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HomeMy Public PortalAbout581 Ordinance Amending Sections of Chapter 7 of the Code of Ordinances Regarding Public and Private UtilitiesCITY OF MEDINA ORDINANCE NO.581 An Ordinance Amending Sections of Chapter 7 of the Code of Ordinances Regarding Public and Private Utilities The City Council of the City of Medina ordains as follows: SECTION I: Medina Code Section 700 is amended by deleting the stricken material and adding the double -underlined material as follows: Section 700.01. Sewer Code Defined. Sections 700.01 through 715.13 710.47 inclusive, shall comprise and be referred to hereinafter as the Sewer Code. Section 700.03. Definitions. Unless the context specifically indicates otherwise, the meaning of terms in the Sewer Code shall be as follows: Subd. 1. Sewage Work shall mean all facilities for collecting, pumping, treating and disposing of sewage. Subd. 2. Sewage shall mean a combination of the water -carried wastes from residences, business buildings, institutions, and industrial establishments. Subd. 3. Sewer shall mean a pipe or conduit for carrying sewage. Subd. 4. Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights and is controlled by public authority. Subd. 5. Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Subd. 6. Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. Subd. 7. Sewer Treatment Plant shall mean any arrangement of devices and structures used for treating sewage. Subd. 8. Industrial Wastes shall mean the liquid wastes from industrial processes as distinct from sanitary sewage. Subd. 9. Garbage shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce. Subd. 10. Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles Ordinance No. 581 1 July 7, 2015 will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension. Subd. 11. Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning 5 feet outside the inner face of the building wall. Subd. 12. Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal. Subd. 13. ►tmg. Carbonaceous Biochemical Oxygen Demand (CBOI)5) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees C., expressed in parts per million by weight. present in wastewater as measured according to the latest edition of Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. Subd. 14. Ph shall mean the logarithm of the weight of hydrogen ions in grams per liter of solution. Subd. 15. Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which are removable by laboratory filtering. Subd. 16. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. Subd. 17. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. Subd. 18. Person shall mean any individual, firm, company, association, society, corporation or group. Subd. 19. Shall is mandatory; May is permissive. Subd. 20. Plumber means that all references to plumber within this ordinance, unless otherwise stated within the context of this ordinance, shall mean a Master Plumber shall be licensed and bonded as described in Chapter 326 of Minnesota Statutes. Subd. 21. City shall mean the City Council or any authorized agents or representatives of the City, including employees of the City acting within the scope of their employment. Section 700.05. 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 sewage works. Any person violating this provision shall be subject to the penalty provided by this code. Ordinance No. 581 2 July 7, 2015 Section 700.07. Powers of Inspection. The City Engineer and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of the Sewer Code. Section 700.09. Loss to City. Any person violating any of the provisions of the Sewer Code shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. Section 700.11. Use of Public Sewers Required. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the City of Medina, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. Section 700.13. Sewage Treatment. It shall be unlawful to discharge into any natural outlet within the City of Medina, or in any area under the jurisdiction of said City, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with provisions of the Sewer Code. Section 700.15. Use of Public Sewer Required. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Section 700.17. Toilet Facilities. The owner of all houses, 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 or may in the future be located a public sanitary sewer of the City, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of the Sewer Code, within 90 days after date of official notice to do so, provided that said public sewer is located in the street or alley of abutting property. Section 700.19. Discontinue Septic Tanks and Cesspools. The owner of all houses, buildings or properties where cesspools and septic tanks have been in existence prior to the construction of the sanitary sewer, shall connect with the public sewer within 90 days of official notice to do so. In the event that a hardship exists with respect to fulfilling the requirements contained in this section, it is required that the owner submit a request for a time extension in writing to the City Council z=t: its determination and decision as to whether a hardship does exist and whether an extension of time shall be granted. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet. Section 700.21. Draining Private Systems. The contents of septic tanks cannot be pumped into the public sewer system or in any manner emptied into said public sewer system. Ordinance No. 581 3 July 7, 2015 Section 700.23. Filling. Filling of any cesspool, septic tank or similar tanks shall not commence until permission has been granted by the Building Inspector. All discontinued cesspools and septic tanks shall be filled with soil. Section 700.25. Private Systems. Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of the Individual Sewage Treatment Code. Section 700.27. Permits Required for Public Sewer Connections. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Building Inspector and otherwise complying with the terms of this chapter. Section 700.29. Supervision. No plumbing shall be done except under direct supervision of a Master Plumber when said plumbing is connected with a public sewer. Section 700.31. Bonds. Permits for building sewers and connections shall be taken out by a Master Plumber, who shall be licensed and bonded as described in Chapter 326 of Minnesota Statutes. Section 700.33. Insurance. Prior to the commencement of construction work such Master Plumber shall maintain insurance as described in Chapter 326 of Minnesota Statutes. Should the insurance coverage hereinbefore provided be inadequate in amount then such Master Plumber shall himself indemnify and save harmless the City and all of its officers and employees. Section 700.35. Permits. The owner or agent shall make application for a permit on a form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information which the City Engineer may reasonably require. The applicant shall certify whether the building sewer will carry residential, commercial or industrial wastes. Section 700.37. Fees. A permit and inspection fee for a sewer permit shall be paid to the City Clerk Treasurer of Medina at the time the application is filed, in an amount determined by City Council resolution fee schedule. Section 700.39. Permit Card. The City shall furnish a Permit Card with a permit number which shall be prominently displayed on property where sewer connection is being made; said card shall be displayed for the duration of the work. A Deferred Connection Charge pursuant to M.S.A. 111.075, fixed by reference to the portion of the cost of sewer and water improvements paid by other premises similarly benefited within the to Sanitary Sewer and/or Public Water lines of any- pr ia11y benefted by Sanitary for such benefit. Ordinance No. 581 4 July 7, 2015 amount of the Deferred Connection Charge levied pursuant to Section 700.41 hereof for premises lying within the Independence Beach Sanitary Sewer and Water Project shall be as follows: Su-b f Sifigl l, F^.;ly J Y 1 rlet r rr.1.;,.n+;.... +b.eF ,.�'laavin ... ..__ ll +L7n a (a) Sanitary Sewer Unit Charge, $2,708.40, (b) Water Unit Charge, $1,809.60, (c) Sanitary Sewer Charge per front foot in excess of 120 feet, $22.50, (d) Water Charge per front foot in excess of 120 feet, $15.08. Ste. 2. Multiple Dwelling Uni+ lAny pareel4et rpliy;. a fi t f t, f + fees: (a) Sanitary Sewer Unit Charge per Dwelling Unit, $2,166.72, (b) Water Unit Charge per Dwelling Unit, $1,117.68, (c) Sanitary Sewer Charge per front foot in excess of 210 feet, $18.06, TY- ifer--Ghafgeiler-fFefit--€ee#-in-e-x-eess-ef-24a eeh-$4-2A)6 AnP-third of ai aefe- ndi rle + h a + c + r 1 r T t f ll 1 ,� Q' p Ij,,�,� �'_^Y V LL^1N1V1f41�y � �� , p S^++;+n.-., Cyo.t.er vTuiiZ�llafgei,'zjTVO�I'PT'�WateEGliaFge-��terit- e t $TTPtl extension of Water er Saraitar-y Sewer Line.. is specially bene t-e �-• *tee fidepe a h W�tw Cunnl�r iv + c •+ C r + + (a) For Water, for each Dwelling Unit or Commercial Unit, an amount calculated by the City Engineer and obtained by adding all original costs of the Independence Beach Water Supply System and dividing by 134, (b) Fe f c anit- ,..., Sewe ., e o,,,,t, '- wellipg- T..:+ Ge f nercial Unit, an amount calculated by the Git.jEfiginee .,a t tai e-eests-f t- e�}f�ep ,1 n, 1. c + a er-cri cnacirc" me fc-ept ,,- an- T i ft S+.�+iefis .,tea ,7;.,;,1;.� vN�Va uu Section 700:45 700.41. Owner to Pay Expense. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Section 7-40A 7 700.43. Separate Sewers. A separate and independent building sewer shall be provided for every building. Section 70041 700.45. Old Sewers. Where any pipe or material other than extra heavy cast iron pipe, or vitrified clay pipe Schedule 40 Polyvinyl Chloride (``PVC") or Ductile Iron Pipe ("DIP" is encountered in the existing building drain or building sewer, it shall be replaced with pipe meeting the requirements of this ordinance city engineering specifications and/or the state building code. Ordinance No. 581 5 July 7, 2015 Section f 700.47. Crossing Cesspools and Septic Tanks. Building sewer pipe may be laid across existing cesspools and septic tanks providing pipe rests on a steel reinforced concrete slab, which ends rest directly on the concrete block walls. The two center sections of a regular cesspool cover laid parallel with each other may be used. Section 700.53 700.4. Elevation. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Section 700.55 711. Lifts. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged from the building. Section 700.57 700.53. Excavations. All excavating required for the installation of a building sewer shall be open trench work unless otherwise approved by the City Engineer. Pipe laying and backfill shall be performed in accordance with rules and regulations of the City of Medina. No backfill shall be placed until the work has been inspected and approved. Tunneling may be permitted but no tunnel shall exceed six (6) feet in length and the pipe shall be installed so as to permit inspection of all joints. Section 700.59 700.55. Sewer Service Pipe. All sewer service pipes shall be extra heavy cast inches Sschedule 40 PVC or DIP and must be installed according to city engineering specifications and/or the state building code. Section 70041 700.57. Joints. All joints and connections shall be made gas -tight and water- tight. Subd. 1. Lead. Lead shall be run in one pouring and caulked tight. No paint, varnish, or th t- ,, 1, 4, itte the „tif �te t-i fto the ;,, „,. t ,,, bee tested and approved. J accordance with the manufacturer's instructions. Subd. 3. Joints. All joints in vitrified clay pipe sh l b crrM Elesi fiat f r-n7c 60T Type I or Type III specially molded integrally with the pipe. Joints between such vitrified as specified below. Ordinance No. 581 6 July 7, 2015 F.) degrees Fahrenheit, nor be soluable in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp, or similar approved material. Section 700.65. Connections, "Y" Branch. The connection of the building sewer into the n,,bli sevief stial be .raao at the existing service sewer lcNad, if such is available at a suitable location. If the public sewer is twelve (12) inches in diameter or less, and no properly located sewer lead is available, the owner shall, at his expense, install a "Y" branch in the public sewer at the location specified and as directed by the City Engineer. Where the public sewer is greater than 12 inches in diameter, and no properly located "Y" branch is available, a n at hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at angle-of-aheet_fe degrees-;re-degf e'er` �1_ifiay_-14e_used te_gzake_seeh connection with t e sp.g: * ene eut s n t; exteft€. past th f th b.l The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, nwt joint shall be made, and the f r tlae e o,.tie efil .w he approved by the City Engineer. Section 700767 700.59. Permit Required. No person shall in any way open or cut a public street to connect to a "Y" branch without first acquiring a written permit from the City of Medina. Section 7004,9 700.61. Connections, Where Sewers Provided. Sewer service leads have been provided for each separate structure and all connections to the public sanitary sewer shall be made where sewer service leads have been installed. Connection with the public sanitary sewer at any other location must be approved by the City Engineer prior to starting of any construction. In the event the sewer service leads which have been installed cannot be used, then the property owner shall pay the full cost of making the connection elsewhere. Section 700.71 700.63. Inspection. The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City or its representative. Section 700.73 700.65. Guards, etc. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City, at the applicant's expense. SECTION II: Medina Code Section 701 is amended by deleting the stricken material and adding the double -underlined material as follows: Section 701.01. Use of Public Sewers; Surface Waters. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage including water from a sump pump, cooling water or unpolluted industrial process waters to any Ordinance No. 581 7 July 7, 2015 sanitary sewer. Discharge of water from a sump pump shall be accomplished in a manner consistent with regulations adopted by the Section 701.03. Storm Sewers. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the City Council. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the City Council, to a storm sewer, or natural outlet. Section 701.05. Prohibited Wastes. Except as hereinafter provided, no person shall discharge or cause to be discharged any material which may adversely affect the public sewer system, including but not limited to the following described waters or wastes to any public sewer: Subd. 1. Any liquid or vapor having a temperature higher than 150 degrees F. Subd. 2. Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil, or grease. Subd. 3. Any gasoline, benzene, ilaplita naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. Subd. 4. Any garbage that has not been properly shredded. Subd. 5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. Subd. 6. Any waters or wastes having a Ph lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. Subd. 7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant. Subd. 8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. Subd. 9. Any noxious or malodorous gas or substance capable of creating a public nuisance. Section 701.07. Grease, etc. Subd. 1. Grease, oil, and sand interceptors shall be provided when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any Ordinance No. 581 8 July 7, 2015 flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All such interceptors shall be of a type and capacity approved by the City Engineer, and shall be located as to be readily and easily accessible for cleaning and inspection. Subd. 2. Construction. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas -tight and watertight. Subd. 3. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Section 701.09. Restricted Wastes. The City Engineer may restrict, condition or prohibit the admission into the public sewers of any waters or wastes: Subd. 1. having a ,y. Bie leth ea Oxygo., Demand CBOD5 greater than 300 parts 200 milligrams per liter (mg/1), and/or Subd. 2. containing more than 350 parts per million by weight 250 mg/1 of total suspended solids, and/or Subd. 3. containing any quantity of substances having the characteristics described in Section 700.77 701.05, and/or Subd. 4. having an average daily flow greater than 2% of the average daily sewage flow of the City. Section 701.11. Reduction of Waste. Subd. 1. The owner shall provide at his expense, such preliminary treatment as may be necessary to, (a) reduce the Biochemical Oxygen Demand CBOD5 to 200 arts „e- millie �• ..zeig t milligrams per liter (mg/11, and the total suspended solids to 350 parts per million by weigh 250 mg/1, and/or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 8-54 701.05, or (c) control the quantities and rates of discharge of such waters or wastes. Subd. 2. Submission to MWCC. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Engineer and of the Metropolitan Waste Control Commission, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Ordinance No. 581 9 July 7, 2015 Section 701.13. Preliminary Treatment. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his their expense. Section 701.15. Manholes. The owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Engineer. The manhole shall be installed by the owner at his their pensc expense, and shall be maintained by him the owner so as to be safe and accessible at all times. Section 701.17. Tests. All measurement tests and analyses of the characteristics of waters and wastes to which reference is made in Sections 853 and 856 701.09 and 701. " shall be determined in accordance with methods employed by the Minnesota Department of Health, and shall be determined at the control manhole provided for in Section 858 or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Section 701.19. Agreement with City. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to and in exchange for, payment therefor by the industrial concern. Section 701.21. Industrial User Strength Charge. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the "Commission"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes, Section 473.121, subdivision 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served. Section 701.23. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste Ordinance No. 581 10 July 7, 2015 treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge"). Section 701.25. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section 86-2 101.23 hereof, there is hereby established, approved and adopted in compliance with the Act the same strength charge formula designated in Resolution No. 76-172 adopted by the governing body of the Commission on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. Section 701.27. Strength Charge Payment. It is hereby approved, adopted and established that the Strength Charge established by Section 862 701.23 hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day vext succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of two- thirds of one percent (2/3%) per month on the unpaid balance due. Section 701.29. Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 862 701.23 hereof is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer Strength Charge, plus accrued interest established pursuant to Section 864 hereof, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer Strength Charge and interest thereon under any other available remedy. Section 701.31. Definition Governing Rules and Rates for Sewer Charge. Unless the language clearly indicates that a different meaning is intended, the following terms and phrases shall be given the meaning set out below for the purposes of this ordinance: Subd. 1. Normal Sewage is water -carried waste products from residences, public buildings, business or industrial establishments, schools, or any other buildings or structures, including the excrementitious excrement or other discharge from human beings or animals, together with such ground water infiltration as may be present. Subd. 2. Industrial Waste is any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing, trade, or business, as well as the development of any natural resource or any similar activity. Subd. 3. Average Unit is defined as a building containing three people. Ordinance No. 581 11 July 7, 2015 Section 701.33. Rates. Subd. 1. The following rates and charges for use and service of the sanitary sewer system are hereby established, such charges and rates to be made against each lot, parcel of land, unit or premises which may have a connection directly or indirectly into the City sanitary sewer system and which discharges only normal sewage into such system. Subd. 2. Minimum Charges. The minimum charge whether use of water is metered or not shall be set by Resolution of the City Council. Subd. 3. Flat Charges. Where the rate is not based upon the metered use of water, flat charges shall be set by Resolution of the City Council. Subd. 4. Extraordinary Charges. Notwithstanding any other provision of this ordinance to the contrary, the rate for discharge of water from any extraordinary source into the sanitary sewer system shall be established by Resolution of the City Council. Subd. 5. Metered Flow Charges. For all residential premises where the rate is to be based on the metered flow of water, the rate shall be set by Resolution of the City Council. Subd. 6. Rate -Industrial Waste and Large Units. On each lot, parcel, premises, or unit not enumerated herein, the use of water shall be metered and the rate shall be the same as that provided in the City Council rate Resolution. Section 701.35. Metering Water Supply in Lieu of Flat Charge. A meter recording the use of water may be installed on any non-residential lot, parcel, premises or unit enumerated in this ordinance and thereafter the rate shall be based upon such use of water. The City Council, may by resolution, require and order the installation of such meter on any such lot, parcel, premises or unit or class thereof where it shall determine that the aforementioned flat charges are impractical to apply, or result in inequitable charges because insufficient or excessive; and thereafter the rate shall be based upon such use of water. Section 701.37. Installation of Meter. Any water meter installed for use or used as a basis for the computation of sewer rates shall be installed and maintained in good operating condition at all times. The City shall purchase the water meter, external unit and attachment horn on behalf of the owner, but the owner shall reimburse the City for the cost of the water meter, external unit and attachment horn upon receipt of the water meter, external unit and attachment horn. The City shall at its own cost maintain the water meter, external unit and attachment horn, provided, however, that if there is tampering with the water meter, external unit and attachment horn, then the owner shall be charged with the cost of maintaining the water meter, external unit and attachment horn. Ordinary wear and tear of the water meter, external unit and attachment horn shall not constitute tampering by the owner. Installation of and maintenance of such meter shall be made in accordance with the plumbing regulations of this City. Section 701.39. Water Used Not Entering Sewer Systems. If the lot, parcel of land, or premises discharges normal sewage or industrial waste into the sanitary sewage system, either Ordinance No. 581 12 July 7, 2015 directly or indirectly, and it can be shown to the satisfaction of the City Council that a portion of the water measured 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 installation 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. Section 701.41. Supplying Information. The owner, occupant or person in charge of any premises shall supply the City with such information as the City may reasonably require related to use of water, use of sewer, or sewer rates. Willful failure to provide such information or willful falsification of such information shall constitute a violation of this ordinance, as shall willful failure to comply with any requirement or order issued pursuant to this ordinance. Section 701.43. Estimated Bills. If the owner, occupant or person in charge of any premises shall fail or refuse to provide information as provided in Section 701.41 hereof, or shall fail or refuse to comply with any requirement of this ordinance, the proper charge for such premises shall be estimated and billed in accordance with such estimate. Section 701.45. Beginning Service. For a fraction of a uarter month the charges and rates for nonmetered units shall be based upon the amount of the established flat charge, provided, however, that the actual of beginning shall be considered as having begun on the first or the fifteenth of the month, whichever is closer. Section 701.47. Subd. 1. The City Council may by resolution adjust any of the charges set forth in this ordinance upon recommendation of the City Engineer or other employees of the City, based upon the actual costs to the City, of the service and facilities being provided. Subd. 2. The provisions of the preceding subdivision notwithstanding, the City Council may resolution adjust the charges made hereunder to any person, firm or corporation, upon recommendation of the City Engineer or other employees of the City, based upon the degree or extent of treatment required before such sewage is introduced into the Municipal Sewer System. eetie 49 -Seiyer-Distri S�l�n��ei;�e� Bii•#e d. • ,� a shown on the plat thereof pr-epar-ed by William-T-4�:'�eensu' eel neh ,ubsequently arranged by the City Council. c,_ b enndenee-gewer-Bistriet-Establ s#ed,—Thefe-is --� id established a Sanitary Sewer district in the City of Medina to be known -as - Independence Sewer District, the boundaries of which shall be as follows: The actual boundary lines of this District are shown on the plat thereof prepared by McCombs Ordinance No. 581 13 July 7, 2015 which is dated , or as subsequently arranged by the City Council. ub - Seiver-BistFiet- stablished. 'T er-e iste and established a Sanitary Sewer district in the City of Medina to be known as the Merlin a -Me ingside--Sewer-Drstiil e-bvnndccFies- fwzhieh-shaii b f 11 Tl, aettkra - beunElary-4ines-ef- his-Distric- --ar-e--stew i--en-th ftlat t-her- - e,-eE- by McCombs Knutson, consulting engineer, and which plat is on file with the City Cleric Treasurer and which is dated , or as subsequently arranged by the City Council. SECTION III: Medina Code Section 710 is amended by deleting the stricken material and adding the double -underlined material as follows: Section 710.01. Definitions. For the purposes of this section, the following terms shall have the meanings given to them: Subd. 1. `Backflow Preventer" means any mechanical or air gap system designed and installed in order to prevent the accidental backflow of water from one source to another. Subd 2. "City Water Supply System" means all Public Water Supply Wells, water towers, reservoirs, treatment plants, water mains, and service lines that the city City owns, operates or maintains and all private water lines connected to any of the above. Subd. 3. "Drinking Water Supply Management Area" means the surface and subsurface area surrounding a Public Water Supply Well, including the Wellhead Protection Area, which must be managed in accordance with the Wellhead Protection Plan. Subd. 4. "Irrigation Well" means any well that is installed to provide water to supplement the water level of a Storm Water Pond which is utilized for a Lawn and Landscape Irrigation System. Subd. 5. "Lawn and Landscape Irrigation System" means all pumps, lines or sprinkler heads which are located on private property or within the adjacent public right-of-way that have a sole purpose of irrigating landscape plants and/or grass. Subd. 6. "Private Water Supply Well" means a Water Supply Well that is not owned, operated or managed by the city City. Subd. 7. "Public Water Supply Well" means a Water Supply Well owned, managed or operated by the city City. Subd. 8. "Seed Bed Preparation" means the preparation of top soil for any seeding, sodding or planting. A seed bed shall consist of a minimum of four inches of black top soil and two inches of humus or compost material. Ordinance No. 581 14 July 7, 2015 Subd. 9. "Storm Water Pond" means any basin that is designed and constructed to treat storm water runoff from a particular area. Subd. 10. "Water Supply Well" means a well that is not a dewatering well or monitoring well and includes wells used: (a) for potable water supply; (b) for irrigation; (c) for agriculture, commercial or industrial water supply; (d) for heating or cooling; (e) as a remedial well; and (f) for testing water yield for irrigation, commercial or industrial uses, residential supply or public water supply. Subd. 11. "Wellhead Protection Area" means the surface and subsurface area surrounding a Public Water Supply Well as identified in the Well Protection Plan. Subd. 12. "Wellhead Protection Plan" means the plan, which has been approved by the Minnesota Department of Health, which provides for the protection of all Public Water Supply Wells. Section 710.02. Private Water Supply Wells where City Water Supply System is Available. Subd. 1. Purpose. The City Water Supply System represents a significant public investment and its operation in an efficient and sanitary manner is essential to protect public health, safety and welfare, to safeguard municipal finances and to support development within the community. It is the purpose of this ordinance to protect the integrity, financial stability, and adequacy of the City Water Supply System by restricting the installation of Private Water Supply Wells where the City Water Supply System is available and regulating the permitting of Private Water Supply Wells in locations where they pose a threat to City Water Supply Wells. Subd. 2. Private Water Supply Wells Prohibited where City Water Supply System is Available. (a) No Private Water Supply Well may be installed on any property where the City Water Supply System is available with the exception of the wells described in Subd. 2(b) of Section 710.02 below. For the purpose of this section, the City Water Supply System shall be considered available if the property is within the current or earlier time period of the Urban Services Phasing Plan of the City of Medina Comprehensive Plan. Ordinance No. 581 15 July 7, 2015 (b) Exceptions. (1) Irrigation Wells. Irrigation Wells may be installed to supplement water in storm water ponds which supply a Lawn and Landscape Irrigation System. Such Wells shall require prior written approval of the City. No Irrigation Well shall be permitted by the City within the Drinking Water Supply Management Area unless the applicant can demonstrate to the satisfaction of the City that the Irrigation Well will not have a negative effect on a City Water Supply Well, impact the City's ability to provide an adequate public water supply or otherwise compromise the City Water Supply System. (2) Private Water Supply Wells used solely as part of a heating or cooling system for a building. (3) Private Water Supply Wells on property zoned Rural Residential -Urban Reserve (RR-UR), Rural Business Holding (RBH), or Rural Commercial Holding (RCH) if the City determines that connecting to the City Water Supply System is not economically feasible based on the use proposed on the property. Section 710.03. Connections with Water Mains Prohibited. No person except employed or authorized by the City shall tap any distributing main or pipe of the City Water Supply System, or insert stop -cocks or corporation -cocks therein. Section 710.04. Permits for Service Connections. Subd. 1. No connection or service tapping shall be made with a City water main without a permit which shall be issued by the City upon application by a licensed Master Plumber. Subd. 2. No permit shall be issued for a connection or service tapping with the City water main to anyone except a licensed Master Plumber. Subd. 3. Permits shall describe the location and size of each connection, and size must not be departed from in any degree, except on the written consent made on said permit by the officer giving the same. Section 710.05. Supervision. No plumbing shall be done except under direct supervision of a Master Plumber when connecting with a public water system. Section 710.07. Bonds and Insurance. Permits for building water systems and connections shall be taken out by a Master Plumber, who shall furnish a bond and insurance as required by Sections 700.31 and 700.33 of this Code. Section 710.09. Permit Card. The City shall furnish a Permit Card with permit number which shall be prominently displayed on property where water connection is being made; said card shall be displayed for the duration of the work. Ordinance No. 581 16 July 7, 2015 Section 710.11. Connection Fees. The fee for a permit for water main tapping shall be paid for each connection in the amount specified by Resolution of the City Council. In addition thereto, before any permit shall be issued, there shall be paid any sum required under Sections 710.13 and 710.15. Section 710.13. Payment of Assessments. No permit shall be issued to tap or connect with any water main of the City of Medina either directly or indirectly from any lot or tract of land unless the City Administrator- Clerk Treasurer shall have certified one of the following: Subd. 1. That such lot or tract of land to be served by such connection or tap has been assessed for the cost of construction of the water main with which the connection is made; Subd. 2. If no assessment has been levied for such construction cost, that proceedings for levying such assessment have been or will be commenced in due course; Subd. 3. If no assessment has been levied, and no assessment proceedings will be completed in due course, that a sum equal to the portion of cost of constructing said water main which would be assessable against said lot or tract has been paid to the City. Section 710.15. Payment Where No Assessment Has Been Made. If no such certificate can be issued by the City Clerk Treasurer, no such permit to tap or connect to any water main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the said main which would be assessable against said lot or tract to be served by such tapping or connection. Said assessable cost is to be determined by the City Engineer and City Assessor upon the same basis per front foot as any assessment previously levied against other property for the said main, or, if no such assessment has been levied, upon the basis of the uniform charge per front foot which may have been or which shall be charged for similar tapping or connection with said main, determined on the basis of the total assessable cost of said main allocated on a frontage basis. Section 710.16. Excavation Permits Required. No person shall excavate in a public street to service a water main, make connection therewith, or for any purpose which will expose a water main, unless given permit to do so by the City. Section 710.17. Permit Applications. Application for a permit shall be made in writing and signed by the owner or his agent duly authorized to do the work. The application must state clearly the kind of service for which the connection is intended, the size and kind of pipe to be used, the street and number, which side of street, if on a corner, on which street to be tapped, with a diagram of the property to be supplied, showing the streets, the boundary, the block on which it is situated, with the distance from the nearest corner, the full name and address of the owner, the purpose for which the water is to be used, the time when the corporation -cock is to be inserted; and the application shall show all other particulars necessary to the full understanding of the subject. No permit shall authorize anything not stated in the application. For any misrepresentation in such application the permit may be suspended, and if the misrepresentation appears to be willful, the permit will be revoked. Ordinance No. 581 17 July 7, 2015 Section 710.19. Corporation -Cock and Laying of Service Pipes. The corporation -cock inserted in the distributing pipe must be of the size specified in the permit order. Every service pipe must be laid sufficiently waiving to allow of not less than one foot of extra length, and in such manner as to prevent rupture by settlement. The service pipe must be placed not less than eight feet below the surface and in all cases so arranged as to prevent rupture from freezing. Section 710.21. Stop Boxes. Service pipes must extend from the main to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which it is intended to supply. A stop -cock accessible from the surface thru through a sleeve without digging in all cases must be placed outside in a box at the curb, and a shut-off or other stop -cock with waste, of the size and strength required, shall be placed close to the inside wall of the building, well protected from freezing. All stop boxes at the curb must be set in front of the building intended to be supplied, not to exceed two feet from the line of said building or part thereof at the back side of the perimeter drainage and utility easement of said lot. All stop boxes and cocks must conform to the specifications of the City of Medina. Section 710.23. Pipe Sizes. The pipe sizes shall be as specified and directed by the City Engineer for the City of Medina. Section 710.25. Time for Insertion. If from any cause the plumber laying the service pipe should fail to have the corporation -cock inserted at the time specified in his application, notice must be given the City fixing another day on which he wishes the corporation -cock to be inserted. The notice must be given at least two days previous to the excavation for laying of the service pipe, and the corporation -cock must be inserted before 5 p.m. except in special cases, and then the work shall be done only upon a written order from the City. Section 710.27. Turning on Water. No person shall turn on any water supply at the stop box without a permit from the City Clerk Treasurer Public Works Director, and no such permit shall be given anyone but a licensed plumber. The City reserves the right to turn off any water supply if said number is not displayed after a written notice has been sent to the owner as appearing on its books. Section 710.29. Supply from One Corporation -Cock. No more than one house or building shall be supplied from one corporation -cock. Section 710.31. Repair of Leaks. In case of failure upon the part of any consumer or owner to repair any leak occurring upon her or his service pipe within 24 hours after verbal or written notice has been given upon the premises, the water will be shut off and will not be turned on until the leak is repaired. Upon notice to the Building Inspector and verification that the leak has been repaired, and payment of a fee set by resolution of the City Council, the water will be turned on. use water from the water supply system of the City or permit water to be drawn therefrom, vra. t.... v...a..eve...ete. ez......,»b.. ... .__e.e_ ..»YY'-e" _._ wi:.i.;'e`. ____ "--J' _ ._ Ordinance No. 581 18 July 7, 2015 person not authorized by the City Clerk Treasurer shall connect, disconnect, take apart, or in any Section 710.33. Water Meters. Subd. 1. Domestic Water Meter. Every customer shall provide a place where a meter can be installed as approved by the City Public Works Director or the Cit En ineer, and a licensed plumber shall install and maintain the same. The Citv fee schedule shall determine the char e to be made to customers for purchase of a water meter with size and tune of meter to be determined by the City Public Works Director and/or the City Engineer. At the time application is made for building permit for a home to be served by City water, the applicant shall pay for the meter. Subd. 2. Irrigation Meter. In order to save on irrigation costs, a customer mayAnply for. permit to purchase from the City a one inch irri ation meter which charge shall be determined by the City fee schedule. Subd. 3. Temporary Water Meter Except for extinguishment of fires or when authorized by special permit from the City Public Works Director (for tem I orar purposes only), no person shall use water from the Water Supply S stem of the City or permit water to be drawn therefrom, unless the water used be metered by passin through a meter and approved bac (flow preventer and the user pays a hookup fee accordingto the City's fee schedule. No unauthorized 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. Section 710.35. Usage and Testing Fees. The City Council shall by Resolution fix the charge deliiery for installation. Whenever any meter shall become obstructed or out of order, the City hal eatIse ` t be _e roa est of any customer and payment to the City Clerk Treasurer J 11LL11 VLLUJV 11 of a fee set by Res '„tier-�y the Gity- etif*tee City will test such water meter. All water .. �..J... LL L1 V a1 V L11G- c.-vzan'Gil [Ii{, meters shall remain the property of the City and may be replaced at any time by the City. If any meter becomes obstructed or out of order, the City may issue a work order for it to be re aired. If at any time the customer requests to have the meter tested for accuracy, the same shall be done by the City with the fee determined by the Cii fee schedule and charged to the customer if the meter registers 90V or more accurate All water meters shall remain the pm of the City and may be replaced at any time by the City in the City's sole discretion Section 710.37. Meter Damaged y such repair be paid out of the funds of the City. Water meters may be repaired or replaced from time to time as is necessary to ensure accurate measuring of the flow of water. The cost of said repair or reivlacement shall be borne b the Citif exce t that whenever a meter has been damaged due to negligence on the part of persons other than the emplo ees of the City the owner: occu ant, and user of the premises, or such other erson desirin the use of the water, shall Ordinance No. 581 19 July 7, 2015 reimburse the Cit within 60 days and upon demand therefor, 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. Section 710.39. Old Corporation -Cocks Plugged, Penalty. When new buildings are erected on the sites of old ones, and it is desired to increase or change the old water service, no connections with the mains shall be given until all the old corporation -cocks shall have been removed and the main plugged. If any contractor, workman or employee upon such building shall cause or allow any service pipe to be hammered together at the ends to stop the flow of water, or save expense in removing such pipe from the main, the owner of such building, such workman or contractor shall, upon conviction thereof, be guilty of a misdemeanor, and shall remove said service pipe from the main; if he shall fail to do so on 24 hours' notice, he shall be obligated to pay the City the cost incurred by it for such removal. Section 710.41. Meter Setting Devices. Meter setting devices for 3/4 inch and one inch meters shall be of copper pipe or tubing from the terminus of the service pipe up to and including the house side valve, provided that if copper cannot be obtained such meter setting device may be of another non -corrodible metal approved by the City. Section 710.43. Excavation for Tapping Water Mains. Excavations made for the purpose of making a tap from any City water main shall be at least 2 and 1 /2 feet wide by 4 feet long inside the curbing, said 4 feet to be measured from a point 6 inches beyond the side of the main opposite to that which is to be tapped and from said point toward the building with which said water connection is to be made. Such excavations shall extend to the depth of at least 12 inches lower than the bottom of the water main. Ample clear space shall be allowed around the main in all cases to insert the tapping machine. All excavations for tapping shall be safely curbed to the satisfaction of the City tapper. In case the excavation is not properly made, sufficient clear space is not provided, or the excavation improperly curbed, the tap shall not be made until the excavation, clear space and curbing are proper and safe. A safe ladder shall be furnished by the person doing the work for the use of the inspector for the purpose of inspecting the connection to the City main. Section 710.45. Water Meter Installation. All water meters hereafter installed shall be in accordance with the following rules: Subd. 1. The bottom of the meter shall not be less than four (4) inches, or more than twelve (12) inches from the top of the finished basement floor line; and the meter shall not be set more than twelve (12) inches measured horizontally, from the inside line of the basement wall. Subd. 2. The service pipe from the City water main to the meter, where the same enters the building, shall be brought through the basement floor in a vertical position, so that a connection may be made thereto with an ell to which may be attached the stop and waste, and meter, or the pipe may be brought through the basement floor, in a vertical position and bent above the floor at a right angle; and the stop and waste, and meter attached in such a manner that the meter shall stand in a proper, vertical position. In no case shall there be more than twelve (12) inches of pipe exposed between the point of the entrance Ordinance No. 581 20 July 7, 2015 through the basement floor and the stop and waste, and said stop and waste shall be connected directly to the meter. Subd. 3. The water pipe connecting with the City water main shall not be run under any basement floor for a distance of more than two (2) feet, measured from the inside line of the basement wall, before being connected with the water meter. Section 710.47. Private Water Supplies. No water pipe of the City Water Supply System shall be connected with any pump, well or tank that is connected with any other source of water supply and when such are found, the City shall notify the owner to disconnect the same, and if not done immediately, the water supply shall be turned off forthwith. Section 710.48. Cross -connection Control. Cross -connections between potable water systems and any system or equipment that contain, or are used to handle, water or other substances that may pose a risk to health or safe are prohibited, except where express written approval has been made by the City of Medina Written annroval ma onl be given where suitable protective devicessuch as a break tank or a reduced pressure zone backflow preventer are installed tested and maintained to ensure proper operation. Cross -connections between an individual water su only and a notable public sun • l shall not be made without ex press written permission from the Citv of Medina in accordance with the Minnesota Plumbing Code Minnesota Rules Chapter 4715. Section 710.49. Size of Connections. Connections with the mains for ordinary domestic supply shall be a minimum 37z4 diameter of inch. Section 710.51. Connections Beyond City Boundaries. In any and all cases where water mains of the City have been or shall be extended to or constructed in any road, street, alley or public highway adjacent to or outside the corporate limits of the City, the City Clerk Treasurer Public Works Director is hereby authorized to issue permits to the owners or occupants of properties adjacent to, or accessible to, such water mains to tap and make proper water service pipe connections with such water mains of the City in conformity with and subject to all the terms, conditions and provisions of the ordinances of the City relating to the tapping of the City water mains and making water service pipe connections therewith, and to furnish and supply water from the water works system Water Supply System of the City to such owners and occupants of properties adjacent or accessible to such water mains of the City through and by means of water meters duly installed. Water service rendered to such persons shall be subject to all provisions of this Ordinance, and persons accepting such service shall thereby agree to be bound and obligated by said Ordinance. This provision regarding connections beyond the City boundaries shall not be effective until a contract regarding said connections is entered into by and between the City of Medina and the City in which said connections are to be made, or a contract is made by and between an owner of land beyond the City boundaries where a connection is proposed to be made and the City in which said property is located is made a party to said contract. Section 710.53. Fire Hydrant Connections. It shall be unlawful for any person, except when authorized by the City, or except members of the City Street Department Public Works Ordinance No. 581 21 July 7, 2015 Department or Volunteer Fire Department, when performing their official duties, to open or interfere with any of the hydrants of the City Water Supply System. Section 710.55. Water Rates. Subd. 1. The rate due and payable to the City by each water user within the City for water taken from the City Water Supply System shall be established in set by Resolution of the City Council the City fee schedule. TEllere-seiwiee-ises,g;iaf�l; period, this charge will be based on actual consumption. Subd. 2. 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. Subd. 3. When water is desired for construction purposes, the owner shall make application for water service and the service shall be carried inside the foundation wall. If the meter cannot be installed at that time, the charges for the water shall be set forth under water rates, and when the building is completed, the meter shall be set in the regular way. Section 710.57. Service Charges. Charges in an amount set by Resolution by the City Council the City fee schedule shall be made and collected at the time of making application for the following connections to the Water System. Subd. 1. For turning on water where service has been turned off for non-payment of water bill or failure to repair a leak; Subd. 2. For raising or lowering, stop -box tops to correspond with ground level change made by property owner; Subd. 3. For turning water on or off at the request of the property owner or tenant, or for any other reason. Section 710.59. Utility Fund. There shall be maintained within the City accounting system separate funds, Sanitary Sewer and Water System. All monies collected by the City Clerk Tr :. surer Administrator -Clerk for sewer and water service under this Ordinance shall be deposited in each respective fund. Such fund shall be used to meet all the expenses for the operation, maintenance, repair, plant expansion, and administration of each respective Sanitary Sewer and Water Project. Section 710.61. Billing Procedures. All bills and notices for sewer and water service shall be sent to the property address of the real estate being served. If non resident owners or agents e Lll 411L V` estate so served. Non-resident owners or agents shall receive a copy of such bills and notices upon written request. Ordinance No. 581 22 July 7, 2015 Section 710.63. Collections and Delinquent Bills. All bills for Sewer and Water shall be eale lateclthr-e '� aed ;, ,,lttd ri„ t l * y of Bch calendar quarter, i.c., on March 31, June 30, v u5u uuu •aavz September 30, and December 31 st of each calendar year, except the Medina Momingside area which bills shall be calculated on the last day of January, May, July, October, and shall be due on the 15th day of the month whichi €eliews-suc-13 erl eatealatiert,Said bills Bills shall be are hereby declared delinquent if not paid in full on or before the last day of the month which follows said quarterly calculation following in which service was provided. A service charge in an amount set by Resolution of the City Council the City fee schedule shall be incurred immediately upon such delinquency and shall be added to the next quarterlv monthly billing. An additional service charge shall be added on each quarterly monthly calculation date upon which said delinquent bill, including any previous service charge, remains unpaid. All bills, including service charges, which remain delinquent and unpaid on September 1 of each calendar year, shall be certified by the City Clerk Treasurer Administrator -Clerk to the County Auditor on or before October 0th 15`h of said year for collection. Amounts so certified, together with interest at the rate set by resolution of the City Council, commencing on the date of initial delinquency, shall be extended by the County Auditor on the tax rolls and become a lien upon the property in the manner of special assessments, but shall be payable in a single installment, and shall be collected with real property taxes and returned to the City of Medina. Section 710.65. Discontinuance of Service for Ordinance Violations. The City is authorized to shut off water service at any stop box connection any time it finds any of the following, provided that water shall not be turned off from any service pipe between the hours of 9 a.m. on Saturday and 9 a.m. on the following Monday: Subd. 1. The owner or occupant of the premises served, or any person working on any pipes or equipment thereon which are connected with the City water supply system has intentionally violated any of the requirements of the Ordinances of the City relative to the water supply system or connections therewith. Subd. 2. The owner or occupant of the premises served threatens to violate, or cause to be violated, any of the provisions of this Code. Subd. 3. Any charge for water, service, meter, meter parts or any other financial obligations imposed on the present or former owner or occupant of the premises served, by the provisions of this Code, is unpaid. Subd. 4. Fraud or misrepresentation by the owner or occupant in connection with an application for service. Section 710.67. Deficiency of Water and Shutting 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 .,ever whatsoever. In case of fire, or alarm of fire, the City may shut off water to ensure a supply for firefighting; or in making repairs or constructing new works, the City may shut off the water at any time and keep it shut off so long as it shall deem necessary. Ordinance No. 581 23 July 7, 2015 Section 710.68. Water Use Restriction. In the event of a water supply shortage, use of City water for lawn and garden sprinkling, irrigation, car washing or other non -potable uses shall be limited to an odd -even date schedule corresponding to property address, effective upon the ,..ubli , wer- -ssepe.inte„dent Public Works Director or city administrator's City Administrator's designee's determination that the shortage of water supply threatens the City Water Supply System. The public works superintendent Public Works Director or city administrator's City Administrator's designee may further limit the days and hours of the City Water Supply System usage at any time as deemed necessary. Special permit allowance will be considered for those property owners with new seed, sod, or other needs if the public works superintendent Public Works Director determines sufficient water for such permits is available. Section 710.69. Declared Water Shortage. If the City Council determines that an emergency is present, the council Council may declare a water shortage and determine that the users of the public water mains shall be prohibited from using the water from the City Water Supply System for certain functions on their property. All persons within the City of Medina shall comply with regulations imposed as a result of a water shortage. Violation of this section shall be a misdemeanor. Section 710.71. Access to Buildings. Authorized employee employees of the City shall have free access at reasonable hours of the day to all parts of every building and premises connected with the City w to supply system Water Supply System for reading of meters and inspections. Section 710.73. Adjustments in Water Charges. The City Council shall be is hereby authorized to make adjustments in water charges where in its opinion the amount billed was erroneous due to meter deficiency or other mistakes. Section 710.75. Lawn and Landscape Irrigation Systems. Subd. 1. Purpose. The purpose of this ordinance is to promote efficient use of water for lawn and landscape irrigation without placing an undue burden on the ems City's public water supply. Subd.2. Reserved. Subd. 3. Connection of Lawn and Landscape Irrigation Systems to the City Water Supply System. (a) Customers installing an automatic or underground irrigation system are required to install a rain sensor device. Existing irrigation systems are required to retrofit to install a rain sensor device at such time as improvement or extension of the system occurs. (b) If located within the City Water Supply System service area, the following are prohibited from connecting a Lawn and Landscape Irrigation System to the City Water Supply System: Ordinance No. 581 24 July 7, 2015 i) A property located within a subdivision that consists of five or more lots and is zoned residential; ii) A multiple dwelling unit structure of any size, except for properties in locations that are served by the City storm sewer system; and iii) A property that is over two acres in size and is zoned commercial, industrial business park, mixed -use, or public/semi-public. (c) This ordinance shall be applicable only to the above -described properties that install Lawn and Landscape Irrigation Systems after the enactment of this ordinance. No property shall be allowed to expand its Lawn and Landscape Irrigation System from the City Water Supply System if a Storm Water Pond is available or established to accommodate lawn and landscape irrigation service. Any property presently served by the City Water Supply System that is requesting to expand its Lawn and Landscaping Irrigation System shall be required to convert and connect its Lawn and Landscaping Irrigation System to a Storm Water Pond if such Storm Water Pond is available or must be established to accommodate lawn and irrigation service. Subd. 4. Connection to Storm Water Ponds. Lawn and landscape irrigation water may be obtained for any property from a Storm Water Pond under the following conditions: (a) All pumps associated with the Lawn and Landscape Irrigation System shall be free standing or located in a structure that is not connected to the City Water Supply System; and (b) No water pumped for the Lawn and Landscape Irrigation System shall enter and no pump or irrigation system shall in any way be connected to any structure that is connected to the City Water Supply System. Subd. 5. Connection of Irrigation Wells to Storm Water Ponds. (a) An Irrigation Well may be installed on any property in order to provide additional water to a Storm Water Pond under the following conditions: i) Any Irrigation Well shall be constructed according to Minnesota Statutes Chapter 103I and Minnesota Rules Chapter 4725 ("Minnesota Well Code"); ii) A Water Use (Appropriation) Permit must be obtained from the Minnesota Department of Natural Resources; iii) Each Irrigation Well shall be equipped with either a water flow meter or a time meter; iv) The property owner shall provide the city Cite with a well log and yearly pumping records on the last day of each calendar year for each Irrigation Well located on the property; Ordinance No. 581 25 July 7, 2015 v) The Irrigation Well shall be protected from accidental back flow of water with a Backflow Preventor that shall be approved in advance by the ; and vi) Irrigation Well water shall not be used to provide flow to any water feature where the water then flows to waste. (b) Irrigation Well water shall be used only for irrigation of landscaping. It shall not be used for any other usTiRe' El b r v tl, o., fl . ws t , ste �uw. Subd. 6. Construction of a Lawn and Landscape Irrigation System. The location of lines and sprinkler heads for a Lawn and Landscape Irrigation System may be located within the right-of-way or easement, subject to the following conditions and prior approval of the (a) The owner of the Lawn and Landscape Irrigation System is responsible for any maintenance or repair of the Lawn and Landscape Irrigation System; The owner of the Lawn and Landscape Irrigation System signs a written agreement with the in which the owner agrees to assume all liability and responsibility for damages to the Lawn and Landscape Irrigation System that is caused by city City activities, including, but not limited to, snow removal; All Lawn and Landscape Irrigation System lines located within city City right-of- way or easement shall have a location wire installed in accordance with the eityls City' specifications; (b) (0 (d) All Lawn and Landscape Irrigation System lines that cross City streets OF shall be encased in an oversized carrier pipe; and (e) The owner of the Lawn and Landscape Irrigation System shall provide the city City with an as -built plan of the irrigation system. Subd. 7. Operation of Lawn and Landscape Irrigation Systems. The operation of a Lawn and Landscape Irrigation Systems shall be subject to the following restrictions: (a) Turf and Landscape Irrigation Best Management Practices as set forth by the Irrigation Association for landscape irrigation systems shall be followed by the owner at all times; (b) Prior to any seed, sod or landscaping being placed within the Lawn and Landscape Irrigation System area, there shall be proper Seed Bed Preparation by the owner; and (c) Under weather conditions where the places an irrigation ban or other restrictions on the use of any lawn or landscape irrigation that is connected to the City Water Supply System, the city City may also prohibit or place limitations on Ordinance No. 581 26 July 7, 2015 the pumping from any Irrigation Well that is being utilized by a Lawn or Landscape Irrigation System. Subd. 8. Penalties. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by Minnesota Statutes, Section 609.03. SECTION IV: Medina Code Section 740 is amended by deleting the stricken material and adding the double -underlined material as follows: Section 740.01. 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 constituted or shall hereafter be enlarged or extended shall be operated and maintained 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 Public Utilities Division shall have responsibility for the management, maintenance, care and operation of the sewer and water systems of the City. Section 740.02. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall have the meanings hereinafter designated. en -Demand (4101)5) The + + exyg til a +>7 c ysat 2-0e FPnttgfa le -in teimc nflli b` Y•1•+wi Lizi/ B-a4) T Subd 1 Carbonaceous Biochemical Oxygen Demand (CBOD ) shall mean the quantity of oxygen utilized in the biochemical oxidation of or anic matter present in wastewater as measured according to the latest edition of Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association the American Water Works Association and the Water Environment Federation. Subd. 2. Industrial Wastewater. The liquid wastes from industrial processes, as distinct from residential or domestic strength wastes. Subd. 3. Normal Domestic Strength Waste. Waste water with a BOD5 CBOD5 concentration not greater than 2-50 200 milligrams per liter (mg/1) and a total suspended solids concentration not greater than 225 250 mg/l. Subd. 4. Sanitary Sewer. A sewer into :dea tc , arr eal 1ia a + wastes which carries sewage and to which storm surface and ground waters are not intentionally admitted. Subd. 5. Storm Sewer. A sewer inteaded-t-e ate ; � wee- eff stib sm-faEe- water greuad-wr� merge--and-uapelluted water from any -sere which carries storm and surface waters and draina e but excludes sewage and polluted industrial wastes. Ordinance No. 581 27 July 7, 2015 Subd. 6. Total Suspended Solids. A total suspended matter that either floats or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater," latest edition. measured according to the latest edition of Standard Methods for the Examination of Water and Wastewater nrenared and bublished iointly by the American Public Health Association the American Water_ Works Associationand the Water Environment Federation. Section 740.03. 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 application 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 making such application there shall be paid to the City Administrato Clerk fees which shall be set by the City Council from time to time by resolution for the following purposes: Subd. 1. No connection shall be made with respect to any sanitary sewer, water system or storm sewer system serving the property of any person or occupants 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 utilities which share shall be payable as follows: (a) The City Council may establish water, sanitary sewer and storm sewer districts and establish area charges, connection charges, lateral charges and similar charges for 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 Council resolution from time to time. These charges shall be in addition to any fees or charges required under subsections 2, 3 and 4. (b) For service to property to which service lines have not been previously 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 necessary street repairs, provided, however, with the approval of the City, the owner or applicant shall have the right to contract directly with a licensed plumber for the installation and connection of the service line. (c) 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 be levied against the property to be spread over a number of years to be established by the City Council and may be 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 let not less than the payments made by or charges placed against comparable properties for like services for such sanitary Ordinance No. 581 28 July 7, 2015 sewer, water or storm sewer system in an amount as may be established by the City Council. Payment to the City Treasury in the form of a Special Assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance, which shall be established by Council resolution. (d) No connection shall be made to the sanitary sewer system until the applicant or owner pays a Service Availability Charge (SAC) established by the Metropolitan Waste Control Commission for the availability of treatment works and interceptors comprising the metropolitan disposal system. Subd. 2. Before proceeding with the construction, enlargement, alteration, repair 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. 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 all applications before construction begins; 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 approved by the City as a proper and suitable connection. Section 740.04. 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 sufficient 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 connected to an individual wastewater disposal system complying with the provisions of the Ordinances of the City of Medina. Section 740.05. 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 person violating this provision shall be subject to the penalty provided by this code. Section 740.06. 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 upon connection to such service if such connection is not made within the period of time which shall be established by Council resolution after such service becomes available. Ordinance No. 581 29 July 7, 2015 Section 740.07. 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 service 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 accepting such service to consent to all rules, regulations and rates as established by this ordinance and as may hereafter be set forth and adopted by the City Council by resolution or ordinance. Section 740.08. Installation of Connections. All connections to the water system or sanitary sewer system shall be performed 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 owner 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 construction is conducted under the regulations 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. Section 740.09. Liability for Repairs. After the initial connection has been made to the curb box and any necessary street repairs; it shall be the responsibility of the applicant, owner, finished grade of the land or property. Subd 1. Water and Sewer Utilities Located inside the Public Right -of -Way or Public Easement Area. After the initial connection has been made to the water service lead or the sewer lead, the owner, occupant, and user of the premises served shall be liable for all re airs re• uired to an water service line or an sanitary or storm sewer line necessar for connection of the premises to the curb stop or sewer lead, to include the actual connection on the occupant side of the connection. It shall be the resionsibilit of the owner occupant and user to obtain the necessary authorizations reauired, if any, to complete the utilit repairs. It shall be the res onsibility of the owner, occupant and user to maintain the curb stop box or sewer clean out at a hei t as will ensure that it remains at the finished grade of the property. Subd. 2. Water and Sewer Utilities Located Outside of the Public Right -of -Way or Public Easement Area. After the initial connection has been made to the water service lead or the sewer lead, the owner, occupant, and user of the premises served shall be liable for all repairs reauired to any water service line or any sanitary or storm sewer line necessary for connection of the premises to the street main, including anv re • airs necessary to the curb stop and box or sewer clean out and an necessary street repairs. It shall be the responsibility of the owner occupant. and user of the premises to obtain any necessar shall be the responsibili or sewer clean out the property. authorizations permits and approvals reauired to complete the utility repairs. It of the owner occupant, and user to maintain the curb sto I box if any at a height as will ensure that it remains at the finished erade of Ordinance No. 581 30 July 7, 2015 Section 740.10. Leak in Service Line. Any owner, occupant user of a premises who shall discover a leak in a service line to the premises shall notify the City office within twenty- four (24) hours. Any water wasted due to failure of such person to comply with this regulation shall be estimated by the City Clerk and be charged for against the owner at such premises at the established rate. Section 740.11. 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. Section 740.12. Emergency Regulations. The City Council may impose emergency regulations pertaining to the conservation of water by resolution of the City Council and by giving notice by publication 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 in violation of the resolution and any customer who does so, shall be charged 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 be cause for discontinuance of water service. Section 740.13. 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. Section 740.14. 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 introduced in the supply line from the City system Water System, Section 740.15. 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 no foundation drainage or sump pump shall be connected or discharged into any sanitary sewer. Section 740.16. Prohibited Wastes in Sanitary Sewer System. No person, firm or corporation shall discharge any waste, or cause or allow any waste to be discharged into the sanitary sewer system unless in accordance with the following regulations: Subd. 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 Ordinance No. 581 31 July 7, 2015 be harmful to the structures, processes or 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 discharge 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 Metropolitan Waste Control Commission. Subd. 2. Limitations on Discharge. No person, firm or corporation shall discharge or cause, or allow to be discharged into the sanitary sewer system any waste containing concentrations in excess of the following: Pollutant (Maximum for any operating day) (a) Cadmium (b) Chromium, total (c) Copper (d) Cyanide, total (e) Lead (f) Mercury (g) Nickel (h) Zinc 6) Temperature 6) pH Limitation 2.0 mg/1 8.0 mg/1 6.0 mg/1 4.0 mg/1 1.0 mg/1 0.1 mg/1 6.0 mg/1 8.0 mg/1 65 C° (150° F) 5.0 - 10.0 Subd. 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 temperatures between 32o and 150o F (Oo and 65o C) 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 discharge into the sewer system, be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (L.E.L.). Ordinance No. 581 32 July 7, 2015 (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 maintenance and repair. (d) Any toxic substance, chemical elements or compounds in quantities 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. (e) Garbage that has not been ground or comminuted to such a degree 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 dimension. (f) Radioactive wastes or isotopes or such half-life of concentrations 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 garbage, 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, gasoline, 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 150° F immediately prior to discharge into the sewer system. (k) Phenols or other taste or odor -producing substances in concentrations 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. 0) Materials which exert or cause: (1) Unusually high concentrations of inert suspended solids or of dissolved solids. (2) Excessive discoloration. Ordinance No. 581 33 July 7, 2015 (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, Total Suspended Solids, CBOD54 COD, or chlorine requirements, in such quantities as to constitute a significant load on the treatment works. (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. Subd. 4. Grease, Oil & Sand Traps. Grease, oil and sand interceptors shall be provided, when determined necessary by the City, to properly handle liquid wastes containing excessive amounts of floatable grease, flammable waste, sand or other harmful ingredients. All 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. Subd. 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 appurtenances to facilitate observation, sampling and measurement of wastes. The structure shall be installed by the owner at his expense 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 special condition for discharge established by the City, Metropolitan Waste Control Commission or regulatory agencies having jurisdiction over the discharge. All 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. Subd. 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, observation, measurement, sampling and testing pertinent to the discharges to the City's sewer system. The City shall be provided information concerning industrial processes which have a direct bearing on the type and source of discharge to the wastewater collection system. Section 740.17. Water Meter Regulations. Subd. 1. Before any water conveyed through the municipal water system shall be used or utilized on the land or premises of any person, firm or corporation, there shall first be Ordinance No. 581 34 July 7, 2015 installed a water meter that will accurately measure the water consumed on the premises, except and unless such installation shall be exempted by the City. Subd. 2. All 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. Subd. 3. No person, firm or corporation other than the City of Medina or its designee, 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 remove such seal; provided, however, that a plumber licensed to do business 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. Subd. 4. All water meters nd/or remote readers connected to the water system shall be accessible 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 desired for the purpose of inspecting a water meter installed in said premises shall constitute a violation of this ordinance. Subd. 5. Water meters shall be repaired or replaced from time to time as is necessary to ensure 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 persons 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. Subd. 6. 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. Subd. 7. 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. Ordinance No. 581 35 July 7, 2015 Subd. 8. +' 1. /' 1 1 +' F +1, a et-e - +no+o o r + 1 ' YY 1+411 g2 Y + to plus 1 1/2 percent. If an meter becomes obstructed or out of order, the City may issue a work order for it to be repaired. If at any time the customer requests to have the meter tested for accuracv the same shall be done by the Citv, with the fee determined by the Cit fee schedule and charged to the customer if the meter re • isters 90% or more accurate. 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. Section 740.18. 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 or indirectly, and it can be shown to the satisfaction of the City Council that a portion of the water measured 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 installation 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. Section 740.19. Meter Readings. Subd. 1. The City Council may provide a etcr rcuding by post card, meter person, or any other method deemed suitable-t-e-41:ke-purpese-by-the-Getmeib The Cit of Medina will provide a system for water meter reading. The Council City may also establish billing areas or districts and provide for the reading of meters and billing charges by calendar quarters e monthly or such periodic intervals as the City Council shall determine suitable and necessary from time to time by resolution. provided, however, where meter r ading ' a by ~es+ ar-E the Ci ;' Ccuncil may establish a pena1 + f ' 1 + + ter t-e ,-ems lin c-a -,7 wit -I i +1, 0 time deli , nate.i ., ai card by Council resolution. Subd. 2. 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. 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 personally 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 there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this Ordinance No. 581 36 July 7, 2015 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. Section 740.20. 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 prescribed 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 systems as it may deem necessary from time to time. All accounts shall be carried 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. Section 740.21. 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 attributable 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) Where: SC =Service Charge, which means the aggregate of all charges including the user charge, debt service charges and other related charges billed periodically 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 for cost of operation, maintenance and replacement. 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. Section 740.22. Accounting Procedures. All invoices and records of funds received and expenses for operation, maintenance and replacement for the water and sewer systems shall be maintained in separate accounts. These accounts shall be separate from any revenues generated for debt service for each of the systems. Annually, the water and sewer service charge rates shall be reviewed and adjusted by the City Council to reflect the actual costs of operation, maintenance, replacement and debt service. In addition, the user charge rates for operation, maintenance and replacement will be revised to accomplish the following: Subd. 1. Maintain the proportionate distribution of operation and maintenance costs among users and user classes. Subd. 2. Generate sufficient review to pay the total operation and maintenance costs necessary to properly operate and maintain the system. Subd. 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 Ordinance No. 581 37 July 7, 2015 in this Ordinance shall be included 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 operation, maintenance and replacement cost and which portion is necessary to meet debt service for each system. Section 740.23. 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 optional and may be subsequent to taking legal action to collect delinquent accounts. Section 740.24. Separability of Sections. In the event any provision of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION V: The ordinance shall be effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 7th day of July, 2015. ATTEST: By: Scott T. Published in By: --,e)0 .7/71/ Bob Mitchell, Mayor Johnson, City Administrator -Clerk the Crow River News this 16th day of July, 2015. Ordinance No. 581 38 July 7, 2015