Section
51.001 Definitions
51.002
Control of
sewers; administration of chapter
51.003
Building sewers;
general requirements
51.004
Tampering with
wastewater facilities
51.005
Cost of repairing
or restoring sewers
51.015
Deposits of
unsanitary manner prohibited
51.016
Discharge of
wastewater or other polluted waters
51.017
Restrictions on
wastewater disposal facilities
51.018
Installation of
service connection to public sewer
51.019
Failure to
connect to a public sewer
51.035
Public sewer not
available
51.036
Permits
51.037
Type, capacities,
location and layout
51.038
Direct connection
required
51.039
Operation and
maintenance by owner
51.040
Application of
subchapter
51.055
Restrictions on
new connections
51.056
Building sewer permits
51.057
Costs and
expenses
51.058
Separate building
sewers required
51.059
Old building
sewers; restrictions on use
51.060
Conformance to
State Building and Plumbing Code requirements
51.061
Elevation below
basement floor
51.062
Surface runoff or
groundwater connections prohibited
51.063
Excavations
51.064
Licenses
51.080
Discharges of
unpolluted water
51.081
Discharges of
waters or wastes
51.082
Limited
discharges
51.083
Discharges
hazardous to life or constitute public nuisances
51.084
Increasing use of
process water
51.085
Pretreatment or
flow-equalizing facilities
51.086
Grease, oil and
sand interceptors
51.087
Industrial
wastes; installations
51.088
Industrial
wastes; requirements
51.089
Measurements,
tests and analyses of waters and wastes
51.090
Protection from
accidental discharge of prohibited materials
51.091
Permitting
substance or matter to flow or pass into public sewers
51.092
Repairing service
connection
51.093
Catch basin or
waste traps required for motor vehicle washing or servicing facilities
51.094
Special agreement
and arrangement
51.110
Charges generally
51.111
Purpose
51.112
Definitions
51.113
Establishment of
a sewer service charge system
51.114
Determination of
sewer service charges
51.115
Sewer service
fund
51.116
Administration
51.117
Disconnection for
late payment
51.130
Authorized
employees permitted to enter all properties
51.131
Authorized
employees obtaining information for industrial processes
51.132
Authorized
employees to observe safety rules
51.133
Authorized
employees permitted to enter all property with easements
51.999
Penalty
Cross-reference:
Health and Safety; Nuisances, see Chapter
92
§ 51.001 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, being 33 USC
1251 et seq., as amended.
ASTM. American Society
for Testing Materials.
AUTHORITY. This city or
its representative thereof.
BIOCHEMICAL OXYGEN DEMAND (BOD5).
The quantity of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedure in five days at 20° C, expressed in terms
of milligrams per liter (mg/l).
BUILDING DRAIN. The 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 three feet outside 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.
CITY. The area within the
corporate boundaries of the city as presently established or as amended by
ordinance or other legal actions at a future time. The term CITY when used herein
may also be used to refer to the City Council and its authorized
representative.
CONTROL MANHOLE. A
structure specially constructed for the purpose of measuring flow and sampling
of wastes.
EASEMENT. An acquired
legal right for the specific use of land owned by others.
GARBAGE. Animal and
vegetable waste resulting from the handling, preparation, cooking and serving
of food.
INDUSTRIAL WASTE.
Gaseous, liquid and solid wastes resulting from industrial or manufacturing
processes, trade or business, or from the development, recovery and processing
of natural resources, as distinct from residential or 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, which is categorized in Divisions A, B, D, E and I.
INFILTRATION. Water
entering the sewage system (including building drains and pipes) from the
ground through means as defective pipes, pipe joints, connections and manhole
walls.
INFILTRATION/INFLOW (I/I).
The total quantity of water from both infiltration and inflow.
INFLOW. Water other than
wastewater that enters a sewer system (including building drains) from sources
such as, but not limited to, roof leaders, cellar drains, yard and area drains,
foundation drains, drains from springs and swampy areas, manhole covers,
cross-connections from storm sewers, catch basins, surface runoff, street wash
waters or drainage.
INTERFERENCE. The
inhibition or disruption of the city’s wastewater disposal system processes or
operations which causes or significantly contributes to a violation of any
requirement of the city’s NPDES or SDS permit.
The term includes 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.), the Clean Air Act (42 USC 7401 et seq.),
the Toxic Substances Control Act (15 USC 2601 et seq.), or more stringent state
criteria applicable to the method of disposal or use employed by the city.
MAY. The term is
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 those treatment
facilities or would interfere with the operation of those treatment facilities,
pursuant to Section 307(b) of the Act (33 USC 1317(b)).
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).
NATURAL OUTLET. Any outlet,
including storm sewers and combined sewers, which overflow 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 is heat.
NORMAL DOMESTIC STRENGTH WASTE.
Wastewater that is primarily introduced by residential users with a BOD5
concentration not greater than 287 mg/l and a suspended solids (TSS) concentration
not greater than 287 mg/l.
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 a publicly-owned treatment works.
PROPERLY SHREDDED GARBAGE.
The wastes from the preparation, cooking and dispensing of food that have been
shredded to a degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers with no particle greater than
½-inch (1.27 cm) in any dimension.
SEWAGE. The spent water
of a community. The preferred term is
wastewater.
SEWER. A pipe or conduit
that carries wastewater or drainage water.
(1) COLLECTION SEWER.
A sewer whose primary purpose is to collect wastewaters from individual point
source discharges and connections.
(2) INTERCEPTOR SEWER.
A sewer whose primary purpose is to transport wastewater from collection sewers to a treatment
facility.
(3) PRIVATE SEWER.
A sewer which is not owned and maintained by a public authority.
(4) PUBLIC SEWER. A
sewer owned, maintained and controlled by a public authority.
(5) 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 admitted
intentionally.
(6) STORM SEWER or
STORM DRAIN. A drain or sewer intended to carry storm waters,
surface runoff, ground water, subsurface water, street wash water, drainage and
unpolluted water from any source.
SHALL. The term is
mandatory.
STATE DISPOSAL SYSTEM (SDS)
PERMIT. Any permit (including any terms, conditions and requirements
thereof) issued by the MPCA pursuant to M.S. § 115.07, as it may be amended
from time to time for a disposal system as defined by M.S. § 115.01 (8), as it
may be amended from time to time.
SUSPENDED SOLIDS (SS) or TOTAL
SUSPENDED SOLIDS (TSS). The total suspended matter that either floats on
the surface of, or is in suspension in 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
non-filterable residue.
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 Act (33 USC 1317 (a)).
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 benefited by discharge to the sanitary sewers and wastewater treatment
facilities.
USER. Any person who
discharges or causes or permits the discharge of wastewater into the city’s
wastewater disposal system.
UTILITIES SUPERINTENDENT.
The person appointed by the City Council to supervise the sewer and water
systems of the city.
WASTEWATER. The spent
water of a community and referred to as sewage.
From the standpoint of source, it may be a combination of the liquid and
water-carried wastes from residences, commercial buildings, industrial plants
and institutions together with any ground water, surface water and storm water
that may be present.
WASTEWATER TREATMENT WORKS or
TREATMENT WORKS. 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 is an integral part
of the treatment process or is used for ultimate disposal of residues resulting
from that treatment.
WPCF. The Water Pollution
Control Federation.
§ 51.002 CONTROL OF SEWERS;
ADMINISTRATIONS OF CHAPTER.
The Utilities Superintendent, or other
official designated by the City Council shall have control and general
supervision of all public sewers and service connections in the city, and shall
be responsible for administering the provisions of this chapter to the end that
a proper and efficient public sewer is maintained.
§ 51.003 BUILDING SEWERS;
GENERAL REQUIREMENTS.
Building sewer construction shall meet
the pertinent requirements of the Minnesota State Building Code, which is those
chapters of Minn. Rules referenced in Minn. Rules part 1300.2400, subpart 6, as
they may be amended from time to time, and the Minnesota Plumbing Code, Minn.
Rules Ch. 4715, as it may be amended from time to time. The applicant shall notify the City Clerk
when the building sewer and connection is ready for inspection. The connection shall be made under the
supervision of the Building Official or the Building Official’s representative,
if the city has adopted the State Building Code. If the city has not adopted
the State Building Code, the Utilities Superintendent shall perform the
inspection. If the city does not have a
Utilities Superintendent, an installer licensed under § 51.064 shall certify
that the building sewer and connection comply with the State Building
Code. No backfill shall be placed until
the work has been inspected and approved, or until the certification has been
received.
Penalty, see § 51.999
§ 51.004 TAMPERING WITH
WASTEWATER FACILITIES.
No person shall maliciously, willfully,
or negligently break, damage, destroy, uncover, deface or tamper with any
structure, appurtenance or equipment which is part of the wastewater
facilities. Any person violating this
provision shall be subject to immediate arrest under the charge of a
misdemeanor. Penalty, see § 51.999
§ 51.005 COST OF REPAIRING
OR RESTORING SEWERS.
In addition to any penalties that may
be imposed for violation of any provision of this chapter, the city may assess
against any person the cost of repairing or restoring sewers or associated
facilities damaged as a result of the discharge of prohibited wastes by that
person, and may collect the assessment as an additional charge for the use of
the public sewer system or in any other manner deemed appropriate by the city.
§
51.015 DEPOSITS OF UNSANITARY MANNER PROHIBITED.
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 the city’s jurisdiction,
any human or animal excrement, garbage or objectionable waste.
Penalty,
see § 51.999
§
51.016 DISCHARGE OF WASTEWATER OR OTHER POLLUTED WATERS.
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.
Penalty, see § 51.999
§ 51.017 RESTRICTIONS ON
WASTEWATER DISPOSAL FACILITIES.
Except as otherwise provided in this
chapter, it shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool or other facility intended or used for the disposal of
wastewater.
Penalty, see § 51.999
§ 51.018 INSTALLATION OF
SERVICE CONNECTION TO PUBLIC SEWER.
The owners of all houses, buildings or
properties used for human occupancy, employment, recreation or other purposes
from which wastewater is discharged, and which is situated within the city and
adjacent to any street, alley or right-of-way in which there is now located, or
may in the future be located, a public sanitary sewer of the city shall be
required at the owner’s expense to install a suitable service connection to the
public sewer in accordance with provisions of this code within 365 days of the
date the public sewer is operational; provided, the public sewer is within 200
feet of the structure generating the wastewater. All future buildings constructed on property adjacent
to the public sewer shall be required to immediately connect to the public
sewer. If sewer connections are not made
pursuant to this section, an official ten-day notice shall be served
instructing the affected property owner to make the connection.
Penalty, see § 51.999
§ 51.019 FAILURE TO
CONNECT TO A PUBLIC SEWER.
In the event an owner shall fail to
connect to a public sewer in compliance with a notice given under § 51.018, the
city shall undertake to have the connection made and shall assess the cost
thereof against the benefited property.
The assessment, when levied, shall bear interest at the rate determined
by the City Council and shall be certified to the County Auditor and shall be
collected and remitted to the city in the same manner as assessments for local
improvements. The rights of the city
shall be in addition to any remedial or enforcement provisions of this chapter.
Penalty, see § 51.999
§ 51.035 PUBLIC SEWER NOT
AVAILABLE.
Where a public sewer is not available
under the provisions of § 51.018, the building sewer shall be connected to a
private wastewater disposal system complying with the provisions of this
subchapter and Minn. Rules Ch. 7080, Individual Sewage Treatment Systems Program,
as they may be amended from time to time.
Penalty, see § 51.999
§ 51.036 PERMITS.
(A) Required. Prior to
commencement of construction of a private wastewater disposal system, the owner
shall first obtain a written permit signed by the city. The application for the permit shall be made
on a form furnished by the city, which the applicant shall supplement by any
plans, specifications and other information as are deemed necessary to the
city.
(B) Inspections. A permit for a
private wastewater disposal system shall not become effective until the
installation is completed to the satisfaction of the city or its authorized
representative. The city or its
representative shall be allowed to inspect the work at any stage of
construction, and in any event, the applicant for the permit shall notify the
city when work is ready for final inspection, and before any underground
portions are covered. The inspection
shall be made within 24 hours of the receipt of notice.
Penalty,
see § 51.999
§
51.037 TYPE, CAPACITIES, LOCATIONS AND LAYOUT.
The type, capacities, location, and
layout of a private wastewater disposal system shall comply with all
requirements of Minn. Rules Ch. 7080, Individual Sewage Treatment Systems
Program, as they may be amended from time to time. No septic tank or cesspool shall be permitted
to discharge to any natural outlet.
Penalty,
see § 51.999
§
51.038 DIRECT CONNECTION REQUIRED.
At the time as a public sewer becomes
available to a property serviced by a private wastewater disposal system, a
direct connection shall be made to the public sewer within 365 days in
compliance with this chapter, and within 365 days any septic tanks, cesspools
and similar private wastewater disposal systems shall be cleaned of
sludge. The bottom shall be broken to
permit drainage, and the tank or pit filled with suitable material.
Penalty,
see § 51.999
§
51.039 OPERATION AND MAINTENANCE BY OWNER.
The owner shall operate and maintain
the private wastewater disposal facilities in a sanitary manner at all times at
no expense to the city.
§
51.040 APPLICATION OF SUBCHAPTER.
No statement contained in this
subchapter shall be construed to interfere with any additional requirements
that may be imposed by the MPCA or the Minnesota Department of Health.
BUILDING SEWERS AND CONNECTIONS
§
51.055 RESTRICTIONS ON NEW CONNECTIONS.
Any new
connections to the sanitary sewer system shall be prohibited unless sufficient
capacity is available in all downstream facilities, including but not limited
to capacity for flow, BOD5 and suspended solids, as determined by
the Utilities Superintendent.
Penalty, see § 51.999
§ 51.056 BUILDING SEWER PERMITS.
(A) Required. No unauthorized
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.
(B) Applications.
Applications for permits shall be made by the owner or authorized agent and the
party employed to do the work, and shall state the location, name of owner,
street number of the building to be connected and how occupied. No person shall extend any private building
drain beyond the limits of the building or property for which the service
connection permit has been given.
(C) Classes. There shall be two
classes of building sewer permits: one
for residential and commercial service, and one 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) Inspection and connection.
The applicant for the building sewer permit shall notify the city when the
building sewer is ready for inspection and connection to the public sewer. The connection and inspection shall be made
under the supervision of the Utilities Superintendent or authorized
representative thereof.
Penalty, see § 51.999
§ 51.057 COSTS AND
EXPENSES.
All costs and expenses incidental to
the installation and connection of the building sewer shall be borne by the
owner. The owner shall indemnify the
city from any loss or damage that may be directly or indirectly occasioned by the installation
of the building sewer.
Penalty, see § 51.999
§ 51.058 SEPARATE BUILDING
SEWERS REQUIRED.
A separate and independent building
sewer shall be provided for every building, except where one building stands at
the rear of another on an interior lot and no private sewer is available or can
be constructed to the rear building through an adjoining alley, court, yard or
driveway. The building sewer from the
front building may be extended to the rear building and the whole considered
one building sewer. The city does not
and will not assume any obligation or responsibility for damage caused by or
resulting from any connection.
Penalty, see § 51.999
§ 51.059 OLD BUILDING
SEWERS; RESTRICTIONS ON USE.
Old building sewers may be used in
connection with new buildings only when they are found, on examination and test
by the Utilities Superintendent or his or her representative, to meet all
requirements of this chapter.
§
51.060 CONFORMANCE TO STATE BUILDING AND PLUMBING CODE REQUIREMENTS.
(A) The size, slopes, alignment,
materials of construction of building sewers and the methods to be used in
excavating, placing of the pipe, jointing, testing, and backfilling of the
trench, shall all conform to the requirements of the State Building and
Plumbing Code or other applicable rules and regulations of the city.
(B)
The connection of the building sewer into the public sewer shall conform to the
requirements of the State Building and Plumbing Code or other applicable rules
and regulations of the city. All
connections shall be made gastight and watertight, and verified by proper
testing to prevent the inclusion of infiltration/inflow. Any deviation from the prescribed procedures
and materials must be approved by the city prior to installation.
Penalty, see § 51.999
§ 51.061 ELEVATION BELOW
BASEMENT FLOOR.
Whenever possible, the building sewer
shall be brought to the building at an elevation below the basement floor. In all buildings in which any buildings drain
is too low to permit gravity flow to the public sewer, sanitary sewage carried
by the building drain shall be lifted by an approved means and discharged to
the building sewer.
Penalty, see § 51.999
§ 51.062 SURFACE RUNOFF OR
GROUNDWATER CONNECTIONS PROHIBITED.
No person shall make connection of roof
downspouts, sump pumps, foundation drains, areaway drains or other sources of
surface runoff or groundwater to a building sewer or indirectly to the
wastewater disposal system.
Penalty, see § 51.999
§ 51.063 EXCAVATIONS.
All excavations for building sewer
installation shall be adequately guarded with barricades and lights so as to
protect the public from hazard. Streets,
sidewalks, parkways and other public property disturbed in the course of the
work shall be restored in a manner satisfactory to the city.
Penalty, see § 51.999
§ 51.064 LICENSES.
(A) Required. No person shall
make a service connection with any public sewer unless regularly licensed under
this chapter to perform the work, and no permit shall be granted to any person
except a regularly licensed person.
(B) Application. Any person
desiring a license to make a service connection with public sewers shall apply
in writing to the City Council with satisfactory evidence that the applicant or
employer is trained or skilled in the business and qualified to receive a license. All applications shall be referred to the
Utilities Superintendent for recommendations to the Council. If approved by the Council, the license shall
be issued by the City Clerk upon the filing of a bond as hereinafter provided.
(C) Issuance. No license shall
be issued to any person until a policy of insurance to the city, approved by the Council, is filed with the
City Clerk conditioned that the license will indemnify and save harmless the
city from all suits, accidents and damage that may arise by reason of any
opening in any street, alley or public ground made by the licensee or by those
in the licensee’s employment for any purpose whatever, and that the licensee
will replace and restore the street and alley over that opening to the condition
existing prior to installation, adequately guard with barricades and lights,
and will keep and maintain the same to the satisfaction of the Utilities
Superintendent, and shall conform in all respects to any rules and regulations
of the Council relative thereto, and pay all fines that may be imposed on the
licensee by law.
(D) Fee. The license fee for
making service connections shall be as established by the Ordinance
Establishing Fees and Charges adopted pursuant to § 30.11 of this Code, as that
ordinance may be amended from time to time.
All licenses shall expire on December 31 of the license year unless the
license is suspended or revoked by the Council for cause.
(E) Suspension or revocation.
The Council may suspend or revoke any license issued under this subchapter for
any of the following causes:
(1)
Giving false
information in connection with the application for a license.
(2)
Incompetence of
the licensee.
(3)
Willful violation
of any provisions of this chapter or any rule or regulation pertaining to
the making of service
connections.
Penalty, see § 51.999
§ 51.080 DISCHARGES OF
UNPOLLUTED WATER.
(A) No person shall discharge or caused
to be discharged any water such as stormwater, ground water, roof runoff,
surface drainage or non-contact cooling water to any sanitary sewer.
(B) Stormwater and all other unpolluted
drainage shall be discharged to those sewers as are specifically designed as
storm sewers or to a natural outlet approved by the city and other regulatory
agencies. Industrial cooling water or
unpolluted process waters may be discharged to a storm sewer or natural outlet
on approval of the city and upon approval and the issuance of a discharge
permit by the MPCA.
Penalty, see § 51.999
§ 51.081 DISCHARGES OF
WATERS OR WASTES.
No person shall discharge or cause to
be discharged any of the following described waters or wastes to any public
sewers:
(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 wastewater disposal system or to the
operation of the system. Prohibited
materials include but are not limited to gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides.
(B) Solid or viscous substances which
will cause obstruction to the flow in a sewer or other interference with the
operation of the wastewater treatment facilities such as but not limited to
grease, garbage with particles greater than ½-inch in any dimension, animal
guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastic, asphalt residues, residues from refining or
processing of fuel or lubricating oil, mud or glass grinding or polishing
wastes.
(C) Any wastewater having a pH of less
than 5.0 or greater than 9.5 or having any other corrosive property capable of
causing damage or hazard to structures, equipment and personnel of the
wastewater disposal system.
(D) Any wastewater containing toxic
pollutants in sufficient quantity, either singly or by interaction with other
pollutants, to inhibit or disrupt any wastewater treatment process, constitute
a hazard to humans or animals, or create a toxic effect in the receiving waters
of the wastewater disposal system. A toxic pollutant shall include but not be
limited to any pollutant identified pursuant to Section 307 (a) of the Act (33
USC 1317(a)).
Penalty, see § 51.999
§ 51.082 LIMITED
DISCHARGES.
(A) The following described substances,
materials, water or wastes shall be limited in discharges to municipal systems
to concentrations or quantities which will not harm either sewers, the wastewater
treatment works, treatment process or equipment, will not have an adverse
effect on the receiving stream and soil, vegetation and ground water, or will
not otherwise endanger lives, limb, public property, or constitute a nuisance.
The Utilities Superintendent may set limitations lower than limitations
established in the regulations below if, in his or her opinion, the more severe
limitations are necessary to meet the above objectives. In forming his or her opinion as to the
acceptability of wastes, the Utilities Superintendent will give consideration
to factors as the quantity of subject waste in reaction to flows and velocities
in the sewers, materials of construction of the sewers, nature of the sewage
treatment process, the city’s NPDES/SDS permit, capacity of the sewage
treatment plant, degree of treatability of wastes in the sewage treatment
plant, and other pertinent factors.
(B) The limitations or restrictions on
materials or characteristics of waste or wastewaters discharged to the sanitary
sewer which shall not be violated without approval of the Utilities
Superintendent are as follows:
(1) Any wastewater having a
temperature greater than 150º F
(65.6º C), or causing, individually or
in combination with other wastewater, the influent at the wastewater treatment
plant to have a temperature exceeding 104º
F (40º C), or having heat in
amounts which will inhibit biological activity in the wastewater treatment
works resulting in interference therein.
(2) Any wastewater containing
fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or
containing substances which may solidify or become viscous at temperatures
between 32ºF and 150º F (0º C and 65.6º
C); and any wastewater containing oil and grease concentrations of
mineral origin of greater than 100 mg/l, whether emulsified or not.
(3) Any quantities of flow,
concentrations, or both which constitute a “slug” as defined in § 51.001.
(4)
Any garbage not
properly shredded, as defined in § 51.001 of this chapter. Garbage
grinders may be connected to
sanitary sewers from homes, hotels, institutions, restaurants, hospitals,
catering establishments or similar places where garbage originates from the
preparation of food on the premises or when served by caterers.
(5) Any noxious or malodorous
liquids, gases or solids which either singly or by interaction with other
wastes are capable of creating a public nuisance or hazard to life, or are
sufficient to prevent entry into the sewers for their maintenance and repair.
(6) Any wastewater with
objectionable color not removed in the treatment process such as but not
limited to dye wastes and vegetable tanning solutions.
(7) Non-contact cooling water or
unpolluted storm, drainage or ground water.
(8) Wastewater containing inert
suspended-solids such as but not limited to fullers earth, lime slurries, and
lime residues, or of dissolved solids such as but not limited to sodium
chloride and sodium sulfate, in quantities that would cause disruption with the
wastewater disposal system.
(9) Any radioactive wastes or
isotopes of half-life or concentration as may exceed limits established by the
Utilities Superintendent in compliance with applicable state or federal
regulations.
(10) Any waters or wastes
containing the following substances to the degree that any material received in
the composite wastewater at the wastewater treatment works is detrimental to
treatment process, adversely impacts land application, adversely effects
receiving waters, or is in violation of standards pursuant to Section 307 (b)
of the Act (33 USC 1317 (b)): Arsenic,
Cadmium, Copper, Cyanide, Lead, Mercury, Nickel, Silver, total Chromium, Zinc
and Phenolic compounds which cannot be removed by the city’s wastewater
treatment system.
(11) Any wastewater which
creates conditions at or near the wastewater disposal system which violates any
statute, rule, regulation or ordinance of any regulatory agency, or state or
federal regulatory body.
(12) Any waters or wastes
containing BOD5 or suspended solids of character and quantity that
unusual attention or expense is required to handle the materials at the
wastewater treatment works, except as may be permitted by specific written
agreement subject to the provisions of § 51.094.
§
51.083 DISHCARGES HAZARDOUS TO LIFE OR CONSTITUTE PUBLIC NUISANCES.
(A) If any waters or wastes are
discharged or are proposed to be discharged to the public sewers which contain
substances or possess the characteristics enumerated in § 51.082, or which in
the judgment of the Utilities Superintendent may have a deleterious effect upon
the wastewater treatment facilities, processes, or equipment, receiving waters
or soil, vegetation, and ground water, or which otherwise create a hazard to
life or constitute a public nuisance, the city may:
(1)
Reject the
wastes;
(2) Require pretreatment to an
acceptable condition for discharge to the public sewers, pursuant to Section
307 (b) of the Act (33 USC 1317 (b)) and all amendments thereof;
(3) Require control over the
quantities and rates of discharge; and
(4) Require payment to cover the
added costs of handling, treating and disposing of wastes not covered by
existing taxes or sewer service charges.
(B) If the city permits the
pretreatment or equalization of waste flows, the design, installation and
maintenance of the facilities and equipment shall be made at the owner’s
expense and shall be subject to the review and approval of the city pursuant to
the requirements of the MPCA.
§ 51.084 INCREASING USE OF
PROCESS WATER.
No user shall increase the use of
process water or, in any manner, attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with the
limitations contained in §§ 51.081 and 51.082, or contained in the National
Categorical Pretreatment Standards or any state requirements.
Penalty, see § 51.999
§ 51.085 PRETREATMENT OR
FLOW-EQUALIZING FACILITIES.
Where pretreatment or flow-equalizing
facilities are provided or required for any water or wastes, they shall be
maintained continuously in satisfactory and effective operation at the expense
of the owner.
§ 51.086 GREASE, OIL AND
SAND INTERCEPTORS.
Grease, oil, and sand interceptors
shall be provided when, in the opinion of the Utilities Superintendent, they
are necessary for the proper handling of liquid wastes containing floatable
grease in excessive amounts, as specified in § 51.082 (B)(2), any flammable
wastes as specified in § 51.081(A), sand or other harmful ingredients; except
that interceptors shall not be required for private living quarters or dwelling
units. All interceptors shall be of the
type to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the
owner shall be responsible for the proper removal and disposal of the captured
materials by appropriate means, and shall maintain a record of dates and means
of disposal which are subject to review by the Utilities Superintendent. Any removal and hauling of the collecting
materials not performed by the owner’s personnel must be performed by a
currently licensed waste disposal firm.
Penalty, see § 51.999
§ 51.087 INDUSTRIAL
WASTES; INSTALLATIONS.
Where required by the city, the owner
of any property serviced by a building sewer carrying industrial wastes shall install
a suitable structure, or control manhole, with necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling, and
measurement of wastes. The structure
shall be accessible and safely located, and shall be constructed in accordance
with plans approved by the city. The
structure shall be installed by the owner at his or her expense and shall be
maintained by the owner to be safe and accessible at all times.
Penalty,
see § 51.999
§
51.088 INDUSTRIAL WASTES; REQUIREMENTS.
The owner of any property serviced by a
building sewer carrying industrial wastes may, at the discretion of the city,
be required to provide laboratory measurements, tests or analyses of waters or
wastes to illustrate compliance with this chapter and any special condition for
discharge established by the city or regulatory agencies having jurisdiction
over the discharge. The number, type and
frequency of sampling and laboratory analyses to be performed by the owner
shall be as stipulated by the city. The
industry must supply a complete analysis of the constituents of the wastewater
discharge to assure that compliance with federal, state and local standards are
being met. The owner shall report the
results of measurements and laboratory analyses to the city at times and in the
manner as prescribed by the city. The
owner shall bear the expense of all measurements, analyses and reporting
required by the city. At those times as
deemed necessary, the city reserves the right to take measurements and supplies
for analysis by an independent laboratory.
Penalty, see § 51.999
§ 51.089 MEASUREMENTS,
TESTS AND ANALYSES OF WATERS AND WASTES.
All measurements, tests and analyses of
the characteristics of waters and wastes to which reference is made in this
chapter shall be determined in accordance with the latest edition of Standard
Methods for the Examination of Water and Wastewater, published by the
American Public Health Association.
Sampling methods, location, times, duration and frequencies are to be
determined on an individual basis subject to approval by the Utilities
Superintendent.
Penalty, see § 51.999
§ 51.090 PROTECTION FROM
ACCIDENTAL DISCHARGE OF PROHIBITED MATERIALS.
Where required by the city, the owner
of any property serviced by a sanitary sewer shall provide protection from an
accidental discharge of prohibited materials or other substances regulated by
this chapter. Where necessary,
facilities to prevent accidental discharges of prohibited materials shall be
provided and maintained at the owner’s expense.
Detailed plans showing facilities and operating procedures to provide
this protection shall be submitted to the Utilities Superintendent for review
and approval prior to construction of the facility. Review and approval of the plans and
operating procedures
shall not relieve any user
from the responsibility to modify the user’s facility as necessary to meet the
requirements of this chapter. Users
shall notify the Utilities Superintendent immediately upon having a slug or
accidental discharge of substances of wastewater in violation of this chapter
to enable countermeasures to be taken by the Utilities Superintendent to
minimize damage to the wastewater treatments works. The notification will not relieve any user of
any liability for any expense, loss or damage to the wastewater treatment
system or treatment process, or for any fines imposed on the city on account
thereof under any state and federal law.
Employers shall insure that all employees who may cause or discover a
discharge are advised of the emergency notification procedure.
Penalty,
see § 51.999
§ 51.091 PERMITTING
SUBSTANCE OR MATTER TO FLOW OR PASS INTO PUBLIC SEWERS.
No person having charge of any building
or other premises which drains into the public sewer shall permit any substance
or matter which may form a deposit or obstruction to flow or pass into the
public sewer. Within 30 days after
receipt of written notice from the city, the owner shall install a suitable and
sufficient catch basin or waste trap, or if one already exists, shall clean
out, repair or alter the same, and perform other work as the Utilities
Superintendent may deem necessary. Upon
the owner’s refusal or neglect to install a catch basin or waste trap or to
clean out, repair, or alter the same after the period of 30 days, the Utilities
Superintendent may cause the work to be completed at the expense of the owner
or representative thereof.
Penalty,
see § 51.999
§ 51.092 REPAIRING SERVICE
CONNECTION.
Whenever any service connection becomes
clogged, obstructed, broken or out of order, or detrimental to the use of the
public sewer, or unfit for the purpose of drainage, the owner shall repair or
cause the work to be done as the Utilities Superintendent may direct. Each day after 30 days that a person neglects
or fails to so act shall constitute a separate violation of this section, and
the Utilities Superintendent may then cause the work to be done, and recover
from the owner or agent the expense thereof by an action in the name of the
city.
Penalty, see § 51.999
§ 51.093 CATCH BASIN OR
WASTE TRAPS REQUIRED FOR MOTOR VEHICLE WASHING OR SERVICING FACILITIES.
The owner or operator of any motor
vehicle washing or servicing facility shall provide and maintain in serviceable
condition at all times a catch basin or waste trap in the building drain system
to prevent grease, oil, dirt or any mineral deposit from entering the public
sewer system.
Penalty,
see § 51.999
§ 51.094 SPECIAL AGREEMENT
AND ARRANGEMENT.
No statement contained in this
subchapter shall be construed as preventing any special agreement or
arrangement between the city and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by the city for
treatment, subject to payment therefore by the industrial concern; provided,
that National Categorical Pretreatment Standards and the city’s NPDES/SDS
Permit limitations are not violated.
§ 51.110 CHARGES GENERALLY.
Each user of sewer service shall pay
the charges applicable to the type of service, and in accordance with the
provisions set forth in this subchapter.
§ 51.111 PURPOSE.
The purpose of the subchapter is to
provide for sewer service charges to recover costs associated with operation,
maintenance and replacement to ensure effective functioning of the city’s
wastewater treatment system, and local capital costs incurred in the
construction of the city’s wastewater treatment system.
§ 51.112 DEFINITIONS.
For the purpose of this subchapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
ADMINISTRATION. Those
fixed costs attributable to administration of the wastewater treatment works
such as billing and associated bookkeeping and accounting costs.
CITY. The area within the
corporate boundaries of the city as presently established or as amended by
ordinance or other legal actions at a future time. When used herein the term CITY
may also refer to the City Council or its authorized representative.
DEBT SERVICE CHARGE. A
charge levied on users of wastewater treatment facilities for the cost of
repaying money bonded to construct the facilities.
INCOMPATIBLE
WASTE. Waste that either singly or by interaction with other wastes
interferes with any waste treatment process, constitutes a hazard to humans or
animals, creates a public nuisance or creates any hazard in the receiving
waters of the wastewater treatment works.
INDUSTRIAL USERS or INDUSTRIES.
(1) (a) Entitles that discharge into a publicly
owned wastewater treatment works liquid wastes resulting from the processes
employed in industrial or manufacturing processes, or from the development of
any natural resources. These are
identified in the Standard Industrial Classification Manual, latest
edition, Office of Management and Budget, as amended and supplemental under one
of the following divisions:
Division A. Agriculture, forestry and fishing
Division B. Mining
Division D. Manufacturing
Division E. Transportation, communications, electric,
gas, and sanitary sewers
Division I. Services
(b) For the purpose of this definition,
domestic waste shall be considered to have the following characteristics: BOD5
– less than 287 mg/l; Suspended solids – less than 287 mg/l.
(2) Any nongovernmental user of
a publicly owned treatment works which discharges wastewater to the treatment
works which contains toxic pollutants or poisonous solids, liquids or gases in
sufficient quantity either singly or by interaction with other wastes to
contaminate the sludge of any municipal systems, or to injure or to interfere
with any sewage treatment process, or which constitutes a hazard to humans or
animals, creates a public nuisance, or creates any hazard in or has an adverse
effect on the waters receiving any discharge from the treatment works.
MAY. The term is
permissive.
OPERATION AND MAINTENANCE.
Activities required to provide for the dependable and economical functioning of
the treatment works, throughout the design or useful life, whichever is longer
of the treatment works, and at the level of performance for which the treatment
works were constructed. The term
includes replacement.
OPERATION AND MAINTENANCE COSTS.
Expenditures for operation and maintenance, including replacement.
REPLACEMENT. Obtaining
and installing of equipment, accessories or appurtenances which are necessary
during the design life or useful life, whichever is longer, of the treatment
works to maintain the capacity and performance for which the works were
designed and constructed.
REPLACEMENT COSTS. Expenditures for replacement.
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 admitted
intentionally.
SEWER SERVICE CHARGE. The aggregate of all charges, including charges for
operation, maintenance, replacement, debt service, and other sewer related
charges that are billed periodically to users of the city’s wastewater
treatment facilities.
SEWER SERVICE FUND. A
fund into which income from sewer service charges is deposited along with other
income, including taxes intended to retire debt incurred through capital expenditure
for wastewater treatment. Expenditure of
the sewer service fund will be for operation, maintenance and replacement costs
and to retire debt incurred through capital expenditure for wastewater
treatment.
SHALL. The term is
mandatory.
TOXIC
POLLUTANT. The concentration of any pollutant or combination of
pollutants as defined in standards issued pursuant to Section 307 (a) of the
Act (33 USC 1317 (a)), which upon exposure to or assimilation into any
organism, will cause adverse effects.
USER CHARGE. A charge
levied on a user of a treatment works for the user’s proportionate share of the
cost of operation and maintenance, including replacement.
USERS. Those residential,
commercial, governmental, institutional and industrial establishments which are
connected to the public sewer collection system.
WASTEWATER. The spent
water of a community, also referred to as sewage. From the standpoint of source, it may be a
combination of the liquid and water-carried wastes from residences, commercial
buildings, industrial plants and institutions together with any ground water,
surface water and storm water that may be present.
WASTEWATER TREATMENT WORKS
or TREATMENT WORKS. 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 is an integral part
of the treatment process or is used for ultimate disposal of residues resulting from the treatment.
§ 51.113 ESTABLISHMENT OF
A SEWER SERVICE CHARGE SYSTEM.
(A) The city hereby establishes a Sewer
Service Charge System whereby all revenue collected from users of the
wastewater treatment facilities will be used to affect all expenditures
incurred for annual operation, maintenance and replacement and for debt service
on capital expenditure incurred in constructing the wastewater treatment works.
(B) Each user shall pay its
proportionate share of operation, maintenance, and replacement costs of the
treatment works, based on the users proportionate contribution to the total
wastewater loading from all users.
(C) Each user shall pay debt service
charges to retire local capital costs as determined by the City Council.
(D) Sewer service rates and charges to
users of the wastewater treatment facility shall be determined and fixed in a
“Sewer Service Charge System” developed according to the provisions of this
subchapter. The Sewer Service Charge
System shall be the system enacted prior to the adoption of this code. The Ordinance Establishing Fees and Charges
adopted pursuant to § 30.11 of this code may be amended from time to time to
include subsequent changes in sewer service rates and charges.
(E) Revenues collected for sewer
service shall be deposited in a separate fund known as “The Sewer Service
Fund.” Income from revenues collected
will be expended to off-set the cost of operation, maintenance and equipment
replacement for the facility and to retire the debt for capital expenditure.
(F) Sewer service charges and the sewer
service fund will be administrated in accordance with the provisions of
§ 51.116.
(G) A connection fee as fixed in the
Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of
this Code, as that ordinance may be amended from time to time, shall be charged
to each user connecting a new service to the Sanitary Sewer System. The connection fee shall be due and payable
within 90 days of the date the connection is completed.
Penalty, see § 51.999
§ 51.114 DETERMINATION OF SEWER SERVICE CHARGES.
The sewer service rates and charges to
users of the wastewater treatment facility shall be as established by ordinance
or resolution prior to the adoption of this code, unless amended or modified in
the Ordinance Establishing Fees and Charges, adopted pursuant to § 30.11,
as that ordinance may be amended from time to time.
Penalty, see § 51.999
§ 51.115 SEWER SERVICE FUND.
(A) The city hereby establishes a
“Sewer Service Fund” as an income fund to receive all revenues generated by the
sewer service charge system, and all other income dedicated to the operation,
maintenance, replacement and construction of the wastewater treatment works,
including taxes, special charges, fees and assessments intended to retire
construction debt. The city also
establishes the following accounts as income and expenditure accounts within
the sewer service fund:
(1) Operation and maintenance
account.
(2) Equipment replacement account.
(3) Debt retirement account.
(B) All revenue generated by the sewer
service charge system, and all other income pertinent to the treatment system,
including taxes and special assessments dedicated to retire construction debt,
shall be held by the City Clerk separate and apart from all other funds of the
city. Funds received by the sewer
service fund shall be transferred to the “Operation and Maintenance Account,”
the “Equipment Replacement Account,” and the “Debt Retirement Account” in
accordance with state and federal regulations and the provisions of this
chapter.
(C) Revenue generated by the sewer
service charge system sufficient to insure adequate replacement throughout the
design life or useful life, whichever is longer, of the wastewater facility
shall be held separate and apart in the “Equipment Replacement Account” and
dedicated to affecting replacement costs.
Interest income generated by the “Equipment Replacement Account” shall
remain in the “Equipment Replacement Account”.
(D) Revenue generated by the sewer
service charge system sufficient for operation and maintenance shall be held
separate and apart in the “Operation and Maintenance Account.”
§ 51.116 ADMINISTRATION.
The sewer service charge system and
sewer service fund shall be administrated according to the following
provisions:
(A) The City Clerk shall maintain a
proper system of accounts suitable for determining the operation and
maintenance, equipment replacement and debt retirement costs of the treatment
works, and shall furnish the City Council with a report of those costs annually
in December. The City Council shall
annually determine whether or not sufficient revenue is being generated for the
effective operation, maintenance, replacement and management of the treatment
works, and whether sufficient revenue is being generated for debt
retirement. The Council will also
determine whether the user charges are distributed proportionately to each user
in accordance with § 51.113(B). The
city shall thereafter, but not later than the end of the year, reassess and as
necessary revise the Sewer Service Charge System then in use to insure the
proportionality of the user charges and to insure the sufficiency of funds to
maintain the capacity and performance to which the facilities were constructed,
and to retire the construction debt.
(B) In accordance with federal and
state requirements, each user will be notified annually in conjunction with a
regular billing of that portion of the sewer service charge attributable to
operation, maintenance and replacement.
(C) In accordance with federal and
state requirements, the City Clerk shall be responsible for maintaining all
records necessary to document compliance with the Sewer Service Charge System
adopted.
(D) Bills for sewer service charges
shall be rendered on a quarterly basis succeeding the period for which the
service was rendered and shall be due ten days from the date of rendering. Any bill not paid in full 30 days after the
due date will be considered delinquent.
At that time the city shall notify the delinquent owner/occupant in
writing regarding the delinquent bill and subsequent penalty. The penalty shall be computed at 10% of the
original bill and shall be increased the same 10% for every quarter the bill is
outstanding. Disconnection of services
for late payment shall follow the procedures established in § 51.117.
(E) The owner of the premises shall be
liable to pay for the service to their premises, and the service is furnished
to the premises by the city only upon the condition that the owner of the
premises is liable therefore to the city.
(F) Any additional costs caused by
discharges to the treatment works of toxics or other incompatible wastes,
including the cost of restoring wastewater treatment services, clean up and
restoration of the receiving waters and environs, and sludge disposal, shall be
borne by the discharger of the wastes, at no expense to the city.
§ 51.117 DISCONNECTION
FOR LATE PAYMENT.
(A) It is the policy of the city to
discontinue sewer service to customers by reason of nonpayment of bills only
after notice and a meaningful opportunity to be heard on disputed bills. The city’s form for application for utility
service and all bills shall contain, in addition to the title, address, room
number, and telephone number of the official in charge of billing, clearly
visible and easily readable provisions to the effect:
(1) That all bills are due and
payable on or before the date set forth on the bill;
(2) That if any bill is not paid
by or before that date, a second bill will be mailed containing a cutoff notice
that if the bill is not paid within ten days of the mailing of the second bill,
service will be discontinued for nonpayment; and
(3) That any customer disputing
the correctness of his or her bill shall have a right to a hearing at which
time he or she may be represented in person and by counsel or any other person
of his or her choosing and may present orally or in writing his or her
complaint and contentions to the city official in charge of utility
billing. This official shall be
authorized to order that the customer’s service not be discontinued and shall
have the authority to make a final determination of the customer’s complaint.
(B) Requests for delays or waiver of
payment will not be entertained; only questions of proper and correct billing
will be considered. In the absence of
payment of the bill rendered or resort to the hearing procedure provided
herein, service will be discontinued at the time specified, but in no event
until the charges have been due and unpaid for at least 30 days.
(C) When it becomes necessary for the
city to discontinue sewer service to a customer for nonpayment of bills,
service will be reinstated only after all bills for service then due have been
paid, along with a turn-on charge as established by the Ordinance Establishing
Fees and Charges adopted pursuant to § 30.11 of this Code, as that ordinance
may be amended from time to time.
§ 51.130 AUTHORIZED EMPLOYEES PERMITTED TO ENTER ALL
PROPERTIES.
The Utilities Superintendent or other
duly authorized employees of the city, bearing proper credentials and
identification, shall be permitted to enter all properties for the purpose of
inspection, observations, measurement, sampling and testing pertinent to the
discharges to the city's sewer system
in accordance with the provisions of this chapter.
§ 51.131 AUTHORIZED EMPLOYEES OBTAINING INFORMATION
FOR INDUSTRIAL PROCESSES.
The Utilities Superintendent or other
duly authorized employees are authorized to obtain information concerning industrial
processes which have a direct bearing on the type and source of discharge to
the wastewater collection system. An
industry may withhold information considered confidential; however, the
industry must establish that the revelation to the public of the information in
question might result in an
advantage to competitors.
§ 51.132 AUTHORIZED EMPLOYEES TO OBSERVE SAFETY RULES.
While performing necessary work on
private properties, the Utilities Superintendent or duly authorized employees
of the city shall observe all safety rules applicable to the premises
established by the company, and the property owner shall be held harmless for
injury or death to the city employees
and the city shall indemnify the property owner against loss or damage
to its property by city employees and against liability claims and demands for
personal injury or property damage asserted against the company and growing out
of the gauging and sampling operation, except as may be caused by negligence or
failure of the company to maintain safe conditions as required in
§ 51.087.
§ 51.133 AUTHORIZED EMPLOYEES PERMITTED TO ENTER ALL
PROPERTY WITH EASEMENTS.
The Utilities Superintendent or other
duly authorized employees of the city bearing proper credentials and
identification shall be permitted to enter all private properties through which
the city holds a duly negotiated easement for the purposes of but not limited
to inspection, observation, measurement, sampling, repair and maintenance of
any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any, on the
easement shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved.
§ 51.999 PENALTY.
(A)
(1) Any person found to be violating any provisions of §§ 51.001
through 51.094 and 51.130 through 51.133 shall be served by the city with
written notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall, within the period of time
stated in the notice, permanently cease all violations.
(2) Any person who shall
continue any violation beyond the time limit provided for in division (A) of this
section shall be punished as provided in § 10.99. Each day in which any violation occurs shall be deemed as a separate offense.
(3) Any person violating any of
the provisions of §§ 51.001 through 51.094 and 51.130 through 51.133 shall become liable to the
city for any expense, loss or damage occasioned by the city by reason of that violation.
(B)
(1) Each and every sewer service charge levied by and pursuant to
§§ 51.110 through 51.117 is made
a lien upon the lot or premises served, and all charges which are on October 31
of each year past due and delinquent shall be certified to the County Auditor
by November 30 as taxes or assessments on the real estate. Nothing in §§ 51.110 through 51.117
shall be held or construed as in any way stopping or interfering with the right of the city to
levy as taxes or assessments against any premises affected any delinquent or
past due sewer service charges.
(2) As an alternative to levying
a lien, the city may, at its discretion, file suit in a civil action to collect amounts as are delinquent and
due against the occupant, owner or user of the real estate, and shall collect
as well all attorney's fees incurred by the city in filing the civil
action. Attorney's fees shall be fixed
by order of the court.
(3) In addition to all penalties
and costs attributable and chargeable to recording notices of the lien or
filing a civil action, the owner or user of the real estate being serviced by
the treatment works shall be liable for
interest upon all unpaid balances at the rate of 8% per annum.