1992-710
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Henneoin County. Minnesota
Ordinance no. 92-710
AN ORDINANCE AMENDING SECTION 70S
OF THE HOPKINS CITY CODE
IN REGARD TO THE SANITARY SEWER SYSTEM
BE IT ORDAINED by the Council of the City of Hopkins as follows:
Section 1. That Section 705 through 705.13 be repealed in its
entirety and replaced by the following:
Section 705 - Sanitary sewer system
705.01. Tap: license reauired. No person may tap or make any
perforation or opening of any kind in a sanitary sewer pipe, or make
connection to a sanitary sewer main or building sewer in t.he city,
without first having obtained the licenses and permits and paid the
fees required by this code.
705.03. Sewer connection. Subdivision 1. Permit. No public sewer
fft-~flY-~}ght-~~-way shall be tapped or connection made thereto from
any lot, piece or parcel of land without first securing a written
permit to do so from the building official upon proper written
application therefore and paying the required fees.
Subd. 2. Application for permit.
upon forms to be provided therefor by
following information:
Applications shall be made
the city and require the
(a) exact legal description of premises for which sewer
connection is applied, including plat and parcel number;
(b) address of premises;
(c) name and address of plumber or other contractor;
(d) name and address of owner of premises;
(e) date of opening and installation of connection;
(f) general description of type and method of connection to
be used or made; and
(g) such other pertinent information as the building
official may require.
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Subd. 3. Fee~~ Charaes.
accompany the application:
The following fees-~fld charges shall
(a) the fee~ charges are set by Council resolution eha~~er
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(b) if, for the parcel described in such application, the
city has not been reimbursed or otherwise secured for said
parcel's proportionate beneficial share of the special benefit
and total cost of the construction and installatio,n of the public
sewers within the project district or area in or from which the
parcel is to be served, the applicant shall pay an additional sum.
equal to that proportionate share of such special benefit and
cost which said parcel bears to such entire area or district and
which was specially assessed or charged for said public
improvement, plus interest on said sum at the rate of seven
percent per annum from the date or dates of the original
construction or installation of such public improvements to the
date of the issuance of the connection permits.
Subd. 4.
drain may be
employees.
Sewer Connections. Connections with a public sewer or
made only by licensed plumbers or authorized city
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Subd. S. 4. Special fund. Sums received under subdivision 3
shall be deposited or paid into a special assessment fund or account
and may be credited to the special assessments which may have been
previously levied for sewer improvements involving the premises for
which such special connection fee has been collected.
705.05. Rules. Subdivision 1. Connections. Connections with the
main sanitary sewer must be made to the "Y" or "T" branch, or to the
house connection already installed by the city. In the event a "Y" or
"T" branch is not available opposite the particular lot, permission
may be granted to tap the main sewer pipe. New connections made must
be made within the middle third of the interior height of the sewer to
which connection is made. A eas~ ductile iron or e~ay pvc inserting
"T" or "Y" saddle of approved pattern must be inserted in such tapped
hole and the joints thoroughly cemented. Under no circumstances shall
the s rvice pipe extend beyond the outer wall of the main sanitary
sewer when inserted into the connection.
Subd. 2. Compliance. No connections may be made with the sewer
system without a permit. The resident or owner is responsible for
maintenance and repair of the sanitary sewer line from the main to th
clean out in the building including the sewer wye and stack and all
connections attached to the sewer main. If any portion of tb sewer
service which is the owner's responsibility develops a leak or becom s
defective, the city may repair such defect and assess all repair costs
against benefited property. -~~~~~-~~em-~fi~~-m~~ft-~e
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Subd. 3. Stacks. Conn ctions at chimn y stacks must be made
with two,one-eighth bends of the required diameter, separated by one
I ngth of straight pipe. Under no circumstances will a service be
connected to a stack serving another property. Existing servic s
connected to a combined stack must be disconnected from the combined
stack and connected toa new, separate stack in the event the existing
combined stack requires repairs.
Subd. 4. 3. Line: qrade. Building sewers must be laid to a true
line and grade from the sewer to the building and must be inspected
before being covered. P~~e-m~s-e-5e-eftVe~e~ea-5y-e~eaft-safta--ee-a-ae~~h
ef-fe~r-~ftehes.
Subd. s. Lavinq. A sewer connection may not be laid in the same
trench with water, gas or other pipe unless installed in accordance
with the state plumbing code. . Sewer connections must be laid far
enough from others to admit for the repair or removal or relaying of
anyone without disturbing the others.
Subd. 6. Materials. The only materials allowed for sewer
service connections from the main to the property line shall be PVC
Schedule 40 pipe, or ductile iron pipe (bell and spigot pattern), and
shall not be less than 4" in diameter. vitrified clay pipe may only
be ~sed for repair purposes in this area. Materials used for sew r
connections from the property line to the structure must be in
conformance with the State Plumbing Code.
Subd. 7. pioe beddinq. connection pipe must be enveloped in
clean sand or approved material to a thickness of not less than one
foot on all sides of the pipe. If service pipe is placed on soil not
suitable for supporting pipe and maintaining grade, other support
methods, approved by the engineer, must be used to ensure pipe grade
does not change.
Subd. 8. Check systems. ,Check systems must be install d on
services connected to any main directly servicing or connected to a
sanitary sewer lift station force main or otherwise connected to
sanitary sewer main that has experienced problems in the past.
Subd. 9. Sewer deoth. Sewers must be placed not less than sev n
f et below the surface. Sewers placed less than seven feet from th
surface must be protected from freezing in a manner approved by the
Public Works Director.
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Subd. 10. 4. street Excavation. Wer~-~-tl-~~. The street
must be opened in a manner which will occasion the least inconvenience
to the public and provide for the passage of water along the gutters.
One half of the street must be in good and safe condition at all times
for the passage of vehicles or an adequate detour provided. No
tunneling will be permitted except when exigencies require such a
permit. No excavating in any street or public place shall be left
open over night, unless thoroughly barricaded or fenced off in
accordance with the Minnesota Manual on Uniform Traffic Control
Devic s, and properly lighted so as to secure public safety. In all
cases when it is necessary to leave open during the night, a trench
for pipe a sufficient number of lighted lanterns shall be placed over
such trench, from twilight until daylight, and the trench shall be
properly fenced.
Subd. 11. Refillinq ooeninqs. In refilling openings the arth
must be replaced in the trench, and thoroughly tamped as directed by
the Water superintendent. The Water superintendent may require new
tr nch material hauled in and existing material hauled away if
existing material is unacceptable. Disposing of the unusable mat rial
is the responsibility of the contractor.
Subd. 12. Trench backfillinq. After the pipe is laid and
inspected the refilling must proceed at once and it must be thoroughly
tamped or puddled, or both, as so done that there is no surplus earth
remaining. If there is a deficiency of the earth to fill the
excavation, the plumber doing the work must supply the deficiency with
clean sand or approved material. No rock larger than four inches
across or thick may be placed within two feet of the pipe. A
sidewalk, street, alley or driveway removed in order to make such
conn ction must be re-paved subject to the approval of the engine r.
Subd. 13. 5. Protection for pipes. If openings are made, and
water mains and service pipes exposed, adequate measures must be taken
to protect the pipes from frost. In refilling openings, all the earth
must be replaced in the trench, and if the earth is frozen, the
excavation just be filled with pure bank sand, in layers of not over
six inches, and thoroughly compacted to prevent after-settlement. He
ree~--la~~e~--~ft~ft--~~--~--~-~~~-~-~-~~eea--~fi--aft
exeava4::i:eft~
Subd. 14. 6. Inspection. All work must be done under the
supervision of an inspector appointed by the city, who shall be
permitted at all times to examine, inspect and superintend all
plumbing work, excavating, refilling, materials and fixtures. Refusal
to permit such inspection, or any interference with the inspector, is
grounds for immediate suspension or forfeiture of the permit.
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Subd. 1S. Authoritv to insoect. The Water sup rintendent or
other city inspectors may at reasonable times enter upon the premises
drained by a house drain and connected with a public sewer to
determine whether the provisions of this code in regard to house
drains have been complied with. If a drain or its attachments do not
conform to the provisions of the code, the Water superintendent will
notify the owner of the premises. The owner must repair or
reconstruct as to make the drain conform within 1S days from the time
of receiving the notice.
705.07. Toilets reauired. Subdivision 1. Notice. The owner or
occupant of real property having a dwelling house or business
structure thereon, shall install a toilet in the dwelling or business
structure and make connection thereof with the pUblic water and
sanitary sewer mains in the street or alley adjacent thereto within 30
days after written notice to that effect by the city manage+ is given
to the owner or occupant.
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Subd. 2. Toilet facilities: No sewer available. Any property
own r who can demonstrate due to distance or topography, or pendng
land use change, may make a written application to the city council
for a variance from the connection requirement, so long as no health,
safety or welfare hazard exists or 'Would result from the variance.
Th written application must state those circumstances which make the
connection unfeasible. Where a public sanitary sewer is determined
not to be available, the buildings sewer shall be connected to an
individual sewage disposal system complying with all requirements of
the state Plumbing Code.
Subd. ~.3. city installation. If the owner or occupant of any
property notified in writing to install a toilet and make the proper
sanitary sewer and water connections thereto, fails, refuses or
neglects to make such connections and install such a toilet within 30
days after written notice pursuant to subdivision 1 has been given,
the council may, by resolution, direct that a toilet be installed and
connections be made with the sanitary sewer and water mains and that
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 property so benefited.
Subd. 3.4. Cost assessed. After such installation and
connections are completed, there shall be served a written notice of
such assessment and an order directing the owner. or occupant of the
property to pay the assessment within ten days after the service of
notice. Upon proof of the service of such notice and order and proof
that said assessment has not been paid within the ten days allowed,
the clerk shall certify to the county auditor for collection of other
assessments and benefits. The assessments shall be spread over a term
of three years and shall become a lien upon said property until paid.
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Subd. S. Tim to connect. within 24 months after a public
sewer b comes availabl to a property served by a private sewag
disposal system or treatment works, the property served by the private
system shall make a connection to the public sewer in accordance with
city ordinance and state plumbing code requirements. All private
sewage disposal systems or treatment works inexistence as of June 1,
1992, shall have until October 1, 1994, to connect to the public sewer
system. Requirements of section 70S.07 shall be enforced for
properties failing to connect to the public sewer within the specified
tim period.
Subd. 6. Abandonment of orivate systems. When 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.
705. 09 . Air condi tioninq: washinq . 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.
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Subd. 2. storm sewer: sanitary sewers: separate. In making
the pipe and other installations and connections required by
subdivision 1, 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 systemi 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 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.
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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.
70S.11 Prohibited drainaqe. It is unlawful to drain or deposit, or
permit to be drained or deposited, into a public sewer or into any
drain or pipe connecting with a public sewer, any gasoline, naphtha,
benzine, kerosene, turpentine, or any other spirit , gas or fluid
containing any materials of and explosive or suffocating natur or
that may gasify or create combustible or suffocating gases or vapors.
It is unlawful to place, throw or deposit in a catch basin, sewer or
drain, butcher's offal, garbage, dead animals, ashes, shavings, motor
oil, any hazardous substance, or solid refuse.
705.~~.13. Industrial user strenqth charqe. Subdivision 1.
Recitals. The Metropolitan Waste Control Commission, a metropolitan
commission organized and existing under the laws of the state of
Minnesota, in order to receive and retain grants in compliance with
the Federal Water Pollution Control Act Amendments of 1972, and
regulations thereunder, has determined to impose an industrial user
sewer strength charge upon users of the Metropolitan Disposal System,
as defined in Minnesota statutes, section 473.121, subdivision 24, to
recover operation and maintenance costs of treatment works
attributable to the strength of the discharge of industrial waste,
such sewer strength charge being in addition to the charge based upon
the volume of discharge. In order for the city to pay such costs
based upon strength of industrial discharge and allocated to it each
year by the commission, it is hereby found, determined and declared to
be necessary to establish sewer strength charges and a formula for the
computation thereof for all industrial users receiving waste treatment
services within or served by the city. Minnesota Statutes, section
444.075, subdivision 3, empowers the city to make such sewer charge or
charge against the owner, lessee, occupant or all of them and certify
unpaid charges to the county auditor as a tax lien against the
property served.
Subd. 2. Establishment. For the purposes of paying the costs
allocated to the city each year by the commission that are based upon
the strength of discharge of all industrial users receiving waste
treatment services wi thin or served by the City, there is hereby
approved, adopted and established, in addition to the sewer charge
based upon the volume of discharge, a sewer charge upon each company
or corporation receiving waste treatment services within or served by
the city, based upon strength of industrial waste discharged into the
sewer system of the city.
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Subd. 3 . Formula. For the purposes of computation of the
strength charge established by subdivision 2, there is hereby
established, approved and adopted in compliance with the act the same
strength charge formula designated in Resolution No. 76-172 adopted by
the governing body of the commission on June 15, 1976, which formula
is based upon pollution qualities and difficulty of disposal of the
sewage produced through an elevation of pollution qualities and
quantities in excess of an annual average base and the proportionate
costs of operation and maintenance of waste treatment services
provided by the commission.
Subd., 4. Pavment. The strength charge established by
subdivision 2 shall be paid by each industrial user receiving waste
treatment serVlces and subject thereto before the 20th day next
succeeding the date of billing thereof to such user by or on behalf of
the city, and such payment thereof shall be deemed to be delinquent if
not paid to the billing entity before such date. Furthermore, it is
hereby established, approved and adopted that if such payment is not
paid before such date an industrial user shall pay interest compounded
monthly at the rate of 2/3% per month on the unpaid balance due.
Subd. 5. Lien. As provided by Minnesota Statutes, section
444.075, subdivision 3, if payment of the strength charge established
by subdivision 2 is not paid before the 60th day next succeeding the
date of billing thereof to the industrial user or by or on behalf of
the city, the delinquent sewer strength charge, plus accrued interest
shall be deemed to be a charge against the owner, lessee and occupant
of the property served, and the city or its agent shall certify such
unpaid delinquent balance to the director of property taxation with
taxes against the property served for collection as other taxes are
collectedi provided, however, that such certification shall not
preclude the city from recovery of such delinquent sewer strength
charge and interest thereof under any other remedy available at law or
in equity.
First Reading: May 19, 1992
Second Reading: July 21, 199~2
Date of Publication: July 29, 1992
Date Ordinance Takes Effect: 1992
Attest: