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HomeMy Public PortalAbout216r ORDINANCE NO. 4-2 / AN ORDINANCE RELATING TO AND REGULATING THE USE OF AND ADMINISTRATION OF THE WATER AND SEWER SYSTEMS IN THE CITY OF MEDINA Establishment of Department There is hereby established a Public Utilities Division of the Department of Public Works of the City of Medina which shall be under the supervision of the Director of Public Works. The water and sewer systems as they are now consti- tuted or shall hereafter be enlarged or extended shall be operated and main- tained under the provisions of this ordinance subject to the authority of the City Council at any time to amend, alter, change or repeal the same. The Pub- lic Utilities Division shall have responsibility for the management, mainte- nance, care and operation of the sewer and water systems of the City. Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall have the meanings hereinafter designated. Biochemical Oxygen Demand (BODS) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20° centigrade in terms of milligrams per liter (mg/1). Industrial Wastewater - The liquid wastes from industrial processes, as dis- tinct from residential or domestic strength wastes. Normal Domestic Strength Waste Waste water with a BODS concentration not greater than 250 mg/1 and a suspended solids concentration not greater than 225 mg/1. Sanitary Sewer - A sewer intended to carry only liquid and water -carried wastes. Storm Sewer - A sewer intended to carry storm water, surface runoff, sub -sur- face water, ground water, drainage and unpolluted water from any source. Suspended Solids - The total suspended matter that either floats or is in sus- pension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater", latest edition. Applications, Permits and Fees No person, firm or corporation shall make any type of connection to the water system, sanitary sewer system or storm sewer system except upon making an ap- plication therefor on a form provided by the City and receiving a permit issued by the City for such purposes. The application shall include the legal description of the property to be served, the uses for which the connection is requested., and the size of the service line to be used. At the time of mak- ing such application there shall be paid to the City Clerk fees which shall be set by the City Council from time to time by resolution for the following pur- poses: 1147c Page 1. A. No connection shall be made with respect to any sanitary sewer, water system or storm sewer system serving the property of any person or oc- cupants of the land, parcel or premises affected that have not paid or provided for the payment of the full and proportionate share of the said utilitites which share shall be payable as follows: 1. The City Council may establish water, sanitary sewer and storm sewer districts and establish area charges, connection charges, lateral charges and similar charges fur each said district. No connection shall be made to the City water or sewer system until the applicant or owner pays the charge or charges noted above established by Coun- cil resolution from time to time. These charges shall be in addi- tion to any fees or charges required under subsections 2, 3 and 4. 2. For service to property to which service lines have not been previ- ously run from the street laterals to the property line, the owner, occupant or user shall pay into the City Treasury a service line charge, the amount of which shall not be less than the City's cost of making the necessary connections, taps, and installation of pipe and appurtenances to provide service to the property and the neces- sary street repairs, provided, however, with the approval of the City, the owner or applicant shall have the right to contract di- rectly with a licensed plumber for the installation and connection of the service line. 3. Prior to any connections the owner, occupant or user shall pay in cash or agree to pay charges in the form of Special Assessments to he levied against the property to be spread over a number of years to be established by the City Council and maybe coincident with the maturity requirements of any Special Improvement Bonds sold for the purpose of financing the construction of sanitary sewer, municipal water or storm sewer system serving the property. Said cash payment or assessment charge shall be in the principal amount of not less than the payments made by or charges placed against comparable prop- erties for like services for such sanitary sewer, water or storm sewer system in an amount as may be established by the City Coun- cil. Payment to the City Treasury in the form of a Special Assess- ment charge shall be in the form of equal annual installments to- gether with interest on the unpaid balance, which shall be estab- lished by Council resolution. 4. No connection shall be made to the sanitary sewer system until the applicant or owner pays a Service Availability Charge (SAC) estab- lished by the Metropolitan Waste Control Commission for the availa- bility of treatment works and interceptors comprising the metropoli- tan disposal system. B. Before proceeding with the construction, enlargement, alteration, re- pair of any water or sewer lines connecting the water system, sanitary sewer system or storm sewer system to any house or building, the owner or his agent shall first obtain a permit for such purposes from the municipality through its City Clerk. Page 2. 1147c The applicant shall pay to the City Clerk a permit fee the amount of which shall be established from time to time by Council resolution. The Plumbing Inspector shall examine allapplications before construc- tion is begun, and after the construction, enlargement, alteration or repair is complete, the Plumbing Inspector shall be notified. it shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been ap- proved by the City as a proper and suitable connection. Connection to Systems The owner of all buildings or properties used for human occupancy, employment, recreation, or other purpose, situated within the City and abutting on any street, alley or right-of-way in which there is now located a public sanitary sewer of the City, is hereby required at the owner's expense to connect such facility directly with the proper public sewer within 90 days after date of official notice to do so. New connections to the sanitary sewer system shall be prohibited unless suffi- cient capacity is available in all downstream facilities including but not limited to flow, strength and suspended solids. All users making connection to the sanitary sewer system are also subject to any additional requirements and regulations established by the Metropolitan Waste Control Commission and/or the Minnesota Pollution Control Agency. Where municipal sanitary sewer is not available, the building shall be con- nected to an individual wastewater disposal system complying with the provi- sions of the Ordinances of the City of Medina. Protection from Damage No unauthorized 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 water or sewage works. Any per- son violating this provision shall be subject to the penalty provided by this code. Delayed Connection Charge Any owner of a residence or commercial building to which sewer service is or becomes available shall be subject to an additional charge as established by Council resolution from time to time upun connection to such service if such connection is not made within the period of time which shall be established by Council resolution aftersuch service becomes available. Implied Consent to Rules, Regulations and Rates Every person applying for water or sewer service, every owner of property for which any such application is made, every person accepting water or sewer ser- vice and every owner of property where such service is accepted subsequent to the passage of this ordinance shall be deemed upon making such application or Page 3. 1147c accepting such service to consent to all rules, regulations and rates as estab- lished by this ordinance and as may hereafter be set forth and adopted by the City Council by resolution or ordinance. Installation of Connections A11 connections to the water system or sanitary sewer system shall be per- formed by a plumber licensed to do plumbing in the City of Medina; except that nothing in this ordinance shall be construed as to prohibit an individual own- er from obtaining a permit to connect to an existing service line located totally within the owner's property and installing such connection by his own labor provided, however, that said constructin is conducted under the regula- tions of this ordinance and all other City Ordinances and applicable Statutes of the State of Minnesota and requirements of the City Engineer and City Plumbing Inspector. Liability for Repairs After the initial connection has been made to the curb stop or the sewer lead the applicant, owner or the occupant or user of such premises shall be liable for all repairs required to any water line or any sanitary or storm sewer lines necessary for connection of the premises to the street main, including any repairs necessary to the curb stop box and any necessary street repairs; it shall be the responsibility of the applicant, owner, occupant or user to maintain the stop box at such height as will insure that it remains at the finished grade of the land or property. Leak in Service Line Any owner, occupant or user of a premises who shall discover a leak in a ser- vice line to the premises shall notify the City Office within twenty-four (24) hours. Any water wasted due to failure of such person to comly with this reg- ulation shall be estimated by the City Clerk and be charged for against the owner at such premises at the established rate. City not Liable The City shall not be held liable at any time for any deficiency or failure in the supply of water to the customer whether the same be occasioned by shutting off the water for repairs or connections or for any cause whatever. Emergency Regulations The City Council may impose emergency regulations pertaining to the conserva- tion of water by resolution of the City Council and by giving notice by publi- cation or by posting in the City Hall and at such public places as the Council may direct. Whenever the City Council determines that a shortage of water supply threatens the City, it may, by resolution, limit the times and hours during which City water may be used for sprinkling, irrigation, car washing, and other external purposes. After publication of a Notice setting forth the restrictions for use of water for said purposes, no person shall use or permit water to be used Page 4. 1147c in violation of the resolution and any customer who does so, shall be charge such sum as established by resolution for each day of violation and the charge shall be added to the customer's next water bill. Continued violation shall he cause for discontinuance of water service. Right to Enter Land The City of Medina by any authorized employee or agent shall have the right to enter and be admitted to any lands and property in the City at any reasonable hour for the purpose of inspection of materials, plumbing work and fixtures of all kinds used by or in connection with the water and sewer systems. Private Water not Permitted in City System Whenever any premises are connected to the City water system, there shall be maintained a complete physical separation between the City water supply system and the private water supply system so that it is impossible to intentionally or unintentionally allow any water produced by a private system to be intro- duced in the supply line from the City system. Storm Water not Permitted in Sanitary Sewer System It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storm water, surface water, ground water, well water or water from air conditioning systems to drain into the sanitary sewer system of the City of Medina. No rain spout, or other form of surface drainage and nu foundation drainage or sump pump shall be connected or discharged into any sanitary sewer. Prohibited Wastes into Sanitary Sewer System A. Waste Discharge Regulations: No person, firm or corporation shall discharge any waste, or cause or al- low any waste to be discharged into the sanitary sewer system unless in accordance with the following regulations: 1. Treatment of Prohibited Waste Where it is determined that any waste discharged or to be discharged has certain characteristics or elements which are or may be harmful to the structures, processes ar operation of the sanitary sewer system or persons operating it, the City may: a. Reject the waste. b. Require pretreatment to an acceptable condition for dis- charge to the public sewers, pursuant to Section 307 (b) of the Clean Water Act and all addendums thereof. c. Require control over the quantities and rates of discharge, and/or, d. Require payment to cover added costs of handling, treatment and disposal based on the formula as adopted by the Metro- politan Waste Control Commission. Page 5. 1147c 2. Limitations on Discharge Nu person, firm or corporation shall discharge or cause, or allow to be discharged into the sanitary sewer system any waste containing concen- trations in excess of the following: Pollutant Limitation (Maximum for any operating day) Cadmium 2.0 mg/1 Chromium, total 8.0 mg/1 Copper 6,0 mg/1 Cyanide, total 4.0 mg/1 Lead 1.0 mg/1 Mercury 0.1 mg/1 Nickel 6.0 mg/1 Zinc 8.0 mg/1 Temperature 650C (1500F) pH 5.0 - 10.0 3. Exclusion of Wastes No person, firm or corporation shall discharge or cause or allow to be discharged into the sanitary sewer system any waste which contains any of the following: a. More than one hundred (100) mg/1 of fats, wax, grease or oils (hexane soluble), whether emulsified or not, or containing substances which may solidify or become viscous at tempera- tures between 320 and 1500 F (00 and 650C) at the point of discharge into the sewer system. b. Liquids, solids, or gases which by reason of their nature or quantity are or may be sufficient to cause fire or explosion or be injurious in any other way to the sanitary sewer system or to the operation of the system. At no time shall two (2) successive readings on an explosimeter, at the point of dis- charge into the sewer system, be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Ex- plosive Limit (L.E.L.). c. Any noxious or malodorous solids, liquids or gases, which either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to like, or are or may be sufficient to prevent entry into a sewer for its mainte- nance and repair. d. Any toxic substance, chemical elements or compounds in quanti- ties sufficient to interfere with the biological processes of efficiency of treatment works, or that will pass through a treatment works and cause the effluent therefrom or the water into which it is discharged, to fail to meet applicable State or Federal Standards. Page 6. 1147c e. Garbage that has not been ground or comminuted to such a de- gree that all particles will be carried freely in suspension under flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any di- mension. f. Radioactive wastes or isotopes or such half-life of concentra- tions that they are in noncompliance with present or future regulations issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the system or personnel operating it. g• Solids or viscous wastes which will or may cause obstruction to the flow in a sewer, or other interference with the proper operation of and disposal system, such as grease, uncomminuted gargage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas tar, asphalt, residues from refining or processing of fuel or lubricating oil, gaso- line, naphtha, and similar substances. h. Any waste from septic tanks or similar facilities. i. Any mineral acids, waste acid pickling or plating liquors from the pickling or plating of iron, steel, brass, copper or chromium, or any other dissolved or solid substances which will or may endanger health or safety, or attack or corrode any part of the sanitary sewer system. J• Liquids or vapors having a temperature higher than 1500 F immediately prior to discharge into the sewer system. k. Phenols or other taste - or odor -producing substances in con- centrations which will or may cause the effluent from the treatment works or the water into which it is discharged to fail to meet applicable State or Federal standards. 1. Materials which exert or cause: 1) Unusually high concentrations of inert suspended solids or of dissolved solids. 2) Excessive discoloration. 3) Unusually high volume of flow or concentration of waste exceeding five (5) times the average daily concentration of flow during normal operation. m. Unusually high concentrations of suspended solids, BOD, COD, or chlorine requirements, in such quantities as to constitute a significant load on the treatment works. Page 7. 1147c n. Any substance which is not amenable to treatment or reduction by the type of sewage treatment processes employed to a degree sufficient to permit the effluent from the treatment works and the water into which it is discharged to meet applicable State and Federal standards. 4. Grease, Oil & Sand Traps: Grease, oil and sand interceptors shall be provided, when deter- mined necessary by the City, to properly handle liquid wastes containing excessive amounts of floatable grease, flammable waste, sand or other harmful ingredients. A11 interceptors shall be readily and easily accessible for cleaning and inspection. The owner shall be responsible for constructing and maintaining these interceptors and for the proper removal and disposal of captured materials. 5. Monitoring and Inspection: Where required by the City, the owner of any property served by a building sewer carrying industrial waste shall install a suitable structure on the building service line with necessary appurte- nances to facilitate observation, sampling and measurement of wastes. The structure shall be installed by the owner at his ex- pense in accordance with plans approved by the City and shall be maintained by the owner to be safe and accessible at all times. The owner of any property serviced by a building sewer carrying industrial may, at the discretion of the City, be required to provide laboratory measurements, tests or analysis of waters or wastes to illustrate compliance with this Ordinance and any spe- cial condition for discharge established by the City, Metropoli- tan Waste Control Commission or regulatory agencies having juris- diction over the discharge. A11 measurements, tests or analyses of waters and wastes shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association. 6. Right to Inspect: The City through its duly authorized representative or employ, bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observa- tion, measurement, sampling and testing pertinent to the dis- charges to the City's sewer system. The City shall be provided information concerning industrial pro- cesses which have a direct bearing on the type and source of dis- charge to the wastewater collection system. Page 8. 1147c Water Meter Regulations A. Before any water conveyed through the municipal water system shall e used or utilized on the land or premises of any person, firm or corpo- ration, there shall first be installed a water meter that will accur- ately measure the water consumed on the premises, except and unless such installation shall be exempted by the City. B. A11 applications for the installation, maintenance and repair of water meters shall be made to the City Clerk, who shall proceed to comply with such application within a reasonable time thereafter. All meters installed shall be furnished by the City and shall remain the property of the City of Medina. Regulations for the cost of furnishing and use of water meters shall be established by Council resolution. C. No person, firm or corporation other than the City of Medina or its de- signee, shall install, maintain or repair any water meter within the City limits. Every water meter connected to the water system shall be sealed by or under the direction of the City clerk or City Department of Public Works and no person, firm or corporation shall break or re- move such seal; provided, however, that a plumber licensed to do busi- ness in the City of Medina may break such seal or remove such meter for necessary repairs, in all cases where a seal is broken or a meter is removed by a licensed plumber, such plumber shall notify the City Clerk of the fact within twenty-four (24) hours after the seal is broken or the meter is removed. Whenever any seal attached to a water meter by or under the direction of the City Clerk or City Department of Public Works is found broken, the broken condition of such seal shall be a prima facie evidence that such seal was broken contrary to the terms and provisions in violation of this ordinance. D. A11 water meters connected to the water system shall be accessable to the City Clerk or City Department of Public Works or designee at any reasonable hour of any business day and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after such owner or occupant has been notified that admission is de- sired for the purpose of inspecting a water meter installed in said premises shall constitute a violation of this ordinance. E. Water meters shall be repaired or replaced from time to time as is necessary to insure accurate measuring of the flow of water. The cost of said repair or replacement shall be borne by the City except that whenever a meter has been damaged due to negligence on the part of per- sons other than the employees of the City, the owner, occupant or user of the premises or such other person desiring the use of the water shall reimburse the City for the expense of repairing or replacing any such meter. Upon failure to reimburse the City within a reasonable time and upon demand therefore, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the City. Page 9. 1147c F. It shall be unlawful for any person to tamper with, alter, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter within the City. G. If a meter fails to register or accurately measure the water, the charge for water consumed shall be paid for at the established rate based upon past average billings as determined by the City Clerk. H. Whenever a water user questions the accuracy of the meter, and desires that hs meter be tested, he shall pay a fee the amount of which shall be established from time to time by Council resolution, if the meter tests accurate within a range of minus 3 percent to plus 11 percent. If it is not accurate within this range, no charge will be made for testing and an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate, not to exceed two (2) billing periods. Purchased Water not Entering Sewer. System If the lot, parcel of land, or premises discharges sewage or industrial waste into the sanitary sewage system, either directly of indirectly, and it can be shown to the satisfaction of the City Council that a portion of the water mea- sured by the water meter does not and cannot enter the sanitary sewage system, then, and in that event, the City Council may permit or require the installa- tion of other or additional meters in such a manner that the quantity of water which actually could enter the sewer system may be determined. In such case the charges or rates shall be based upon the amount of water which can enter the sanitary sewage system. Meter Readings A. The City Council may provide a system of water meter reading by post card, meter person, or any other method deemed suitable to the purpose by the Council. The Council may also establish billing areas or dis- tricts and provide for the reading of meters and billing charges by calendar quarters or monthly or such periodic intervals as the City Council shall determine suitable and necessary from time to time by resolution; provided, however, where meter reading is done by post card the City Council may establish a penalty for failure to return water meter reading card within the time designated on said card by Council resolution. B. The City reserves the right to discontinue service to any customer of the water and sanitary sewer system without notice when necessary for repairs, additional connection or reconnection. The City reserves the right to discontinue service to any customer of the water and sanitary sewer system with notice as hereinafter provided for non-payment of charges or bills or for disregard of any rules or regulations in connection with the use or operation of said system. Page 10. 1147c The service of water or sanitary sewer shall not be shut off until notice and an opportunity for a hearing have first been given to the occupant and owner of the premises involved. The notice shall be per- sonally served and shall state that, if payment is not made before the date stated in the notice, but not less than ten days after the date upon which the notice is given, the water supply to the premises will be shut off. The notice shall also state that the occupant may, before such date, demand a hearing before the City Council, in which case the supply will not be shut off until after the hearing is held. If, as a result of the hearing, the City Council finds that the amount claimed owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in ac- cordance with the ordinance, the City may then shut off the supply. Whenever any service has been discontinued for non-payment of charges or bills or for disregard of any rules or regulations in accordance with the procedures set forth above, it shall not be resumed except upon payment of the charges or bills accrued together with interest thereon, at a rate to be determined by Council resolution from time to time or compliance with the rules and regulations previously violated and payment to the City of restoration fee, the amount of which shall be set by the City Council from time to time by resolution. Billing Regulations The City Council shall have the authority to prescribe by resolution the rates to be charged for water and sewer service to the customer from time to time and may prescribe the date of billing, a discount for payment within a pre- scribed period and/or penalty for failure to pay within such period and such further rules and regulations relative to the use and operation of such sys- tems as it may deem necessary from time to time. A11 accounts shall be car- ried in the name of the owner who shall personally, or by his authorized agent, apply for such service. The owner shall be liable for water supplies and sewer service to his property whether he is occupying the property or not and any unpaid charges shall be a lien upon the property. Rate Determinations The purpose of this section is to establish a procedure to recover from users of the City facilities, on an equitable basis, the share of City costs attrib- utable to such users and to provide funds for the operation and maintenance, debt service and replacement. The service charges shall be based on the volume of water used and wastewater discharged and subject to the provisions of the Metropolitan Waste Control Commission strength charge system for wastewater discharges. The basic formula for rate determinations shall be as follows: 1. SC = DC + UC 2. DC = (DCR) (v) 3. UC = (UCR) (V) Page 11. 1147c Where: SC = Service Charge, which means the aggregate of all charges including the user charge, debt service charges and other related charges billed periodi- cally to users. DC = Debt Service Charge, which means the principle and interest necessary to pay bonded indebtedness. UC = User Charge, which means a charge levied on users fur cost of operation, maintenance and replace- ment. DCR = Debt Charge Rate in terms of $ per 1000 gallons. UCR = User Charge Rate in terms of $ per 1000 gallons. V = Volume of metered water per connection. Accounting Procedures: A11 invoices and records of funds received and expenses for operation, mainte- nance and replacement for the water and sewer systems shall be maintained in separate accounts. These accounts shall be separate from any revenues gener- ated for debt service for each of the systems. Annually, the water and sewer service charge rates shall be reviewed and ad- justed by the City Council to reflect the actual costs of operation, mainte- nance, replacement and debt service. In addition, the user charge rates for operation, maintenance and replacement will be revised to accomplish the fol- lowing: 1. Maintain the proportionate distribution of operation and maintenance costs among users and user classes; 2. Generate sufficient revenue to pay the total operation and maintenance costs necessary to properly operate and maintain the system; 3. Apply excess revenues collected from a class of user to that class of user for the next year and adjust the rates accordingly. Water and sewer services charges provided for in this Ordinance shall be in- cluded as separate items on regular bills. The City shall annually make known to all users the portions of the service charges necessary to meet the opera- tion, maintenance and replacement cost and which portion is necessary to meet debt service for each system. Establishment of Tax Lien In the event a water or sewer bill, whether incurred prior or subsequent to the passage of this ordinance, is unpaid after the due date as established by Council resolution from time to time, the bill shall be considered delinquent and the service may be discontinued as provided above and the City Council may cause the charges noted in such billing to become a lien against the property served by certifying to the County Auditor the amount of said delinquent bill in accordance with the statutes of the State of Minnesota. Such action is op - Page 12. 1147c tional and may be subsequent to taking legal action to collect delinquent ac- counts. Separability of Sections In the event any provision of this ordinance shall be held invalid or unen- forceable by any court of competent jurisdiction, such holding shall not in- validate or render unenforceable any other provision hereof. Penalty Provision Any person who shall do or commit any act that is forbidden by the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the applicable penalties therefore. Effective Date This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Medina this L`- , 1984. ATTEST: Donna Roehl, Clerk Mayor day of Page 13. 1147c