CHAPTER 51: SEWER REGULATIONS
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CHAPTER 51: SEWER REGULATIONS
Section
General Provisions
51.001 Definitions
51.002 Control of sewers; administration of chapter
51.003 Building sewers; general requirements
51.004 Tampering with wastewater facilities
51.005 Cost of repairing or restoring sewers
General Regulations
51.015 Deposits of unsanitary manner prohibited
51.016 Discharge of wastewater or other polluted waters
51.017 Restrictions on wastewater disposal facilities
51.018 Installation of service connection to public sewer
51.019 Failure to connect to a public sewer
Private Wastewater Disposal
51.035 Public sewer not available
51.036 Permits
51.037 Type, capacities, location and layout
51.038 Direct connection required
51.039 Operation and maintenance by owner
51.040 Application of subchapter
Building Sewers and Connections
51.055 Restrictions on new connections
51.056 Building sewer permits
51.057 Costs and expenses
51.058 Separate building sewers required
51.059 Old building sewers; restrictions on use
51.060 Conformance to State Building and Plumbing Code requirements
51.061 Elevation below basement floor
51.062 Surface runoff or groundwater connections prohibited
51.063 Excavations
51.064 Licenses
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Use of Public Services
51.080 Discharges of unpolluted water
51.081 Discharges of waters or wastes
51.082 Limited discharges
51.083 Discharges hazardous to life or constitute public nuisances
51.084 Increasing use of process water
51.085 Pretreatment or flow-equalizing facilities
51.086 Grease, oil and sand interceptors
51.087 Industrial wastes; installations
51.088 Industrial wastes; requirements
51.089 Measurements, tests and analyses of waters and wastes
51.090 Protection from accidental discharge of prohibited materials
51.091 Permitting substance or matter to flow or pass into public sewers
51.092 Repairing service connection
51.093 Catch basin or waste traps required for motor vehicle washing or servicing
facilities
51.094 Special agreement and arrangement
User Rate Schedule for Charges
51.110 Charges generally
51.111 Purpose
51.112 Definitions
51.113 Establishment of a sewer service charge system
51.114 Determination of sewer service charges
51.115 Sewer service fund
51.116 Administration
Powers and Authority of Inspectors
51.130 Authorized employees permitted to enter all properties
51.131 Authorized employees obtaining information for industrial processes
51.132 Authorized employees to observe safety rules
51. 133 Authorized employees permitted to enter all property with easements
51.999 Penalty
Cross-reference:
Health and Safety; Nuisances, see Chapter 92
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GENERAL PROVISIONS
§ 51.001 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act, also referred to as the Clean Water Act, being
33 USC 1251 et seq., as amended.
AS TM. American Society for Testing Materials.
AUTHORITY. This city or its representative thereof.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at 200
C, expressed in terms of milligrams per liter (mg/l).
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which
receives the discharge from waste and other drainage pipes inside the walls of the building and
conveys it to the building sewer, beginning three feet outside the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place
of disposal, also referred to as a house connection or service connection.
CITY. The area within the corporate boundaries of the city as presently established or as
amended by ordinance or other legal actions at a future time. The term CITY when used herein
may also be used to refer to the City Council and its authorized representative.
CONTROL MANHOLE. A structure specially constructed for the purpose of measuring flow
and sampling of wastes.
EASEMENT. An acquired legal right for the specific use of land owned by others.
GARBAGE. Animal and vegetable waste resulting from the handling, preparation, cooking and
serving of food.
INDUSTRIAL WASTE. Gaseous, liquid and solid wastes resulting from industrial or
manufacturing processes, trade or business, or from the development, recovery and processing of
natural resources, as distinct from residential or domestic strength wastes.
INDUSTRY. Any nongovernmental or nonresidential user of a publicly owned treatment
works which is identified in the Standard Industrial Classification Manual, latest edition, which
is categorized in Divisions A, B, D, E and I.
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INFILTRATION. Water entering the sewage system (including building drains and pipes)
from the ground through means as defective pipes, pipe joints, connections and manhole walls.
INFILTRATION/INFLOW (I/I). The total quantity of water from both infiltration and inflow.
INFLOW. Water other than wastewater that enters a sewer system (including building drains)
from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains,
foundation drains, drains from springs and swampy areas, manhole covers, cross-connections from
storm sewers, catch basins, surface runoff, street wash waters or drainage.
INTERFERENCE. The inhibition or disruption of the city*s wastewater disposal system
processes or operations which causes or significantly contributes to a violation of any requirement
of the city*s NPDES or SDS permit. The term includes sewage sludge use or disposal by the city
in accordance with published regulations providing guidelines under Section 405 of the Act (33
USC 1345) or any regulations developed pursuant to the Solid Waste Disposal Act (42 USC 6901
et seq.), the Clean Air Act (42 USC 7401 et seq.), the Toxic Substances Control Act (15 USC
2601 et seq.), or more stringent state criteria applicable to the method of disposal or use employed
by the city.
MAY. The term is permissive.
MPCA. The Minnesota Pollution Control Agency.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS. Federal regulations
establishing pretreatment standards for introduction of pollutants in publicly-owned wastewater
treatment facilities which are determined to be not susceptible to treatment by those treatment
facilities or would interfere with the operation of those treatment facilities, pursuant to Section
307(b) of the Act (33 USC 1317(b)).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A
permit issued by the MPCA, setting limits on pollutants that a permittee may legally discharge into
navigable waters of the United States pursuant to Sections 402 and 405 of the Act (33 USC 1342
and 33 USC 1345).
NATURAL OUTLET. Any outlet, including storm sewers and combined sewers, which
overflow into a watercourse, pond, ditch, lake or other body of surface water or ground water.
NON-CONTACT COOLING WATER. The water discharged from any use such as air
conditioning, cooling or refrigeration, or during which the only pollutant added is heat.
NORMAL DOMESTIC STRENGTH WASTE. Wastewater that is primarily introduced by
residential users with a BOD5 concentration not greater than 287 mg/l and a suspended solids
(TSS) concentration not greater than 287 mg/l.
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PERSON. Any individual, firm, company, association, society, corporation or group.
pH. The logarithm of the reciprocal of the concentration of hydrogen ions in terms of grams
per liter of solution.
PRETREATMENT. The treatment of wastewater from industrial sources prior to the
introduction of the waste effluent into a publicly-owned treatment works.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and
dispensing of food that have been shredded to a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers with no particle greater
than ½-inch (1.27 cm) in any dimension.
SEWAGE. The spent water of a community. The preferred term is wastewater.
SEWER. A pipe or conduit that carries wastewater or drainage water.
(1) COLLECTION SEWER. A sewer whose primary purpose is to collect wastewaters
from individual point source discharges and connections.
(2) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater
from collection sewers to a treatment facility.
(3) PRIVATE SEWER. A sewer which is not owned and maintained by a public authority.
(4) PUBLIC SEWER. A sewer owned, maintained and controlled by a public authority.
(5) SANITARY SEWER. A sewer intended to carry only liquid and water-carried wastes
from residences, commercial buildings, industrial plants and institutions together with minor
quantities of ground, storm and surface waters which are not admitted intentionally.
(6) STORM SEWER or STORM DRAIN. A drain or sewer intended to carry storm
waters, surface runoff, ground water, subsurface water, street wash water, drainage and unpolluted
water from any source.
SHALL. The term is mandatory.
STATE DISPOSAL SYSTEM (SDS) PERMIT. Any permit (including any terms, conditions
and requirements thereof) issued by the MPCA pursuant to M.S. § 115.07, as it may be amended
from time to time for a disposal system as defined by M.S. § 115.01(8), as it may be amended from
time to time.
SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSS). The total suspended
matter that either floats on the surface of, or is in suspension in water, wastewater or other
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liquids, and is removable by laboratory filtering as prescribed in Standard Methods for the
Examination of Water and Wastewater, latest edition, and referred to as non-filterable residue.
TOXIC POLLUTANT. The concentration of any pollutant or combination of pollutants which
upon exposure to or assimilation into any organism will cause adverse affects as defined in
standards issued pursuant to Section 307(a) of the Act (33 USC 13 17(a)).
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
benefitted by discharge to the sanitary sewers and wastewater treatment facilities.
USER. Any person who discharges or causes or permits the discharge of wastewater into the
city*s wastewater disposal system.
UTILITIES SUPERINTENDENT. The person appointed by the City Council to supervise the
sewer and water systems of the city.
WASTE WATER. The spent water of a community and referred to as sewage. 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 TREATMENT WORKS or TREATMENT WORKS. An arrangement of any
devices, facilities, structures, equipment or processes owned or used by the city for the purpose of
the transmission, storage, treatment, recycling and reclamation of municipal sewage, domestic
sewage or industrial wastewater, or structures necessary to recycle or reuse water including
interceptor sewers, outfall sewers, collection sewers, pumping, power and other equipment and
their appurtenances; extensions, improvements, remodeling, additions and alterations thereof;
elements essential to provide a reliable recycled water supply such as standby treatment units and
clear well facilities; and any works including land which is an integral part of the treatment
process or is used for ultimate disposal of residues resulting from that treatment.
WPCF. The Water Pollution Control Federation.
§ 51.002 CONTROL OF SEWERS; ADMINISTRATION OF CHAPTER.
The Utilities Superintendent, or other official designated by the City Council shall have control
and general supervision of all public sewers arid service connections in the city, and shall be
responsible for administering the provisions of this chapter to the end that a proper and efficient
public sewer is maintained.
§ 51.003 BUILDING SEWERS; GENERAL REQUIREMENTS.
Building sewer construction shall meet the pertinent requirements of the Minnesota State
Building Code, which is those chapters of Mi Rules referenced in Mm. Rules part 1300.2400,
subpart 6, as they may be amended from time to time, arid the Minnesota Plumbing Code, Mm.
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Rules Ch. 4715, as it may be amended from time to time. The applicant shall notify the City Clerk
when the building sewer and connection is ready for inspection. The connection shall be made
under the supervision of the Building Official or the Building Official*s representative, if the city
has adopted the State Building Code. If the city has not adopted the State Building Code, the
Utilities Superintendent shall perform the inspection. If the city does not have a Utilities
Superintendent, an installer licensed under § 51.064 shall certify that the building sewer and
connection comply with the State Building Code. No backfill shall be placed until the work has
been inspected and approved, or until the certification has been received. Penalty, see § 51.999
§ 51.004 TAMPERING WITH WASTEWATER FACILITIES.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface
or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities.
Any person violating this provision shall be subject to immediate arrest under the charge of a
misdemeanor. Penalty, see § 51.999
§ 51.005 COST OF REPAIRING OR RESTORING SEWERS.
In addition to any penalties that may be imposed for violation of any provision of this chapter,
the city may assess against any person the cost of repairing or restoring sewers or associated
facilities damaged as a result of the discharge of prohibited wastes by that person, and may collect
the assessment as an additional charge for the use of the public sewer system or in any other
manner deemed appropriate by the city.
GENERAL REGULATIONS
§ 51.015 DEPOSITS OF UNSANITARY MANNER PROHIBITED.
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 city*s jurisdiction,
any human or animal excrement, garbage or objectionable waste.
Penalty, see § 51.999
§ 51.016 DISCHARGE OF WASTEWATER OR OTHER POLLUTED WATERS.
It shall be unlawful to discharge to any natural outlet any wastewater or other polluted waters,
except where suitable treatment has been provided in accordance with subsequent provisions of
this chapter and the city*s NPDES/SDS permit. Penalty, see § 51.999
§ 51.017 RESTRICTIONS ON WASTEWATER DISPOSAL FACILITIES.
Except as otherwise provided in this chapter, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of
wastewater. Penalty, see § 51.999
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§ 51.018 INSTALLATION OF SERVICE CONNECTION TO PUBLIC SEWER.
The owners of all houses, buildings or properties used for human occupancy, employment,
recreation or other purposes from which wastewater is discharged, and which is situated within
the city and adjacent to 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 shall be required at the owner*s expense
to install a suitable service connection to the public sewer in accordance with provisions of this
code within 365 days of the date the public sewer is operational; provided, the public sewer is
within 200 feet of the structure generating the wastewater. All future buildings constructed on
property adjacent to the public sewer shall be required to immediately connect to the public
sewer. If sewer connections are not made pursuant to this section, an official ten-day notice shall
be served instructing the affected property owner to make the connection. Penalty, see § 51.999
§ 51.019 FAILURE TO CONNECT TO A PUBLIC SEWER.
In the event an owner shall fail to connect to a public sewer in compliance with a notice given
under § 51.018, the city shall undertake to have the connection made and shall assess the cost
thereof against the benefitted property. The assessment, when levied, shall bear interest at the rate
determined by the City Council and shall be certified to the County Auditor and shall be collected
and remitted to the city in the same manner as assessments for local improvements. The rights of
the city shall be in addition to any remedial or enforcement provisions of this chapter.
Penalty, see § 51.999
PRIVATE WASTEWATER DISPOSAL
§ 51.035 PUBLIC SEWER NOT AVAILABLE.
Where a public sewer is not available under the provisions of § 51.018, the building sewer
shall be connected to a private wastewater disposal system complying with the provisions of this
subchapter and Minn. Rules Ch. 7080, Individual Sewage Treatment Systems Program, as they may
be amended from time to time. Penalty, see § 51.999
§ 51.036 PERMITS.
(A) Required. Prior to commencement of construction of a private wastewater disposal
system, the owner shall first obtain a written permit signed by the city. The application for the
permit shall be made on a form furnished by the city, which the applicant shall supplement by any
plans, specifications and other information as are deemed necessary to the city.
(B) Inspections. A permit for a private wastewater disposal system shall not become effective
until the installation is completed to the satisfaction of the city or its authorized representative. The
city or its representative shall be allowed to inspect the work at any stage of construction, and in
any event, the applicant for the permit shall notify the city when work is ready for final inspection,
and before any underground portions are covered. The inspection shall be made within 24 hours of
the receipt of notice. Penalty, see § 51.999
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§ 51.037 TYPE, CAPACITIES, LOCATION AND LAYOUT.
The type, capacities, location, and layout of a private wastewater disposal system shall
comply with all requirements of Minn. Rules Ch. 7080, Individual Sewage Treatment Systems
Program, as they may be amended from time to time. No septic tank or cesspool shall be permitted
to discharge to any natural outlet. Penalty, see § 51.999
§ 51.038 DIRECT CONNECTION REQUIRED.
At the time as a public sewer becomes available to a property serviced by a private
wastewater disposal system, a direct connection shall be made to the public sewer within 365
days in compliance with this chapter, and within 365 days any septic tanks, cesspools and similar
private wastewater disposal systems shall be cleaned of sludge. The bottom shall be broken to
permit drainage, and the tank or pit filled with suitable material. Penalty, see § 51.999.
§ 51.039 OPERATION AND MAINTENANCE BY OWNER.
The owner shall operate and maintain the private wastewater disposal facilities in a sanitary
manner at all times at no expense to the city.
§ 51.040 APPLICATION OF SUBCHAPTER.
No statement contained in this subchapter shall be construed to interfere with any additional
requirements that may be imposed by the MPCA or the Minnesota Department of Health.
BUILDING SEWERS AND CONNECTIONS
§ 51.055 RESTRICTIONS ON NEW CONNECTIONS.
Any new connections to the sanitary sewer system shall be prohibited unless sufficient
capacity is available in all downstream facilities, including but riot limited to capacity for flow,
BOD5 and suspended solids, as determined by the Utilities Superintendent. Penalty, see §51.999
§ 51.056 BUILDING SEWER PERMITS.
(A) 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 city.
(B) Applications. Applications for permits shall be made by the owner or authorized agent and
the party employed to do the work, and shall state the location, name of owner, street number of the
building to be connected and how occupied. No person shall extend any private building drain
beyond the limits of the building or property for which the service connection permit has been
given.
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(C) Classes. There shall be two classes of building sewer permits: one for residential and
commercial service, and one for service to establishments producing industrial wastes. In either
case, the application shall be supplemented by any plans, specifications or any other information
considered pertinent in the judgement of the city. The industry, as a condition of permit
authorization, must provide information describing its wastewater constituents, characteristics and
type of activity.
(D) Inspection and connection. The applicant for the building sewer permit shall notify the
city when the building sewer is ready for inspection and connection to the public sewer. The
connection and inspection shall be made under the supervision of the Utilities Superintendent or
authorized representative thereof. Penalty, see § 51.999
§ 51.057 COSTS AND EXPENSES.
All costs and expenses incidental to the installation and connection of the building sewer shall
be borne by the owner. The owner shall indemnify the city from any loss or damage that may be
directly or indirectly occasioned by the installation of the building sewer. Penalty, see § 51.999.
§ 51.058 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. The
building sewer from the front building may be extended to the rear building and the whole
considered one building sewer. The city does not and will not assume any obligation or
responsibility for damage caused by or resulting from any connection. Penalty, see § 51.999
§ 51.059 OLD BUILDING SEWERS; RESTRICTIONS ON USE.
Old building sewers may be used in connection with new buildings only when they are found,
on examination and test by the Utilities Superintendent or his or her representative, to meet all
requirements of this chapter.
§ 51.060 CONFORMANCE TO STATE BUILDING AND PLUMBING CODE
REQUIREMENTS.
(A) The size, slopes, alignment, materials of construction of building sewers and the methods
to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench, shall
all conform to the requirements of the State Building and Plumbing Code or other applicable rules
and regulations of the city.
(B) The connection of the building sewer into the public sewer shall conform to the
requirements of the State Building and Plumbing Code or other applicable rules and regulations of
the city. All connections shall be made gastight and watertight, and verified by proper testing
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to prevent the inclusion of infiltration/inflow. Any deviation from the prescribed procedures and
materials must be approved by the city prior to installation. Penalty, see § 51.999
§ 51.061 ELEVATION BELOW BASEMENT FLOOR.
Whenever possible, the building sewer shall be brought to the building at an elevation below
the basement floor. In all buildings in which any building drain is too low to permit gravity flow to
the public sewer, sanitary sewage carried by the building drain shall be lifted by an approved
means and discharged to the building sewer. Penalty, see § 51.999
§ 51.062 SURFACE RUNOFF OR GROUNDWATER CONNECTIONS PROHIBITED.
No person shall make connection of roof downspouts, sump pumps, foundation drains, areaway
drains or other sources of surface runoff or groundwater to a building sewer or drain which is
directly or indirectly connected to the wastewater disposal system. Penalty, see § 51.999
§ 51.063 EXCAVATIONS.
All 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 manner satisfactory to the city.
Penalty, see § 51.999
§ 51.064 LICENSES.
(A) Required. No person shall make a service connection with any public sewer unless
regularly licensed under this chapter to perform the work, and no permit shall be granted to any
person except a regularly licensed person.
(B) Application. Any person desiring a license to make a service connection with public
sewers shall apply in writing to the City Council with satisfactory evidence that the applicant or
employer is trained or skilled in the business and qualified to receive a license. All applications
shall be referred to the Utilities Superintendent for recommendations to the Council. If approved
by the Council, the license shall be issued by the City Clerk upon the filing of a bond as hereinafter
provided.
(C) Issuance. No license shall be issued to any person until a policy of insurance to the city,
approved by the Council, is filed with the City Clerk conditioned that the licensee will indemnify
and save harmless the city from all suits, accidents and damage that may arise by reason of any
opening in any street, alley or public ground made by the licensee or by those in the licensee*s
employment for any purpose whatever, and that the licensee will replace and restore the street and
alley over that opening to the condition existing prior to installation, adequately guard with
barricades and lights, and will keep and maintain the same to the satisfaction of the Utilities
Superintendent, and shall conform in all respects to any rules and regulations of the Council
relative thereto, and pay all fines that may be imposed on the licensee by law.
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(D) Fee. The license fee for making service connections shall be as established by the
Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this Code, as that
ordinance may be amended from time to time. All licenses shall expire on December 31 of the
license year unless the license is suspended or revoked by the Council for cause.
(E) Suspension or revocation. The Council may suspend or revoke any license issued under
this subchapter for any of the following causes:
(1) Giving false information in connection with the application for a license.
(2) Incompetence of the licensee.
(3) Willful violation of any provisions of this chapter or any rule or regulation pertaining
to the making of service connections. Penalty, see § 51.999