10.b Draft Ordinance 2025-01 - Amending Chapters 50 and 51 of the City Code of Ordinance Staff Report
Date of Meeting: February 18, 2025
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Draft Ordinance 2025-01 – Amending Chapters 50 and 51 of the City’s
Code of Ordinance
The attached draft ordinance language is presented for review. Public Works Director Fischer and I
have put together the proposed changes. They were presented to and recommended for approval
by the Wastewater Committee. The proposed changes are to Chapter 50, Uptown Wastewater
Treatment System, and Chapter 51, Big Marine Sewer Utility, of the City’s Code of Ordinances. A
public hearing will be held on the proposed changes at the March 18, 2025, City Council meeting.
Changes in Chapter 50 apply the correct terminology to the system name, aligning it with the
system’s permit terminology. Other changes add and clarify definitions over who owns what part of
the system. Clarifying public versus private ownership of service lines and tanks is needed to clarify
possible insurance claims and septic tank replacement. We have changed the billing time, noting
quarterly billing and not specifying a specific month for billing. We have removed specific billing
amounts instead of referencing the City’s fee schedule. System users will also only be referenced
by address and not business name.
Changes in Chapter 51 add and clarify definitions over who owns what part of the system.
Clarifying public versus private ownership of service lines and tanks is needed to clarify possible
insurance claims and septic tank replacement. We have changed the billing time, noting quarterly
billing and not specifying a specific month for billing. Connection requirements have also been
updated in Section 51.08. Maintenance responsibility is also clearly specified in Section 51.09.
The council does not need to take any action at this time. Staff welcomes your thoughts on the
proposed changes to Chapters 50 and 51 of the City Code of Ordinances.
Attachments:
Draft Ordinance 2025-01 – Amending Chapters 50 and 51 of the City Code of Ordinances
Page 1 of 14
CITY OF SCANDIA
ORDINANCE NO.: 2025-01
AN ORDINANCE AMENDING CHAPTER 50 UPTOWN WASTEWATER
TREATMENT SYSTEM AND CHAPTER 51 BIG MARINE SEWER UTILITY
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
The City Council of the City of Scandia adopts the following amended language
pertaining to the Uptown Wastewater Treatment System and the Big Marine Sewer Utility.
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.
Page 2 of 14
(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 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 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)
§ 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.
Page 3 of 14
(B) Bills shall be mailed for each account on a quarterly basis per 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.
§ 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)
§ 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 November 1 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 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.
Page 4 of 14
(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)
§ 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 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.
Page 5 of 14
(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)
14781 Oakhill Rd. N 450
Gammelgarden Museum 55
(21060 Olinda Trail) 200
21079 Olinda Trl. N 700
(14727 209th St. N) 340
(21080 Olinda Trail) and (21084 Olinda
Trail), combined
260
(21070 Olinda Trail) 15
Total 2,020
*****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.
Page 6 of 14
(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.
(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.
Page 7 of 14
(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
Page 8 of 14
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.
Page 9 of 14
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.
(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.
Page 10 of 14
(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) Bills shall be mailed for each account on a quarterly basis 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.
(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 November 1 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.
(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
Page 11 of 14
(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 be 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.
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(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.
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(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) Property Owner:
Responsible for all components connected to the wastewater system within the property (drain
line from home to tank, tank, step(lift) tank, pump, control panel and the lateral line from the
step(lift) tank to the main line in ROW.
(B) City
Responsible for the seasonal sludge and scum measuring and associated pumping of septic tanks
(paid for by the utility)
Responsible for ordering the corrective measures necessary based on inspections and assessment
completed by the City or contractor of the City
Responsible for responding to alarms associated with components within private property
Responsible to carry out the necessary repairs and pumping upon failure of any component within
the private property (paid for by the property owner or utility?)
(C)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.
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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 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)
Passed and adopted by the City Council of the City of Scandia this 18 th day of March, 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator