HomeMy WebLinkAboutOrdinance No. 4226 - OrdAmendRCO76.Supervise/Control of Sewers
AN ORDINANCE AMENDING AND REENACTING
CHAPTER 76 OF THE ROCHESTER CODE OF
ORDINANCES RELATING TO THE SUPERVISION AND
CONTROL OF SEWERS.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 76 of the Rochester Code of Ordinances is hereby
created and enacted to read as follows:
76. SUPERVISION AND CONTROL OF SEWERS.
76.01. Definitions. Subdivision 1. Unless the context specifically
indicates otherwise, the meaning of terms used in this ordinance shall be as
follows:
Subd. 2. “Act” means the Federal Water Pollution Control Act as
amended, 33 U.S.C. §1251, et. Seq.
Subd. 3. "Ammonia Nitrogen (NH-N)” means the quantity of nitrogen
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present in wastewater in the form of ammonia as measured by procedures
described in “Standard Methods.”
Subd. 4. “Building Drain” means that part of the lowest horizontal
piping of a drainage system which receives the discharge from soil, waste, and
other drainage pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building wall.
Subd. 5. “Building Sewer” means the extension from the building drain
to the public sewer or other place of disposal, also called house connection or
service connection.
Subd. 6. “Carbonaceous Biochemical Oxygen Demand (CBOD)”
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means the quantity of oxygen utilized after five days in the biochemical oxidation of
organic matter present in wastewater as measured by procedures described in
“Standard Methods.”
Subd. 7. “City” means the City of Rochester, Minnesota or its
governing body, the Common Council of the City of Rochester.
Subd. 8. “City Engineer” means the Public Works Director or his or
her designee.
Subd. 9. “Domestic or Sanitary Waste” means that waste which is
primarily produced by residential users. The following concentrations of
wastewater characteristics are established as domestic or sanitary waste and
any concentration found to be greater is considered high strength waste:
CBOD 250 mg/L
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TSS 250 mg/L
TP 7 mg/L
NHN 28 mg/L
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Subd. 10. “Easement” means an acquired legal right for the specific use
of land owned by others.
Subd. 11. “Fats, Oil, and Grease (FOG)” means fat, oil, or grease in a
physical state such that it will separate by gravity from wastewater. Wastewater
shall be considered free of fat, oil, or grease if it is properly pretreated, the
wastewater does not interfere with the collection system, and is present in
concentrations below 100 milligrams per liter as found in reference to Standard
Methods for the Examination of Water and Wastewater, Oil and Grease, method
5520.
Subd. 12. “Garbage” means the animal and vegetable waste resulting
from the handling, preparation, cooking, and serving of foods.
Subd. 13. “Incompatible Waste” means waste that either singly or by
interaction with other waste interferes with any waste treatment process, constitutes
a hazard to humans or animals, creates a public nuisance, or creates any hazard in
the receiving waters of the water reclamation plant.
Subd. 14. "Industrial Users” or “Industries" means a source that
introduces pollutants into the sanitary sewer from a non-domestic source regulated
under section 307(b)(c), or (d) of the Act.
Subd. 15. “Industrial Wastes” means wastewater discharged by
industries.
Subd. 16. “Natural Outlet” means any outlet, including storm sewers
and combined sewer overflows, into a watercourse pond, ditch, lake or other body
of surface of groundwater.
Subd. 17. “Person” means any individual, firm, company, association,
society, corporation or group.
Subd. 18. “pH” means the reciprocal of the logarithm of the hydrogen
ion concentration. The concentration is the weight of hydrogen ions, in grams, per
liter of solution as measured in procedures described in “Standard Methods.”
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Subd. 19. “Properly Shredded Garbage” means wastes from the
preparation, cooking, and dispensing of food that have been shredded to such a
degree that all particles will be carried freely under the flow conditions normally
prevailing in public sewers with no particle grater than ½ inch (1.27 centimeters) in
any dimension.
Subd. 20. “Public Sewer” means a sewer owned and controlled by the
City.
Subd. 21. “Publicly Owned Treatment Works (POTW)” means the
publicly owned treatment works that is comprised of the sanitary sewer system,
including the treatment plant and collection of infrastructure, operated by the City of
Rochester Public Works Department.
Subd. 22. “Residential/Commercial Users” are all non-industrial users.
Subd. 23. “Sanitary Sewer” means a pipe or conduit that carries
wastewater from residences, commercial buildings, industrial plants, and
institutions to the Water Reclamation Plant.
Subd. 24. “Slug” means any discharge of water or wastewater in a
sewer which in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes whereas more than five times the
average 24 hour concentration or flow is discharged.
Subd. 25. “Standard Methods” means the latest edition of Standard
Methods for the Examination of Water and Wastewater prepared and published
jointly by the American Public Health Association, the American Water Works
Association, and the Water Environment Federation, and, of options are available
for a particular characteristic, the method as chosen by the Water Reclamation
Plant for analysis.
Subd. 26. “Storm Drain” or “Storm Sewer” means a drain or sewer for
conveying surface water, groundwater, sub-surface water, or unpolluted water from
any source.
Subd. 27. “Total Organic Carbon (TOC)” means the oxidizable carbon
of organic origin that is present in wastewater as measured according to
procedures described in “Standard Methods” and is determined using a total
organic carbon analyzer.
Subd. 28. “Total Phosphorus (TP)” means all forms of phosphorus
present in wastewater as measured in procedures described in “Standard Method.”
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Subd. 29. “Total Suspended Solids (TSS)” means the non-filterable
residual matter present in wastewater as measured in procedures described in
“Standard Methods.” If a waste has a solids concentration, which cannot be filtered
using “Standard Methods” procedures, then total solids will be measured and used
in lieu of TSS using procedures described in “Standard Methods.”
Subd. 30. “Unpolluted Water” means water of quality equal to or better
than the effluent criteria in effect or water that would not cause violation of receiving
water quality standards and would not be benefitted by discharge to the sanitary
sewer and wastewater treatment facilities provided.
Subd. 31. “User” means a person who discharges, or causes or permits
the discharge of, wastewater into the City’s wastewater disposal system.
Subd. 32. “Wastewater” means the spent water of a community and
includes a combination of the liquid and water carried wastes from residences,
commercial buildings, industrial plants, and institutions, together with any
groundwater, and surface water that may be present.
Subd. 33. “Water Reclamation Plant (WRP)” means an arrangement of
devices and structures for treating wastewater and biosolids owned and operated
by the City of Rochester Public Works Department.
Subd. 34. “Watercourse” means a natural or artificial channel for the
passage of water either continuously or intermittently.
76.02. Control by the City Engineer. The City Engineer shall have
control and general supervision of all public sewers and service connections in the
City, and shall be responsible for administering the provisions of this chapter to the
end that a proper and efficient public sewer system is maintained.
76.03. Unlawful Acts. Subdivision 1. It shall be unlawful for any
person to place, deposit, or permit to be deposited in any unsanitary manner on
public or private property within the City, or in any area under the jurisdiction of said
City, any human or animal excrement, garbage, or objectionable waste.
Subd. 2. It shall be unlawful to discharge to any watercourse within the
City, or in any area under the jurisdiction of said City, any wastewater or other
polluted waters, except where suitable treatment has been provided in accordance
with subsequent provisions of this ordinance.
Subd. 3. Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or
used for the disposal of wastewater.
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76.04. Private Wastewater Disposal. Subdivision 1. Where a
public sanitary sewer is not available the building sewer shall be connected to a
private wastewater disposal system complying with the provisions of this section.
Subd. 2. Before commencement of construction of a private wastewater
disposal system, the owner shall obtain a permit issued by the City Engineer. The
application for such permit shall be made on a form furnished by the City, which the
applicant shall supplement by any plans, specifications, and other information as
are deemed necessary by the City Engineer.
Subd. 3. The use of such private system shall not be made until the
installation is completed to the satisfaction of the City Engineer. The City Engineer
shall be allowed to inspect the work at any stage of construction, and the applicant
shall notify the City Engineer when the system is ready for final inspection and
before any underground portions are covered.
Subd. 4. The type, capacities, location, and layout of a private
wastewater disposal system shall comply with all requirements of the Department
of Public Health of the State of Minnesota and/or the Olmsted County Health
Department. No permit shall be issued for construction of any private wastewater
disposal system employing subsurface soil absorption facilities where the area of
the lot is less than 20,000 square feet. No disposal system employing a septic tank
or cesspool shall be permitted to discharge to any watercourse.
Subd. 5. When an owner disconnects a private wastewater disposal
system, the septic tank, cesspool, or similar private wastewater disposal facility
shall be cleaned of sludge. The bottom shall be broken to permit drainage, and
the tank or pit filled with suitable material.
Subd. 6. The owner shall operate and maintain a private wastewater
disposal facility in a sanitary manner at all times, at no expense to the city.
76.05. Connections; Permit Required. No person shall uncover,
make any connections with or opening into, use, alter, or disturb any public sewer
or appurtenance thereof without first obtaining a written permit from the City
Engineer.
76.06. Application for Connection Permit. Subdivision 1. An
application for a permit shall be made by the person employed to make the
connection and shall state the location, name of owner, street address of building to
be connected, its use, and the name of the person doing the work. The individual
signing the application for the person employed to make the connection shall be
empowered to bind said person. No person shall extend any private drain beyond
the limits of the building or property for which a service connection permit has been
given. A person who desires to construct, reconstruct, extend, or alter a service
connection shall before beginning work file with the City Engineer a plan showing
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the whole course of the service connection and all branches, traps and fixtures
connected therewith. If the City Engineer finds that the plan does not conform to
the requirements of this ordinance, the City Engineer shall not issue a permit for
such connection.
Subd. 2. Installation costs and expenses. No costs or expenses related
to the installation and connection of the building sewer shall be borne by the City.
The person making the application for the permit, as a condition of issuance of the
permit, shall agree to indemnify the City from any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer.
Subd. 3. Connection charge. In addition to a permit fee which may be
established by the Common Council from time to time by resolution, the owner may
be required as a condition of issuance of a permit under this section to pay a
suitable connection charge if the same has been established for said property by
resolution of the Common Council.
76.07. Connections; Standards. Subdivision 1. A separate and
independent building sewer shall be provided for every building except: (A) that
more than one building may be served by a single connection when the buildings
are designed and built as a single complex to remain under the control and
ownership of one person; or, (B) where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed to the rear
building through an adjoining alley, court, yard, driveway, or easement, the front
building sewer may be extended to the rear building and the whole considered as
one building sewer. Provided further, a single building consisting of a structure
designed and constructed to be located on two separate lots or parcels of land
owned by different persons must be served by a separate and independent service
connection to each part of the structure located on a separate lot or parcel.
Subd. 2. An existing building sewer may be used in connection with a
newly constructed building only if it is determined by the City Engineer to meet all
requirements imposed by this ordinance.
Subd. 3. The size, slope, alignment and material of construction of a
building sewer, and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench, shall all conform to the requirements of
the standard specifications for construction of service connections promulgated by
the City Engineer. In the absence of standard specifications or in amplification
thereof, the materials and procedures set forth in appropriate specifications of the
City of Rochester Public Works Specifications and Standards shall apply.
Subd. 4. If possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which any building
drain is too low to permit gravity flow to the public sewer, sanitary sewage carried
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by such building drain shall be lifted by an approved means and discharged to the
building sewer.
Subd. 5. No person shall make connection of roof downspouts,
foundation drains, areaway drains, or other sources of surface runoff or
groundwater to a building sewer or indirectly to a public sanitary sewer.
Subd. 6. The connection of the building sewer into the public sanitary
sewer shall conform to the requirements of the Building and Plumbing Code and
other applicable regulations of the City, or the procedures set forth in appropriate
specifications of the City of Rochester Public Works Specifications and Standards.
Any connection shall be made gastight and watertight and verified by proper
testing. A deviation from the prescribed procedures and materials must be
approved by the City Engineer in advance of installation.
Subd. 7. An excavation for building sewer installation shall be
adequately guarded with suitable barricades and lights so as to protect the public
from any hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory to the City
Engineer.
76.08. Connections; Final Inspection. The applicant for the building
sewer permit shall notify the City Engineer when the building sewer is ready for
inspection and connection to the public sewer. The connection and testing shall
be made under the supervision of the City Engineer.
76.09. Connections; License Required. Subdivision 1. No person
shall make a connection with any public sewer unless regularly licensed under this
section to perform such work.
Subd. 2. A person desiring a license to make a connection with a public
sewer shall apply in writing to the common council, and shall furnish the council
satisfactory evidence that the applicant is a person trained or skilled in the
business, is in compliance with all requirements of state law, and is otherwise
qualified to receive a license. The application shall be referred to the City Engineer
for recommendation to the council. If approved by the council, a license shall be
issued by the City Clerk upon the payment of fees and filing of a bond as
hereinafter provided.
Subd. 3. No license shall be issued to a person until a certificate of
general liability and vehicle liability insurance in an amount not less than
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$2,000,000 each occurrence and $4,000,000 aggregateanda $10,000 licensing
bond has been filed with the City Clerk. The licensing bond shall state that it covers
defects in the work performed during the license year with the coverage to extend
for a period of two years after completion of the work. No bond shall be accepted
that attempts to spread the coverage of the bond amount over more than one
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license year. The bond shall be approved as to form by the City Attorney and shall
be conditioned that: (A) the licensee will indemnify and save harmless the City from
all suits, accidents and damage that may arise by reason of any opening in any
street, alley or public ground, made by the licensee or by those in the licensee's
employment for any purpose whatever; (B) the licensee will replace and restore the
street or alley over such opening to as good a state and condition as the licensee
found it; the licensee willkeep guard by day and adequate lights by night and keep
and maintain the same in good order, to the satisfaction of the City Engineer; and
(C) the licenseeshall conform in all respects to the rules and regulations of the
Common Council relative thereto, and pay all fines that may be imposed on the
licensee by law.
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76.10. License Fee. The annuallicense feeincluding any
additional fees for late renewal, shall be established by resolution of the Common
Council. All licenses shall expire on December 31 of the license year unless
sooner suspended or revoked by the council for cause.
76.11. Suspension or Revocation of a License. Subdivision 1.
The Common Council may suspend or revoke a license issued under this
chapter for any of the following reasons:
A. Providing false information in connection with the application
for a license; or
B. Incompetence of the Licensee; or
C. Willful violation of any provision of this chapter or any
regulation pertaining to the making of connections, including
the failure to obtain and maintain licensures, bonds, and
insurance as required by this chapter or state law.
Subd. 2. Whenever it appears to the Common Council that adequate
grounds may exist for the suspension or revocation of a specific license granted
under this chapter, the Council shall order a hearing to be held upon notice to the
licensee. The notice of hearing shall specify the nature of the alleged grounds
upon which such action may be taken and shall be mailed to the licensee a
reasonable period of time prior to the scheduled hearing. Following the hearing the
Common Council shall determine whether the licensee has engaged in conduct in
violation of subdivision 1 of this section. Upon a finding that a violation has
occurred, the Council may either.
A. Suspend the license for a period of up to 60 days;
B. Revoke the license; or
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C. Impose such other conditions as it determines will ensure
the Licensee’s continued compliance with this chapter.
76.12. Change of Name or Ownership of License. A licensee shall
immediately notify the City Clerk of any change in the name under which the
licensee's business is conducted; and, of any change in the ownership of a licensed
business if the license is issued in the name of the business and not a natural
person.
76.13. Unlawful Acts; Licensees. A person licensed under this
chapter shall not permit his/her name to be used by any other person, for the
purpose of obtaining permits or doing any work under his or her license for the
purpose of evading the licensing requirements of this ordinance.
76.14. Public Sewer; Discharge of Unpolluted Water. Subdivision
1. No persons shall discharge or cause to be discharged any unpolluted water,
including stormwater, groundwater, roof runoff, subsurface drainage, or cooling
water, to any public sanitary sewer.
Subd. 2. Stormwater and all other unpolluted drainage shall be
discharged only to such public sewers as are specifically designated as storm
sewers or to a natural watercourse approved by the City Engineer and other
regulatory agencies. Unpolluted industrial cooling water or process waters may be
discharged, on approval of the City Engineer, to a storm sewer, or natural
watercourse. A discharge to a storm sewer or natural outlet may in addition require
a National Pollutant Discharge Elimination System (NPDES) permit issued by the
United States Environmental Protection Agency.
76.15. Certain Discharges: General Limitation. Any substances,
materials, water, or waste shall be limited in discharges to a public sanitary sewer
to concentrations or quantities which will not harm either sewers, the Water
Reclamation Plant treatment process or equipment, will not have an adverse effect
on the receiving stream, or will not otherwise endanger persons or public property,
or constitute a nuisance. The WRP Manager may set a limitation lower than a
limitation otherwise established by this ordinance if in his opinion the more
restrictive limitation is necessary to meet the foregoing objectives. In establishing
such a limitation, the WRP Manager may give consideration to factors such as the
quantity of waste in reaction to flows and velocities in the sewers, materials of
construction of the sewers, and the safety of personnel at the Water Reclamation
Plant.
76.16. Certain Discharges Prohibited. No user shall discharge or
cause to be discharged, directly or indirectly, any of the following described
substances into the wastewater disposal system or to any public sewer:
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A. Any liquids, solids or gases which by reason of their nature or
quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious
in any other way to the wastewater disposal system or to the
operation of the system. At no time, shall two successive
readings on an explosion hazard meter, at the point of
discharge into the system or at any point in the system, be
more than five percent nor any single reading over ten percent
of the Lower Explosive Limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline, kerosene,
naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides and sulfides.
B. Solid or viscous substances which will or may cause
obstruction to the flow in a sewer or other interference with the
operation of the wastewater treatment facilities including, but
not limited to: grease, garbage with particles greater than 1/2"
in any dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal,
glass, straw, shavings, grass clippings, rags, personal hygiene
wipes or cleaning paper products that do not readily dissolve
within two minutes, spent grains, spent hops, waste paper,
wood, plastic, gas tar, asphalt residues, residues from refining
or processing of fuel or lubricating oil, mud or glass grinding or
polishing wastes. Exceptions for some wastes, pursuant to
section 76.16 (p) are allowed.
C. Any wastewater having a pH less than 5.0 or greater than
11.0, or having any other corrosive property capable of
causing damage or hazard to structures, equipment, and
personnel of the wastewater disposal system.
D. Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other pollutants, to
injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, or create a toxic
effect in the receiving waters or the wastewater disposal
system.
E. Any noxious or malodorous liquids, gases, or solids which
either singly or by interaction with other wastes are capable of
creating a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for their maintenance and repair.
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F. Any substance which may cause the wastewater disposal
system's effluent or any other product of the wastewater
treatment process such as residues, biosolids, or scums, to be
unsuitable for reclamation and reuse or to interfere with the
reclamation process. In no case, shall a substance
discharged to the wastewater disposal system cause the
system to be in noncompliance with biosolids use or disposal
criteria of the State.
G. Any substance which will cause the wastewater disposal
system to violate its NPDES and/or State Disposal System
Permit or the receiving water quality standards.
H. Any wastewater with objectionable color not removed in the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions.
I. Any wastewater which creates conditions at or near the
wastewater disposal system which violates any statute or any
rule, regulation or ordinance of any public agency or state or
federal regulatory body.
J. Any wastewater having a temperature greater than 150F
(65.6C), or causing, individually or in combination with other
wastewater, the influent at the wastewater treatment plant to
have a temperature exceeding 104.
K. Any slug load, which shall mean any pollutant, including but
not limited to CBOD, TSS, NHN, TP, high or low pH, etc.,
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released in a discharge of such volume or strength as to
cause interference in the wastewater disposal system. In no
case shall a slug load have a flow rate or contain
concentration or quantities of pollutants that exceed for any
time period longer than 15 minutes more than five times the
average 24 hour concentration, quantities, or flow. The Water
Reclamation Plant must be notified immediately in the event of
any slug load accidentally discharged or any other discharge
that has the potential, either singly or in combination with other
wastewater, to cause interference with the wastewater
disposal system's process.
L. Any wastewater containing fats, oils or grease, whether
emulsified or not, in excess of 100 mg/l or containing
substances which may solidify or become viscous at
temperatures between 32F and 150F (0C and 65.6C); and
any wastewater containing oil and grease concentrations of
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mineral origin of greater than 25 mg/l, whether emulsified or
not.
M. Wastewater containing inert suspended solids (such as, but
not limited to, Fullers earth, lime slurries, and lime residues) or
of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate) in such quantities that they would cause
interference with the wastewater disposal system.
N. Wastewater containing hexavalent chromium. Any industrial
discharger producing waste containing hexavalent chromium
shall provide pretreatment facilities which will effectively
reduce the chromium to the trivalent state. Dischargers will
also be subject to appropriate limitations on total chromium
discharges to the municipal wastewater collection system.
O. Any trucked or liquid hauled waste except as designated by
the WRP Manager.
P. Any medical wastes, except as provided for in an acceptable
infectious waste management plan in compliance with the
Minnesota Pollution Control Agency, pursuant to Minnesota
Statutes.
Q. Any discharge, which if otherwise disposed of would be
considered a listed or characteristic hazardous waste under 40
CFR part 261, unless approved by the Water Reclamation
Plant. Notification of such discharges must be made in writing
and receive approval prior to discharge.
76.17. Remedies for Unlawful Discharges. Subdivision 1. If any
waters or wastes are discharged or are proposed to be discharged to the public
sanitary sewers, which waters contain the substances or possess the
characteristics enumerated in section 76.16 and which in the judgment of the WRP
Manager, may have a deleterious effect upon the wastewater facilities, processes,
equipment, or receiving waters, or which otherwise create a hazard to life or
constitute a public nuisance, the City may.
A. Reject the wastes;
B. Require pretreatment to an acceptable condition for discharge to
the public sewers;
C. Require control over the quantities and rates of discharge; or
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D. Require payment to cover added cost of handling the wastes not
covered by existing taxes or sewer charges.
Subd. 2. If the City permits the pretreatment or equalization of waste
flows, the design and installation of the plants and equipment shall be subject to the
review and approval of the City Engineer.
Subd. 3. No provision contained in this ordinance shall be construed to
prevent or prohibit a separate or special contract or agreement between the City
and any user whereby waste and material of unusual strength, character or
composition may be accepted by the City for treatment, subject to additional
payment therefore by such user; provided, however, that such agreement shall
have the prior approval of the WRP Manager.
Subd. 4. No provision of this section shall be construed to limit the
applicability of any other civil or criminal remedy by the City in the event of a
violation by a person of section 76.16 For the purpose of a criminal prosecution for
a violation of section 76.16 each day that such unlawful discharge occurs shall be
construed as a separate violation.
76.18. Grease, Oil, Sand Interceptors. A grease, oil, or sand
interceptor shall be provided when, in the opinion of the WRP Manager or Plumbing
Inspector, it is necessary for the proper handling of liquid wastes containing
floatable grease, flammable wastes, sand or other harmful ingredients; except that
an interceptor shall not be required for private living quarters or dwelling units. An
interceptor shall be of a type and capacity approved by the WRP Manager or
Plumbing Inspector, and shall be located as to be readily and easily accessible for
cleaning and inspection. In the maintenance of an interceptor the owner shall be
responsible for the proper removal and disposal by appropriate means of any
captured material and shall maintain records which are subject to review by the
WRP Manager of the dates, and means of disposal. Any removal and hauling of
collected material not performed by the owner must be performed by currently
certified waste disposal firms.
76.19. Pretreatment; Flow Equalization Facilities. Where a
pretreatment or flow-equalizing facility is provided or required for any waters or
wastes, it shall be continuously maintained in satisfactory and effective operation by
the owner at his/her expense.
76.20. Industrial Waste; Metering and Sampling. If required by the
WRP Manager, the owner of any property serviced by a building sewer carrying
industrial wastes shall install such necessary meters and other equipment in the
building sewer to facilitate observation, sampling, and measurement of the waste
discharged. Such equipment, when required, shall be accessible and safely
located and shall be installed in accordance with plans approved by the WRP
Manager. The equipment shall be installed by the owner at his/her expense and
shall be maintained and accessible at all times. When required by the WRP
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manager, composite sampling equipment shall be capable of collecting a flow
weighted sample via means of electronic communication between flow meter and
sampler. All samples shall be properly refrigerated to 4º Celsius. All flow meters
shall be calibrated annually, at a minimum, by a third party vendor.
76.21. Measurements; Analysis; Standards. All measurement, test,
and analysis of the characteristics of waters and waste to which reference is made
in this chapter shall be determined in accordance with the Standard Methods.
Sampling methods, location, times, durations, and frequencies shall be determined
on an individual basis subject to approval by the WRP Manager. In this regard,
reference is made to 40 CFR 136, "Guidelines Establishing Test Procedures for the
Analysis of Pollutants.”
76.22. Inoperable Sewers. Whenever any connection to a public
sewer becomes clogged, obstructed, broken or out of order, or detrimental to the
use of the public sewer, or unfit for the purpose of drainage, the owner or person
having charge of the connection shall repair or cause such work to be done as the
City Engineer may direct. Each day following the third day after a written order to
do so has been given that a person neglects or fails to so act shall constitute a
separate violation of this section, and the City Engineer may then cause the work to
be done, and recover from such owner or agent the expense thereof, including
interest by means of an action brought in the name of the City.
76.23. Forbidden Substances. No person having charge of any
building, or other premises, which drains into a public sewer, shall permit any
substance or matter which may form a deposit or obstruction to flow or pass into
the public sewer. Within ten days after notice in writing from the City Engineer, a
person shall install a suitable and sufficient catch basin or waste trap, or if one
already exists, clean out, repair or alter the same, and perform such other work as
the City Engineer may deem necessary to prevent any substance or matter passing
into the public sewer which may cause a deposit or obstruction therein. In addition
to any penalties that may be imposed for violating this section, if a person refuses
or neglects to install a catch basin or waste trap or to clean out, repair, or alter the
same, if one exists, for a period of five days, the City Engineer may cause such
work to be done as deemed necessary, and recover the expense thereof, including
interest, from such owner by means of an action brought in the name of the City.
76.24. Additional Charges. In addition to any penalty that may be
imposed for violation of any provision of this ordinance, the City may assess
against any person the cost of repairing or restoring sewers or associated facilities
damaged as a result of the discharge of prohibited wastes by such person and may
collect such assessment as an additional charge for the use of the public sewer
system or in any other manner deemed appropriate by the City or the laws of the
State of Minnesota.
14
76.25. Motor Vehicle Washing and Servicing Facilities. The owner
or operator of any motor vehicle washing or servicing facility shall provide and
maintain in serviceable condition at all times a catch basin or waste trap in the
building drain system to prevent grease, oil, dirt, or any mineral deposit from
entering the public sewer system.
76.26. Willful Destruction or Damage to Facilities. No person shall
maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or
tamper with any structure, appurtenance or equipment which forms a part of the
POTW.
76.27. Inspectors: Duties and Authority. Subdivision 1. The City
Engineer or other duly authorized employees of the City shall be permitted to enter
all property for the purpose of inspection, observation, measurement, sampling, and
testing pertinent to discharge to the public sewer system in accordance with the
provisions of this chapter.
Subd. 2. The City Engineer or other duly authorized employees are
authorized to obtain information concerning industrial processes which have a
direct bearing on the kind or source of discharge to the wastewater collection
system. An industry may withhold proprietary information in accordance with 40
CFR 403.14.
Subd. 3. While performing necessary work on private property the City
Engineer or duly authorized employees of the City shall observe all safety rules
applicable to the premises established by the owner and the owner shall be held
harmless for injury or death to the City employees and the City shall indemnify the
owner against loss or damage to its property by City employees and against liability
claims and demands for personal injury or property damage asserted against the
company and growing out of the gauging and sampling operation, except as such
may be caused by negligence or failure of the company to maintain safe conditions
as required by section 76.20.
Section 2. This ordinance shall be effective upon the date of its
publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY
OF ROCHESTER, MINNESOTA, THIS _____ DAY OF _____________, 2016.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
15
APPROVED THIS _____ DAY OF ______________________, 2016.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/76
16
ORDINANCE NiO.9220
m.
.Of=AN ORDI NANCF AME ND-
. ING AND REENACTING;
AFFIDAVIT Lt CHAPTER D THETOF
ROCHESTERROCHESTERR CODE
}}+�} Minnesota,
p Olmsted
4 RDINANCE$RELATING
4C l i o A11l peSt c p 4LIC9C LJ6 AN ON ROLOSUPERVISION j
County ERS CONTROL of sE9hl
Y
The, following Is a sura.
Lisa Schell, being duly sworn, on oath that she is the publisher or authorized ands enR of Supervision
agent and employee of the publisher of the newspaper knowwn as the Post-
Ordinance as adCom-
gptwq trig Rochester C�rn,-
Bulletin, and has full knowledge of the facts which are stated' below: moCouncil on February
1, %116, and Is Published
pursi;iaht' to Section 6.07
A The newspaper has come lied with all the requirements constituting
of the
I;t fer'ondrSe darn
� ) ' p'� q g
qualifications as a legal newspaper, as provided by Minnesota Statute Minn'I so sStad. t0 of the
Mlntlesota ratuates. The
33'1A.02, 331 A.07 and other applicable laws„ as amended. Rochester Cornrnon Coun-
all sptsroved the publication
of this ordinance summary
(B) The printed notice rat tIsa�Februaryp , 20o6,
dinance Is on tile at the Of-
,1166�61 the City Clerk,'201
Which is attached was cut from the columns of said newspaper", and was Fourth street &E., Room
nd
printed and published '1 time(s); it was printed and published on the following a he Rochester P blit,-
dates: braxy; 101 Second Streot
PB 02/06/2016 This rdltnonRochecera fe
This otdtnen�o roggutale;
the manner In wlcft cert-
1PB 02/06/2016 Aectlons and dlsohar0es 1
aro,made to the ClWs ow-
er, stem.
PA
SED AND ADOPT-
Printed below is a copy of the lower case alphabet from a to z, both inclusive, ED LAY THE COMMON
COUNCIL OF THE CITY
which is hereby acknowledged as being the size and kind of type used in the of MOCHEST R, 'MIN-
composition and publication of the notice: NE$Ob u"aty;Salta st DAY
/sl Rand yy Slaver
abcdetghijkl n ogpgrstuvwxyz PRESIDENT OF SAID
COMMON COUNCIL
PQSTULL1 .L.C. ATTEST:
PaY: ..,. /S!Aaron S.Reeves
CITY CLERK
APPROVED THIS 4th DAY
OF February,2010.
TITLE: Media inside Sales Manager 0Ardell F.Brads
MA^r,&
seal of the cityof
M ochester,ft hnesota)'
Subscrib! sd and sworn to me on JEAN N gOpt lT f
'
This _5 da of _. s 2(l 1 t �
NOTARY PtltYt.rC.MINfvESCTA
..
oll, «a M'y'Cornrtt Exp.Jan.�1,2020
Nt y PubfiG
RATE INFORM ATI N
1) Lowest classified rate paid by commercial user $21.95
For comparable space (per inch/per day/display rate)
2) Publication Fee $114.44
Ad N 161200:ORDINANCE NO.4226 AN ORDINANCE AMEN
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