06. Proposed Changes to Sewer Ordinance1
Staff Report
Date of Meeting: October 30, 2024, City Council Meeting
To: Committee Members
From: Kyle Morell, City Administrator
Re: Proposed Changes to Sewer Ordinance
______________________________________________________________________________
City staff is proposing changes to the City’s sewer ordinance. I have attached the redlined
ordinance for your review, but I will summarize the changes below.
1) Clean-up and clarification of definitions, Sections 50.03 and 51.03
2) Changing the time of billing within the quarter, Sections 50.06 and 51.06
3) Language clean-up for assessment of delinquent accounts, Section 50.07 and 51.07
4) Turning over ownership and responsibility for the tanks to the residents, Section 51.03
5) General language cleanup throughout the code section.
These changes are being presented to the Wastewater Committee for review and comment before
being considered by the City Council. A public hearing would be needed to make the changes
official.
Attachments:
Proposed Changes to Sewer Ordinance
CHAPTER 50: UPTOWN WASTEWATER TREATMENT SYSTEM
Section
50.01 Title
50.02 Purpose and intent
50.03 Rules and definitions
50.04 User charges and billing
50.05 Accounts
50.06 Delinquent accounts
50.07 Connections to the uptown wastewater treatment system
50.08 Maintenance and operation of the system
50.09 Prohibited waste discharges
50.10 Cost of repairs
50.11 Administration and enforcement
§ 50.01 TITLE.
This chapter shall be known, cited, and referred to as the “Uptown Wastewater
Subsurface Sewage Treatment System Ordinance”, except as referred to herein, where it
shall be know, as “this chapter”.
(Ord. 134, passed - -2012)
§ 50.02 PURPOSE AND INTENT.
The purpose of this chapter is to establish the requirements for the operation,
maintenance, and administration of Uptown SSTS wastewater treatment system (UWTS)
owned and operated by the city which serves the village center portion of the city and to
establish a mechanism for setting user charges therefor. This chapter is intended to
provide for operation of the system in accordance with all applicable laws and in an
environmentally sound manner, and to provide for the collection of sufficient revenues to
financially balance revenues support and expenditures for operation and , maintenance,
and capital improvement of the system.
(Ord. 134, passed - -2012)
§ 50.03 RULES AND DEFINITIONS.
(A) In the event of conflicting provisions in the text of this chapter, and/or other
ordinances, the more restrictive provisions shall apply. The City Council shall determine, in
its sole discretion, which is more “restrictive”.
(B) Words used in the present tense shall include the past and future tense; the singular
includes the plural and the plural includes the singular.
(C) The word “shall” is mandatory and the word “may” is permissive.
(D) For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ACCOUNT. A record of periodic costs for sewer service provided to each property
connected to the city’s UWTS SSTS.
CITY. The City of Scandia, Washington County, Minnesota.
OWNER. The owner of a parcel of real property in the city which is served by the UWTS
SSTS or upon which the private portion of the system or the public portion of the system
are located.
PRIVATE PORTION OF THE SYSTEM. The portion of the UWTS SSTS that resides within
the individual parcel boundaries of the user and which has not been specifically defined as
a public portion of the system, including water meters, building service lines from the
building to the septic tank, septic tanks, pumps, service lines running from the septic tank
to the mainline, and any other components serving individual users of the system within
the owners the owners property.
PUBLIC PORTION OF THE SYSTEM. The portion of the UWTS SSTS that is owned and
operated by the city, including the soil treatment system, pre-treatment units, tanks,
pumps, control panels, collection lines, force main, and any other components within the
City property. serving more than one user of the system.
SERVICE MAIN. primary pipeline in a sewage system running under the public street
collecting wastewater from lateral connections
LATERAL LINE(CONNECTION). The pipeline which serves a property or properties which
connects to the service main.
UPTOWN WASTEWATER SUBSURFACE SEWAGE TREATMENT SYSTEM (UWTS) A
wastewater treatment system that serves the city center of the city and consisting of:
collector lines; pumps; sewage tanks; soil treatment unit; and any related appurtenances.
USER. The resident, inhabitant, or occupant of an establishment that is causing or
permitting the discharge of wastewater to the UWTS. SSTS
(Ord. 134, passed - -2012)
Commented [CF1]: Added these two definitions.
Formatted: Strikethrough
Commented [CF2]:
§ 50.04 USER CHARGES AND BILLING.
(A) A schedule of user charges and other fees shall be adopted from time to time by
ordinance as allowed by and in accordance with state statutes. The ordinance shall be kept
on file and open to inspection in the office of the City Clerk and shall be uniformly enforced.
(B) Bills shall be mailed for each account on or before the fifth day of January, April, July,
and October of each year within 10 days of the end of calendar year quarter aand specify
the charges in accordance with the current fee schedule set by ordinance of the City
Council. All charges shall be due upon receipt and considered delinquent after the fifth day
of the following month. 30 days from the billing date.
(C) User charges and fees for the uptown wastewater treatment system shall be as
follows.
Fee
Base charge $83.33/quarter
Volume charge $47.43/1,000
gallons
Late payment fee $10
Annual interest rate on account balances 30 days past due 12%
Annual interest rate on delinquent accounts certified for collection
with property taxes
12%
Connection fee, per dwelling unit $8,000
(Ord. 148, passed 12-17-2013; Ord. 191, passed 12-19-2017)
Fees will be posted in the Fee Schedule? It says that in the above paragraph.
§ 50.05 ACCOUNTS.
(A) All accounts shall be carried in the name of the owner of the property, at the mailing
address to which property tax bills are sent by the county, unless a written request for an
alternative billing address is submitted to the city by the owner.
(B) The owner shall be liable for the sewer service supplied to the property, whether he
or she is occupying the property or not, and in addition to any other remedy available to
the city, including those identified in § 50.06 below, any unpaid charges shall be a lien upon
the property to the full extent allowed by law.
(Ord. 134, passed - -2012)
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Commented [KM4]: I think this is covered in 50.04 (A) which states charges and fees shall be adopted from time to time be ordinance.
§ 50.06 DELINQUENT ACCOUNTS.
(A) Late payment penalties shall be assessed on all delinquent accounts in accordance
with the schedule adopted by resolution of the City Council from time to time.
(B) Partial payments on delinquent accounts shall first be applied to any penalties and
then to user charges.
(C) All delinquent accounts as of October 15 ? November 15 of each year shall be
resolved by the City Council to be certified to the County Auditor by December 15 for
collection with taxes in the following year, according to the following procedure.
(1) Notice of the delinquent charges shall be sent to each account holder by first class
mail and to the address of the owner in accordance with § 50.05, not less than ten days
prior to the date of a City Council hearing to consider the charges proposed to be certified
for collection with property taxes for the property.
(2) The notice shall state that if payment is not made before the date for certification,
the entire amount plus penalties will be certified to the County Auditor for collection as
other taxes are collected.
(3) A hearing shall be held by the City Council at its regular meeting during the month
of November. Account holders and property owners with unpaid accounts shall have the
opportunity to object to the certification of unpaid charges to be collected as taxes are
collected. If, after the hearing, the City Council finds that all or any portion of the amounts
claimed as delinquent are actually due and unpaid, and there is no legal reason why the
unpaid charges should not be certified for collection with taxes against the property in
accordance with this chapter, the city may certify the unpaid charges to the County Auditor
for collection as other taxes against the property are collected.
(4) For each certification sustained, the property owner shall have the following
options after the hearing:
(a) To pay the delinquent amount listed on the preliminary assessment roll, but
without additional interest after the hearing, within ten days of the hearing date; or
(b) To pay the certified charges as billed to the property owner by the county on the
owner’s property tax statement with a collection term of one year.
(5) Fifteen days after the hearing, the certified roll, minus any payments, shall be
delivered to the county.
(D) The city may, in lieu of or in addition to certification as provided in division (C)
above, in its discretion, file suit in a civil action against the owner of the property to collect
the amounts as are delinquent and due against the occupant or user of the real estate and
shall collect, as well, all costs and attorney’s fees incurred by the city in filing the civil
action. Attorney’s fees shall be fixed by order of the court.
(Ord. 134, passed - -2012)
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Commented [KM6R5]: If it is it should be later in the year. Colleen can tell us the actual date that we stop collecting payment.
§ 50.07 CONNECTIONS TO THE UPTOWN WASTEWATER SUBSURFACE SEWAGE
TREATMENT SYSTEM.
(A) No unauthorized person shall uncover, make any connections with, or opening into,
use, alter, or disturb any public or private portion of the UWTS SSTS or appurtenance
thereof without first obtaining a written permit from the city or county as may be
applicable.
(B) All sewer connections shall conform to applicable requirements of the State Building
and Plumbing Code and all applicable rules and regulations of the city or county. All
connections shall be made gas-tight and water-tight, and verified by proper testing to
prevent the infusion of infiltration/inflow. Any deviation from the prescribed procedures
and materials shall be approved prior to installation. The connection and inspection shall
be made under the supervision of the city building official overseeing such installations or
his or her designee.
(C) New connections to the UWTS SSTS system shall be prohibited unless the city
determines that sufficient capacity is available in all downstream facilities. Any person
proposing a new connection to the system shall be responsible for the cost of any
engineering studies or other use of city consultants necessary to determine whether there
is sufficient capacity in the collection and treatment system, and for the cost of any
improvements or modifications to the system necessitated by the new connection. All costs
and expense incident to the installation and connection of the building sewer shall be borne
by the user. New users connecting to the system shall pay to the city a sewer connection fee
to be determined by the City Council at the time the connection is made.
(D) Each user shall install and maintain a water meter of a type approved by the city.
(Ord. 134, passed - -2012)
§ 50.08 MAINTENANCE AND OPERATION OF THE SYSTEM.
(A) Subject to any assessment or other right to seek reimbursement from benefitted
properties or owners, the city shall bear the expense for the maintenance, repair, and
operation of the public portion of the system. Users and owners shall allow access to the
public portion of the system on their property.
(B) The user shall bear the expense for the maintenance, repair, and operation of the
private portion of the system. Maintenance and repair shall include, but not be limited to:
septic and pump tank pumping in accordance with Minn. Rules Ch. 7080; county ordinance;
and the city’s operating permit for the system; repair of leaking tanks or pipes; repair or
replacement of pumps, control panels, and accessories; and any other work as determined
by the city as being necessary to prevent harm to the UWTS SSTS.
(C) The user shall allow the city access to inspect the private portion of the system. If the
user fails to provide needed maintenance or repairs, the city may make the repair and bill it
Formatted: Strikethrough
Commented [KM7]: Charlie, should we change the title
to this section to Uptown Subsurface Sewage Treatment
System?
to the user. If the user fails to pay the charge within 60 days of the date of the bill, the city
may assess the cost against the user and collect the assessment as an additional charge for
the use of the system or may pursue any other method of collection of the costs the city
deems appropriate.
(D) The city will read water meters on a periodic basis to monitor the use of the system
and for billing purposes. The users and owners shall allow access to and testing of the
meter as determined necessary by the city. If a meter is found to be inaccurate, it shall be
replaced by the user or owner at its expense with an accurate meter.
(E) It shall be unlawful for any person to tamper with the meter or in any way cause it to
provide an inaccurate reading.
(F) Users are required to report any sewer problems or backups to the city. The user
shall immediately repair any plumbing malfunction (including, but not limited to, leaking
or running toilets or urinals, or malfunctioning water softener or other appliance) that has
the potential to cause an increase in wastewater flow to the system.
(G) Replacement of any plumbing fixture shall be by “low flow” fixtures as defined by the
Plumbing Code.
(H) Users shall not do anything to cause a violation of the conditions of any permit, law,
rule, standard, or ordinances of any governing bodies or agencies that apply to the system,
including, but not limited to, the ordinances of the city, the county, or requirements of the
state’s Pollution Control Agency.
(I) (1) Users shall not contribute a volume of wastewater to the system at a rate greater
than the following.
User Average Daily Flow (gallons/day
calculated over a period of one calendar
year)
User Average Daily Flow (gallons/day
calculated over a period of one calendar
year)
Elim Lutheran Church (including
residence/former parsonage)
450
Gammelgarden Museum 55
R&B Auto (21060 Olinda Trail) 200
Scandia Cafe/Store/Deli (aka “Superette”) 700
Scandia Community Center and Warming
House (14727 209th St. N)
340
Schmitt Mall (21080 Olinda Trail) and
Edward Jones (21084 Olinda Trail), combined
260
Yoga Hus (21070 Olinda Trail) 15
Total 2,020
Commented [KM8]: Is this something we should regulate? Why was this included in the ordinance in the
first place?
Commented [CF9R8]: My guess is that it stems from
when the system was updated calculating average daily
flow from each building. Section 5.08(J) covers this in
more general terms if additional flow may be caused by building modification.
Commented [CF10R8]:
*****Update with address only so that when businesses change ownership the Ordinance
does not have to be rewritten. ****
(2) Users found to be exceeding these limits may be required to reduce flows below
permitted levels. The city may revise this table by reducing or increasing individual user’s
permitted flow, such that the total flow is not exceeded, upon agreement by all users
affected.
(J) Any proposed change in land use, application for a building permit for interior
alterations, and/or application for a plumbing or mechanical permit for a property served
by the UWTS SSTS shall be reviewed by the city for its potential impact on the UWTS. No
zoning permit or building permit shall be issued if it is found by the city to create the
potential for the design flow of the UWTS SSTS to be exceeded.
(Ord. 134, passed - -2012) Penalty, see § 10.99
(K) By accepting utility service each user shall allow the city access to inspect any portion
of the community sewage treatment (public or private) system and any connection to the
system, including (without limitation) portions of the system and connections accessible
from the interior of any structure. Interior inspections shall be conducted during normal
business hours of the city and the city shall provide the customer with at least 48 hours of
notice before an inspection is to take place. Notice under this section shall be effective upon
mailing and shall be mailed to the customer or owner at the address file with the utility.
Failure to cooperate with the city's reasonable request for access shall be a violation of this
chapter.
§ 50.09 PROHIBITED WASTE DISCHARGES.
(A) No user shall make or maintain connection of roof downspouts, exterior foundation
drains, surface runoff, or groundwater to a building sewer or indirectly into the UWTS
SSTS.
(B) No user shall discharge into the UWTS SSTS any INCOMPATIBLE WASTE, defined as
waste that either singly by interaction with other wastes interferes with any waste
treatment process, constitutes a hazard to humans or animals, creates a public nuisance, or
creates a hazard in the treatment system.
(C) No user shall discharge any garbage or food waste, nor shall a garbage grinder or
garbage disposal be installed in any premises served by the UWTS. SSTS ***Who is
monitoring this?***
(D) No user shall discharge into the UWTS SSTS any solid or viscous substances in
quantities of or such size capable of causing obstruction to the flow in sewers or other
interference with the proper operation of the treatment system.
Commented [CF11]: Added
Commented [CF12R11]:
Commented [KM13]: Should we reference portions of
the system defined as private in Section 50.03?
Commented [KM14]: Would we know if the pumps get
clogged? Do we have anything that requires grease
traps?
Commented [CF15R14]: I think it is good to have this in
the Ordinance but no one has ever monitored for this.
The church added an extra tank years ago as grease
trap/cooling tank to treat the water from their kitchen before entering the system. Our site has enough tankage that the grease is separated before entering the drainfield.
(E) No user shall discharge any water or waste containing fats, wax, grease, or oils,
whether emulsified or not, in excess of 50 25 mg/l or containing substances which may
solidify or become viscous at temperatures between 32° and 150°F (0° and 65°C).
(Ord. 134, passed - -2012) Penalty, see § 10.99
§ 50.10 COST OF REPAIRS.
In addition to any penalties that may be imposed for violation of any provision of this
chapter, the city may assess against any user the cost of repairing or restoring sewers or
associated facilities damaged as a result of actions by any user, including discharge of
excessive flows or prohibited wastes, and may collect the assessment as an additional
charge for the use of the system in the manner provided in § 50.06 or may pursue any other
method of collection of the costs it deems appropriate.
(Ord. 134, passed - -2012)
§ 50.11 ADMINISTRATION AND ENFORCEMENT.
(A) (1) The City Administrator shall be responsible for administration and enforcement
of this chapter and the collection of the user charges as set forth in this chapter.
(2) The City Council shall hear and decide appeals and review any order, decision, or
determination made by the Administrator regarding the enforcement of this chapter.
(B) The city hereby establishes an Uptown Wastewater Subsurface Sewage Treatment
System Fund into which all revenue collected from users shall be deposited, and from
which all expenditures necessary for the operation and maintenance of the system shall be
paid.
(C) Any person who violates any provision of this chapter shall be guilty of a
misdemeanor, and upon conviction thereof, the violator shall be subject to a fine,
imprisonment, or both, plus the cost of prosecution.
(D) (1) The city reserves the right to disconnect service to any user or property found
to be in violation of this chapter.
(2) Service shall not be disconnected until notice and an opportunity for a hearing
before the City Council have been provided to the user and to the owner of the premises
involved.
(Ord. 134, passed - -2012)
CHAPTER 51: BIG MARINE SEWER UTILITY
Section
51.01 Title
51.02 Purpose and intent
51.03 Rules and definitions
51.04 Calculation of user charges
51.05 Accounts
51.06 Billing
51.07 Delinquent accounts
51.08 Connections to the community sewage treatment system
51.09 Maintenance responsibility
51.10 Prohibited waste discharges
51.11 Cost of repairs
51.12 Administration and enforcement
§ 51.01 TITLE.
This chapter shall be known, cited, and referred to as the "Big Marine Sewer Utility
Ordinance", except as referred to herein, where it shall be known as "this chapter".
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.02 PURPOSE AND INTENT.
The purpose of this chapter is to establish the local regulatory requirements for the
operations, maintenance, administration, use, and application of user fees of the Big Marine
Sewer Utility in accordance with all applicable laws and to ensure operations are
conducted within an environmentally responsible manner. All fees established by this
chapter are intended to provide for the collection of sufficient revenues for short and long-
term operation and maintenance of the systems within the utility in accordance with all
laws, including those found in this chapter.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.03 RULES AND DEFINITIONS.
(A) In the event of conflicting provisions in the text of this chapter, and/or other
ordinances, the more restrictive provisions shall apply. The City Council shall determine
which is more restrictive.
(B) Words used in the present tense shall include the past and future tense; the singular
includes the plural and the plural includes the singular.
(C) The word "shall" is mandatory and the word "may" is permissive.
(D) For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ACCOUNT. A record of periodic costs for sewer service provided to each property
connected served by the Big Marine Sewer Utility.
ANDERSON-ERICKSON FACILITY. A wastewater system as defined by a formal service
map as adopted and amended, from time to time, by the City Council in accordance with
this chapter, serving the eastern shore of Big Marine Lake that operates as part of the city's
Big Marine Sewer Utility. The facility's original construction was funded under a federal
grant administered by the state as authorized under § 201 of the US Clean Water Act of
1972.
BIG MARINE SEWER UTILITY. The utility for which this chapter regulates in accordance
with all other state and federal law.
BLISS FACILITY. A wastewater system as defined by a formal service map as adopted
and amended, from time-to-time, by the City Council in accordance with this chapter,
serving the western shore of Big Marine Lake that operates as part of the city's Big Marine
Sewer Utility. The facility's original construction was funded under a federal grant
administered by the state as authorized under § 201 of the US Clean Water Act of 1972.
CITY. The City of Scandia, Washington County, Minnesota.
COMMUNITY SEWAGE TREATMENT SYSTEM. One of two sewage treatment systems,
the Bliss Sewer Facility and the Anderson-Erickson Sewer Facility, that are owned and
operated by the city.
INCOMPATIBLE WASTE. Waste that either singly by interaction with other wastes
interferes with any waste treatment process, constitutes a hazard to humans or animals,
creates a public nuisance, or creates a hazard in the treatment system.
NEW CONNECTION. When an unserved property establishes service to the utility
through a new connection permit or when an existing connected property increases its
capacity to serve a new addition or to replace a home with higher service capacity than the
existing structure.
SERVICE CAPACITY. A reference to the sizing of septic tanks and service lines relative to
the number of bedrooms of a structure and the amount of wastewater treatment capacity
related to the increased processing need.
SUFFICIENT CAPACITY. A minimum available capacity of 10% of the permitted flows for
the facility. Flow evaluation shall be based on a minimum of 12 months of flow data.
DESIGN FLOW. The daily volume of wastewater that the drain field system is designed to
treat and discharge.
ALLOWABLE FLOW. Based on 75% of the design flow of the system.
AVERAGE DAILY FLOW. Calculated monthly based on daily flow and not to allowable flow
divided by number of days of the month.
AVAILABLE CAPACITY. An amount of new flow into the system above the recorded average
daily flow of the highest month of a 12 month period below the allowable flow of the
system. {Allowable Flow(75% design flow) – Highest Recorded Average Daily Flow =
Available Capacity}
UTILITY INFRASTRUCTURE. Sewage infrastructure from the septic holding tank(s) on
the property served to the wastewater treatment facility for which ownership, operation,
and maintenance is maintained by the city.
USER. A residential dwelling or other establishment connected to the community
sewage treatment system, including and extending to the owners and occupants thereof.
PRIVATE PORTION OF THE SYSTEM. The portion of the UWTS SSTS that resides within the
individual parcel boundaries of the user and which has not been specifically defined as a
public portion of the system, including water meters, building service lines from the
building to the septic tank, septic tanks, pumps, service lines running from the septic tank
to the mainline, and any other components serving individual users of the system within
the owners property.
PUBLIC PORTION OF THE SYSTEM. The portion of the UWTS SSTS that is owned and
operated by the city, including the soil treatment system, pre-treatment units, tanks,
pumps, control panels, collection lines, force main, and any other components within the
City property. serving more than one user of the system.
SERVICE MAIN. primary pipeline in a sewage system running under the public street
collecting wastewater from lateral connections
LATERAL LINE(CONNECTION). The pipeline which serves a property or properties which
connects to the service main.
Formatted: Strikethrough
Commented [KM16]: Adopting this would make the septic tanks privately owned and operated. Is that the intention? How does this affect shared tanks?
Commented [CF17R16]: Yes, A provision will need to
be written stating both properties will be responsible to
cover the cost of shared lift tank repairs. Or the city will
own the shared lift tanks until they are disconnected
from the system.
Commented [KM18R16]: I would be okay with the idea that the City maintains ownership of shared tanks until one property develops and both properties are forced to install new tanks.
Commented [CF19]: Added these two definitions.
(Ord. 202, passed 12-18-2018; Ord. 209, passed 2-19-2019; Ord. 21-04, passed 11-16-
2021)
§ 51.04 CALCULATION OF USER CHARGES.
(A) Prior to the beginning of each calendar year, the City Administrator shall prepare a
proposed budget for operation of the community sewage treatment system, including all
costs for the operation, maintenance, replacement, and administration of the system. Upon
approval of the budget by the City Council, the amount of user charges needed to balance
revenues with expenditures shall be determined. The user charges shall be apportioned
among all the users of the system in equal amounts, to determine the base user charge for
the calendar year.
(B) The base user charge may be subject to an energy charge adjustment. A user who
supplies power from the user's home electrical connection to a shared lift station may be
entitled to a deduction from the base user charge. Users who do not supply power from the
user's home electrical connection to any lift station, but who share a lift station to which
another user supplies electrical power, may be subject to an increase in the base user
charge.
(C) An additional fee shall be charged to users of the community sewage treatment
system who, for whatever reason, require septic tank pumping more frequently than once
in two years. The surcharge for the frequent pumping shall be at the same rate, either per
tank or per gallon, as established by contract for the routine pumping of each septic tank on
the community sewage treatment system. Private tanks shall be pumped per State, County,
and City regulation. If the City requests additional pumping of a residential tank to protect
the system, it will be at the owner’s expense. Pumping of private tanks by the owner shall
be recorded per State, County, and City regulation. Upon completion of tank pumping the
owner shall notify the City with the date and amount of wastewater collected.
(D) A schedule of user charges and other fees shall be adopted from time to time by
ordinance of the City Council.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.05 ACCOUNTS.
(A) All accounts shall be carried in the name of the owner of the property, at the mailing
address to which property tax bills are sent by the county, unless a written request for an
alternative billing address is submitted to the city by the owner.
(B) The owner shall be liable for the sewer service supplied to the property, whether he
or she is occupying the property or not, and any unpaid charges shall be a lien upon the
property.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.06 BILLING.
(A) (A) A schedule of user charges and other fees shall be adopted from time to time by
ordinance as allowed by and in accordance with state statutes. The ordinance shall be kept
on file and open to inspection in the office of the City Clerk and shall be uniformly
enforced.
(B) Bills shall be mailed for each account on or before March 5, June 5, September 5
and December 5 of each year within 10 days of the end of the calendar year quarter and
specify the charges in accordance with the current fee schedule set by ordinance of the City
Council.
(B) All charges shall be due upon receipt and considered delinquent after the fifth day of
the following month. 30 days from the billing date.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.07 DELINQUENT ACCOUNTS.
(A) Late payment penalties shall be assessed on all delinquent accounts in accordance
with the fee schedule set by ordinance of the City Council.
(B) Partial payments on delinquent accounts shall first be applied to any penalties and
then to user charges.
(C) All delinquent accounts as of October November 15 of each year shall be resolved by
the City Council to be certified to the County Auditor by December 15 for collection with
taxes in the following year, according to the following procedure.All delinquent accounts as
of October 15 of each year shall be certified to the County Auditor for collection with taxes
in the following year, according to the following procedure.
(1) Notice shall be sent to each account holder by first class mail of the delinquent
charges not less than ten days prior to the date of a City Council hearing to consider the
charges proposed to be certified for collection with property taxes.
(2) The notice shall state that if payment is not made before the date for certification,
the entire amount plus penalties will be certified to the County Auditor for collection as
other taxes are collected.
(3) A hearing shall be held by the City Council at its first meeting during the month of
November. Property owners with unpaid accounts shall have the opportunity to object to
the certification of unpaid charges to be collected as taxes are collected. If, after the hearing,
the City Council finds that the amounts claimed as delinquent are actually due and unpaid,
and there is no legal reason why the unpaid charges should not be certified for collection
with taxes in accordance with this chapter, the city may certify the unpaid charges to the
County Auditor for collection as other taxes are collected.
Formatted: Indent: First line: 0.5"
Commented [KM20]: We should make the same
changes to this section that we made to the Uptown section
(4) For each certification sustained, the property owner shall have the following
options after the hearing:
(a) To pay the delinquent amount listed on the preliminary assessment roll, but
without additional interest after the hearing, within ten days of the hearing date; or
(b) To pay the certified charges as billed to the property owner by the county on the
owner's property tax statement with a collection term of one year.
(5) Fifteen days after the hearing, the certified roll, minus any payments, shall be
delivered to the county.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.08 CONNECTIONS TO THE COMMUNITY SEWAGE TREATMENT SYSTEM.
(A) Properties that are situated within the official service areas of the Big Marine Sewer
Utility and currently receive service from said utility shall be required to maintain services
with this utility. Such service areas shall be identified and adopted by the City Council from
time to time, for the Bliss Facility and the Anderson-Erickson Facility subject to provisions
within this chapter. Only properties identified within these service maps may be served by
this utility and the connection of properties not yet currently served by the Big Marine
Sewer Utility shall also be to subject sufficient to allowable capacity limits set forth in this
code. Properties that meet city development code requirements specified in Ch. 153 of this
code, but are unable to be served by the Big Marine Sewer Utility, may by special permit
from the City Council obtain a permit for a private on-site septic system should adequate
space and design requirements be met under both this city code and Washington County
ordinance.
(B) Service area maps. The City Council shall adopt service area maps for the Bliss
Facility and the Anderson-Erickson Facilities for the utility as of the publication of this
amendment. Properties eligible for inclusion include:
(1) All properties currently served by one of the utility's two facilities.
(2) Parcels that meet all four for the following criteria:
(a) Said parcel meets all development minimum standards as specified within the city
development regulations found in Ch. 153 of this code of ordinances;
(b) The property owner of the parcel can demonstrate with a report from a state
licensed septic system designer, consistent with Minn. Rules part 7080, that no appropriate
sites for a system can be sited within the property consistent with state, city and county
regulations;
(c) That the city deems that inclusion of said property will not hinder the sewer
system's sufficient allowable capacity; and
(d) The inclusion of said property to the community wastewater system is deemed in
the interest of the environmental well-being of Big Marine Lake or other adjacent water
sources.
(C) New connections. New connections to the community sewage treatment system shall
be prohibited unless sufficient available capacity is available existing in all downstream
facilities and the property is identified within official service area maps for a facility within
this utility.
(1) Anderson-Erickson Facility. For the Anderson-Erickson Facility, sufficient capacity
is available if the peak flow as measured over the peak three day period is less than 90% of
the 6,700 gallon per day system design flow and the peak flow as measured on a monthly
basis is less than 90% of the target monthly limit of 5,300 gallons per day. New connections
may be allowed if there is available capacity below 5025 gallons per day.
(2) Bliss Facility. For the Bliss Facility, sufficient capacity is available if the peak flow as
measured on a monthly basis is less than 90% of 14,800 gallons per day. Nineteen
thousand, eight hundred gallons per day is the permitted flow less 5,000 gallons per day of
reserve capacity. New connections may be allowed if there is available capacity below
19,800 gallons per day.
(D) New connections to the community sewage system shall be prohibited if the system
is within 10% of the permit limits of non-flow sampling requirements calculated flow from
a new connection will exceed the allowable flow of the system. The city may also impose
new connection moratoriums if a facility is at risk of or has exceeded its sufficient available
capacity.
(E) Connections shall be limited to residential users only and to properties identified
within adopted service area maps.
(F) Alterations made or proposed that increase user capacity flow shall be treated as a
new connection under this chapter and as such shall be subject to the provisions of §
51.08(D).
(G) Any property owner requesting a utility must first apply for a permit with the city
that includes a survey, or site plan, as determined by the City Administrator and an analysis
from a Minn. Rules part 7080 (2011) licensed onsite sewage treatment system designer
documenting the calculated flow, size and location of tanks, piping, and the specifications of
pumps to be installed on the property consistent with city design specifications and the
Washington County Individual Sewage Treatment System Code.
(H) No person shall uncover, make any connection with, or opening into, or use, alter, or
disturb any portion of the system or appurtenance thereof without first obtaining a written
permit from the city. Further, it shall be a violation for any user upon whose property any
portion of the system is located to allow any unauthorized access, use, alteration, or
disturbance of any portion of the system or appurtenance thereof on the user's property.
(I) All sewer connections shall conform to applicable requirements of the State Building
and Plumbing Code and all applicable rules and regulations of the city or county. All
connections shall be made gas-tight and water-tight, and verified by proper testing to
prevent the infusion of infiltration/inflow. Any deviation from the prescribed procedures
and materials shall be approved prior to installation. The connection and inspection shall
be made under the supervision of the city building official or his or her designee.
(J) All new connections to the system after the effective date of this chapter shall have
their own septic tank and pump tank. The sharing of septic tanks among neighboring
properties is strictly prohibited. If a dwelling currently sharing a septic tank and/or pump
tank applies for a permit that involves any material improvements that increase the flow,
the property owner will be required to install a separate septic tank and pump tank unless
it can be proven that a non-economic hardship exists, in which case the property owner
may apply to the City Council for an exemption from this requirement. The cost to update
the system whether on or off of the property being developed will be at the owners
expense whom is making improvements adding additional flow to the system.
(K) New users connecting to the system shall pay to the city a sewer connection fee in
accordance with the current fee schedule set by ordinance of the City Council. In addition to
the connection fee, the new user is responsible for all of the costs associated with hooking
up to the community sewage treatment system, including, but not limited to, the septic
tank, pumps, wet wells, control panels, sewer laterals, road repair related to the installation
of the new equipment, and any costs incurred by the city in the use of engineers or other
third-party consultants.
(L) By accepting utility service each user shall allow the city access to inspect any
portion of the community sewage treatment system (Public or Private) and any connection
to the system, including (without limitation) portions of the system and connections
accessible from the interior of any structure. Interior inspections shall be conducted during
normal business hours of the city and the city shall provide the customer with at least 48
hours of notice before an inspection is to take place. Notice under this section shall be
effective upon mailing and shall be mailed to the customer or owner at the address file with
the utility. Failure to cooperate with the city's reasonable request for access shall be a
violation of this chapter.
(Ord. 202, passed 12-18-2018; Ord. 209, passed 2-19-2019; Ord. 21-04, passed 11-16-
2021) Penalty, see § 10.99
§ 51.09 MAINTENANCE RESPONSIBILITY.
(A) It shall be the responsibility of the property owner to maintain the service lateral
line from the septic holding tank into the house or building to the main service line service
main, including the holding and pump tanks. It shall be the responsibility of the city to
maintain the part of the system from septic tank to the to maintain from the service main to
the treatment facility. The contractor hired by the owner to repair the wastewater service
line service lines, septic tank, pump tank and any other devises on the property owner's
side of the system shall follow the all requirements of this section relating to new
Commented [KM21]: Charlie, Should we add a provision that requires the party that shares the tank to
install a tank if the property that has the tank is
redeveloped? I am thinking of the Reinhardts and their
neighbor. The neighbor should not have to install a tank
that is big enough to hand Joe’s discharge.
Commented [CF22R21]: As I read the section it says to me that whether on or not on the property a new system must be installed. Cost incurred will be at owner making improvements expense. I added the last sentence to make it more clear.
Commented [KM23R21]: I think this language is
sufficient.
Commented [CF24]: Added clarity to public and private
Commented [KM25]: Charlie, does this addition make sense?
Commented [CF26R25]: Changed the term and added definitions in section 51.03 and 50.03
construction which are applicable to maintenance work, including obtaining a permit from
the city.
(B) If the city identifies an improper condition of or unauthorized connection to any part
of the community sewage treatment system located on a user's property, the city shall
notify the user in writing and specify the maintenance or repair required. If the user fails to
cause the specified maintenance or repair to be properly performed, and evidence of the
same is not provided to the city within three days of the notice, the city may cause the
specified maintenance or repair to be performed and may charge the user for the cost of
the same, which cost shall be considered a cost of repairs under § 51.11.
(Ord. 21-04, passed 11-16-2021)
§ 51.10 PROHIBITED WASTE DISCHARGES.
(A) No user shall make or maintain connection of roof downspouts, exterior foundation
drains, surface runoff, or groundwater to a building sewer or indirectly into the community
sewage treatment system.
(B) No user shall discharge into the community sewage treatment system any
incompatible waste as defined in this chapter.
(C) No user shall discharge into the sewage system any wastewater having a strength
greater than that primarily produced by residential user, defined as having a biochemical
oxygen demand (BOD5) concentration of approximately 200 mg/l and suspended solids
concentration of approximately 225 mg/l. and fats, oils and grease(FOG) of approximately
75 mg/L.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.11 COST OF REPAIRS.
In addition to any penalties that may be imposed for violation of any provision of this
chapter, the city may assess against any user the cost of repairing or restoring sewers or
associated facilities damaged as a result of any act or omission in violation of this chapter
by the user or upon the user's property, and may collect the assessment as an additional
charge for the use of the system or may pursue any other method of collection of the costs
the city deems appropriate.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.12 ADMINISTRATION AND ENFORCEMENT.
(A) The City Administrator, or his or her designee, shall be responsible for
administration and enforcement of this chapter and the collection of the user charges as set
Commented [KM27]: Who monitors and how would anyone know these calculations?
Commented [CF28R27]: This would require taking a sample of a private septic tank and having it analyzed by a lab. If we find abnormal increased levels in our public
side of the system we could check or identify the
property causing the issue through this method. Using
the concentrations listed we could use as a regulatory
measure to the property owner to change or improve
there wastewater habits or infrastructure on their property.
Commented [KM29R27]: Do we do this, or is this here to give us the ability to do this if needed?
forth in this chapter. The City Council shall hear and decide appeals and review any order,
decision, or determination made by the Administrator regarding the enforcement of this
chapter.
(B) The city hereby establishes Big Marine Sewer Fund into which all revenue collected
from users shall be deposited, and from which all expenditures necessary for the operation
and maintenance of the system shall be paid.
(C) Any person who violates any provision of this chapter shall be guilty of a
misdemeanor, and upon conviction thereof, the violator shall be subject to a fine,
imprisonment, or both, plus the cost of prosecution.
(D) The city reserves the right to disconnect service to any user found to be in violation
of this chapter. Service shall not be disconnected until notice and an opportunity for a
hearing before the City Council have been provided to the occupant and to the owner of the
premises involved.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)