HomeMy WebLinkAbout2011-015 STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO. 2011-015
AN ORDINANCE REGARDING WATER, SEWER, SURFACE WATER UTILITIES,
AND ILLICIT DISCHARGE AND CONNECTIONS REGULATIONS
The Arden Hills City Council hereby amends Chapter 10 and its subdivision in the Arden
Hills City Code to read as follows:
Chapter 10 Utilities*
Section 1000 -Water*
1000.01 General Operation and Administration.
Subd. 1 Public Utility. The City water system, hereinafter called "the water system," shall be
operated as a public utility and convenience from which revenue will be derived, subject to the
provisions of this section.
Subd. 2 General Administration. The general administration of the water system shall be under
the direction and control of the City Administrator, who shall report to the Council upon request
of the Council. The City Administrator is hereinafter referred to as the Administrator. He or she
shall be authorized to appoint representatives, either salaried or nonsalaried, to discharge the
duties provided by this section and such other responsibilities as may arise in administration of
the water system. The City Administrator shall be promptly and fully advised as to the
appointment of the representatives.
Subd. 3 Records. The City Administrator shall be responsible for the keeping of records relating
to the water system, including records of permits and finances in connection therewith.
Subd. 4 Engineer. The City Engineer shall perform the duties provided for him or her in this
section and shall provide additional consultation and advice as the City Administrator shall
request from time to time.
Subd. 5 Private Wells. References in this section to the water system shall not be deemed to apply to
privately-owned wells unless the language used specifically requires such application.
*State law references-Utilities,M.S. §§412.321 et seq.; municipally owned utilities,M.S.
Ch.452;waterworks,sewers, drains,storm sewers,M.S. Ch.444
.*State law references-Waterworks,M.S. Ch.444,authority to provide for waterworks,
M.S. §412.221 (11); sewer and water connections,M.S.§412.221 (31)
1000.02 Use of Water Restricted to Authorized Persons. No person shall make, construct or install any
water service installation or make use of any water service which is connected to the water system except
in the manner provided in this section.
1000.03 Wilful Damage to Water System. No person shall remove, alter, damage or trespass upon any
structure, appurtenance or property of the water system, or cause water to be consumed, diverted,
restricted, wasted or contaminated in any manner unless permitted pursuant to written authorization or a
permit from the City.
1000.04 Discontinuance of Service for Violations.
Subd. 1 General. Subject to the provisions of this subsection, water service may be shut off at
any stop box connection whenever:
A. The owner or occupant of the premises served, or any other person working on
any pipes or equipment thereon connected with the water system, has violated or
threatens to violate any of the provisions of this section.
B. Any charge for water, service meter, or any other financial obligations imposed
on the present or former owner or occupant of premises served by the connection
are unpaid.
C. Fraud or misrepresentation by the owner or occupant of the premises served in
connection with the application for service.
D. The property is unsecured and/or vacant.
Subd. 2 Notice.
A. Water shall not be shut off under Subd. 1 above until notice and an opportunity
for a hearing shall have first been given to the owner and/or occupant (the
"customer") of the premises involved. The notice shall be personally served in
the same manner as summonses in civil actions and shall state that if payment,
proof of payment or proof of no violation of Subd. I above have not been made
before a date specified in the notice, but not less than thirty (30) days after the
date on which the notice has been given,the water supply to the premises shall be
shut off.
B. The notice shall clearly inform the customer of the available opportunities to
present to the City his or her objections to the bill or the violation claimed in the
notice and shall identify the telephone number, address and officer or employee
of the City who will receive the customer's payment and/or review the customer's
facts and files and has authority to decide whether payment has in fact been made
or a violation has not occurred, to correct any errors in billing and to arrange for
credit terms. The notice shall also state that the customer may, before the date,
demand in writing (which shall contain the customer's return address) a hearing
on the matter.
C. If the property is unsecured and/or vacant, then Subd. 2 A and B above shall not
apply and the City may shut off the water to protect the safety of the premise or
property. A good faith effort will be made by the City to notify the owner prior
to the water being shut off.
Subd. 3 Restriction on Shut-off. If, by the date specified in the notice, the City has received the
customer's demand for a hearing,then the City shall not shut off the customer's water supply until
after the hearing has been held, and the panel required by this subsection has determined that the
water supply should be discontinued. If the customer has paid to the City his or her
delinquencies, plus the cost of serving the aforesaid notice upon him or her, or has furnished the
City with proof of the payment satisfactory to the officer specified in the notice, or has cured any
nonmonetary violations to the satisfaction of the officer by the date specified in the notice, then
the City shall not shut off the customer's water supply.
Subd. 4 Hearing.
A. If the customer demands a hearing in writing, the demand must be received by
the City before the date specified in the notice provided in Subd. 2 and must
specify the customer's return address or post office address for purposes of the
notice of hearing. The City Administrator shall bring it to the City Council. The
notice of hearing shall specify the date, time and place of the hearing and the
purpose thereof. It shall be sent by certified or registered mail, return receipt
requested. The date it is deposited in the U.S. mail system is the date that it shall
be deemed to have been given.
B. If, as a result of the hearing, the City Council finds that the amount claimed to be
owed is actually due or that the customer has committed one (1) of the
nonmonetary violations described in Subd. I above, and that there is no legal
reason why the water supply of the delinquent customer may not be shut off in
accordance with this section, then the City shall be authorized to shut off the
supply. Where the violation is a nonmonetary one, the panel shall specify the
cure for the violation, if any, and give the customer a reasonable opportunity to
effect the cure before authorizing the City to disconnect the water supply.
Subd. 5 Cold Weather Rule. Where a customer's water service is essential to his or her primary
heating service, water shall not be shut off between October 15 of any year and the following
April 15 except in accordance with the Minnesota Cold Weather Rule found in M.S. § 216B.097,
as amended from time to time.
Subd. 6 Restoration of Service. When water service to any premises has been discontinued,
service shall not be restored except upon payment of all delinquent amounts due, or correction of
the nonmonetary violation of Subd. 1 hereof to the satisfaction of the City Administrator,plus the
costs for serving the notices required herein above and plus a fee for disconnection and
reconnection in the amounts as are from time to time established by resolution of the Council.
1000.05 Deficiency and Temporary Shut-off Water. The City shall not be liable for any deficiency or
failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose
of making repairs or connections, or from any other cause whatever. In case of fire, or alarm of fire, or in
making repairs or construction of new works, water may be shut off at any time and kept shut off as long
as necessary.
1000.06 Supply from One Service. No more than one housing unit or building shall be supplied from
one service connection except by special permission of the City Administrator. Whenever two (2) or
more housing units or buildings are supplied from one pipe connecting to a distribution main each
building or part of building shall have a separate stop box and a separate meter.
1000.07 Tapping of Mains Prohibited. No person except those duly authorized by the City shall tap any
distributing main or pipe of the water supply system, or insert stop-cocks or ferrules in any such pipe.
1000.08 Repair of Leaks. It shall be the responsibility of the consumer or owner to maintain the service
pipe from the curb box into the house or building. In case of failure upon the part of any consumer or
owner to repair any leak occurring in his or her pipe within twenty-four(24) hours after verbal or written
notice thereof, the water shall be shut off and shall not be turned on until the sum listed in the fee
schedule appendix to this code has been paid and the leak repaired. When the waste of water is great, or
when damage is likely to result from the leak,the water may be turned off immediately pending repairs.
1000.09 Abandoned Services.
Subd. 1 Disconnection. All service installations that have been abandoned or have not been used
for three (3) years shall be disconnected at the main by the City. All pipe and appurtenances
removed from such connections shall be the property of the City and any expense of the City in
connection with the disconnection shall be charged to the property.
Subd. 2 New Buildings. When new buildings are erected on the site of abandoned services, and
it is desired to increase or change the old water service, no connections with the mains shall be
made until all the old service shall have been removed and the main connection plugged by the
property owner. City inspection of the plug will be required. The City Administrator shall have
the power, in his or her discretion, to permit continuance of the old service until the new service
is connected to the property, when immediate removal of the old service would constitute a
hardship
1000.10 Service Pipes. Every service pipe shall be laid in such manner as to allow not less than one foot
of extra length and in such manner as to prevent rupture by settlement or otherwise. The service pipe
shall be placed no less than seven (7) feet below the surface and in all cases so arranged as to prevent
rupture by freezing. Joints in service pipe or tubing shall be kept to a minimum,with no slice or coupling
allowed in service lines less than one hundred (100) feet in length on one-inch lines. Large diameter
service lines may be spliced as necessary according to available manufactured lengths.
1000.11 Use Confined to Premises. No person shall permit water from the water system to be used for
any purpose except upon his or her own premises unless written consent is obtained from the City
Administrator.
1000.12 Connections at or Beyond City Limits. Where water mains of the City or an adjacent
municipality are in any street or alley adjacent to or outside the corporate limits of the City, the City
Administrator may issue permits to the owners or occupants of properties at or beyond the City limits and
accessible to the water mains to make water service pipe connections with the mains and to be supplied
with water from the mains in accordance with the applicable provisions of this section and all pertinent
and applicable contract provisions.
1000.13 Restrictions and Limitations of Water Use. All water customers shall be subject to applicable
regulations of the City or other regulations to which the City is subject by contract relating to limitations
in the time and manner of using water or relating to the preservation, regulation and protection of the
water supply.
1000.14 Private Water Supplies. No water pipe of the water system shall be connected with any pump,
well, tank or piping that is connected with any other source of water supply unless the connection is
approved by the City Administrator in accordance with contract responsibilities of the City and any other
pertinent regulations.
1000.15 Private Wells. Private wells may be maintained and continued in use after connection is made to
the water system, provided there is no means of cross-connection between the private well and municipal
supply at any time. Hose bibbs or faucets equipped with hose threads that will enable the cross-con-
nection of the two (2) systems are prohibited on internal piping of the well supply system. The threads on
the drain or the bibb of the well volume or compression tank shall be removed or the drain bibb replaced
with a sink faucet without hose threads. Where both private and City systems are in use outside hose
bibbs shall not be installed on both systems.
1000.16 Use of Water for Air Conditioning. All air conditioning systems which are connected directly or
indirectly with the public water system shall be equipped with water conserving and water regulating
devices as approved by the City Administrator.
1000.17 Permits Required for Air Conditioning. Permits shall be required for the installation of all new
air conditioning systems connected directly or indirectly to the public water system. The permit shall be
on forms as provided by the City.
1000.18 Connections Barred. No connection shall be allowed to a building piping system that contains
any connection, fixture or source of pollution not allowed by the state plumbing code,the St. Paul Water
Department,regulations of the City of Roseville or other providers.
1000.19 Connections.
Subd. 1 Applications.
A. All applications for permits for service installations and for water service
connections shall be made to the City Administrator on printed forms furnished
by the City.
B. Applications for permits for service installation shall be made by the owner of
the property to be served or by the owner's agent and shall state the size and
location of the service connection required. The applicant shall, at the time of
making application,pay to the City the amount of fees or deposit required for the
installation as provided in this section.
C. When the service has been installed, application for water service may be made
to the City Administrator by the owner,his or her agent,or the tenant or occupant
of the premises.
Subd. 2 Meters.
A. The size of water service meters shall be subject to approval of the City
Administrator in the case of nonresidential service.
B. A meter spacer with valves and tailpiece couplings shall be furnished to the
plumber at the time a connection permit is issued. Meter spacers shall be picked
up when the meter is installed under City supervision after completion of water
service installation.
C. The plumber shall notify the City Administrator within twenty-four (24) hours
after piping is complete and ready for meter installation, giving the street address
and service installation permit number for the premise requesting service.
Inspections as the City Administrator shall deem appropriate shall be made on
behalf of the City. In all cases, connection to the system must be made within
sixty(60)days after the pen-nit is issued or the permit shall expire and be invalid.
D. Water billings shall start at the time of the installation of the water meter; or in
the event the water meter is not installed within thirty(30) days, shall commence
upon the thirty-first day from the date of the permit, and shall be calculated upon
the minimum quarterly rate,prorated on a monthly basis.
Subd. 3 Service Charges.
A. Permits must be obtained to connect to the existing water service leads at the
curb box and the interior plumbing. The permit fee for each of these connections
shall be as established by ordinance by the Council. No permit shall be issued
except to a licensed plumber.
B. In the event that, through the fault or omission of the owner of the subject
property, a curb box or a service lead has not been installed for the property, the
owner will be responsible for the service lead installation, subject to approval by
the public works director. The City must witness all taps into the City's main
lines,which charges shall be as follows:
I. The restoration portion of any permit fee will be refunded to the permit
applicant following restoration completion to the satisfaction of the
appropriate city official and/or City Engineer.
2. All backfill materials shall be mechanically compacted in twelve-inch
layers in place in roadway area to existing street grade. Soils deemed not
suitable for proper compaction must be removed and replaced with clean
granular material at the owner's expense.
C. A service charge in the amount established by Council resolution shall be made
for turning on water where service has been turned off for violation of any
provision of this section, except for cases where a higher charge is provided for.
Subd. 4 Time for Connections. If, for any cause, the plumber or contractor laying the service
pipe should fail to have the connection made at the time specified in his or her application,notice
shall be given to the City Administrator fixing another day on which he or she wishes to make
connection. The notice shall be given at least two (2) days prior to the excavation for laying of
the service pipe, and the connection shall be made before 4:30 p.m., except in special cases, and
then the work shall be done only upon written order from the City Administrator. In any event,
connection shall be made within sixty(60)days after the permit is obtained.
Subd. 5 Property Assessments. Before a permit for water main tapping shall be issued, the
following conditions shall be complied with:
A. A connection permit to service, directly or indirectly, any lot or tract of land shall
not be issued until the City Administrator shall have certified to one of the
following:
1. That the lot or tract of land has been assessed for the cost of construction
of the water main with which the connection is to be made;
2. If no assessment has been levied for the construction cost, the
proceedings for levying the assessment have been or will be completed
in due course; or
3. If no assessment has been levied and no assessment proceedings will be
completed in due course, that the City has been paid an amount equal to
the estimated assessment against the lot or tract for the construction of
the main.
B. If for any reason the City Administrator cannot issue a certificate as provided in
this subdivision, and there has been an assessment proceeding in connection with
the construction of the main, then the City Engineer shall compute the
assessment which would have been levied against the subject lot or parcel on the
same basis as assessments previously levied against other property for the main,
and the City Administrator's certificate may be issued upon payment of the
amount to the City Administrator. In the event that there has been no assessment
proceeding in connection with the laying of the main, the City Engineer shall
compute the charge to be made for the connection on the basis of the benefit to
the property from the construction of the main, and the City Administrator's
certificate shall be issued upon payment of the charge.
C. In lieu of requiring payment of the charge as computed under this subdivision at
the time the connection permit is issued, the Council may, upon request of a
property owner desiring the connection, certify the amount to the county auditor,
together with a legal description of the premises served, to the end that the
connection charge shall be paid in equal installments over a period of twenty(20)
years, with interest thereon at the rate of eight (8%) percent per annum, in the
same manner as provided for collection of assessments in M.S. Ch. 429, as
amended from time to time.
Subd. 6 Turning on Water. No person other than an authorized City employee shall turn any
water supply on or off at the stop box without permission from the City Administrator.
Subd. 7 Location of Stop Boxes. Curb stop boxes shall be installed at a point on the property
line most suitable to the property and shall be left in an accurate vertical position when
back-filling is completed. Curb stop boxes will be installed at an approximate depth of seven(7)
feet below the finished grade or the grade established by the City Engineer. Curb stop boxes shall
not be reinstalled in existing or future delivery areas.
Subd. 8 Supervision by Plumber. All piping connections from the curb box to the house supply
piping shall be made under the supervision of a licensed plumber.
Subd. 9 Connections Within City to Systems Outside City.
A. The Council recognizes that in certain border areas of the City water service for
property in the City may be more economically and conveniently obtained from
water systems outside of the City.
B. In the event a City property owner requests water service of this City, and the
City Engineer advises this City that the property concerned is a border area to
which water service may be best supplied, on a practical and economic basis,
from a water system other than that of this City, upon recommendation of the
City Administrator of this City the Council may permit connection to the outside
water system and permit payment of connection charges in the manner provided
in this section, which could be the other city's charge or Arden Hills charge,
whichever is greater.
1000.20 Rates and Charges.
Subd. I Keeping Water Accounts. All water accounts shall be kept by the City Administrator by
house and street number and under the account number assigned thereto, and also by the name of
the owner. Bills and notices sent out by the City Administrator shall be sent to the house or street
number of the party. If nonresident owners or agents wish notice sent to a different address they
shall file an application therefor with the City Administrator. Any error in address shall be
promptly reported to the City Administrator.
Subd. 2 Water Rates.
A. The rate due and payable by each water user within the City for water taken from
the water system shall be as established by Ordinance adopted by the Council.
B. In case the meter is found to have stopped, or to be operating in a faulty manner,
the amount of water used will be estimated in accordance with the amount used
previously in comparable periods of the year. If no comparable period is
available the City Administrator shall, with the consent of the Council, set an
estimated charge on the basis of his or her best judgment.
C. Where service is for less than a quarterly period, the quarterly charge shall be
prorated on a monthly basis.
D. Rates due and payable by each water user located beyond the territorial
boundaries of the City shall be determined by special contract.
E. In case a service pipe is connected to the stop box and laid into the building, but
the property owner does not wish to connect immediately to the building piping
for use,the minimum rates shall be charged as provided in Subpart A above.
F. In the event the water customer elects to discontinue use of municipal water the
minimum charge shall continue until such date as the service pipe is excavated
and disconnected at the stop box. The disconnection shall be inspected by an
appropriate City official before backfilling occurs.
G. In addition to the above charges for water consumption, each water user within
the City shall pay an additional quarterly demand charge for the purpose of
covering certain fixed costs of the City in maintaining the municipal water
system, which charges shall be as established in resolutions adopted from time to
time by the City Council.
H. The owner(s) of any premises shall be solely responsible for the payment of any
water or sewer usage or service charge, whether or not the water or sewer, usage
or service,have been used by the owner(s)or tenants.
Subd. 3 Payment of Charges.
A. Statements for total water charges for the preceding quarterly period shall be
mailed by the City Administrator to each property owner on or before the tenth
day of the month following the rolling billing area.
B. Such statements shall be due on the last day of the month following the quarterly
period covered by the statement. Any prepayment or overpayment of charges
may be retained by the City and applied to subsequent quarterly statements.
Subd. 4 Delinquency Penalties and Collection of Delinquent Charges.
A. A delinquency penalty of eight(8%)percent of the unpaid water bill for charges shall
be charged, effective thirty (30) days after the rolling billing quarter, in accordance
with the following schedule of billing dates:
For the first quarter April 30
For the second quarter July 31
For the third quarter October 31
For the fourth quarter January 31
If the delinquency date falls on a nonbusiness day for the City Hall, the penalties
shall be imposed on the next business day, but first crediting payments received
on that day.
B. Except as otherwise provided in this section, the delinquency penalty shall be
imposed upon and added to all unpaid water bills by the City Administrator and
mailed in the usual course at the next regular billing date, showing in the same
bill the current billing after the first penalty date.
C. The Council has noted that, under Subd. 3, section bills are due at the end of the
billing month, and accordingly the delinquency charge shall be imposed
consistent with the due date of a billing.
D. Any amounts due for water charges in excess of 90 days past due, may be
collected in a civil action brought for that purpose in the name of the City; or the
City Administrator, upon direction by the Council, may certify to the county
auditor the amount due, together with the legal description of the premises
served, and the City Administrator, in so certifying, shall add to the amount as a
separate item, in addition to the delinquency penalty hereinbefore provided, an
additional delinquency penalty of eight (8%) percent of the original unpaid
amount, inclusive of any previous delinquency penalty. The county auditor shall
enter the amount as part of the tax levied on the premises to be collected during
the ensuing year. No additional delinquency penalties shall be added to unpaid
bills after certification to the county auditor as provided in this subdivision.
1000.21 Meters and Hydrants.
Subd. 1 Meter Required. No person shall use water from the water system or permit water to be
drawn from the system unless the water is metered by passing through a meter supplied or
approved by the City. This requirement shall not apply to water withdrawn by authorized City
employees acting on City business or to water withdrawn for use in fire-fighting. Unless
authorized by the City Administrator, no person shall connect, disconnect, take apart or in any
manner change or cause to be changed, or interfere with any such meter or the action thereof.
Subd. 2 Maintenance and Replacement of Meters. The City shall maintain and repair all meters
and, when rendered unserviceable through ordinary wear and tear, the City shall replace them.
However, where replacement, repair or adjustment of any meter is rendered necessary by the act,
neglect, including damage from freezing, hot water backup, or carelessness of the owner or
occupant of any premises, any expense caused the City thereby shall be charged against and
collected from the water consumer.
Subd. 3 Meter Accuracy Testing. A consumer may have his or her meter tested for accuracy by
making written request therefor and depositing the amount set out in the fee schedule appendix to
this code with the City Administrator at the time the request is made. In the event the test shows
an error of over five (5%)percent of the water allegedly consumed,the deposit shall be refunded
to the consumer and a correctly-registering meter shall be installed,with the bill to be adjusted in
accordance with the corrected reading. If there is no error or the error is less than five (5%)
percent,the deposit shall be retained by the City. Any adjustment shall not extend for more than
one billing period before the date of the request for test. The deposit charges for meter testing
shall be as established from time to time in a resolution adopted by the Council.
Subd. 4 Right of Access. Authorized City employees shall have free access to premises
connected with the water system at reasonable hours of the day for the purpose of reading and
inspecting inspection and performing meter maintenance.
Subd. 5 Compound Meters. Where a potable water service line larger than two (2) inches is
installed or where flows are sufficiently large in the opinion of the City Administrator to require a
meter larger than two (2) inches, the occupant or owner of the subject premises shall cause to be
furnished and installed a compound meter consisting of dual integral measuring elements for high
and low flow rates. The type and manufacturer shall be as designated by the City Administrator.
Subd. 6 Fire Protection System. Where a service line is installed to serve, in total or in part, a
private fire protection system, the owner or occupant of the premises shall cause to be furnished
and installed, on the line serving such purpose,a City approved check-type meter.
Subd. 7 Water Meter Setting. All water meters shall be installed in accordance with the following
rules:
A. The service pipe from the water main to the meter, when the pipe enters the
building, shall be brought through the floor or bottom course of concrete block
foundation at a depth in accordance with the provisions of Subsection 1000.10.
However,this may be waived by the City Administrator if strict compliance with
the provision would create a hardship in a particular situation.
B. The meter shall be located so that the bottom of the meter is from twelve (12)
inches to twenty-four (24) inches above the finished floor line. The meter shall
be set not less than six (6) inches nor more than twelve (12) inches measured
horizontally from the inside line of the basement wall,unless an alternate method
is approved by the City Administrator.
All meter installations shall have a lock wing meter ball valve on the street side
of the meter. In no case shall there be more than twelve (12) inches of pipe
exposed between the point of entrance through the basement floor and the valve.
A similar valve shall also be installed on the house side of the meter. All fittings
and pipe shall be red brass or bronze, except that pipe over two (2) inches in
diameter may be iron. The valves shall be brass one hundred twenty-five (125)
pounds standard, except valves larger than two (2) inches may be iron body.
There shall also be installed on the house side of the meter gate valve a
three-quarter inch side outlet tee and plug to provide for future installation of a
two(2)inch air chamber or shock absorber.
1000.22 Fire Hydrants.
Subd. 1 Use of Fire Hydrants. No person shall operate fire hydrants or interfere in any way with
the water system without first obtaining a permit to do so from the City Administrator, with the
exception of authorized City employees on City business or fire-fighting personnel. Permits may
be issued by the City Administrator in accordance with the following procedure:
A. A permit to use a fire hydrant shall be issued for each individual job or contract,
for a minimum of thirty (30) days and for any additional thirty (30) day periods
as the City Administrator shall determine. The permit shall state the location of
the hydrant and shall be for the use of that hydrant alone, except as otherwise
specified in the permit. A City supplied meter and valve shall be used at all
times while a hydrant is in use. Hydrants shall be left in the fall upon position
with the flow controlled by the meter valve.
B. The applicant for a permit shall make an advance cash deposit in the amount
established by Ordinance adopted by the Council. The purpose of the cash
deposit is to guarantee payment for water used and to cover any breakage or
damage to the hydrant or meter. Such deposit shall be refunded upon expiration
of the permit, after deduction for any applicable charges for water consumption
or damage.
C. The user shall pay a rental charge based both upon the time of use and the gallons
of water used. This rental charge shall be established by Ordinance adopted by
the Council.
Subd. 2 Hydrant Rentals.
A. Owners of private property on which fire hydrants are located shall pay an annual
standby charge, the amount of which shall be as established by Ordinance
adopted by the Council. This charge shall be a specified amount per hydrant. In
addition, if the City installs a hydrant on private property at the request of the
owner, the owner shall be charged the actual cost to the City of materials and
labor for the installation.
B. This charge shall not apply to a hydrant installed in the usual manner on
boulevards or street right-of-ways,but only to those installed on private property.
1000.23 Permits Required for Private Use of Water Towers. No person shall install any radio antenna or
aerial on, or in any way use, any municipal water tower for private use without first obtaining a permit
from the Council to do so.
Subd. 1 Terms of Permit. Any person desiring to obtain a permit to install a private radio aerial
on a water tower shall file an application with the City Administrator and have the application
approved by the City Engineer. If the permit is issued by the Council it shall only be valid so
long as the applicant pays to the City the fee as has been established by Ordinance adopted by the
Council. The original payment must be made at the time of application for the permit.
Subd. 2 Canceling Permits. The Council may at any time cancel any such permit issued to any
person by returning to the holder of the permit the unused portion of the annual fee.
Section 1010 - Sewers*
1010.01 General Operation. The entire municipal sanitary sewer system shall be operated as a public
utility and convenience from which revenues will be derived, subject to the provisions of this section.
1010.02 Connections Required.
Subd. 1 Existing Buildings. Any building used for human habitation and located on property
adjacent to a sewer main, or in a platted block through which the system extends, shall be
connected to the municipal sanitary sewer system within two (2) years from the date on which a
connection is available to the building.
Subd. 2 New Buildings. All buildings constructed after the adoption of this code within the City
on property adjacent to a sewer main or in a platted block through which the municipal sanitary
sewer system extends, shall be provided with a connection to the sewer system for the disposal of
all human wastes.
1010.03 Certain Connections Prohibited. No buildings located on property lying outside the limits of the
City shall be connected to that portion of the sanitary sewer system of the City discharging into the
Metropolitan Council of Environmental Services Division(MCES).
1010.04 Supervision of Connections. The plumbing inspector shall supervise all sewer connections
made to the municipal sanitary sewer system and excavation for the purpose of installing or repairing the
same.
1010.05 Permits. Any person desiring a connection to the municipal sanitary sewer system shall apply to
the City for a permit therefor. The application shall be submitted on blanks furnished by the City
Administrator and shall be accompanied by plans, specifications and any other information as is desired
by the plumbing inspector, together with the required permit and inspection fee. All costs and expenses
incident to the installation and connections shall be borne by the owner, and he or she shall indemnify the
City for any loss or damage that may, directly or indirectly,be occasioned by the installation of the sewer
connection, including restoring streets and street surfaces. Permits for the connections shall be issued
only to a plumber duly licensed by the State Board of Health or to anyone not so licensed who owns and
actually occupies as his or her residence the premises or that part of the premises upon which the sewer
connection work is to be performed.
1010.06 Tampering with System. No person shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the
municipal sewer system.
1010.07 Maintenance. Each property owner shall be responsible at all times for the maintenance of his
or her sewer connection to the municipal sanitary sewer system, and shall have the obligation to keep the
connection in good repair,to the end that there shall be no interference or obstruction to the sewer system
as a whole, nor shall there be any violation of this section, and the laws of the state. The plumbing
inspector shall be authorized to make the inspections of the sewer connections as he or she may deem
*State law reference- Sewage and rubbish disposal,M.S. Ch.443
necessary to accomplish this purpose, and the property owner shall be responsible for carrying out the
instructions as the plumbing inspector deems necessary to accomplish this purpose.
1010.08 Types of Wastes Restricted or Prohibited. It shall be unlawful to discharge any wastes or cause
or allow any wastes to be discharged into the municipal sanitary sewer system of the City which do not
comply with the laws and regulations promulgated by the state or as set forth in this section.
Subd. 1 Grease, Oil and Sand. To ensure the proper discharge of waste containing excessive
amounts of grease, oil or sand, the City plumbing inspector may require that grease, oil and sand
traps or interceptors be provided, which traps or interceptors shall comply in all respects with the
requirements set forth in the Minnesota Plumbing Code. Traps or interceptors shall not be
required for private dwelling units which discharge only normal wastes. Such traps or
interceptors shall be maintained by the owner, at his or her expense, and shall be regularly
cleaned and maintained for adequate performance and efficient operation at all times. Any
subsequent alterations or additions to the traps or interceptors shall not be made without due
notice to and approval by the City plumbing inspector.
Subd. 2 Industrial Waste. With respect to the discharge or potential discharge of"industrial
waste," which for purposes of this section shall be defined as any solid, liquid or gaseous waste,
including cooling water, resulting from any industrial or manufacturing process or from the
development, recovery or processing of natural resources, the discharger or potential discharger
of the industrial waste shall be subject to the requirements and procedures of the MCES or the
disposal system of plans and specifications for any and all facilities to be used in discharging the
industrial waste, including meters and sampling facilities (if required), prior to construction and
installation of the facilities. The City Engineer shall have first approved the metering equipment
to be or being used prior to the submission of the plans to the MCES for approval.
Subd. 3 Drainage Water. It shall be unlawful for any person to discharge or cause to be
discharged into the municipal sanitary sewer system of the City, either directly or indirectly, any
roof, storm, surface or groundwater of any type or kind.
Subd. 4 Objectional Material. It shall be unlawful for any person to discharge or cause to be
discharged, or for any property owner to allow the discharge of, any objectionable material,
including, but not limited to, cloth, rags or similar materials, into the Municipal Sanitary Sewer
System. In those cases where it can be determined that the objectionable materials are being
discharged into the Municipal Sanitary Sewer System from a private sanitary sewer line, the
City's Plumbing Inspector shall notify the property owner to either discontinue or cause to be
discontinued the practice of discharging objectionable materials into the Municipal Sanitary
Sewer System or, in the alternative, at the property owner's sole expense and cost, the property
owner shall install and maintain traps, grinders, and/or interceptors within that portion of the
private sanitary sewer line which connects to the Municipal Sanitary Sewer System. The notice
shall be sent by certified mail. If the property owner fails to discontinue or cause to be
discontinued the practice of discharging objectionable materials into the Municipal Sanitary
Sewer System or fails to install and maintain traps, grinders and/or interceptors, the City may
assess the costs incurred by the City for excessive maintenance or repairs to the Municipal
Sanitary Sewer System, and may pursue other legal or equitable remedies against the property
owner.
1010.09 Accidental Discharges. Section 5-15 of Article V of the Sewage and Waste Control Rules and
Regulations for the Metropolitan Disposal System, is incorporated and adopted herein by reference and
shall be applicable to any and all accidental discharges of prohibited waste into the sanitary sewer system
of the City which either directly or indirectly eventuates in such prohibited waste flowing into the
metropolitan disposal system.
1010.10 Construction Requirements.
Subd. 1 General. Those provisions of the state plumbing code, as contained in the building code
of the City, which apply to the construction, alignment, grades,joints and connections of sewers
and materials used therewith are hereby adopted by reference and made a part of this code as if
set out here in full.
Subd. 2 Use of Old House Sewers. Old house sewers or portions thereof may be approved for
use by the plumbing inspector. The plumbing inspector may request that the old sewer be
excavated for the purpose of facilitating inspection. No cesspool or septic tank shall be connected
to any sewer connections. If any portion of a house sewer is laid across or over any existing
cesspool or septic tank, the cesspool or septic tank shall first be pumped clean and filled with
earth to the surrounding ground level. Where a connecting sewer is laid across or over any
existing cesspool or septic tank, only extra heavy cast iron soil pipe, conforming to the A.S.T.M.
Standard Specification A-74-42, shall be used for that portion of the connecting sewer which is
laid across or over the existing cesspool or septic tank.
Subd. 3 Connections at "Y" Only. Every connecting sewer shall be connected to the municipal
sewer system at the "Y" or sewer connection stubs designated for the property served by the
connection, except where otherwise expressly authorized in writing by the plumbing inspector.
Connections authorized by the plumbing inspector shall be made only under his or her direct
supervision and in the manner as he or she may direct.
Subd. 4 Tunneling. Tunneling for distances of not more than six (6) feet shall be permissible in
yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall be at
least one size larger than the pipe to be laid.
Subd. 5 Independent Systems.
A. The drainage and plumbing system of each new building and of new work
installed in an existing building shall be separate from and independent of that of
any other building except as provided for in Subparts B and C of this subsection.
B. Where one building stands to the rear of another building 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 drain from the front
building may be extended to the rear building and the whole shall be considered
as one building drain. Where such a building drain is extended, a clean-out shall
be provided immediately inside the rear wall of the front building.
C. Where adjoining property owners desire to construct a common sewer connection
to service both properties, the owners may make written application to the
Council for permission to construct the joint service connection. The Council
may grant such a permit if it determines that the construction of the joint
connection is reasonable and warranted under the existing conditions, and if
independent connections were to be constructed, the minimum length of each
connection would be at least one hundred (100) feet from the property line
abutting the municipal sewer.
Subd. 6 Repair of Public Right-Of-Way. No connection to the municipal sanitary sewer system
shall be finally approved until all streets, pavements, curbs and boulevards or other public
improvements thereon have been restored to their former condition to the satisfaction of the
plumbing inspector.
Subd. 7 Restrictions on Installation of Sump Pump System; Necessity of Obtaining Permit. Any
person installing a subsurface drainage system in connection with the construction of a building
shall include as part of the system a sump pump which has a permanent discharge connection to
the exterior of the building. Any person installing a sump pump system in an existing building
shall also provide the system with a permanent discharge connection to the exterior of the
building. No person shall install a subsurface drainage system in connection with new
construction or the modification of an existing building without having first obtained a permit to
do so from the City and may not connect it to the sanitary sewer system.
(Add 4122109) Subd. 8 Prohibited Connections of Surface Water and Ground Water Discharge Facilities
to the City's Sanitary Sewer System.
A. No person, owner, lessee or occupant of any parcel of land,building, or
premises shall discharge, or permit to be discharged, directly or indirectly,
into the sanitary sewer system any surface water or groundwater including
water from roofs, yards, lawns, streets, alleys, groundwater sump pumps,
footing tile, or other natural precipitation.
B. A sump pump discharge system shall not be connected directly or
indirectly to the City's sanitary sewer system. A sump pump shall have a
permanently installed discharge line, which provides for year-round
discharge to either the outside of a building or structure, or is connected to
the City storm sewer.
The system shall consist of a discharge line without valving or quick connections
or flexible sections,which allows the redirection of the sump pump discharge
into the sanitary sewer system. If connected to a City storm sewer,the system
shall include a check valve and an air gap.
Subd. 9 Inspection
Every person, owner, lessee or occupant of any parcel of land,building or premises that
discharges into the City's sanitary sewer system shall allow an employee of the city or a
designated representative of the City to inspect the building or premises to confirm that
the building or premises conforms to the requirements of Subdivision 8 of this section.
In lieu of the City inspection,the owner,lessee or occupant may furnish a certificate from a City
registered State licensed plumber certifying that the building or premises are in compliance with
the requirements of Subdivision 8. The City may periodically re-inspect any building or premises
to determine continued compliance with the requirements of Subdivision 8.
Subd. 10 Removal of Prohibited Connections; Surcharge ; City Reimbursement
Any person, owner, lessee or occupant, and any plumber or building contractor who has
presently made or permitted to be made, or shall make or permit to be made, any
connection or installation in violation of subdivision 8, shall immediately remove such
connection or correct such an installation. The City will reimburse 50% of the cost of
removing or correcting an illegal connection to bring the property into compliance, to a
lifetime maximum of$300.00.
If not removed or corrected within sixty calendar days after notice of the violation has been
delivered personally or by certified mail to such person, owner,lessee or occupant,the City shall
impose a surcharge in the amount directed by the City Council. Such a surcharge shall also be
imposed upon any property owner,lessee, or occupant who,within sixty days of receiving notice
of the need for an inspection, fails to make or keep a scheduled appointment for the inspection of
their property,has not allowed their property to be inspected, or fails to provide the certificate
from a City registered State licensed plumber as required by Subdivision 9.
The owner, lessee, occupant of a building or premises found to be not in conformance as required
in Subdivision 8 during periodic re-inspections shall be subjected to a surcharge as provided in
Subdivision 10,for all months between the two most recent inspections or a maximum charge not
to exceed twelve(12)monthly surcharges.
Subd. 11 Surcharge Fee.
Surcharges for buildings or premises that are not in conformance with Subdivision 8 will
be determined by the City Council.
10 10.11 Rates and Charges.
Subd. 1 Established.
A. Rates and charges to be imposed on the various categories of structures
connected to the municipal sanitary sewer system shall be established by
Ordinance adopted by the Council. In establishing the rates and charges, the
Council shall employ any one or a combination of the methods and bases set
forth in M.S. § 444.075 (3),as now constituted and as hereafter amended.
B. Charges for mobile homes and apartments shall be billed to the owner or
management of the mobile home court, park or apartment building in which the
same are respectively located. Charges will be based on the number of units.
C. Certain premises, because of their discharge of industrial sewage wastes or
voluminous or strong sewage wastes, may be subject to supplementary charges
imposed by governmental agencies or subdivisions other than the City. In such
event, the City may impose, as established by Ordinance and adopted by the
Council, a supplementary charge based generally upon and at least equal to the
amount of the supplemental charge imposed by the other governmental agency or
subdivision.
D. All owners of properties other than single-family dwellings, duplexes or two-
family dwellings, mobile homes or trailers and apartments which are not
connected to the municipal water system and are not excepted, shall install a
meter on their water supply as part of any building program on the premises, and
in any event within ten(10) days after receipt of written notice to do so from the
City Administrator. Such meter shall be designed in such manner as to
accurately measure water consumption, shall be of a type approved by the
director of public works, shall be maintained in good operating condition without
expense to the City, and access thereto shall be given to employees of the City at
all reasonable times for the purpose of testing or making readings.
E. If the director of public works determines that a portion of the water measured by
the water meter does not and cannot enter the municipal sanitary sewer system,
then the City may permit or require the installation of other additional meters in
such a manner that the quantity of water which actually could enter the sewer
system may be determined.
F. The owner of the property shall supply the City, upon request, with such
information as the City may reasonably require related to the use of a private
water system.
G. The owner(s) of any premises shall be solely responsible for the payment of any
sewer usage or service charge, whether or not the sewer, usage or service has
been used by the owner(s)or by tenants.
Subd. 2 Payment. Statements for total sewer charges for the preceding quarterly period shall be
mailed to each customer on or before the tenth day of the month following the rolling billing
quarter. The balances shown due shall be due and payable at the office of the City Administrator
on or before the last day of the month. Prepayments or overpayments of charges may be retained
by the City and applied to subsequent quarterly statements. The City Administrator by direction
of the Council, may designate another office to mail notices and receive payments under this
subsection.
Subd. 3 Delinquencies.
A. A delinquency penalty of eight (8%)percent of the unpaid sanitary sewer bill for
charges effective on the date stated shall be charged, in accordance with the
following schedule of billing for specific districts:
For the first quarter April 30
For the second quarter July 31
For the third quarter October 31
For the fourth quarter January 31
If the delinquency date falls on a nonbusiness day for the City Hall, the penalties
shall be imposed on the next business day, but first crediting payments received
on that day.
B. Except as provided in Subd. 4 below, the delinquency penalty shall be imposed
upon and added to all unpaid sanitary sewer bills by the City Administrator and
mailed in the usual course at the next regular billing date, showing in the same
bill the current billing.
C. Seven bills are due at the end of the billing month, and accordingly the
delinquency charge hereunder will be imposed more than a month after the due
date of a billing.
Subd. 4 Collection. Any amounts due for sanitary sewer charges in excess of 90 days past due
may be collected in a civil action brought for that purpose in the name of the City; or the City
Administrator, upon direction by the Council, may certify to the county auditor the amount due,
together with the legal description of the premises served, and the City Administrator in so
certifying, shall add to the amount as a separate item, in addition to the delinquency penalty an
additional delinquency penalty of eight (8%) percent of the original unpaid amount, inclusive of
any previous delinquency penalty. The county auditor shall enter the amount as part of the tax
levied on the premises to be collected during the ensuing year. No additional delinquency
penalties shall be added to unpaid bills after certification to the county auditor.
1010.12 Sewer Availability.
Subd. 1 Recitals. The metropolitan sewer board has determined to reserve unused capacity in the
metropolitan disposal system each year for local government units in which new buildings are to
be connected to the system and new connections to the system are commenced during the year,
and to allocate the debt service costs of the unused capacity for the year among the local
government units. In order for the local government units to pay such costs allocated to them
each year, it is necessary to establish appropriate sewer service availability and connection
charges.
Subd. 2 Establishment of Charges.
A. For the purpose of paying costs of reserve capacity allocated to this City each
year by the metropolitan sewer board, there is hereby established by Ordinance
adopted by the Council,a charge for:
1. The availability of treatment works and interceptors comprising the
metropolitan disposal system; and
2. Connections, direct and indirect,to the metropolitan disposal system.
B. The charge shall be collected on the basis of building permits issued on the
following basis:
1. The charge shall be payable on the issuance of each building permit for
new construction issued.
2. A charge shall be payable on the issuance of a building permit for
alterations or additions to existing buildings if the alteration or addition
will require additional reserve capacity, and the service availability
charge (SAC) unit shall be determined on the same basis as for new
buildings.
C. The charge for each building shall be the product of the number of units of
sewage volume which it will discharge and the dollar figure established by
Ordinance adopted by the Council for the year in which the building permit is
issued. A unit of sewage volume shall be one hundred thousand (100,000)
gallons per year and shall be assigned as follows:
1. Single-family houses, townhouses and duplex units shall each comprise
one unit.
2. Condominiums and apartments shall each comprise eighty(80%)percent
of a unit.
3. Mobile homes shall each comprise eighty(80%)percent of a unit.
4. Other buildings and structures shall be assigned one unit for each one
hundred thousand (100,000) gallons of flow or part thereof which it is
estimated they will discharge.
5. Public housing units and housing units subsidized under any federal
program for low and moderate income housing shall be counted as
seventy-five (75%) percent of the unit equivalent for that type of
housing.
Subd. 3 Administration. The City Administrator shall prepare or revise building permit or
sewage connection permit application forms to provide information necessary for the
computation of the number of SAC units assignable to the building or structure in question, and
shall collect the applicable charge before issuance of a permit. The City Administrator shall
make such information available to the MCES upon request. If upon filing a report covering the
permit with the metropolitan MCES. They may determine that a greater number of units is
assignable to the building or structure in question, any additional amount of cost allocated to the
City as a result shall be paid by the person or company to whom the permit was granted.
10 10.13 Underground Installation of Distribution Lines.
Subd. 1. The purpose of this section is to promote the health, safety and general welfare of the
public and is intended to foster:
A. Safe travel over the right-of-way;
B. Non-travel related safety around homes and buildings where overhead feeds are
connected; and
C. Orderly development in the city. Location and relocation, installation and
reinstallation of facilities in the right-of-way must be made in accordance with
this section.
Subd. 2. The terms used in this section have the meanings given them.
A. The word"Commission"shall mean the Minnesota Public Utilities Commission.
B. The word"Facility" shall mean tangible asset in the public right-of-way required
to provide utility service. The term does not include facilities to the extent the
location and relocation of such facilities are preempted by M.S. § 161.45, as
amended from time to time, governing utility facility placement in state trunk
highways. Facility does not mean electric transmission lines, as distinguished
from electric distribution lines.
C. The words "Public Right-of-Way" has the meaning given it in M.S. § 237.162
(3), as amended from time to time.
D. The words"Right-of-Way User"means:
1. A telecommunications right-of-way user as defined by M.S. § 237.162
(4), as amended from time to time;or
2. A person owning or controlling a facility, in the right-of-way,that is used
or intended to be used for providing utility service, and who has a right
under law, franchise or ordinance to use the public right-of-way.
E. The words"Utility Service"means and includes:
1. Service provided by a public utility, as defined in M.S. § 216B.02 (4)
and(6), as amended from time to time;
2. Services of a telecommunications right-of-way user, including the
transporting of voice or data information;
3. Services provided by a cable communications system, as defined in M.S.
§ 238.02(3),as amended from time to time;
4. Natural gas or electric energy or telecommunications services provided
by a local government unit;
5. Services provided by a cooperative electric association organized under
M.S. Ch. 308A,as amended from time to time; and
6. Water, sewer, steam, cooling or heating services.
Subd. 3 Undergrounding. Unless otherwise agreed in a franchise between the applicable right-
of-way user and the City, facilities in the right-of-way must be located or relocated and
maintained underground.
Subd. 4 Undergrounding of New Facilities. A new facility or a permanent extension of facilities
must be installed and maintained underground when supplied to:
A. A new installation of buildings, signs, streetlights or other structures;
B. A new subdivision of land; or
C. A new development or industrial park containing new commercial or industrial
buildings.
Subd. 5 Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. A
permanent replacement, relocation or reconstruction of a facility of more than 300 feet must be
located, and maintained underground, with due regard for seasonal working conditions. For
purposes of this section, reconstruction means any substantial repair of or any improvement to
existing facilities. Undergrounding is required whether a replacement, relocation or
reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the
city in connection with:
A. The present or future use by the city or other local government unit of the right-
of-way for a public project;
B. The public health or safety; or
C. The safety and convenience of travel over the right-of-way.
Subd. 6 Retirement of Overhead Facilities. The City Council may determine whether it is in the
public interest that all facilities within the City, or within certain districts designated by the City,
be permanently placed and maintained underground by a date certain or target date,
independently of undergrounding required pursuant to this code. The decision to underground
must be preceded by a public hearing, after published notice and written notice to the utilities
affected. (Two weeks published: 30 days written.) At the hearing, the Council must consider
items and make findings. Undergrounding may not take place until City Council has, after
hearing and notice, adopted a plan.
Subd. 7 Public Hearings. A hearing must be open to the public and may be continued from time
to time. At each hearing any person interested must be given an opportunity to be heard. The
subject of the public hearings shall be the issue of whether facilities in the right-of-way in the
City, or located within a certain district, shall all be located underground by a date certain.
Hearings are not necessary for the undergrounding required.
Subd. 8 Public Hearing Issues.
A. The issues to be addressed at public hearings include,but are not limited to:
1. The costs and benefits to the public of requiring the undergrounding of
all facilities in the right-of-way;
2. The feasibility and cost of undergrounding all facilities by a date certain
as determined by the City and the affected utilities;
3. The tariff requirements, procedure and rate design for recovery or
intended recovery of incremental costs for undergrounding by the
utilities from ratepayers within the city.
4. Alternative financing options available if the City deems it in the public
interest to require undergrounding by a date certain and deems it
appropriate to participate in the cost borne by the ratepayers.
B. Upon completion of the hearing or hearings, the Council must make written
findings on whether it is in the public interest to establish a plan under which all
facilities will be underground.
Subd. 9 Undergrounding Plan. If the Council finds that it is in the public interest to underground
all or substantially all facilities, the Council must establish a plan for such undergrounding. The
plan for undergrounding must include at least the following elements:
A. Timetable for the undergrounding;
B. Designation of districts for the undergrounding unless, undergrounding plan is
citywide;
C. Exceptions to the undergrounding requirement and procedure for establishing
such exceptions;
D. Procedures for the undergrounding process, including but not limited to
coordination with city projects and provisions to ensure compliance with non-
discrimination requirements under the law;
E. A financing plan for funding of the incremental costs if the city determines that it
will finance some of the costs, and a determination and verification of the
claimed additional costs to underground incurred by the utility; and
F. Penalties or other remedies for failure to comply with the undergrounding.
1010.14 Surface Water Management Utility.
Subd. 1 General Operation. The municipal surface storm water runoff system shall be operated
as a public utility, hereinafter called the "surface water management utility," pursuant to M.S. §
444.075, as amended from time to time, from which revenues will be derived subject to the
provisions of this chapter and Minnesota Statutes.
Subd.2 Definitions.
A. The words "Quarterly Surface Water Management Budget" shall mean the
estimated quarterly expenditures for planning and inventories, capital
expenditures, personnel and equipment and operation of the surface water utility,
in accordance with established City policy. This budget shall be established from
time to time by City Council resolution.
B. The words "Surface Water Management Fee" shall mean the quarterly charge
developed for each parcel of land pursuant to City regulations and zoning
classifications and shall be established by Ordinance adopted by the Council.
C. The words "Utility Factor" shall mean the ratio of runoff volume, in inches, for a
particular land use,to the runoff volume, in inches, for a 1/3 -acre residential lot,
assuming a two-inch rainfall and soil conservation service, or (SCS), "Type B"
soil conditions.
Subd. 3 Establishment of Fees. Surface water management fees shall be established by
Ordinance adopted by the Council. The following steps shall be taken to determine the quarterly
fee to be charged to each property:
A. A calculation shall be made of the total area, in acres, of all zoned property
within the City.
B. A determination shall be made whether each individual property within these
zoning classifications is developed or undeveloped.
C. The total number of developed acres of property within these zoning
classifications shall be calculated.
D. The total acreage of developed property zoned as R-1, single family residential,
shall be divided by the total acreage calculated in Step C. This yields the
percentage of total developed property that is zoned R-1.
E. The City Council shall establish, by resolution, the quarterly budget for the
revenue to be generated.
F. The portion of the quarterly budget to be charged against properties zoned R-1
shall be calculated by multiplying the percentage found in Step D. by the budge
amount in Step E.
G. The rate per acre for property zoned R-1 shall be calculated by dividing the
revenue for R-1 properties in Step F,by the total acreage of developed properties
found in Step C. This rate shall be the basis for all rates charged to any other
zoned properties within the City.
H. The volume of storm water runoff shall be calculated for all properties zoned R-
1, R-2, R-3, R-4, I-1, I-2, B-1 and B-2. The methods used for these calculations
shall follow the U.S. Department of Agriculture Soil Conservation Service
guideline for soil types common to Arden Hills. A curve number shall be chosen
for each zoning classification, which shall be an approximate measure of the
percentage of impervious surface on the property. The volume of runoff for each
zoning classification shall be calculated using the following equation.
Q= P -0.2S 5
P+0.8S
Where Q=runoff, cfs
S=(1000/cn)- 10, dimensionless
P=2,inches
I. The runoff value calculated in Step H for R-1 properties shall be considered the
base rate. The runoff value for each of the other zoning classifications shall then
be divided by the base rate to yield a utility factor for each zoning classification.
This utility factor shall be a measure of the additional runoff created from the
property as compared to a single family lot. The utility factors for each zoning
classification shall be listed in the following subdivision.
J. The rate per acre for all zoning classifications, except R-1, shall be calculated by
multiplying the utility factor found in step I by the base rate determined in Step
G.
K. The owner(s) of any premise(s) shall be solely responsible for the payment of
any storm water runoff charge calculated for the property.
Subd. 4 Factors for Determining Fees for Various Land Uses. The utility factors for various land
uses used to determine the surface water management fees are assigned as follows:
Districts Land Use Utilily Factor
R-1 Single-Family Residential(1\3 acre lots) 1.00
R-2 Single and Two-Family Residential; (1/4 acre lots) 1.31
R-3 Townhouse and Low Density Multiple Dwellings 2.72
R-4 Multiple Dwelling 2.72
I-1,1-2 Limited and General Industrial 4.25
B-1,B-2 Limited and General Business 4.25
Subd. 5 Adjustment of Fees. The City Council may adopt an Ordinance for the adjustment of the
surface water management fees. Information to justify a fee adjustment shall be supplied by the
property owner. Surface water management fees shall be adjusted under the following
conditions:
A. The estimated expenditures for the management of surface water shall be revised
at a frequency specified in this code. The fees shall be adjusted accordingly and
will follow established City procedures for this adjustment of utility (water and
sewer)rates.
B. Changes in developed conditions of parcels.
C. If it can be demonstrated that an individual parcel retains all or a portion of the
rainfall that it receives, the surface water management fee shall be reduced by a
percentage equal to that percent of the parcel which produces no external runoff.
A fee reduction of 20 percent or greater must be demonstrated.
Subd. 6 Undeveloped Land. Undeveloped properties, without regard to zoning classification,
shall be assessed at one-half the rate,charged to developed property zoned as R-1.
Subd. 7 Exemptions. The following land uses shall be exempt from the surface water
management fee:
A. Public Rights-of-Way;
B. Lakes; and
C. Parks.
Subd. 8 Mailing Statements of Charges. Statements for the preceding quarterly surface water
management service shall be mailed to each customer pursuant to the same procedures as listed
under Subsection 1010.11.
Subd. 9 Fee Appeal. If a property owner or person responsible for paying the surface water
management fee believes that a particular assigned fee is incorrect, such a person may request
that the fee be recomputed. Appeals shall be heard by the Council once a year in accordance with
the schedule established for credit applications, in established City policy.
Subd. 10 Penalties for Delinquent Payments of Fees. A penalty equal to eight percent (8%) of
the amount due shall be added to accounts not paid in full on or before the first day of the second
month following the billing periods and to each quarterly billing thereafter until the amount of the
delinquent account plus accrued penalty is paid in full or otherwise certified to the county auditor
as a delinquent account.
Subd.l 1 Collection. Any amounts due for sanitary sewer charges in excess of 90 days past due
may be collected in a civil action brought for that purpose in the name of the City; or the City
Administrator, upon direction by the Council, may certify to the county auditor the amount due,
together with the legal description of the premises served, and the City Administrator in so
certifying, shall add to the amount as a separate item, in addition to the delinquency penalty an
additional delinquency penalty of eight (8%) percent of the original unpaid amount, inclusive of
any previous delinquency penalty. The county auditor shall enter the amount as part of the tax
levied on the premises to be collected during the ensuing year. No additional delinquency
penalties shall be added to unpaid bills after certification to the county auditor.
Section 1020—Illicit Discharge and Connections
1020.01 Purpose. The purpose of the ordinance is to promote, preserve and enhance the natural
resources within the City and protect them from adverse effects caused by non-storm water discharge by
regulating discharges that would have an adverse and potentially irreversible impact on water quality and
environmentally sensitive land. This ordinance will provide for the health, safety, and general welfare of
the citizens of the City through the regulation of non-storm water discharges to the storm drainage system
to the maximum extent practicable as required by federal and state law. This ordinance establishes
methods for controlling the introduction of pollutants into the municipal separate storm sewer system
(MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System
(NPDES)permit process. The objectives of this ordinance are:
1. To regulate the contribution of pollutants to the municipal separate storm sewer system
(MS4)by storm water discharges by any person.
2. To prohibit Illicit Connections and Discharges to the municipal separate storm sewer
system.
3. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance.
1020.02 Definitions.
Subd.1 Best Management Practices (BMPs). Schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs
also include treatment practices, operating procedures, and practices to control site runoff, spillage
or leaks, sludge or water disposal, or drainage from raw materials storage.
A. Non-structural BMP: Practices that focus on preserving open space, protecting
natural systems, and incorporating existing landscape features such as wetlands and
stream corridors to manage storm water at its source. Other practices include
clustering and concentrating development, minimizing disturbed areas, and
reducing the size of impervious areas.
B. Structural BMP: a physical device that is typically designed and constructed to
trap or filter pollutants from runoff, or reduce runoff velocities.
Subd.2 City.The City of Arden Hills.
Subd.3 Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.),
and any subsequent amendments thereto.
Subd.4 Construction Activity. Activities subject to NPDES Construction Permits. These
include construction projects resulting in land disturbance of one acre or more. Such activities
include but are not limited to clearing and grubbing, grading, excavating,and demolition.
Subd.5 Hazardous Materials. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or potential hazard
to human health, safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
Subd.6 Illegal/Illicit Discharge. Any direct or indirect non-storm water discharge to the storm
drain system, except as exempted in this ordinance.
Subd.7 Illicit Connection.An illicit connection is defined as either of the following:
A. Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system (including any non-storm water
discharge) including wastewater, process wastewater, and wash water to enter the storm
drain system and any connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously allowed,permitted, or
approved by the City; or,
B. Any drain or conveyance connected from a commercial or industrial land use to the
storm drain system which has not been documented in plans, maps, or equivalent records
and approved by the City.
Subd.8 Industrial Activity. Activities subject to NPDES Industrial Storm Water Permits as
defined in 40 CFR, Section 122.26 (b)(14).
Subd.9 Maximum Extent Practicable (MEP). A standard for water quality that applies to all
MS4 operators regulated under the NPDES program. Since no precise definition of MEP exists, it
allows for maximum flexibility on the part of MS4 operators as they develop and implement their
programs to reduce the discharge of pollutants to the maximum extent practicable, including
management practices, control techniques and system, design and engineering methods, and such
other provisions as the Administrator or the State determines appropriate for the control of
pollutants.
Subd.10 MPCA. The Minnesota Pollution Control Agency.
Subd.11 Municipal Separate Storm Sewer System (MS4). The system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, channels, or storm drains) owned and operated by the City and designed or used for
collecting or conveying storm water, and which is not used for collecting or conveying sewage.
Subd.12 National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge
Permit. A permit issued by the Minnesota Pollution Control Agency (MPCA) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis.
Subd.13 Non-Storm Water Discharge. Any discharge to the storm drain system that is not
composed entirely of storm water.
Subd.14 Person. Any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner's agent.
Subd.15 Pollutant. Any substance which, when discharged has potential to or does any of the
following:
A. Interferes with state designated water uses;
B. Obstructs or causes damage to waters of the state;
C. Changes water color, odor, or usability as a drinking water source through causes
not attributable to natural stream processes affecting surface water or subsurface processes
affecting groundwater;
D. Adds an unnatural surface film on the water;
E. Adversely changes other chemical, biological, thermal, or physical condition, in
any surface water or stream channel;
F. Degrades the quality of groundwater; or
G. Harms human life, aquatic life, or terrestrial plant and wildlife; A Pollutant
includes but is not limited to dredged soil, solid waste, incinerator residue, garbage,
wastewater sludge, chemical waste,biological materials,radioactive materials, rock, sand,
dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace
metal, automotive fluid, petroleum-based substance, wastewater, and oxygen-demanding
material.
Subd.16 Pollute. To discharge pollutants into waters of the state.
Subd.17 Pollution. The direct or indirect distribution of pollutants into waters of the state.
Subd.18 Premises. Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Subd.19 Storm Sewer System. Publicly-owned facilities by which storm water is collected
and/or conveyed, including but not limited to any roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or altered drainage channels,reservoirs, and other drainage structures.
Subd.20 Storm Water. Any surface flow, runoff, or drainage consisting entirely of water from
any form of natural precipitation, and resulting from such precipitation.
Subd.21 Stormwater Pollution Prevention Plan(SWPPP). A document which describes the Best
Management Practices and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the
Maximum Extent Practicable.
Subd.22 Surface Waters. All waters of the state other than ground waters, which include ponds,
lakes, rivers, streams, wetlands, ditches, and public drainage systems except those designed and
used to collect, convey, or dispose of sanitary sewage.
Subd.23 Wastewater. Any water or other liquid, other than uncontaminated storm water,
discharged from a facility or the by-product of washing equipment or vehicles.
Subd.24 Watercourse. A ditch, stream, creek, or other defined channel intended for the
conveyance of water,runoff, groundwater discharge or similar hydraulic or hydrologic purpose.
Subd.25 Waters of the state. All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the state or any portion thereof.
1020.03 Applicability and Administration.
Subd. 1 Applicability. This ordinance shall apply to all water entering the storm sewer system
generated on any developed and undeveloped lands unless explicitly exempted by the City.
Subd. 2 Responsibility for Administration. The City and its authorized representatives are
authorized to administer,implement, and enforce the provisions of this ordinance.
1020.04 Compatibility with Other Regulations.
Subd. 1 Compatibility. This ordinance is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this ordinance are in addition to
the requirements of any other ordinance, rule, regulation, or other provision of law, and where
any provision of this ordinance imposes restrictions different from those imposed by any other
ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or
imposes higher protective standards for human health or the environment shall control.
1020.05 Discharge Prohibitions.
Subd. 1 Illegal Disposal and Dumping.
A. No person shall throw, deposit, place, leave, maintain, or keep any substance
upon any street, alley, sidewalk, storm drain, inlet, catch basin, or other drainage
structure, business place, or upon any public or private land, so that the same
might be or become a pollutant, unless the substance is in containers, recycling
bags, or any other lawfully established waste disposal device.
B. No person shall intentionally dispose of grass, leaves, dirt, or landscape material
into a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter,
inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any
fabricated natural conveyance.
Subd. 2 Illegal/Illicit Discharges.
A. No person shall throw,drain,or otherwise discharge, cause, or allow others under
its control to throw, drain, or otherwise discharge into the municipal storm sewer
system or surface water any materials, pollutants or waters containing any
pollutants, other than storm water. The commencement, conduct or continuance
of any illegal discharge to the storm sewer system is prohibited except as
described as follows:
1. The following discharges are exempt from discharge prohibitions established
by this ordinance: water line flushing or other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, rising ground water, ground
water infiltration to storm drains, uncontaminated pumped ground water,
foundation or footing drains (not including active groundwater dewatering
systems), sump pumps, crawl space pumps, air conditioning condensation,
springs, non-commercial washing of vehicles, natural riparian habitat or wetland
flows, dechlorinated swimming pools, and any other water source not containing
pollutants.
2. Discharges or flow from fire fighting, or other activities deemed necessary
by the City to protect public health and safety.
3. Consists of dye testing discharge, as long as a verbal notification is made to
the City Public Works Director prior to the time of the test.
4. Consists of non-storm water discharge permitted under a NPDES permit,
waiver, or waste discharge order issued and administered under the authority of
the Minnesota Pollution Control Agency(MPCA).
Subd. 3 Illicit Connections.
A. No person shall use any illicit connection to intentionally convey non-storm
water to the City's storm sewer system.
B. The construction, use, maintenance or continued existence of illicit connections
to the storm sewer system is prohibited. This prohibition expressly includes,
without limitation, illicit connections made in the past, regardless of whether the
connection was permissible under law or practices applicable or prevailing at the
time of connection.
C. A person is considered to be in violation of this ordinance if the person connects
a line conveying wastewater to the storm sewer system, or allows such a
connection to continue.
D. Improper connections in violation of this division must be disconnected and
redirected, if necessary,to an approved onsite wastewater management system or
the sanitary sewer system upon approval of the City.
E. Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which may be connected to the storm sewer system, shall be
located by the owner or occupant of that property upon receipt of written notice
of violation from the City requiring that such locating be completed. Such notice
will specify a reasonable time period within which the location of the drain or
conveyance is to be determined, that the drain or conveyance be identified as
storm sewer, sanitary sewer or other, and that the outfall location or point of
connection to the storm sewer system, sanitary sewer system or other discharge
point be identified. Results of these investigations are to be documented and
provided to the City.
1020.06 Industrial or Construction Activity Discharges. Any person subject to an industrial or
construction activity NPDES storm water discharge permit shall comply with all provisions of such
permit. Proof of compliance with said permit may be required in a form acceptable to the City prior to the
allowing of discharges to the MS4. Any person responsible for a property or premise, who is, or may be,
the source of an illicit discharge, may be required to implement, at said person's expense, additional
structural and non-structural BMPs to prevent the further discharge of pollutants to the storm sewer
system. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for
compliance with requirements of the NPDES permit.
1020.07 Access to Facilities
Subd.1 When the City has determined that there is a danger to the health, safety or welfare of
the public, City representatives shall be permitted to enter and inspect facilities subject to
regulation under this ordinance as often as may be necessary to determine compliance with this
ordinance. If a discharger has security measures in force which require proper identification and
clearance before entry into its premises, the discharger shall make the necessary arrangements to
allow access to City representatives.
Subd.2 Unreasonable delays in allowing the City access to a permitted facility is a violation of
a storm water discharge permit and of this ordinance.
Subd.3 The City may seek issuance of a search warrant for the following reasons:
A. If city representatives are refused access to any part of the premises from which
storm water is discharged, and there is probable cause to believe that there may
be a violation of this ordinance; or
B. there is a need to inspect and/or sample as part of a routine inspection and
sampling program designed to verify compliance with this ordinance or any order
issued hereunder; or
C. to protect the overall public health, safety, and welfare of the community.
1020.08 Watercourse Protection. Every person, or such person's lessee, owning property through which
a watercourse passes or is directly adjacent to a watercourse, shall keep and maintain that part of the
watercourse free of trash, debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or retard the flow of water through the watercourse. In addition, the owner or lessee shall
maintain existing privately owned structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity of the watercourse.
1020.09 Notification of Spills. Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency response for a facility or operation
has information of any known or suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into storm water, the storm sewer system, or water of the state, said
person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release
according to state and federal laws.
1020.10 Suspension due to Illicit Discharges in Emergency Situations. The City may, without prior
notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or
threatened discharge which presents or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to
comply with a suspension order issued in an emergency, the City may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize
danger to persons.
1645.02 Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4 in
violation of this ordinance may have their MS4 access terminated if such termination would abate or
reduce an illicit discharge. The City will notify a violator of the proposed termination of its MS4 access.
The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person
commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section,
without the prior approval of the City.
1020.11 Enforcement
Subd. 1 Notice of Violation. A violation of this ordinance is a Public Nuisance. Whenever the
City finds that a person has violated a prohibition or failed to meet a requirement of this
Ordinance, the City may order compliance by written notice of violation to the responsible
person. Such notice may require without limitation:
A. The performance of monitoring, analyses, and reporting;
B. The elimination of illicit connections or discharges;
C. That violating discharges,practices,or operations shall cease and desist;
D. The abatement or remediation of storm water pollution or contamination hazards
and the restoration of any affected property; and
E. Payment of a fine to cover administrative and remediation costs; and
F. The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set
forth a deadline within which such remediation or restoration must be completed. Said notice
shall further advise that, should the violator fail to remediate or restore within the established
deadline, the work will be done by a designated governmental agency or a contractor and the
expense thereof shall be charged to the violator.
Subd. 2 Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal
the determination of the City. The notice of appeal must be received within 7 days from the date
of the Notice of Violation. Hearing on the appeal before the City Administrator or his/her
designee shall take place within 15 days from the date of receipt of the notice of appeal. The
decision of the municipal authority or their designee shall be final.
Subd. 3 Enforcement Measures After Appeal. If the violation has not been corrected pursuant to
the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 7 days
of the decision of the City Administrator upholding the decision of the City, then representatives
of the City shall enter upon the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property. It shall be unlawful for any
person, owner, agent or person in possession of any premises to refuse to allow the government
agency or designated contractor to enter upon the premises for the purposes set forth above.
Subd. 4 Cost of Abatement of the Violation. Within 15 days after abatement of the violation,the
owner of the property will be notified of the cost of abatement, including administrative costs.
The property owner may file a written protest objecting to the amount of the assessment within 7
days. If the amount due is not paid within a timely manner as determined by the decision of the
municipal authority or by the expiration of the time in which to file an appeal, the charges shall
become a special assessment against the property and shall constitute a lien upon the property,
and the City shall have the right to assess such cost against the property owned by such
violator(s)pursuant to Minnesota Statute§ 429.101.
Subd. 5 Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to
comply with any of the requirements of this ordinance. If a person has violated or continues to
violate the provisions of this ordinance, the City may petition for a preliminary or permanent
injunction restraining the person from activities which would create further violations or
compelling the person to perform abatement or remediation of the violation.
Subd. 6 Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies
authorized by this ordinance, the City may impose upon a violator alternative compensatory
actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
Subd. 7 Criminal Prosecution. A violation of this ordinance is a misdemeanor.
Subd. 8 Costs and Expenses. The City may recover all attorney's fees court costs and other
expenses associated with enforcement of this ordinance, including sampling and monitoring
expenses.
Subd. 9 Remedies Not Exclusive. The remedies listed in this ordinance are not exclusive of any
other remedies available under any applicable federal, state or local law and it is within the
discretion of the authorized enforcement agency to seek cumulative remedies.
Effective Date. This ordinance will take effect and be in force after its passage and official
publication.
Adoption Date Passed by the Arden Hills City Council this 12th day of December, 2011.
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David Grant, Mayor
ATTEST:
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Patrick Klaers, City Administrator
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