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CR 93-133 Ordinance To Amend Discharge Stormwater '1; . y " 0 c, '" - - -~UgUst 12, 1993 ~- council Report 93-133 OPK\~ ORDINANCE TO AMEND CITY CODE ~ DISCHARGE OF STORMWATER INTO SANITARY SEWERS Pro'Dosed Action. staff recommends approval of the following motion: Move for adoption of first readinq of Ordinance 93-730 amendinq Section 705,; 09 of the city Code. Overview. An illegal connection of a storm sewer system to sanitary sewer utilities has come to light. In dealing with the problem of ordering the disconnection, staff has become aware of ambiguities in the present code. The definition of stormwater discharge needs to be drawn more clearly, and staff feels language needs to be added concerning a funding vehicle that would expedite disconnection projects. The attached ordinance amendment addresses those concerns. Primary Issues to consider. o How does the amendment clarify the code? The amending language more clearly defines different types of stormwater discharge and brings existing code language up-to-date. The new language also empowers the city to more aggressi vely root out those sources of stormwater discharged into the sanitary system, an undesired volume of water facing eventual unneeded treatment at MWCC facilities and the costs of that treatment passed on to the ~ city. o What is the city's role in financing of disconnections? If stormwater flow into sanitary mains is of sufficient quantity, the sanitary system can become surcharged and cause backups. Raw sewage backups pose a health hazard and are a nuisance. It is in the pUblic's best interest to eliminate the illegal connections. Quite often these disconnections call for rather expensive projects and the city can help expedite corrective measures by serving as the financial vehicle to assure funding. With the additional subsection to the code the City will be able to promote disconnections voluntarily or by direct means and cause to have project costs placed as special assessment against affected properties. This is similar to the present policy concerning installation of sprinkler systems. - o staff recommendation. Staff feels it is very important to bring offenders into compliance with state and local regulations concerning stormwater discharge and recommends adoption of first reading of these ordinance changes. su~portinq Information o Ordinance 93-730 · ~ f1e.~--- a es Gessele Engineering Superintendent 1. i Hopkins City Code (Rev. 8/92) 705.07, Subd. 6 (e Subd.6. Abandonment of -orivate systems. iJhen a public sewer becomes available to a property served by a sewage disposal system and a direct connection is made to the public sewer in compliance with this Section, any septic tanks, cesspools and similar individual sewage disposal system shall be abandoned and filled with suitable material. (Added Ord. #92-710) 705.09. Aircondi tioning : washing. Subdivision 1. Connection to storm sewer. An owner or occupant of any real property having a building thereon. whereon water. other than surface water, is used for air conditioning. washing of garages or motor vehicles, or other uses which make it necessary to dispose of such water so used, but which make sewage disposal treatment of such water unnecessary, shall. within 30 days after written notice from the city manager. install the necessary pipes and plumbing fixtures and appliances and make the necessary connection with the storm sewer system so that such water shall enter into the storm sewer system. Subd. 2. Storm sewer: sanita~ sewers: se~arate. In making the pipe and other installations . and connections required by subdivision I, no pipes shall be installed or connections made in such a manner that any water requiring sanitary sewage disposal treatment enters into the storm sewer system; no pipes shall be installed or connections made in any manner so that any water not requiring sanitary sewage treatment shall enter into the sanitary sewer system. Subd. 3. Availability. This subsection applies to real property located . where there is both a storm sewer main and. a sanitary sewer main located and f: installed in a street or alley adjacent thereto, or within a reasonable distance therefrom. Subd. 4. City installation. When the owner or occupant of any property notified in writing to comply with subdivision 1 fails, refuses or neglects to comply with the notice within 30 days. the council may, by resolution, direct the installation of the required pipes, plumbing fixtures and appliances. The cost of the installation be paid in the first instance out of the permanent improvement revolving fund of the city, and the actual cost thereof assessed against the real property benefitted. Subd. 5. Cost Assessed. After such installation and connections are completed, there shall be served upon the owner or occupant of said real property a written notice of such assessment and an order directing the owner or occupant of such property to pay such assessment within ten days after the service of said written notice to the city. Upon proof of the service of such notice and order. and proof that the assessment has not been paid within the ten days allowed, the assessment shall be certified by the clerk to the county auditor for collection as other assessments and benefits. . The assessments shall be spread over a period of three years and shall become a lien upon the property payable in the same manner and along with the general taxes on the property. . i' . ~i HENNEPIN COUNTY, MINNESOTA . ORDINANCE NO. 93-730 AN ORDINANCE AMENDING SECTION 705.09 OF THE HOPKINS CITY CODE RELATING TO PROHIBITED DISCHARGES INTO.SANITARY SEWER SYSTEMS AND PROVIDING FOR VOLUNTARY ASSESSMENT PROCEDURES THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN: SECTION 1. The Hopkins City Code Section 705.09 is hereby amended by substituting the following paragraphs to read as follows: 705. 09 Subdivision 1 Prohibi ted Discharges. No person shall discharae or cause to be discharoed any stormwater, oroundwater, roof runoff, yard drainaqe, yard fountain, pond overflow, or any substance other than sanitary sewage into the sanitary collection system. (a). No roof runoff, sump pump, swimming pool discharge, or surface water drainage shall be connected to the sanitary sewer system and no building shall hereafter be constructed nor shall any existing buildings be hereafter altered in such a manner that the . roof drainage or any other source of discharge or drainage other than sanitary.sewer shall connect with the sanitary sewer system inside or outside the building. (b). Any person, firm, or corporation having a roof, sump pump, swimming pool discharge, cistern overflow pipe or surface drain now connected or discharging into the sanitary sewer system shall disconnect and remove it within 30 days after written notice from the city manager and install the necessary pipes, plumbing fixtures, and appliances and otherwise connect said drainage with and into the storm sewer system. All disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner. ( c) . Every person owning improved real estate that discharges in the fashion above described into the city sanitary sewer system shall allow a representative of the city to inspect the buildings and property to confirm the absence of such prohibited discharge to the sanitary sewer system. Any person refusing to allow such property to be inspected shall promptly become subject to the penalties and remedies of the city as provided herein. . .;t'" <- -;;. . - Subdivision 6. voluntary Assessment. An owner of real property may petition the council for installation and connection of a water system serving the property in order to separate discharge of such water from the sanitary sewage disposal system. The petition shall be based upon an agreement between the city and the property owner providing for such installation and connection and the manner and terms of assessment. The council may adopt a resolution without a public hearing and order in the improvement conformance with the terms of the agreement. The agreement upon which the petition is based must contain or be accompanied by an undertaking that is satisfactory to the city that the petitioner will grant the necessary easements and entry upon the property to instruct, install, and connect the necessary sewer system connections. The work may be contracted for and performed by the property owner or by the city. If the owner contracts for the improvement, the city shall review and approve the plans, specifications, and cost estimates. The validity of the resolution ordering the improvement shall not thereafter be questioned by the property owner and waiver of all notices and rights to obj ect if. waived by the property owner is the agreement between the city and the property owner shall be binding and enforceable against the property owner. SECTION 2. This Ordinance is effective on October 5, 1993. e First Reading: August 17, 1993 , ,Second Reading: September 7, 1993 Date of Publication: September 15, 1993 Effective Date of Ordinance: October 5, 1993 Charles D. Redepenning, Mayor Attest: James A. Genellie, City Clerk .