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1992-710 o o o 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 That Section 705 through 705.13 be repealed in its entirety and replaced by the following: Section 705 - Sanitary sewer system 705.01.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. Ordinance No. 92-710 Paqe of 2 o Subd. 3. Fee~~ Charaes. accompany the application: The following fees-~fld charges shall (a) the fee~ charges are set by Council resolution eha~~er Hi (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 o 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 -ehe--btl"i~~~-sbe-l-l--eemply-w-:i~fi--t-he--p'~~is-i:e-ft!t-e~-~-be-"1:'"~~-eeae7 efta~-eer-~~--~~--efterefft~--~-e~era-efeft-~~~~-ef -efte-~~~~a~fi~-s~w~~-~~-~~~~~~k~~-k~~~~~-~fte-~re~er-ey E!tervea~ o o o o Ordinance No. 92-710 Paqe of 3 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. o o o Ordinance No. 92-710 Paqe of 4 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. Ordinance No. 92-710 Paqe of 5 o 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. o 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. o Ordinance No. 92-710 Paqe of 6 o 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. o 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. o o o o Ordinance No. 92-710 Paqe of 7 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. o o ~ ordinance No. 92-710 Paqe of 8 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: