment, recreation or other purposes from which wastewater is discharged and which is situated within the city and adjacent to 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, shall be required at the owner’s expense to install a suitable service connection to the public sewer in accordance with provisions of this code, within 90 days after the date of mailing or delivery of official notice to do so, provided the public sewer is within 150 feet of the property line of the property on which the structure generating the wastewater is located. Any house, building or property defined in this subsection which is served by a private septic system shall not be required to connect to public sewer unless the conditions set forth in § 52.56(F) occur. The owner of any lot or parcel of land 5 acres or larger in size, which is eligible for subdivision under the regulations in the underlying zoning district, is not subject to the mandatory connection to the public sanitary sewer of the city as required in this subdivision until such time that application for subdivision is made by the owner. All future buildings constructed on property adjacent to the public sewer pursuant to this section shall be required to immediately connect to the public sewer. If sewer connections are not made pursuant to this section, an official 30-day notice shall be served instructing the affected property owner to make the connection.
(E) In the event an owner shall fail to connect to a public sewer in compliance with a notice given under this section, the city must undertake to have said connection made and shall assess the cost thereof against the benefitted property. Such assessment, when levied, shall bear interest at the rate determined by the City Council and shall be certified to the County Auditor 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 chapter.
(Prior Code, § 403.02) (Am. Ord. 2008-2-2, passed 2-26-2008; Am. Ord. 2010-12-4, passed 12-14-2010; Am. Ord. 2011-9-4, passed 9-13-2011)
(A) State and Chisago County regulations for individual sewage treatment systems adopted. Except as set forth below in this section, Minn. Rules Chapters 7080, 7081, 7082 and 7083 (the “State Rules”), and the Chisago County Subsurface Sewage Treatment System Ordinance, No. 10-1, effective June 10, 2010, as amended, (the “county ordinance”), 1 copy of which is on file in the office of the City Clerk, are hereby adopted and confirmed as the public and individual disposal systems regulations of the city and is hereby incorporated in this chapter as if set out in full.
(B) General provision.
(1) Where a public sewer is not available under the provisions of § 52.55, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this chapter.
(2) Common or shared septic systems are not allowed.
(3) Except for the permitting for land application of septage pursuant to §§ 14.03 and 14.04 of the county ordinance, which shall be administered by Chisago County, the city hereby undertakes to provide for administration and enforcement of the standards under this section within the municipal boundaries of the city.
(4) For purposes of administration and enforcement, the terms “Chisago County”, “County”, and “Department” in the County Ordinance shall mean the “City” under this section; “Chisago County Board” or “County Board”
(C) More restrictive provisions. In the event of a discrepancy between the provisions of this chapter and the provisions of the state rules or the county ordinance, the more restrictive provisions shall control.
(D) Midsized Subsurface Sewage Treatment Systems (MSTS) and any system requiring an SDS permit from the state, as defined and allowed under the state rules and the county ordinance, are hereby prohibited in the city.
(E) Amendments to county ordinance. The following provisions of the county ordinance are amended as follows.
(1) Section 2, Purpose, is hereby amended to delete reference to midsize MSTS systems.
(2) Section 3, Authority, is hereby amended to delete reference to Minn. Rules Chapter 7081.
(3) Section 4, Definitions and Acronyms, is hereby amended as follows.
(a) The definition of “As-Built Drawing” is hereby amended to read in its entirety as follows:
AS-BUILT DRAWING. A set of drawings, completed on a form provided by the County, which documents the final in-place location identified with a minimum of two (2) measurements from permanent structures, size, and type of all SSTS components including the type and result of any testing performed during construction of the system.
(b) The definition of MANAGEMENT PLAN is hereby amended to delete reference to MSTS.
(c) The definition of OTHER ESTABLISHMENT is hereby deleted.
(d) The definition of (SSTS) SUBSURFACE SEWAGE TREATMENT SYSTEM is hereby amended to delete reference to “or a midsized subsurface sewage treatment system as defined in 7081.0020, subpart 4".
(e) The definition of HOLDING TANK is hereby added as defined in Minn. Rules Chapter 7080.2290;
(4) Section 6.06, A, is hereby amended to read as follows: “Property owners who wish to construct an SSTS to treat wastewater generated by their own dwelling or seasonal residence are not exempt from the licensing requirement.”
(5) Section 6.08 is hereby vacated and amended to read as follows:
A. Mandatory maintenance required. The city hereby establishes a plan for review of each on-site sewage system within the city over a period of 3 years beginning in 2009.
1. The Plan. Pursuant to the established plan, the city shall mail a maintenance report form by April 1 of each year to properties containing on-site sewage disposal systems due to have maintenance checks. All systems shall have maintenance checks triennially. Those on-site sewage disposal systems found to have permitted, through misuse or abuse, sludge and/or scum to exit past the last septic tanks outlet baffle shall have biennial maintenance checks until such time that it has been demonstrated that such misuse or abuse has been abated.
a. Each property owner receiving a maintenance report form shall at his or her sole expense, provide for the pumping and maintenance of the system. The completed maintenance report form and an administrative fee as established by ordinance shall be returned to the city by October 1 of the same year.
b. The above-described system maintenance shall include, but not be limited to, pumping and cleaning of the septic tank, evaluation of the condition of the tank, baffles, and system, and an examination of the drain field for evidence of system failure.
c. Evaluation of the on-site septic tank and system shall be made by a registered inspector or pumper. A listing of registered inspectors and pumpers are available from the MPCA and shall also be available from the city.
d. In the event a property owner fails to complete the maintenance report form and return, it to the city as required herein, the city shall contract for the property owner’s septic system to be pumped, cleaned and evaluated and all costs associated thereto shall be assessed against each property as outlined in M.S. §§ 429.101 et seq.
e. Upon evaluation, if the system is found to be an imminent threat to public health, the owner of the property shall have the system pumped and repaired or replaced pursuant to the requirements of this section.
f. Any on-site inspection conducted by the city shall be invoiced to the property owner in an amount established by ordinance.
g. Pursuant to M.S. § 429.101, the City Council hereby authorizes the city staff to certify any unpaid costs or charges imposed pursuant to this section, to the County Auditor for collection as other taxes.
(6) Section 6.09 is hereby added to read as follows:
6.09 Effluent Treatment Filters
A commercial effluent filter, such as a Polylox PL-525, or a commercial effluent filter of similar quality as approved by the city, equipped with an automatic shut off system and alarm system shall be installed in all newly constructed SSTS.
(7) Section 7.01 is amended to delete reference to Minn. Rules Chapter 7081.
(8) Section 7.02, G, is hereby vacated and amended to read as follows:
G. Each site evaluation submitted for approval in support of a permit application shall include 4 soil profile assessments and 2 percolation test per site. Soil profile assessments conducted in frozen soil conditions shall not be accepted in support of an SSTS Permit application.
(9) Section 8.01, A, is hereby amended to delete reference to Minn. Rules Chapter 7081.
(10) Section 8.04, A, is hereby amended to correct the reference in the county ordinance to Section 7.02, H, to read “Section 7.02, G”.
(11) Section 8.06 is hereby amended to provide that the applicant may appeal to the city pursuant to the city Zoning Code.
(12) Section 8.08 is hereby amended to require a renewal fee pursuant to the City Fee Schedule.
(13) Section 8.10 is hereby amended to require re-inspection fee pursuant to the City Fee Schedule.
(14) Section 10.01 is hereby amended to delete reference to MSTS.
(15) Section 12.04, C.2.a., is hereby vacated and amended to read as follows:
a. Systems determined to be an imminent health threat to public health and safety shall be upgraded, replaced, repaired, or the use discontinued, within sixty (60) days of Notice of Noncompliance from the Department. In the event a system is determined to be an imminent health threat to public health and safety during at a time when seasonal road restrictions are in effect and prohibit access to a property, and no relief from such road restrictions is granted by the road authority after application, then the system shall be upgraded, replaced, repaired or discontinued on or before May 15th. During such period of road restrictions, the non-compliant system shall be abated through pumping to eliminate the imminent health threat to public health and safety, or converting the existing tank to a temporary holding tank until the system can be upgraded, replaced, repaired or use discontinued.
(16) [Reserved]
(17) Section 12.04, E, is hereby established to read as follows:
(F) Mandatory connection to city sewer and city water. In the event that either an SSTS or a private well fails to pass inspection, and city sewer and city water are located within 150 feet of the boundary line of the property on which the facility using the water or connection to city wastewater sewer system is located, then the property owner shall be required to connect to city sewer and city water within 90 days of notice of the failure. No permits shall be issued for construction of a new SSTS, or expansion of existing SSTS, for use on property if public sewer is available under the provisions of § 52.55.
(18) Section 12.05 is vacated and hereby amended to read as follows:
12.05 Certificate of Compliance
The Certificate of Compliance must include a certified statement by a Qualified Employee indicating whether the SSTS is in compliance with the Ordinance requirements. If the SSTS is determined noncompliant with the applicable requirements, a Notice of Noncompliance must include a statement specifying those Ordinance provisions with which the SSTS does not comply. An SSTS Permit application must be submitted to the City if the required corrective action is not a minor repair.
All property owners who are required to provide a Certificate of Compliance shall also provide to the City the results of a current test of the property’s well water for fecal coliform and nitrates. The purpose of the water test is to develop a database of the condition of the City’s well water resources.
The City shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner’s agent within 15 days of the determination by the Qualified Employee.
(19) Section 13.01 is hereby amended to delete reference to “7081".
(20) Section 15.04 is hereby amended to provide that the City Attorney shall have the authority to commence civil actions.
(21) Section 16, Costs and Reimbursements, is hereby vacated and amended to read as follows:
(A) If the City is required to take any action to enforcement the provisions of this Chapter, the City may recover all costs incurred in such action, including attorneys fees and court costs, and the same may be assessed against the property pursuant to Section 95.08 of the City Code.
(22) Section 17.03, A & B, are hereby amended to provide that variance requests and administrative appeals shall be reviewed pursuant to the city zoning code.
(23) Section 17.03, C, is hereby amended to delete reference to Chapter 7081.
(Ord. 2011-7-1, passed 7-12-2011; Am. Ord. 2020-11-4, passed 11-10-2020; Am. Ord. 2022-5-3, passed 5-10-2022)
(A) 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, capacity for flow, BOD5, and TSS, as determined by the Superintendent.
(B) No unauthorized person(s) shall 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 city.
(C) Applications for permits shall be made by the owner or authorized agent and the party employed to do the work and shall state the location, name of owner, street number of the building to be connected, and how occupied. No person shall extend any private building drain beyond the limits of the building or property for which the service connection permit has been given.
(D) (1) There shall be 2 classes of building sewer permits:
(a) For residential and commercial service; and
(b) For service to establishments producing industrial wastes.
(2) In either case, the application shall be supplemented by any plans, specifications, or any other information considered pertinent in the judgment of the city. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity.
(E) 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 be directly or indirectly occasioned by the installation of the building sewer.
(F) 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. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such connection aforementioned. The City Council may also waive this requirement for other cases where it finds that a separate sewer for a building is impractical.
(G) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent or his or her representative, to meet all requirements of this chapter.
(H) The size, slopes, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench, shall all conform to the requirements of the State Building and Plumbing Code or other applicable rules and regulations of the city. In the absence of code provisions or in the amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
(I) 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 such building drain shall be lifted by an approved means and discharged to the building sewer.
(J) No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or indirectly to the wastewater disposal system.
(K) The connection of the building sewer into the public sewer shall conform to the requirements of the State Building and Plumbing Code or other applicable rules and regulations of the city or the procedures set forth in appropriate specifications of the ASTM and the QPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing to prevent the inclusion of infiltration/inflow. Any deviation from the prescribed procedures and materials must be approved by the city prior to installation.
(L) The applicant for the building sewer permit shall notify the city 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 authorized representative thereof. No backfill shall be placed until the work has been inspected and approved.
(M) 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.
(N) No person shall make a service connection with any public sewer unless regularly licensed under this chapter to perform such work, and no permit shall be granted to any person except such regularly licensed person.
(O) Any person desiring a license to make a service connection with public sewers shall apply in writing to the City Council with satisfactory evidence that the applicant or employer is trained or skilled in the business and qualified to receive a license. All applications shall be referred to the Superintendent for recommendations to the Council. If approved by the Council, such license shall be issued by the City Clerk upon the filing of a bond as hereinafter provided.
(P) No license shall be issued to any person until a policy of insurance (as described in § 50.06) to the city, approved by the Council, is filed with the City Clerk conditioned that the licensee will indemnify and save harmless the city from all suits, accidents, and damage that may arise by reason of any opening in any street, alley, or public ground, made by the licensee or by those in the licensee's employment for any purpose whatever, and that the licensee will replace and restore the street and alley over such opening to the condition existing prior to installation, adequately guard with barricades and lights and will keep and maintain the same to the satisfaction of the Superintendent and shall conform in all respects to the rules and regulations of the Council relative thereto and pay all fines that may be imposed on the licensee by law.
(Q) The license fee for making service connection is set forth in the city’s fee schedule.
(R) The Council may suspend or revoke any license issued under this chapter for any of the following causes:
(1) Giving false information in connection with the application for a license;
(2) Incompetence of the licensee;
(3) Willful violation of any provisions of this chapter or any rule or regulation pertaining to the making of service connections.
(Prior Code, § 403.02) (Am. Ord. 2015-5-3, passed 5-12-2015)
(A) No person(s) shall discharge, or cause to be discharged, any unpolluted water such as stormwater, groundwater, roof runoff, surface drainage, or non-contact cooling water to any sanitary sewer.
(B) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers or to a natural outlet approved by the city and other regulatory agencies. Industrial cooling water or unpolluted 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) No person(s) shall 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 treatment works or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, fuel oil, toluene, xylene, ethers, alcohol, 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 ½ 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 6.0 or greater than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment works;
(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 treatment works. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to § 307(a) of the Act;
(5) Sludges, floats, or skimmings generated by an industrial or commercial pretreatment system. Such sludge, floats, or skimmings shall be contained, transported, and disposed of in accordance with all federal, state, and local regulations.
(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 groundwater, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Superintendent may set limitations lower than 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, nature of the wastewater treatment process, the city's NPDES and/or SDS permit, capacity of the treatment plant, degree of treatability of wastes in the treatment plant, 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) 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 degrees Fahrenheit and 150 degrees Fahrenheit (0 degrees Centigrade 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 in § 52.01;
(4) Any garbage not properly shredded, as defined in § 52.01. 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 promises 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 water, storm drainage, or groundwater.
(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 of the wastewater treatment works.
(9) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the 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 will cause it to be in excess of limitations set by the Superintendent for such materials:
(a) Arsenic;
(b) Cadmium;
(c) Copper;
(d) Cyanide;
(e) Lead;
(f) Mercury;
(g) Nickel;
(h) Silver;
(i) Total chromium;
(j) 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 treatment works which violates any statute, rule, regulation, or ordinance of any regulatory agency, or state or federal regulatory body.
(12) Any waters or wastes containing BOD5 or TSS of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment works, except as may be permitted by specific written agreement subject to the provisions of division (T) 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/or which in the judgment of the Superintendent may have a deleterious effect upon the wastewater treatment works, processes, or equipment; receiving waters and/or soil vegetation and groundwater; 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 § 307(b) of the Act and all addendum thereof;
(c) Require control over the quantities and rates of discharge; and/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 owners' expense and shall be subject to the review and approval of the city pursuant to the requirements of the NPCA.
(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 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(s).
(H) 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 division (D)(2), any flammable wastes as specified in division (C)(1), 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 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 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 Superintendent. Any removal and hauling of the collected 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 such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of wastes. Such 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.
(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 of the wastewater discharge to assure that compliance with federal, state, and local standards are 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.
(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 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 Superintendent for review and approval prior to construction of the facility. Review and approval of such 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 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 Superintendent to minimize damage to the wastewater treatment works. Such 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 ensure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure.
(M) No person, having charge of any building or other premises which drains into the public sewer, shall 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 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 60 days, the Superintendent may cause such work to be completed at the expense of the owner or representative thereof.
(N) Whenever any service connection becomes clogged, obstructed, broken or out of order, 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 Superintendent may direct. Each day after 3 days that a person neglects or fails to so act shall constitute a separate violation of this section, and the Superintendent may then cause the work to be done and recover from such owner or agent 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 person and may collect such assessment as an additional charge for the use of the public sewer system or in any other manner deemed appropriate by the city.
(Q) National categorical pretreatment standards promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this chapter unless the city has applied for and obtained from the state approval to modify the specific limits in the national categorical pretreatment standards. When requested, an application for modification of the national categorical pretreatment standards will be considered for submittal by the city when the wastewater treatment system achieves consistent removal of the pollutants. Consistent removal shall be defined as in 40 C.F.R. 403 of the "General Pretreatment Regulations for Existing and New Sources of Pollution." Conditional revisions of national categorical pretreatment standards may be made by the city in accordance with 40 C.F.R. 403 of the "General Pretreatment Regulations for Existing and New Sources of Pollution" if requested by an industry in accordance with requirements of 40 C.F.R. 403.
(R) State requirements and limitations on discharges shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter or any other applicable city code provision.
(S) The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater treatment system if deemed necessary to comply with the objectives presented in this chapter.
(T) No statement contained in this chapter 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 therefore by the industrial concern, providing that National Categorical Pretreatment Standards and the city's NPDES and/or state disposal system permit limitations are not violated.
(Prior Code, § 403.02)
No person(s) shall 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 misdemeanor.
(Prior Code, § 403.02)
(A) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations or within time limitations as specified within the wastewater discharge permit, whichever is sooner.
(B) Any facilities required to pretreat wastewater shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Superintendent for review and shall be acceptable to the Superintendent before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
(C) All records relating to compliance with pretreatment standards shall be made available by the city to officials of the EPA or MPCA upon request.
(D) Any user subject to a national categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of the commencement of a new discharge to the wastewater treatment system, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in § 52.23. The Superintendent may agree to alter the months during which the above reports are to be submitted.
(Prior Code, § 403.03)
(A) Applications. All applications for wastewater permits shall include an odor and corrosion control Review Document in accordance with the Odor and Corrosion Control Policy adopted by the Chisago Lakes Joint Sewage Treatment Commission (“CLJSTC”) designed to address odor and corrosion control of wastewater discharged to the city wastewater system. When deemed necessary by the city, the Review Document shall be supplemented by an odor and corrosion control plan, along with detailed plans and specifications. The plans and specifications are subject to the review and approval of the city engineer, and shall include but not be limited to information on the quality of the wastewater, including the wastewater’s chemical composition and characteristics, as well as details on the proposed quantity of the wastewater, including but not limited to information on the amount of proposed daily flow of wastewater. In the event that applicant’s proposed wastewater discharge into the city’s sewer system will likely cause odor and corrosion issues exceeding the standards in the CLJSTC Odor and Corrosion Control Policy (“CLJSTC Standards”), which standards are hereby adopted by reference, applicant shall construct facilities necessary to control odor and corrosion at or below levels adopted in the CLJSTC Standards. All applicants shall provide design plans approved by the City Engineer for construction of a manhole at the service line connection to the sewer main for purposes of monitoring the wastewater from applicant’s property. Manholes shall be placed in public right-of-way or a permanent easement and be accessible to the city and CLJSTC staff at all times.
(B) Financial Security. All applicants shall further include financial security to the city in the form of a cash deposit or an irrevocable letter of credit in an amount sufficient to assure compliance with construction of required odor and corrosion control facilities.
(C) Exemptions. All applications will be reviewed on a case-by-case basis by the City Engineer based upon CLJSTC Standards to determine whether an individual single family residence, multi-family residence, or small business that only generates normal domestic strength wastewater may be exempt from the provisions of this subdivision.
(Ord. 2012-6-1, passed 6-12-2012)
ENFORCEMENT
(A) The city may suspend the wastewater treatment service of a user and/or a wastewater discharge permit (after informal notice to the discharger) when such suspension is necessary, in the opinion of the Superintendent, 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, to the environment or to the wastewater treatment system, or would cause the city to violate any condition of its NPDES or state disposal system permit.
(B) Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment system or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the Superintendent within 15 days of the date of occurrence.
(Prior Code, § 403.03)
In accordance with the procedures of this chapter, the city may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of its discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring or for violation of conditions of its permit, this chapter, or applicable state and federal regulations.
(Prior Code, § 403.03)
(A) Notice of hearing. If the violation is not corrected by timely compliance, the Superintendent may order any user which causes or allows an unauthorized discharge to show cause before the Council why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place of a hearing to be held by the Council regarding the violation, the reason why the action is to be taken, the proposed enforcement action and directing the user to show cause before the 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 10 days before the hearing. Service may be made on any agent or officer of a corporation.
(B) Hearing officials. The Council may itself conduct the hearing and take evidence, or may designate any of its members or any officer or employee to:
(1) Issue in the name of the Council notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Council for action thereon.
(C) Transcripts. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. 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.
(D) Issuance of orders. After the 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 properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Prior Code, § 403.03)
If any person discharges wastewater, industrial wastes or other wastes into the wastewater treatment system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the city, the City Attorney may, following the authorization of such action by the Council, commence an action for appropriate legal and/or equitable relief.
(Prior Code, § 403.03)
A list of the users which were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the 12 previous months may be annually published by the city in the official newspaper of the city. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. For the purpose of this provision, significant violations would be those violations which remain uncorrected 45 days after notification of noncompliance, which are part of a pattern of noncompliance over a 12 month period or which involve a failure to accurately report noncompliance.
(Prior Code, § 403.03)
(A) Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this chapter and shall be entitled to a written reply from the city.
(B) Any decision of the city in the enforcement of this chapter may be appealed to the Council by filing a written petition with the City Clerk within 30 days of the city's ruling. The petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. The petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesman. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the city shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason. The Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesman. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the city may present evidence in support of its decision.
(C) The Council shall decide the appeal within a reasonable time and notify the attorney or spokesman. The minutes of the Council shall constitute the official record of the petition, hearing and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense.
(Prior Code, § 403.03)
(A) Any person found to be violating any provision of this chapter 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 such notice, permanently cease all violations.
(B) Any person who shall continue any violation beyond the time limit provided for in division (A) of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount set forth in § 10.99. 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 chapter shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.
(D) Each and every sewer service charge levied by and pursuant to this chapter is made a lien upon the lot or premises served, and all such charges which are on September 30 of each year past due and delinquent shall be certified to the County Auditor as taxes or assessments on the real estate. Nothing in this chapter shall be held or construed as in any way stopping or interfering with the right of the city to levy as taxes or assessments against any premises affected any delinquent or past due sewer service charges.
(E) As an alternative to levying a lien, the city may, at its discretion, file suit in a civil action to collect such amounts as are delinquent and due against the occupant, owner, or user of the real estate and shall collect as well all attorney's fees incurred by the city in filing the civil action. Such attorney's fees shall be fixed by order of the court.
(F) In addition to all penalties and costs attributable and chargeable to recording notices of the lien or filing a civil action, the owner or user of the real estate being serviced by the treatment works shall be liable for interest upon all unpaid balances at the rate of 22% per annum.
(G) Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by as set forth in § 10.99.
(Prior Code, § 403.04)