7.c)1) Uptown Wastewater Ordinance ,
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SCANDIA
Staff Renort
Date of Meeting: November 20, 2012
To: City Council
From: Kristina Handt, City Administrator
Re: Uptown Wastewater Ordinance
Agenda Item#:7.c)1)
Background:
The Wastewater Advisory Committee reviewed a draft ordinance for the governance of the
Uptown System at their July and November committee meetings. At the November 1, 2012
meeting the voted to recommend Ordinance No. 134 to the City Council.
Issue:
Should Ordinance No. 134 be adopted?
Proposal Details:
A copy of the proposed ordinance is in your packet. The ordinance defines public versus private
portions of the system, establishes the framework for billing, and addresses connection issues,
maintenance and operation requirements, prohibited waste discharges, and the cost of repairs.
While the ordinance establishes the framework for billing, specific rates will be considered
separately by the Council at the December 18`h meeting. Delinquent accounts would be certified
to the county auditor each year, similar to what currently happens with the 201 system.
New connections must be approved by the city and the new user bears all costs for determining if
there is sufficient capacity.
The property owner is responsible for maintenance on the private portion of the system including
septic tank pumping, repair of leaking tanks or pipes, repair or replacement of pumps, control
panels and accessories, and any other work as determined by the City of Scandia as being
necessary to prevent harm to the system. However, the User shall allow the City access to inspect
the Private Portion of the System. Water meters are read periodically for monitoring and billing
purposes. An Average Daily Flow chart is included in the ordinance but allows the City the
flexibility in changing amounts if necessary.
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No user may connect roof drains, exterior foundation drains or runoff directly to the septic
system. No User shall discharge incompatible waste, garbage or food waste into the system.
Consistent with state regulations,no User shall discharge any water or waste containing fats,
wax, grease or oils,whether emulsified or not, in excess of 50 mg/1 or containing substances
which may solidify or become viscous at temperatures between 32 degrees and 150 degrees F.
Fiscal Impact:
By defining the public and private portions of the system, this ordinance will identify what
charges are paid by the property owner and which are paid by the system users.
Options:
1) Approve Ord. No. 134
2) Amend and then Approve Ord. No. 134
3) Take no action at this time
Recommendation:
Option 1.
CITY OF SCANDIA
ORDINANCE NO. 134
AN ORDINANCE GOVERNING THE "UPTOWN"
WASTEWATER TREATMENT SYSTEM
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
SECTION 1. TITLE.
This Ordinance shall be known, cited and referred to as the Uptown Wastewater
Treatment System Ordinance, except as referred to herein, where it shall be know, as"this
Ordinance."
SECTION 2. PURPOSE AND INTENT.
The purpose of this Ordinance is to establish the requirements for the operation,
maintenance and administration of Uptown Wastewater Treatment System (UWTS) owned and
operated by the City of Scandia which serves the Village Center portion of the City and to
establish a mechanism for setting user charges therefor. This Ordinance 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 and expenditures for operation and maintenance of the system.
SECTION 3. RULES AND DEFINITIONS.
In the event of conflicting provisions in the text of this Ordinance, and/or other
Ordinances, the more restrictive provisions shall apply. The City Council shall determine in its
sole discretion which is more"restrictive." Words used in the present tense shall include the past
and future tense; the singular includes the plural and the plural includes the singular. The word
"shall" is mandatory and the word"may" is permissive.
The following capitalized terms are defined as follows for purposes of this Ordinance:
Account. A record of periodic costs for sewer service provided to each property
connected to the Scandia UWTS.
Owner. The owner of a parcel of real property in the City which is served by the UWTS
or upon which the Private Portion of the System or the Public Portion of the System are located.
Private Portion of the System. That portion of the UWTS 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, septic tanks,pumps and any
other components serving individual users of the system.
Public Portion of the System. That portion of the UWTS that is owned and operated by
the City of Scandia,including the soil treatment system,pre-treatment units, tanks,pumps,
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control panels, collection lines, force main and any other components serving more than one user
of the system.
City. The City of Scandia, Washington County, Minnesota.
Uptown Wastewater Treatment System(UWTS). A wastewater treatment system that
serves the Village Center of Scandia, Minnesota and consisting of: collector lines,pumps,
sewage tanks, soil treatment unit and any related appurtenances.
User. The resident, inhabitant, occupant of an establishment that is causing or permitting
the discharge of wastewater to the UWTS.
SECTION 4. 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 Minnesota Statutes. Such 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 each month and
specify the charges in accordance with the current schedule of user charges and fees.
All charges shall be due upon receipt and considered delinquent after the fifth day of
the following month.
SECTION 5. 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 Washington 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 Section 6 below, any unpaid charges shall be
a lien upon the property to the full extent allowed by law.
SECTION 6. 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 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 Section 5 above, not less
than 10 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.
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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. Accountholders 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
Ordinance, 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 Washington
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 Washington County.
D. The City may in lieu of or in addition to certification as provided in Section 6(C)
above, in its discretion, file suit in a civil action against the Owner of the property to
collect such 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. Such attorney's fees shall be fixed by order of the Court.
SECTION 7. CONNECTIONS TO THE UPTOWN WASTEWATER 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 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 or his
designee.
C. New connections to the UWTS 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.
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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 detertnined 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.
SECTION 8. 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 MN Rules Chapter
7080, Washington County Ordinance, and the City of Scandia'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 of Scandia as
being necessary to prevent harm to the UWTS.
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 such charge within 60 days of the date
of such bill, City may assess the cost against the User and collect such 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 of Scandia,
Washington County or requirements of the Minnesota Pollution Control Agency.
I. Users shall not contribute a volume of wastewater to the system at a rate greater than
the following:
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Average Daily Flow
(gallons/day calculated over
User a eriod of 1 calendar ear
Schmitt Mall (21080 Olinda Trail) and Edward Jones 260
21084 Olinda Trail), combined
R&B Auto (21060 Olinda Trail 200
Scandia Cafe/ Store/Deli aka"Su erette") 700
Yo a Hus(21070 Olinda Trail) 15
Elim Lutheran Church (including residence/ former 450
arsona e)
Gammel arden Musuem 55
Scandia Community Center and Warming House
(14727 209th St N 340
Total 2,020
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 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 to be exceeded.
SECTION 9. 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.
B. No User shall discharge into the UWTS 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.
D. No User shall discharge into the UWTS 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 mg/1 or containing substances which may
solidify or become viscous at temperatures between 32 degrees and 150 degrees F (0
and 65 degrees C).
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SECTION 10. COST OF REPAIRS.
In addition to any penalties that may be imposed for violation of any provision of this
Ordinance, 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 such assessment as an additional charge for the use
of the system in the manner provided in Section 6 or may pursue any other method of collection
of the costs it deems appropriate.
SECTION 11. SEVERABILITY.
If any provision of this Ordinance is found to be invalid for any reason by a court of
competent jurisdiction,the validity of the remaining provisions shall not be affected.
SECTION 12. ADMINISTRATION AND ENFORCEMENT.
A. The City Administrator shall be responsible for administration and enforcement of the
Ordinance, and the collection of the User charges as set forth in this Ordinance. The
City Council shall hear and decide appeals and review any order, decision or
determination made by the Administrator regarding the enforcement of this
Ordinance.
B. The City hereby establishes an Uptown Wastewater 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 Ordinance 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 or property found to be
in violation of this Ordinance. 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.
SECTION 13. REPEAL.
Any ordinance or provision of an ordinance heretofore existing pertaining to the subjects
treated in this ordinance, including Ordinance No. 55 (An Ordinance Establishing the Charges
for the Operation, Maintenance, and Administration of the Central Community Sewage
Treatment System), shall be deemed repealed from and after the effective date of this ordinance.
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SECTION 14. EFFECTIVE DATE. This Ordinance shall be in full force and upon its
adoption and publication according to law.
Passed and adopted by the City Council of the City of Scandia this day of
, 2012.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Clerk/Administrator
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