CHAPTER 55: SEWER; CONNECTIONS AND PERMITS
Section
55.01 Definitions
55.02 Use of public sewers
55.03 Building sewers and connections
55.04 Private sewage disposal
55.05 Sewer service charge established
55.06 Payment of charge
55.07 Obligation for charge
55.08 Application of proceeds
55.09 Powers and authority of inspectors
§ 55.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in parts per million.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
COMMERCIAL WASTES. The liquid waste from laundries, dry cleaning establishments, oil stations, car-wash stations and other business and manufacturing plants producing sewage which is normally less than 400 parts per million of five-day biochemical oxygen demand.
DOMESTIC WASTES. The liquid waste from water closets, lavatories, sinks, bath tubs, showers, household laundries and cellar floor drains.
INDUSTRIAL WASTES. The liquid waste from industrial manufacturing, processing, trade and other places of business which produce sewage normally stronger than 400 parts per million of five-day biochemical oxygen demand after pretreatment, or waste with characteristics not conducive to biological treatment.
PERSON. Any individual, firm, company, association, society, corporation or group.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWAGE. A combination of the water-carrying wastes from residences, business buildings, institutions and industrial establishments, together with the ground, surface and storm waters as may be present.
SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
STORM SEWER. A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
(1) COMMERCIAL CUSTOMER. The commercial customer classification would include all non-residential business facilities in which the primary purpose is to provide retail or customer services to the public. These businesses would include but not be limited to medical facilities, medical clinics, retail establishments, banking facilities and professional services.
(2) INDUSTRIAL CUSTOMER. The industrial customer classification shall include all non-residential business facilities in which the primary purpose is to manufacture, process or produce products for subsequent resale. These businesses would include but not be limited to metal fabrication, food processing, meat processing, electronic manufacturing and chemical processing. The customer in this class would use an average of less than 1,000,000 gallons of water per month.
(3) LARGE INDUSTRIAL CUSTOMER. The large industrial customer classification shall include all nonresidential business facilities in which the primary purpose is to manufacture, process or produce products for subsequent resale. These businesses would include but not be limited to metal fabrication, food processing, meat processing, electronic manufacturing and chemical processing. The large industrial customer would use an average of 1,000,000 gallons of water or more per month and discharge wastewater having a strength of 400 parts per million of five-day biochemical oxygen demand.
(4) RESIDENTIAL CUSTOMER. The residential customer classification shall include single-family, two-family or other multi-family living units where each individual family living unit has a separate water meter and which residential unit has a primary purpose of providing a residence for the customer. This does not include a motel, hotel or apartment complex having only one water meter.
(5) RESIDENTIAL CUSTOMER; MULTI-LIVING UNIT WITH ONLY ONE METER. The multi-living unit with only one meter would include apartment complexes or other residential units housing two or more separate living units for families with only one meter for the housing complex.
SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
WATER AND WASTEWATER DIRECTOR (W.W. DIRECTOR). The W.W. DIRECTOR or his or her authorized deputy, agent or representative.
(Ord. 3.3002, passed 11-26-1973)
§ 55.02 USE OF PUBLIC SEWERS.
(A) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or primal excrement, garbage or other objectionable waste.
(B) Except as hereinafter provided, 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 sewage within the City of Madelia, Minnesota.
(C) The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect the facility, directly with the proper public sewer in accordance with the provisions of this chapter.
(D) No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process water into the sanitary sewer.
(E) Storm water and all other unpolluted drainage shall be discharged to the sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the W.W. Director. Industrial cooling water or unpolluted process waters may be discharged on approval of the W.W. Director, to a storm sewer, combined sewer or natural outlet.
(F) No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:
(1) Any gasoline, benzene, naphta, fuel oil or other flammable cr explosive liquid, solid or gas;
(2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess 0.025 milligrams per liter as cyanide in the wastes as discharged to the public sewer; or
(3) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
(G) No person shall discharge or cause to be discharged any substances, material, water or waste if it appears likely in the opinion of the W.W. Director that the wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance.
(H) (1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers which waters contain the substances or possess the characteristics enumerated in division (G) above, and which in the judgment of the W.W. Director may hay a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the W.W. Director may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require control over the quantities and rates of discharge; and/or
(d) Require payment to cover the added cost of handling and treating the wastes in addition to existing taxes or sewer charges under the provisions of this chapter.
(2) If the W.W. Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the view and approval of the W.W. Director, and subject to the requirements of all applicable codes, ordinances and laws.
(I) Grease, oil and sand interceptors shall be provided when, in the opinion of the W.W. Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients.
(J) When required by the W.W. Director the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with the necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. The manhole, when required, shall be accessibly and safely located. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.
(K) No statement contained in this chapter 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.
(Ord. 3.3002, passed 11-26-1973) Penalty, see § 10.99
§ 55.03 BUILDING SEWERS AND CONNECTIONS.
(A) Every person, firm or corporation before connecting any fixture or pipe to any public sewer shall first make application to the W.W. Director for permit to do so. All applications for a permit to connect with the public sewer shall be in writing and signed by the owner of the property to be connected or his or her authorized agent. Each application shall describe the property, give the name of the owner and state whether or not the property has paid a sewer assessment. If the property has been assessed for a sewer adjacent to the property a permit to connect, if the application in all other respects complies with this chapter, shall be granted without charge. If the property for which the connection is applied for has not paid an assessment the applicant shall pay to the City Administrator with the application a sum of money as set by resolution per lineal foot for each and every foot on the shortest side of the lots or parcels of land fronting on the sewer with which the connection is to be made, to cover the charge of the city for making the connection. No permit shall hereafter be granted to connect property located outside the city limits of the City of Madelia with the public sewer system of the City of Madelia.
(B) All costs and expense incident 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 directly or indirectly be occasioned by the installation of the building sewer.
(C) 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, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(D) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the W.W. Director to meet all requirements of this chapter.
(E) No person shall make connection of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(F) The connection of the building sewer into the public sewer shell conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city.
(G) 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 restore in a manner satisfactory to the city.
(Ord. 3.3002, passed 11-26-1973)
§ 55.04 PRIVATE SEWAGE DISPOSAL.
(A) Where a public sanitary or combined sewer is not available under the provision of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(B) Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the W.W. Director. The application for such a 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 by the W.W. Director.
(C) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in this chapter, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(D) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. 3.3002, passed 11-26-1973)
§ 55.05 SEWER SERVICE CHARGE ESTABLISHED.
(A) For a residential customer including single-family and multi-family units with each unit having a separate water meter, and having a connection with the sanitary sewer system of the city or otherwise discharging sanitary sewer either directly or indirectly into the sewer system, the charge shall change by ordinance or resolution from time to time. These rates shall be updated annually, and shall be available for review at the Water and Wastewater Department, and also in City Hall.
(B) Rates per month per 1,000 gallons used per month by multi-living units having connection with the sanitary sewer system of the city otherwise discharging sanitary sewer either directly or indirectly into the sewer system connected to the same water meter shall change by ordinance or resolution from time to time. These rates shall be updated annually, and shall be available for review at the Water and Wastewater Department, and also in City Hall.
(C) Rates per month per 1,000 gallons used by commercial customers having connection with the sanitary sewer system of the city or otherwise discharging sanitary sewer either directly or indirectly into the sewer system, the charge shall change by ordinance or resolution from time to time. These rates shall be updated annually, and shall be available for review at the Water and Wastewater Department, and also in City Hall.
(D) Rates per month per 1,000 gallons used by industrial customers having connection with the sanitary sewer system of the city or otherwise discharging sanitary sewer either directly or indirectly into the sewer system shall change by ordinance or resolution from time to time. These rates shall be updated annually, and shall be available for review at the Water and Wastewater Department, and also in City Hall.
(E) As per the large waste water industrial agreement rates established shall change by ordinance or resolution from time to time. These rates shall be updated annually, and shall be available for review at the Water and Wastewater Department, and also in City Hall.
(F) In the event any lot, parcel of land, building or premises discharging sanitary sewage, industrial waste, water or other liquids into the sanitary sewer system of the city and the water used thereon or therein is not measured by a city meter or by a meter approved by the Utilities Manager, then in each case the sanitary sewer charge shall be fixed and determined by the City Council in such manner and by such method as the City Council may find just, equitable, and practicable in the light of conditions and circumstances of the case.
(Ord. 3.3002, passed 11-26-1973; Ord. 3.3021, passed 11-14-2005; Ord. 3.3022, passed 1-22-2007; Ord. 3.3022, passed 1-26-2009)
§ 55.06 PAYMENT OF CHARGE.
(A) All bills for sewer charges shall be paid to the City of Madelia on or before the eighteenth day of the month following the issuance of the bill by the City of Madelia. To any sewer charge not paid in full on or before the eighteenth day of the month following the issuance of the bill by the City of Madelia shall be added a penalty of 10% of the current portion of the bill. Failure to pay the bill including penalty shall expose the consumer to all sanctions set forth in this chapter.
(B) Each charge levied by and pursuant to this chapter is hereby made a lien upon the corresponding lot, land or premises served by a connection to the sewer system of the city and all the charges which are on September 30 of each year more than 30 days past due, and having been properly billed to the occupant of the premises served, shall be certified by the City Administrator to the County Auditor between October 1 and 10 of each year and the City Administrator in certifying the charges to the County Auditor shall specify the amount thereof; the description of the premises served, and the name of the owner thereof, and the amount certified shall be extended by the auditor on the tax rolls against the premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City Treasurer, along with other taxes.
(Ord. 3.3002, passed 11-26-1973; Ord. 3.3004, passed 6-9-1980)
§ 55.07 OBLIGATION FOR CHARGE.
Any charges levied by and pursuant to this chapter, and which has been properly billed to the occupant of any premises served, and not paid, may be recovered in a civil action by the city in any court of competent jurisdiction.
(Ord. 3.3002, passed 11-26-1973)
§ 55.08 APPLICATION OF PROCEEDS.
The funds received from the collection of the charges or rentals authorized by this chapter shall be deposited as collected in a fund to be known as the general sewer and/or water fund and shall be disbursed as follows:
(A) To meet the cost of operating and maintaining the sewer system of the City of Madelia, and a sewage disposal plant and facilities;
(B) To meet the cost of a sewage disposal plant and the facilities concerned therewith;
(C) To meet payments of capital charges represented by bonds, certificates of indebtedness or otherwise; and
(D) To the payment of reasonable requirements for replacements and obsolescence.
(Ord. 3.3002, passed 11-26-1973)
§ 55.09 POWERS AND AUTHORITY OF INSPECTORS.
The W.W. Director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The W.W. Director or his or her representatives shall have no authority to inquire into any processes beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities of waste treatment.
(Ord. 3.3002, passed 11-26-1973)
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