CHAPTER 51: SEWER REGULATIONS (part 2)
USE OF PUBLIC SERVICES
§ 51.080 DISCHARGES OF UNPOLLUTED WATER.
(A) No person shall discharge or caused to be discharged any water such as stormwater,
ground water, roof runoff, surface drainage or non-contact cooling water to any sanitary sewer.
(B) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are
specifically designed as storm sewers or to a natural outlet approved by the city and other
regulatory agencies. Industrial cooling water or unpolluted process waters may be discharged to a
storm sewer or natural outlet on approval of the city and upon approval and the issuance of a
discharge permit by the MPCA. Penalty, see § 51.999
§ 51.081 DISCHARGES OF WATERS OR WASTES.
No person shall discharge or cause to be discharged any of the following described waters or
wastes to any public sewers:
(A) Any liquids, solids or gases which by reason of their nature or quantity are, or may be,
sufficient either alone or by interaction with other substances to cause fire or explosion or be
injurious in any other way to the wastewater disposal system or to the operation of the system.
Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides and sulfides.
(B) Solid or viscous substances which will cause obstruction to the flow in a sewer or other
interference with the operation of the wastewater treatment facilities such as but not limited to
grease, garbage with particles greater than ½-inch in any dimension, animal guts or tissues, paunch
manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent
lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent
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grains, spent hops, waste paper, wood, plastic, asphalt residues, residues from refining or
processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
(C) Any wastewater having a pH of less than 5.0 or greater than 9.5 or having any other
corrosive property capable of causing damage or hazard to structures, equipment and personnel of
the wastewater disposal system.
(D) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by
interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute
a hazard to humans or animals, or create a toxic effect in the receiving waters of the wastewater
disposal system. A toxic pollutant shall include but not be limited to any pollutant identified
pursuant to Section 307(a) of the Act (33 USC 13 17(a)). Penalty, see § 51.999
§ 51.082 LIMITED DISCHARGES.
(A) The following described substances, materials, water or wastes shall be limited in
discharges to municipal systems to concentrations or quantities which will not harm either sewers,
the wastewater treatment works, treatment process or equipment, will not have an adverse effect
on the receiving stream and soil, vegetation and ground water, or will not otherwise endanger
lives, limb, public property, or constitute a nuisance. The Utilities Superintendent may set
limitations lower than limitations established in the regulations below if, in his or her opinion, the
more severe limitations are necessary to meet the above objectives. In forming his or her opinion
as to the acceptability of wastes, the Utilities Superintendent will give consideration to factors as
the quantity of subject waste in reaction to flows and velocities in the sewers, materials of
construction of the sewers, nature of the sewage treatment process, the city*s NPDES/SDS permit,
capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment
plant, and other pertinent factors.
(B) The limitations or restrictions on materials or characteristics of waste or wastewaters
discharged to the sanitary sewer which shall not be violated without approval of the Utilities
Superintendent are as follows:
(1) Any wastewater having a temperature greater than 1500 F (65.60 C), or causing,
individually or in combination with other wastewater, the influent at the wastewater treatment
plant to have a temperature exceeding 104E F (40E C), or having heat in amounts which will
inhibit biological activity in the wastewater treatment works resulting in interference therein.
(2) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in
excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures
between 32E F and 150E F (0E C and 65.6E C); and any wastewater containing oil and grease
concentrations of mineral origin of greater than 100 mg/l, whether emulsified or not.
(3) Any quantities of flow, concentrations, or both which constitute a “slug” as defined in §
51.001.
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(4) Any garbage not properly shredded, as defined in § 51.001 of this chapter. Garbage
grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants,
hospitals, catering establishments or similar places where garbage originates from the preparation
of food on the premises or when served by caterers.
(5) Any noxious or malodorous liquids, gases or solids which either singly or by interaction
with other wastes are capable of creating a public nuisance or hazard to life, or are sufficient to
prevent entry into the sewers for their maintenance and repair.
(6) Any wastewater with objectionable color not removed in the treatment process such as but
not limited to dye wastes and vegetable tanning solutions.
(7) Non-contact cooling water or unpolluted storm, drainage or ground water.
(8) Wastewater containing inert suspended-solids such as but not limited to fullers earth, lime
slurries, and lime residues, or of dissolved solids such as but not limited to sodium chloride and
sodium sulfate, in quantities that would cause disruption with the wastewater disposal system.
(9) Any radioactive wastes or isotopes of half-life or concentration as may exceed limits
established by the Utilities Superintendent in compliance with applicable state or federal
regulations.
(10) Any waters or wastes containing the following substances to the degree that any material
received in the composite wastewater at the wastewater treatment works is detrimental to
treatment process, adversely impacts land application, adversely effects receiving waters, or is in
violation of standards pursuant to Section 307(b) of the Act (33 USC 13 17(b)): Arsenic,
Cadmium, Copper, Cyanide, Lead, Mercury, Nickel, Silver, total Chromium, Zinc and Phenolic
compounds which cannot be removed by the city*s wastewater treatment system.
(11) Any wastewater which creates conditions at or near the wastewater disposal system
which violates any statute, rule, regulation or ordinance of any regulatory agency, or state or
federal regulatory body.
(12) Any waters or wastes containing BOD5 or suspended solids of character and quantity that
unusual attention or expense is required to handle the materials at the wastewater treatment works,
except as may be permitted by specific written agreement subject to the provisions of § 51.094.
§ 51.083 DISCHARGES HAZARDOUS TO LIFE OR CONSTITUTE PUBLIC
NUISANCES.
(A) If any waters or wastes are discharged or are proposed to be discharged to the public
sewers which contain substances or possess the characteristics enumerated in § 51.082, or which
in the judgement of the Utilities Superintendent may have a deleterious effect upon the wastewater
treatment facilities, processes, or equipment, receiving waters or soil, vegetation, and
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ground water, or which otherwise create a hazard to life or constitute a public nuisance, the city
may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers,
pursuant to Section 307(b) of the Act (33 USC 1317(b)) and all amendments thereof;
(3) Require control over the quantities and rates of discharge; and
(4) Require payment to cover the added costs of handling, treating and disposing of wastes
not covered by existing taxes or sewer service charges. -(
B) If the city permits the pretreatment or equalization of waste flows, the design, installation
and maintenance of the facilities and equipment shall be made at the owner*s expense and shall be
subject to the review and approval of the city pursuant to the requirements of the MPCA.
§ 51.084 INCREASING USE OF PROCESS WATER.
No user shall increase the use of process water or, in any manner, attempt to dilute a discharge
as a partial or complete substitute for adequate treatment to achieve compliance with the
limitations contained in § 51.081 and 51.082, or contained in the National Categorical
Pretreatment Standards or any state requirements. Penalty, see §51.999
§ 51.085 PRETREATMENT OR FLOW-EQUALIZING FACILITIES.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or
wastes, they shall be maintained continuously in satisfactory and effective operation at the expense
of the owner.
§ 51.086 GREASE, OIL AND SAND INTERCEPTORS.
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utilities
Superintendent, they are necessary for the proper handling of liquid wastes containing floatable
grease in excessive amounts, as specified in § 51 .082(B)(2), any flammable wastes as specified
in § 51.081(A), sand or other harmful ingredients; except that interceptors shall not be required for
private living quarters or dwelling units. All interceptors shall be of the type to be readily and
easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner
shall be responsible for the proper removal and disposal of the captured materials by appropriate
means, and shall maintain a record of dates and means of disposal which are subject to review by
the Utilities Superintendent. Any removal and hauling of the collecting materials not performed by
the owner*s personnel must be performed by a currently licensed waste disposal firm. Penalty,
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§ 51.087 INDUSTRIAL WASTES; INSTALLATIONS.
Where required by the city, the owner of any property serviced by a building sewer carrying
industrial wastes shall install a suitable structure, or control manhole, with necessary meters and
other appurtenances in the building sewer to facilitate observation, sampling, and measurement of
wastes. The structure shall be accessible and safely located, and shall be constructed in
accordance with plans approved by the city. The structure shall be installed by the owner at his or
her expense and shall be maintained by the owner to be safe and accessible at all times.
Penalty, see § 51.999
§ 51.088 INDUSTRIAL WASTES; REQUIREMENTS.
The owner of any property serviced by a building sewer carrying industrial wastes may, at the
discretion of the city, be required to provide laboratory measurements, tests or analyses of waters
or wastes to illustrate compliance with this chapter and any special condition for discharge
established by the city or regulatory agencies having jurisdiction over the discharge. The number,
type and frequency of sampling and laboratory analyses to be performed by the owner shall be as
stipulated by the city. The industry must supply a complete analysis of the constituents of the
wastewater discharge to assure that compliance with federal, state and local standards are being
met. The owner shall report the results of measurements and laboratory analyses to the city at times
and in the manner as prescribed by the city. The owner shall bear the expense of all measurements,
analyses and reporting required by the city. At those times as deemed necessary, the city reserves
the right to take measurements and supplies for analysis by an independent laboratory. Penalty, see
§ 51.999
§ 51.089 MEASUREMENTS, TESTS AND ANALYSES OF WATERS AND WASTES.
All measurements, tests and analyses of the characteristics of waters and wastes to which
reference is made in this chapter shall be determined in accordance with the latest edition of
Standard Methods for the Examination of Water and Wastewater, published by the American
Public Health Association. Sampling methods, location, times, duration and frequencies are to be
determined on an individual basis subject to approval by the Utilities Superintendent. Penalty, see
§ 51.999
§ 51.090 PROTECTION FROM ACCIDENTAL DISCHARGE OF PROHIBITED
MATERIALS.
Where required by the city, the owner of any property serviced by a sanitary sewer shall
provide protection from an accidental discharge of prohibited materials or other substances
regulated by this chapter. Where necessary, facilities to prevent accidental discharges of
prohibited materials shall be provided and maintained at the owner*s expense. Detailed plans
showing facilities and operating procedures to provide this protection shall be submitted to the
Utilities Superintendent for review and approval prior to construction of the facility. Review and
approval of the plans and operating procedures shall not relieve any user from the responsibility to
modify the user*s facility as necessary to meet the requirements of this chapter. Users shall notify
the Utilities Superintendent immediately upon having a slug or accidental discharge of
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substances of wastewater in violation of this chapter to enable countermeasures to be taken by the
Utilities Superintendent to minimize damage to the wastewater treatment works. The notification
will not relieve any user of any liability for any expense, loss or damage to the wastewater
treatment system or treatment process, or for any fines imposed on the city on account thereof
under any state and federal law. Employers shall insure that all employees who may cause or
discover a discharge are advised of the emergency notification procedure. Penalty, see § 51.999
§ 51.091 PERMITTING SUBSTANCE OR MATTER TO FLOW OR PASS INTO PUBLIC
SEWERS.
No person having charge of any building or other premises which drains into the public sewer
shall permit any substance or matter which may form a deposit or obstruction to flow or pass into
the public sewer. Within 30 days after receipt of written notice from the city, the owner shall
install a suitable and sufficient catch basin or waste trap, or if one already exists, shall clean out,
repair or alter the same, and perform other work as the Utilities Superintendent may deem
necessary. Upon the owner*s refusal or neglect to install a catch basin or waste trap or to clean
out, repair, or alter the same after the period of 30 days, the Utilities Superintendent may cause the
work to be completed at the expense of the owner or representative thereof. Penalty, see § 51.999
§ 51.092 REPAIRING SERVICE CONNECTION.
Whenever any service connection becomes clogged, obstructed, broken or out of order, or
detrimental to the use of the public sewer, or unfit for the purpose of drainage, the owner shall
repair or cause the work to be done as the Utilities Superintendent may direct. Each day after 30
days that a person neglects or fails to so act shall constitute a separate violation of this section, and
the Utilities Superintendent may then cause the work to be done, and recover from the owner or
agent the expense thereof by an action in the name of the city. Penalty, see § 51.999
§ 51.093 CATCH BASIN OR WASTE TRAPS REQUIRED FOR MOTOR VEHICLE
WASHING OR SERVICING FACILITIES.
The owner or operator of any motor vehicle washing or servicing facility shall provide and
maintain in serviceable condition at all times a catch basin or waste trap in the building drain
system to prevent grease, oil, dirt or any mineral deposit from entering the public sewer system.
Penalty, see § 51.999
§ 51.094 SPECIAL AGREEMENT AND ARRANGEMENT.
No statement contained in this subchapter shall be construed as preventing any special
agreement or arrangement between the city and any industrial concern whereby an industrial waste
of unusual strength or character may be accepted by the city for treatment, subject to payment
therefor by the industrial concern; provided, that National Categorical Pretreatment Standards and
the city*s NPDES/SDS Permit limitations are not violated.
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USER RATE SCHEDULE FOR CHARGES
§ 51.110 CHARGES GENERALLY.
Each user of sewer service shall pay the charges applicable to the type of service, and in
accordance with the provisions set forth in this subchapter.
§ 51.111 PURPOSE.
The purpose of the subchapter is to provide for sewer service charges to recover costs
associated with operation, maintenance and replacement to ensure effective functioning of the
city*s wastewater treatment system, and local capital costs incurred in the construction of the city*s
wastewater treatment system.
§ 51.112 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ADMINISTRATION. Those fixed costs attributable to administration of the wastewater
treatment works such as billing and associated bookkeeping and accounting costs.
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. When used herein the term CITY may
also refer to the City Council or its authorized representative.
DEBT SER VICE CHARGE. A charge levied on users of wastewater treatment facilities for
the cost of repaying money bonded to construct the facilities.
INCOMPATIBLE WASTE. Waste that either singly or by interaction with other wastes
interferes with any waste treatment process, constitutes a hazard to humans or animals, creates a
public nuisance or creates any hazard in the receiving waters of the wastewater treatment works.
INDUSTRIAL USERS or INDUSTRIES.
(1) (a) Entitles that discharge into a publicly owned wastewater treatment works liquid
wastes resulting from the processes employed in industrial or manufacturing processes, or from the
development of any natural resources. These are identified in the Standard Industrial
Classification Manual, latest edition, Office of Management and Budget, as amended and
supplemental under one of the following divisions:
Division A. Agriculture, forestry and fishing
Division B. Mining
Division D. Manufacturing
Division E. Transportation, communications, electric, gas, and sanitary sewers
Division I. Services
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(b) For the purpose of this definition, domestic waste shall be considered to have the
following characteristics: BOD5 - less than 287 mg/l; Suspended solids - less than 287 mg/l.
(2) Any nongovernmental user of a publicly owned treatment works which discharges
wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids or
gases in sufficient quantity either singly or by interaction with other wastes to contaminate the
sludge of any municipal systems, or to injure or to interfere with any sewage treatment process, or
which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard
in or has an adverse effect on the waters receiving any discharge from the treatment works.
MAY. The term is permissive.
OPERATION AND MAINTENANCE. Activities required to provide for the dependable and
economical functioning of the treatment works, throughout the design or useful life, whichever is
longer of the treatment works, and at the level of performance for which the treatment works were
constructed. The term includes replacement.
OPERATION AND MAINTENANCE COSTS. Expenditures for operation and maintenance,
including replacement.
REPLACEMENT. Obtaining and installing of equipment, accessories or appurtenances which
are necessary during the design life or useful life, whichever is longer, of the treatment works to
maintain the capacity and performance for which the works were designed and constructed.
REPLACEMENT COSTS. Expenditures for replacement.
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.
SEWER SERVICE CHARGE. The aggregate of all charges, including charges for operation,
maintenance, replacement, debt service, and other sewer related charges that are billed
periodically to users of the city*s wastewater treatment facilities.
SHALL. The term is mandatory.
TOXIC POLLUTANT. The concentration of any pollutant or combination of pollutants as
defined in standards issued pursuant to Section 307(a) of the Act (33 USC 13 17(a)), which upon
exposure to or assimilation into any organism, will cause adverse effects.
USER CHARGE. A charge levied on a user of a treatment works for the user*s proportionate
share of the cost of operation and maintenance, including replacement.
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USERS. Those residential, commercial, governmental, institutional and industrial
establishments which are connected to the public sewer collection system.
WASTEWATER. The spent water of a community, also 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 the treatment.
§ 51.113 ESTABLISHMENT OF A SEWER SERVICE CHARGE SYSTEM.
(A) The city hereby establishes a Sewer Service Charge System whereby all revenue collected
from users of the wastewater treatment facilities will be used to affect all expenditures incurred
for annual operation, maintenance and replacement and for debt service on capital expenditure
incurred in constructing the wastewater treatment works.
(B) Each user shall pay its proportionate share of operation, maintenance, and replacement
costs of the treatment works, based on the users proportionate contribution to the total wastewater
loading from all users.
(C) Each user shall pay debt service charges to retire local capital costs as determined by the
City Council.
(D) Sewer service rates and charges to users of the wastewater treatment facility shall be
determined and fixed in a “Sewer Service Charge System” developed according to the provisions
of this subchapter. The Sewer Service Charge System shall be the system enacted prior to the
adoption of this code. The Ordinance Establishing Fees and Charges adopted pursuant to § 30.11
of this Code may be amended from time to time to include subsequent changes in sewer service
rates and charges.
(E) Revenues collected for sewer service shall be deposited in a separate fund. Income from
revenues collected will be expended to off-set the cost of operation, maintenance and equipment
replacement for the facility and to retire the debt for capital expenditure.
(F) Sewer service charges and the sewer service fund will be administrated in accordance
with the provisions of § 51.115.
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(G) A connection fee as fixed in the Ordinance Establishing Fees and Charges adopted
pursuant to § 30.11 of this Code, as that ordinance may be amended from time to time, shall be
charged to each user connecting a new service to the Sanitary Sewer System. The connection fee
shall be due and payable within 90 days of the date the connection is completed. Penalty, see §
51.999
§ 51.114 DETERMINATION OF SEWER SERVICE CHARGES.
The sewer service rates and charges to users of the wastewater treatment facility shall be as
established by ordinance or resolution prior to the adoption of this code, unless amended or
modified in the Ordinance Establishing Fees and Charges, adopted pursuant to § 30.11, as that
ordinance may be amended from time to time. Penalty, see § 51.999
§ 51.115 ADMINISTRATION.
The sewer service charge system and sewer service fund shall be administrated according to
the following provisions:
(A) The City Clerk shall maintain a proper system of accounts suitable for determining the
operation and maintenance, equipment replacement and debt retirement costs of the treatment
works, and shall furnish the City Council with a report of those costs annually in December. The
City Council shall annually determine whether or not sufficient revenue is being generated for the
effective operation, maintenance, replacement and management of the treatment works, and
whether sufficient revenue is being generated for debt retirement. The Council will also determine
whether the user charges are distributed proportionately to each user in accordance with §
51.113(B). The city shall thereafter, but not later than the end of the year, reassess and as
necessary revise the Sewer Service Charge System then in use to insure the proportionality of the
user charges and to insure the sufficiency of funds to maintain the capacity and performance to
which the facilities were constructed, and to retire the construction debt.
(B) In accordance with federal and state requirements, each user will be notified annually in
conjunction with a regular billing of that portion of the sewer service charge attributable to
operation, maintenance and replacement.
(C) In accordance with federal and state requirements, the City Clerk shall be responsible for
maintaining all records necessary to document compliance with the Sewer Service Charge System
adopted.
(D) Bills for sewer service charges shall be rendered on a monthly basis succeeding the
period for which the service was rendered and shall be due on the 15th of the month succeeding the period for which the service was rendered. Any
bill not paid in full by the 15th of the month will be considered delinquent. At that time the city
shall notify the delinquent owner/occupant in writing regarding the delinquent bill and
disconnection of services. Disconnection of services for late payment shall follow the procedures
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(E) The owner of the premises shall be liable to pay for the service to their premises, and the
service is furnished to the premises by the city only upon the condition that the owner of the
premises is liable therefore to the city.
(F) Any additional costs caused by discharges to the treatment works of toxics or other
incompatible wastes, including the cost of restoring wastewater treatment services, clean up and
restoration of the receiving waters and environs, and sludge disposal, shall be borne by the
discharger of the wastes, at no expense to the city.
§ 51.116 DISCONNECTION FOR LATE PAYMENT.
(A) It is the policy of the city to discontinue sewer service to customers by reason of
nonpayment of bills.
(B) That any customer disputing the correctness of his or her bill shall have a right to a hearing
at which time he or she may be represented in person and by counsel or any other person of his or
her choosing and may present orally or in writing his or her complaint and contentions to the city
official in charge of utility billing or the city council. This official or the city council shall be
authorized to order that the customer*s service not be discontinued and shall have the authority to
make a final determination of the customer*s complaint.
(C) Requests for delays or waiver of payment will not be entertained; only questions of proper
and correct billing will be considered.
(D) When it becomes necessary for the city to discontinue sewer service to a customer for
nonpayment of bills, service will be reinstated only after all bills for service then due have been
paid, along with a turn-on charge 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.
POWERS AND AUTHORITY OF INSPECTORS
§ 51.130 AUTHORIZED EMPLOYEES PERMITTED TO ENTER ALL PROPERTIES.
The Utilities Superintendent or other duly authorized employees of the city, bearing proper
credentials and identification, shall be permitted to enter all properties for the purpose of
inspection, observations, measurement, sampling and testing pertinent to the discharges to the
city*s sewer system in accordance with the provisions of this chapter.
§ 51.131 AUTHORIZED EMPLOYEES OBTAINING INFORMATION FOR INDUSTRIAL
PROCESSES.
The Utilities Superintendent or other duly authorized employees are authorized to obtain
information concerning industrial processes which have a direct bearing on the type and source of
discharge to the wastewater collection system. An industry may withhold information
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considered confidential; however, the industry must establish that the revelation to the public of the
information in question might result in an advantage to competitors.
§ 51.132 AUTHORIZED EMPLOYEES TO OBSERVE SAFETY RULES.
While performing necessary work on private properties, the Utilities Superintendent or duly
authorized employees of the city shall observe all safety rules applicable to the premises
established by the company, and the property owner shall be held harmless for injury or death to
the city employees and the city shall indemnify the property owner against loss or damage to its
property by city employees and against liability claims and demands for personal injury or
property damage asserted against the company and growing out of the gauging and sampling
operation, except as may be caused by negligence or failure of the company to maintain safe
conditions as required in § 51.087.
§ 51.133 AUTHORIZED EMPLOYEES PERMITTED TO ENTER ALL PROPERTY WITH
EASEMENTS.
The Utilities Superintendent or other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all private properties through which the
city holds a duly negotiated easement for the purposes of but not limited to inspection, observation,
measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying
within the easement. All entry and subsequent work, if any, on the easement shall be done in full
accordance with the terms of the duly negotiated easement pertaining to the private property
involved.
§ 51.999 PENALTY.
(A) (1) Any person found to be violating any provisions of § 51.001 through 51.094 and
51.130 through 51.133 shall be served by the city with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory correction thereof. The
offender shall, within the period of time stated in the notice, permanently cease all violations.
(2) Any person who shall continue any violation beyond the time limit provided for in
division (A) of this section shall be punished as provided in § 10.99. Each day in which any
violation occurs shall be deemed as a separate offense.
(3) Any person violating any of the provisions of § 51.001 through 51.094 and 51.130
through 51.133 shall become liable to the city for any expense, loss or damage occasioned by the
city by reason of that violation.
(B) (1) Each and every sewer service charge levied by and pursuant to § 51.110 through
51.118 is made a lien upon the lot or premises served, and all charges which are on October 31 of
each year past due and delinquent shall be certified to the County Auditor by November 30 as
taxes or assessments on the real estate. Nothing in § 51.110 through 51.118 shall be held or
construed as in any way stopping or interfering with the right of the city to levy as taxes or
assessments against any premises affected any delinquent or past due sewer service charges.
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(2) As an alternative to levying a lien, the city may, at its discretion, file suit in a civil
action to collect amounts as are delinquent and due against the occupant, owner or user of the real
estate, and shall collect as well all attorney*s fees incurred by the city in filing the civil action.
Attorney*s fees shall be fixed by order of the court.
(3) In addition to all penalties and costs attributable and chargeable to recording
notices of the lien or filing a civil action, the owner or user of the real estate being serviced by the
treatment works shall be liable for interest upon all unpaid balances at the rate of 8% per annum.