HomeMy WebLinkAboutTITLE 10 Water and Sewer
TITLE 10
WATER AND SEWER
Subject Chapter
Public Water System……………………………….. .... 1
Sewer Use and Service………………………………. . 2
Sewer Service Charges ............................................. 3
Individual Sewage Treatment Systems…………………4
Storm Water Management…………………………….. 5
Construction Site Erosion and Waste Control……….. 6
Illicit Discharge Detection and Enforcement………… 7
CHAPTER 1
PUBLIC WATER SYSTEM
SECTION:
10-1-1: System Established
10-1-2: Water Unit Defined
10-1-3: Compliance With Provisions
10-1-4: Connection To Water System
10-1-5: Supply From One Connection And One Meter
10-1-6: Installation And Construction Requirements
10-1-7: Licensed Plumbers
10-1-8: Water Meters
10-1-9: Rates, Fees And Charges
10-1-10: Repairs
10-1-11: Use Of Water For Air Conditioning
10-1-12: Use of Hydrants
10-1-13: Deficiency Of Water
10-1-14: Disconnection of Service
10-1-15: Abandoned Or Unused Services
10-1-16: Prohibited Acts And Conditions
10-1-17: Connections Outside City Limits
10-1-18: Private Wells
10-1-19: Administration And Enforcement
10-1-20: Violation; Penalty
10-1-1: SYSTEM ESTABLISHED: A municipal water system (hereinafter
called the water system) is hereby established to be operated as a public utility.
(Amended Ord. 55, 5-5-1981; amd. 2003 Code)
10-1-2: WATER UNIT DEFINED: A "water unit" (hereinafter called unit)
shall be one residential equivalent connection based on usage of one hundred
thousand (100,000) gallons per year. (Amended Ord. 55, 5-5-1981)
10-1-3: COMPLIANCE WITH PROVISIONS: No person shall install any
water service or use any water service which is connected to the water system
except in the manner provided in this chapter. (Amended Ord. 55, 5-5-1981)
10-1-4: CONNECTION TO WATER SYSTEM:
A. Application For Service And Installation:
1. All applications for service installations and for water service shall be
made to the City Clerk by the owner or agent of the property to be served
and shall state the size and location of service connection required. The
applicant shall, at the time of making application, pay to the city the
amount of fees or deposit required for the installation of the service
connection as hereinafter provided. Applications for services larger than
one inch (1") shall be accompanied by two (2) sets of plans, or sketches,
indicating preferred location of service pipe and size of service based on
building demand.
2. The size of water service connections and meter shall be subject to the
approval of the City Engineer.
3. Water billing shall start at the time of installation of the water meter or,
in the event the meter is not installed, seven (7) days after completion of
outside piping, and shall be calculated upon the minimum quarterly rate,
prorated on a semimonthly basis.
B. Permit To Connect; Charges:
1. A permit must be obtained to connect to the existing water service leads
at the curb stop box. The fee for the permit shall be set pursuant to
subsection 10-1-9A of this chapter. The city shall install or have installed
all service connections from the water main to the curb stop box including
the stop box. Payment for service connections must be made before the
work is started and should be based upon one and one-half (1.5) times the
estimate of costs provided by the City Engineer. Any excess deposit shall
be returned to the applicant.
2. Additional charges shall be paid at the time of making application for
tapping and making connections with the water main to where the curb
stop box and service lead is not previously installed. The charge shall
include the tapping of the water main, corporation cocks, the installation of
a service line, the installation of a curb stop box, cost of restoring
disturbed areas and all other costs related to such installation. (Amended
Ord. 55, 5-5-1981)
3. There shall be a connection charge pursuant to Subsection 10-1-9A of
this chapter levied by the city to contribute to the payment of the costs of
the Andover public water system facilities. The City Council shall set by
ordinance the charges to be made for nonresidential installations1.
(Amended Ord. 55, 5-5-1981; amd. 2003 Code)
4. When water services have been stopped because of a violation of this
chapter, the city shall collect a fee before service is restored.
5. If a person desires to connect to the system and service a parcel that
has not been assessed for the cost of water main and lateral construction,
1 See section 1-7-3 of this code.
then before a permit is granted, the city shall collect an amount from the
applicant that is determined by the city Assessment Policy and Public
Improvement Financing Policy. (Amended Ord. 55, 5-5-1981)
10-1-5: SUPPLY FROM ONE CONNECTION AND ONE METER: No more
than one housing unit or building shall be supplied from one service connection
except by permission of the City Council. Each housing unit or building served
shall have a separate water meter. (Amended Ord. 55, 5-5-1981; amd. 2003
Code)
10-1-6: INSTALLATION AND CONSTRUCTION REQUIREMENTS:
A. Excavations; Connection Permit Required: No excavation shall be made
until a permit for the connection has been issued by the city.
B. Water Service Pipes Near Building Sewers:
1. No water service pipe or water connection shall be installed in the same
trench, or closer than ten feet (10') horizontally to a sewer or private
property line; except that the water pipe on private property may be in a
common trench with a sewer drain which is of a material that is in
conformance with the current Minnesota Plumbing Code as adopted by
the city 1 and the Minnesota Department of Health regulations.
2. Where it is desired to lay the water service pipe and the building sewer
pipe in the same trench, or in separate trenches less than ten feet (10')
apart, the water service pipe shall be above the sewer pipe unless
approved by the City Engineer. It shall be placed at least one foot (1')
above the sewer and on a solid shelf excavated at one side of the trench.
The sewer pipe shall be of a material that is in conformance with the
Minnesota Plumbing Code and the Minnesota Department of Health
regulations with tested watertight joints. The water service pipe shall be
watertight and corrosion resistant. Copper pipe and ductile iron pipe are
acceptable for this construction. In all cases, precautions shall be taken to
assure a firm foundation for the pipes. The intervening space between the
pipes shall be backfilled with compacted earth.
C. Installations On Surfaced Streets: In case the installation is on a
surfaced street, the following shall apply: all backfilled materials shall be
mechanically compacted in a twelve inch (12") layer to the density of the
adjacent material in the roadway area and to the existing street grades
in accordance with Minnesota Department of Transportation standards.
Complete surface restoration shall be made. Compaction testing shall be
done to ensure proper density. Testing shall be done by a certified
testing company.
1 See section 9-1-1 of this code.
D. Service Pipe Installations And Specifications: Every service pipe shall be
laid so as to allow at least one foot (1') of extra length in order to prevent
rupture by settlement. The service pipe must be placed no less than seven
feet (7') below the ground and in such a manner as to prevent rupture by
freezing. Service pipes must extend from the curb stop box to the inside of
the building or, if not taken into the building, then to the hydrant or fixtures
which it is intended to supply. Type K copper tubing shall be up to and
including two-inch (2") services. All underground joints are to be
mechanical, except joints under floors shall be silver soldered unless
otherwise approved by the City Building Official. Joints of copper tubing
shall be kept to a minimum with not more than one joint used for service
for each seventy feet (70') in length. Splicing may be approved with three
(3) piece unions only. All joints and connections shall be left uncovered
until inspected by the City Building Official and tested at normal water line
pressure. Unions must be three (3) part type. All services over two inches
(2") shall be ductile iron pipe. Connections with the mains for domestic
supply shall be at least one inch (1") up to the curb stop box.
E. Installation Of Curb Stop Box: Curb stop boxes will be installed on the
right-of-way line at a location best suited to the property and shall be left
in a vertical position when backfilling is completed. Curb stop boxes will
be installed at an approximate depth of seven feet (7') below the finished
ground elevation, and the top of the curb stop box shall be adjusted to be
flush with the finished ground elevation. Curb stop boxes must be firmly
supported by masonry block. No person shall erect any fence or plant
any tree or other landscaping that would obstruct the use of the curb stop
box or cause damage to same.
F. Supervision And Inspections: All piping connections from the curb stop
box to house supply piping shall be made under the supervision of a
licensed plumber subject to inspection by the City Building Official. The
piping connection made to the curb stop box on the house side shall be
inspected by the City Building Official. The water meter installation shall
be inspected, tested and the meter sealed by the Public Utilities
Department. (Amended Ord. 55, 5-5-1981; amd. 2003 Code)
10-1-7: LICENSED PLUMBERS 1: No individual, partnership, corporation or
other business association shall perform plumbing contracting work for another
within the city without first having obtained a license as provided by this code;
except that such license need not be obtained if said individual, partnership,
corporation, or other business association holds a license from the State Board
of Health. Every individual, partnership, corporation or other business association
holding a license from the State Board of Health as provided above and doing
plumbing contracting work for another within the city shall have on file with the
1 See also title 3, chapter 3 of this code and section 10-2-5 of this title.
City Clerk a copy of the current license issued by the respective agency or such
other evidence of such license as may be provided by the respective agency. All
insurance and bond requirements shall be governed by state law. (Amended
Ord. 22, 6-11-1974; amd. 2003 Code)
10-1-8: WATER METERS:
A. Metered Water Required: Except for extinguishment of fires, no
person, unless otherwise authorized by the Public Utilities Department,
shall use water from the water system or permit water to be drawn
therefrom, unless the same be metered by passing through a meter
supplied or approved by the city.
B. Installation Requirements: All water meters hereafter installed shall be
in accordance with the following rules:
1. The service pipe from the water main to the meter, when the same
enters the building, shall be brought through the floor or bottom course of
concrete block or foundation where depth permits.
2. The meter shall be located so that the bottom is from twelve inches
(12") to twenty-four inches (24") above the finished floor line.
3. The meter shall be set out not less than twelve inches (12") measured
horizontally from the inside line of the basement wall. The meter shall be
readily accessible to the meter reader and shall not be located in crawl
spaces, closets or under stairways.
4. All meter installations shall have a gate valve on the street side of the
meter. A gate valve shall also be installed on the house side of the meter.
All fittings and pipe shall be red brass or bronze. Gate valves shall be
brass one hundred twenty five (125) pounds standard. Ball valves may be
used in lieu of gate valves on the house side of the meter. A meter yoke
shall be required on all residential water meters.
C. Charges: A charge established pursuant to Subsection 10-1-9A of this
chapter shall be paid by customers to the city for water meters, including
installations and check valves, and payment for same shall be made at
the time of water service application. This payment shall be made only
once, subject to the following provisions of this section.
D. Large Water Lines; Additional Meters: Where a customer has need for a
larger line in addition to his domestic line, as in the case of a commercial
consumer who needs a one inch (1") line for normal use and a six inch
(6") or eight inch (8") line for a fire sprinkler system, he/she will be
permitted to run one line into the premises and Y off into two (2) lines at
the building. When this is done, the meter will be attached to the small or
domestic line, and a check valve as well as a one inch (1") detection
meter shall be put on the large line.
E. Repair And Replacement Of Meters: The city shall maintain and repair all
meters when rendered unserviceable through ordinary wear and tear and
shall replace them if necessary. When replacement, repair, or adjustment
of any meter is rendered necessary by any act of neglect (including
damage from freezing or hot water backup) or carelessness of the owner
or occupant of the premises, any expense caused the city thereby shall be
charged against and collected from the water consumer. (Amended Ord.
55, 5-5-1981; amd. 2003 Code)
F. Testing Meters: A consumer may, by written request, have his meter
tested by depositing the amount established pursuant to Subsection 10-1-
9A of this chapter. In case a test should show an error of over five percent
(5%) of the water consumed, a correctly registering meter will be installed,
and the bill will be adjusted accordingly, and the testing deposit refunded.
Such adjustment shall not extend back more than one billing period from
the date of the written request.
G. Meters Are City Property: All meters and remote readers shall be and
remain the property of the city.
H. Access To Premises: Authorized city employees shall have free access
at reasonable hours of the day to all parts of every building and premises
connected with the water system for reading of meters and inspections.
I. Discontinuance Of Service; Notice Of Final Reading: It shall be the
responsibility of the consumer to notify the city to request a final
reading at the time of customer's building change. (Amended Ord.
55, 5-5-1981)
J. Tampering With, Damage To Meter: No person not authorized by the
Public Utilities Department shall connect, disconnect, take apart, or in
any manner change, or cause to be changed, or interfere with any meter,
remote reader and wire, or break any meter or valve seal. (Amended
Ord. 55, 5-5-1981; amd. 2003 Code)
10-1-9: RATES, FEES AND CHARGES:
A. Set By Ordinance: The City Council shall adopt by ordinance, a schedule
of all water rates, fees, and charges for permits, penalties or service
referenced in this chapter 1. Such ordinance will be published once in the
official newspaper of the city. This ordinance may be amended from time
to time if operating costs indicate a need. The connection charge, the
debt retirement, and capital depreciation part of the water usage rate,
1 See section 1-7-3 of this code.
and area special assessment for water trunks shall be adjusted by the
ENR index annually on January 1 of each year.
B. Water Rates:
1. The rate due and payable by a user within the city for water taken from
the water system commencing March 31, 1981, shall be established
pursuant to Subsection A of this section. (Amended Ord. 55, 5-5-1981;
amd. 2003 Code)
2. In case the meter is found to have stopped or to be operating in a faulty
manner, the amount of water used will be estimated in accordance with
the amount used previously in comparable periods of the year.
3. Rates due and payable by each water user located beyond the
territorial boundaries of the city shall be determined by special contract.
4. The minimum rates established pursuant to Subsection A of this section
shall begin to accrue after connection of the service pipe with the curb
stop box.
5. A meter shall be installed on the street valve in the house and remote
register outside regardless of whether inside piping is connected.
6. In the event a water customer elects to discontinue the use of the
municipal water, the regular or minimum charge shall continue until such
date as service is disconnected at the curb stop box.
C. Bills For Service: All bills and notices shall be mailed or delivered to the
address where service is provided. If nonresident owners or agents desire
personal notice sent to a different address, they shall so note on the water
service applications. Any changes or error in address shall be promptly
reported to the city clerk.
D. Payment Of Charges: Any prepayment or overpayment of charges may
be retained by the city and applied on subsequent quarterly charges.
E. Penalty For Late Payment: If a quarterly service charge is not paid
when due, a penalty of ten percent (10%) shall be added thereto.
(Amended Ord. 55, 5-5-1981)
F. Action To Collect Charges: In the event a user fails to pay his/her
water fee within a reasonable time, said fee shall be certified by the
City Clerk and assessed against the property on which the charges
were incurred, and forwarded to the County Auditor for collection.
(Amended Ord. 55, 5-5-1981; amd. 2003 Code)
10-1-10: REPAIRS:
A. Determination Of Need For Repairs: Based on the information supplied by
the property owner or available to the city, the city will make a
determination whether a problem exists in that portion of the service which
is the city's responsibility. If the problem appears to exist in the areas for
which the city has no responsibility, the private owners will be responsible
for correction of the problem.
B. Thawing Of Water Services: The city will attempt to thaw water
service on request of the resident. If the problem is found within that
portion of the service for which the private owner is responsible, the
private owner thereafter will be responsible for thawing the service
and correction of the problem.
C. Excavation And/Or Repair Of Water Service: The city will arrange for the
investigative digging up and repair of any water service where the problem
apparently exists within that area for which the city has responsibility.
Unless it is clearly evident, however, that the problem is the responsibility
of the city, the excavation and repair will not be made until the property
owner requests the city, in writing, to excavate and/or repair the service
and agrees to pay the cost. The owner further agrees to waive public
hearing and be special assessed the cost of such excavation and repair if
the problem is found to be other than the city's responsibility. The city will
make the determination for responsibility for cost of investigation and/or
repair. The matter of whether the dig up is done by city forces or
contracted would depend on the urgency or need of repair and the
availability of city forces to do the work. Recovery by the city for faulty
construction will depend upon the circumstances and the decision of the
city attorney on the likelihood of recovery. (Amended Ord. 55, 5-5-1981)
D. Failure To Repair; Disconnection Of Service: In case of failure upon the
part of any consumer or owner to repair any leak occurring in his service
pipe within twenty four (24) hours after verbal or written notice thereof, the
water may be turned off by the Public Utilities Department and shall not be
turned on until the leak has been repaired and a fee pursuant to
Subsection 10-1-9A of this chapter has been paid to the city. (Amended
Ord. 55, 5-5-1981; amd. 2003 Code)
10-1-11: USE OF WATER FOR AIR CONDITIONING 1: All air conditioning
systems which are connected directly or indirectly with the public water system
must be equipped with water conserving and water regulating devices as
approved by the City Engineer or City Building Official. Permits shall be required
for the installation of all air conditioning systems to the public water system 2.
(Amended Ord. 55, 5-5-1981)
1 See also title 9, chapter 2 of this code.
2 See also subsection 3-3-5A2 and section 9-2-4 of this code.
10-1-12: USE OF HYDRANTS:
A. Permit Requirements: Except for extinguishment of fires, no person,
unless authorized by the Public Utilities Department, shall operate fire
hydrants or interfere in any way with the water systems without first
obtaining a permit to do so from the city as follows:
1. Term Of Permit; Contents: A permit to use a fire hydrant shall be
issued for each individual job or contract and for a minimum of thirty (30)
days and for such additional thirty (30) day periods as the city shall
determine. The permit shall state the location of the hydrant and shall be
for the use of that hydrant and none other.
2. Deposit Required: The user shall make an advance cash deposit to
guarantee payment for water used and to cover breakage and damage to
the hydrant and meter, which shall be refunded upon expiration of the
permit, less applicable charges for use.
3. Relinquish Use During Emergencies: The user shall relinquish the use
of the hydrant to authorized city employees in emergency situations.
4. Rental Charge: The user shall pay a rental charge for each day,
including Saturdays, Sundays and legal holidays, and a fee, both such
charge and fee in such amounts as set forth by ordinance3.
B. Temporary Connection To Fire Hydrants: A temporary connection will be
made by the Public Utilities Department to a fire hydrant for the owner of a
private water system, subject to the time periods, conditions, and payment
specified in Subsection A of this section. In addition, the method of
connection to the private system shall conform to all requirements of this
chapter, and the type of meter used shall meet the approval of the Public
Utilities Department. (Amended Ord. 55, 5-5-1981; amd. 2003 Code)
3 See section 1-7-3 of this code.
10-1-13: DEFICIENCY OF WATER:
A. General Requirements: The city shall not be liable for any deficiency or
failure in the supply of water to consumers, whether occasioned by
shutting the water off for the purpose of making repairs or connections or
from any other cause whatsoever. In case of fire, or alarm of fire, or in
making repairs or construction of new works, water may be shut off at
such time and kept off as long as necessary. In addition, the City Council
or City Administrator shall have the right to impose reasonable restrictions
on the use of the city water system in emergency situations. (Amended
Ord. 55, 5-5-1981; amd. 2003 Code)
B. Irrigation And Sprinkling Restrictions: The following irrigation and
sprinkling restrictions shall apply to those persons on the municipal water
system:
1. Cross Connections Prohibited: No person shall construct, cause to be
constructed or operate any device which provides a cross connection
between the municipal water supply and a private well or the sewer
system.
2. Waste Of Water Prohibited:
a. Customers shall maintain taps, faucets, valves and other water
facilities so that water waste is eliminated from seeps, dripping
faucets, etc.
b. No person shall waste water deliberately by allowing irrigation or
sprinkling water to run off onto the street or into the drains.
3. Permission To Use Hydrant: No person shall open, close or tamper with
any fire hydrant except under the authorization of the Public Utilities
Department personnel.
4. Odd-Even Day Sprinkling: Sprinkling will be curtailed from May 1
through August 31. Even numbered houses can sprinkle on even
numbered calendar days. Odd numbered houses can sprinkle on odd
numbered calendar days.
5. Prohibited Hours: There will be no watering in the city (on the city water
system), odd or even, between the hours of twelve o'clock (12:00) noon
and six o'clock (6:00) P.M.
6. Warning; Penalty: There will be only one written warning for violators of
the sprinkling restrictions. Any subsequent violations carry a penalty as set
forth by city ordinance.
7. Exemptions:
a. Newly sodded or seeded yards will be exempt from the odd-even
restriction for a period of two (2) weeks only. Overseeding or spot
patching of existing established yards can be watered every day
with a hand controlled hose. No watering will be allowed between
twelve o'clock (12:00) noon and six o'clock (6:00) P.M.
b. Other exemptions are: car washing, filling of children's swimming
pools, children playing in a hose operated sprinkler or water toy.
8. Additional Restrictions:
a. Additional curtailment of water usage in dry weather will be by
order of the City Administrator. When restricted, no person shall
discharge water for the purposes of watering lawns, shrubs, trees,
washing cars or structures. All unnecessary uses of water are
prohibited for the duration of the imposed restriction. If such
restriction endangers the life of a new lawn, shrubs or trees, the
Water Department shall be notified. If justified, limited permission
may be granted to deviate from restrictions.
b. If more drastic restrictions are necessary, orders may issued by
the City Administrator to take necessary action to protect the water
system so that ample water may be available for health, sanitation
and fire protection. (Amended Ord. 55, 5-5-1981; amd. 2003 Code)
10-1-14: DISCONNECTION OF SERVICE:
A. Disconnection By City: Water service may be shut off at any connection
whenever:
1. The owner or occupant of the premises served, or any person working
on any pipes or equipment thereon which are connected with the water
system, has violated, or threatens to violate, any of the provisions of this
chapter.
2. Any charge for water, service, meter, or any other financial obligations
imposed on the present or former owner or occupant served is unpaid.
3. Fraud or misrepresentation by the owner or occupant of the premises
serviced in connection with an application for service.
B. Permit To Disconnect; Fee: A permit must be obtained to disconnect from
the existing water service leads at the curb stop box. The fee for the
permit shall be set pursuant to Subsection 10-1-9A of this chapter.
(Amended Ord. 55, 5-5-1981)
10-1-15: ABANDONED OR UNUSED SERVICES:
A. If the premises served by water has been abandoned, or if the service has
not been used for one year, then the service shall be shut off at the curb
stop box by the Public Utilities Department and the water meter will be
removed.
B. When new buildings are erected on the site of old ones, and it is desired
to increase or change the old water service, no connections with the
mains shall be made until all the old service has been removed and the
main taps plugged, or yoked connections are installed by the city at the
owner's expense. (Amended Ord. 55, 5-5-1981)
10-1-16: PROHIBITED ACTS AND CONDITIONS:
A. Unauthorized Tapping Of Mains: No person, except persons authorized by
the City Engineer or Public Utilities Department, shall tap any distributing
main or pipe of the water supply system or insert stopcocks or ferrules
therein.
B. Unauthorized Turning On Of Water: No person, except an
authorized Public Utilities Department employee, shall turn on or
off any water supply at the curb stop box.
C. Supplying Water To Other Premises: No person shall permit water from
the water system to be used for any purpose to circumvent this chapter,
unless authorized by the City Engineer or Public Utilities Department.
(Amended Ord. 55, 5-5-1981; amd. 2003 Code)
D. Use Of Other Water Supply: No water pipe of the water system shall be
connected with any pump, well, tank, or piping that is connected with any
other source of water supply, except to service the municipal systems.
E. Damage To System:
1. No unauthorized person shall remove or damage any structure,
appurtenance, or part of the water system or fill or partially fill any
excavation or move any gate valve used in the water system.
2. No person shall make any connection of an electric welder to the city
water main, appurtenance or service or use an electric welder for the
purpose of thawing frozen water mains, appurtenances or services.
(Amended Ord. 55, 5-5-1981)
10-1-17: CONNECTIONS OUTSIDE CITY LIMITS: Where water mains of
the city are in any street or alley adjacent to or outside the corporate limits of the
city, the City Council may issue permits to the owners or occupants of properties
adjacent or accessible to such water mains to make proper water service pipe
connections with such water mains of the city and to be supplied with water in
conformity with the applicable provisions of this chapter and subject to any
contract for the supply of water between the city and any other municipality.
(Amended Ord. 55, 5-5-1981)
10-1-18: PRIVATE WELLS 1:
A. Use Of Private Wells: Except where municipal water is not available, it
shall be unlawful to construct, reconstruct, or repair any private water
system which is designed or intended to provide water for human
consumption. Private wells, to provide water for other than human
consumption, may be constructed/maintained and continued in use after
connection is made to the water system, provided there is no means of
cross connection between the private well and municipal water supply at
any time. Hose bibbs that will enable the cross connection of the two (2)
systems are prohibited on internal piping of the well system supply. Where
both private and city systems are in use, outside hose bibbs shall not be
installed on both systems.
B. New Homes And Buildings: All new homes or buildings shall connect to
the municipal water system if water is available to the property. Where
new homes or buildings do not have water available to the property, the
City Council shall determine whether and under what conditions the
municipal water systems will be extended to serve the property.
(Amended Ord. 55, 5-5-1981)
C. Existing Homes And Buildings: At such time as municipal water becomes
available to existing homes or buildings, a direct connection shall be made
to such public system within a period of time as determined by the City
Council. If such connection is not made pursuant to this chapter, a penalty
shall be levied in an amount as set forth by ordinance2.
D. Unused Wells: If the well is not used after the time a municipal water
connection is made:
1. Within thirty (30) days after the municipal water connection is made, the
owner or occupant must advise the City Building Official that the well has
been sealed.
2. Wells must be abandoned in accordance with the Minnesota
Department of Health Water Well Abandonment Code. (Amended Ord. 55,
5-5-1981; amd. 2003 Code)
1 See section 3-3-5 of this code for permit and fee requirements.
2 See section 1-7-3 of this code.
10-1-19: ADMINISTRATION AND ENFORCEMENT:
A. Administration And Enforcement Official: The City Engineer shall assume
and discharge the responsibilities imposed by this chapter, along with
such other duties as may be required or assigned to him. (Amended Ord.
55, 5-5-1981; amd. 2003 Code)
B. Powers And Authority Of Inspectors: The Building Official, Public Utilities
Department employees and other duly authorized employees of the city,
upon proper identification, shall be permitted to enter upon all properties
for the purpose of inspections, observation and testing in accordance with
the provisions of this chapter. (Amended Ord. 55, 5-5-1981)
10-1-20: VIOLATION; PENALTY: Any person, firm or corporation who shall
violate any provision of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as defined by state law. (Amended Ord. 55,
5-5-1981)
CHAPTER 2
SEWER USE AND SERVICE
SECTION:
10-2-1: Definitions
10-2-2: Use Of Public Sewers Required
10-2-3: Private Wastewater Disposal Systems
10-2-4: Building Sewers And Connections
10-2-5: Contractor Licensing Requirements
10-2-6: Discharges Into Public System
10-2-7: Interceptors
10-2-8: Pretreatment Or Flow Equalizing Facilities
10-2-9: Industrial Users
10-2-10: Information Required
10-2-11: Measurements, Tests And Analyses
10-2-12: Special Agreements
10-2-13: Power And Authority Of Inspectors
10-2-14: Violation; Penalties
10-2-1: DEFINITIONS: Unless the context specifically indicates otherwise,
the meanings of terms used in this chapter shall be as follows:
BIOCHEMICAL
OXYGEN DEMAND
(BOD): The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory
procedure in five (5) days at twenty degrees
centigrade (20°C), expressed in milligrams per liter.
BUILDING DRAIN: That part of the lowest 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 feet (5') outside the inner face
of the building wall.
BUILDING OFFICIAL: Officer or other designated authority charged with
the administration and enforcement of this
chapter.
BUILDING SEWER: The extension from the building drain to the public
sewer or other place of disposal, also called house
connection.
CITY: City of Andover.
EASEMENT: An acquired legal right for the specific use of land
owned by others.
FLOATABLE OIL: Oil, fat, or grease, in a physical state such that it may
separate by gravity from wastewater by treatment in
an approved pretreatment facility. A wastewater shall
be considered free of floatable oil if it is properly
pretreated and the wastewater does not interfere with
the collection system.
GARBAGE: The animal and vegetable waste resulting from the
handling, preparation, cooking and serving of foods.
INDUSTRIAL WASTES: The wastewater from industrial processes, trade, or
business as distinct from domestic sanitary wastes.
NATURAL OUTLET: Any outlet, including storm sewers, into a
watercourse, pond, ditch, lake, or other body of
surface or ground water.
pH: The logarithm of the reciprocal of the hydrogen ion
concentration. The concentration is the weight of
hydrogen ion, in grams per liter of solution. Neutral
water, for example, has a pH value of 7 and a
hydrogen ion concentration of 10.
PERSON: Any individual, firm, company, association, society,
corporation, or group.
PROPERLY SHREDDED
GARBAGE: The wastes from the preparation, cooking, and
dispensing of foods that have been shredded to such
a degree that all particles will be carried freely under
the flow conditions normally prevailing in public
sewers, with no particle greater than one-half inch
(1/2") in any dimension.
PUBLIC SEWER: A common sewer controlled by a governmental
agency or public authority.
SANITARY SEWER: A sewer that carries liquid and water carried
wastes from residences, commercial buildings,
industrial plants, and institutions together with
minor quantities of ground, storm, and surface
waters that are not admitted intentionally.
SEWER: A pipe or conduit that carries wastewater.
SHALL; MAY: "Shall" is mandatory; "may" is permissive.
SLUG: Any discharge of water or wastewater which, in
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 normal operation and shall adversely affect
the collection system.
STORM DRAIN
(Sometimes Termed
STORM SEWER): A drain or sewer for conveying water, ground water,
subsurface water, or unpolluted water from any
source.
SUSPENDED SOLIDS: Total suspended matter that either floats on the
surface of, or is in suspension in, water, wastewater,
or other liquids, and that is removable by laboratory
filtering as prescribed in "Standard Methods For The
Examination Of Water And Wastewater" and referred
to as non-filterable residue.
UNPOLLUTED WATER: Water of quality equal to or better than the effluent
criteria in effect or water that would not cause
violation of receiving water quality standards and
would not be benefited by discharge to the sanitary
sewers.
WASTEWATER: The spent water of a community. From the
standpoint of source, it may be a combination of the
liquid and water carried wastes from residences,
commercial buildings, industrial plants, and
institutions, together with any ground water, surface
water, and storm water that may be present.
WASTEWATER
FACILITIES: The structures, equipment, and processes
required to collect and carry away domestic and
industrial wastes and dispose of the effluent.
WATERCOURSE: A natural or artificial channel for the passage of water
either continuously or intermittently. (Amended Ord.
32, 11-25-1975; amd. 2003 Code)
10-2-2: USE OF PUBLIC SEWERS REQUIRED:
A. Discharge Of Human And Animal Wastes: It shall be unlawful for any
person to place, deposit, or permit to be deposited in any unsanitary
manner on public or private property within the city, or in any area
under the jurisdiction of the city, any human or animal excrement,
garbage, or objectionable waste.
B. Discharges Into Natural Outlets: It shall be unlawful to discharge to any
natural outlet within the city, or in any area under the jurisdiction of the
city, any wastewater or other polluted waters. (Amended Ord. 32, 11-25-
1975)
C. Connection To Sewer System Required: The owner of all houses,
buildings, or properties used for human occupancy, employment,
recreation, or other purposes, situated within the city and abutting any
street, alley, or right-of-way in which there is now located or may in the
future be located a public sanitary sewer of the city, is hereby required at
the owner's expense to install suitable toilet facilities therein, and to
connect such facilities directly with the proper public sewer in accordance
with the provisions of this chapter within one year after date of due notice
to do so. (Amended Ord. 32, 11-25-1975; amd. 2003 Code)
D. Discharges Into System: Discharge of wastewater into building sewers
and sanitary sewer system shall be in conformance with the Metropolitan
Waste Control Commission rules and regulations. (Amended Ord. 32,
11-25-1975)
10-2-3: PRIVATE WASTEWATER DISPOSAL SYSTEMS1:
A. Private Systems Permitted: Where a public sanitary sewer is not available
under the provisions of Subsection 10-2-2C of this chapter, the building
sewer shall be connected to a private wastewater disposal system
complying with the Minnesota State Plumbing Code and the provisions of
the city private waste disposal ordinance2.
1 See also chapter 4 of this title and sections 3-3-5, 12-12-4 and 13-4-6H2 of this code.
2 See chapter 4 of this title.
B. Responsibility For Private System: The owner shall operate and
maintain the existing private wastewater disposal facilities in accordance
with the recommendations of the State Department of Public Health at
no expense to the city.
C. Availability Of Public Sewer:
1. Nonconforming Private System: At such time as a public sewer
becomes available to a property served by a nonconforming private
wastewater disposal system, a direct connection shall be made to the
public sewer within thirty (30) days.
2. Conforming Private System: At such time as a public sewer becomes
available to a property served by a conforming private wastewater
disposal system, a direct connection shall be made to the public sewer
within a period of time as determined by Council resolution.
3. Cleaning And Filling Of Private System: Immediately upon hookup to
the public system, any septic tanks, cesspools, or similar private
wastewater disposal facilities may be required, at the discretion of the
Building Official, to be cleaned of sludge, collapsed and backfilled with a
suitable granular material. (Amended Ord. 32, 11-25-1975)
4. Failure To Connect To Public System: If such connection is not made
pursuant to this chapter, the city shall enter into a contract with a licensed
contractor to have the connection made, and the cost shall be assessed to
the property taxes, unless authorized by the City Council to do otherwise.
(Amended Ord. 32, 11-25-1975; amd. 2003 Code)
10-2-4: BUILDING SEWERS AND CONNECTIONS:
A. Permit To Connect1:
1. Permit Required: No unauthorized person shall uncover, make any
connections with or opening into, use, alter, or disturb any public sewer or
appurtenance thereof without first obtaining a written permit from the
Building Official.
2. Classes Of Permits: There shall be two (2) classes of building sewer
permits: a) for residential and commercial services; and b) for service to
establishments producing industrial wastes.
3. Application For Permit: In either case, the owner or his agent shall
make application on a special form furnished by the city. The permit
application shall be supplemented by plans, specifications, or other
1 See also section 3-3-5 of this code.
information considered pertinent in the judgment of the Building Official.
(Amended Ord. 32, 11-25-1975)
4. Fees1: A permit and inspection fee as set forth by ordinance for a
residential or commercial building sewer permit, or fee as set forth by
ordinance for an industrial building sewer permit shall be paid to the city at
the time the application is filed, plus an administrative fee as set forth by
ordinance to cover processing costs.
5. Approval Of Permit: Upon approval of the permit, the city will furnish the
applicant sanitary sewer service stub elevations and location ties.
B. Separate Building Sewers Required: A separate and independent
building sewer shall be provided for every building except where one
building stands at the rear of another, on an interior lot and no private
sewer is available or can be constructed to the rear building through an
adjoining alley, court, yard, or driveway.
C. Construction Specifications:
1. Building sewer pipe and fitting materials and construction shall be in
accordance with the current Minnesota Plumbing Code2. If polyvinyl
chloride (PVC) pipe is used, it shall meet the current requirements of the
American Society for Testing and Materials Designation D3034.73A, SDR-
35 extra heavy wall thickness (minimum wall thickness: 4"-0.125"; 6"-
0.180"; 8"-0.240").
2. The size and slope of the building sewer shall be subject to the
approval of the Building Official, and in no event shall the diameter be less
than four inches (4") and the slope less than one-eighth inch (1/8") per
foot. Any variation shall be subject to the approval of the Building Official.
The service stub and the building drain shall be uncovered and the
differential elevation determined before construction is begun. Where
practicable, the building sewer shall be laid on a uniform grade. It shall be
the responsibility of the service line contractor to investigate the location of
all existing public utility lines including telephone conduits, gas, water and
sewer mains, and power conduits which may be in place at the site of the
operations. The contractor shall utilize the Gopher State One-Call System
before work has begun at those locations. In case the aforementioned
public utilities are broken or damaged in any way by the contractor's
operations, the utility shall be notified immediately and the damage
repaired without delay at no charge to the city. (Amended Ord. 32, 11-25-
1975; amd. 2003 Code)
1 See subsection 1-7-3J of this code.
2 See section 9-1-1 of this code.
3. Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. No building sewer shall be laid
parallel to and within three feet (3') of any bearing wall which might
thereby be weakened. The depth shall be sufficient to afford protection
from frost. The building sewer shall be laid in straight alignment insofar as
possible, and changes in direction shall be made only with properly curved
pipes and fittings. Cleanouts will be required at all ninety-degree (90°)
bends and for every seventy-five feet (75') of service line from the service
stub to the house connection. Cleanouts will not be required at forty-five
degree (45°) bends or less. All ninety degree (90°) bends will be wide
sweep ells.
4. Wherever any building drain is too low to permit gravity flow to the
municipal sewer, sewage carried by such drain shall be lifted by approved
artificial means and discharged into the building sewer.
D. Connections To System: The connection of the building sewer into the
public sewer shall conform to the requirements of the Minnesota Building
and Plumbing Code1, State Water Well Construction Code or other
applicable rules and regulations of the city. The sanitary sewer line, if
constructed of plastic pressure pipe, must be at least fifty feet (50') away
from a private water supply that is greater than fifty feet (50') in depth and
at least one hundred feet (100') away from a private water supply that is
less than fifty feet (50') in depth. The sanitary sewer line, if constructed of
extra heavy cast iron soil pipe, must be at least twenty feet (20') away
from a private water supply regardless of the well depth. Any deviation
from the prescribed procedures and materials must be approved by the
Building Official before installation. If existing sanitary sewer services
cannot be found after diligent search or are not located properly for
providing the needed service, a saddle type connection shall be made,
provided the Building Official or representative approves. Connections of
the saddle type shall be made in a smooth, round hole and machine drilled
into the main sewer pipe. The fittings used in the connection shall be
made in such a manner as to ensure that no protrusion of the fitting into
the main sewer pipe shall result. The connector shall fit perfectly to the
contour of the inside of the sanitary sewer and shall be specifically
designed to fit the particular size main sewer pipe into which the
connection is made. The machine-drilled hole shall be of such size to
provide one-eighth inch (1/8") clearance between the outside of the fitting
and the hole. The space thus provided shall be completely filled with joint
material. The space between the shoulder of the fittings and the face of
the main sewer pipe shall be one-eighth inch (1/8") thick, and this space
shall be completely filled with joint material. The joint material used for this
type house service connection shall be completely waterproof and shall be
capable of withstanding any condition of stress or strain likely to be
1 See section 9-1-1 of this code.
encountered in normal sanitary sewer construction or maintenance.
E. Excavations: All excavations in the city streets and rights-of-way shall be
in accordance with the city street opening ordinance 1. Excavations for
building sewer installation shall be adequately guarded with barricades
and lights so as to protect the public from hazard. Streets, sidewalks,
parkways and other public property disturbed in the course of the work
shall be restored in a satisfactory manner to comply with city ordinances.
(Amended Ord. 32, 11-25-1975)
F. Surface Water Runoff: No person shall make connection of roof
downspouts, foundation drains, areaway drains, or other sources of
surface runoff or ground water to a building sewer or building drain
which in turn is connected directly or indirectly to a public sanitary sewer
unless such connection is approved by the City Engineer for purposes of
disposal of polluted surface drainage.
G. Inspections: The applicant for a sewer permit shall notify the Building
Official when the building sewer is ready for inspection. The inspection of
the installation for the public sewer system to the house shall be made by
the Building Official or representative before backfilling. (Amended Ord.
32, 11-25-1975; amd. 2003 Code)
H. Liability For Costs And Expenses: All costs and expenses incident to the
installation and connection of the building sewer shall be borne by the
owner. The owner or the person installing the building sewer for said
owner shall indemnify the city from any loss or damage that may directly
or indirectly be occasioned by said installation.
I. Responsibility For System:
1. The sewer service from the main in the street to the home shall be the
property of the owner and protected and maintained by him/her. The city
is, however, responsible for:
a. Defects in materials within the portion of the service installed
under city contract that may become apparent within a one-year
period following acceptance and final payment for the construction
by the city.
b. The city is responsible for any faulty construction within that
section of the service installed under city contract.
2. Based upon the information supplied by the property owner or available
to the city, the city will make a determination as to whether a problem
1 See title 8, chapter 2 of this code.
exists in that portion of the service which is the city's responsibility. If the
problem appears to exist in the areas for which the city has no
responsibility, the private owners will be completely responsible for
correction of the problem. (Amended Ord. 32, 11-25-1975)
10-2-5: CONTRACTOR LICENSING REQUIREMENTS 1:
A. Installing, Constructing Sewer Systems:
1. License Required: No person, firm or corporation shall engage in the
business of altering, repairing, installing or constructing sanitary sewer
connections within the city without first obtaining a license to carry on such
occupation from the city.
2. Security:
a. Insurance: The applicant shall file with the City Clerk policies of
public liability and property damage insurance which shall remain in
force and effect during the entire term of said license and which
shall contain a provision that they shall not be canceled without ten
(10) days' written notice to the city. Public liability insurance shall
not be less than one hundred thousand dollars ($100,000.00) for
injuries including accidental death to any one person and subject to
the same limit for each person in an amount of not less than three
hundred thousand dollars ($300,000.00) on account of any one
accident, and property damage insurance in the amount of not less
than fifty thousand dollars ($50,000.00) for each accident and not
less than one hundred thousand dollars ($100,000.00) aggregate.
No work shall be done under this license until said insurance
policies have been filed and approved by the city.
b. Bond: The applicant shall file with the City Clerk for surety a
bond guaranteeing the conformance and compliance of work with
this chapter. Said bond shall be in an amount of two thousand
dollars ($2,000.00). The city shall hold said bond for one year
following the license period. Failure to comply with provisions and
requirements of this chapter shall result in forfeiture of the bond.
3. Filing And Review Of Application: Application for license shall be filed
with the City Clerk and shall be reviewed and subject to the approval of
the city.
4. Revocation Or Refusal To Review License: Any installation,
construction, or alteration of a sanitary sewer connection by a licensee in
violation of any provision of this chapter, or refusal on the part of a
1 See also sections 10-1-7 and 10-4-2, amendment 7080.0700 of this title.
licensee to correct such defective work, shall be cause for revocation of or
refusal to renew a license. Said license may be revoked or refused for
renewal by the city at any time for cause which shall be documented in
writing. (Amended Ord. 32, 11-25-1975)
B. Sewage Pumpers:
1. License Required: No person, firm or corporation designated as sewage
pumpers shall discharge sludge into the designated discharge location
within the city without first obtaining a license from the city to carry on
such occupation.
2. Filing And Review Of Application: Application for license shall be filed
with the City Clerk and shall be reviewed and subject to the approval by
the city.
C. Additional Requirements:
1. Application For License: Applications for such license shall be made
annually on a form provided by the City Clerk.
2. Term Of License: Licenses shall be in effect from January 1 to
December 31.
3. Renewal Of Licenses: All licenses required in this section shall be
renewed annually. (Amended Ord. 32, 11-25-1975; amd. 2003 Code)
D. Hearing On Revocation Or Refusal To Review Licenses: Before any
license issued under the provisions of this section may be revoked or
renewal refused, the licensee shall be given a hearing by the City Council
to show cause why such license should not be revoked or refused. Notice
of the time, place and purpose of such hearing shall be in writing.
(Amended Ord. 32, 11-25-1975)
10-2-6: DISCHARGES INTO PUBLIC SYSTEM:
A. Storm And Surface Water Runoff:
1. No person shall discharge or cause to be discharged any unpolluted
waters such as storm water, ground water, roof runoff, subsurface
drainage, or cooling water to any sewer. Storm water runoff from limited
areas, which may be polluted at times, may be discharged to the sanitary
sewer by permission of the City Engineer.
2. Storm water other than that exempted under Subsection A1 of this
section and all other unpolluted drainage shall be discharged to such
sewers as are specifically designated as storm sewers or to a natural
outlet approved by the City Engineer and other regulatory agencies.
Unpolluted industrial cooling water or process waters may be discharged
to a storm sewer or natural outlet on approval of the City Engineer and
other regulatory agencies.
B. Prohibited Discharges: No person shall discharge or cause to be
discharged any of the following described waters or wastes to any
public sewers:
1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid, or gas.
2. Any waters containing toxic or poisonous solids, liquids, or gases in
sufficient quantity, either singly or by interaction with other wastes, to
injure or interfere with any waste treatment process, constitute a hazard to
humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the wastewater treatment plant.
3. Any waters or wastes having a pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the wastewater works.
4. Solid or viscous substances in quantities or of such size capable of
causing obstruction to the flow in sewers or other interference with the
proper operation of the wastewater facilities such as, but not limited to,
ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, un-ground garbage, whole blood, paunch,
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
C. Discharges Subject To Review:
1. The following described substances, materials, waters, or waste shall
be limited in discharges to municipal systems to concentrations or
quantities which will not harm either the sewers, wastewater treatment
process or equipment, will not have any adverse effect on the receiving
stream, or will not otherwise endanger lives, limbs, public property, or
constitute a nuisance. The City Engineer may set limitations lower than
the limitations established in the regulations below if in his opinion such
more severe limitations are necessary to meet the above objectives. In
forming his opinion as to the acceptability, the City Engineer shall give
consideration to such factors as the quantity of subject waste in relation to
flows and velocities in the sewers, materials of construction of the sewers,
the degree of treatability of the waste in the wastewater treatment plant,
and other pertinent factors. The limitations or restrictions on materials or
characteristics of waste or wastewaters discharged to the sanitary sewer
which shall not be violated without approval of the City Engineer are as
follows: (Amended Ord. 32, 11-25-1975; amd. 2003 Code)
a. Wastewater having a temperature higher than one hundred fifty
degrees Fahrenheit (150°F) (65° Celsius).
b. Wastewater containing more than twenty-five milligrams per liter
(25 mg/l) of petroleum oil, non-biodegradable cutting oils, or
product of mineral oil origin.
c. Wastewater from industrial plants containing floatable oils, fat, or
grease.
d. Any garbage that has not been properly shredded. Garbage
grinders may be connected to sanitary sewers from homes, hotels,
institutions, restaurants, hospitals, catering establishments, or
similar places where garbage originates from the preparation of
food in kitchens for the purpose of consumption on the premises or
when served by caterers.
e. Any waters or wastes containing iron, chromium, copper, zinc,
and similar objectionable or toxic substances to such degree that
any such material received in the composite wastewater at the
wastewater treatment works exceeds the limits established by the
Metropolitan Waste Control Commission for such materials.
f. Any waters or wastes containing odor-producing substances
exceeding limits that may be established by the City Engineer.
g. Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the City
Engineer in compliance with applicable state or federal regulations.
h. Quantities of flow, concentrations, or both which constitute a
"slug" as defined in Section 10-2-1 of this chapter.
i. Waters or wastes containing substances which are not amenable
to treatment only to such degree that the wastewater treatment
plant effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.
j. Any waters or wastes that, by interaction with other waters or
wastes in the public sewer system, release obnoxious gases from
suspended solids that interfere with the collection system or create
a condition deleterious to structures and treatment processes.
2. If any waters or wastes are discharged or are proposed to be
discharged to the public sewers, which waters contain the substances or
possess the characteristics enumerated in Subsection C1 of this section
and which, in the judgment of the City Engineer may have a deleterious
effect upon the wastewater facilities, processes, equipment, or receiving
waters, or which otherwise create a hazard to life or constitute a public
nuisance, the city engineer may:
a. Reject the wastes;
b. Require pretreatment to an acceptable condition for discharge to
the public sewers;
c. Require control over the quantities and rates of discharge; and/or
d. Require payment to cover added cost of handling and treating
the wastes not covered by existing taxes or sewer charges under
the provisions of Chapter 3 of this Title.
3. When considering the above alternatives, the Building Official shall give
consideration to the economic impact of each alternative on the
discharger. If the Building Official permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Building Official.
D. Sludge From Private Systems: Sludge from private sewage disposal
systems can be discharged into the sanitary sewer system at a
designated location established by the County. (Amended Ord. 32,
11-25-1975; amd. 2003 Code)
10-2-7: INTERCEPTORS: Grease, oil, and sand interceptors shall be
provided when, in the opinion of the Building Official, they are necessary for the
proper handling of liquid wastes containing floatable grease in excessive
amounts, as specified in Subsection 10-2-6C1c of this chapter, 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 of a type and capacity approved by the Building Official and shall be located
as to be readily and easily accessible for cleaning and inspection. In the
maintaining of these interceptors, the owner shall be responsible for the proper
removal and disposal by appropriate means of the captured material and shall
maintain records of the dates and means of disposal that are subject to review by
the Building Official. Any removal and hauling of the collected materials not
performed by owner personnel must be performed by waste disposal firms
currently licensed by the city. (Amended Ord. 32, 11-25-1975)
10-2-8: PRETREATMENT OR FLOW EQUALIZING FACILITIES: Where
pretreatment or flow equalizing facilities are provided or required for any waters
or wastes, they shall be maintained continuously in satisfactory and effective
operation by the owner at his expense. (Amended Ord. 32, 11-25-1975)
10-2-9: INDUSTRIAL USERS: When required by the Building Official, the
owner of any property serviced by a building sewer carrying industrial wastes
shall install a suitable structure together with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling, and
measurement of the wastes. Such structure, when required, shall be constructed
in accordance with plans approved by the Building Official. The structure shall be
installed by the owner at his/her expense and shall be maintained by him/her so
as to be safe and accessible at all times. (Amended Ord. 32, 11-25-1975)
10-2-10: INFORMATION REQUIRED: The Building Official may require a
user of sewer services to provide information needed to determine compliance
with this chapter. These requirements may include:
A. Wastewater discharge peak rate and volume over a specified time period.
B. Chemical analyses of wastewaters.
C. Information on raw materials, processes, and products affecting
wastewater volume and quality.
D. Quantity and disposition of specific liquid, sludge, oil, solvent, or other
materials important to sewer use control.
E. A plot plan of sewers of the user's property showing sewer and
pretreatment facility location.
F. Details of wastewater pretreatment facilities.
G. Details of systems to prevent and control the losses of materials through
spills to the municipal sewer. (Amended Ord. 32, 11-25-1975)
10-2-11: MEASUREMENTS, TESTS AND ANALYSES: All measurements,
tests, and analyses of the characteristics of waters and wastes to which
reference is made in this chapter shall be determined in accordance with the
latest edition of "Standard Methods For The Examination Of Water And
Wastewater" published by the American Public Health Association. Sampling
methods, location, times, durations, and frequencies are to be determined on an
individual basis subject to approval by the Building Official. (Amended Ord. 32,
11-25-1975)
10-2-12: SPECIAL AGREEMENTS: No statement contained in this chapter
shall be construed as preventing any special agreement between the city and
any industrial concern whereby an industrial waste of unusual strength or
character may be accepted by the city for treatment. Special agreements or
arrangements and all parts of this chapter shall be in conformance with the
Metropolitan Waste Control Commission rules and regulations. (Amended Ord.
32, 11-25-1975)
10-2-13: POWER AND AUTHORITY OF INSPECTORS: The Building
Official and other duly authorized employees of the city, upon proper
identification, shall be permitted to enter upon all properties for the purpose of
inspections, observation, measurement, sampling and testing in accordance with
the provisions of this chapter. (Amended Ord. 32, 11-25-1975)
10-2-14: VIOLATION; PENALTIES:
A. Notice Of Violation: Any person found to be violating any provision of
this chapter shall be served by the Building Official with written notice
stating the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within the
period of time stated in such notice, permanently cease all violations.
B. Violation; Penalty: Any person who shall continue any violation beyond the
time provided for in the written notice shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished according to prevailing
state laws. Each day in which any such violation shall continue shall be
deemed a separate offense.
C. Liability For Violation: Any person violating any of the provisions of this
chapter shall become liable to the city for any expense, loss or damage
occasioned the city by reason of such violation. (Amended Ord. 32, 11-
25-1975)
CHAPTER 3
SEWER SERVICE CHARGES
SECTION:
10-3-1: Metropolitan Waste Control Commission Service Availability And
Connection Charge
10-3-2: Trunk Sanitary Sewer Connection Charge
10-3-3: Sewer Rental Charges
10-3-4: Industrial User Strength Charge
10-3-5: Violation; Penalties
10-3-1: METROPOLITAN WASTE CONTROL COMMISSION
SERVICE AVAILABILITY AND CONNECTION
CHARGE:
A. Narrative: The Metropolitan Waste Control Commission has determined to
reserve unused capacity in the metropolitan disposal system each year,
commencing in 1973, for local government units in which new buildings to
be connected to the system and new connections to the system are
connected during such year; and to allocate the debt service costs of such
unused capacity for the year among such local government units as
provided in Metropolitan Sewer Board Resolution 72-225 and Metropolitan
Waste Control Commission Resolution 77-193. In order for the city to pay
such costs allocated to it each year, it will be necessary to establish sewer
service availability and connection charges for all buildings to be
constructed or connected to the metropolitan disposal system on or after
January 1, 1973.
B. Charges Established:
1. For the purposes of paying costs of reserve capacity allocated to the
city each year by the Metropolitan Waste Control Commission, there is
hereby established a charge for:
a. The availability of treatment works and interceptors comprising
the metropolitan disposal system; and
b. Connections, direct and indirect, to the metropolitan disposal
system.
2. The charge is imposed on each building or structure in that portion of
the city lying within Metropolitan Waste Control Commission District
Number 2 and each connection to the metropolitan disposal system
directly or through the city's system, construction of which is commenced
on or after January 1, 1973. The charge shall be payable upon the
issuance of a building permit or a connection permit, whichever shall come
first. (Amended Ord. 203, 2-18-1997)
3. The charge for each building or structure shall be equal to the number
of units of sewage volume which it shall discharge multiplied by that
amount as set forth by ordinance per the Metropolitan Waste Control
Commission's directive.
4. A unit of sewage volume shall be one hundred thousand (100,000)
gallons per year and shall be assigned as follows:
a. Single-family houses, townhouses, duplex units, condominiums
and apartments shall each comprise one unit; (Amended Ord. 203,
2-18-1997; amd. 2003 Code)
b. Other buildings and structures shall be assigned one unit for
each one hundred thousand (100,000) gallons of flow or part
thereof that it is estimated they will discharge;
c. Public housing units and housing units subsidized under any
federal program for low and moderate income housing shall be
counted at seventy five percent (75%) of the unit equivalent for that
type of housing;
d. Units existing or for which building permits were issued prior to
January 1, 1973, shall be counted as one-half (1/2) the unit
equivalent for that type of housing, if connected to the metropolitan
disposal system prior to January 1, 1974, and shall be counted at
the full rate thereafter.
e. Senior citizens, those sixty two (62) years of age or older, may
be eligible for a fifty percent (50%) reduction on sewer rates based
on annual income guidelines as determined by the City Council.
(Amended Ord. 203, 2-18-1997)
f. Permanently disabled individuals may be eligible for a fifty
percent (50%) reduction on sewer rates based on the following:
(1) The individual has received an award letter from the
Social Security Administration indicating the individual is one
hundred percent (100%) disabled and entitled to Social
Security benefits for such disability and meets the Andover
annual income guidelines; or
(2) The individual has received an award letter and/or formal
statement from any other pension administration indicating
the individual is one hundred percent (100%) disabled and is
entitled to benefits from the pension administration for such
disability and meets the Andover annual income guidelines.
(Ord. 291, 6-15-2004)
C. Administration Of Provisions: The City Building Official or his/her designee
shall prepare or revise building permit or sewage connection permit
application forms to provide information necessary for the computation of
the number of units assignable to the building or structure in question, and
shall collect the applicable charge before issuance of a permit. The
Building Official shall make such information available to the Metropolitan
Waste Control Commission upon request. If, upon filing a report covering
such permit with the Metropolitan Waste Control Commission, the
commission determines that a greater number of units is assignable to the
building or structure in question, any additional amount of cost allocated to
the city as a result shall be paid by the person or company to whom the
permit was granted. (Amended Ord. 203, 2-18-1997)
D. Payment Of Charge Required:
1. The property owners that have not previously paid a Sewer Availability
Charge (SAC) will pay this charge at the time of application for the building
sewer permit. The SAC charge will be in accordance with the MWCC fee
schedule1.
2. The schedule of equivalent SAC units shall be in accordance with those
adopted by the MWCC as indicated in the list of standard city trunk
connection charge units in Section 10-3-2 of this chapter. (Amended Ord.
32, 11-25-1975)
E. Violation; Penalty: Any person who violates any provision of this section,
with the exception of subsection D, shall be guilty of a misdemeanor and
shall be subject to applicable fines and imprisonment defined by state
law. (Amended Ord. 203, 2-18-1997)
10-3-2: TRUNK SANITARY SEWER CONNECTION CHARGE:
A. For lots vacant as of the effective date of this chapter, there shall be the
following requirement: before a permit is issued allowing a connection to a
sewer line or main in the city, there shall be paid a trunk sanitary sewer
connection charge for each Sewer Availability Charge (SAC) unit charged
1 See subsection 1-7-3J of this code.
to the connection. The connection charge is for the construction,
reconstruction, repair, enlargement, improvement or other obtainment and
the maintenance, operation and use of the sanitary sewer lines or mains,
lift or pumping stations, and other sewerage treatment facilities of the city.
Such charges shall be in addition to any and all connection or service
charges that are required hereunder. (Amended Ord. 32, 11-25-1975)
B. For the purposes of this section, the city trunk sanitary sewer connection
charge unit will be computed as follows:
1. Single-family houses, townhouses, and duplex units shall each
comprise one unit.
2. Condominiums and apartments shall each comprise one unit.
3. Other buildings and structures shall be assigned one unit for each one
hundred thousand (100,000) gallons of flow annually which is estimated
they will discharge; and commercial and industrial structures shall be
assigned a minimum of one unit.
Standard city trunk sanitary sewer connection charge unit for various
commercial facilities shall be computed in accordance with current
Metropolitan Waste Control Commission standards. (Amended Ord. 32,
11-25-1975; amd. 2003 Code)
C. The City Council shall determine which type of facility and parameter
shall apply for each sewer connection requested. The city trunk sewer
connection charge for a facility not included in the above list will be
determined by the City Council. A request for a trunk sewer connection
charge unit determination should be made prior to the issuance of the
building permit.
D. Structures that contain two (2) or more facilities shall be charged a
combined amount equal to the total sewer connection charge for
each facility.
E. The city trunk sewer connection charge unit shall be a whole
number, with fractional portions resulting from calculations
rounded to the nearest whole number.
F. The trunk sewer connection fee shall be as set forth by ordinance1.
(Amended Ord. 32, 11-25-1975; amd. 2003 Code)
1 See subsection 1-7-3J of this code.
10-3-3: SEWER RENTAL CHARGES 1:
A. Rental Charge: All premises located within the corporate limits of the city
served by the city sewer system shall pay a sewer rental fee to the city
as set forth by ordinance, payable quarterly or monthly for each Sewer
Availability Charge (SAC) unit.
B. Schedule Of Charges: The sewer rental fee for residential dwellings with
city water in place shall be based on the following schedule:
1. Residential Use: For each living unit, the sewer use charge shall be as
set forth by ordinance, payable quarterly.
2. Nonresidential Use:
a. Charges for nonresidential sewer use shall be based upon the
number of residential equivalent connections (RECs) computed for
each building or structure receiving municipal sewage service.
Such computations are to be done as follows: building Sewer
Availability Charge units (SAC units) x 100,000 gal. per yr. divided
by 87,000 equals no. RECs. The charge per REC shall be as set
forth by ordinance, payable quarterly. The city may require a
nonresidential building user to provide a water meter, approved by
the Public Utilities Department, that will accurately measure all
water supplied to the premises. In February of each year, the meter
readings shall be reviewed and one REC assigned to each 73,000
gallons of water consumed in the pervious one year period. If the
number of RECs computed by reference to water usage varies from
RECs computed by the above formula, the charges for that
calendar year shall be determined by reference to RECs computed
by water usage. The city may change the per month charges and
the figures used in computing the RECs by resolution.
b. Each nonresidential user shall be charged a minimum of one
REC. Any fraction thereof of REC shall be adjusted to the next
highest one-half (1/2) REC.
C. Payment Of Charges; Late Fee: The sewer rental charge shall be
payable to the city. A penalty of ten percent (10%) shall be added to all
bills not paid by the date affixed for final payment. (Amended Ord. 32, 11-
25-1975; amd. 2003 Code)
1 See subsection 1-7-3J of this code for specific amounts.
D. Assessment Of Unpaid Charges: In the event that a user fails to pay his
sewer rental fee within a reasonable time as determined by the city, said
fee shall be certified by the City Clerk and assessed against the property
connected to the sewer system and forwarded to the County Auditor for
collection. (Amended Ord. 32, 11-25-1975)
10-3-4: INDUSTRIAL USER STRENGTH CHARGE:
A. Purpose And Authority: The Metropolitan Waste Control Commission, a
metropolitan commission organized and existing under the laws of the
state (the "Commission"), in order to receive and retain grants in
compliance with the Federal Water Pollution Control Act amendments of
1972 and regulations thereunder (the "act"), has determined to impose an
industrial user sewer strength charge upon users in 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
the 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. Furthermore, Minnesota Statutes Section 444.075,
subdivision 3, empowers the city to make such sewer 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.
B. Charge Established: For the purpose 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 within
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 person, firm, or corporation
receiving waste treatment services within or served by the city, based
upon strength of industrial waste discharged into the sewer system in
the city (the "strength charge"). (Ord. 224, 7-1-1997)
C. Formula For Determining Charge: For the purpose of computation of the
strength charge established in Subsection B of this section, there is
hereby established, approved and adopted in compliance with the act, the
same strength charge formula designated in Resolution 76-172 and
Resolution 76-173 adopted by the Commission, such formula being based
upon pollution qualities and difficulty of disposal of the sewage produced
through an evaluation 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.
(Ord. 224, 7-1-1997; amd. 2003 Code)
D. Payment Of Charge; Late Payments: It is hereby approved, adopted and
established that the strength charge established in Subsection B of this
section shall be paid by each industrial user receiving waste treatment
services and subject thereto before the twentieth day 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 so 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
two-thirds of one percent (2/3%) per month on the unpaid balance due.
E. Delinquent Charges A Lien: As provided by Minnesota Statutes Section
444.075, Subdivision 3, it is hereby approved, adopted and established
that if payment of the strength charge established in Subsection B of this
section is not paid before the sixtieth day next succeeding the date of
billing thereof to the industrial user by or on behalf of the city, said
delinquent sewer strength charge, plus accrued interest established
pursuant to Subsection D of this section, shall be deemed to be a charge
against the owner, lessee and occupant of the property served, and the
city or its agents shall certify such unpaid delinquent balance to the
County Auditor with taxes against the property served for collection as
other taxes are collected; provided, however, that such certification shall
not preclude the city or its agents from recovery of such delinquent sewer
strength charge and interest thereon under any other available remedy.
(Ord. 224, 7-1-1997)
10-3-5: VIOLATION; PENALTIES:
A. Notice Of Violation: Any person found to be violating any provision of
this chapter, with the exception of Subsections 10-3-1A, B, C and E and
Section 10-3-4, shall be served by the Building Official with written notice
stating the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within the
period of time stated in such notice, permanently cease all violations.
B. Violation; Penalty: Any person who shall continue any violation beyond the
time provided for in the written notice shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished according to prevailing
state laws. Each day in which any such violation shall continue shall be
deemed a separate offense.
C. Liability For Violation: Any person violating any of the provisions of this
chapter shall become liable to the city for any expense, loss or damage
occasioned the city by reason of such violation. (Amended Ord. 32, 11-
25-1975)
CHAPTER 4
INDIVIDUAL SEWAGE TREATMENT SYSTEMS 1
SECTION:
10-4-1: Purpose, Applicability, and Authority
10-4-2: General Provisions
10-4-3: Standards Adopted
10-4-4: Permits
10-4-5: Violations and Penalties
10-4-1: PURPOSE, APPLICABILITY, AND AUTHORITY:
A. Purpose. It is the purpose and intent of this ordinance to establish standards for
the design, location, construction, operation, and maintenance of Subsurface
Sewage Treatment Systems (SSTS).
B. Applicability. This ordinance shall apply to those sites or facilities which are
licensed, permitted, or otherwise regulated by City ordinance. The sewer
provisions of this ordinance shall also apply to any premises in the City that are
not served by a sewage treatment system permitted by the Minnesota Pollution
Control Agency or are located in a city or township which has not adopted a
subsurface sewage treatment system ordinance.
C. Authority. This ordinance is adopted pursuant to the authorization and
requirements contained in Minnesota Statutes §145A.05, 115.55 and Minnesota
Administrative Rules Chapter 7082. (Ord. 221, 5-6-1997; amd. 2003 Code; amd.
1-2-07, Ord. 338; Ord. 432)
10-4-2: GENERAL PROVISIONS:
A. Treatment Required. All sewage generated, in unsewered areas shall be treated
and dispersed by an approved SSTS or a system permitted by the Minnesota
Pollution Control Agency.
1 See also sections 3-3-5, 10-2-3, and 13-4-6H2 of this code.
B. Administrative Policy and Procedures. The provisions of the Andover City
Ordinance, Title 1, apply to the administration and enforcement of this Ordinance,
unless otherwise expressly provided for in this Ordinance.
C. Administration. This Ordinance shall be administered by the Andover City
Building Inspections Department. The term "Department," where used in this
ordinance and the Administrative Procedures Ordinance, shall mean the Andover
City Building Inspections Department.
D. Compliance. No person shall cause or permit the location, construction, alteration,
extension, conversion, operation, or maintenance of a subsurface sewage
treatment system, except in full compliance with the provisions of this ordinance.
E. Conditions. Violation of any condition imposed by the City on a license, permit,
or variance, shall be deemed a violation of this ordinance and subject to the
penalty provisions set forth in this ordinance.
F. Site Evaluation, System Design, Construction, Inspection, and Servicing. Site
evaluation, and system design, construction, inspection and system servicing shall
be performed by Minnesota Pollution Control Agency licensed SSTS businesses
or qualified employees of local governments or persons exempt from licensing in
Minn. R. 7083.0700. For lots platted after April 1, 1996, a design shall evaluate
and locate space for a second soil treatment area.
G. Inspection. No part of an individual sewage treatment system shall be covered
until it has been inspected and approved by the Department. If any part of the
system is covered before being inspected and approved as herein provided, it shall
be uncovered upon the direction of the Department. The Department shall cause
such inspections as are necessary to determine compliance with this ordinance. It
shall be the responsibility of the permittee to notify the Department that the
system is ready for inspection. If the integrity of the system is threatened by
adverse weather if left open and the Department is unable to conduct an
inspection, the permittee may, after receiving permission from the Department
document compliance with the ordinance by photographic means that show said
compliance and submit that evidence to the Department prior to final approval
being sought.
H. Compliance Inspection Required. A SSTS compliance inspection is required:
1. For a new or replacement SSTS.
2. When altering an existing structure to add a bedroom.
3. When a parcel having an existing system undergoes development,
subdivision, or split.
I. Imminent Public Health and Safety Threat; Failing System; and Surface
Discharge.
1. A subsurface sewage treatment system which poses an imminent threat to
public health and safety shall immediately abate the threat according to
instructions by the Department and be brought into compliance with this
ordinance in accordance with a schedule established by the Department,
which schedule will not exceed ten (10) months.
2. A failing system, an SSTS that is not protective of groundwater, shall be
brought into compliance within twenty-four months after receiving notice
from the Department.
3. An SSTS discharging raw or partially treated wastewater to ground
surface or surface water is prohibited unless permitted under the National
Pollution Discharge Elimination System.
J. Conflict Resolution. For SSTS systems regulated under this Ordinance, conflicts
and other technical disputes over new construction, replacement and existing
systems will be managed in accordance with the Andover City Administrative
Procedures Ordinance, Title 1.
K. Septic Tank Maintenance. The owner of a sewage tank, or tanks, shall regularly,
but not less frequently than every three years (unless otherwise approved by the
Department due to limited use), inspect the tank(s) and measure the
accumulations of sludge, and scum. If the system is pumped, measurement is not
needed. The owner shall remove and sanitarily dispose of septage whenever the
top of the sludge layer is less than 12 inches below the bottom of the outlet baffle
or the bottom of the scum layer is less than 3 inches above the bottom of the
outlet baffle. Removal of septage shall include complete removal of scum and
sludge.
L. Non-Complying Systems. Existing systems which are non-complying, but not an
imminent health or safety threat, failing, or discharging to surface, may continue
in use so long as the use is not changed or expanded. If the use changes or is
expanded, the non-complying elements of the existing system must be brought
into compliance.
M. Non-Complying Work. New individual sewage treatment system construction that
is non-compliant, or other work on a system that is non-complying, must be
brought into compliance with this ordinance in accordance with a schedule
established by the Department, which schedule will not exceed seven days unless
the Department finds extenuating circumstances.
N. Change In Use. A Certificate of Compliance may be voided if, subsequent to the
issuance of the certificate, the use of the premises or condition of the system has
changed or been altered.
O. Setback Reduction. Where conditions prevent the construction, alteration, and/or
repair of an individual sewage treatment system on an existing developed parcel
of real property, the Department may reduce property line and building setbacks
and system sizing requirements provided said reduction does not endanger or
unreasonably infringe on adjacent properties and with the concurrence of the
affected properties.
P. Floodplain. An SSTS shall not be located in a floodway or floodplain. Location
within the flood fringe is permitted provided that the design complies with this
ordinance and all of the rules and statutes incorporated by reference.
Q. Class V Injection Wells. All owners of new or replacement SSTS that are
considered to be Class V injection wells, as defined in the Code of Federal
Regulations, title 40, part 144, are required by the Federal Government to submit
SSTS inventory information to the Environmental Protection Agency. (Amd.
1/2/07, Ord. 338; Amd. 1/2/07, Ord. 338; Amd. 1/2/07, Ord. 338; Ord. 221, 5-6-
1997; amd. 2003 Code; Amd. 1/2/07, Ord. 338)
10-4-3 STANDARDS ADOPTED
A. Minnesota Rules Adopted. Minnesota Rules, Chapters 7080 and 7081, that are in
effect on the date of passage of this ordinance, relating to subsurface sewage
treatment systems, are hereby adopted by reference and made a part of this
ordinance as if fully set forth herein.
B. Rules Amended. The rules, adopted in Section 3.01 are amended as follows:
1. Compliance Inspection - 15 Percent Vertical Separation Reduction. MR
7080.1500 Subp. 4D is amended to allow 15 percent reduction of vertical
separation (separation distance no less than 30.6 inches) may be
determined to be compliant for existing systems to account for settling and
variable interpretation of soil characteristics.
C. Holding Tanks. Holding tanks may be allowed for the following applications; as
replacement to a failing existing system, an SSTS that poses an imminent threat
to public health and safety, or for an existing lot in which a SSTS cannot feasibly
be installed and the Department finds extenuating circumstances.
D. System Abandonment. An SSTS, or component thereof, that is no longer intended
to be used must be abandoned in accordance with the adopted standards of this
Ordinance. (Ord. 432, 11/19/13)
10-4-4 PERMITS
A. Permit Required. No person shall cause or allow the location, construction,
alteration, extension, conversion, or modification of any subsurface sewage
treatment system without first obtaining a permit for such work from the
Department. No person shall construct, alter, extend, convert, or modify any
structure which is or will utilize subsurface sewage treatment system without first
obtaining a permit.
1. All work performed on an SSTS shall be done by an appropriately
licensed business, qualified employees or persons exempt from licensing.1
Permit applications shall be submitted by the person doing the individual
subsurface sewage treatment system construction on forms provided by
the Department and accompanied by required site and design data, and
permit fees.
2. Permits shall only be issued to the person doing the individual sewage
treatment system construction.
3. Permit applications for new and replacement SSTS shall include a
management plan for the owner that includes a schedule for septic tank
maintenance.
4. A permit is not required for minor repairs or replacement of damaged or
deteriorated components that do not alter the original function, change the
treatment capacity, change the location of system components or
otherwise change the original system's design, layout, or function.
B. Operating Permit. An operating permit shall be required of all owners of new
holding tanks, Type IV and V systems; MSTS and other SSTS that the
Department has determined requires operational oversight.
1. Application. Application for an operating permit shall be made on a form
provided by the Department.
2. Holding Tanks. The owner of holding tanks installed after the effective
date of this Ordinance shall provide the Department with a copy of a
contract with a licensed sewage maintenance business for monitoring and
removal of holding tank contents. (Ord. 432, 11/19/13)
1 See also sections 10-1-7 and 10-2-5 of this Title
10-4-5 VIOLATIONS AND PENALTIES
A. Misdemeanor. Any person who fails to comply with the provisions of this
ordinance may be charged with a misdemeanor and upon conviction thereof, shall
be punished therefore, as provided by law. A separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
B. Injunctive Relief. In the event of a violation or a threat of violation of this
ordinance, the Department may institute appropriate actions or proceedings to
include injunctive relief to prevent, restrain, correct or abate such violations or
threatened violations; and the City Attorney may institute a civil action.
C. Civil Action. In the event of a violation of this ordinance, the City may institute
appropriate actions or proceedings to include injunctive relief to prevent, restrain,
correct, or abate such violations, or threatened violations, and the City Attorney
may institute such action. (Ord. 432, 11/19/13)
CHAPTER 5
STORM WATER MANAGEMENT
SECTION:
10-5-1: Findings
10-5-2: Storm Water Utility Established
10-5-3: Definitions
10-5-4: Storm Water Drainage Fee
10-5-5: Credits
10-5-6: Exceptions
10-5-7: Payment Of Fee
10-5-8: Recalculation Of Fees
10-5-9: Penalty For Late Payment
10-5-10: Collection Of Delinquent Fees
10-5-1: FINDINGS: The City Council of the City of Andover recognizes that
the control and regulation of storm water drainage is necessary to protect the
environment and the public health, safety and welfare. The Council further
recognizes the state and federal regulations intended to protect the nation's lakes
and waterways will place a significant burden on the city's finances. The Council
therefore finds that it is in the best interest of the city and its citizens for all
contributors to the city's storm water drainage system to pay a proportionate
share of the city's cost in complying with those regulations and maintaining an
effective storm water drainage system. (Ord. 271, 6-17-2003)
10-5-2: STORM WATER UTILITY ESTABLISHED: Pursuant to Minnesota
Statutes Section 444.075 the city's storm water drainage system will be operated
as a public utility from which revenues will be derived subject to the provisions of
this chapter and Minnesota State Statutes. The storm water drainage utility will
be a part of the Engineering Department and under the administration of the City
Engineer. (Ord. 271, 6-17-2003)
10-5-3: DEFINITIONS: For purposes of this chapter, the following
definitions will apply:
RESIDENTIAL EQUIVALENT
FACTOR (Hereafter REF): The ratio of the average volume of runoff
generated by one acre of a given land use to
the average amount of runoff generated by one
acre of "single-family urban" land use during a
standard rainfall event.
STORM WATER
DRAINAGE FEE: The quarterly charge developed for each
parcel of land pursuant to established city
policies and regulations. (Ord. 271, 6-17-2003)
10-5-4: STORM WATER DRAINAGE FEE: A storm water drainage fee for
each parcel of land within each category shall be as follows:
Land Use Category REF
Business, commercial, industrial and public 2.1
Religious Institutions (Amended Ord. 481, 4/3/18) 1.0
Developed parks 0.5
Elementary and middle schools 1.0
High schools 1.0
Manufactured housing 1.2
Multiple housing 1.1
Single-family rural, estate, suburban and farmstead 0.5
Single-family urban 1.0
For the purpose of calculating the storm water drainage fee, all developed
single-family urban parcels will be considered to have an acreage of one-half
(1/2) acre.
The storm water drainage rate will be established from time to time by
fee schedule by resolution of the City Council. (Ord. 271, 6-17-2003)
10-5-5: CREDITS: The City Council may, by resolution, adopt policies
recommended by the City Engineer, for the adjustment of the storm water
drainage fee for certain parcels upon which hydrologic data, supplied by the
owner of the parcel, demonstrates a hydrologic response substantially different
from the adopted standards. Such adjustments of storm water drainage fees will
not be made retroactively. (Ord. 271, 6-17-2003)
10-5-6: EXCEPTIONS: The following land uses are exempt from storm
water drainage fees:
A. Public rights-of-way.
B. Vacant, unimproved land with ground cover.
C. Lakes, wetlands, creeks, rivers, and similar bodies of water. (Ord. 271, 6-
17-2003)
10-5-7: PAYMENT OF FEE: The storm water drainage fee will be
computed quarterly and invoiced through the city's contracted billing service. The
fee will be due and payable with that statement. The property owner will be the
party ultimately responsible for payment of the fee whether or not the owner
occupies the premises. Any prepayment or overpayment of the fee will be
retained by the city and applied against subsequent quarterly fees. (Ord. 271, 6-
17-2003)
10-5-8: RECALCULATION OF FEES: Any property owner or party
responsible for the payment of the storm water drainage fee may, in writing
addressed to the City Engineer, request the city to re-determine or recalculate a
particular invoice for the fee. The city must receive such request within three (3)
months of the mailing of the invoice by the city. (Ord. 271, 6-17-2003)
10-5-9: PENALTY FOR LATE PAYMENT: Each quarterly statement for
the storm water drainage fee which is not paid when due will incur a penalty of
ten percent (10%) of the past due amount. (Ord. 271, 6-17-2003)
10-5-10: COLLECTION OF DELINQUENT FEES:
In the event a user fails to pay his storm water drainage fee within a reasonable
time, said fee shall be certified by the City Clerk and assessed against the
property on which the charges have incurred, and forwarded to the county
auditor for collection. (Ord. 271, 6-17-2003)
CHAPTER 6
CONSTRUCTION SITE EROSION AND WASTE CONTROL
SECTION:
10-6-1: Declaration of Policy
10-6-2: Definitions
10-6-3: Application and SWPPP Requirements for Contractor
10-6-4: Right of Entry Provision
10-6-5: Onsite Activity Requirements
10-6-6: Erosion Control and Site Stabilization
10-6-7: Inspections and Investigations
10-6-8: Sanctions for Compliance
10-6-1: DECLARATION OF POLICY: During the construction process, soil
and debris is highly vulnerable to erosion by wind and water. Eroded soil and
debris endangers water resources by reducing water quality and causing the
siltation of aquatic habitat or fish and other desirable species. Eroded soil and
debris also necessitates cleaning sewers and ditches.
The purpose of this ordinance is to safeguard persons, protect property and
prevent damage to the environment in the City. It is intended to also promote the
public welfare by guiding, regulating and controlling the design, construction, use
and maintenance of any development or other activity that disturbs or breaks the
topsoil or results in the movement of earth on land and generates debris.
The City hereby adopts and incorporates by reference the erosion, sediment, and
waste control standards established by the Minnesota Pollution Control Agency’s
NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW
Permit) as now constituted and from time to time amended. (Amended Ord. 570,
12/17/24)
The information in this ordinance is supplemental to language in other
ordinances, plans, policies, guidelines and contracts included but not limited to
the following:
1. City of Andover Surface Water Management Plan (SWMP);
2. Building Rules and Guidelines; and
3. Development contracts.
4. Storm Water Pollution Prevention Program
5. Engineering Plan Review Checklist (Amended Ord. 570, 12/17/24)
10-6-2: DEFINITIONS:
BEST MANAGEMENT PRACTICES (BMP’S): Technique or series of
techniques, which are proven to be effective in controlling runoff, erosion,
sedimentation and construction debris confinement.
CITY: City of Andover.
CITY ENGINEER: Andover City Engineer or other designated authority charged
with the administration and enforcement of this chapter.
CONSTRUCTION ACTIVITY: Activities including clearing, grading, and
excavating, that result in land disturbance of equal to or greater than one acre,
including the disturbance of less than one acre of total land area that is part of a
larger common plan of development or sale if the larger common plan will
ultimately disturb equal to or greater than one acre. This includes a disturbance to
the land that results in a change in the topography, existing soil cover, both
vegetative and nonvegetative, or the existing soil topography that may result in
accelerated stormwater runoff that may lead to soil erosion and movement of
sediment. Construction activity does not include a disturbance to the land of less
than five acres for the purpose of routine maintenance performed to maintain the
original line and grade, hydraulic capacity, and original purpose of the facility.
Routine maintenance does not include activities such as repairs, replacement
and other types of non-routine maintenance. Pavement rehabilitation that does
not disturb the underlying soils (e.g., mill and overlay projects) is not construction
activity. (Amended Ord. 570, 12/17/24)
CONSTRUCTION DEBRIS: Any waste generated as a result of construction
including but not limited to discarded building materials, concrete truck washout,
chemicals, litter or refuse and sanitary waste.
CONTRACTOR: Any person who’s responsible for abiding by the applicable
requirements set forth in this ordinance.
DNR: Minnesota Department of Natural Resources.
EROSION: The wearing away of the ground surface as a result of the movement
of wind, water, ice and/or land disturbance activities.
EROSION CONTROL: A measure that prevents erosion.
ESTABLISHED YARD: A yard that has permanent ground cover established
suitable for long-term erosion control including but not limited to seed, sod, native
plants, shrubbery, trees, rock or mulch.
GENERAL PERMIT: A permit issued under Minn. R. 7001.0210 to a category of
owners/operators whose operations, emissions, activities, discharges, or facilities
are the same or substantially similar. (Amended Ord. 570, 12/17/24)
GRADING, DRAINAGE AND EROSION CONTROL PLAN: A city and local
watershed approved plan required prior to commencement of any site grading,
which details grading requirements, drainage characteristics and erosion control
methods.
IMPERVIOUS SURFACE: A constructed hard surface that either prevents or
retards the entry of water into the soil and causes water to run off the surface in
greater quantities and at an increased rate of flow than prior to development.
Examples include rooftops, sidewalks, driveways, parking lots, and concrete,
asphalt, or gravel roads. Bridges over surface waters are considered impervious
surfaces. (Amended Ord. 570, 12/17/24)
LOCAL WATERSHED: The local regulating authority for watershed
management; the two servicing Andover include the Coon Creek Watershed
District (CCWD) and Lower Rum River Watershed Management Organization
(LRRWMO) respectively.
MPCA: Minnesota Pollution Control Agency.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or
system of conveyances including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, man-made channels, or storm drains:
a) owned or operated by a state, city, town, county, district,
association, or other public body, created by or pursuant to
state law, having jurisdiction over disposal of sewage,
industrial wastes, stormwater, or other wastes, including
special districts under state law such as a sewer district,
flood control district, or drainage district or similar entity, or
an Indian tribe or an authorized Indian tribe organization, or
a designated and approved management Agency under
section 208 of the federal Clean Water Act, United States
Code, title 33, section 1288, that discharges into waters of
the state;
b) designed or used for collecting or conveying stormwater;
c) that is not a combined sewer; and
d) that is not part of a publicly owned treatment works as defined
in 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):
The program for issuing, modifying, revoking, reissuing, terminating,
monitoring, and enforcing permits under the Clean Water Act, as amended
(33 U.S.C. 1251 et seq. Section 1342 and 40 CFR parts 122, 123, 124 and
450). (Amended Ord. 570, 12/17/24)
PERSON: Any individual, firm, company, association, society, corporation or
group.
PUBLIC WATERS: All water basins and watercourses described in Minn. Stat.
Sect. 103G.005 subp.15. (Amended Ord. 570, 12/17/24)
ROUGH GRADE: The stage at which the grade approximately conforms to the
approved plan.
SITE: Any real property upon which improvements are to be made.
SITE GRADING: Excavation or fill of material, including the resulting conditions
thereof.
STORM DRAIN/STORM SEWER: A drain or sewer for conveying storm water
runoff, ground water, subsurface water or unpolluted water from any source.
STORMWATER: Precipitation runoff, stormwater runoff, snowmelt runoff and any
other surface runoff and drainage. (Amended Ord. 570, 12/17/24)
SWPPP: Storm Water Pollution Prevention Program (Amended Ord. 570,
12/17/24)
STRUCTURAL STORMWATER BMP: A stationary and permanent BMP that is
designed, constructed and operated to prevent or reduce the discharge of
pollutants in stormwater. (Amended Ord. 570, 12/17/24)
SUSPENDED SOLIDS: Total suspended matter that either floats on the surface
of, or is in suspension in water and/or other liquids.
10-6-3: APPLICATION AND SWPPP REQUIREMENTS FOR
CONTRACTOR: It is the responsibility of the Contractor to obtain all the
necessary permits from the MPCA and abide by all the requirements set forth in
the General Stormwater Permit for Construction Activity (Permit Number: MN R
100001).
10-6-4: RIGHT OF ENTRY PROVISION:
Every licensee shall allow any peace officer, health officer, or properly
designated officer or employee of the City to enter, inspect, and search the
grounds of the licensee at reasonable hours without a warrant.
10-6-5: ONSITE ACTIVITY REQUIREMENTS:
Debris Storage: All construction debris shall be kept in an enclosed building or
properly contained. (Amended Ord. 570, 12/17/24)
Waste Disposal: It shall be the responsibility of the Contractor to dispose of all
construction debris in a manner approved by the City.
Construction Entrance Criteria: The Contractor shall take all the necessary
measures to prevent sediment from entering the City streets during the
construction process. (Amended Ord. 570, 12/17/24)
Site Dewatering: Water pumped from the site shall be treated prior to entering a
wetland, lake, river or stream to meet requirements set forth by DNR, MPCA and
local watershed rules and regulations.
10-6-6: EROSION CONTROL AND SITE STABILIZATION:
Erosion Control Placement Requirements: Silt fence or another approved
erosion control method shall be installed on individual lots to protect the following
(Amended Ord. 570, 12/17/24):
1. Wetlands;
2. Sedimentation ponds, basins or drainage swales;
3. Established yards;
4. Valuable pieces of natural lands; and
5. Special circumstances determined by the City Engineer or designee.
Silt Fence Installation Procedures: Silt fence shall be installed to meet the City
of Andover standard details per Standard Drawing No. 601.
Site Erosion Control Timelines for Compliance: Erosion control shall be
installed in all the locations of the site per the Grading, Drainage and Erosion
Control Plan. No grading shall take place until verbal authorization is given by
the City Engineer or designee. (Amended Ord. 570, 12/17/24)
Erosion control shall be installed in the locations as prescribed in section 6.1 of
this chapter prior to the release of a building permit to the builder for each
individual lot. No permit shall be issued until the City Engineer or designee signs
the Building Permit Application. (Amended Ord. 570, 12/17/24)
Temporary Site Stabilization: Sites that are to be left with barren soils exposed
for more than one week following the completion of rough grading due to weather
conditions, time of season, construction phase or other reason shall be
temporarily stabilized by establishing adequate ground cover with City or
watershed approved measures, which may include but is not limited to one or
more of the following (Amended Ord. 570, 12/17/24):
1. Straw fiber blanket;
2. Mulch;
3. Hay;
4. Seed or sod; or
5. Tarping
6. Hydro-mulch
10-6-7: INSPECTIONS AND INVESTIGATIONS:
The City shall do periodic inspections to ensure that proper erosion control and
construction debris containment measures are met.
10-6-8: SANCTIONS FOR COMPLIANCE:
Violations Declared: A case where a BMP has failed, was removed, was not
properly installed, was not installed or was not managed properly, which
increases the potential for pollutants to waters of the state includes but is not
limited to the following:
1. Erosion control failure or improper installation;
2. Non-storm water discharges on impervious surfaces;
3. Garbage, refuse, construction debris; and
4. The presence of barren soils for an extended period of time.
Corrective Measures: The following are corrective measures that shall be
taken, as directed by the City:
1. Repairing and/or adding erosion control;
2. Removing pollutants from impervious surfaces including streets and
gutters not limited to sand or other sediment, brush, garbage, refuse,
construction debris, oils and concrete washout by an effective means;
3. Picking up garbage, refuse or construction debris in and amongst the
grounds of the development and/or adjacent properties; and
4. Stabilizing the site by furnishing adequate ground cover to lessen wind
and water erosion.
Procedure for Correction: Upon the determination of a violation, a deadline for
correction shall be given with notification of penalties for failing to comply.
The Contractor shall be notified orally and/or in writing, and will be given a
reasonable timeframe for correcting the violation. (Amended Ord. 570, 12/17/24)
Penalties for Non-compliance: Failure to meet the deadline will result in one or
more of the following penalties:
1. The City performing the necessary work or contracting for the completion
of the work and billing the contractor/property owner for said services
and/or using escrow funds (Amended Ord. 570, 12/17/24);
2. Discontinuing the issuance of any permits or Certificate of Occupancies
(CO’s) in the development or for the individual lot;
3. Stop work orders; and
4. Discontinuing scheduled inspections.
Violation; Misdemeanor: Any person who is found to violate any section of this
Ordinance shall be charged with a misdemeanor and, upon conviction thereof,
shall be subject to a misdemeanor penalty as then defined by Minnesota law.
Additionally, the City may exercise any civil remedy available under Minnesota
law for the enforcement of this Ordinance including civil action, mandamus,
injunctive relief, declaratory action, or the levying of assessments. (Ord. 346 / 6-
19-07)
CHAPTER 7
ILLICIT DISCHARGE DETECTION AND ENFORCEMENT
SECTION:
10-7-1: Purpose/Intent
10-7-2: Definitions
10-7-3: Applicability
10-7-4: Responsibility For Administration
10-7-5: Severability
10-7-6: Discharge Prohibitions
10-7-7: Industrial or Construction Activity Discharges
10-7-8 Salt Storage and Handling
10-7-9: Right of Entry
10-7-10: Recordkeeping Procedures
10-7-11: Violations Deemed a Public Nuisance
10-7-12: Appeal Of Notice Of Violation
10-7-13: Injuctive Relief
10-7-14: Compensatory Action
10-7-15: Penalties
10-7-16: Remedies Not Exclusive
10-7-1: PURPOSE/INTENT: The purpose of this chapter is to provide for the
health, safety, and general welfare of the citizens of the City through the
regulation of non-storm water discharges to the Municipal Separate Storm Sewer
System (MS4), as required by federal and state law, and to establish inspection
and monitoring procedures for this purpose.
The information in this ordinance is supplemental to language in other
ordinances, plans, policies, guidelines and contracts included but not limited to
the following:
1. City of Andover Surface Water Management Plan (SWMP)
2. Building Rules and Guidelines
3. Development contracts.
4. Storm Water Pollution Prevention Program
5. Engineering Plan Review Checklist
10-7-2: DEFINITIONS:
BEST MANAGEMENT PRACTICES (BMP’S): Management practices or
techniques to prevent or reduce the discharge of pollutants to the MS4.
CLEAN WATER ACT: The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments.
CONSTRUCTION ACTIVITY: Activities subject to NPDES Construction Permits.
FACILITY: A commercial, industrial or institutional building.
ILLICIT DISCHARGE: Any non-storm water discharge to the MS4 that will
contribute to pollution. Exceptions include water line flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated ground
water infiltration, uncontaminated pumped ground water, discharges from potable
water sources, foundation drains, air conditioning condensation, springs, water
from crawl space pumps, footing drains, individual residential car washing, flows
from riparian habitats and wetlands, dechlorinated swimming pool discharges,
street wash water and discharges from fire fighting activities.
INDUSTRIAL ACTIVITY: Activities subject to NPDES Industrial Permits as
defined in 40 CFR, Section 122.26 (b)(14).
MS4: Municipal Separate Storm Sewer System.
MUNICIPAL SEPARATE STORM SEWER SYSTEM: A conveyance or system of
conveyances, owned or operated by the City, which discharges to a water of the
state and is designed or used for collecting or conveying storm water and which
is not a combined sewer.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORM WATER DISCHARGE PERMIT: A permit issued by EPA (or by a State
under authority delegated pursuant to 33 USC § 1342(b)).
PREMISES: A building, lot, parcel of land, or portion of land.
10-7-3: APPLICABILITY: This chapter shall apply to all water entering the MS4
unless explicitly exempted by the City.
10-7-4: RESPONSIBILITY FOR ADMINISTRATION: The City, or its designee,
shall administer, implement, and enforce the provisions of this chapter.
A. Inspections and Investigations: The City may perform inspections to
ensure compliance with this chapter.
10-7-5: SEVERABILITY: The provisions of this chapter are hereby declared to
be severable.
10-7-6: DISCHARGE PROHIBITIONS:
A. Prohibition of Illicit Discharges: No person shall discharge or cause to be
discharged into the MS4 any illicit discharges.
B. Exemptions: The commencement, conduct or continuance of any illicit
discharge to the MS4 is prohibited, except the following exemptions:
1. Any water source not containing pollutants.
2. Discharges specified in writing by the City as being necessary to
protect public health and safety.
10-7-7: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES: Any
person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the City
prior to the allowing of discharges to the MS4.
10-7-8: SALT STORAGE AND HANDLING: For all commercial, institutional and
industrial properties, there shall be proper salt storage and handling procedures in place.
This includes having designated salt storage areas to be properly covered or indoors.
The designated salt storage area shall be on an impervious surface. Also, there shall be
practices in place to reduce exposure when transferring the material. This includes but is
not limited to sweeping, diversions, securing and/or containment to prevent salt product
from going off site and into waters of the state or groundwater on or off site. (Amended
Ord. 570, 12/17/24)
10-7-9: RIGHT OF ENTRY: The City shall be permitted to enter and inspect
commercial, industrial or institutional facilities subject to regulation to determine
compliance with this chapter.
10-7-10: RECORDKEEPING PROCEDURES: The City shall keep adequate
records of all correspondence related to the contents of this chapter for no less
than six (6) years.
10-7-11: VIOLATIONS DEEMED A PUBLIC NUISANCE: Any condition caused
or permitted to exist in violation of this chapter is declared and deemed a
nuisance which may be summarily abated or restored at the violator's expense,
as set forth in City Code 4-1-4, and/or for which a civil action to abate, enjoin, or
otherwise compel the cessation of such nuisance may be taken.
10-7-12: APPEAL OF NOTICE OF VIOLATION: Any person receiving a Notice
of Violation may appeal the determination of the City. The notice of appeal must
be received within fourteen (14) days from the date of the Notice of Violation.
Hearing on the appeal before the City Council shall take place within fifteen (15)
days from the date of receipt of the notice of appeal.
10-7-13: INJUNCTIVE RELIEF: If a person has violated or continues to violate
the provisions of this chapter, the City may petition for a preliminary or
permanent injunction restraining the person from activities which would create
further violations or compel the person to perform abatement or remediation of
the violation.
10-7-14: COMPENSATORY ACTION: In lieu of enforcement proceedings,
penalties, and remedies authorized by this chapter, the City may impose
alternative compensatory actions.
10-7-15: PENALTIES:
A. Financial Penalty: Upon the first abatement of a nuisance, the property
may be subject to the costs outlined in Section 10-7-10. An additional
financial penalty may be imposed on properties upon a second violation.
The cost would be based on the specific event. Each successive violation
abated thereafter may be subject to a cumulative penalty per occurrence.
B. Misdemeanor Penalty: Any person violating a provision of this chapter
shall be guilty of a misdemeanor as defined by state law and subject to the
penalties therefore. Each day in which such violation continues shall
constitute a separate offense.
10-7-16: REMEDIES NOT EXCLUSIVE: The remedies listed in this chapter are
not exclusive of any other remedies available under any applicable federal, state
or local law and it is within the discretion of the City of Andover to seek
cumulative remedies. (Ordinance 401, 12-21-10)