CR 93-133 Ordinance To Amend Discharge Stormwater
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- - -~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
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a es Gessele
Engineering Superintendent
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Hopkins City Code (Rev. 8/92) 705.07, Subd. 6
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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.
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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.
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- 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
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