400 Utilities

401. Individual Sewage Treatment Systems (To Top of Page | Back to Ordinance Contents)

401.01 Standards Adopted. The Individual Sewage Treatment Systems Standards, 6 MCAR 4.8040, commonly known as WPC 40, of the State of Minnesota, are hereby adopted by reference and made a part of this code as if fully set forth herein, and installation of all individual sewage treatment systems shall comply therewith.

401.02 Copy Available. There shall be available at the city office, and kept on file at all times, at least one copy of the Individual Sewage Treatment Systems Standards, 6 MCAR 4.8040, commonly known as WPC 40, and the same shall be available for inspection by anyone so requesting during normal city office hours.

401.03 Municipal Sewer. By adoption of the foregoing regulations, the city is not agreeing to permit or allowing the construction of individual sewage treatment systems when municipal sewer is available and connection is required pursuant to Section 402.01. Individual sewage treatment systems shall be installed and permitted only in the event municipal sewer is not available.

401.04 Permits.

Subdivision 1. Installation and Repair Permit. No person, firm, or corporation shall install, alter, repair, or extend any individual sewage disposal system in the city without first obtaining a permit therefor from the council or its authorized representative for the specific installation, alteration, repair, or extension; and, at such time of application for said permit, shall pay a fee as set forth in Section 210. Such permits shall be valid for a period of six months form date of issue. There shall be a further fee as set forth in Section 210 for each re-inspection required. Permits shall be issued only to individuals and firms licensed under 401.06 (except as to the owner/occupant of residential property).

Subd. 2. Pumping Permit. No person, firm or corporation shall pump any individual sewage disposal system in the city without first obtaining a permit therefor from the council or its authorized representative. The permit fee shall be as set forth in Section 210, charged on a per system basis.

Subd. 3. Applications. Applications for permits shall be made in writing upon printed blanks or forms furnished by the city, signed by the applicant, and provide such information as the council requires.

401.05 Inspection.

Subdivision 1. Upon Installation. The plumbing inspector shall make such inspection or inspections as are necessary to determine compliance with this chapter. No part of the system shall be covered until it has been inspected and accepted by the plumbing inspector. It shall be the responsibility of the applicant for the permit to notify the plumbing inspector that the job is ready for inspection or re-inspection, and it shall be the duty of the plumbing inspector to make the indicated inspection within forty-eight hours after such notice has been given. It shall be the duty of the owner/occupant of the property to give the plumbing inspector free access to the property at reasonable times for the purpose of making such inspections. Upon satisfactory completion and final inspection of the system, the plumbing inspector shall issue to the applicant a certificate of approval.

If upon inspection the plumbing inspector discovers that any part of the system is not constructed in accordance with the minimum standards provided in this chapter, he shall give the applicant written notification describing the defects. The applicant shall pay an additional fee as set forth in Section 210 for each re-inspection that is necessary. The applicant shall be responsible for the correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated.

Subd. 2. Bi-Annual. Every individual privy, vault, septic tank and cesspool in the city shall be inspected by the owner thereof at least once every two years and such owner shall report the results of such inspection to the city administrator on forms provided by the city.

401.06 Sewage Tank Cleaners.

Subdivision 1. Definition. "Sewage tank cleaner" shall mean any person, firm or corporation who, as a business, cleans or performs work on a privy, vault, septic tank, cesspool, or other part of an individual sewage disposal system within the city.

Subd. 2. License Required. Before any person shall engage in sewage tank cleaning, a license shall be obtained from the city pursuant to this chapter.

Subd. 3. Application, License, Bond and Insurance. Before any person, firm or corporation is licensed to engage in the business of sewer installation within the city, he shall make application to the city for such license, made in writing, upon printed blanks or forms furnished by the city, signed by the applicant, and provide such information as the council requires, shall pay the following fee, and shall file with the city administrator the following bond and insurance requirements:

    (1)    The fee for such license shall be as set forth in Section 210 and
             each license shall terminate on December 31 next after its    
             issuance.  Licenses shall not be transferable.

    (2)    A surety bond in the face amount of $5,000 running to the city,        
            approved by the council, conditioned that the city will be saved
            harmless from any loss, damage, cost or expense, by reason of any
            work performed under this chapter, or by reason of improper or
            inadequate performance or compliance with the terms of this chapter
            by the holder of the license or his agent or employees.

    (3)    A certificate of insurance or copies of public liability and property 
            damage insurance policies in the minimum amount of $100,000    
            coverage for one person, $300,000 coverage for more than one
            person, and $10,000 coverage for damage to property of others.

Subd. 4. License Revocation. The council may revoke any license at any time if the licensee shall violate the provisions of this or any other provision of the code. No licensee shall allow his name to be used by any other persons for the purpose of doing any work within the city, except that this provision shall not prevent a licensed plumber from employing the services of a licensed pipe layer or licensed sewer installer. All revocations shall follow the procedure in Section 601.06 of this code.

Subd. 5. Removing Material From Individual Sewage Disposal Systems. No sewage tank cleaner, or any other person, firm or corporation shall empty or remove the materials or contents, or any portion thereof, of any vault, privy, cesspool, septic tank or drain, or of any other part of any individual sewage disposal system other than into a container made tight and closely covered.

Subd. 6. Disposal of Contents. No sewage tank cleaner or any other person, firm or corporation shall dispose of any of the contents so removed as described in Subd. 5, above, upon open ground or in any well, open stream or body of water and such contents shall be disposed of in a sanitary manner and as approved by the city building official.

Subd. 7. Approved Vehicle. No sewage tank cleaner or other person, firm or corporation shall remove or cause to be removed any of the contents as described in Subd. 5, above, in any container or vehicle except such as shall be approved by the city building official, and under no circumstances shall any container or vehicle be used for such purpose that might become saturated with offensive liquids and thereby become a nuisance in itself.

Subd. 8. Reporting. All sewage tank cleaners shall file with the city administrator, once each month, a detailed report listing the date, address and exact work performed on every privy, vault, septic tank, cesspool, or other part of an individual sewage disposal system. All other persons, firms, or corporations performing any such work shall report same within one month thereafter to the city administrator.

Subd. 9. Records to be Kept. The city administrator shall keep complete records of all such reports as required to be filed under Subd. 8, above, referencing same to specific properties in the city.

Subd. 10. Reporting. The city administrator shall report to the city building official any such work as reported, when there are more than two instances of such work upon a particular property within a one year interval.

Subd. 11. Action to be Taken. The city building official shall, either personally or through other qualified personnel, inspect all individual sewage disposal systems so reported to him and determine whether or not such systems constitute a health hazard and report his recommendations to correct same and serve a copy of same upon the owner of the premises involved.

Subd. 12. Power to Enter Property. The city building official or person selected and appointed by him to do so, shall have the power to, between sunrise and sunset, enter such property reported to him, or other property upon which written complaints have been made to him of individual sewage disposal systems which constitute a health hazard, to examine any vault, privy, cesspool, septic tank or private sewage disposal system, entry to be made upon the showing of proper credentials.

Subd. 13. Remedying Health Hazards. Any person, firm or corporation which shall have been served the recommendations as stated in Subd. 11, shall take the necessary remedial action to correct same within a maximum period of thirty days after service of such recommendations.

Subd. 14. Cleaning When Requested. When requested by the owner/occupant of any premises, any sewage tank cleaner, licensed hereunder, shall clear or empty or work on any vault, privy, cesspool, septic tank or private drain or an individual sewage disposal system, and remove any and all nuisances. Such sewage tank cleaner may demand and receive in advance his fees for services but not exceeding the maximum rates specified in his application for license or a reasonable sum if such not be specified.

402. Sewer Use Code  (To Top of Page | Back to Ordinance Contents)

Section 402.01 Definitions.

Subdivision 1. For the purpose of this Ordinance, the following words and terms shall have the meaning set out below, unless the context specifically indicates otherwise.

Subdivision 2. "BOD" (Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C expressed in milligrams per liter. Laboratory procedures shall be in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater.

Subdivision 3. "Building Drain" means that part of the lower 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 (5) feet outside the inner face of the building wall.

Subdivision 4. "Building Sewer" means the extension from the building drain to the public sewer or other place of disposal, also called house connection.

Subdivision 5. "City" is the area within the corporate boundaries of the City of Detroit Lakes, as presently established or as amended by Ordinance or other legal actions at a future time. The term "City" when used herein may also be used to refer to the City Council and its authorized representatives.

Subdivision 6. "COD" (chemical oxygen demand) means the quantity of oxygen utilized in the chemical oxidation of organic matter, expressed in milligrams per liter, as determined in accordance with standard laboratory procedures as set out in the latest edition of Standard Methods for the Examination of Water and Wastewater.

Subdivision 7. "Combined Sewer" means a sewer originally designated to receive both surface water runoff and sewage.

Subdivision 8. "Garbage" means solid waste resulting from the domestic and commercial preparation, cooking and dispen-sing of food and from the handling, storage or sale of meat, fish, fowl, fruit, vegetable or condemned food.

Subdivision 9. "Industrial Wastes" means the solid, liquid, or gaseous wastes resulting from an industrial or manu-facturing processes, trade or business, or from the development, recovery, or processing of natural resources.

Subdivision 10. "Infiltration" - water entering the sewer system (including building drain and pipes) from the ground through such means as defective pipes, pipe joints, connections, and man-hole walls.

Subdivision 11. "Infiltration/Inflow (I/I)" - the total quantity of water from both infiltration and inflow.

Subdivision 12. "Inflow" - water other than wastewater that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, surface runoff, street wash waters or drainage.

Subdivision 13. "NPDES Permit" (National Pollutant Discharge Elimination System) Permits means the system for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone, and the oceans by the Environmental Protection Agency pursuant to the Federal Water Pollution Control Act of 1972, Section 402 and 405.

Subdivision 14. "Natural Outlet" means any outlet into a watercourse, pond, ditch, lake or any other body of surface groundwater.

Subdivision 15. "Normal Domestic Strength Wastes" shall mean wastes which are characterized by a composite average strength of 250 mg per liter BOD, and 285 mg per liter suspended solids.

Subdivision 16. "Other Wastes" shall mean garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal, and other substances except sewage and other wastes.

Subdivision 17. "Person" means any individual, firm, company, association, society, corporation, municipal corporation, governmental unit, or group.

Subdivision 18. "pH" means the logarithim of the reci-procal of the weight of hydrogen ions in grams per liter of solution.

Subdivision 19. "Process Water" means any water used in the manufacturing, preparation or production of goods, materials or food. Process water is an industrial waste.

Subdivision 20. "Public Sewer" means any sewer, including sanitary sewers and storm sewers, owned or operated by a unit or agency of government.

Subdivision 21. "Sanitary Sewer" means a sewer which carries sewage and to which storm, surface and groundwater are not intentionally admitted.

Subdivision 22. "Sanitary Waste" means the liquid and water carried wastes discharged from sanitary pumping facilities.

Subdivision 23. "State Disposal System (SDS) Permit" -any permit (including any terms, conditions, and requirements thereof) issued by the MPCA pursuant to Minnesota Statutes 115.07 for a disposal system as defined by Minnesota Statutes 115.01, Subdivision 8.

Subdivision 24. "Sewage" or "Wastewater" means the water carried waste products from residences, public buildings, institu-tions, industrial establishments or other buildings including the excrementitious or other discharge from the bodies of human beings or animals, together with such ground, surface and storm waters as may be present.

Subdivision 25. "Sewer" means a pipe or conduit for carrying sewage, industrial wastes or other waste liquids.

Subdivision 26. "Sewer System" means pipelines or conduits, pumping stations, forcemains and all other devices and appliances appurtenant thereto, used for collecting or conducting sewage, industrial wastes or other wastes to a point of ultimate disposal.

Subdivision 27. "Shall" is mandatory. "May" is permissive.

Subdivision 28. "Slug" means any discharge of water, wastewater or industrial waste which is concentration of any given constituent, or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during the normal operation.

Subdivision 29. "Storm Sewer" (sometimes termed Storm Drain) means a sewer which carries storm or surface water and drainage, but excludes sewage and industrial waste, other than unpolluted cooling or process water.

Subdivision 30. "Suspended Solids" means solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater.

Subdivision 31. "Unpolluted Water" means clean water uncontaminated by industrial wastes, other wastes, or any substance which renders such water unclean or noxious or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare to domestic, commercial, industrial or recreational uses; or to livestock, wild animals, birds, fish, or other aquatic life.

Subdivision 32. "Wastewater Facilities" means the structures, equipment, or processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

Subdivision 33. "Wastewater Treatment Works" or "Treat-ment Works" means an arrangement of devices, facilities, structures, equipment, or processes owned or used by the City for the purpose of transmission, storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or industrial wastewater, or structures necessary to recycle or reuse water including interceptor sewers, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works including land which is an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

Section 402.02 Use of Public Sewers.

Subdivision 1. It shall be unlawful to discharge to any natural outlet within the City or any area under the jurisdiction of the City any sewage or other polluted waters, except where suit-able treatment has been provided in accordance with subsequent provisions of this Ordinance.

Subdivision 2. 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 sewage if adequate and feasible City facilities are available.

Subdivision 3. Connection Required.  The owner of property located in the City and from which wastewater is discharged must connect to a public sewer at the owner’s expense within one year after the date that said public sewer is operational and is located in a public right-of-way or an easement for sewer purposes adjacent to the property unless otherwise provided by this ordinance.  

a)                 Exception.  When property is served by an operable septic system that complies with applicable laws, codes and regulations at the time that the property's connection to public sewer would otherwise be required by this ordinance, then the property's owner may delay connection to the public sewer for an period of up to ten (10) years from the date on which that septic system was installed, or for such other time period as may be allowed by Resolution of the City Council.   

b)                 Required connection. The time allowed for required connection to public sewer shall end when the septic system fails to meet applicable laws, codes and regulations. 

(Amended: 09/06/05 Ord. No. 280)

Subdivision 4. In the event an owner shall fail to connect to a public sewer in compliance with a notice given under Section 402.02, Subdivision 3 of this Ordinance, the City may undertake to have said connection made and shall assess the cost thereof against the benefited property. Such assessment shall be a lien against said property. Such assessment, when levied, shall bear interest at the legal rate for local improvements and shall be certified to the Auditor of the County of Becker, Minnesota, and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City shall be in addition to any penalty provisions for violation of this Ordinance.

Subdivision 5. No person shall discharge or cause to be discharged directly or indirectly any storm water, groundwater, roof runoff, subsurface drainage, sump pump waters, waste from on-site disposal systems, unpolluted cooling or processing water to any sanitary sewer except as permitted by the City through written contracts, agreements or policies. Amended: 3/7/95 Ord. No. 117

Subdivision 6. Storm water and all other unpolluted water shall be discharged to a storm sewer, except that unpolluted cooling or processing water shall only be so discharged upon approval by the City and upon approval and the issuance of a discharge permit by the Minnesota Pollution Control Agency.

Subdivision 7. No person shall discharge or cause to be discharged directly or indirectly, any of the following described substances to any public sewer:

Subdivision 8. No person shall discharge or cause to be discharged directly or indirectly the following described sub-stances to any public sewer without first obtaining a permit from the City Administrator for such discharge. Said discharge permit shall not be issued unless, in the opinion of the Public Utilities Commission, such discharge will not harm the wastewater facilities, nor cause obstruction to the flow in the sewers, nor otherwise endanger life, limb, or public property, nor constitute a nuisance. In forming its opinion as to the acceptability of the wastes, the City may give consideration to such factors as the quantities of the subject wastes in relation to flows and velocities in the sewers, materials or construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, the City's NPDES permit, and other pertinent factors. The City may make such determinations either on a general basis or as to discharges from individual users or specific discharges, any may prohibit certain discharges from individual users because of unusual concentrations or combinations which may occur.

The substances prohibited are:

                        1) Unusual concentrations of suspended solids, (such as, but 
                             not limited to, Fuller's earth, lime slurries, and lime
                             residues) or of dissolved solids (such as, but not limited to,
                             sodium chloride or sodium sulfate).

                        2) Excessive discoloration (such as, but not limited to, dye
                             wastes and vegetable tanning solutions).

                        3) Unusual BOD, chemical oxygen demand, or chlorine
                             requirements in such quantities as to constitute a
                             significant load on the wastewater treatment works. The
                             BOD discharged to the public sewer shall not exceed 400  
                             mg/l.

                        4) Unusual volume of flow or concentration of wastes
                             constituting a slug.

                        5) Water or water containing substances which are not
                             amenable to treatment or reduction by the wastewater
                             treatment processes employed, or are amenable to        
                             treatment only to such degree that the wastewater
                             treatment plant effluent cannot meet the requirements of    
                             the NPDES Permit, or requirements of other governmental
                            agencies having jurisdiction over discharge from the
                            wastewater treatment plant.

Subdivision 9. If any water or wastes are discharged, or are proposed to be discharged directly or indirectly to the public sewers, which water or wastes do not meet the standards set out in or promulgated under this Subsection, or which in the jurisdiction of the City may have a deleterious effect upon the treatment works, processes, equipment, or receiving waters, or which otherwise create a hazard to life, or constitute a public nuisance, the City may take all or any of the following steps:

                    a) Refuse to accept the discharges.

                    b) Require control over the quantities and rates of discharge.

The design and installation of the plant and equipment for pre-treatment or equalization of flows shall be subject to the review and approval of the City, and subject to the requirements of 40 CFR 403, entitled "Pretreatment Standards", and the Minnesota Pollution Control Agency.

Subdivision 10. Grease, oil and mud interceptors shall be provided by the property owner when they are determined by the City to be necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subdivision 8 b) of this Ordinance, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be a type and capacity approved by the City and shall be located as to be readily and easily accessible for cleaning and inspection.

Subdivision 11. Where preliminary treatment flow equali-zation, or interceptors are required for any water or waste, they shall be effectively operated and maintained continuously in satisfactory and effective condition by the owner at his expense and shall be available for inspection by the City at all reason-able times.

Subdivision 12. When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure and equipment, when required, shall be constructed at the owner's expense in accordance with plans approved by the City and shall be maintained by the owner so as to be safe and accessible at all times.

Subdivision 13. All measurements, tests and analyses of the characteristics of water and waste to which reference is made in this Ordinance shall be determined in accordance with 40 CFR 136 "Guidelines Establishing Test Procedures for the Analysis of Pollutants"; the latest edition of Standard Methods for the Examination of Water and Wastewater and shall be determined at the control structure provided, or upon suitable samples taken at said control structure. In the event that no special structure has been required, the control structure shall be considered to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effluent constituents and their effect upon the treatment works and to determine the existence of hazards of life, health and property. Sampling methods, location, times, duration and frequencies are to be deter-mined on an individual basis subject to approval by the City.

Subdivision 14. The owner of any property serviced by a building sewer carrying industrial wastes may, at the discretion of the City, be required to provide laboratory measurements, tests and analyses of waters or wastes to illustrate compliance with this Ordinance and any special condition for discharge established by the City or regulatory agencies having jurisdiction over the discharge. The number, type and frequency of sampling and laboratory analyses to be performed by the owner shall be as stipulated by the City. The industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the Federal, State and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the City at such times and in such manner as prescribed by the City. The owner shall bear the expense of all measurements, analyses and reporting required by the City. At such times as deemed necessary, the City reserves the right to make measurements and samples for analysis by an outside laboratory.

Subdivision 15. New connections to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities, including, but not limited to, capacity for flow, BOD, and suspended solids.

Subdivision 16. No user shall increase the use of process water or, in any manner, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in Sections 402.02 of this Article, or contained in the National Categorical Pretreatment Standards or any state requirements.

Subdivision 17. No statement contained in this Section shall be constructed as preventing any special agreement or arrangements between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by the industrial concern, in accordance with applicable ordinance and any supplemental agreements with the City.

Subdivision 18. Any new or existing commercial or industrial wastewater customer may not exceed the discharge permit issued by the City Administrator. Any such customer desiring to exceed the permit shall apply for and obtain a new discharge permit to allow for any new discharge or any change in the quality of existing discharge.

 Section 402.03 Private Sewage Disposal.

Subdivision 1. Where a public sanitary sewer is not available under the provisions of Section 402.02, the building sewer shall be connected to a private wastewater disposal system complying with the rules and regulations MPCA Chapter 7080 entitled Individual Sewage Treatment System Standards or the requirements of Section 401 of the City Code or other regulatory agencies, whichever is more restrictive.

Subdivision 2. No new private sewer systems or sewer system extensions shall be constructed within the City without first obtaining written approval of the system plan and the materials to be used in the construction of said system, in accordance with Section 401 of the City Code.

Section 402.04 Building Sewers and Connections.

Subdivision 1. It is unlawful for any person to engage in the work or business of installing private sewer service lines and appurtenances for others without a license therefore from the City, in accordance with Section 605.

Subdivision 2. No person, unless authorized by a written permit from the City shall make, install, repair, alter, disturb, uncover, open or break any sewer connection to the sanitary sewer system of the City. Permits for connection of a new sewer or repairs to an existing service shall be issued by the City after consideration of the application for such permit with regard to compliance with Section 605. Sewer connection permit fees will be established by resolution of the City Council. Amended: 5/3/94 Ord. No. 106

Subdivision 3. All costs and expense incidental to the installation and connection of the building sewer or repairs to an existing connection shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage to the public sewer that may directly or indirectly be occasioned by the installation of the building sewer.

Subdivision 4. A separate and independent building sewer shall be provided for every building, except where two or more buildings are situated on one parcel such that the parcel may not be subdivided. Such joint use private sewer may be extended to the rear of the building or buildings and the whole considered as one joint use private sewer provided the buildings are the property of a single owner. Special variances will be considered by the City.

Subdivision 5. Old building sewers may be used in connection with new buildings only when they are found, upon examination and testing by the City, to meet all the requirements of this Ordinance.

Subdivision 6. Unused septic tanks, cesspools, leaching pits and similar devices and structures shall be backfilled or made safe and unusable in a manner acceptable to the City.

Subdivision 7. The size, slope, alignment and materials of construction of a building sewer and the method used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building code and plumbing code; or other applicable rules and regulations. In the absence of code provisions, or in amplifications thereof, the materials and procedures set forth in appropriate specifications of the "Water Pollution Control Federation (W.P.C.F.) Manual of Practice No. 9" and the American Society for Testing Materials (A.S.T.M.) Standards shall apply.

Subdivision 8. Whenever 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 to flow to the public sewer, such building drain shall be provided with a lifting device by an approved means and discharged to the building sewer.

Subdivision 9. No person shall make connection of roof downspouts, roof drains, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer.

Subdivision 10. The construction of the building sewer and its connection into the public sewer shall conform to the requirements of the State of Minnesota Plumbing Code, the sewer specifications included herein, and other applicable rules and regulations and procedures adopted by the City. All such construction shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the City prior to installation.

Subdivision 11. Employees of the City shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City when the work is ready for final inspection and no underground portions shall be covered before the final inspection is complete. The connection shall be made under the supervision of the City or its representatives.

Subdivision 12. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazards. Streets, side-walks, parkways and other public property disturbed during the course of the work shall be restored in a manner satisfactory to the City.

Section 402.05 Main and Lateral Sewer Construction.

Subdivision 1. No person, unless authorized, shall uncover, make any connection with or opening into, use, alter, or disturb any sanitary or storm sewer within the City or any part of the City wastewater facilities.

Subdivision 2. No sanitary or storm sewers shall be constructed in the City (except house or building service sewers) except by the City or by others in accordance with plans and specifications approved by the City Engineer. No such sewers shall be constructed or considered to be part of the public sewer system unless accepted by the City.

Subdivision 3. The size, slope, alignment, material of construction, methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work connected with the construction of sewers shall conform to the requirements of the City.

Section 402.06 Protection From Damage.

Subdivision 1. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the wastewater facilities.

Section 402.07 Authority of Inspectors.

Subdivision 1. Duly authorized employees of the City shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Ordinance. Those employees shall have no authority to inquire into processes including metal-lurgical, chemical, oil, refining, ceramic, paper, or other industries except as is necessary to determine the kind and source of the discharge to the public sewer.

Subdivision 2. While performing the necessary work on private property as referred to in Subdivision 1 of this Sub-section, the authorized employees of the City shall observe all safety rules applicable to the premises as established by the company, and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against any 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 in this Ordinance.

Subdivision 3. Duly authorized employees of the City shall be permitted to enter all private properties through which the City holds easements for the purpose of, but not limited to, inspection, observation, maintenance and construction of public sewers.

Section 402.08 Penalties.

Subdivision 1. Any violation of the provisions of this Ordinance shall constitute a misdemeanor.

Subdivision 2. Each day on which such violation continues shall constitute a separate offense.

Subdivision 3. Any person found to be violating any provisions of this Ordinance shall be served by the City with notice as provided in Section 402.10 of this Ordinance stating the nature of the violation and providing a reasonable time limit, depending on the nature of the violation, for the satisfactory correction thereof. The offender shall within the time period stated in such notice permanently cease all violation. Any person who shall continue any violation beyond the time limit provided for in the written notice shall be guilty of a misdemeanor and each day in which any such violation shall continue shall be deemed a separate offense.

Subdivision 4. Any person violating any of the provisions of this Ordinance shall become liable to the City for any expense, loss or damage sustained by the City, including labor provided by the City to correct or remedy any violation. The City shall notify the violator, as provided in Section 402.10 of this Ordinance, of such expenses and the violator shall pay said costs within thirty (30) days of receipt of said notice. In the event that the violator fails to pay such costs, the City may assess the cost thereof against the benefited property. Such assessment shall be a lien against said property. Such assessment, when levied, shall bear interest at the legal rate for local improvements and shall be certified to the Auditor of the County of Becker, Minnesota, and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City shall be in addition to any remedial or enforcement provisions of this Ordinance.

Section 402.09 Additional Remedies.

Subdivision 1. The City reserves the right to pursue any remedies available to the City, civil or criminal, not otherwise set forth in this Ordinance, including, without limitation, the right to obtain a restraining order and injunction to prevent, or remedy, any violation of this Ordinance.

Section 402.10 Notices.

Subdivision 1. Notices provided for by the Ordinance shall be in writing.

Subdivision 2. Notices shall be considered effective upon service thereof by one of the following means:

Section 402.11 Validity.

Subdivision 1. The validity of any section, subdivision, clause, sentence, or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts.

Section 402.12 Regulation.

Subdivision 1. The City by Charter and by Section 206.03 of the City Code delegates to the Public Utility Commission the authority to operate the wastewater treatment plant and sanitary sewer lift stations. Maintenance of the sanitary sewer mains shall be the responsibility of the Street Commissioner in accordance with Section 204.05 of the City Code.

Section 402.13 Rates.

Subdivision 1. Rates shall be established in accordance with Section 10.05 of the City Charter.
Amended: Ord. No. 62 May 7, 1991

403.00. Water Utility Regulations (To Top of Page | Back to Ordinance Contents)

403.01 Water Service Connections: Permit Required

Subdivision. 1. Plumbers are required to be licensed by the City of Detroit Lakes and shall secure a permit from the City Administration Office before making any connections to a main, and no plumber or other person shall make any attachment or connection to it to serve other premises.

Subd. 2. Excavators are required to be licensed in the City of Detroit Lakes and shall secure a permit before digging is done on public right-of-way or municipal easement. Fees for license and excavating are set in the Detroit Lakes City Code, Section 210. The regulations for excavating are found in Section 302.

Subd. 3. All public and municipal utilities shall be contacted before any excavation work is done by using Gopher State One Call. All utility locations are the responsibility of the contractor.

Subd. 4. Safety precautions are the responsibility of the contractor, and shall be maintained at all times. Barricades and fencing are available upon request from the Water Department.

403.02 Water Service Connections: Who To Make, Cost Of:

Subdivision 1. Where a public water supply system is accessible (in a street or alley to a building or premises and the connection is feasible), the water distribution system shall be connected to it unless otherwise permitted by the administrative authority. A water well which is taken out of service because a person is connecting to a public water supply must either be maintained for use such as irrigation, or sealed and abandoned in accordance with the Minnesota Water Well Construction Code (Minnesota Rules, Chapter 4725).

Subd. 2. Service connections to the water distribution system will be done by the Water Department or other authorized personnel.

Subd. 3. Water connection permit fees will be established by resolution of the City Council. 
Amended: 5/3/94 Ord. 106

Subd. 4. A water connection fee will be charged anytime a water service line is installed, repaired or replaced. 
Amended: 5/3/94 Ord. No. 106

Subd. 5. All service taps up to and including 2 inches will be done under pressure. Service taps larger than 2 inches have the option of being done under pressure.

Subd. 6. When a service lateral was installed with a water main project (out to the curb box), the property owner will connect at the curb box. If any additional service is needed, the fore-mentioned described service connection will apply.

Subd. 7. All service lines, connections, piping and appurtenances shall be installed and performed strictly in accordance with the Minnesota Plumbing Code and be approved by the Water Department. Failure to install or maintain the same in accordance therewith, or failure to have, or permit, required inspections shall be grounds for termination of water service to any customer.

403.03 Services: Construction

Subdivision 1. All services shall be constructed by licensed plumbers at the owner's expense.

Subd. 2. Services two (2) inches in diameter or less shall be type "K" copper within right-of-way and type "K" or approved plastic pipe on private property. All services larger than two (2) inches in diameter shall be ductile iron or approved plastic pipe. Service pipes shall have a minimum working pressure rating of 160 psi and shall meet all standards as required by the Minnesota Plumbing Code.

Subd. 3. All taps two (2) inches in diameter or smaller shall be made with the use of a corporation stop designed for tapping under pressure and will be tapped using a stainless steel service saddle. Services up to, and including, one (1) inch must be of the flared type fittings. Any service over one (1) inch in diameter may use a compression type fitting.

Subd. 4. All taps, other than those allowed in the preceding paragraph, shall be made only with the use of an approved tapping sleeve and gate valve. In no case shall the valve be smaller than four (4) inches. On services which are connected to the main with a gate valve and sleeve, the gate valve shall take the place of the curb stop and shall be placed within three (3) feet of the water main.

Subd. 5. All corporation stops must have round ways of the same diameter as the pipe with which they are placed and be of a make and pattern approved by the Water Department. All curb stops three-quarters (3/4) inch and larger shall be of the Mueller or Ford design or approved equal.

Subd. 6. No service pipe shall be less than 3/4 inch in diameter and no service line in excess of 150 feet in length shall be less than one (1) inch in diameter. All services shall have a depth of at least seven (7) feet below finished grade or one (1) foot below the ground water level; and each service two (2) inches in diameter or smaller shall have a curb stop fitted with a stop box set on the property line at the same elevation as finished grade.

Subd. 7. The stop box used shall have a Minneapolis pattern base and be of a design approved by the Water Department. Stop boxes on curb stops one (1) inch diameter or smaller shall have an unobstructed opening of one and one-half (1 1/2) inches diameter. Curb stops larger than one (1) inch diameter shall have an unobstructed opening, a minimum of two (2) inches in diameter. All stop boxes shall be fitted with a substantial cover.

Subd. 8. Every service pipe must have a shut-off valve placed adjacent to and on the street side of the meter which must be kept in working order at all times so that the water may be shut off by the occupant of the premises. There shall also be a shut-off valve placed on the other side of the water meter so that the meter can be taken out or replaced without draining the pipe system in the building.

403.04 Services: Restriction on Laying of Pipe

Subdivision 1. No consumer shall be permitted to extend water pipes across lots or buildings to adjoining premises. All service pipe shall be laid on streets, alleys or public ground to the premises to be served and enter at the front, side or rear of the nearest main.

Subd. 2. Separation of water service pipes and sewer service pipes shall be no less than ten (10) feet apart horizontally or can be placed in a common trench if the bottom of the water service pipe is kept at a minimum of 12 inches above the top of the sewer pipe at all points and the water pipe is placed on a solid shelf at one side of the common trench. A common trench may also be used without the separation requirements if the sewer pipe is of ductile iron or schedule 40 plastic pipe and the water pipe is of approved copper, ductile iron or plastic pipe. Amended: 08/04/92 Ord. 83

Subd. 3. Water extensions to a sub-division within the corporate limits of Detroit Lakes are to be petitioned by the developer. The City Administrator will have a feasibility study conducted after which the City Council will approve, or disapprove, any utility improvements to the area.

403.05 Services: Separate Service to Each Building

No new service shall be constructed and no existing service shall be changed in such a manner that more than one building shall be on the service.

403.06 Separate Curb Stop Required for Each Building

Owners of premises having water services which do not have separate curb stops and boxes for each building or which otherwise do not conform to the requirements in this chapter at the time of its passage may be required to put in such curb stops or make such other changes as are necessary to conform to these requirements, when so instructed by the Water Department.

403.07 For Water Used During Construction

If a contractor requests water during construction, a temporary meter hook-up can be installed by the contractor. Under no circumstances is a contractor permitted to use water without a meter.

403.08 Curb Stop: To be Shut-Off, When

Plumbers shall leave all new water services shut-off at the curb stop after completing the testing, except that water may be left on only when the owner or their agent has made application for the same and has a receipt from the City Administration Office showing fees paid.

403.09 Maintenance of Service Pipes

The Water Department will maintain water services from the main to, and including the curb stop, or the property line, whichever is the closest to the main, free of charge to the customer. Customers shall be responsible for maintenance of water services on the property owners side of the curb stop. In the case of large services constructed with a gate valve, the gate valve shall be considered the curb stop and shall be placed within three (3) feet of the water main.
Amended: 08/04/92 Ord. 83

403.10 Repair of Services to Conform to Chapter

Repairs made to existing services shall cause each service to conform in every respect with this chapter. If the plumbing is not within the Code requirements, as outlined in Section 403.03, Subd. 2, it is required to be brought up to Code standards by the property owner. The owner may choose to pay for said replacement or they may elect to have the City pay for said repairs and have it assessed to the property.

403.11 Two or More Services on One Shut-Off: Turning on of Water

When there are two or more services on one curb stop, the water will not be turned on one service unless the service pipes supplying the entire premises are metered and the water bill is paid for each service. The Water Department may request that additional curb stops be installed as outlined in Section 403.06.

403.12 Services - Location of Leaks

When a leak occurs, the City Water Department will determine which side of the curb box the leak is located. It is then the responsibility of the City or the property owner as determined in Section 403.09 to repair a leak within ten working days. If the owner has not repaired the leak within said time, the City will hire a contractor to fix said leak and assess the cost in accordance with procedures set out in the City Code. Failure by the property owner to maintain their service line may be cause for the City to discontinue water service.

403.13 Service Line- Freeze-Ups

Subdivision 1. When a water service lateral freezes, it is the sole responsibility of the property owner to thaw the service lateral from the house or building to the main. Any cost resulting from the thawing of these frozen water lines will be paid by the owner.

Subd. 2. If a water service lateral has a tendency to freeze, it is the owners responsibility to let the water "drip" to prevent any freeze-ups. The City of Detroit Lakes does not allow a credit on water used during the period in which the water "drips", but will install a water by-pass if it deems necessary at the City's expense.

403.14 Abandoned Water Service Lines  Amended:  06/01/04, Ord. No. 256

        Subdivision 1.    When a water service line is abandoned in an improved street and determined to be no longer necessary, the Water Department shall keep a record of such abandonment and shall bill the property owner an abandonment fee.  The Abandonment fee shall be a fixed charge established by resolution of the City Council.  Such charge shall be determined by computing the average cost of abandonment as established by the City Engineer.  All abandonment fees are to be billed to the property owner and if not paid by September 30^th, of the year in which the service is determined to be abandoned, the charges shall be assessed to the property owner in accordance with City policy for assessing current service charges.  All abandonment fees shall be credited to the Water Department.  All previously abandoned services shall be excavated and shut off at the main during the next street construction, reconstruction or overlayment project with the cost to be paid by the Water Department.  

   Subd. 2.          When a water service line is replaced in an improved street during a construction, reconstruction or overlayment project and not previously abandoned, the old service shall be shut off at the water main.  The cost of the new service and abandonment of the old service shall be paid by the property owner and assessed according to the City’s assessment policy. 

             Subd. 3.          When a leak occurs in an abandoned water service line prior to construction, reconstruction or overlayment, the Water Department shall repair the leak or remove the abandoned service in accordance with Section 403.09.

 403.15 Right to Shut-Off Water: Notice, When Required, Claims Against City

The Water Department reserves the right, at any time when necessary without notice, to shut the water off at the main for the purpose of making repairs or extensions or for any other purpose. No claim shall be made against the Water Department for any damage that may result from shutting off water for repairing, laying or relaying mains, hydrants or other connections. The Water Department shall give notice of shutting off water if conditions are such that it is possible to do so.

 CONTROL AND REGULATIONS OF WATER METERS

403.16 Water Meters: Required - By Whom Furnished

Any person, firm or corporation taking water from the water mains of the City of Detroit Lakes is required to use a meter. In the case of meters one (1) inch or smaller in size, such meters will be furnished at the expense of the Water Department. An extra meter, one (1) inch or smaller, will be furnished by the Water Department and the total price billed to the property owner, except in the case of an outdoor watering meter, see Section 403.19, Subdivision 3. Meters larger than one (1) inch are to be purchased by the owner of the property requesting water service. Meters will measure water at cubic foot rates and the consumer will pay for the water used. No one shall use water that is not measured by a meter furnished or approved by the Water Department. The City will maintain and does retain ownership of all meters, regardless of who purchased the meter. Amended: 08/04/92 Ord. 83

403.17 Water Meters: To be Attached to All Services, Exceptions

Meters shall be attached to all services except private fire protection services as herein provided.

403.18 Water Meters: Installation of

The owner must have a licensed plumber install the meter and necessary fittings at their expense. The Water Department will inspect the installation and approve it before the water is turned on. Meters shall be placed on the service pipe not to exceed two (2) feet from the wall where such pipe enters the premises and be in a horizontal position. There shall be a valve between the meter and the wall; and a suitable place shall be provided for the meter so as to keep it dry and clean, protected from frost, and it shall be readily accessible at all times to the meter reader and inspectors of the Water Department.

403.19 Water Meters: Outdoor Metering

When a customer requests metering for outdoor watering only, with no corresponding wastewater charges, the following procedure will be followed:

Subdivision 1. A separate water meter with remote meter reading capability and piping is to be installed in such a manner that the outdoor water system cannot be interconnected to a domestic system.

Subd. 2. The outdoor metering and piping shall be inspected and approved by Public Utility personnel before use of the system is authorized.

Subd. 3. Half of the meter cost and all of the installation costs are to be paid for by the customer.

Subd. 4. Any use of the outdoor watering system which results in water entering the wastewater system of the Public Utility will be charged to the customer, based upon wastewater rates in effect at the time of use.

Subd. 5. All charges for water used in the system and service charges in effect will be billed at rates which are in effect at the time of use.

403.20 Remote Meter Register

Remote meters are required on all new construction or remodeling projects. Remote meters and wire will be furnished for the new construction or remodeling, but must be installed by an electrician or plumber. If a remote meter is requested by the owner for an existing meter, the Water Department will furnish and install the remote meter at no charge to the owner. All remote meters are to be located next to the electric meter, unless the electric meter is not located on the residence. Amended: 08/04/92 Ord. 83

403.21 Water Meters: To be Kept Sealed

Meters shall at all times be sealed, such seals shall not be broken. Meters shall be removed only by authorized employees of the Water Department.

403.22 Water Meters: Valves on One and One-Half Inch and Larger

Meters one and one-half (1 1/2) inches in size and larger shall be by-passed, and shall have a suitable valve on either side of the water meter and a valve on the by-pass, which will be sealed by the Water Department. An owner may opt to install (two) 2 meters, instead of one (1) meter and a by-pass.

403.23 Water Meters: To Be Protected

Meters that are liable to become damaged by heating or cooling systems shall be protected by the installation of an approved back flow preventer located in the potable water line before the point where any chemicals may be introduced.

403.24 Water Meters: Damage to, Who Liable

The owner or occupant of premises where a meter is installed shall be held responsible for its care and protection from freezing or hot water, and from other injury or interference or in case of its stoppage or imperfect working, they shall give immediate notice to the office of the Water Department. All meters that are broken or damaged by negligence of owners or occupants of premises, or by freezing, hot water or other damage, except ordinary wear and tear, shall be repaired by the Water Department and the cost of repairs shall be paid by the owner or occupant.

403.25 Water Meter: Owner of Premises to Give Notice When Meter Not Needed

Whenever a water meter is installed on a water service in a premises that is to be remodeled, removed or destroyed, or where the service is discontinued so that the water meter is no longer needed, the owner of such premises shall give notice to the Water Department to remove such meter, and free access to such meter must be provided so that the meter may be removed. The owner of the premises shall be held responsible for the meter and, if the meter is lost, they shall be required to pay for the same at the actual value.

403.26 Water Meters: Interference with Registration and the Breaking of Seal is Prohibited

No one shall in any way interfere with the proper registration of a water meter; and no one, except an authorized employee of the Water Department shall break a seal of a meter; provided, however, that the Water Department may grant specific permission to licensed plumbers to break such seal for draining pipes or stopping water leaks.

403.27 Water Meters: Tampering With, Water Bill to be Estimated

If any meter is found to have been tampered with, the water bill shall be estimated for that billing period and the meter repaired and tested. Upon repetition of the offense, it will be the option of the Water Department to discontinue the water service or collect the amount estimated due.

Water Meters: Testing and Expense for

In case there is doubt as to the accuracy of a water meter on the part of the consumer, they may have the meter, up to one (1) inch, tested by the Water Department; at which time they may be present, or have a representative present if they so desire; and if the meter is found to register within two (2) percent of being correct, a charge will be made for making the test. If the meter is found to measure two (2) percent incorrectly, no charge shall be made for making the test. If the meter should be found to over-register more than two (2) percent, there shall be a proportional deduction made from the previous water bill. A water meter shall be considered to register satisfactorily when it registers within two (2) percent of accuracy.
Amended: 08/04/92 Ord. 83

403.29 Water Meters: Right of Access

The customer shall grant all necessary permission to allow the Water Department access to, and the right to operate any and all service line valves, including but not limited to the curb box valve. The Water Department employees or agents shall have the right to enter the customer's premises at all reasonable times for the purpose of operating service valves or for the reading, inspection, repairing or removal of the water meter.

 WATER SERVICE RATES, BILLS AND ACCOUNTS

403.30 Water Rates and Rules, How Established, Changed

It is hereby expressly provided that the City Council of the City of Detroit Lakes reserves the right to change the rate for the use of water from time to time, by resolution; and at all times make such water restrictions, rules and regulations as, in the judgment of the City Council, may be necessary.

403.31 Water Rates: How Applies in Building Service Rentals

When billing for rentals, the rates shall be applied separately for the consumption of water through each meter. When two or more apartments are connected with one meter it will be the responsibility of the landlord to pay the water bill.

403.32 Water Service Bills, When Due and Delinquent: Turning Off of Water, When Turned On

All bills are due and payable on or before the 15th day in which bills are sent out. Five days after a bill has become delinquent the water may be shut off from the premises; and, when so shut off, shall not be turned on again until all water bills and all other charges due for services to the consumer, together with a reconnect charge for turning water on, has been paid. Water will be turned on during regular working hours for the reconnect charge. After regular working hours, an additional call-out charge will be added for turning water on. Amended: 08/04/92 Ord. 83

403.33 Water Service Bills, Where to Be Paid

All bills for water and other services are payable only at the City Administration Office during regular working hours.

403.34 Water Service, Discontinuing of, Seasonal Customers, Freeze-Ups

Subdivision 1. Any consumer desiring to discontinue the use of water must either notify the Water Department or call a licensed plumber. If the water is turned off at the stop box by a licensed plumber, they must inform the Water Department the same day the water service is discontinued.

Subd. 2. There are no seasonal customers for water and sanitary sewer services. Monthly charges are based upon the consumption of water. If there is no consumption for that month, a fee is charged according to the current rate schedule or the customer may have the water shut-off or turned on at the curb box at the current fee.

Subd. 3. Any water breaks due to freezing lines, in which a residence is not in use, is the responsibility of the owner. The owner will be charged for all water consumption as well as any sewer rates. However, an owner may appeal their sewer billing to the Public Utility Commission.

403.35 Permission Necessary to Turn On, When

No firm, company or corporation or individual from whose premises the water shall have been shut off for any of the reasons provided, shall turn the water on without permission from the Water Department.

403.36 Fire Services: Construction of

The construction of fire services shall be under the personal supervision of an authorized employee of the Building Inspector's Department, and the cost of this supervision shall be charged to the owner.

403.37 Fire Services: When Meters Not Required

Private fire protection services may be constructed without meters provided that all outlet valves are sealed, and that the system is approved by the Water Department, Fire Department and conforms with all building codes. All fire service lines shall be installed with a check valve or backflow prevention device. Approved back-flow prevention devices shall be used when required by the Minnesota Plumbing Code. Owners of those backflow prevention devices which require testing will be responsible to have these devices tested annually by an accredited tester and to annually submit a copy of all such test results to the City. Each backflow prevention device shall also have an attached tag showing recorded test dates and signature of tester. Amended: 08/04/92 Ord. 83

403.38 Fire Services: When to be Opened

Fire protection systems shall be opened in case of fire or for inspection; and shall not supply water for domestic use, other than fire purposes.

403.39 Fire Services: Seals Broken On, Duty to Notify

When seals on a fire protection system are broken, it shall be the duty of the owner or occupant to notify the Water Department within 24 hours thereafter.

403.40 Fire Services: Installation of More Than One Service to a Premise

If more than one service is installed on the same premise, the piping of one shall not be connected with the other, except with permission of the Public Utility Commission.

403.41 Fire Services: Limited Size Of

The Water Department shall reserve the right to limit the size of fire protection services where the street mains are not adequately sized in order to protect public interest.

403.42 Fire Service: Use of For Other Purposes, Penalty

In any case when the owner or occupant of any premises are found to be using water from a fire service for purposes other than fire protection, the Water Department reserves the right, at anytime, to require the owner of the premises to furnish and install, at his expense and under the direction of the Water Department, an approved water meter and to keep the same in accurate operating condition.

403.43 Fire Hydrants: Permit Required to Use

Hydrants are available throughout the City, but the use of a fire hydrant, unless authorized by the Water Department, is strictly forbidden. Temporary service from fire hydrants is available for contractors. A hydrant rental fee, along with a metered charge, is required for contractor usage, tank fillings or other approved usages of fire hydrants. If a meter is required, it will be furnished and installed by the Water Department. The charges for water used will be billed at the current water rates.
Amended: 08/04/92 Ord. 83

403.44 Fire Hydrants: How To Be Opened

Hydrants shall be opened only with an operating hydrant wrench and spanner which shall be obtained either from the Fire Department or Water Department.

403.45 Fire Hydrants: Use of in Flushing Streets and Sewers

Hydrants used for construction purposes and/or flushing sewers and streets shall have a reducing coupling attached to the nozzle of the hydrant with an independent throttling valve for regulating the supply. Amended: 08/04/92 Ord. 83

403.46 Water Supply From Two Sources, Piping System to be Separate

On premises where water is supplied from two sources, the city water being one of the systems, the piping system for city water must be entirely separated from that of the other source. If such cross-connections are found to exist, the owner or their plumber must give notice to the Water Department and make an immediate correction of the problem. Failure to correct the problem will result in the discontinuation of the City's water supply by the Water Department.

403.47 Safety Devices Required

Consumers are required to equip their City supplies water systems with approved safety devices and/or backflow prevention devices whenever the system is connected to water using fixtures or equipment which could cause a hazard to the City's water supply during such instances when back pressure/back siphonage may occur. Those consumers required to test such backflow prevention devices shall also adhere to the device testing requirements as stipulated in Section 403.37. Amended: 08/04/92 Ord. 83

403.48 Water Department Does Not Guarantee Accuracy of Information Given

Information obtained from the records, maps, employees, etc., of the Water Department relative to the location of water mains and service pipes will be furnished to licensed plumbers and interested parties, but the Water Department does not guarantee the accuracy of the same.

403.49 Unnecessary Waste, Right to Cut Off Supply

Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. If unnecessary waste of water takes place the Water Department reserves the right to cut off the supply. The Water Department reserves the right to prohibit the use of water for yard sprinklers, elevators, air conditioners, coolers and large consumers of water when in the judgment of the Water Department, it shall be necessary to do so.

403.50 Water Department Does Not Guarantee Pressure, or Supply

The Water Department does not guarantee the consumer any fixed pressure or a continuous supply. In emergencies, water may be shut off without notice.

403.51 Non-Liability of Water Department for Water Service Breakage Failure in Supply

The Water Department shall not be held responsible for any reason, such as, but not limited to the breaking of any service pipe or apparatus, water coil, shut-off or failure in the supply of water.

403.52 Borrowing of Plumbing Supplies

When a contractor is in need of a certain part, the city may "borrow" that part to the contractor with the agreement that the contractor will replace said part or be charged the current replacement price.

403.53 Foregoing Rules and Regulations Considered Part of Every Contract

The foregoing rules and regulations shall be considered a part of the contract with every person who takes water supplied by the Water Department through the City Water Works, and every such person who takes water shall be considered as having expressed his agreement to be bound thereby. Added: Ord. No. 53 11/13/90

404 Storm Water Drainage Utility (To Top of Page | Back to Ordinance Contents)

404.01 Establishment. Pursuant to Minnesota Statutes. Section 444.075, the City establishes a Storm Drainage Utility and authorizes the imposition of just and reasonable charges for the use and availability of storm drainage facilities. The Storm Drainage Utility operations shall be a part of the Street Department and under the administration of the City Administrator.

404.02 Finding and Determination.

Subdivision 1. In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City has constructed, operated and maintained a storm drainage system. This ordinance is adopted in the further exercise of such authority and for the same purposes.

Subd 2. The system, as constructed heretofore, has been financed and paid for through the imposition of special assessments and ad valorem taxes. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, establishing, enlarging, replacing, repairing maintaining and operating the system through the imposition of charges as provided in this ordinance.

Subd. 3. In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the City and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of improving, establishing, enlarging, replacing, repairing, maintaining and operating the system on the basis of the expected storm water runoff from the various parcels of land within the City during a standard rainfall event.

404.03 Storm Drainage Utility Fund. There is hereby created a Storm Drainage Utility Fund into which all charges, when collected, and all monies received from the sale of any facilities or equipment or any by products shall be placed. Such monies shall be used first to pay normal, reasonable and current costs of operating and maintaining the facilities.

404.04 Residential Equivalent Factor (REF) Defined. For the purpose of this section one (1) Residential Equivalent Factor (REF) is defined as the ratio of the average volume of surface water runoff generated by one (1) acre of a given land use to the average volume of runoff generated by one (1) acre of typical single family residential land, during a standard one (1) year rainfall event.

404.05 Storm Water Drainage Charges. In determining charges, the City Council shall by resolution establish a basic system rate to be charged monthly against one (1) acre of land having an REF of one (1). The charge to be made against each parcel of land shall then be determined by multiplying the REF for the parcel's land use classification times the parcels acreage time the basic system rate. The REF values for various land uses are as follows:

1.                                 Single Family and Duplex Residential  1.00
2.                                 Multiple Residential                                 3.20
3.                                 Commercial and Industrial                      5.20
4.                                 Institutional and Schools                         1.30
5.                                 Churches                                                  3.20
6.                                 Parks and Cemeteries                           0.30

7.                                 Vacant Unimproved Parcels                   -0-

8.                                 Combined Parcels                                   -0-

9.                                 Rail Road Parcels                                   1.30

Amended: 07/11/06 Ord. 292

404.06 Standardized Acreage. For the purpose of calculating storm water drainage charges, all developed single-family and duplex parcels shall be considered to have an acreage of one-third (1/3) acre.

404.07 Other Land Uses. Other land uses not listed in the foregoing table shall be classified by the City Administrator by assigning them to classes most nearly like the listed uses, from the standpoint of runoff volume for the standard rainfall event. An appeal of such classifications from the determination of the City Administrator may be made to the City Council.

404.08 Adjustment of Charges. The City Council may by resolution adopt policies providing for the adjustment of charges for parcels based upon land use data supplied by affected property owners which demonstrates a runoff volume for a standard rainfall event substantially different from the REF being used for such parcels. Such adjustments for storm water drainage charges shall not be made retroactively.

404.09 Exemptions. Public street right-of-way and vacant unimproved land with ground cover are exempt from storm water drainage charges.

404.10 Payment of Charges. Statements for storm water drainage charges shall be made a part of the present utility billing system invoiced through the City Administrator=s Office on a monthly basis. All charges shall be subject to established procedures for determining and collecting customer charges.

404.11 Late Payment Penalty. Each billing for storm water drainage charges which are not paid when due, shall incur a penalty charge of 10% of the amount past due.

404.12 Establishment of Tax Lien. Any past due storm water drainage charges will be certified to the County Auditor for collection with real estate taxes against the property served by the utility established in this ordinance for collection as other taxes are collected in the following year pursuant to MS Section 444.075, Subd.3 and City Code. In addition, the City may have the right to bring a civil action or take other legal remedies to collect unpaid charges. Amended: 10/07/95 Ord. No. 128