3.g Discussion on draft amendment to the 201 sewer ordinance to provide for an inspection program
Staff Report
Date of Meeting: February 6, 2019
To: City Council
From: Neil Soltis, Administrator
Re: 201 Sewer System
Background: Based on the recommendation of the Wasterwater Advisory Committee the 2019
budget for the 201 sewer system provides funding for an inspection program to look at the sources
for inflow and infiltration into the sewer system. Currently the increase flows into the system after
storm events and snow melts impacts the operation of the system and the metrics by which system
performance are regulated (e.g. – maximum daily and monthly flow). The graphs below show the
flows in the 201 system around the dates of a storm event last April.
The maximum daily flow permitted by Washington County is 6,700 gallons per
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AE April 2018
The maximum daily flow permitted by MPCA is 19,800 gallons per day
City Attorney Eric Sherburne has noted that the existing ordinances governing the “201” Community
Sewage Treatment System do not include explicit authority for the City to require property owners
to cooperate with the City’s requests to inspect the system. The City should consider amending
Ordinance No. 202 to include an inspection provision. As a starting place for discussion he has
proposed the language in the proposal details below.
Issue: Should the ordinance governing the 201 septic system be amended to allow for illegal
connections to the system?
Proposal Details:
Ordinance No. 202, the Ordinance Governing the “201” Community Sewage Treatment System,
shall be amended as follows:
In Section 3, Rules and Definitions, the definition of “user” is amended:
User. A residential dwelling or other establishment connected to the Community Sewage
Treatment System, including and extending to the owners and occupants thereof.
In Section 8, Connections to the Community Sewage Treatment System, insert a new subsection:
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April Bliss #3 2018
I. Each user shall allow the City access to inspect any portion of the community sewage
treatment system and any connection to the system, including (without limitation) portions
of the system and connections accessible from the interior of any structure. Failure to
cooperate with the City’s reasonable request for access shall be a violation of this
ordinance.
This “Section 8.I.” would require cooperation and enable a consequence, for example, through the
Administrative Citation Program.
Perhaps also consider including a “repair order” provision like this:
J. 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 to be provided to the City, within 30 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 Section 10.
Options:
1. Prepare a draft ordinance for discussion at the Council meeting
2. Refer the matter to the Wastewater Advisory Committee for review
3. Take no action