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Sample Ordinance
ORDINANCE
NO. 200
AN
ORDINANCE ESTABLISHING
SEWER USE REGULATIONS
An
ordinance regulating the use of public and private sewers and drains, private
wastewater disposal, the installation and connection of building sewers, and the
discharge of waters and wastes into the public sewer system(s); and providing
penalties for violations thereof.
Be it
ordained and enacted by the Council of the City of _______, Minnesota as follows:
ARTICLE
I
Definitions
Unless the
context specifically indicates otherwise, the meaning of terms used in this
ordinance shall have the meanings hereinafter designated:
Sec.
1 “Act" - The Federal Water Pollution
Control Act also referred to as the Clean Water Act, as amended, 33. U.S.C.
1251, et seq.
Sec. 2 “ASTM” - American Society for Testing
Materials.
Sec. 3 “Authority” - The City, Minnesota or its
representative thereof.
Sec.
4 “BOD5 or Biochemical Oxygen Demand”
- The quantity of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedure in five (5) days at 20 degrees Centigrade in
terms of milligrams per liter (mg/l).
Sec.
5 "Building
Drain" — that part of the lowest horizontal piping of a
drainage system which receives the discharge from waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer, beginning
five (5) feet outside the building wall.
Sec.
6 “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.
Sec.
7 “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.
Sec.
8 “Chemical Oxygen Demand (COD)” -
the quantity of oxygen utilized in the chemical oxidation of organic matter as
determined by standard laboratory procedures, and as expressed in terms of
milligrams per liter (mg/l).
Sec.
9 “Compatible Pollutant” - biochemical oxygen demand, suspended solids,
pH, and fecal coliform bacteria, plus additional pollutants
identified in the NPDES/SDS Permit if the treatment facilities are
designed to treat such pollutants to a degree which complies with effluent concentration limits imposed by the permit.
Sec.
10 “Control Manhole” — a structure specially constructed for the
purpose of measuring flow and sampling of wastes.
Sec. 11
“Easement” — an acquired legal right for
the specific use of land owned by others.
Sec.
12 "Fecal
Coliform” — any number of organisms common to the intestinal
tract of man and animals whose presence in sanitary sewage is an
indicator of pollution.
Sec.
13 “Floatable
Oil” - Oil, fat, or grease in a physical state, such that
it will separate by gravity from wastewater.
Sec.
14 “Garbage”
- animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of food.
Sec.
15 “Incompatible Pollutant” — any pollutant that is not defined as a
compatible pollutant (Sec. 9) including non-biodegradable dissolved solids.
Sec.
16 “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.
Sec.
17 “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.
Sec.
18 “Infiltration” — water entering the sewage system (including
building drains and pipes) from the ground through such means as
defective pipes, pipe joints, connections, and manhole walls.
Sec. 19 “Infiltration/Inflow (I/I)” - the
total quantity of water from both infiltration
and inflow.
Sec.
20 “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.
Sec.
21 “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 and/or SDS Permit. The term includes of sewage sludge
use or disposal by the City in accordance with published regulations
providing guidelines under Section 405 of the Act or any regulations
developed pursuant to the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Act, or more stringent State criteria applicable to the method of disposal or use employed by the
City.
Sec. 22
“MPCA” — Minnesota Pollution Control
Agency.
Sec.
23 “National Categorical Pretreatment Standards” - federal regulations
establishing pretreatment standards for introduction of pollutants
in publicly-owned wastewater treatment facilities which are
determined to be not susceptible to treatment by such treatment
facilities or would interfere with the operation of such treatment
facilities, pursuant to Section 307(b) of the Act.
Sec.
24 “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.
Sec.
25 “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.
Sec.
26 “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.
Sec.
27 “Normal
Domestic Strength Waste” — wastewater that is primarily
introduced by residential users with a BOD5 concentration not
greater than 200 mg/l and a suspended solids (TSS) concentration not
greater than 250 mg/l.
Sec. 28
“Person” — any individual, firm, company,
association, society, corporation, or
group.
Sec.
29 “pH”
- the logarithm of the reciprocal of the concentration of
hydrogen ions in terms of grams per liter of solution.
Sec.
30 “Pretreatment” - the treatment of wastewater from industrial sources
prior to the introduction of the waste effluent into a
publicly-owned treatment works (See Sec. 23).
Sec.
31 “Properly
Shredded Garbage” - the wastes from the preparation,
cooking and dispensing of food that have been shredded to such a
degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers with no particle
greater than 1/2 inch (1.27 cm) in any dimension.
Sec. 32
“Sewage” - the spent water of
a community. The preferred term is wastewater.
Sec. 33
“Sewer” - a pipe or conduit that carries
wastewater or drainage water.
a. “Collection Sewer” - a sewer whose
primary purpose is to collect wastewaters from individual point source
discharges and connections.
b. “Combined Sewer” - a sewer intended to
serve as a sanitary sewer and a storm sewer.
c. “Force Main” - a pipe in which wastewater
is carried under pressure.
d. “Interceptor Sewer” - a sewer whose
primary purpose is to transport wastewater from collection sewers to a treatment
facility.
e. “Private Sewer” - a sewer which is not
owned and maintained by a public authority.
f. “Public Sewer” - a sewer owned,
maintained and controlled by a public authority.
g. “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.
h. “Storm Sewer or Storm Drain” - a drain or
sewer intended to carry storm waters, surface runoff, ground water, sub-surface
water, street wash water, drainage, and unpolluted water from any source.
Sec. 34
“Shall” is mandatory; “May” is
permissive.
Sec.
35 “Significant
Industrial User” — any industrial user of the wastewater
treatment facility which has a discharge flow (1) in
excess of 25,000 gallons per average work day, or (2) has exceeded
five percent (5%) of the total flow received at the treatment
facility, or (3) whose waste contains a toxic pollutant in toxic
amounts pursuant to Section 307(a) of the Act, or (4) whose
discharge has a significant effect, either singly or in combination
with other contributing industries, on the wastewater disposal
system, the quality of sludge, the system’s effluent quality, or
emissions generated by the treatment system.
Sec.
36 “Slug”
- any discharge of water or wastewater which in concentration
of any given constituent, or in quantity of flow, exceeds for any
period of duration longer than fifteen (15) minutes, more than five (5)
times the average 24-hour concentration of flows during normal operation, and
shall adversely affect the collection and/or performance of the wastewater
treatment works.
Sec.
37 “State
Disposal System (SDS) Permit” - any permit (including any terms, conditions and requirements thereof) issued by the MPCA
pursuant to Minnesota Statutes 115.07 for a disposal system as
defined by Minnesota Statutes 115.01, Subdivision 8.
Sec. 38
“Superintendent” — the utilities
superintendent or a deputy, agent or representative thereof.
Sec.
39 “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.
Sec.
40 “Toxic
Pollutant” — the concentration of any pollutant or
combination of pollutants which upon exposure to or assimilation
into any organism will cause adverse effects as defined in standards
issued pursuant to Section 307(a) of the Act.
Sec.
41 “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. (See “Non-contact
Cooling Water”, Sec. 26.)
Sec.
42 “User”
- any person who discharges or causes or permits the
discharge of wastewater into the City’s wastewater disposal system.
Sec.
43 “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.
Sec.
44 “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 clearwell
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.
Sec.
45 “Watercourse” - a natural or artificial channel for the passage of
water, either continuously or intermittently.
Sec. 46
“WPCF” - the Water Pollution
Control Federation.
ARTICLE II
Control by the Utilities
Superintendent
Sec.
1 The
Utilities Superintendent shall have control and general
supervision of all public sewers and service connections in the
City, and shall be responsible for administering the provisions of this
ordinance to the end that a proper and efficient public sewer
is maintained.
ARTICLE III
Sec.
1 It
shall be unlawful for any person to place, deposit, or permit to
be deposited in any unsanitary manner on public or private property
within the City, or in any area under jurisdiction, any human or animal excrement, garbage or objectionable waste.
Sec.
2 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
ordinance and the City’s NPDES/SDS Permit.
Sec.
3 Except
as provided hereinafter, it shall be unlawful to construct or
maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of wastewater.
Sec.
4 The
owner(s) 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 90 days of the date said public
sewer is operational, provided said 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 30-day notice shall be served instructing the affected property
owner to make said connection.
Sec.
5 In
the event an owner shall fail to connect to a public sewer in
compliance with a notice given under Article II, Section 4 of the
Ordinance, the City must undertake to have said connection made and shall
assess the cost thereof against the benefited property. Such assessment, when
levied, shall bear interest at the rate determined by the City Council and shall
be certified to the Auditor of the County of __________, Minnesota 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 ordinance.
ARTICLE
IV
Private Wastewater Disposal
Sec.
1 Where
a public sewer is not available under the provisions of
Article III, Section 4; the
building sewer shall be connected to a private
wastewater disposal system complying with the provisions of
this Article.
Sec.
2 Prior
to commencement of construction of a private wastewater
disposal system, the owner(s) shall first obtain a written permit signed
by the City. The application for such 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.
Sec.
3 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 eight (8) hours of the receipt of notice.
Sec.
4 The
type, capacities, location, and layout of a private wastewater
disposal system shall comply with all requirements of entitled,
“Individual Sewage Treatment System Standards”. No septic tank or cesspool
shall be permitted to discharge to any natural outlet.
Sec.
5 At
such 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 90 days in
compliance with the Ordinance, and within 30 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.
Sec.
6 The owner(s) shall operate and maintain
the private wastewater disposal facilities in
a sanitary manner at all times at no expense to the City.
Sec. 7 No statement contained in this article shall be construed to interfere
with any additional requirements that may be imposed by the MPCA or the
Department of Health of the State of Minnesota.
ARTICLE
V
Building Sewers and
Connections
Sec. 1 Any new connection(s) to the sanitary
sewer system shall be prohibited unless
sufficient capacity is available in all downstream facilities including, but not
limited to capacity for flow, BOD5, and suspended solids, as determined by the
Superintendent.
Sec. 2
No unauthorized person(s) shall uncover, make any connections with or
opening
into, use, alter, or disturb any public sewer or appurtenance thereof without
first obtaining a written permit from the City.
Sec. 3 Applications for permits shall be made
agent and the party employed to do the location, name of owner, street number
connected, and how occupied. No person building drain beyond the limits of the
which the service connection permit has by the owner or authorized work, and
shall state the of the building to be shall extend any private building or
property for been given.
Sec. 4
There shall be two (2) classes of building sewer permits:
(a) for residential and commercial service, and (b) 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.
Sec.
5
All costs and expenses incidental to the installation and connection of
the building sewer shall be borne by the
owner(s). The owner(s) shall indemnify the City from
any loss or damage that may be directly or indirectly occasioned by the
installation building of the sewer.
Sec. 6
A separate and independent building sewer shall be provided for every
building, except where one building stands at the rear of another on an interior
lot and no private sewer is available or can be constructed to the rear building
through an adjoining alley, court, yard, or driveway. The building sewer from
the front building may be extended to the rear building and the whole considered
one building sewer. The City does not and will not assume any obligation or
responsibility for damage caused by or resulting from any such connection
aforementioned.
Sec.
7 Old
building sewers may be used in connection with new buildings
only when they are
found, on examination and test by the superintendent
or his representative, to meet all requirements of
this ordinance.
Sec.
8 The
size, slopes, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the
pipe, jointing, testing, and backfilling of the trench, shall all conform
to the requirements of the State of Minnesota Building and
Plumbing Code or other applicable rules and regulations of the City. In
the absence of code provisions or in the amplification thereof, the materials
and procedures set forth in appropriate specifications of the ASTM and WPCF
Manual of Practice No. 9, shall apply.
Sec.
9 Whenever possible, the building sewer
shall be brought to the building at an elevation below the basement floor. In
all buildings in which any building drain is too low to permit gravity flow to
the public sewer, sanitary sewage carried by such building drain shall be lifted
by an approved means and discharged to the building sewer.
Sec.
10 No
person(s) shall make connection of roof downspouts, foundation drains, areaway
drains, or other sources of surface runoff or groundwater
to a building sewer or indirectly to the wastewater
disposal system.
Sec.
11 The connection of the building sewer into the public sewer shall
conform to the requirements of the State of Minnesota Building and
Plumbing Code or other applicable rules and regulations of the City,
or the procedures set forth in appropriate specifications of the ASTM and
the WPCF Manual of Practice No. 9. All such connections shall be made gastight
and watertight, and verified by proper testing to prevent the inclusion of
infiltration/inflow. Any deviation from the prescribed procedures and materials
must be approved by the City prior to installation.
Sec.
12 The applicant for the building sewer permit shall notify the City
when the building sewer is ready for inspection and connection to the
public sewer. The connection and inspection shall be made under the supervision
of the superintendent or authorized representative thereof.
Sec.
13 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.
Sec.
14 No
person shall make a service connection with any public sewer
unless regularly licensed under this chapter to perform such work,
and no permit shall be granted to any person except such regularly
licensed person.
Sec.
15 Any person desiring a license to make a service connection with
public sewers, shall apply in writing to the City Council with
satisfactory evidence that the applicant or employer is trained or
skilled in the business and qualified to receive a license. All applications
shall be referred to the Superintendent for recommendations to the Council. If
approved by the Council, such license shall be issued by the City Clerk upon the
filing of a bond as hereinafter provided.
Sec.
16 No license shall be issued to any person until a $_____ bond to the
City, approved by the Council, is filed with the City Clerk
conditioned that the licensee will indemnify and save harmless the City
from all suits, accidents, and damage that may arise by reason
of any opening in any street, alley, or public ground, made by the
licensee or by those in the licensee’s employment for any purpose
whatever, and that the licensee will replace and restore the street
and alley over such opening to the condition existing prior to
installation, adequately guard with barricades and lights and will keep
and maintain the same to the satisfaction of the Superintendent,
and shall conform in all respects to the rules and
regulations of the Council relative thereto, and pay all fines that may
be imposed on the licensee by law.
Sec.
17 The license fee for making service connections is $_________. All
licenses shall expire on ____________________ of the license year unless the
license is suspended or revoked by the Council for cause. Upon failure to apply
for a license renewal prior to the expiration date thereof, the license fee for
the ensuing year shall be $____________.
Sec. 18
The Council 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.
c.
Willful violation of any provisions of this article or any rule or
regulation pertaining to the making of service connections.
ARTICLE
VI
Use of Public Services
Sec.
1 No
person(s) shall discharge or cause to be discharged any
unpolluted water such as stormwater, ground water, roof runoff,
surface drainage, or non-contact cooling water to any sanitary
sewer.
Sec.
2 Stormwater and all other unpolluted drainage shall be discharged to such
sewers as are specifically designed as storm sewers or to a
natural outlet approved by the City and other regulatory agencies.
Industrial cooling water or unpolluted 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.
Sec.
3 No person(s) 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, naptha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfide.
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 one-half (1/2) 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.
Sec.
4 The following described substances,
materials, water, or wastes shall be limited in discharges to municipal systems
to concentrations or quantities which will not harm either sewers, the
wastewater treatment works treatment process or equipment, will not have an
adverse effect on the receiving stream and/or soil, vegetation and ground water,
or will not otherwise endanger lives, limb, public property, or constitute a
nuisance. The Superintendent may set limitations lower than limitations
established in the regulations below if, in his opinion, such more severe
limitations are necessary to meet the above objections. In forming his opinion
as to the acceptability of wastes, the Superintendent will give consideration to
such factors as the quantity of subject waste in reaction to flows and
velocities in the sewers. materials of construction of the sewers, nature of the
sewage treatment process, the City’s NPDES and/or SOS permit, capacity of the
sewage treatment plant, degree of treat ability of wastes in the sewage
treatment plant, and other pertinent factors. The limitations or restrictions on
materials or characteristics of waste or wastewaters discharged to the sanitary
sewer which shall not be violated without approval of the Superintendent are as
follows:
a. Any wastewater having a temperature
greater than 150 degrees F (65.6 degrees C), or causing, individually or in
combination with other wastewater, the influent at the wastewater treatment
plant to have a temperature exceeding 104 degrees F (40 degrees C), or having
heat in amounts which will inhibit biological activity in the wastewater
treatment works resulting in interference therein.
b. Any wastewater containing fats, wax,
grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing
substances which may solidify or become viscous at temperatures between 32
degrees F and 150 degrees F (0 degrees C and 65.6 degrees C); and any wastewater
containing oil and grease concentrations of mineral origin of greater than 100
mg/l, whether emulsified or not.
c. Any quantities or flow,
concentrations, or both which constitute a “slug” as defined herein. (See
Article I, Section 33.)
d. Any garbage not properly shredded, as
defined in Article I. Section 28. 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.
e. 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.
f. Any wastewater with objectionable
color not removed in the treatment process, such as, but not limited to dye
wastes and vegetable tanning solutions.
g. Non-contact cooling water or unpolluted
storm. drainage, or ground water.
h.
Wastewater containing inert suspended
solids (such as, but not limited to, Fullers earth,
lime slurries, and lime residues) or of dissolved solids (such as, but
not limited to, sodium chloride and
sodium sulfate) in such quantities that would cause disruption with the
wastewater disposal system.
i. Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by the
superintendent in compliance with applicable state or federal regulations.
j. Any waters or wastes containing the following
substances to such degree that any such material received in the composite
wastewater at the wastewater treatment works in excess of the following limits
for such materials:
| Waste or Chemical |
Daily Maximum
Concentration (mg/l) |
30-Day Average
Concentration (mg/l) |
| Arsenic |
|
|
| Cadmium |
1.2 |
0.5 |
| Copper
|
4.5
|
1.8 |
| Cyanide
|
0.8
|
0.23 |
| Lead |
0.6 |
0.3 |
| Mercury |
|
|
| Nickel |
4.1
|
1.8 |
|
Silver |
|
|
| Total Chromium |
7.0
|
2.5 |
| Zinc |
4.2 |
1.8 |
Total Heavy Metals (Copper,
Chromium, Nickel, Zinc) |
10.5 |
5.0 |
| Phenolic compounds which cannot be removed by
City’s wastewater treatment system. |
k. 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.
l. Any waters or wastes containing BOD5 or
suspended solids of such character and quantity that unusual attention or
expense is required to handle such materials at the wastewater treatment works,
except as may be permitted by specific written agreement subject to the
provisions of Section 16 of this Article.
Sec.
5 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 Section 4 of this Article, and/or
which in the judgment of the Superintendent, may have a deleterious effect upon
the wastewater treatment facilities, processes, or equipment; receiving water
and/or soil, vegetation, and ground water; or which otherwise create a hazard to
life or constitute a public nuisance, the City may:
a. Reject the wastes,
b. Require pretreatment to an acceptable
condition for discharge to the public sewers, pursuant to Section 307(b) of the
Act and all addendums thereof,
c. Require control over the quantities and rates
of discharge, and/or,
d. Require payment to cover the added costs of
handling, treating, and disposing of wastes not covered by existing taxes or
sewer service charges.
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.
Sec.
6 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 Sections 3 and 4 of this Article, or contained in the
National Categorical Pretreatment Standards or any state requirements.
Sec.
7 Where pretreatment or flow-equalizing
facilities are provided or required for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation at the expense
of the owner(s).
Sec.
8 Grease, oil, and sand interceptors
shall be provided when, in the opinion of the Superintendent, they are necessary
for the proper handling of liquid wastes containing floatable grease in
excessive amounts, as specified in Section 4(b), any flammable wastes as
specified in Section 3(a), sand or other harmful ingredients; except that such
interceptors shall not be required for private living quarters or dwelling
units. All interceptors shall be of the type to be readily and easily accessible
for cleaning and inspection. In the maintaining of these interceptors, the
owner(s) shall be responsible for the proper removal and disposal of the
captured materials by appropriate means, and shall maintain a record of dates
and means of disposal which are subject to review by the Superintendent. Any
removal and hauling of the collected materials not performed by the owner’s
personnel, must be performed by a currently licensed waste disposal firm.
Sec.
9 Where required by the City, the owner of any property serviced by a
building sewer carrying industrial wastes shall install a suitable
structure, or control manhole, with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling,
and measurement of wastes. Such structure shall be accessible and safely
located, and shall be constructed in accordance with plans approved by the City.
The structure shall be installed by the owner at his expense and shall be
maintained by the owner to be safe and accessible at all times.
Sec.
10 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 Ordinance and any special conditions
for discharge established by the City or regulatory agencies having jurisdiction
over the discharge. The number, type, and frequency of sampling and laboratory
analyses to be performed by the owner shall be as stipulated by the City. The
industry must supply a complete analysis of the constituents of the wastewater
discharge to assure that compliance with Federal, State and local standards are
being met. The owner shall report the results of measurements and laboratory
analyses to the City at such times and in such manner as prescribed by the City.
The owner shall bear the expense of all measurements, analyses, and reporting
required by the City. At such times as deemed necessary, the City reserves the
right to take measurements and samples for analysis by an independent
laboratory.
Sec.
11 All
measurements, tests, and analyses of the characteristics of
waters and wastes to which reference is made in this ordinance shall
be determined in accordance with the latest edition of Standard
Methods for the Examination of Water and Wastewater, published
by the American Public Health Association. Sampling methods, location, times,
duration and frequencies are to be determined on an individual basis subject to
approval by the Superintendent.
Sec.
12 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 ordinance. Where
necessary, facilities to prevent accidental discharges of prohibited materials
shall be provided and maintained at the owner’s expense. Detailed plans
showing facilities and operating procedures to provide this protection shall be
submitted to the Superintendent for review and approval prior to construction of
the facility. Review and approval of such plans and operating procedures shall
not relieve any user from the responsibility to modify the user’s facility as
necessary to meet the requirements of this ordinance. Users shall notify the
Superintendent immediately upon having a slug or accidental discharge of
substances of wastewater in violation of this ordinance to enable
countermeasures to be taken by the Superintendent to minimize damage to the
wastewater treatment works. Such notification will not relieve any user of any
liability for any expense, loss or damage to the wastewater treatment system or
treatment process, or for any fines imposed on the City on account thereof under
any State and Federal law. Employees shall insure that all employees who may
cause or discover such a discharge, are advised of the emergency notification
procedure.
Sec.
13 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 90 days after receipt of written notice from the City,
the owner shall install a suitable and sufficient catch basin or waste trap, or
if one already exists, shall clean out, repair or alter the same, and perform
such other work as the Superintendent may deem necessary. Upon the owner’s
refusal or neglect to install a catch basin or waste trap or to clean out,
repair, or alter the same after the period of 120 days, the Superintendent may
cause such work to be completed at the expense of the owner or representative
thereof.
Sec.
14 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 such work to be done as the
Superintendent may direct. Each day after seven (7) days that a person neglects
or fails to so act shall constitute a separate violation of this section, and
the Superintendent may then cause the work to be done, and recover from such
owner or agent the expense thereof by an action in the name of the City.
Sec.
15 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.
Sec.
16 In addition to any penalties that may
be imposed for violation of any provision of this chapter, the City may assess
against any person the cost of repairing or restoring sewers or associated
facilities damaged as a result of the discharge of prohibited wastes by such
person, and may collect such assessment as an additional charge for the use of
the public sewer system or in any other manner deemed appropriate by the City.
Sec.
17 No
statement contained in this Article shall be construed as preventing any special
agreement or arrangement between the City and any industrial concern whereby an
industrial waste of unusual strength or character may be accepted by the City
for treatment, subject to payment therefore by the industrial concern, providing
that National Categorical Pretreatment Standards and the City’s NPDES and/or
State Disposal System Permit limitations are not violated.
ARTICLE
VII
Sec.
1 No person(s) shall maliciously, willfully, or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance, or
equipment which is part of the wastewater facilities. Any person violating this
provision shall be subject to immediate arrest under the charge of a
misdemeanor.
ARTICLE
VIII
User Rate Schedule for
Charges
Sec.
1 Each user of sewer service shall pay the charge(s) applicable to the
type of service, and in accordance with the provisions set forth in
Ordinance No. ______.
ARTICLE IX
Powers and Authority of
Inspectors
Sec.
1 The superintendent or other duly authorized employees of the City,
bearing proper credentials and identification, shall be permitted to
enter all properties for the purpose of inspection, observations, measurement,
sampling, and testing pertinent to the discharges to the City’s sewer system
in accordance with the provisions of this ordinance.
Sec.
2
The superintendent or other duly authorized employees are authorized
to obtain information concerning industrial processes which have a
direct bearing on the type and source of discharge to the wastewater
collection system. An industry may withhold information considered confidential
however, the industry must establish that the revelation to the public of the
information in question, might result in an advantage to competitors.
Sec.
3 While performing necessary work on private properties, the
superintendent or duly authorized employees of the City shall
observe all safety rules applicable to the premises established by the
company, and the company shall be held harmless for injury or death to the City
employees and the City shall indemnify the company
against loss or damage to its property by City employees and against
liability claims and demands for personal injury or property damage
asserted against the company and growing out of the gauging and
sampling operation, except as such may be caused by negligence or failure
of the company to maintain safe conditions as required in
Article VI, Section 9 of this ordinance.
Sec.
4 The superintendent or other duly authorized employees of the City
bearing proper credentials and identification shall be permitted to
enter all private properties through which the City holds a duly
negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance
of any portion of the wastewater facilities lying within said easement. All
entry and subsequent work, if any, on said easement, shall be done in full
accordance with the terms of the duly negotiated easement pertaining to the
private property involved.
ARTICLE
X
Penalties
Sec.
1 Any
person found to be violating any provision of this ordinance,
shall be served by the City with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory correction
thereof. The offender shall, within the period of time stated in such notice,
permanently cease all violations.
Sec.
2 Any
person who shall continue any violation beyond the time limit
provided for in Section 1 of this Article, shall be guilty of a
misdemeanor, and on conviction thereof, shall be fined in the amount not
exceeding $50 for each violation. Each day in which any such violation occurs
shall be deemed as a separate offense.
Sec.
3 Any person violating any of the provisions of this ordinance shall
become liable to the City for any expense, loss, or damage
occasioned by the City by reason of such violation.
ARTICLE XI
Validity
Sec.1
This ordinance shall be in full
force and take effect from and after its
passage and approval and publication as provided by law.
Sec.
2 All
other ordinances and parts of other ordinances inconsistent or
in conflict with any part of this ordinance, are hereby repealed to
the extent of such inconsistency or conflict.
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