BOARD OF MANAGERS
CRANE LAKE WATER AND SANITARY DISTRICT
Ordinance No. 1
AN ORDINANCE CREATING A SEWER UTILITY; REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS; ESTABLISHING METHODS FOR A SEWER SERVICE CHARGE SYSTEM AND A SEPTAGE SERVICE CHARGE SYSTEM; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE REGULATIONS HEREIN DEFINED
The Board of Managers (the “Board”) of the Crane Lake Water and Sanitary District (the “District”) ordains as follows:
Unless the context specifically indicates otherwise, the meaning of the terms used in this Ordinance are as hereafter designated:
Section 1.1 Administration – Those costs attributable to the Board’s administration of the Wastewater Treatment System.
Section 1.2 Authorized Inspector – an inspector authorized by the Board to prepare the reports required by Section 6.2a.ii. of this Ordinance.
Section 1.3 Base Charge – a flat fee per month per EDU payable by each User year around, for all customers.
Section 1.4 Biochemical Oxygen Demand or BOD – The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees Centigrade, expressed in milligrams per liter. It represents the breakdown of carbonaceous materials as distinct from nitrogenous materials.
Section 1.5 Board – The Board of Managers of the District. The Board is the governing body of the District.
Section 1.6 Building Drain – That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the Building Sewer, beginning 5 feet (1.5 meters) outside the inner face of the building wall.
Section 1.7 Building Sewer – The extension from the Building Drain to the Public Sewer, Private Sewer, On-site Wastewater Disposal System or other place of disposal.
Section 1.8 Clean Water Act – The Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
Section 1.9 Combined Sewer – A sewer receiving both surface runoff and Sewage.
Section 1.10 Commercial User – Any User that is not defined as a Governmental User, Industrial User, Institutional User or Residential User in this Ordinance and which discharges Commercial Wastewater. Each Commercial User will be assigned EDUs based on the characteristics of the Wastewater to be discharged.
Section 1.11 Commercial Wastewater – Wastewater emanating from a place of business of a Commercial User which is singly, or by interaction with other wastes:
a. NDSW; or
b. exceeds NDSW limitations; or
c. exceeds normal residential unit volumes of Wastewater as established by the State.
Section 1.12 County – St. Louis County, a body politic and corporate and political subdivision of the State and its successors and assigns.
Section 1.13 Debt Service Charge – A charge to the Users of Wastewater Treatment System for the purpose of repaying the cost of construction of and capital improvements to the Wastewater Treatment Facilities.
Section 1.14 District or Sanitary District – The Crane Lake Water and Sanitary District formed and operated pursuant to Minnesota Laws, Chapter 115, Sections 115.18 through 115.37.
Section 1.15 Engineer – The Person designated by the Board as the District’s engineer(s) or his/her authorized deputy, agent, or representative.
Section 1.16 Equivalent Domestic Unit or EDU – A unit of measurement of Flow and Load that is used for both engineering design purposes and establishing User Charges and Sewer Access Charges which takes into account the costs of treatment processes attributable to Flow, BOD, TSS and other significant Loads expressed in fractional increments of NDSW.
Section 1.17 Extra Strength Charge – A charge which may be charged by the Board to treat Wastewater with concentrations in excess of NDSW.
Section 1.18 Extra Strength Waste – Wastewater exhibiting Loads in excess of 200 milligrams per liter (mg/L) of BOD or 200 mg/L of TSS and not otherwise classified as an Incompatible Waste.
Section 1.19 Fats, Oils and Grease – Material, either liquid or solid, composed primarily of fat, oil and grease from animal, vegetable or mineral source.
Section 1.20 Flow – The quantity of Wastewater.
Section 1.21 Food Service Facility – The following types of establishments: Full service restaurants, fast food establishments, delicatessens, cafeterias, school cafeterias, church kitchens, hospitals and medical facilities, boarding houses, clubhouses, adult daycare facilities, assisted living facilities, convalescent homes, meat distributors and processing facilities, food processing facilities, grocery stores with food preparation/service areas, bakeries, caterers and or other similar types of operations with commercial kitchen equipments.
Section 1.22 Garbage – Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce and animal products, including the packaging of such products.
Section 1.23 Governmental User – Users which are agencies or instrumentalities of federal, State or local government discharging Normal Domestic Strength Wastewater.
Section 1.24 Grease Interceptor or Grease Trap – A device designated to capture fats, oils and grease prior to discharge to a Sanitary Sewer. Also termed grease traps or grease recovery devices.
Section 1.25 Incompatible Waste – Waste that either singly or by interaction with other wastes interferes with any Sewage treatment process, constitutes a hazard to humans or animals in spite of the treatment method used in the District, creates a public nuisance or creates any hazards in the receiving waters of the Wastewater Treatment System.
Section 1.26 Industrial User – Any User who produces Industrial Waste and/or whose discharges, singly or by interaction with other wastes:
a. contaminate the sludge of the Wastewater Treatment Facilities;
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 Facilities discharges;
e. exceed NDSW limitations; or
f. exceed normal residential unit volumes of Wastewater as established by the State.
Section 1.27 Industrial Waste – The liquid, gaseous and solid wastes from industrial manufacturing processes, trade, or business.
Section 1.28 Industrial Wastewater – The liquid, gaseous, and solid processing wastes from an industrial manufacturing process, trade, business or Industrial User.
Section 1.29 Institutional User – Users other than Commercial Users, Governmental Users, Industrial Users or Residential Users, discharging primarily Normal Domestic Strength Wastewater (e.g. non profit organizations).
Section 1.30 Infiltration/Inflow or I/I – Water other than Wastewater that enters the Sanitary Sewer from the ground or from surface runoff, as defined in Minnesota Rules.
Section 1.31 Load – Quantities of Wastewater characteristics such as BOD, TSS, phosphorus or other constituents.
Section 1.32 MPCA – The Minnesota Pollution Control Agency.
Section 1.33 National Categorical Pretreatment Standards – Federal regulations establishing Pretreatment standards for introduction of pollutants in publicly-owned wastewater treatment facilities, found at Section 307(b) of the Clean Water Act.
Section 1.34 National Pollutant Discharge Elimination System Permit or NPDES Permit – A permit issued by the United States Environmental Protection Agency/MPCA setting limits on pollutant strength that a permitee may legally discharge into the waters of the United States pursuant to the provisions of the Clean Water Act.
Section 1.35 Natural Outlet – Any outlet, including Storm Sewers and Combined Sewers, which flows into a water course, pond, ditch, lake or other body of surface water or ground water.
Section 1.36 Non-residential User – A User of the Wastewater Treatment System whose building is not used as a private residence and discharges Normal Domestic Strength Wastewater.
Section 1.37 Normal Domestic Strength Wastewater or NDSW – Wastewater that is introduced primarily by Users with the following characteristics:
a. Flows not to exceed 250 gallons per average day in the month of maximum annual discharge;
b. Loads do not to exceed 200 milligrams per liter (mg/L) of BOD or .25 pounds of BOD per day;
c. TSS do dot exceed 200 mg/L or .22 pounds of TSS per day
Section 1.38 On-site Wastewater Disposal System; Individual Sewage Treatment System or ISTS – An arrangement of devices or structures for treating or holding domestic or non-domestic Wastewater approved for use by applicable regulations of the State or County.
Section 1.39 Operation, Maintenance and Replacement Costs or OM&R – Expenditures necessary to provide for the dependable, economical and efficient functioning of the Wastewater Treatment System throughout their design life, including operator training and permit fees and the establishment of reasonable funds to offset depreciation of the Wastewater Treatment System. Replacement refers to obtaining and installing of equipment, accessories, or appurtenances which are necessary during the design life or useful life, whichever is longer, of the Treatment System to maintain the capacity and performance for which such system was designed and constructed, not the cost of future replacement of the entire facility.
Section 1.40 Permit – Written authorization from the Board to perform acts allowed or required by this Ordinance.
Section 1.41 Person – Any individual, firm, company, association, society, corporation (municipal or otherwise) or other group discharging Wastewater to the Wastewater Treatment System.
Section 1.42 pH – The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Section 1.43 Pretreatment – The treatment of Wastewater prior to introduction thereof into the Wastewater Treatment System.
Section 1.44 Private Sewer or Private Wastewater Disposal System – A privately-owned Wastewater disposal system, including but not limited to a privately-owned On-site Wastewater Disposal System.
Section 1.45 Properly Shredded Garbage – Garbage and/or 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 the Sanitary Sewer, with no particle greater than ½ inch (1.27 centimeters) in any dimension.
Section 1.46 Public Sewer – Any Sewer, metering or pumping facility owned and/or operated by the Board.
Section 1.47 Residential User – A User of the Treatment System whose premises or buildings are used primarily as a seasonal or year-round single-family private residence and which discharges NDSW.
Section 1.48 Sanitary Sewer – A Public 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 admitted intentionally.
Section 1.49 Septage – Wastewater generated by an On-site Wastewater Disposal System, recreational vehicle, mobile home, travel trailer, houseboat or similar accommodation with toilet facilities.
Section 1.50 Septage Service Charge – The fees and charges established from time to time for operation and maintenance of an On-site Wastewater Disposal System by the Board.
Section 1.51 Septage Service Charge System – The Septage Service Charge system established pursuant to Article XI of this Ordinance.
Section 1.52 Service Connection – The point at which the Building Sewer meets and is connected to the Sanitary Sewer.
Section 1.53 Sewage – Wastewater.
Section 1.54 Sewer – A pipe or conduit that carries Wastewater or drainage water.
Section 1.55 Sewer Access Charge, Hookup Fee or SAC – The fees and charges established from time to time for access or connection to the Public Sewer.
Section 1.56 Sewer Service Charge – The total of the User Charge and the Debt Service Charge.
Section 1.57 Sewer Service Charge System – The Sewer Service Charge System established pursuant to Article XI of this Ordinance.
Section 1.58 Sewer Fund – The fund of the Board created pursuant to Article XIII of this Ordinance.
Section 1.59 Slug – A discharge of water or Wastewater which in Load or Flow exceeds for any period of duration longer than 15 minutes, more than 5 times the average 24 hour concentration of Flow or Load during normal operation.
Section 1.60 State – The State of Minnesota, its successors and assigns.
Section 1.61 State Disposal System Permit or SDS Permit – A permit issued by the MPCA pursuant to Minnesota Statutes Section 115.07 for a disposal system as defined by Minnesota Statutes Section 115.01.
Section 1.62 Standard Methods – The latest edition of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, the American Waterworks Association and the Water Environment Federation.
Section 1.63 Storm Sewer – A Sewer intended to carry unpolluted surface and subsurface water from any source.
Section 1.64 Superintendent – The official of the Board who is authorized to enforce this Ordinance, or their authorized deputy, agent or representative. If the Board has not designated a Superintendent, the functions of the Superintendent will be performed by the Board or a member of the Board designated by the Board or the Board’s authorized agent or representative.
Section 1.65 Suspended Solids (SS) or Total Suspended Solids (TSS) – The total suspended matter that either floats on the surface of, or is suspended in water, Wastewater or other liquids, and which is removable by laboratory filtering as prescribed in Standard Methods.
Section 1.66 Toxic Pollutant – The concentration of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse affects as defined in standards issued pursuant to Section 307(a) of the Clean Water Act or Chapter 115 of Minnesota Statutes.
Section 1.67 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. An example could be non-contact cooling water.
Section 1.68 User or Users – Those Residential Users, Non-residential Users, Commercial Users, Governmental Users, Institutional Users, and Industrial Users which are connected to the Treatment System.
Section 1.69 User Charge – A charge to Users of a Wastewater Treatment Facilities or owners of an On site Wastewater Disposal System, based on Flow and Load, for a User’s or owner’s proportionate share of OM&R and includes the Base Charge, the Volume Charge and when applicable, the Extra Strength Charge.
Section 1.70 Volume Charge – A charge per thousand gallons of metered wastewater payable by Users.
Section 1.71 Wastewater – A combination of the liquid and water carried wastes from the Users, including water-carried wastes from residences, business buildings, institutions, and industrial establishments. The term “Wastewater” also includes “Septage”.)
Section 1.72 Wastewater Treatment System or Treatment System or Wastewater Treatment Facilities or Treatment Facilities – An arrangement of any land, devices, facilities, structures, equipment, or processes owned or used in the District for the purpose of the transmission, storage, treatment, recycling, and reclamation of municipal, or Industrial Wastewater, or structures necessary to recycle or reuse water including interceptor Sewers and the disposal of residues resulting from such treatment or devices necessary to determine the underground location of any of the foregoing. Outfall Sewers, collection Sewers, metering, pumping, power, and other equipment and their appurtenances; extension, 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 is an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.
Section 1.73 Watercourse – A channel in which a flow of water occurs, either continuously or intermittently.
Section 2.1 Purpose. The purpose of this Ordinance is to require and regulate the use of the Public Sewer and On site Wastewater Disposal Systems within the District.
Section 2.2 Standard Methods. All measurements, tests and analyses of the characteristics of waters and waste to which reference is made in this Ordinance must be determined in accordance with the provisions set out in latest edition of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, the American Waterworks Association and the Water Environment Federation (“Standard Methods”). Sampling methods, location, times, duration and frequencies are to be determined on an individual basis subject to approval by the Superintendent and Engineer.
Section 2.3 Severability. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence paragraph or section of this Ordinance is declared unconstitutional or otherwise invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity will not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
Section 2.4 Amendments. This Ordinance cannot be amended except by further ordinance of the Board.
Section 3.1 Creation. A Sewer utility within the District is created.
Section 3.2 Management. The Sewer utility created herein will be managed by the Board. The Board has control and general supervision of all Public Sewers, Service Connections and On site Wastewater Disposal Systems in the District and is responsible for administering the provisions of this Ordinance to ensure that a proper and efficient Public Sewer and On site Wastewater Disposal Systems are maintained.
USE OF PUBLIC SEWERS REQUIRED
Section 4.1 Service Connection Required.
a. When and whenever the Public Sewer becomes available to a property served by an On-site Wastewater Disposal System, use of the On-site Wastewater Disposal System must be discontinued, and a Service Connection must be made to the Sanitary Sewer on or before the date set forth in a written notification of Public Sewer availability from the Board and any septic tanks, cesspools, and similar On-site Wastewater Disposal Systems must be abandoned and removed, or cleaned and filled with clean bank run gravel.
b. The abandonment of an On-site Wastewater Disposal System must be in accord with current requirements of the County, the MPCA and all other regulatory agencies at the property owner’s sole expense, unless such On-site Wastewater Disposal System is legally incorporated into the design of the Treatment System.
c. For purposes of this Ordinance, a Public Sewer will be considered available or adjacent to a property if the Public Sewer is located within three hundred (300) feet of any property line of the property to be served. Notwithstanding the foregoing, the Board in its sole discretion may determine that due to unusual physical characteristics, a Public Sewer is not available or adjacent to a property to which Public Sewer is otherwise available or adjacent under the terms of this Ordinance.
d. Each parcel or building not connected to a gravity sewer must be served by a single grinder pump or lift station. In the event the ownership of a parcel changes whether by conveyance, transfer, subdivision or other change in ownership form, including but not limited to conversion under Minnesota Statutes 515, 515A and 515B or successor statute, a grinder pump or lift station must be installed to serve each building or parcel not served by a gravity sewer.
Section 4.2 Failure to Connect.
a. In the event an owner fails to connect to the Public Sewer and to terminate an On-site Wastewater Disposal System in compliance with a notice given under this Ordinance, the Board may have said work done and may charge the User/owner the cost of the Service Connection and may collect such amounts in the manner set forth in Article XII.
b. Costs for such Service Connection made by the Board upon a User’s/owner’s failure to connect will include the actual cost of connection, the cost of abandonment of the On-site Wastewater Disposal System and a Sewer Access Charge, or similar fees and charges, as defined in the Sewer Service Charge System.
ON-SITE WASTEWATER DISPOSAL SYSTEMS USE AND ABANDONMENT
Section 5.1 On-site Wastewater Disposal Systems and Private Facilities Unlawful. Except as provided hereinafter, it is unlawful to construct or maintain any On-site Wastewater Disposal System or other private facility intended or used for the disposal of Wastewater.
Section 5.2 Unavailability of Public Sewers. Where a Public Sewer is not available, as determined by the Board, the Building Drain must be connected to an On-site Wastewater Disposal System complying with the requirements of the County, the MPCA, the Board and all other regulatory agencies.
Section 5.3 Construction of On-site Wastewater Disposal Systems. Before commencement of construction of an On-site Wastewater Disposal System the owner must first obtain a written Permit from the County and file such Permit with the Board.
Section 5.4 Compliance with County Requirements. The type, capacities, location and layout of an On-site Wastewater Disposal System must comply with all requirements of the ordinances and regulations of the County and the Board. No On-site Wastewater Disposal System is permitted to discharge into any Natural Outlet.
Section 5.5 Operation and Maintenance of On-site Wastewater Disposal Systems. The owner of an On-site Wastewater Disposal System must operate and maintain the On-site Wastewater Disposal System in a manner which complies with applicable State and County regulation at all times and at no expense to the Board, other than expenses payable by the Board pursuant to a contract with the owner of the On-site Wastewater Disposal System or this Ordinance.
Section 5.6 Additional Legal Requirements. No statement contained in this Article may be construed to interfere with any additional requirements that may be imposed by the MPCA, the County, the State Department of Health or other responsible federal, State, or local agencies.
Section 5.7 Reservation of Powers. The Board reserves the right to maintain and operate On-site Wastewater Disposal Systems pursuant to a contract with the owner or owners of such systems or pursuant to this Ordinance or otherwise in accordance with law.
PERMITS; LICENSES; APPLICATIONS
Section 6.1 Permits Required with respect to Public Sewers
a. Except for Board employees or agents acting in the course of employment, no Person(s) may connect to, disconnect from, abandon or make any alterations to the Public Sewer or any appurtenances thereof or any connection thereto without first:
i. obtaining a written Permit from the Board in accordance with any rules and regulations promulgated by the Board pursuant to the provisions of this Ordinance; and
ii. with respect to Service Connections only, submission to the Board of a report, in form and substance satisfactory to the Board and prepared by an Authorized Inspector which indicates that no I/I or Unpolluted Water will be discharged into the Public Sewer or Wastewater Treatment Facilities as a result of the Service Connection for which the Permit is sought.
b. There will be two classes of Service Connection Permits:
i. for Users discharging Normal Domestic Strength Wastewater to the Sanitary Sewer; and
ii. for Users discharging non-Normal Domestic Strength Wastewater to the Sanitary Sewer.
c. No Person(s) may make, construct or install any On-site Wastewater Disposal System or any appurtenances thereof or any connection thereto without first obtaining written Permits from the Board and County.
d. The owner or their agent must make application for a Permit on a special form furnished by the Board. The application must be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent or necessary to comply with any rules or regulations of the Board.
e. A Permit and inspection fee will be established by the Board to defray inspection, administrative and other costs. The fee must be paid to the Board at the time the application is filed.
f. All costs and expenses incidental to the installation of the Service Connection or the ISTS must be borne by the owner. The owner must indemnify the Board from any loss or damage that may directly or indirectly be occasioned by the installation of the Building Sewer or the ISTS.
g. No Service Connection Permit will be issued unless the Board, upon the recommendation of the Superintendent first determines that:
i. all District and Wastewater Treatment Facilities have sufficient capacity to accommodate the Flow and Load to be discharged as a result of the Service Connection;
ii. the design specifications for the Service Connection, including any meters and pumps, are compatible with the Treatment Facilities
iii. the report required by Subsection a. of this section has been submitted to the Board; and
iv. the design and construction of the Service Connection complies in all respects with the provisions of this Ordinance and any rules and regulations promulgated by the Board.
h. No Permit will be issued with respect to any property, the use of which is not in compliance with the requirements of any applicable land use and zoning regulations. In making the determination as to whether the property proposed to be served is in compliance with the requirements of any applicable land use and zoning regulations, the Board may rely solely on representations and certifications made by the local unit of government in which the property proposed to be served is located.
i. The applicant for the Permit must notify the Superintendent when the Building Sewer is ready for final inspection and installation of the Service Connection or ISTS is ready for inspection. The area to be inspected must be open for inspection and backfilling must not have commenced. All connections to the Public Sewer must be made under the supervision of the Superintendent or the Engineer.
j. Extensions of the Public Sewer will require an MPCA permit.
k. The Board may promulgate rules and regulations as to the manner in which permits will be issued. The rules and regulations must be placed on file in the general office of the Board and will be effective upon such filing.
Section 6.2 License Required.
a. An appropriate construction license is required to install a Service Connection or an ISTS. Any Person desiring a license must apply in writing to the Board, providing satisfactory evidence of the applicant’s qualifications. If approved by the Board, the license will be issued by the Board upon the filing of a bond as hereinafter provided.
b. In order to assure proper installation and performance, a license to install a Service Connection or an ISTS will not be issued until a performance bond in favor of the Board in an amount equal to the estimated cost of the installation of the Service Connection is filed and approved by the Board. Said performance bond shall be in the amount required by and set forth in Ordinance No. 3. The licensee will be required to indemnify the Board and the property owner from all suits, accidents and damage that may arise by reason of any opening in any street, road, private road, alley or public ground, made by the licensee, by those in the licensee’s employment, or those contracted by the licensee. The licensee will also be required to show proof of insurance coverage in form and substance satisfactory to the Board with liability coverage in an amount equal to the limits set forth in Minnesota Statutes, Chapter 466, as amended from time to time.
c. The cost of a license for making Service Connections or installing an ISTS will be established by the Board by separate ordinance.
d. All licenses will expire on December 31 of each calendar year unless the license is extended, suspended or revoked by the Board for any reasonable cause.
e. The Board may promulgate rules and regulations as to the manner in which licenses will be granted. The rules and regulations must be placed on file in the general office of the Board and will be effective upon such filing.
Section 6.3 License Revocation. The Board may suspend or revoke any license issued under this Article for any of the following causes:
a. Giving false information in connection with the application for a license.
b. Incompetence of the licensee as determined by the Board.
c. Willful violation of any provisions of this Ordinance or any rule or regulation pertaining to the making of Service Connections or installation of On-site Wastewater Disposal Systems.
d. Failure to adequately protect and indemnify the Board and the property owner.
e. Failure to complete work promptly.
f. Construction or performance of work that fails to pass inspection.
Section 6.4 Additional Information. The Superintendent may require a User and a Person applying for Sewer service to provide information needed to determine compliance with this Ordinance. These requirements include, but are not limited to:
a. Wastewater peak Flow and volume over a specified period of time;
b. chemical analysis of Wastewater;
c. information on raw materials, processes and products affecting Wastewater Flow and Load;
d. quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to Sewer use control;
e. a plot plan of the User’s property showing Sewer and Pretreatment facility or Flow equalizing facility location;
f. details of Wastewater Pretreatment or Flow equalizing facilities;
g. details of systems to prevent and control the losses of materials through spills to the Public Sewer;
h. copy of any related building permit;
i. zoning compliance letter;
j. project description;
k. plat; and
l. access to User’s premises so that the Board personnel carry out sampling, monitoring and measurement of User’s discharges.
Section 6.5 Inspection Prior to Sale or Transfer. Prior to the sale or transfer of a property with an existing Service Connection, or prior to the transfer of service to a different User, the property must be inspected by an Authorized Inspector to ensure that no I/I or Unpolluted Water will be discharged into the Public Sewer or Wastewater Treatment Facilities.
Section 6.6 Easements. The Board will require a User of Sewer services and a Person applying for Sewer service to grant an easement in favor of the Board over the property to be served for the purpose of installation of and access to the Public Sewer.
Section 6.7 Disclosure of Information. Industrial Users are required to provide information concerning industrial processes that have a direct bearing on the type and source of discharge to the collection system. An industry may withhold information considered confidential. Nonetheless, the industry must establish that the information in question might result in an advantage to competitors and that the industrial process does not have deleterious impacts on the treatment process.
Section 6.8 Rules and Regulations. The Board may promulgate rules and regulations as to the manner in which Service Connections must be made. The rules and regulations must be placed on file in the general office of the Board and will be effective upon such filing.
Section 6.9 Fees. The Board will establish a schedule of license and permit fees to defray inspection, administrative and other costs incurred in performance of its obligations and duties under this Article. Any license, permit or inspection fee must be paid to the Board at the time the application is filed with the Board.
BUILDING SEWERS AND SERVICE CONNECTIONS; DESIGN
Section 7.1 Location. All Sewer extensions must be located in public streets, alleys or easements, and, when completed and approved, must become the property of the Board.
Section 7.2 Building Sewers.
a. A separate and independent Building Sewer must be provided for each building with running water; provided that the Board may waive strict compliance with the foregoing requirement pursuant to Article 13 and in accordance with the Minnesota Plumbing Code. Any such waiver shall expire upon conveyance, transfer, division or other change in ownership form of the property, including but not limited to conversion under Minnesota Statutes 515, 515A, and 515B or successor statute. Upon expiration of such waiver, or upon conveyance, transfer, division or other change in ownership form of the property, the owner(s) of each parcel or building with running water must apply for a Service Connection Permit under Section 6.1 of this Ordinance. Existing Building Sewers may be used to serve new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Ordinance.
b. The size, slope, alignment, and materials of construction of a Building Sewer; the methods to be used in excavating, placing of the pipe, jointing testing, and backfilling the trench; and each Service Connection must conform to the requirements of the State Building and Plumbing Code, applicable rules and regulations of the Board and the materials and procedural specifications set forth in the American Society of Testing Materials (ASTM) and the Water Environment Federation (WEF) Manual of Practice No. 9. All Service Connections must be made gas and watertight and must be verified by proper testing to prevent Infiltration/Inflow. Any deviation from these prescribed procedures and materials must be approved by the Board before installation.
c. Whenever possible, the Building Sewer must 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, Wastewater must be lifted by an approved means (which may not be inside the building) and discharged to the Building Sewer or Sanitary Sewer.
d. No Person shall make connection of roof downspouts, areaway drains, or other sources of Unpolluted Waters such as storm water, ground water, roof runoff, surface drainage, unpolluted industrial water or cooling water to a Building Sewer or a Building Drain which is connected directly or indirectly to the Sanitary Sewer.
e. No private Building Drain may extend beyond the limits of the building or property for which the Permit has been given.
f. Any new connection to the Public Sewer is prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to, capacity for Flow, BOD and TSS as determined by the Superintendent.
g. The installation and operation of any Garbage grinder equipped with a motor of three fourths (3/4) horsepower or greater is subject to the review and approval of the Superintendent, or his/her authorized representative.
h. All Building Sewers, Service Connections, meters, pumps and other equipment must conform to specifications established by the Board from time to time. Installation of a Building Sewer, Service Connection, meter, pump or other equipment which does not comply with the requirements of the Board will be a violation of this Ordinance. The Board reserves the right to discontinue service to a property served by a Building Sewer, Service Connection, meter, pump or other equipment which does not comply with the requirements of the Board.
Section 7.3 Excavations must be Guarded. All excavations must 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 must be restored to as good or better condition than before work commenced and in a manner satisfactory to the Superintendent.
Section 7.4 Rules and Regulations. The Board may, by resolution, adopt reasonable rules and regulations relating to Sewer construction, use, maintenance, discharges, and deposit or disposal of all Wastewater, both directly or indirectly, within the Board. Such resolution may adopt rules and regulations by reference.
Section 7.5 Sewer Access Charge. There must be paid to the Board a Sewer Access Charge prior to any connection made to the Public Sewer. The amount of the Sewer Access Charge will be set by resolution or ordinance of the Board at the annual rate review hearing established by this Ordinance.
USE OF THE PUBLIC SEWERS; WASTEWATER TREATMENT SYSTEM
Section 8.1 Unpolluted Water. No Unpolluted Water such as storm water, ground water, roof runoff, surface drainage, cooling water, etc. may be discharged to the Sanitary Sewer. Such water must be discharged only to Storm Sewers or to Natural Outlets approved by the Board and other regulatory agencies. Industrial cooling water may be discharged, on approval of the Engineer, to a Storm Sewer or Natural Outlet, subject to approval and the issuance of a NPDES Permit.
Section 8.2 Septage. Septage may only be discharged or deposited into the Sanitary Sewer at locations specifically designated by the Board.
Section 8.3 Prohibited Substances. No Person or Persons may discharge or cause to be discharged any of the following substances in or to the Public Sewer:
a. 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 Treatment Facilities or to the operation of the Treatment Facilities. Prohibited materials include, but are not limited to, gasoline, kerosene, benzene, naptha, fuel oil, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.
b. Any substance which either singly or by interaction with other waste will injure or interfere with any waste treatment process or the Wastewater Treatment Facilities, constitute a hazard to humans or animals in spite of treatment, create a public nuisance, or create any hazard in the receiving waters of the Treatment System, including but not limited to cyanides in excess of Federal and State requirements.
c. Solid or viscous substances of such type or amount which may, either singly or by interaction with other wastes, cause obstruction to the Flow in a Public Sewer, or other interference with the proper operation of the Treatment System such as, but not limited to, bone, fish heads, fish scales, fish entrails, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, sanitary napkins, feathers, tar, plastics, wood, Garbage which is not Properly Shredded Garbage, whole blood, paunch manure, hair and fletching, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by Garbage grinders.
d. Wastewater or other substance having a pH lower than 5.0 or higher than 9.5, or having any other corrosive or caustic property capable of causing damage or hazard.
e. Wastewater containing Toxic Pollutants.
Section 8.4 Other Discharges. No Person may discharge or cause to be discharged the following described substance, materials, waters or wastes if it appears likely in the opinion of the Engineer and/or Superintendent that such wastes can harm either the Sewers, Sewage treatment process, or Wastewater Treatment System, have an adverse effect on the receiving waters, streams, soils, vegetation and ground water, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the Engineer and/or Superintendent will give consideration to such factors as the NPDES Permit for the District, the quantities of subject wastes in relation to the Flow and velocities in the Sewers, materials and construction of the Sewers, nature of the treatment process, capacity of the Treatment System, degree of treatability of the Wastewater, and other factors deemed pertinent. The substances prohibited are:
a. Any Wastewater that would directly or indirectly result in a violation of the NPDES Permit for the District.
b. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F (65 degrees C), or causing, individually or in combination with other Wastewater, the influent at the Treatment Facilities to have a temperature exceeding 104 degrees F (40 degrees C), or having heat in amounts which will be detrimental to biological activity in the Treatment Facilities.
c. Any water or waste containing fats, wax, grease, oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees F (0 – 65 degrees C).
d. Any Garbage that is not Properly Shredded Garbage.
e. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
f. Any waters or wastes containing iron, chromium, copper, zinc, nickel, lead, cadmium, mercury, cyanide, PCBs, and similar toxic or objectionable substances to such degree that any such material received in the composite Sewage at the Treatment System exceeds the limits established by the MPCA for such materials.
g. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Board or Superintendent as necessary, after treatment of the composite Sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
h. Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the Board or Superintendent, in compliance with applicable State and Federal regulations.
i. Materials which contain or cause, whether alone or by interaction with other substances, release of noxious gasses or form 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) that would interfere with the Treatment System or create a condition deleterious to or cause disruption to the Wastewater Treatment System and processes.
j. Materials which contain or cause excessive discoloration which cannot be removed in the treatment process (such as, but not limited to, dye wastes and vegetable tanning solution).
k. Unusual BOD, chemical oxygen demand, or disinfection requirements in such quantities as to constitute a significant Load on the Treatment System, except by Permit or agreement.
l. Unusual volume of Flow or concentration of wastes which constitutes a Slug.
m. Waters or wastes containing substances which are not amenable to treatment or reduction by the treatment process employed, or are amenable to treatment only to such degree that the Treatment System effluent cannot meet the requirements or cause a violation of the regulations of the agencies having jurisdiction over discharge to the receiving waters or are amenable to treatment only by the application of extraordinary processes.
n. Wastewater with BOD or suspended solids levels greater than that defined as Normal Domestic Strength Waste, except as may be permitted by specific written agreement with the Board subject to Section 8.11.
o. Wastewater having a concentration of more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils or products of mineral oil origin.
p. Wastewater containing substances which cannot be treated to produce effluent quality causing a violation of any applicable local, State, or federal regulation.
q. Noxious or malodorous liquids, gases, or solids.
r. Water or waste containing substances which are not amenable to treatment or reduction by the Wastewater treatment processes employed or are amenable to treatment only to such degree that the Wastewater Treatment Facilities effluent cannot meet the requirements of the NPDES Permit issued to the Board or are amenable to treatment only by the application of extraordinary processes.
s. Wastewater contaminated by petroleum oil, fuel, organic solvents, or other toxic organic compound which contains more than 1 milligram per liter (mg/L) of any one of the following compounds; benzene, ethylbenzene, toluene, and xylene (BETX). The sum of these four compounds must not be over 3 mg/L. Diesel range organics (DRO) and gasoline range organics (GRO) must each be less than 100 mg/l each. Lead must be under 1 mg/L. Mercury must be less than 0.3 ug/L. For hauled Wastewater the concentrations must be less than 3 mg/l each for BETX with the combined total less than 10 mg/l. DRO and GRO must be less than 100 mg/L. Lead must be less than 1 mg/L. Mercury must be less than 0.3 ug/L.
Section 8.5 Lower Limitations. The Board or Superintendent may set limitations lower than the prohibition limits outlined in Section 8.4 above. Consideration will be given to such factors as the quantity of waste in relation to Flows and velocities, materials of construction, the NPDES Permit for the District, capacity of the treatment plant, degree of treatability of wastes and other pertinent factors.
Section 8.6 Fats, Oil and Grease.
a. Requirements. The installation or upgrade, and maintenance of grease control equipment at both new and existing FOG generating facilities must meet the following requirements:
i. Grease Interceptors must be installed at all new FOG generating facilities.
ii. Existing FOG generating facilities must install an approved, properly operated and maintained Grease Inceptor when any of the following conditions exists:
A. if the Board determines the discharge of grease from the facility to the sewer has or is creating restrictions in the Public Sewer or is causing additional sewer maintenance costs; or
B. construction which requires issuance of a building permit occurs at a Food Service Facility.
iii. Grease Interceptors must be of adequate size and efficiency and at a minimum shall be sized and installed in accordance with the State of Minnesota Administrative Rules, Chapter 4715, Plumbing Code and all applicable municipal plumbing codes.
iv. Grease Interceptors shall be installed in the waste line leading from the sinks, drains and other fixtures where grease may be introduced, and must be readily accessible for cleaning and inspection.
v. Owners and operators of FOG generating facilities must maintain records for all Grease Interceptor cleaning and maintenance activities in a format approved by the Board and have such records available for inspection.
vi. Owners and operators of FOC generating facilities must regularly (as determined in the sole discretion of the Board) clean and maintain the Grease Interceptor and properly dispose of captured material.
b. Variance. The Board may grant a variance or conditional waiver from the minimum requirements in this section if the owner or operator of the FOG generating facility demonstrates to the satisfaction of the Board that any FOG discharge is negligible and will have an insignificant impact on the sewer system. At a minimum, the following conditions apply:
i. the FOG generating facility must demonstrate that the discharge from its activities contains less than 100 mg/l of FOG; and
ii. the sampling and testing to demonstrate the concentration of grease in the discharge must be conducted, at the facility’s expense, by an independent testing organization acceptable to the Board in accordance with acceptable industry standards.
Any User seeking a variance shall make such request pursuant to the procedures set out in Section XIII; provided that at a minimum, the conditions listed above must be met for a variance to be granted under Section XIII.
c. Inspections. The Board, Superintendent or a representative thereof will perform periodic and random FOG equipment inspections, including scheduled inspections of known problem areas. Records of the inspections shall be maintained by the Board. An authorized agent of the Board may at all reasonable hours, enter any private premises for the purpose of inspecting sewer system connections, plumbing, Grease Interceptors and appurtenances to assure compliance with this or other applicable laws, regulations and ordinances.
d. Records. Records required to be maintained under this section shall be retained for a minimum of seven years from the date of creation of the record. Records include written, photographic, recorded, electronic, or stored data of any kind.
e. Removal and Hauling. Any material removal and hauling must be performed by the property owner’s personnel or a currently licensed waste disposal firm and in compliance with all applicable laws and regulations.
Section 8.7 Sand Interceptors.
a. Sand interceptors (sometimes called traps) must be provided at the owner’s expense when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing any flammable wastes, sand or other harmful ingredients. All interceptors must be of a type and capacity approved by the Board, Superintendent and/or the Engineer and must be readily and easily accessible for cleaning and inspection. The owner will be responsible for the maintenance of interceptors, including proper removal and disposal of the captured materials by appropriate means, and must maintain a record of dates and means of disposal which are subject to review by the Board.
b. Any material removal or hauling must be performed by the property owner’s personnel or a currently licensed waste disposal firm and in compliance with all applicable laws and regulations.
Section 8.8 Pretreatment. Where Pretreatment or Flow equalizing facilities are provided or required for any water or waste, plans, specifications and any other pertinent information relating thereto must be submitted for approval of the Board. No construction of such facilities may be commenced until approval in writing is granted by the Board. Where such facilities are provided, they must be maintained continuously in satisfactory and effective operating order by the owner at their expense and will be subject to periodic inspection by the Board to determine that such facilities are being operated in conformance with the applicable federal, State and local laws, regulations and permits. The owner must maintain operating records and must submit to the Board a monthly summary report of the character of the influent and effluent to show the performance of the Pretreatment facilities and for comparison against District monitoring records.
Section 8.9 Metering and Testing of Waste.
a. A meter will be required for all Users for the purpose of measuring the volume of the User’s Wastewater Flow discharged into the Public Sewer. The Board will own, supply, install and maintain meters. The cost of the meter and its installation will be included in the Hookup Fee set by the Board by resolution or ordinance from time to time. Each meter must be accessible to the Board at all times.
b. Where required by the Engineer and/or Superintendent, Industrial Users must install and maintain, at their own expense, a suitable structure(s) or control manhole(s) with such necessary meters and other testing equipment needed to facilitate observation, sampling and measurement of Wastewater. The manhole will be safe and accessible at all times and must be constructed in accordance with the plans and specifications approved by the Superintendent. The manhole must be installed by the owner at the owner’s expense, and must be maintained by the owner so as to be safe for use at all times.
c. The Board may require a User to sample their Wastewater and submit laboratory analyses to illustrate compliance with this Ordinance and any special conditions for discharge established by the Board or responsible regulatory agency. All measurements, sampling tests and analyses to which reference is made in this Ordinance must be completed in accordance with the latest edition of Standard Methods. Sampling methods, location, times, duration and frequencies are to be determined on an individual basis by the Board. The User must bear the expense of all measurements, analyses and reporting required by the Board. The Industrial User 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 Industrial User must report the results of measurements and laboratory analyses to the Board as such times and in such manner as prescribed by the Board. The Industrial User must bear the expense of all measurements, analyses, and reporting required by the Board. At such times as deemed necessary, the Board reserves the right to take its own measurements and samples for analysis by an independent laboratory.
d. The Board, in its sole discretion may require Non-residential Users and Commercial Users to install and maintain, at their own expense, a suitable structure or control manhole with such necessary meters and other testing equipment needed to facilitate observation, sampling and measurement of Wastewater as provided in this section.
e. Where required by the Board, water meters must be installed on a User’s water supply lines to facilitate measurement of Wastewater generated. The Board will own, supply, install and maintain meters. The Board will set a fee by resolution or ordinance to cover the costs of installation, maintenance, meter readings, etc. The meters must be accessible to the Board at all times.
Section 8.10 Dilution of Discharges. No User may 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 this Article, the National Categorical Pretreatment Standards and any State or local requirement.
Section 8.11 Accidental Discharges.
a. Where required by the Board, Users must provide protection from an accidental discharge of substances regulated by this Ordinance. Where necessary, facilities to prevent accidental discharges of prohibited materials must be provided and maintained at the owner’s expense. Detailed plans and operating procedures of said facilities must be submitted to the Superintendent for review and approval prior to construction of the facility. Approval of such plans and operating procedures will not relieve User from the responsibility of modifying the facility as necessary to meet the requirements of this Ordinance.
b. Users must notify the Board immediately if a Slug or accidental discharge of Wastewater occurs in violation of this Ordinance. Notification will allow measures to be taken to minimize damage to the Treatment Facilities. Notification will not relieve Users of liability for any expense, loss or damage to the Treatment Facilities, or for fines imposed on the community by any State or federal agency as a result of their actions.
c. A notice must be permanently posted on the Industrial User’s bulletin board or other prominent place, advising employees of the emergency notification procedure in the event of a Slug or accidental discharge.
Section 8.12 Contracts with Users. No statement contained in this Article will prevent any special agreement or arrangement between the Board and any Non-residential User, Commercial User or Industrial User. Industrial waste of unusual strength or character may be accepted by the Board for treatment, subject to payment therefor and further subject to adequate pretreatment by the Industrial User, providing that National Categorical Pretreatment Standards and NPDES Permit and SDS Permit limitations are not violated, and that payment for the OM&R is in proportion to the Industrial User’s contribution of Load to the Treatment System, in accordance with the provisions of this Ordinance.
DAMAGE TO THE SYSTEM; REMEDIES
Section 9.1 General.
a. No Person may maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the Treatment System.
b. It is unlawful for any Person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the District or in any area under jurisdiction of the Board, any human or animal excrement, Garbage or other objectionable waste.
c. It is unlawful to discharge to any Natural Outlet or Watercourse within the District or in any area within the jurisdiction of the Board, any Sewage or other polluted waters except where suitable treatment as defined by State and Federal Regulation and/or in accordance with the NPDES Permit for the District has been provided in accordance with the provisions of this Ordinance.
d. Any Person violating a provision of this section is subject to immediate arrest and will be prosecuted to the full extent of the law.
Section 9.2 Deposits or Obstructions.
a. No Person may permit any substance or matter that may form a deposit or obstruction of Flow to be discharged into the Public Sewer. Whenever any Service Connection becomes clogged, obstructed, detrimental to the use of the Public Sewer, or unfit for the purpose of drainage, the owner must make repairs as directed by the Board.
b. If within 48 hours after receiving written notice from the Board the property owner has not commenced repairs, the Board may have said work done and may collect such amounts in the manner set forth in Article XII.
Section 9.3 Unauthorized Discharges.
a. In the event of discharges or proposed discharges to the Public Sewers that contain substances or possess characteristics prohibited in this Ordinance or which in the judgment of the Superintendent and/or Engineer may have a deleterious effect on the Treatment Facilities, processes, equipment, receiving waters, soils, vegetation, or which create a hazard or nuisance, the Engineer and/or Superintendent may:
i. Refuse to accept the wastes.
ii. Require Pretreatment to an acceptable condition for discharge to the Public Sewers, pursuant to Section 307(b) of the Clean Water Act and all addenda thereof.
iii. Require control over the quantities and rates of discharge.
iv. Require payment to cover all the added costs of handling, treating and disposing of wastes not covered by existing taxes or Sewer Access Charges or Sewer Service Charges.
b. If the Engineer and/or Superintendent permits the Pretreatment or equalization of Flow, the design and installation of the plant and equipment are subject to review and approval by the Board and subject to the requirements of all applicable Federal and State codes, ordinances, and the National Categorical Pretreatment Standards.
Section 9.4 Emergency Repairs. Notwithstanding anything in this Ordinance to the contrary, in the event of damage to Sewers or the Treatment Facilities which disrupts other Users, the Board may without notice repair such damage.
Section 9.5 Charge for Board Expenses. In addition to penalties that may be imposed for violation of any provision of this Ordinance, the Board may charge the User/owner the cost of repairing or restoring Sewers and associated facilities damaged as a result of the discharge of prohibited wastes and may collect such amounts in the manner set forth in Article XII.
POWER AND AUTHORITY OF INSPECTORS
Section 10.1 Right of Entry. The Engineer and/or Superintendent and other duly authorized employees or agents or other authorized representative(s) of the Board bearing proper credentials and identification must be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, testing, repair and maintenance in accordance with the provisions of this Ordinance. Notwithstanding the foregoing, the Superintendent or his/her representatives has no authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper, or other industrial processes considered the property of the Industrial User beyond that point having a direct bearing on the kind and source of discharge to the Sewers or waterways or the Treatment System.
Section 10.2 Indemnification. While performing work on private property as authorized by this Ordinance, the Engineer, Superintendent, or duly authorized employees of the Board must observe all safety rules applicable to the premises and the owner will be held harmless for injury or death to the Board employee. The Board will indemnify the owner against loss or damage claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence of the owner or the failure of the owner to maintain safe conditions as required under this Ordinance.
Section 10.3 Easements. The Superintendent and other duly authorized employee(s) or agent(s) or other authorized representative(s) of the Board, bearing proper credentials and identification, must be permitted to enter all properties through which the Board holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, testing, repair and maintenance of any portion of the Treatment Facilities lying within said easement. All entry and subsequent work, if any, on said easement will be done in full accordance with the terms of the easement pertaining to the private property involved.
SEWER SERVICE CHARGE SYSTEM; SEPTAGE SERVICE CHARGE SYSTEM;
SEWER SERVICE FUND
Section 11.1 Systems Established.
a. The Board establishes a Sewer Service Charge System.
i. All revenue collected from Users of the Wastewater Treatment Facilities located within the District will be used for payment of the cost of annual operation, maintenance, replacement services capital costs and debt service.
ii. Unless otherwise provided in a written agreement with the Board, each User must pay the Base Charge, which represents a proportionate share of OM&R based on the number of EDUs assigned to such User.
iii. Each User may also be required to pay a Debt Service Charge to retire local capital costs as recommended by the Board.
b. The Board establishes a Septage Service Charge System.
i. All revenue collected from owners of On-site Wastewater Disposal Systems located within the District will be used to offset the costs of the Board incurred with respect to its operation and maintenance of such systems.
ii. The capital cost of an On-site Wastewater Disposal System must be borne by the owner thereof.
iii. Unless otherwise provided in a written agreement with the Board, each owner must pay a proportionate share of operation and maintenance, replacement and debt service costs based on the owner’s proportionate contribution to the operation and maintenance of the On-site Wastewater Disposal Systems by the Board; provided that the Board may establish a flat rate or system of rates applicable to its services provided to or with respect to On-site Wastewater Disposal Systems.
iv. The Board, in its sole discretion may establish a separate system of rates and charges for extraordinary maintenance costs of an On-site Wastewater Disposal System.
Section 11.2 Charges.
a. Unless otherwise provided in a written agreement with the Board, charges to Users of the Wastewater Treatment Facilities will be determined and fixed in a Sewer Service Charge System (SSCS) and a Septage Service Charge System developed by the Board according to the provisions of this Ordinance. Subsequent changes in the Sewer and Septage service rates and charges will be adopted by the Board by ordinance or resolution.
b. The Sewer Service Charges established in this Ordinance will not prevent either the assessment of additional charges to Users who discharge Extra Strength Wastes with concentrations greater than NDSW or wastes of unusual character, or contractual agreements with such Users, as long as the following conditions are met:
i. No User is charged at a rate less than that of NDSW.
ii. The User pays a Base Charge in accordance with the User’s assigned EDUs.
iii. The measurements of such wastes are conducted according to the latest edition of Standard Methods in a manner acceptable to the Board as provided for in this Ordinance provided that flow measurement may be accomplished using time of use meters attached to grinder pump stations.
iv. The NPDES Permit for the District and Sewer use regulations are not violated.
v. Any additional costs caused by discharges to the Treatment Facilities of Toxic Pollutants or other Incompatible Wastes, including the cost of restoring the Wastewater Treatment Facilities and/or related services, clean up and restoration of the receiving waters and environs, fines or penalties levied by regulatory agencies, and sludge disposal, must be borne by the discharger(s) of said wastes, at no expense to the Board.
Section 11.3 User Classes.
a. Users of the Wastewater Treatment Facilities will be assigned an EDU value in a separate ordinance.
b. The allocation of EDUs to Users or User classes for the purpose of assessing User Charges and Debt Service Charges will be the responsibility of the Superintendent.
c. Allocation of EDUs to Users or User classes will be based on the substantive intent of the definitions contained herein or in a separate ordinance. One or more classes may have the same EDU assignment.
d. Industrial Users who discharge NDSW only, can be classified as Commercial Users for the purpose of rate determination.
e. The following charges are identified and may be imposed for the use and/or availability of the Public Sewers:
i. Base Charge;
ii. Debt Service Charge;
iii. Extra Strength Charge;
iv. Sewer Access Charge; and
v. User Charge.
Section 11.4 Sewer Service Fund Established. The Board establishes a Sewer Service Fund as an income fund to receive all revenues generated by the SSCS and the Septage Service Charge System and all other income dedicated to the Wastewater Treatment Facilities.
Section 11.5 Administration of the Sewer Service Fund.
a. The Sewer Service Fund will be held and administered by the Board and must be separate and apart from all other accounts of the Board. Revenue received in the Sewer Service Fund may be transferred to the following accounts established as income and expenditure accounts:
i. Operation and Maintenance
ii. Equipment Replacement
iii. Debt Retirement for the Treatment Facilities.
b. The Board will maintain a proper system of accounts and records suitable for determining the operation, maintenance, replacement (OM&R) and debt retirement costs of the Treatment Facilities.
c. The Board will determine annually whether sufficient revenue is being generated for the effective management of the Treatment Facilities and debt retirement. The Board will also determine whether the Sewer Service Charges and Septage Service Charges are distributed proportionately. If necessary, the Board will revise the SSCS and the Septage Service Charge System to insure proportionality of Sewer Service Charges and sufficient funds for operation and maintenance of the Treatment Facilities and the On-site Wastewater Disposal Systems by the Board and to retire any Board indebtedness.
d. Sewer Service Charges and Septage Service Charges will be billed by the Board not less frequently than quarterly. The Board reserves the right to bill high volume and Non-residential Users on a monthly basis, or to convert the billing period for high volume and Non-residential Users from quarterly to monthly. Any bill not paid in full 30 days after the due date will be considered delinquent. At that time the User will be notified regarding the delinquent bill and subsequent penalty. Collection action will be taken and the penalty for delinquent payment will be the maximum rate allowed by law.
Section 12.1 Violation Unlawful. It is unlawful for any Person to violate any provision or to fail to comply with any of the requirements of this Ordinance.
Section 12.2 Notice. Any Person violating or found to have violated any provision of this Ordinance, except as set forth in this Article, is guilty of a misdemeanor and will be served by the Board with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The written notice also must state that the offender may request a hearing on the issue pursuant to Section 12.3. The offender must permanently cease all violations within the period of time stated in such notice, or the offender will be charged with a misdemeanor.
Section 12.3 Hearing.
a. Any Person violating or found to have violated any provision of this Ordinance may, within 30 days of issuance of written notice from the Board of the violation, request a hearing on the issue, in which case no penalty will be imposed until after the hearing is held. If, as a result of the hearing, there is no legal reason why a Person should not be penalized under this Article, the Board may immediately impose the penalty.
b. A hearing shall be arranged through the Board’s Secretary. The Secretary will notify the Chair that a hearing needs to be held to review the claim. It is within the Board’s discretion to schedule a date and time for the hearing. The hearing may occur before the Board or before an officer thereby designated by the Board.
Section 12.4 Fines and Penalties.
a. Any Person who continues any violation beyond the time limit provided for in Section 12.2, subject to the requirements of Section 12.3 hereof will be fined an amount not exceeding the amounts set forth in Ordinance No. 3 for each violation and/or charged with a misdemeanor and must upon conviction be subjected to a fine and/or imprisonment in an amount and/or for a term not to exceed the maximums allowed by State law. In either case, the costs of prosecution as permitted by Minnesota Statutes, Rule of Court for the District Courts of Minnesota, and the Minnesota Rules of Criminal Procedure will also be imposed.
b. Each act of violation and every day on which any such violation continues beyond the time limit provided for in Section 12.2 is a separate offense.
Section 12.5 Collection.
a. To collect delinquent Sewer Service Charges or Septage Service Charges, the Board may file a civil action suit or may levy a lien against the violator’s property. Related attorneys fees may also be collected or levied.
b. In the event the Board charges a User/owner for the cost of any work permitted under this Ordinance, and such amounts are not immediately paid by the User/owner, the Board will certify unpaid penalties and charges and related expenses including attorney fees, to the County Auditor with taxes against the property served, for collection as other taxes are collected.
c. A violator will be liable for interest on all unpaid balances at a rate of 6.00 percent annually.
Section 12.6 Board Costs Incurred Under Section 4.2. In the event the Board incurs costs under the provisions of Section 4.2 of this Ordinance, the Board will assess the cost thereof against the benefitted property. Such assessment, when levied, will bear interest to the rate determined by the Board and will be certified to the Auditor of the County and collected and remitted to the Board in the same manner as assessments for local improvements. The rights of the Board are in addition to any penalties or remedial or enforcement provisions of this Ordinance.
Section 12.7 Liability. Any Person violating any of the provisions of this Ordinance will become liable to the Board for any expense, loss or damage occasioned by the Board by reason of such violation.
Section 12.8 Enforcement Alternatives. Notwithstanding any provision in this Ordinance to the contrary, the Board may use any remedy or alternative available in law or statute in the enforcement of this Ordinance, including exercise of the Board’s power of eminent domain, criminal or civil actions and the enforcement of the Hazardous and Substandard Buildings Act, Minnesota Statutes, Sections 463.15 through 463.261, which is incorporated by reference as though fully set forth herein.
Section 12.9 Remedies Cumulative. Any remedies or penalties provided in this Ordinance are cumulative and in addition to any other remedies, either in law or equity, that may be available to the Board.
Section 13.1 Request and Hearing.
a. Any request for a variance from the provisions of this Ordinance shall be considered by the Board and may be heard at any regular meeting or at any special meeting called for that purpose. Any person seeking a variance shall submit the request for variance in writing and shall set forth the specific provision of the Ordinance from which a variance is sought and the factual basis for the request for such variance. Any request for variance must be submitted at least 20 days in advance of any meeting at which such a request is to be heard.
b. The Board may call a special meeting for the purpose of considering a variance upon notice of such meeting as required by the Minnesota Open Meeting Law. Notice of the setting of a meeting for consideration of such variance shall be sent to the party(s) seeking such variance by U.S. Mail, postage pre-paid, at least 7 days prior to the date set for said meeting.
Section 13.2 Required Findings. The Board may grant a variance only where the failure to grant such variance would result in extreme hardship to the person seeking such variance. The Board may impose conditions in the granting of a variance which must be met during the term of the variance. In considering such request for variance, the Board shall consider all relevant evidence including, but not limited to, the following:
a. The specific nature of the hardship that would result from a strict enforcement of the specific Ordinance provision from which the variance is requested.
b. The purposes of the Ordinance provision.
c. The desire to maintain uniformity of treatment among the residents of the District.
d. The effect that the granting of such variance would have upon future affairs of the Board, including its potential nature as a precedent.
e. The general objectives and policies of the Board.
f. The economic hardship that would result if a variance were not granted, provided, however, that potential economic hardship to the person seeking a variance shall not be the sole or determining criteria.
g. The adverse effect that the granting of such variance would have upon the operations in the District.
Section 13.3 Inspection and Investigation. The Board may make or cause to be made such inspection or investigation as it may deem necessary or appropriate in considering any such request for variance. All evidence received by the Board and relied upon by it in making its determination shall be available for reasonable inspection by the public and shall be maintained within the Board’s files in accordance with its document retention policy.
Section 13.4 Required Response Time. The Board shall render its final decision upon the request for variance within 60 days after the hearing provided for in Section 13.1 above. The Board shall make its final report and determination in writing and such final determination shall include specific factual findings supporting the Board’s decision and any conditions imposed under Section 13.2. Such written decision shall be provided to the person requesting such variance and copies shall be maintained within the District’s files in accordance with its document retention policy and shall be available for public inspection.
Section 13.5 Expiration of Variance. Any variance granted hereunder may expire and be of no further force or effect upon a change in the nature and purpose of the use for which the variance was originally granted or at such other time specified on the Board’s final decision described in Section 13.4.
Section 13.6 Additional Procedures. The Board may, by resolution, adopt such additional procedures as may be necessary and expedient in connection with this Article.
Section 14.1 Effect. This Ordinance is in full force and effect from and after its passage and publication as provided by law.
Section 14.2 Inconsistency. All other ordinances and parts of other ordinances inconsistent or in conflict with any part of this Ordinance are repealed to the extent of such inconsistency or conflict.
Adopted by the Board of Managers of the Crane Lake Water and Sanitary District, St. Louis County, State of Minnesota, on September 17, 2003, and amended on June 1, 2011.