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§ 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
§ 51.16 RESPONSIBILITY OF SERVICE LINE.
   The sanitary sewer line between the building and the sewer main service stub, or if no stub is present the sewer main, is owned and maintained by the owner of the property serviced by such service line. The property owner must bear the cost of installing the sanitary sewer service line to the sanitary sewer service stub, if no stub is present, the property owner is responsible for connecting to the main in a location determined by the city. The property owner is also responsible for all maintenance and repairs to the sanitary sewer service line between the main and the building being served. The owner shall defend, indemnify, and hold harmless the city from any loss or damage that may be directly or indirectly occasioned by the installation of the building sewer.
(Ord. 89, passed 11-22-94; Am. Ord. 1603, passed 3-8-16)
§ 51.17 BUILDING SEWERS.
   (A)   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, driveway, or yard. 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.
   (B)   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Wastewater System Operator, to meet all requirements of this chapter.
   (C)   The size, slopes, alignment, and 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 codes 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.
   (D)   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.
(Ord. 89, passed 11-22-94) Penalty, see § 51.99
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