Section V - Wastewater
SECTION V
WASTEWATER
5.01 Definitions
5.02 Control by the Authorized Representative
5.03 Use of Public Sewers Required
5.04 Private Wastewater Disposal
5.05 Building Sewers and Connections Design
5.06 Use of Public Wastewater Treatment Facilities
5.07 Vandalism
5.08 Powers and Authority of Inspectors
5.09 Sewer Service Charge System
5.10 Determination of Sewer Service Charges (Metered) 5.11 Penalties
5.12 Validity
5.01 DEFINITIONS
Unless the context specifically indicates otherwise, the terms used in this section shall have the meanings hereby designated:
Act. The Federal Water Pollution Control Act, also referred to as the Clean Water Act, as amended, 33 U.S.c. 1251 et seq.
BODS or Biochemical Oxygen Demand. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 degrees centigrade and as expressed in terms of milligrams per liter (mgll).
Building Drain. That point of a building which conveys wastewater to the building sewer, beginning 3 feet outside the building wall.
City. The area within the corporate boundaries of the City of Barrett, the City Council, its authorized representatives or the authorized representative of the sanitary sewer district.
Debt Service Charge. A charge to users of the wastewater treatment facility for the purpose of repaying capital costs.
Industrial User.
a) Any entity as defined in the Standard Industrial Classification Manual (latest edition) as categorized, that discharge wastewater to the public sewer.
Division A: Agriculture, Forestry and Fishing
Division B: Mining
Division C: Manufacturing
Division E: Transportation, Communications, Electric, Gas and Sanitary Sewers
Division I: Services
b) -Any user whose discharge, singly or by interaction with other wastes:
-Contaminate the sludge of the wastewater treatment system, injury or interfere with the treatment process.
-Create a public nuisance or hazard.
-Have an adverse effect on the waters receiving wastewater treatment plant discharges.
-Exceed NDSW limitations.
-Exceed normal residential unit volumes of wastewater.
-Exceed levels or types of discharge as allowed by MPCA or other sections of this ordinance.
Infiltration / Inflow (1/1). Water other than wastewater that enters the sewer system from the ground or from surface runoff, as defined in Minnesota Rules.
MPCA. Minnesota Pollution Control Agency.
National Categorical Pretreatment Standards. Federal regulations establishing pretreatment standards for introduction of pollutants in publicly owned wastewater treatment facilities. Section 307(b) of the act.
National Pollutant Discharge Elimination System (NPDES) Permit. A permit issued by the MPCA, setting limits on pollutants that a permittee may legally discharge pursuant to Sections 402 and 403 of the act.
Natural Outlet. Any outlet, including storm sewers and combined sewers, which flows into a body of surface water or ground water.
Normal Domestic Strength Waste (NDSW). Wastewater that is primarily introduced by residential users with BODS concentrations not greater than 250 mgll and total suspended solids (TSS) concentrations not greater than 230 mg/l.
Non-Residential User. A user ofthe treatment facility whose building is not used as a private residence and discharges NDSW.
Operation, Maintenance and Replacement Costs (OM&R). Expenditures necessary to provide for the dependable, economical and efficient functioning of the treatment facility throughout its design life, including operator training and permit fees. Replacement refers to equipment replacement costs, not the cost of future replacement of the entire facility.
Residential User. A user of the treatment facility whose building is used primarily as a private residence and discharges NDSW.
Sewer:- A pipe or conduit that carries wastewater or drainage water.
a) Building Sewer. The extension from the building drain to the public
sewer or other place of disposal, also referred to as a service connection.
b) Sanitary Sewer. A sewer designed to carry only liquid and water carried
wastes from residential, non-residential and industrial sources together with minor quantities of VI.
c) Storm Sewer. A sewer intended to carry unpolluted surface and
sub-surface water from any source.
Sewer Service Charge. The total of the user charge and the debt service charge.
Slug. A discharge of water or wastewater which in concentration or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than 5 times the average 24-hour concentration of flows during normal operation.
State Disposal System (SDS) Permit. A permit issued by the MPCA pursuant to Minn. Stat. 115.07 for a disposal system as defined by Minn. Stat. 115.01, Subd. 8.
Total Suspended Solids (TSS). The total suspended matter that either floats on the surface of, or is in suspension in water, waste3water or other liquids, and is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" (latest edition).
Unpolluted Water. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards. An example could be non-contact cooling water.
User Charge. A charge to users of a treatment facility for the user's proportionate share of the cost of operation and maintenance, including replacement.
Wastewater. Liquid and water carried wastes from residential, non-residential and industrial users, together with any ground water, surface water and storm water that may be present.
Wastewater Treatment Facilities or Treatment Facilities. The land, devices, facilities, structures, equipment and processes owned or used by the City for the purpose of the transmission, storage, treatment, recycling and reclamation of municipal wastewater, and the disposal of residues resulting from such treatment.
5.02 CONTROL BY THE AUTHORIZED REPRESENTATIVE
The community's governing council shall appoint an authorized representative who shall have control and general supervision of all public sewers and service connections in the community or sewer district, and shall be responsible for administering the provisions of this ordinance to ensure that a proper and efficient public sewer is maintained. The authorized representative may delegate responsibilities to designated representatives.
5.03 USE OF PUBLIC SEWERS REQUIRED
Within 90 days of receiving official notification the owners of all properties within 250 feet of a sanitary sewer collection system shall install a suitable service connection, at their own expenses in accordance with the provisions of this ordinance. This requirement may be waived by 2/3 vote of the City Council.
In the event an ovmers shall fail to connect to a public sewer in compliance with a notice given under this ordinance. the community or sewer district will have said connection made and shall assess the cost against the benefited property.
Except as provided hereinafter, it shall be unlawful to construct or maintain any private facility intended or used for the disposal of wastewater.
5.04 PRIVATE WASTEWATER DISPOSAL
1) Where a public sewer is not available under the provisions of Section 5.02, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
2) Before construction of a private wastewater disposal system, the owner (s) shall obtain a written permit signed by the authorized representative. The permit shall not become effective until the installation is completed to the representative's satisfaction. A designated representative shall be allowed to inspect any stage of construction. The applicant for the permit shall give notification when ready for the system's final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice.
3) The type, capacities, location and layout of a private wastewater disposal system shall comply with all requirements of Minnesota Rules Chapter 7080, and applicable local ordinances.
4) The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times at no expense to the community or sewer district.
5) When the 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 daY3 in compliance with this ordinance. The bottom shall be broken to permit drainage and the tank or pit filled with suitable material.
6) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the MPCA, the State Department of Health or other responsible federal, state or local agencies.
5.05 BUILDING SKWERS AND CONNECTIONS DESIGN
1) No person(s) shall make any alterations to the public sewer or any appurtenances thereof without first obtaining a written permit from the City. No private building drain shall extend beyond the limits of the building or property for which the permit has been given.
2) A separate and independent building sewer shall be provided for each building. Old building sewers may be used to service new buildings only when they are found to meet all requirements of this ordinance.
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, wastewater shall be lifted by an approved means and discharged to the building sewer.
3) The construction and connection of the building sewer to the public sewer shall conform to the requirements of the State of Minnesota Building and Plumbing Code, applicable rules and regulations of the City and the materials and procedural specifications set forth in the American Society of Testing Materials (ASTM) and the Water Pollution Control Federation (WPFC) Manual of Practice No.9. All such connections shall be made gas and water tight and verified by proper testing to prevent I/I.
4) No unpolluted water sources shall be connected to the sanitary sewer.
5) The applicant for the building sewer permit shall notify the community or sewer district when the building sewer is ready for connection to the public sewer. The connection shall be made under the supervision of a designated representative.
6) An appropriate construction license is required to install a service connection. Any person desiring a license shall apply in writing to the community's or district's governing counsel, providing satisfactory evidence of the applicant's qualifications. If approved by the Council, the license shall be issued by a designated representative upon the filing of a bond as hereinafter provided.
7) A license for sewer service connection installation shall not be issued until a $1,000.00 bond to the community is filed and approved by the Council. The licensee will indemnify the community or sewer district 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. Bond may be waived by majority vote of the City Council.
8) The cost ofa license for making service connections if $10.00. All licenses shall expire on Decem ber 31 st of the license year unless the license is suspended or revoked by the Council for any reasonable cause.
9) The Council may suspend or revoke any license issued under this section 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 section or any rule or regulation pertaining to the making of service connections.
d) Failure to adequately protect and indemnify the city and the user.
5.06 USE OF PUBLIC WASTEWATER TREATMENT FACILITIES
1. No person(s) shall discharge any of the following substances to the public
sewer:
a) Liquids, solids, gases or other substances which singly or by interaction with others may cause fire or explosion.
b) Solid or viscous substances which may cause obstruction to the flow in a
sewer.
c) Wastewater having a pH ofless than 5.0 or greater than 9.5 or having any other corrosive or caustic property capable of causing damage or hazard.
d) Wastewater containing toxic pollutants, as defined in Section 307(a) of the Water Pollution Control Act and Minn. Stat. 115.01 Subd. 14.
e) Any other substance or substances, which singly or as combined with other substances or which due to amounts being discharged, cause harm to or create inefficiencies within the wastewater treatment system.
2. Discharges of the following substances shall be limited to concentrations or quantities which will not harm the wastewater facility, streams, soils, vegetation, ground water, and will not otherwise create a hazard or nuisance. The authorized representative may set limitations lower than the prohibition limits outlined below. Consideration will be given to such factors as the quantity of waste in the community's relation to flows and velocities, materials of construction, the community's NPDES and SDS permits, capacity of the treatment plant, degree of treatability of wastes and other pertinent factors.
a) Wastewater having a temperature greater than 150 F (65.6 C), or causing, individually or in combination with other wastewater, the influent at the treatment facilities to have a temperature exceeding 104 F (40 C), or having heat in amounts which will be detrimental to biological activity in the treatment facilities.
b) Wastewater containing fats, wax, grease or oils in excess of 100 mg/1 or containing substances which may solidity or become viscous at temperatures between 32 F and 150 F (0 C and 65.6 C).
c) A discharge of water or wastewater which in concentration or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than 5 times the average 24 hour concentration of flows during normal operation.
d) Food wastes not properly shredded to such a degree that all particles will be carried freely under normal flow conditions with no particle greater than 1/2 inch in any dimension.
e) Noxious or malodorous liquids, gases or solids.
f) Wastewater with objectionable color not removed in the treatment process.
g) Wastewater containing inert suspended solids in such quantities that would cause disruption to the vvastewater treatment facilities.
h) Radioactive wastes or isotopes in concentrations that exceed limits established by applicable state and federal regulations.
i) Wastewaters with BOD5 or suspended solids levels that require additional treatment, except as may be permitted by specific written agreement with the city subject to Section 5.1 0 of this ordinance.
j) Wastewater containing substances which cannot be treated to produce effluent quality required by the permit or causes a violation of any applicable local, state or federal regulation.
k) Wastewater that is not in conformance with such contract or agreement as may be required by the city. Such a contract or agreement may be required or a user described in Section 1.06 of this ordinance.
3. In the event of discharges to the public sewers which contain substances or possess characteristics prohibited in paragraphs 2 and 3 of this section of which in the judgment of the representative, may have a deleterious effect to the treatment facility, receiving waters, soils, vegetation or which create a hazard or nuisance, the representative may:
a) Refuse to accept 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 addenda thereof.
c) Require control over the quantities and rates of discharge.
d) Require payment to cover all the added costs of handling, treating and disposing of wastes not covered by existing taxes or sewer charges.
If the representative permits the pretreatment or equalization of waste flows, the design, installation, maintenance and efficient operation of the facilities and equipment shall beat the owner's expense and shall be subject to review and approval by the City pursuant to the requirements of the MPCA.
4. 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 this section, the National Categorical Pretreatment Standards and any state or local requirement.
5. Grease, oil and sand interceptors shall be provided at the owner's expenses when, in the opinion of the Representative, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, any flammable wastes, sandy or other harmful ingredients. All interceptors shall be ready and easily accessible for cleaning and inspection. The owner shall be responsible for the maintenance of interceptors, including 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 representative.
Any material removal and hauling must be performed by the owner's personnel or a currently licensed waste disposal firm and in compliance with all applicable laws and regulations.
6. Where required by the representative, industrial users shall install and maintain at their own expense a suitable structure or control manhole with such necessary meters and other testing equipment needed to facilitate observation, sampling, and measurement of wastewater. The manhole will be safe and accessible at all times. The Council may require submission of laboratory analysis to illustrate compliance with this ordinance and any special conditions for discharge established by the Council or responsible regulatory agency. All measurements, tests and analysis 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 and kept for a period of 3 years.
7. Where required by the representative, users shall provide protection from an accidental discharge of 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 and operating procedures of said facilities shall be submitted to the representative for review and approval prior to construction of the facility. Approval of such plans and operating procedures shall not relieve user from the responsibility of modifying the facility as necessary to meet the requirements of this ordinance.
Users shall notify the representative immediately if a slug or accidental discharge of wastewater occurs in violation of this ordinance. Notification will allow measures to be taken to minimize damage to the treatment facilities. Notification will not relieve users of liability for any expense, loss or damage to the treatment facilities, or for fines imposed on the community or sewer district by any state or federal agency as a result of their actions.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of the emergency notification procedure in the event of a slug or accidental discharge.
8. No personal shall permit any substance or matter which may form a deposit or obstruction of flow to be discharged into the public sewer. Whenever any service connection becomes clogged, obstructed, detrimental to the use of the public service connection becomes clogged, obstructed, detrimental to the use of the public sewer, or unfit for the purpose of drainage, the owner shall make repairs as directed by the representative.
Each day after 10 days that the owner neglects to make said repairs, shall constitute a separate violation ofthis section. The representative may then cause the work to be done and recover related expenses from the owner or agent by an action in the name of the community or sewer district.
9. In addition to penalties that may be imposed for violation of any provision of this section, the City may assess against the user/owner the cost of repairing or restoring sewers and associated facilities damaged as a result of the discharge of prohibited wastes and may collect the assessment as an additional charge for the use of the public sewer system.
10. No statement contained in this action shall prevent any special agreement or arrangement between the community or sewer district of and any industrial user. Industrial waste of unusual strength or character may be accepted by the facility for treatment, subject to adequate payment by the industrial user, providing that National Categorical Pretreatment Standards and the City's NPDES and SDS permit limitations are not violation.
5.07 VANDALISM
No person(s) shall willfully or negligently break damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater treatment facilities. Any person violating this provision shall be subject to immediate arrest under the charge of a misdemeanor.
5.08 POwERS AND AUTHORITY OF INSPECTORS
Duly authorized employee(s) of the community or sewer district, bearing proper credentials and identification, shall be permitted to enter all properties for inspection, observations, measurements, samplings, testing, repair and maintenance in accordance with the provisions of this ordinance.
Industrial users shall be required to provide information concerning industrial processes which have a direct bearing on the type and source of discharge to the collection system. An industry may withhold information considered confidential. However, the industry must establish that the information in question might result in an advantage to competitors and that the industrial process does not have deleterious results on the treatment process.
5.09 SEWER SERVICE CHARGE SYSTEM
1. The City of Barrett hereby establishes a Sewer Service Charge System. All revenue collected from users of the wastewater treatment facilities will be used for annual operation, maintenance, replacement and capital costs.
Charges to users of the wastewater treatment facility shall be determined and fixed in a Sewer Service Charge System (SSCS) developed according to the provisions of this ordinance. Rates and charges shall be fixed by resolution with written notification to all users or subscribers. Subsequent changes in the sewer service rates and charges shall be adopted by Council resolution and written notification given to subscribers.
Revenues collected through the SSCS shall be deposited in a separate fund known as the Sewer Service Fund (SSF).
2. The City of Barrett hereby authorizes a Sewer Service Fund, (SSF), as an income fund to receive all revenues generated by the SSCS and all other income dedicated to the wastewater treatment facility.
The SSF administered by a designed representative shall be separate and apart from all other accounts.
3. Administration of the Sewer Service Fund:
A designated representative shall maintain a proper system of accounts and records suitable for determining the operation, maintenance, replacement (OM&R) and debt retirement costs of the treatment facilities, and shall furnish the Council with a report of such costs annually.
At that time the Council shall determine whether sufficient revenue is being generated for the effective management of the facilities and debt retirement. The Council will also determine whether the user charges are distributed proportionately. If necessary, the SSDS shall be revised to insure proportionality of user charges and sufficient funds.
Sewer Service Charges shall be billed on a quarterly basis. Any bill not paid in full 15 days after the due date will be considered delinquent. At that time the user will be notified regarding the delinquent bill and subsequent penalty. The penalty shall be computed as 5% of the original bill and shall be increased by the same percent for every quarter the bill is outstanding.
5.10 DETERMINATION OF SEWER SERVICE CHARGES (METERED)
1. Users of the wastewater treatment facility shall be placed into one of the
following classes:
1. Residential
2. Non-residential
3. Industrial.
These classifications shall be determined as defined in No.1, Section 6; Section 13 and Section 15. Charges to users who discharge normal domestic strength waste shall be calculated on the basis of metered water use. Non-residential users who discharge only normal domestic strength waste shall be charged on the basis of metered water use.
Industrial users may be charged on the basis of metered water use, however, the sewer service charges established in this ordinance will not prevent the assessment of additional charges to users who discharge wastes in concentrations greater than NDSW or of unusual character (industrial users). Special contractual agreements may be required of such users.
5.11 PENALTIES
1. Upon determination that a user has violated or is violating applicable
provisions ohhis ordinance or related permits, the authorized representative may issue a notice of violation. Within 10 days of such notification, the violator shall submit to the authorized representative an adequate explanatIOn for the violation and a plan for the correction and prevention of such occurrences, including specific actions required. Submission of such a plan in no way relieves the violator of liability for any violations occurring before or after the issuance of the notice of violation.
2. Any violation is subject to a fine not exceeding $700.00. This civil penalty shall be in addition to criminal penalties under Section 5.11. Each day in which any such violation occurs shall be deemed as a separate offense. Such fines may be added to the user's next sewer service charge, and will hence be subject to the same collection regulations as specified in 5.09(3) ofthis ordinance. Users desiring to dispute a fine must file a request for the authorized representative to reconsider within 10 days of the issuance of the fine. If the authorized representative believes that the request has merit, a hearing on the matter shall be convened within 10 days of the receipt of the request.
3. To collect delinquent se\ver service charge accounts, the community or
sewer district may file a civil action suit or levy a lien against the violator. Related attorneys fees fixed by court order shall also be collected. The violator shall be liable for interest on all balances at a rate of 18% annually.
4. 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 community or sewer district by reason of such violation.
5. Violation of this ordinance is a misdemeanor punishable by a fine of $1,000.00 and 90 days in jail.
5.12 VALIDITY
1. This ordinance shall be in full force and take effect from and after its passage and approval and publication as provided by law.
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.