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§ 51.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. The Federal Water Pollution Control Act, also referred to as the Clean Water Act, as amended, 33 USC 1251 et seq.
   ASTM. American Society for Testing Materials.
   AUTHORITY. The City of St. Michael, or its authorized representative.
   BASEMENT DRAINS. Any and all catch basins, drain pipes, tiles, or other devices laid in, under, around, or outside any basement or foundation of any structures, to collect, carry and prevent, surface, seeping or percolating waters, away and from the foundation or out of the basement of any such buildings or structures in the city; but it shall not be construed to include any drain whose purpose is to merely drain sanitary sewage.
   BIOCHEMICAL OXYGEN DEMAND (BOD5). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°C and as expressed in terms of milligrams per liter (mg/l).
   BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning ten feet outside of the building wall.
   BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, also referred to as a house connection or service connection.
   CISTERN. Any structural receptacle located in basements or above or below the ground in which drain or other waters are stored for which persons have domestic or other uses.
   CITY. The area within the corporate boundaries of the City of St. Michael as presently established or as amended by ordinance or other legal action at a future time. The term CITY when used herein may also be used to refer to the City Council and its authorized representative.
   COD or CHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the chemical oxidation of organic matter as determined by standard laboratory procedures, and as expressed in terms of milligrams per liter (mg/l).
   COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES/SDS permit if the treatment facilities are designed to treat such pollutants to a degree which complies with effluent concentration limits imposed by the permit.
   CONTROL MANHOLE. A structure specifically constructed for the purpose of measuring flow and sampling of wastes.
   DEBT SERVICE CHARGE. A charge to users of the wastewater treatment facility for the purpose of repaying capital costs.
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   EQUIVALENT RESIDENTIAL UNIT (ERU). A unit of wastewater volume of 275 gallons per day at a strength not greater than NDSW.
   FECAL COLIFORM. Any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
   FLOATABLE OIL. Oil, fat, or grease in a physical state, such that it will separate by gravity from wastewater.
   GARBAGE. Animal or vegetable waste resulting from the handling, preparation, cooking, and serving of food.
   INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including nonbiodegradable dissolved solids.
   INDUSTRIAL USER.
      (1)   Any entity as defined in the Standard Industrial Classification Manual (latest edition), as categorized below, that discharges wastewater to the sewer:
         (a)   Division A: Agriculture, forestry, and fishing;
         (b)   Division B: Mining;
         (c)   Division D: Manufacturing;
         (d)   Division E: Transportation, communications, electric, gas, and sanitary sewers;
         (e)   Division I: Services.
      (2)   Any user whose discharges, singly or by interaction with other wastes, wastewaters which:
         (a)   Contaminate the sludge of the wastewater treatment system;
         (b)   Injure or interfere with the treatment process;
         (c)   Create a public nuisance or hazard;
         (d)   Have an adverse effect on the waters receiving wastewater treatment plant discharges;
         (e)   Exceed NDSW limitations;
         (f)   Exceed normal residential unit volumes of wastewater.
   INDUSTRIAL WASTE. Gaseous, liquid, and solid wastes resulting from industrial or manufacturing processes, and processing of natural resources, as distinct from residential or normal domestic strength wastes.
   INDUSTRY. Any nongovernmental or nonresidential user of a publicly owned treatment works which is identified in the Standard Industrial Classification Manual, latest edition, categorized in Divisions A, B, D, E, and I.
   INFILTRATION/INFLOW (I/I). Waste other than wastewater that enters the sewer system from the ground or from surface runoff, as defined in Minnesota Rules.
   INTERFERENCE. The inhibition or disruption of the city’s wastewater treatment facilities, processes, or operations which causes or significantly contributes to a violation of any requirement of the city’s NPDES and/or SDS permit. The term includes prevention of sewage sludge use or disposal by the city in accordance with published regulations providing guidelines under Section 405 of the Act (33 USC 1345) or any regulations developed pursuant to the Solid Waste Disposal Act (42 USC 6901 et seq.), or the Clean Air Act (42 USC 7401 et seq.), the Toxic Substances Control Act (15 USC 2601 et seq.), all as the same may be amended from time to time, or more stringent state criteria applicable to the method of disposal or use employed by the city.
   MAY. Permissive.
   MPCA. The Minnesota Pollution Control Agency.
   NATIONAL CATEGORICAL PRETREATMENT STANDARDS. Federal regulations establishing pretreatment standards for introduction of pollutants in publicly owned wastewater treatment facilities which are determined to be not susceptible to treatment by such treatment facilities or would interfere with the operation of such treatment facilities, pursuant to Section 307(b) of the Act (33 USC 1317(b)) as it may be amended from time to time.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued by the MPCA, setting limits on pollutants that a permittee may legally discharge into navigable waters of the United States pursuant to Sections 402 and 405 of the Act (33 USC 1342 and 33 USC 1345) as they may be amended from time to time.
   NATURAL OUTLET. Any outlet, including storm sewers and combined sewers, which overflows into a watercourse, pond, ditch, lake, or other body of surface water or ground water.
   NON-CONTACT COOLING WATER. The water discharged from any use such as air conditioning, cooling, or refrigeration or during which the only pollutant added to the water is heat.
   NON-RESIDENTIAL USER. A user of the treatment facility whose building is not used as a private residence and discharges NDSW.
   NORMAL DOMESTIC STRENGTH WASTE (NDSW). Wastewater that is primarily introduced by residential users with a BOD5 concentration not greater than 250 mg/l and a suspended solids (TSS) concentration not greater than 250 mg/l.
   OPERATION, MAINTENANCE, AND REPLACEMENT COSTS (OM&R). Expenditures necessary to provide for the dependable, economical, and efficient functioning of the treatment facility throughout its design life, including operator training and permit fees. Replacement refers to equipment replacement costs, not the cost of future replacement of the entire facility.
   PERSON. Any individual, firm, company, association, society, corporation, or group.
   pH. The logarithm of the reciprocal of the concentration of hydrogen ions in terms of grams per liter of solution.
   PRETREATMENT. The treatment of wastewater from industrial sources prior to the introduction of the waste effluent into publicly owned treatment facilities.
   PROPERLY SHREDDED GARBAGE. 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 with no particle greater than one-half inch (1.27 cm) in any dimension.
   RESIDENTIAL USER. A user of the treatment facility whose building is used primarily as a private residence and discharges NDSW.
   ROOF DRAINS. Any and all devices, troughs or pipes that collect or gather any and all waters produced by rains or melted snows and ice on the roofs of any buildings or structures in the city.
   SEWAGE. The spent water of a community. The preferred term is WASTEWATER.
   SEWER. A pipe or conduit that carries wastewater or drainage water.
      COLLECTION SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges and connections.
      COMBINED SEWER. A sewer intended to serve as a sanitary sewer and a storm sewer.
      FORCE MAIN. A pipe in which wastewater is carried under pressure.
      INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collection sewers to a treatment facility.
      PRIVATE SEWER. A sewer which is not owned and maintained by a public authority.
      PUBLIC SEWER. A sewer owned, maintained, and controlled by a public authority.
      SANITARY SEWER. A sewer intended to carry only liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters which are not intentionally admitted.
      STORM SEWER or STORM DRAIN. A drain or sewer intended to carry storm waters, surface runoff, ground water, sub-surface water, street wash water, drainage, and unpolluted water from any source.
   SEWER SERVICE CHARGE. The total of the user charge and the debt service charge.
   SHALL. Mandatory.
   SIGNIFICANT INDUSTRIAL USER. Any industrial user of the wastewater treatment facility who:
      (1)   Is subject to or potentially subject to national categorical pretreatment standards promulgated under Section 307(b) or (c) of the Act (33 USC 1317(b) or (c)) as it may be amended from time to time;
      (2)   Has as its wastes toxic pollutants as defined pursuant to Section 307(a) and Section 502 of the Act (33 USC 1317(a)) as it may be amended from time to time;
      (3)   Has a nondomestic flow of 25,000 gallons or more per average work day;
      (4)   Has a nondomestic flow greater than 5% of the flow in the municipality’s wastewater treatment facilities; or
      (5)   Is determined by the treatment authority to have a significant impact or potential for significant impact, either singly or in combination with other contributing industries, on the wastewater treatment facilities, the quality of sludge, the facilities’ effluent quality, or air emissions generated by the new system.
   SLUG. Any discharge of water or wastewater which in concentration of any given constituent, or in the 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 facilities.
   STATE DISPOSAL SYSTEM (SDS) PERMIT. Any permit (including any terms, conditions, and requirements thereof) issued by the MPCA pursuant to M.S. § 115.07 for a disposal system as defined by
M.S. § 115.01(8) as it may be amended from time to time.
   SUMP PUMP. Any pump or device used to pump water.
   SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSS). The total suspended matter that either floats on the surface of, or is in suspension of, water, wastewater, or other liquids, and is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater,” latest edition, and referred to as nonfilterable residue.
   TOXIC POLLUTANT. The concentration of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects as defined in standards issued pursuant to Section 307(a) of the Act (33 USC 1317(a)) as it may be amended from time to time.
   UNPOLLUTED WATER. 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)
   USER. Any person who discharges or causes or permits the discharge of wastewater into the city’s wastewater treatment facilities.
   USER CHARGE. A charge to a user of a treatment facility for the user’s proportionate share of the cost of operation and maintenance, including replacement.
   WASTEWATER SYSTEM OPERATOR. The official of the city designated by the City Council and certified to operate the wastewater system.
   WASTEWATER TREATMENT FACILITIES or TREATMENT FACILITIES. An arrangement of any devices, facilities, structures, equipment, or processes owned or used by the city for the purpose of the transmission, storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or industrial wastewater, or structures necessary to recycle or reuse water including interceptor sewers, outfall sewers, collection sewers, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling additions, and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works including land which are an integral part of the treatment process or are used for ultimate disposal of residues resulting from such treatment.
   WATERCOURSE. A natural or artificial channel for the passage of water, either continuously or intermittently.
   WPCF. The Water Pollution Control Federation.
(Ord. 59, passed 5-14-85; Am. Ord. 89, passed 11-22-94)
§ 51.02 REQUIRED USE OF SEWERS.
   (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 its jurisdiction, any human or animal excrement, garbage, or objectionable waste except for the spreading of manure for agriculture-related uses.
   (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 subsequent 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 (portable toilet), privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater, unless the public sewer is not reasonably available to the property as determined by the City Engineer. Privy’s are permitted only on a temporary basis on construction sites or city owned parkland in conjunction with city park functions. Privy’s shall be allowed for exempt assemblies listed in § 95.04 and be located on site no longer than 48 hour period before and after the event.
   (D)   The owner of any house or building constructed after the date of this chapter shall be required at the owner's expense to install an approved service connection to the public sewer in accordance with the provisions of this chapter and as required to obtain a building permit from the city. 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 which is not presently connected to the public sewer, and which utilizes a private septic system may pump the septic system and/or make routine maintenance of the private septic system, but shall not upgrade or replace the private septic system, and instead shall, within 30 days after the private septic system becomes inoperable, or upon 30-days written notice from the Wastewater System Operator, be required at the owner's expense to install an approved service connection to the public sewer in accordance with the provisions of this chapter, unless the public sewer is not reasonably available to the property as determined by the City Engineer.
   (E)   In the event an owner shall fail to connect to a public sewer in compliance with a notice given under division (D) above, the city will undertake to have the connection made and shall assess the cost thereof against the benefitted property. Such assessment, when levied, shall bear interest at a 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.
   (F)   Except as provided hereinafter, it shall be unlawful to construct or maintain any private facility intended or used for the disposal of wastewater, unless the public sewer is not reasonably available to the property as determined by the City Engineer.
(Ord. 89, passed 11-22-94; Am. Ord. 0408, passed 12-14-04; Am. Ord. 0802, passed 3-11-08) Penalty, see § 51.99
Cross-reference:
   Nuisances; privy vaults, see § 91.16
§ 51.03 SUBSURFACE SEWAGE TREATMENT SYSTEMS (SSTS).
   (A)   Where a public sewer is not available under the provisions of § 51.02(D), the house or building sewer shall be connected to a subsurface sewage treatment system (SSTS) complying with the provisions of this section. The provisions of Minnesota Rules Chapter 7080-7083, Subsurface Sewage Treatment Systems Program, as it may be amended, are hereby incorporated in this code by reference and shall constitute the minimum standards under which an individual SSTS may be installed, operated and maintained.
   (B)   Prior to commencement of construction of an SSTS of the house or building, the owner shall first obtain a written permit signed by the city’s authorized representative.
   (C)   The type, capacities, location, and layout of an SSTS shall comply with all requirement of Minnesota Rules Chapter 7080, and applicable chapter of this code.
   (D)   The owner of the house or building shall operate and maintain the SSTS in a sanitary manner at all times and at no expense to the city.
   (E)   Nothing in this section shall be construed to replace or supersede any additional requirements that may be imposed by the Minnesota Pollution Control Agency, the State Department of Health, or other responsible federal, state, or local governmental authorities.
(Ord. 89, passed 11-22-94; Am. Ord. 1402, passed 9-9-14; Am. Ord. 2102, passed 8-24-21) Penalty, see § 51.99
Cross-reference:
   Adoption of state individual sewage treatment system standards, see § 155.053
BUILDING SEWERS AND CONNECTIONS
§ 51.15 PERMITS.
   (A)   No person 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. Permits and applications therefor shall be available in the offices of the City Administrator.
   (B)   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, the name of the owner, the street number of the building to be connected, and how the building is to be 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.
   (C)   There shall be two classes of building sewer permits: for residential and commercial service; and for service to establishments producing industrial wastes. 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.
   (D)   Any new connection to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to, capacity or flow, BOD5, and suspended solids, as determined by the City Council.
   (E)   Any person desiring to make a service connection with public sewers shall apply in writing to the City Council with satisfactory evidence that the applicant is trained or skilled in the business and qualified to make the connection. All applications shall be referred to the City Administrator for recommendation to the City Council. If approved by the Council, such permission for connection to the public sewer shall be issued by the City Administrator upon receipt of the financial security herein provided.
   (F)   Any person who desires to receive permission from the city to connect to the city sewer shall file, annually, with the City Administrator, a certification in the form to be provided by the City Administrator, which certification shall include a representation that the party seeking permission to connect to the city sewer is qualified to do so, and shall defend, indemnify, and hold 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 person or by those in the person’s employment or under the person’s control for any purpose whatsoever; and certifying that the person will replace and restore the street and alley over such opening to the condition existing prior to the installation, adequately guard the opening with barricades and lights, and keep and maintain the same to the satisfaction of the City Engineer and Wastewater System Operator, 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 person by law.
   (G)   The fee for making service connections shall be as set by City Council resolution from time to time. All permits for connection to the public sewer shall expire 60 days after the date of the permit unless suspended or revoked prior thereto by the Council for cause.
   (H)   The Council may suspend or revoke any permit issued for connection to the public sewer under this subchapter for any of the following causes:
      (1)   Giving false information in connection with the application for a permit;
      (2)   Incompetence of the person applying for the permit;
      (3)   Willful violation of any provisions of this subchapter or any rule or regulation pertaining to the making of service connections;
      (4)   Failure to adequately protect, defend, indemnify, and hold harmless the city and the user.
(Ord. 89, passed 11-22-94) Penalty, see § 51.99
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