Mound City Code 600.00

 

Chapter VI.

MUNICIPAL SERVICES AND PUBLIC UTILITIES

Section 600 – SANITARY SEWER SYSTEM

600.01 General. The entire municipal sanitary sewer system shall be operated as a public utility and convenience from which revenues will be derived, subject to the provisions of this Section 600. The City, through its designated representative, shall supervise all sewer connections made to the municipal Sanitary Sewer System and all excavations for the purpose of installing or repairing the same.

600.05 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Section shall be as follows:

Subd. 1. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments.

Subd. 2. "Sewer" shall mean a pipe or conduit for carrying sewage.

Subd. 3. "Public Sewer" or "Municipal Sewer" shall mean a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

Subd. 4. "Industrial Wastes" shall mean the liquid wastes from industrial processes as distinct from sanitary sewage.

Subd. 5. "Garbage" shall mean solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

Subd. 6. "Building Sewer" shall mean the extension from the building plumbing to the public sewer or other place of disposal.

600.10 Sewage Disposal and Connections with Sewer.

Subd. 1. General Rule. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the City or in any area under the joint jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.

Subd. 2. Discharge Into Natural Outlets Prohibited. It shall be unlawful for any person to discharge into any natural outlet within the City or in any area under the jurisdiction of the City, any sanitary sewage, industrial wastes, or other polluted waters.

Subd. 3. Mandatory Connection to Public Sewer System. The owner of any house, building, or property used for human occupation, employment, recreation, or other purposes, situated within the City and abutting any street, alley, or right-of-way in which there is now located a public sanitary sewer of the City, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly to the proper public sewer in accordance with provisions of this subdivision within 20 days after date of official notice to do so. The City Manager shall be charged with the responsibility of enforcing the connection of all the aforesaid houses, building, or properties to the public sewer system. If any of the aforesaid houses, buildings, or properties are determined to be not connected to the public sewer system within 90 days of the date on which the public sewer system is available to service such houses, buildings, or properties, the City Manager shall serve notice of the intent of the City to make such connection by mailing a written notice to the last known address of the record owner of said property by certified mail, postage prepaid, which notice shall advise said record owner of the provisions of this ordinance, and that the City will install the same, assess the cost thereof against the property after twenty (20) days from the date of mailing of said notice unless prior to said time the owner takes out a permit for such connection and such connection is actually commenced. In the event such owner fails to comply with said notice, the City Manager shall secure such connection to the public sewer system and shall have the cost thereof assessed as a special assessment against said property in accordance with the provisions of Chapter 412.221, Subds. 31 and 32, and Chapter 429, Minnesota Statutes.

600.15 Types of Wastes Prohibited.

Subd. 1. Except upon issuance of a written permit by the Council, it shall be unlawful to discharge any of the following described waters or wastes into the municipal sanitary sewer system:

(a) Any liquid or vapor having a temperature higher than 180 degrees F.

(b) Any water or waste containing more than 100 parts per million by weight, of fat, oil, or grease.

(c) Any gasoline, benzene, naptha, fuel oil or other inflammable or explosive liquid, solid or gas.

(d) Any garbage that has not been shredded so that the garbage particles are smaller than 1/2 inch in their largest dimension.

(e) Any ashes, cinders, sand, and straw shavings, metal, glass, rages, feathers, plastic wood, paunch manure, or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage system.

(f) Any waters or wastes containing an acid or a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment processes or which constitutes a hazard to humans or animals or creates any hazard in the receiving waters of the sewage treatment plant.

(g) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(h) Any noxious or malodorous gas or substance capable of creating a public nuisance.

(i) Radioactive wastes of any kind.

(j) Any water or wastes having a 5 day biochemical oxygen demand greater than 500 parts per million by weight.

(k) Any waters or wastes containing more than 500 parts per million by weight of suspended solids.

(l) Any waters or wastes having an average daily flow greater than two (2) percent of the average daily sewage flow of the municipal sewer system.

Subd. 2. Pre-Treatment Required. The Council may, as a condition to any permit issued pursuant to Subd. 1 above, require the applicant to provide, at his or her expense, such preliminary treatment as may be necessary to:

(a) Reduce biochemical oxygen demand to 500 parts per million and suspended solids to 500 parts per million by weight; and

(b) Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection 600.15, Subd. 1 (a) through (h); and

(c) Control the quantities and rates of discharge of such waters or wastes.

Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Council and of the Water Pollution Control Commission of the State of Minnesota, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Any preliminary treatment facilities shall be maintained continuously in satisfactory and effective operation, by the owner at his or her expense. His or her failure to do so shall be construed as a public nuisance and the City reserves the right to discontinue service. The owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer line to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Council. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Subsection 600.15 shall be determined in accordance with methods employed by the Minnesota Department of Health or the Minnesota Pollution Control Agency and shall be determined at the control manhole provided for herein, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

Subd. 3. Special User Contracts. Nothing contained in this Subsection 600.15 shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste or unusual strength or character may be accepted by the City for treatment, subject to payment therefor by the industrial concern. Any such agreement must be in accord with the terms of the contract between the City of Mound and Spring Park.

600.20 Discharge of Industrial Wastes. It shall be unlawful to discharge into the municipal sanitary sewer system any industrial wastes unless prior approval of the Treatment Plant Operator is obtained. The Treatment Plant Operator shall approve the discharge of industrial wastes when, in his or her opinion, the proposed wastes will not be of an unusual amount or character, and are not in excess of the limitation of this Section 600. The Treatment Plant Operator shall continue to review the amount and character of the industrial waste, and shall revoke his or her approval of such discharge into the municipal sanitary sewer system when in his or her opinion the wastes are unusual in amount or character and in excess of the limitations of this Section 600. Notice of revocation of approval shall be mailed by certified mail to the last known address of the owner. The owner shall have ten days from the date of mailing of said notice within which to file an appeal therefrom by filing a notice of intent to appeal with the City Manager, whereupon the City Council shall within thirty days review the decision of the Treatment Plant Operator to revoke approval.

600.25 Prohibiting Discharges into the Sanitary Sewer System.

Subd. 1. Purpose. The discharge of water from roof, surface, groundwater sump pump, footing tile, swimming pool, air conditioning, or other natural precipitation into the City sewerage system results in flooding and overloading of the sewerage system. When this water is discharged into the sanitary sewer system, it is treated at the sewage treatment plant. This results in very large and needless expenditures. The City Council, therefore, finds it in the best interest of the City to prohibit such discharges.

Subd. 2 Discharge Prohibited. No water from any roof, surface, groundwater sump pump, footing tile, swimming pool, or other natural precipitation shall be discharged into the sanitary sewer system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided herein. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building, or structure, or is connected to City storm sewer or discharge through the curb and gutter to the street. It shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge, and if connected to the City storm sewer line, include a check valve and an air gap located in a small diameter structure as shown in the City=s standard plates.

Subd. 3 Disconnection. Before April 1, 1997, any person, firm, or corporation having a roof surface, groundwater sump pump, footing tile, or swimming pool now connected and/or discharging into the sanitary sewer system shall disconnect or remove same. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in a manner, as approved by City Public Works or their designated agent.

Subd. 4 Inspection. Every person owning improved real estate that discharges into the City=s sanitary sewer system shall allow an employee of the City of Mound or a designated representative of the City to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the City inspect their property, any person may furnish a certificate from a licensed plumber certifying that their property is in compliance with this ordinance.

Any person refusing to allow their property to be inspected or refusing to furnish a plumber=s certificate within fourteen (14) days of the date City employees or their designated representatives are denied admittance to the property, shall immediately become subject to the surcharge hereinafter provided for. Any property found to violate the Ordinance shall make the necessary changes to comply with the Ordinance and furnish proof of the changes to the City by May 1, 1997.

Subd. 5 Future Inspections. Each sump pump connection identified will be reinspected periodically.

Subd. 6 New Construction. After April 1, 1997, all new dwellings that require sumps shall have sumps piped to the outside of the dwelling and comply with the provisions of this ordinance before a certificate of occupancy is issued.

Subd. 7. Surcharge. A surcharge of One Hundred and 00/100 Dollars ($100.00) per month is hereby imposed on every sewer bill mailed on and after August 1, 1997, to property owners who are not in compliance with this ordinance or who have refused to allow their property to be inspected to determine if there is compliance. All properties found during yearly reinspection to have violated this ordinance will be subject to the $100.00 per month penalty for all months between the two most recent inspections.

Subd. 8 Effective Date. This ordinance shall be effective from, and after its adoption and publication. (ord. #88-1997 - 3/15/97)

 

600.30 Tampering with Municipal Sewer System Prohibited. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewer system.

600.35 Service to Properties Outside of City. No buildings located on property lying outside the limits of the City shall be connected to the municipal sanitary sewer system unless there is a proper contract between the City of Mound and the City containing the building served.

600.40 Entry Upon Private Property. The City Inspector, so designated, and any other duly authorized employee of the City bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the municipal sanitary sewer system.

600.45 Rates and Charges.

Subd. 1. Rates and Charges - Council Action. Rates and charges for the collection and treatment of sewage shall be established in accordance with the provisions of Section 500 of the City Code. All availability charges, area charges and connection fees shall be paid at the time a building permit is obtained, unless a subdivision agreement, development agreement, or resolution provides otherwise. (ORD. 01-2001, 2/25/01) (ORD 01-2002, 1/20/02)

Subd. 2. Sewer Service Availability Charge. – In addition to, and not in lieu of, all other charges imposed from time to time by the City for building permits, sewer connection permits, sewage usage rates, and sewer area charges, the then prevailing Metropolitan Council Environmental Services Agency service availability charge (SAC) shall be paid to the City at the time a building permit for new construction is issued, or at the time a sewer connection permit is issued for the connection of an existing building to the City sanitary sewer system. The amount of the service availability charge shall be established by the Metropolitan Council Environmental Services Agency.

Subd. 3. Sewer Trunk Area Charge (STAC) – The City of Mound operates a sewage collection system to serve the needs of the community. A Sewer Trunk Area Charge (STAC) is needed to establish, construct, repair, replace, maintain, enlarge and improve said system. The STAC is payable by every lot, parcel or piece of property that will connect to the sewage collection system, or cause additional use or excessive discharge of sewage, whether residential, commercial or industrial, or the construction of additional units upon land already connected to the system. The amount of this area charge shall be established in accordance with the provisions of Section 500 of the City Code and shall be calculated according to the current guidelines of the Metropolitan Council Environmental Services Agency.

Subd. 4. Sewer Service Connection Fee – No permit shall be issued to tap or connect with any municipal sewer system of the City either directly or indirectly from any lot, tract, or parcel of land unless a sewer service connection fee has been paid. The amount of this connection fee shall be established in accordance with the provisions of Section 500 of the City Code.

Subd. 5. Unusual Wastes - Special Rates. As to any sewage or industrial waste which is unusual in either character or amount, the City Council reserves the right to impose such supplemental sewage rate charge as said City Council shall determine is reasonable and warranted on the basis of all relevant factors, in addition to all applicable charges hereunder.

(ORD 01-2002, 1/20/02)

600.50 Service Connection Certificate - Payment of Special Fee in Lieu of Assessment. No permit shall be issued to tap or connect with any municipal sewer system of the City either directly or indirectly from any lot, tract, or parcel of land unless the City Clerk shall have certified:

(a) That such lot or tract of land to be served by such connection or tap has been assessed for the cost of construction of the sewer main with which the connection is to be made; or

(b) If no assessment has been levied for such construction cost, that proceedings for levying such assessment have been or will be commenced in due course; or

(c) That the cost of construction for said sewer main has been paid by the developer, owner, or builder platting said lot or tract of land; this shall not include lots, parcels, or tracts served by the municipal sewer system and which were not a part of the plat or tract developed; or

(d) If no assessment has been levied and no assessment proceedings will be completed in due course, and the developer, owner, or builder of the lot, tract, or parcel has not paid the cost of improving said lot, tract, or parcel of land, that a sum equal to the portion of the cost of constructing said sewer which would be assessable against said lot or tract has been paid to the City of Mound.

If not such certificate can be issued by the Clerk, no such permit to tap or connect to said sewer main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of cost of construction of said main which would be assessable against said lot, tract, or parcel, to be served by such tapping or connection. Said assessable cost is to be determined by the City Manager and the City Assessor who may obtain the assistance of an Engineer, and said costs shall be on the same basis per front foot as any assessment previously levied against other property for the said main or, if no such assessment has been levied, upon the basis of the uniform charge per front foot which may have been or which shall be charged for similar tapping or connection with said main, determined on the basis of the total assessable costs of said main allocated on a frontage basis; where the assessable cost cannot be so determined, the charge is as established in accordance with the provisions of Section 500 of the City Code, per front foot of the property to be served, with a minimum of 80 foot frontage in Residential Use District A-1 and 60 foot frontage in Residential Use District A-2. Any sum received by the City under this ordinance shall be paid into a special suspense account until it shall be determined by the City Council whether the property served by said connection under said permit will be assessable for any other sewer main; if it shall be determined that no other main shall be so assessable, then said fee shall be credited to the fund for the sewer main for which the connection was made, but if the lot, tract, or parcel served by the connection is subsequently assessed for another sewer main, such sum shall be transferred to the sum for said main, and credited against the amount assessable against said tract or lot. The City Council may, by its Resolution and upon receipt of a "Consent to Assessment" form signed by all owners, provide that any charge for sewer connection, as provided by this Section, be transmitted to the County Auditor of Hennepin County to be extended on the proper tax lists of the County to be payable in not more than twenty (20) annual installments, and to provide further that all assessments and interest collected by the County Treasurer therefrom shall be paid over to the City Treasurer in the same manner as other municipal taxes. (ORD. 01-2001, 2/25/01)

600.55 Permits, Licenses, Fees, Bond and Insurance.

Subd. 1. Application Required - Permit Fees - Double Fee Penalty. Any person desiring to make connection to the Municipal Sanitary Sewer System shall comply with the City Code. The application shall be submitted on blanks furnished by the City, and shall be accompanied by plans, specifications, and such other information as is desired by the City Inspector, together with a permit and inspection fee as established in accordance with the provisions of Section 500 of the City Code. All costs and expenses incident to the installation and connection shall be borne by the owner and the owner shall indemnify the City for any loss or damage that may directly or indirectly be occasioned by the installation of the sewer connection including restoring streets and street surfaces. Any person, firm, or corporation who shall commence work of any kind for which a permit is required under this Section 600 or under Section 310 hereof, without first having received the necessary permit therefor, shall, when subsequently securing such permit, be required to pay double the fees provided by this Section 600 for such permit and shall be subject to all the penal provisions of this Section 600.

(ORD. 01-2001, 2/25/01)

Any application for connection permit shall state the legal description of the premises as originally assessed, the zoning use classification of the property at the time of the application, and the zoning use classification of the subject premises at the time when assessed. (ORD 01-2002, 1/20/02)

Subd. 2. Registered Plumber Required - Duties of City Inspector. Permits shall only be issued when the applications show that the work is to be done by persons who have been duly registered pursuant to Section 310 of this Code. No permit shall be issued until the plumbing in the building to be served is inspected by the City Inspector and altered, if necessary, to conform to the Uniform Building Code to the extent necessary to permit a proper and safe connection to the Municipal Sanitary Sewer System. Upon completion of the work, a copy of the permit shall be signed and dated by the person making the sewer installation and delivered to the City Inspector at the time he or she makes his or her final inspection of the work. The City Inspector shall sign the permit to show that the work and material conform to the City Code. The permit shall also be filled out showing the kind and size of pipe, the kind of joint used, the length of the building sewer connection, the depth at the street, the depth at the house, the distance from either side of the house where the connection is made to the house plumbing, and any other information listed on the permit form or required by the City Inspector.

600.60 Construction Requirement. The following materials and construction methods and none other shall be used in making sewer connections to the municipal sewer system.

Subd. 1. Materials. All pipe shall be 4" in diameter or larger, and shall conform to the requirements as set forth in the current addition of the Department of Health, Minnesota Plumbing Code. When the clearance between the building sewer and any service line is less than 10 feet or when the clearance between the building sewer and any well is less than 20 feet, Cast Iron Soil Pipe must be used for the building sewer. If water and sewer services are laid in the same trench the sewer should be laid underneath.

Subd. 2. Joints and Connections. Types of joints shall comply with the requirements as set forth in the current addition of the Department of Health, Minnesota Plumbing Code. If pipe is installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that non-metallic material, as named in Subd. 1 of this Section, may be accepted if laid on a suitable concrete bed or cradle as approved by the City Inspector. All joints and connections shall be made gastight and watertight. No paint, varnish, or other coating shall be permitted on the jointing material until after the joint has been tested and approved. Other jointing materials and methods may be used only by approval of the City Inspector. Unless otherwise authorized, all building sewers shall have a grade of not less that 1/8 inch per foot. A grade of 1/4 per foot should be used whenever practical. The contractor shall check grades before construction proceeds.

Subd. 3. Alignment - Location of Clean Outs. No building sewer shall contain bends or a combination of bends which at any point shall be greater than 45 degrees, and no more that four bends, regardless of angle, shall be permitted in any single building sewer, except where manholes are constructed at such points and in manner as directed by the City Inspector. No building sewer shall be laid parallel to any bearing wall or footing unless further distant than three feet from any such bearing wall or footing. No connection sewer shall be laid within twenty feet of any well or new construction. If no cleanout is provided, than one with a minimum 4" opening must be provided outside of the house within 3 feet of the foundation or before the first bend. On long runs, a cleanout must be provided each 100 feet.

Subd. 4. Excavation Permit Required. Installation and excavation shall be done in accordance with the provisions of Section 605 of this Code. All excavations shall be open-trench work unless otherwise authorized by the City Inspector. The foundation in the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation the pipe is to be laid on is good and firm, the earth shall be pared or molded to give a full support to the lower third of each pipe. Bell holes shall be dug to provide ample space for pouring of joints. Care must be exercised in backfilling below the center line of the pipe in order to give it proper support. Backfilling shall not be done until the section to be backfilled has been inspected and approved by the City Inspector.

Subd. 5. Use of Old House Sewers. All sewer connections shall be made directly to the pipe outlet from the building served, provided the pipe outlet is either Cast Iron or Vitrified Glazed Clay Pipe. No individual sewage disposal system shall be connected to any portion of a building sewer that is also laid across or over any existing individual sewage disposal system. Any existing cesspool or septic tank shall first be pumped clean and filled with granular material to the surrounding ground level, except that if the septic tank is needed for subsurface drainage, the City Inspector may allow continued use for this purpose. Where a building sewer is laid across or over an existing cesspool or septic tank, only Cast Iron Soil Pipe, shall be used for that portion of the connection sewer which is laid across or over the existing cesspool or septic tank, and if interposed in a Vitrified Glazed Clay Sewer Pipe, the Cast Iron Soil Pipe shall be of the same diameter as the clay pipe.

Subd. 6. Connections at Stub Only. Every building sewer shall be connected to the municipal system only at the stub provided for the property served by the connection, except where otherwise expressly authorized by the City Council or its designated representative. In the event that the stub which has been installed cannot be used, then the property owner shall pay the full cost of making the connection elsewhere. In the event it is necessary to install a new service connection, it can be made to the lateral sewer or trunk sewer. The new service connection is to be made by drilling a hole in the top of the sewer line with a saddle attachment. This saddle will be constructed of cast iron with neoprene "O" ring for connecting to the street service line. The saddle to be clamped in place with a stainless steel band. The band securing nuts and bolts to be made of brass. The connection from saddle to service line must be neoprene with stainless steel securing bands. All saddle devices must be approved by the Public Works Department before installation.

Subd. 7. Tunneling. Tunneling for distance of not more than six feet, or to such a length that may be serviced with a single length of Cast Iron Pipe but not more than 20 feet in length, is permissible in yards, courts, or driveways of any building site. When pipes are driven, the drive pipe shall be at least one size larger than the pipe to be laid.

Subd. 8. Grease Traps - Sand Traps. Grease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes, containing grease in excessive amount, or any inflammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private dwelling units which discharge only normal wastes therefrom. Such grease and soil interceptors shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. All grease, oil, and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.

Subd. 9. Connection Level. Whenever possible, the building sewer shall join the building at an elevation which is below the basement floor or such building. In all buildings in which any connection below the basement floor would be too low to permit gravity flow to the municipal sewer system, sanitary sewage shall be lifted by approved artificial means and then discharged into the building sewer.

Subd. 10. Cover. The minimum cover over building sewer connections shall be six (6) feet in order to prevent freezing. Where six feet is not practical at the building, then six feet shall be attained as soon as possible. All such connections must be approved by the City Inspector before work commences. Wherever possible the cover shall be maintained at seven (7) feet.

Subd. 11. Vented Main Line Required. No sewer connection shall be made to any building or house unless the building or house has a vented main line.

Subd. 12. Minimum Standards for Residential Connection. Each single family home and each unit in a duplex, twin home, double bungalow, and/or in a townhouse shall have a separate sewer line from the premises line to the trunk which shall be 4 inches in diameter or larger connected to stub which is 4 inches or larger which is then connected to the City's trunk line. All construction shall meet the standards set forth in this Code.

Subd. 13. Prohibited Locations - Sewer Cleanouts. No sewer cleanout shall be constructed under concrete walks, steps, driveways, or other permanent obstruction between the trunk sewer line and the building being served that would prevent easy access to the cleanout.

600.65 Independent System For Each Building.

Subd. 1. No Shared Service Connections. The drainage and plumbing system of each new building and of new work installed in an existing building shall be separate from and independent of any other building except as provided in Subd. 2 below and every building shall have an independent connection with a public sewer when such is available.

Subd. 2. Land Locked Lots. Where one building stands to the rear of another building 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, the building sewer from the front building may be extended to the rear building only with the approval of the City Council. Where such a building sewer is extended, a cleanout shall be provided immediately inside the rear wall of the front building, and at the property line.

600.70 Variances. The City Council may permit variations from the strict appliance of any of the provisions of this Section if it is satisfied that there are special circumstances or conditions affecting the premises for which the variance is requested and that the granting of such variation will not materially affect adversely the health, safety, or general welfare of public or private property. Any variation permitted under this provision must be noted on the permit.

600.75 Penalties. Any person violating any provision of this section shall be guilty of a misdemeanor. Each day the violation shall continue shall constitute a separate offense. Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss, or damage occasioned by reason of such violation.

600.80 Strength Charge.

Subd. 1. Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (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 of the Metropolitan Disposal System (as defined in Minnesota Statutes, Section 473.121, Subdivision 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant, or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served.

Subd. 2. Establishment of Strength Charges. 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 company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge").

Subd. 3. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Subdivision 2 hereof, there is hereby established, approved, and adopted in compliance with the Act the same strength charge formula designated in Resolution No. 76-172 adopted by the governing body of this Commission on June 15, 1976, 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.

Subd. 4. Strength Charge Payment. It is hereby approved, adopted and established that the Strength Charge established by Subd. 2 hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the building entity before such date. Furthermore, it is hereby established, approved, and adopted that if such payment is not paid before such date, an industrial use shall pay interest compounded monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance due.

Subd. 5. Establishment of Tax Lien. As provided in Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Subd. 2 hereof is not paid before the sixtieth (60th) 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 Subd. 4 hereof, shall be deemed to be a charge against the owner, lessee, and occupant of the property served, and the City of its agent 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 agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy.

600.85 Delinquent Accounts, Penalty, Assessment. In order to defray the City's increased administrative costs caused by water account delinquencies, a ten percent (10%) penalty will be added to sewer bills not paid within 30 days after the date of billing. On or before November 1st of each year, the water superintendent shall have listed and transmitted to the Council the total unpaid charges for water service against each separate lot or parcel to which such is attributable. The Council may then spread the unpaid charges against the property serviced to the County Auditor for collection as other taxes are collected under Minnesota Statutes, Section 444.075. In addition to the assessment, a certification fee as established in accordance with the provisions of Section 500 of the City Code may be certified to the County Auditor for collection as other taxes are collected. (ORD. #59-1992 - 9/14/92)(ORD. 01-2001, 2/25/01)