ORD 08-02ORDINANCE NO.: 2008-02
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AUTHORIZING AND REGULATING SANITARY SEWER USE AND
OPERATIONS WITHIN THE CITY OF OTSEGO, MINNESOTA AND AMENDING
CHAPTER 6, PUBLIC UTILITIES, PROPERTY IMPROVEMENTS, AND WAYS,
SECTION 3 SEWER USE OF THE OTSEGO CITY CODE
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 6; Section 1 of the Otsego City Code is hereby amended to
include the following provisions:
6-1-5: WATER ACCESS CHARGE (WAC): The City Council has determined
that in order to pay for the cost of construction, reconstruction, repair, enlargement,
improvement, maintenance, operation, and use of the City water system; the cost of
State and Federal regulations; and the principal and interest to become due on
obligations issued or to be issued, it is necessary to impose just and equitable charges
for the use and availability of the municipal water system pursuant to Minnesota
Statutes, Section 444.075, Subdivision 3.
A. From and after hookup of any premises to the City water system, the owner or
owners of said premises shall pay for such water services and usage at rates
fixed by resolution of the City Council, and any rates so established may be
amended at any time by duly adopted resolution of the City Council.
B. The connection charge imposed by the City for hookup of premises to the
municipal water system shall be set by a duly adopted resolution of the City
Council.
C. Residential Equivalent Connections (REC) will be established for non-residential
users. The number of RECs per use will be as per the current version of the
Metropolitan Council Environmental Services Procedures Manual.
D. No person shall connect to the City water system without also connecting to the
City sanitary sewer system, except by resolution of the City Council._
6-1-6: SEWER ACCESS CHARGE (SAC): All connections to the municipal
sewage treatment system shall be in conformity with the following regulations, except
that the City may, by resolution, waive the same upon showing of special conditions
justifying such waiver:
A. Every premises served by the municipal sewage system shall have a separate
connection.
B. The connection charge imposed by the City for hookup of premises to the
municipal sewage collection system shall be set by a duly adopted resolution of
the City Council
C. Residential equivalent connections (RECs) will be established for non-residential
users. The number of RECs per use will be as per the current version of the
Metropolitan Council Environmental Services Procedures Manual. Any charges
so established may be amended at any time by a duly adopted resolution of the
City Council.
D. No person shall connect to the City sewer system without also connecting to the
City water system, except by resolution of the City Council.
6-1-7: WATER EMERGENCY: To protect the health and safety of the
consumers, as well as the general welfare, the Public Utilities Director, City
Administrator or their designee may impose emergency regulations pertaining to City
water use.
A. During an emergency, restrictions for the use of City water may include, but are
not limited to, the total prohibition of watering, sprinkling, or irrigation of lawn,
grass, turf, or plantings.
B. Restrictions imposed during an emergency shall continue in effect until the end
of the emergency and/or removed by the City Administrator or their designee.
C. Notification of restrictions to City water use may be given by publication or by
posting in the City Hall and at such public places as the council may direct.
D. Penalties:
Failure to comply with restrictions or prohibitions imposed under this
Section 6-1-7 shall result in a surcharge for water service for each
violation in an amount established by Section 2-4-2.J of the City Code,
which will be added to the water bill for the property on which such
violation occurs.
2. Violators will be notified prior to the imposition of a surcharge. An initial
notice of violation will be given to the violator. Subsequent violations in the
same calendar year will result in the imposition of a surcharge. Notices of
surcharge for violations occurring after receipt of the initial notice shall be
mailed to the property owner. The City shall presume receipt of the notice
of surcharge three (3) days after mailing.
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6-1-8: WATER USE CONSERVATION: To conserve water resources and
allow the City's water system flexibility in meeting peak demands, certain limitations on
the use of the City's water supply are encouraged:
A. An odd -even sprinkling restriction based on street addresses is in effect from
May 1 to September 30 each year; Property owners with odd numbered
addresses may water on odd calendar days and property owners with even
numbered addresses may water on even calendar days.
B. Homeowners' associations and apartment complexes that provide a common
irrigation system shall water only every other day.
C. City water shall not be used for the purposes of irrigating or watering lawns, sod,
or seeded areas between eleven o'clock (11:00) A.M. and five o'clock (5:00)
P.M. daily.
D. Sections 6-1-8.A to C of this Section do not apply in the following situations:
1. Limited hand watering of plants using a hose or hand held watering
container.
2. Watering of new landscaping, sod, or seed within thirty (30) days of
installation.
3. Watering from a source other than the city's water supply if the water user
has registered the alternative source with Wright County and the
alternative source is properly permitted by the state of Minnesota. Under
this exemption, the City may inspect the property to ensure compliance.
Section 2. Section 6-2-6 of the Otsego City Code is hereby amended to
include the following provisions:
G. Whenever any premises are connected to the city water system, there shall be
maintained a complete physical separation between the city water supply system
and any private water supply system so that it is impossible to intentionally or
unintentionally allow any water produced by a private system to be introduced in
the supply line of the city system.
H. Lawn sprinkler and irrigation systems.
1. All lawn sprinkler systems and irrigation systems connected to the municipal
water system, whether such systems are aboveground or underground, shall
require a permit for connection and shall be installed in accordance with the
provisions of this Section and Section 4-1-2 of the City Code.
2. All lawn sprinkler systems and irrigation systems which are automatic or are
equipped to operate automatically and which are connected to the municipal
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water system shall be equipped with a rain -detection device so as to prevent
the system from operating during times of precipitation.
Section 3. Section 6-2-10 of the Otsego City Code is hereby amended to
read as follows:
6-2-10: FIRE HYDRANTS:
A. No person, except a person authorized by the City, shall be allowed to use any
fire hydrant in the City for any purpose whatsoever without first securing a permit
from the City. Payment for the water used, except for firefighting, shall be made
in accordance with the rate schedule duly adopted by the City Council.
B. The owner and/or occupant of any property adjacent to a fire hydrant shall be
responsible for the fire hydrant being visible and accessible from the public street
including, but not limited to, removal of landscaping, grass, weeds, snow, ice
and/or rubbish.
Section 4. Chapter 6, Section 3 of the Otsego City Code is hereby amended
to read as follows:
SECTION 3
SANITARY SEWER USE AND OPERATIONS
Section:
6-3-1
Purpose
6-3-2
Scope
6-3-3
Definitions
6-3-4
Permit and Permit Fee
6-3-5
Connection Requirements
6-3-6
Abatement of Violations
6-3-7
Prohibited Discharges
6-3-8
Pretreatment
6-3-9
Monitoring Facilities
6-3-10
Reporting Requirements
6-3-11
Private Sewage Disposal System Required
6-3-12
Special Agreements Permitted
6-3-13
Penalty
6-3-14
Severability
6-3-1: PURPOSE:The purpose of this Section is to provide for the optimum
public use of the City's wastewater collection and treatment facilities through the
regulation of sewer construction, sewer use and industrial wastewater discharges; to
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provide for the distribution of the City's costs for ownership, operation and maintenance
of the wastewater collection and treatment facilities necessary for protection of public
health and environment; and to meet the applicable regulatory requirements that may
be imposed on the City now or in the future.
6-3-2: SCOPE:
A. This Section shall be interpreted in accordance with the definitions set forth in
Section 6-3-3 of the City Code.
B. The provisions of this Section shall apply to direct and/or indirect wastewater
discharge to the City's facilities. This Section provides for regulation of sewer
construction that will contribute to the City's facilities, quantity and quality of
wastewater discharges, industrial wastewater pretreatment requirements,
establishment of fees for the distribution of costs for ownership, operation and
maintenance of the collection and treatment facilities, the approval of plans
and/or specifications for sewer construction, issuance of permits for industrial
wastewater discharge, miscellaneous permits, and establishment of appropriate
enforcement actions for violations of this Section.
6-3-3: DEFINITIONS:
A. For use in this Section, the following terms are defined:
Act or The Act: Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. 1251 et seq.
Authorized Representative: The individual designated by the City Council with
authority to act on the City's behalf in regard to a specific issue.
Average Daily Flow: The volume of flow compiled over a given period of time
and converted to a daily average by dividing the total flow by the number of days
represented in the time period for which data has been compiled. Where
individual day's flow readings are recorded, the average will be based on the
number of days for which flows are recorded and not necessarily the total
number of days in the time period. For computing average daily flow for
industrial users, only production days shall be included in the computation.
Weekends and/or holidays, shutdowns, etc., shall not generally be considered by
the City in computing the Average Daily Flow.
Average Daily Loading: The measure of a particular constituent generally BOD,
TSS and/or TKN compiled over a period of time and converted to a daily average
by dividing the cumulative concentration and/or volume of the constituent by the
number of days represented in the time period for which data has been
compiled. Where individual day's loadings are recorded, the average shall be
based on the number of days for which loadings are recorded and not
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necessarily the total number of days in the time period. For computing average
daily loadings for industrial users, only production days shall be included in the
computation. Weekends and/or holidays, shutdowns, etc., shall not generally be
considered by the City in computing the Average Daily Loading.
Basic Wastewater Charge: The monthly charge based on volume of flow by a
contributor which is intended to recover the cost of operation and maintenance of
the City's share of POTWs and associated programs.
Billable Flow: The volume of wastewater generated by a user as measured by
a water meter or other approved metering system.
Biosolids/Sludge: The solids, semi-solids, residues and/or precipitates that
result from the treatment of wastewater.
Bypass: The diversion of wastewater from or around any portion of the
collection system and/or treatment facility.
Categorical Pretreament Standards: The national pollutant discharge limits
promulgated by EPA in accordance with Section 307(b) and (c) of the Clean
Water Act, which apply to specific categories of industrial users (40 CFR 403.6
and 405-471). Unless noted otherwise. Categorical Pretreatment Standards
shall always refer to the latest approved limits.
CBOD (Carbonaceous Biochemical Oxygen Demand): That portion of the
BOD attributable to the biochemical oxidation of the carbonaceous organic
matter. This is determined through standard laboratory analyses using a
nitrification inhibitor in performing the BOD test, and generally expressed in mg/I.
City Engineer: The City Engineer of the City and is an individual/company
designated by the City Council with the authority to act on the City's behalf in
specific issue(s).
COD (Chemical Oxygen Demand): The quantity of oxygen used in the
chemical decomposition of organic matter in wastewater as determined by the
appropriate laboratory procedure, usually expressed in mg/I.
Combined Sewer: A sewer that receives both sanitary sewage and storm
sewage.
Composite Sample: The sample resulting from the combination of individual
wastewater samples taken at selected intervals based on an increment of either
flow or time.
Contributor/Discharger/or User: Any person, firm,
or organization responsible for the production of
industrial wastewater which is discharged to the
treatment system.
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corporation or other entity
domestic, commercial or
wastewater collection and
Cross Connection: A connection between a storm drain system and a sanitary
collection system, and/or a connection between two sections of a collection
system to handle anticipated overloads of one system.
Current License: One which is current, valid, unsuspended and urevoked.
Debt Service: The funds necessary to recover annual principal and interest
payments for bonds issued for the wastewater system.
Demand Charge: The charge which recovers debt service costs associated
with the wastewater treatment system.
Director: The individual or company appointed by the City Council as the Public
Utilities Director of the City of Otsego with the authority to act on the City's behalf
in specific issue(s).
Domestic User: The discharge of wastewater originating in a residential facility
or dwelling. In this use, it means the type and quantity of wastes are different
from commercial and industrial or agricultural wastes.
Domestic Wastewater: Household type wastes discharged from places of
human habitation, including sanitary convenience, kitchen and laundry waste.
Domestic strength wastewater is accepted as having the following strengths, or
less:
BOD - 300 mg/I TSS - 350 mg/I
TKN- 30 mg/I NH3-N - 15 mg/I
FOG - 100 mg/I
Effluent: Discharge from a particular facility, unit, treatment process or system.
Effluent Limits/Effluent Standards: The numerical limits on pollutants in
effluents generally reported in mg/I or lbs./day.
Foundation Drain or Footing Drain: The piping system around the foundation
of a structure or building which is intended to carry groundwater away from the
structure to relieve hydraulic pressure and help keep the structure walls dry.
This may also refer to the sump pump used in the footing drain system, where
applicable.
Grab Sample: A single sample which is taken from a waste stream without
regard to the flow in the waste stream and without consideration of time.
Gravity Sewer: A sewer that flows by the force of gravity, and generally
operates hydraulically as an open channel.
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Gravity Separation Interceptor: A facility designed for removal of dangerous,
deleterious or prohibited matter from the waste stream by differential gravity
separation (i.e., grease traps and/or catch basins).
Hazardous Waste: Waste defined as hazardous by 40 CFR part 261.
House Service Connection/Building Sewer: The sewer connection from the
house/building plumbing system to a lateral or branch sewer. The building sewer
may begin at the outside of the building's foundation wall. Also called a house
connection or service connection.
Industrial User: Source of discharge of wastewater into a POTW from any
source other than a domestic user.
Industrial Wastewater: Wastewater and water -borne wastes of the community,
excluding domestic wastewater and uncontaminated water and includes all
wastewater from any production, manufacturing, processing, institutional,
commercial, agricultural or other operation where the wastes discharged include
significant quantities of wastes from non-domestic sources.
Inspector: An authorized representative of the Public Utilities Department,
Public Works Department, Building Inspection Department, City Engineer or
other individual authorized by the Otsego City Council.
Interceptor Sewer: A public sewer which generally collects wastewater from
lateral sewers and transports it to another interceptor, pumping station or
treatment facilities.
Interference: means a discharge, alone or in conjunction with discharges from
other sources, which:
A. Inhibits or disrupts a POTW, its treatment process or operations, or its
sludge process, use or disposal; and/or
B. Causes a violation of any requirement of the PTOW's NPDES permit
(including an increase in magnitude of duration of a violation) or prevents
sewage sludge use or disposal in accordance with Section 405 of the Act,
or any criteria, guidelines or regulations of EPA or MPGA.
Jurisdictional Limits: The area within the corporate limits of the City and all of
the territory outside the corporate limits of the city which is within one (1) mile of
the corporate limits but exclusive of that part of such territory which lies within the
corporate limits of another city, town or village.
Lateral Sewer Sewer: A public sewer which generally collects wastewater from
house sewers and /or industrial sewers and transports it to an interceptor sewer.
Local Government: The Mayor and Council of the City.
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Milligram Per Liter (mg/1): The measure of concentration of a substance in a
liquid generally accepted to equal parts per million.
New Source: (as defined in 40 CFR 403.3 (k)):
A. Any building, structure, facility, or installation from which there is (or may
be) a discharge of pollutants, the construction of which commenced after
the publication of proposed pretreatment standards under Section 307(c)
of the Act which will be applicable to such source if such standards are
thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility, or installation is constructed at a
site at which no other source is located; or
2. The building, structure, facility, or installation totally replaces the
process of production equipment that causes the discharge of
pollutants at an existing source; or
3. The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the
new facility is integrated with the existing plant, and the extent to
which the new facility is engaged in the same general type of
activity as the existing source, should be considered.
B. Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a
new building, structure, facility, or installation meeting the criteria of
subsection A (2) or (3) above but otherwise alters, replaces, or adds to
existing process or production equipment.
C. Construction of a new source as defined under this section has
commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous on site
construction program, any placement, assembly, or installation of
facilities or equipment; or significant site preparation work
including clearing, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the placement,
assembly, or installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of
facilities or equipment that is intended to be used in its operation
within a reasonable time. Options to purchase or contracts that
can be terminated or modified without substantial loss, and
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contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
NPDES Permit (National Pollutant Discharge Elimination System Permit): A
permit issued pursuant to Section 402 of the Act.
Pass Through: A discharge which exits a POTW into a water of the state in
quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any of the
requirements of a POTW's NPDES permit (including an increase in the
magnitude or duration of a violation) or other permit issued to the POTW by the
MPCA or USEPA.
pH: means the negative logarithm of the hydrogen ion activity. It generally
refers to a measure of the acidity of a solution; pH 7 is neutral, pH>7 is alkaline
and pH<7 is acidic. ..
Pretreatment: The reduction of pollutants or conditioning of the waste stream to
enhance treatability prior to discharge to a POTW for treatment.
Public Sewer: means a sewer constructed for public use under the control of
the City.
Publicly Owned Treatment Works (POTW): The system of public sewers,
pumping facilities and treatment facilities used to collect, convey and treat
wastewater and manage wastewater sludges which is owned, managed and
regulated by the City or its authorized representative.
POTW Treatment Plant: The treatment works portion of a POTW.
Rendering establishment: Any establishment, plant, or premises at or within
which dead animals, dead fowls, fish, inedible offal, meat scraps, bones, suet,
feathers, unrendered animal fat, waste cooking greases, and similar animal
matter, or the transportation of such matter to and from disposal at a rendering
establishment, either as a separate business or in connection with any other
established business.
Sanitary Sewer: A sewer which is intended to transport wastewater and to
which storm sewage, surface water and groundwater are not intentionally
connected.
Sewer System: A network of wastewater collection, conveyance, pumping,
treatment and disposal facilities connected with sewers and owned and
controlled by the City.
Significant Industrial User: An industrial user meeting any of the following
criteria:
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A. Discharges more than 25,000 gallons per day of process wastewater
B. Discharges a process wastewater which makes up 5 percent or more of
the hydraulic or organic capacity of a POTW.
C. Is designated as significant by the Director, because the discharge may
adversely affect the operation of a POTW or for violating any pretreatment
requirement.
D. Any industrial user subject to Categorical Pretreatment Standards.
Significant Noncompliance:
A. Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent or more of wastewater measurements taken during
a six month period exceed, by any amount, the daily maximum limit or
average limit for the same pollutant parameter;
B. Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent or more of wastewater measurements taken for each
pollutant parameter during a six month period equals or exceeds the
product of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, Oil and Grease, and 1.2 for all other
pollutants except pH);
C. Any other discharge violation the Director believes has caused, alone or in
combination with other discharges, interference or pass through, including
endangering the health of any POTW's personnel or the general public;
D. Any discharge of pollutants that have caused imminent endangerment to
the public or to the environment, or has resulted in the Director exercising
emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge
pretreatment agreement or enforcement order for starting construction,
completing construction, or attaining final compliance:
F. Failure to provide within thirty (30) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the Director determines will adversely affect
the operation or implementation of the local pretreatment program.
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IV
Sludge/Biosolids: Solids, semi-solids, residues and/or precipitates that result
from the treatment of wastewater.
Standard Industrial Classification (SIC): A classification of industrial facilities
in accordance with the Standard Industrial Classification Manual issued by the
Office of Management and Budget or, whatever officially replaces it.
Suspended Solids (SS): Solids that float on the surface or are in suspension in
wastewater which can be removed through standard laboratory filtering.
Total Kjeldahl Nitrogen (TKN): The measure of nitrogen in wastewater
determined in a laboratory by measuring ammonia after digesting organic
nitrogen to convert it to ammonia nitrogen.
Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the Environmental Protection Agency.
User Charge: Rates, charges and fees charged to contributors for use of a
POTW .
Wastewater/Sewage: A combination of water -borne wastes from residences,
businesses, institutions and industrial facilities, along with the groundwater and
surface runoff that may be present, which is discharged to a POTW.
Wastewater Collection System: Network of sewers and pumping stations
which collect wastewater from individual building sewers and convey it to the
treatment facilities.
Wastewater Treatment Facilities/Water Pollution Control
system of unit processes which function to reduce pollutant
therefore, receiving water pollutant loading through physical,
biological processes.
The following abbreviations shall have the designated meaning:
BOD
Biochemical Oxygen Demand
CBOD
Carbonaceous Biochemical Oxygen Demand
CFR
Code of Federal Regulations
CFS
Cubic Feet Per Second
COD
Chemical Oxygen Demand
EPA
Environmental Protection Agency
FOG
Fats Oils Grease
GPD
Gallons Per Day
GPM
Gallons Per Minute
ISTS
Individual Sewage Treatment System
MPCA
Minnesota Pollution Control Agency
mg
Milligram
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Facilities: A
discharges, and
chemical and/or
mg/I Milligrams Per Liter
MGD Million Gallons Per Day
NH3-N Ammonia Nitrogen
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
PPM Parts Per Million
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
SIU Significant Industrial User
TKN Total Kjeldahl Nitrogen
TSS Total Suspended Solids
WPCF Water Pollution Control Facilities
WWTF Wastewater Treatment Facility
ng/L Nanograms per Liter
6-3-4: PERMIT AND PERMIT FEE:
A. No unauthorized person shall uncover, make any connection with or opening
into, use, alter or disturb any public sewer or appurtenance thereof without first
obtaining a written permit from the City.
B. The application for the permit shall set forth the location and description of the
property to be connected with the sewer system and the purpose for which the
sewer is to be used, and shall be supplemented by any plans, specifications, or
other information considered pertinent.
C. The permit shall require the applicant to complete construction and connection of
the building sewer to the public sewer within ninety (90) days after the issuance
of the permit, except that when the applicant makes sufficient showing that due
to conditions beyond the applicant's control or due to peculiar hardship, such
time period is inequitable or unfair, an extension of time within which to comply
with the provisions herein may be granted.
D. Any sewer connection permit may be revoked at any time for a violation of this
Section.
E. The applicant shall pay a fee to the City as established in Section 2-4-2 of the
City Code to cover the cost of issuing the permit and supervising, regulating and
inspecting the work.
6-3-5: CONNECTION REQUIREMENTS: Any connection with a public sanitary
sewer shall be performed consistent with the City of Otsego Engineering Manual
(adopted March 1999 and subsequent revisions).
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6-3-6: ABATEMENT OF VIOLATIONS: Construction or maintenance of building
sewer lines whether located upon the private property of any owner or in the public
right-of-way, which construction or maintenance is in violation of any of the
requirements of this chapter, shall be corrected, at the owner's expense, within thirty
(30) days after date of official notice from the Council of such violation. If not made
within such time the Council shall, in addition to the other penalties herein provided,
have the right to finish and correct the work and assess the cost thereof to the property
owner. Such assessment shall be collected with and in the same manner as general
property taxes.
6-3-7: PROHIBITED DISCHARGES: No person shall discharge or cause to be
discharged, either directly or indirectly, any wastewater which, in the opinion of the
Director, may have any harmful effect on the sewer system, any POTW's personnel or
equipment, effluent quality, sludge quality, public or private property, or may otherwise
endanger the public, a POTW, the environment or create a public nuisance. The
Director, in reviewing the `acceptability of specific wastewater, shall consider the
characteristics of the wastewater and the adequacy and characteristics of any POTW to
accept the wastewater.
A. General Discharge Prohibitions. No user shall contribute or cause to be
contributed, directly or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of any POTW. These general prohibitions
apply to all such users of a POTW whether or not the user is subject to national
categorical pretreatment standards or any other national, state, or local
pretreatment standards or requirements. A user may not contribute the following
substances to a POTW:
1. Any liquids, solids, or gases with a closed cup flashpoint of less that 140
degrees F (60 degrees C) using test methods referenced in 40 CFR
261.21 or which, by reasons of their nature or quantity are, or may be,
sufficient either alone or by interaction with other substances to cause fire
or explosion hazard or be injurious in any other way to a POTW or to the
operation of a POTW. At no time shall two (2) successive readings on an
explosimeter at any point in the system be more than five (5) percent nor
any single reading over ten (10) percent of the lower explosive limit (LEL)
of the meter.
2. Solid or viscous substances which may cause obstruction to the flow in a
sewer or other interference with a POTW.
3. Any wastewater having a pH less than five (5.0) or higher than nine (9.0),
or wastewater having any other corrosive property capable of causing
damage of hazard to structures, equipment and/or personnel of a POTW.
4. Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure of interfere with any
wastewater treatment process, constitute a hazard to humans or animals,
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create a toxic effect in the receiving waters of a POTW, or to exceed the
limit set forth in a categorical pretreatment standard. A toxic pollutant
shall include, but not be limited to, any pollutant identified pursuant to
Section 307(a) of the Act.
5. Any noxious or malodorous liquids, gases, or solids which either singly, or
by interaction with other wastes, are sufficient to create a public nuisance,
or hazard to life, or are sufficient to prevent entry into the sewers for
maintenance and repair.
6. Any substance which may cause a POTW's effluent, or any other product
of a POTW, such as residues, sludges or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process. In no
case shall a substance discharged to a POTW cause the POTW to be out
of compliance with sludge use or disposal criteria, guidelines or
regulations.
7. Any substance which will cause a POTW to violate its NPDES and/or
state disposal system permit or the receiving water quality standards.
8. Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
9. Any wastewater having a temperature which will inhibit biological activity
in a POTW resulting in treatment interference. Wastewater with a
temperature at the introduction to a POTW which exceeds forty (40)
degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the
POTW is designed to accommodate such temperature.
10. Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which will cause
interference to a POTW. Industry shall coordinate with any connected
POTW for the discharge of any slug load which may have the potential to
cause interference with that POTW.
11. Any wastewater containing any radioactive wastes or isotopes of such
half-life, or concentration as may exceed limits established by the Director
in compliance with applicable state of federal regulations.
12. Petroleum oil, non -biodegradable cutting oil, or products of mineral oil
origin in amounts that will cause interference with POTW processes or
pass through to the receiving waters.
13. Any wastewater which causes a hazard to human life or creates a public
nuisance.
14. Mercury quantities in excess of ten ng/L.
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B. Dilution of Discharges. No user shall ever increase the use of process water
for the purposes of attempting to dilute or to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with the
limitations contained in the federal categorical pretreatment standards or in any
other pollutant -specific limitation developed by the City, State or Federal
Government.
C. Specific Limits. In most cases, the concentration of amount of any particular
constituent which will be considered excessive will depend upon the results of
technical determinations and regulatory agency regulations. Limits and/or
constituents to be subject to limits are subject to change based on POTW
impacts, technical determinations and regulatory requirements. Specific local
limits for pollutants to be allowed in the discharge to any Otsego Wastewater
Treatment Facility are developed based upon the design limits of the respective
POTW. When the Director determines that a user(s) is contributing to a POTW
any of the substances identified in Section 6-3-8.13 of the City Code in such
amounts as to interfere with the operation of the POTW, the Director shall advise
the user(s) of the impact of the contribution on the POTW, and require effluent
limitation(s) for such user to correct the interference with the POTW.
E. Stormwater Prohibited. It shall be unlawful for any owner, occupant or user of
any premises to direct into or allow any storm water, surface water, water from
air conditioning systems or building sump pump systems, oil or other material
hereafter excluded by the city to drain into the sanitary sewer system.
F. Swimming Pools. Swimming pools shall be equipped with facilities for
completely emptying the pool and other drainage to the POTW. Discharge of the
pool water to the POTW shall be at a rate not exceeding 250 gallons per minute.
No direct connection shall be made to the sewer. The outlet from the pool
recirculation system shall terminate at least six inches above the receptacle
connected to the POTW.
6-3-8: PRETREATMENT: Users shall provide necessary wastewater treatment as
required to comply with this Section and shall achieve compliance with all federal
categorical pretreatment standards and schedules where applicable. Any non-domestic
user of the any Otsego POTW may be required to have a pretreatment agreement and
will be required to achieve certain pollutant discharge limits. If pretreatment is
necessary to achieve these limits the facility constructed/installed to meet the limits
shall be provided, operated and maintained the user/owner's expense.
A. Wastewater Discharge Permits. Any violation of the terms and conditions of a
wastewater pretreatment agreement shall be deemed a violation of this
Ordinance and subjects the non domestic user to extra sewer charges and
sanctions described in the agreement. Obtaining a pretreatment agreement
does not relieve a user of its obligation to comply with all federal, state, or local
16
laws. The wastewater pretreatment agreement may require pretreatment of
industrial wastewaters prior to discharge to any Otsego POTW, flow equalization
to reduce peak flows, discharge of certain wastes only to specific sewers,
relocation of discharge points, prohibition of certain discharges, restriction of
some discharges to specific hours of the day, payment of charges to defray
costs that may be related to specific discharges, extra charges for discharges
over limits, and other conditions that may be needed to implement activities
consistent with the intent of these Sanitary Sewer excessaofters. No the quantpyrson shall
or quality
discharge wastewater to any Otsego POTW
limits established in the wastewater pretreatment agreement. A schedule for
complying with agreement requirements, effluent limits, self-monitoring
requirements or other requirements deemed necessary by the Director shall be
submitted to the City for approval by the non-domestic user in a time frame
established by the Director. The Director may require compliance schedule
progress reports, a report on final compliance with effluent limits and standards,
and periodic reports on continued compliance. The Director may require a non-
domestic user to submit to compliance independent of a compliance schedule.
B. Federal Categorical PretreatmentStanstandards for a the particular promulgation
the federal categorical pretreatment
subcategory, the federal standard, if more stringent than limitations imposed
under this Code of Ordinances for sources in that subcategory, shall immediately
supersede the limitations imposed under this Code of Ordinances. The Director
shall notify all affected users of the applicable reporting requirements under 40
CFR, Section 403.12.
C. Federal Categorical Pretreatment Modifications. Where the City's
wastewater treatment system achieves consistent removal of pollutants limited
by federal pretreatment standards, the City may apply to the approval authority
for modification of specific limits in the federal pretreatment standards.
Consistent removal shall mean reduction in the amount of a pollutant or
alteration of the nature of the pollutant by the wastewater treatment system to a
less toxic or harmless state in the effluent which is achieved by the system in
ninety five (95) percent of the samples taken when measured according to the
procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal
Regulations, General Pretreatment Regulations for Existing and New Sources of
Pollution promulgated pursuant to The Act. The City may then modify pollutant
discharge limits in the federal pretreatment standards if the requirements
contained in 40 CFR Section 403.7 are fulfilled and prior approval from the
approval authority is obtained.
6-3-9: MONITORING FACILITIES:
A. The City may require to be provided, at the user's own expense, monitoring
facilities to allow inspection, sampling and flow measurement of the building
sewer and/or internal drainage systems. The monitoring facility should normally
be situated on the user's premises, but the City may, when such a location would
17
be impractical or cause undue hardship on the user, allow the facility to be
constructed in the public street or sidewalk area and located so that it will not
interfere with traffic or be obstructed by landscaping or parked vehicles.
B. There shall be ample room in or near such sampling manhole or facility to allow
accurate sampling and preparation of samples for analysis. The facility, and
sampling and measuring equipment shall be accessible to the City or its
authorized representative at all times for the purpose of gathering samples and
flow data. If the sampling manhole or facility is a confined space as defined by
federal or state OSHA the user shall supply equipment to safely enter the
confined space.
C. Whether constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with the City's requirements and all
applicable local construction standards and specifications. Construction shall be
completed within ninety (90) days following written notification by the City.
6-3-10: REPORTING REQUIREMENTS:
A. Compliance Reports. Within ninety (90) days following the date for final
compliance with an applicable pretreament agreement or, in the case of a new
source, following commencement of the introduction of wastewater into any
Otsego POTW, any user subject to a pretreatment agreement shall submit to the
Director a report indicating the nature and concentration of all pollutants in the
discharge from the regulated process which are limited by pretreatment
agreement and the average and maximum daily flow for these process units in
the user facility which are limited by such pretreatment agreement. The report
shall state whether the applicable pretreatment standards or requirements can
be met on a consistent basis and, if not, what additional operation and
maintenance and/or pretreatment is necessary to bring the user into compliance
with the applicable pretreament standards or requirements. This statement shall
be signed by an authorized representative of the industrial user and certified by a
qualified professional.
B. Other Reports. The Director may require reports from non domestic/industrial
users as necessary, including, but not limited to, the reports required by 40 CFR
403.12.
C. Record Keeping. All industrial users required to have an individual pretreatment
agreement subject to reporting requirements shall retain in accordance with the
City's record retention schedule, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities required
by this Section and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements.
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6-3-11: INDIVIDUAL SEPTIC TREATMENT SYSTEM REQUIRED: All houses,
buildings or properties which are required by this Section or by other authority to have
sanitary wastewater facilities and are located where a POTW is not available shall be
equipped at the owner's expense, with suitable wastewater facilities connected to a
private wastewater disposal system which complies with the provisions of Chapter 4,
Section 3 of the Otsego City Code.
6-3-12: SPECIAL AGREEMENTS PERMITTED: No statement in this Section shall
be construed as preventing a special agreement, arrangement or contract between the
City Council and any POTW user as to special conditions, rates and costs as
established by the City Council.
6-3-13: PENALTY: Any person violating any provision of this chapter shall be
punished pursuant to applicable State Statute regarding misdemeanor penalties, as
amended, plus the costs of prosecution. The City may, in its discretion, seek any
administrative or civil remedies available to it as well, including administrative fines,
injunctive relief or abatement. Each right or remedy accruing to the City under this
ordinance or at law is separate and distinct and may, in the City's discretion, be
exercised independently or simultaneously with any other right or remedy.
6-3-14: SEVERABILITY: Should any subdivision, section, paragraph, provision,
sentence or lesser portion of this chapter be found invalid by a court of competent
jurisdiction, then such invalid portion shall be severed from this chapter and all
remaining subdivisions, sections, paragraphs, provisions and sentences contained in
this ordinance shall remain in full force and effect.
Section 5. This Ordinance shall become effective immediately upon its passage
and publication according to law.
MOTION BY: Darkenwald
SECOND BY: Stockamp
ALL IN FAVOR: Darkenwald, Fournier, Heidner, Stockamp, Thorsted
THOSE OPPOSED: None
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ADOPTED by the Otsego City Council this 11th day of February, 2008.
CITY OF OTSEGO
BY:
arty F ier, Mayor
ATTEST. ��(
Ju y u o ,Zoning Administrator/City Clerk
20
ORDINANCE NO.: 2008-02
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AUTHORIZING AND REGULATING SANITARY SEWER USE AND
OPERATIONS WITHIN THE CITY OF OTSEGO, MINNESOTA AD IMPROVEMEN SN AND AMENDING
WAYS,
CHAPTER 6, PUBLIC UTILITIES, PROPERTY
SECTION 3 SEWER USE OF THE OTSEGO CITY CODE
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 6; Section 1 of the Otsego City Code is hereby amended to
include the following provisions:
6-1-5: Water Access Charge (WAC)
6-1-6: Sewer Access Charge (SAC)
6-1-7: Water Emergency
6-1-8: Water Use Conservation
Section 2. Section 6-2-6 of the Otsego City Code is hereby amended to
include the following provisions:
G. City water supply and any private water supply system separation.
H. Lawn sprinkler and irrigation systems.
Section 3. Section 6-2-10 of the Otsego City Code is hereby amended to
read as follows:
6-2-10: Fire Hydrants
Section 4. Chapter 6, Section 3 of the Otsego City Code is hereby amended
to read as follows:
Section:
SECTION 3
SANITARY SEWER USE AND OPERATIONS
1
6-3-1
Purpose
6-3-2
Scope
6-3-3
Definitions
6-3-4
Permit and Permit Fee
6-3-5
Connection Requirements
6-3-6
Abatement of Violations
6-3-7
Prohibited Discharges
6-3-8
Pretreatment
6-3-9
Monitoring Facilities
6-3-10
Reporting Requirements
6-3-11
Private Sewage Disposal System Required
6-3-12
Special Agreements Permitted
6-3-13
Penalty
6-3-14
Severability
Section S. This Ordinance shall become effective immediately upon its passage
and publication according to law.
MOTION BY:
CM Darkenwald
SECOND BY: CM Stockamp
ALL IN FAVOR: Mayor Fournier, CM Heidner, CM Stockamp, CM Thorsted
and CM Darkenwald
THOSE OPPOSED: NONE
:go City Council thisl1th day of February, 2008.
CITY OF OTSEGO
BY-
a*rrymer,Mayor
ATTES k AA Lf I " #A r\^.,,.
u d n, ZoningAdministrator/City Clerk
2
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this
Ordinance is published in summary form. Complete copies of the ordinance are
available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City
Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours.
Published: Star News 02-20-08
3