HomeMy WebLinkAbout2003 [09] Sep 23 {Book 28}
· www.cityofstjoseph.com ity of St. Joseph
Joint St. Joseph City Council and Planning Commission
September 23, 2003
25 College Avenue North 7:00 PM
PO Box 668
51. Joseph. MN 56374
(320) 363-7201
Fax: (320) 363-0342 1. 7:00 PM Public Hearing - Amendments to Ordinance 52 - Zoning
ADMINISTRATOR a. 52.07.2 (c) Variance - Limiting suècessive applications
Judy Weyrens b. 52.07.3 (g) and (i) Special Use - Appeal rights; Limiting
successive applications.
MAYOR c. 52.07.4 (e) and (f) Interim Use - Appeal rights; Limiting
Larry J. Hosch successive applications.
d. 52.07.5 (d) Rezoning - Limiting successive applications
COUNCILORS e. 52.11.3 (I) Temporary Leasing Signs - Provision for such
Alan Rassier f. 52.27.7 (b) R1 Single Family-10' Side Yard Setback
Ross Rieke g. 52.29.9 R3 Multiple Family - Exterior Requirements
h. 52.33.4 (f) Industrial - Allowance for Indoor Firing Range
Gary Utsch i. 52.14.6 (c) Allowance for accessory buildings in
Dale Wick Manufactured Home Community Parks
2. 7:20 PM Graceview Plat 2
a. Sidewalk relocation
· b. Extension of Callaway Street
3. 7:30 PM City Engineer-Discussion on Development and Tree Preservation
4. 7:55 PM Adjourn
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St. Joseph City Council
September 23, 2003
8:00 PM
1. 8:00 PM Ordinance Amendments
a. Ordinance 44 - Water and Sewer Access Fee
b. Ordinance 41 - Water Ordinance
c. Ordinance 42 - Sewer Ordinance
d. Ordinance 71.11 - Clarification on minor consumption
2. Adjourn
·
· NOTES TO THE AGENDA.......................
Amendments to Ordinance 52 Please find to follow the amendments as discussed by the Planning
Commission. All the additions are while the deleted items are
stricken.
Procedurally the meeting is a joint hearing between the City Council and
Planning Commission. Therefore both the Chair of the Planning
Commission and Mayor call the meeting to order.
When the discussion is completed the Planning Commission must make
a motion recommending denial or approval of the Ordinance
Amendments. Since the Amendments are just fragments of larger
Ordinances it would be appropriate to make one motion for all denials
and one motion for all approvals. It is not necessary to separate the
actions unless there is a particular amendment that is contentious.
After the Planning Commission has taken action the Council must take
action with the similar procedure.
Graceview Sidewalk Bob Herges and Rick Heid are requesting to relocated the trails in
Graceview so that they do not meander through the middle of residential
· lots. The original plan presented and approved by the Planning
Commission showed the trail system in the front yards of some
residences. However, after construction of the homes and viewing the
placement for the trails, some of the residents have expressed concern
with trails near their front windows. Bob and Rick are proposing to
move the trail system behind the curbs so they do not separate front
yards. Since this is a change in the preliminary plat the Council and
Planning Commission should act on this request. If you have the
opportunity go out to Graceview before the meeting, you can see where
the trails will be located if they are allowed to be moved. Please call me
if you have any questions.
Graceview Callaway Street This matter is for consideration by the Council. The Developers
Agreement for Graceview 2 included the provision that a construction
road must be constructed to County Road 121 in the area known as
Callaway Street. However, this road cannot be constructed until school
is out in 2004. The Developers are willing to contribute their total
financial contribution ($ 250 per acre) for all of Graceview Estates and
pay an additional contribution if the City would consider building the
actual road in 2004. Tom Herkinof, Engineer for Herges and Heid, have
estimated the road cost to be $ 110,000. I will be forwarding this
information to Joe Bettendorf and he will have more information at the
meeting. The Council does not need to decide at this meeting if the road
will be built. Rather, Bob and Rick are requesting the Council consider
· this mater over the next few months and make a determination by March
1,2004. They are asking that the provision in the developer's agreement
requiring the construction road to be re-drafted to omit the road if the
City agrees to build the road. If the City does not build the road they are
asking to not build a rural section road, rather a road with class 5 for
· construction traffic only. The discussion item therefore includes what is
the intent of the Council for this road.
Again, any action on this matter should be voted on by the City Council
and should authorize an amendment to the Developer's Agreement.
Tree Preservation A resident on 16th Avenue SE approached the Council in August
regarding the number of trees that were removed during the construction
of Liberty Pointe. The resident requested the Council discuss this matter
and determine how this could be prevented in the future. Joe Bettendorf
has requested the opportunity to address the Council and Planning
Commission. Therefore he will be doing so at this meeting.
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City Council Ordinance Amendments
Water and Sewer Access As discussed previously, the proposal in your packet is to use the MET
Council fee schedule for determining WAC and SAC Fees. The process
has been used since 1973 and is intended to charge a utility access fee
based on usage. This matter has been discussed by staff and appears to
be the most equitable manner for determining fees. It was discussed if
· the new fees would deter development and the EDA consultants
indicated it would not as developers view WAC/SAC fees in the same
manner as building permit fees. The Cities of Sartell and St. Augusta
have already adopted the fee schedule. The Council requested this
matter be considered as a public hearing and accept testimony.
Therefore, the St. Cloud Times is doing an information article on the
upcoming meeting.
The new fee schedule would become effective upon publication. We
have shared the new fee schedule with the developers of current projects
and have indicated that the City would charge the fee that was in place
when the project was submitted for approval. Therefore, the upcoming
projects will be charged under the old method.
Water Ordinance We have not had time to get the exact Ordinance ready, but the
comments from Joe Bettendorf are included in your packet. The
Ordinance needs to be amended to require that all residents connect to
the municipal water system with 90 days of availability, to remove the
access fee portion from the Ordinance and some minor design standards.
(Please see the email from Joe Bettendorf)
Sewer Ordinance The City of St. Cloud has required that all participating Cities review
their Sewer Connection Ordinance, updating the terminology. The
revised Ordinance is included in your packet of information.
· Minor Consumption The Ordinance needs to be amended to allow the City to charge
administratively for minor consumption. We will provide the Council
with this update on Tuesday night.
Ordinance 52.07.2 (c) Variance
· shall review the decision of the Board of Appeals and Adjustments within
thirty (30) days after notice of said appeaL The City Council shall make
its order deciding the matter and serve a copy of such order upon the
appellant or the petitioner by mail within ten (10) days after its decision.
iC) Successive Applications: Whenever anapplication for a variance has been
considered and denied by the City Council, a similar application for a variance
affecting substantially the same property shall not be considered again by the
PlanningCommissionorCity Councilfor atleast six (6)months from the date of .
its denial; unless' a decision toreconsider such matter is made by not less than
four- fifths (4/5) vote of the full City CounciL
d) Lapse of Variance. If within one (1) year after granting a variance the work
permitted is not started such a variance shall become null and void unless a
petition for an extension has been approved by the City Council.
Subd.3: Special Use Permit.
a) Purpose and Scope. The purpose of this Section of the Zoning Ordinance is to
provide the Planning Commission and City Council with a reasonable degree of
discretion in determining the suitability of certain designated uses upon the
general welfare and public safety.
· b) Issuance. Special use permits may be issued for any of the following:
1. Any of the uses or purposes for which such permits are required or
permitted by the provisions of this Ordinance.
2. Public utility or public service uses or public building in any district when
found to be necessary for the public health, safety, convenience or welfare.
3. To classify as a conforming use any non-conforming institutional use
existing in any district at the time of the establishment of such district.
c) Application. Applications for Special Use Permits and required fees shall be
submitted the City Administrator/Clerk. The application shall be accompanied by
a site plan containing such information as is necessary to show compliance with
this Ordinance, including but not limited to:
1. Description of site (legal description).
2. Site plan drawn at scale showing parcel and building dimensions.
3. Location of all buildings and their square footage, and the location of
easements.
·
52.07-4
Ordinance 52.07.3 Special use
· g) Appeals~ -AlLdecisionsby the City Council involving a special use permit shall be
final exceptthat an aggrieved person or persons shall have the right to file an
appeal within thirty (30) days ofthedecisionwith the Stearns County District
Court.
h) Conditions. In recommending or approving any special use permit, the Planning
Commission and the Council may impose conditions which are considered
necessary to meet the standards of this Ordinance and to protect the best interests
of the surrounding area or the City as a whole. Violation of any such condition is
a violation of this Ordinance. These conditions may include but are not limited to
the following:
1. Ingress and egress to property and proposed structures thereon with
particular reference to vehicle and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or other catastrophe.
2. Off-street parking and loading areas where required and the economic
effect, noise, glare, or odor of the special use on nearby property.
3. Refuse and service areas.
4. Utilities with reference to location, availability and compatibility.
· 5. Diking, fencing, screening, landscaping or other facilities to protect
adjacent or nearby property.
6. Signs, if any, and proposed exterior lighting with reference to glare, traffic
safety, economic effect and compatibility and harmony with properties in
the district.
7. Required yards and other open space.
8. General compatibility with adjacent and other property in the district.
i) Successive Applications: Whenever an application for a special use permit has
been considered and denied by the City Council, a similar application for a special
use permit affecting substantially-the same property shall not be considered again
by the Planning Commission· or City Council for at least six (6) months from the
date of its denial; unless a decisionto reconsider such matter is made by not less
_ . than four-fifths (4/5) vote of the full City Council.
j) Expiration. If substantial construction has not taken place within one (1) year after
the date of a special use permit, the permit is void except that, on application, the
Council, after receiving the recommendation of the Planning Commission, may
· extend the permit for an additional period not to exceed one (l) year. A special
52.07-7
Ordinance 52.07.4 Interim Use
· 2. A violation of the conditions under which the permit was issued; or
3. A change in the City's zoning regulations which render the use
nonconforming.
e) Successive Applications: Whenever an application for an interim use permit has
been considered and denied by the City Council, a similar application for an
interim use affecting substantially·the same property shall not be considered again.
by the Planning Commission or City Council for at least six (6) months from the
date of its denial; unless a decision to reconsider such matter is made by not less
than four-fifths (4/5) vote ofth,e full City Council.
f) Appeal: All decisions by the City Council involving an Interim Use Permit
request. shall be final exceptthat·anaggrieved person or persons shall have the
righttofile an appeal within thirty (30) days ofthe decision with the Steams
County D~strict Court.
Subd. 5. Text Amendments and Rezoning of Parcels Depicted on the Official Zoning
Map.
a) General. This Ordinance, which includes the official zoning map, may be
· amended by following the procedure specified in this section.
b) Initiation. An amendment may be initiated by the following procedures:
1. Upon the initiative of the City Council or the Planning Commission, or
2. By petition of fifty percent (50%) or greater of the property owners
affected by the proposed amendment and fifty percent (50%) of those
property owners within three hundred fifty (350) feet of the proposed
change. If a property owner initiates a rezoning request the owner shall
provide a boundary survey and preliminary building and site development
plans prior to consideration of the request.
3. If the proposed rezoning request is consistent with the proposed future
land use identified in the City's Comprehensive Plan, an owner may
petition for the rezoning without signature of 50% of the affected property
owners within 350 feet. If a property owner initiates a rezoning request
the owner shall provide a boundary survey and preliminary building and
site development plans prior to consideration of the request.
c) Action by Planning Commission.
1. An amendment not initiated by the Planning Commission shall be referred
· to the Commission for study and report, and the Council shall not act on
52.07 -9
Ordinance 52.07.5 Rezoning
· a) Payment Required. Any person filing a petition requesting an amendment,
appeal, adjustment, special use permit or variance shall pay a fee according to the
schedule established by the City Council.
b) Amount. Fees payable under this section for an amendment or rezoning, appeal,
special use permit, or variance shall be in an amount as established by resolution
of the City Council. The fee is payable at the time of filing a petition and is not
refundable. In addition to the above fees and in the event the City incurs
professional fees, either legal, engineering or professional planners, or any other
cost, including but not limited to, postage and publication expenses, the applicants
shall reimburse the City for those fees, and the City officials may require a
deposit for these fees prior to the final hearing on the application.
c) Contents of Petition. The petition shall give the street address of the land as to
which the petition is made, contain a legal description thereof, state the mailing
address of the owner, and clearly describe the structure to be built or altered if the
petition is granted, or if the petition is for a change in any regulations of this
Ordinance, it shall state the change and the reasons therefore. The petition shall
also contain any other information which is required by other Sections of this
Ordinance. The Planning Commission may require the petitioner to submit a
certificate by a registered land surveyor verifying the front, rear and side-yard
setbacks of all buildings and structures situated on or adjacent to the property
· described in the petition.
d) Successive Applications: Whenever an application for an amendment has been
considered and denied by the City Council, a similar application for a amendment
affecting substantially the.same property shall not be considered again by the
Planning Commission or City Council for at least six (6) months from the date of
its denial; unless a decision to reconsider such matter is made by not less than
four-fifths (4/5) vote ofthe full City Council. .
·
52.07-11
Ordinance 52.11.3 Temporary Signs
· 1) -Temporary.cLeasing Signs. Temporary signs advertising available lease space are
permitted inallBusinessandIndustrial Zoning Districts and are subject to the
following regulations:
L The temporary sign must be located on the same premise as the available
lease space.
2. The size. of the temporary leasing sign cannot exceed the maximum
allowed business sign in the zoning district where the sign is to be located.
Subd.4: Advertising Signs and Billboards. For purposes of this section, an advertising
sign or billboard shall be a sign which directs attention to a business, profession, commodity,
service or entertainment which is sold or offered on a premises other than that on which the sign
is located. No advertising signs or billboards are permitted within the City of St. Joseph.
Advertising signs existing at the time of adoption of this ordinance shall not be expanded and
shall be subject to the requirements of Section 52.08 of this ordinance applicable to non-
conforming uses.
Subd. 5: Business Signs. Business or industrial signs may be erected, attached or painted
on to a structure, and maintained in conjunction with a commercial or industrial use provided the
Business Sign meets the minimum standards.as stated in each zoning district.
· a) Such sign cxeept a directional sign, is ercctcd only on thc premiscs on 'vvhich the
usc, to vv'hich the sign rclatcs, is conducted.
b) Notvvithstanding thc abovc, vv'hcrc tvvo or morc separatc and individual
commcfcial or industrial opcrations arc conducting busincss in scparatc arcas of a
single building or strueturc, in vv'hich caeh opcration O'Nns or leascs separatc and
indi'v'idual prcmiscs, but share in the usc and maintcnancc of common areas
vv'Ìthin or around the strueturc, then and in thosc eircumstanccs, cach individual
busincss opcration may bc permittcd to display an individual business sign as
provided in subdivisions a) and b) of this Scction, cxeept that said sign must bc
dircctly attachcd to that particular prcmises actually oeeupicd by thc busincss
operation to which the sign rclatcs. In addition to thcsc individual busincss signs,
thc combination ofbusincss opcrations occupying thc structurc, may maintain a
50 square foot sign dctachcd from thc structurc idcntifying the structurc, the
indi'lidual busincss opcrations locatcd thcrcin, or othcr rcfcrcncc to the
combination ofbusincss operations located 'vvithin thc structurc. For purposcs of
this subdivision, a combination of tvvo or morc busincss operations ""v'ithin a single
structurc inc1udcs, but is not limitcd to, shopping centers, shopping malls, and
subdi'v'ided retail, office or industrial buildings offcrcd for leasc or condominium
ownership.
Subd.6: Sign Removal. All signs not maintained and kept in good repair shall besubject
· to removal upon direction of the City Building Inspector.
52.11-4
Ordinance 52.27 Single Family
. Subd. 7: Setback Requirements.
a) Front yard setbacks of not less than 30 feet on all public right-of-ways, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure or,
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) The sideyanl setb~ck shall beten (10) feet from the property line for the main
structure and any garage or accessory structure. from thc main structurc and five
. (5) fcct from garagc or acccs30ry building. Where the side yard abuts a public
right of way, the side yard setback shall be twenty (20) feet from the main
structure and any garage or accessory structure.
c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd.8: Height Requirements.
a) No building shall exceed 22 stories or shall it exceed 35 feet in height. Berming
the building does not allow a building to be constructed higher than 35 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd.9. Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
Subd. 10. Signs.
a) In R-l Single Family Districts the following requirements shall apply to all signs:
1. No sign shall be placed closer than ten feet (10') to any property line,
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except directional signs which have a zero foot (0') setback.
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52.27-4
Ordinance 52.29 Multiple Family
. or greater than five (5%) percent of the construction cost of the principal
structure, subtract 75 square feet per unit.
g) If the multiple dwelling unit contains indoor recreation and social rooms equal to
twenty-five (25) square feet per unit or 1,000 square feet, whichever is greater;
subtract 50 square feet per unit.
Subd.7. Setback Requirements.
a) The front yard of any R-3 residence shall be 35 feet from the lot line.
b) The side yard of any R-3 residence shall be 20 feet from the lot line, unless the
side yard abuts a street or highway in which case the setback shall not be less than
30 feet. In the event the side yard of an R-3 residence abuts another residential
district, all principal structures shall be set back 50 feet from the property line.
c) The rear yard of any R-3 residence shall be 40 feet from the lot line.
d) All building permit requests must be accompanied by a building plan and a
landscape plan acceptable by the Planning Commission.
e) No part ofthe structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
. Subd. 8. Height Requirements. No structure shall exceed the lesser of 3 stories or 40 feet
in height except as hereinafter provided. Berming the building does not allow a building to be
constructed higher than 40 feet. Elevation for the building shall be determined by the average
grade of the land.
Subd. 9. Exterior Requirements. All exterior wall finishes on any building shall include
2 or more combinations of the following materials: face brick, natural stone, wood textured
precast concrete panels, textured concrete block, stucco and pre-finished decorative panels made
of metal, vinyl or wood.
Subd. 10. Signs. In R-3 Multiple Family Districts the general provisions apply to all
sIgns:
a) No sign shall be placed closer than ten feet (10') to any property line, except
directional signs which have a zero foot (0') setback.
1. No sign shall be placed in any interior side yard
2. No sign shall be mounted on the roof of a building.
3. No signs shall violate the side or rear yard requirements.
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52.29-4
Ordinance 52.33.4 Industrial
. a) Adult Entertainment as regulated in Section 52.15 of this Ordinance.
b) Commercial activities relating to production systems, structural maintenance
programs or the construction industry.
c) Service structures, public or private, designed and used to serve the uses in the
surrounding area, such as electric power substation, telephone buildings, deep
wells, elevated tanks and similar structures and uses.
d) CommerciaVIndustrial Planned Unit Development.
e) When property within a Light Industrial District abuts County State Aid Highway
75:
1. Motels
2. Gasoline service stations
3. Restaurant or supper clubs
4. Drive-in establishments, provided that an internal site pedestrian
circulation system shall be defined and appropriate provisions made to
. protect such areas from encroachments by parked cars or moving vehicles.
5. Open sales or temporary rental lots
'f)..' Indoor Firing. Range provided that:
1. The firing range shall not be located on any lot adjacent to an existing
Residential, EducationalÆcc1esiastical or Public District.
2. The firing Range shall notbe located within one thousand (1,000) lineal
feet, measured from building to building, of an existing firing range or
establishment licensed tQdispense intoxicating or non-intoxicating
beverages.
3. Theuse,occupancyandconstruction of the building shall conform to the
Minnesota State Building Code.
4. The building and method of operation shall conform with the applicable
Minnesota Pollution Control Agency, EnvironmentalProtection Agency,
and OSHA standards for. indoor ventilation, emission into the . atmosphere, !
indoor sound levels, lead containment and outside noise standards.
:5. The design and construction ofthefiring range shall completely confine
- all ammunition rounds withìnthe.building and in a controlled manner.
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52.33-3
. The de&ign and construction of the firing range shall be certified by a
registered engineedntheState of Minnesota. The certified plans shall
include the specifications and construction of the bullet trap (s), ceilings,
exterior and interior walls al1d floors. The certified plans shall state what
type and caliber of ammunition the range is designed to totally confine.
6. No ammunition shallbe.usedin the range that exceeds the certified design
and construction specifications of the firing range.
7. A written log of range users shall be maintained by the range operator and
available for inspection by the City all any/all times. The name and
address ofthe user shall be verified by photo identification. The log shall
include, but not be limited to the following:
a. Name, Address and phone number of the range user.
b. Time and date the user was in the range
¡c. If aged twenty.,.one (21)' or more. a photocopy of the individual's
permit to carry a dangerous weapon.
8. Firearms shall not be stored on the premises when the range is closed for
Business.
9. On-site supervision shall be supplied at all times by an adult with
. credentials as a range operator. Therange operator shall be responsible
for the conduct of their place of business and the conditions of safety and
order in the place· of business. and on the premises.
10. Theapplicantshallprovide and maintain proof of liability insurance which
shallrequire the insurer. notify the City Administrator in writing within ten!
(1 0) business days of cancellationofthepolicy, a change in the limit of
the policy and/or a change in policy ownership. Said policy shall be
available for inspection by the City Administrator and/or his/her assigns at
. all times.
11. On site instruction shall be given only by Certified Firearms Instructors.
Current certificates for . firearms instructors shall be on display ina
conspicuous location inthepremises and available for public inspection at
all times.
12. An outside security plan for the general grounds shall be submitted to the
City Administrator or designee for review and approval.
13. The transport offirearms on the premises, to the premises and from the
premises shall çonform to State Law.
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52.33-4
. 14. Minor'sshallnotbeallowedin the range unless accompanied by an adult
at alltimes.- Thispr()vision shallnotbe interpreted to prohibit minors
from participating in a firearm safety class which is supervised by an adult'
instructor.
15. Indoor firing ranges shall not sell or dispense intoxicating liquors, nor
shall they be in abuilding which contains a business that sells or dispenses
non-intoxicating or intoxicating liquors.
16. The Çouncilres.erves the authority to review or modify the performance
standards for the range.
Subd.5: Lot Area Requirements. Minimum Lot Size: One (1) acre (43,560 square feet).
Minimum lot width one hundred (100) feet.
Subd.6: Setback Requirements. No part of the structure including footings, soffits,
gutters or other overhangs shall encroach on easement areas.
Front Yard Setbacks.
a) Front yard setback shall be thirty (30) feet from the lot line. On comer lots, the
setback from all lot lines abutting a street shall be thirty (30) feet. When an
. industrial district lot is separated from a residential zone by a city street, the
setback from the lot line shall be one hundred (100) feet.
b) Front yards abutting any roadway: the setback shall be landscaped as in
accordance to the requirements of any applicable protective covenants and such
reasonable requirements as established by the Planning Commission, and shall not
be used for parking.
Side Yard Setbacks.
a) Side yard setback shall be at least twenty-five (25) feet from the lot line.
b) A Light Industrial District side yard adjacent to a residential boundary line shall
provide for a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. A portion of this landscaped strip shall be planted to provide a
screen. The governing body may require additional side yard setback in these
cases. When such additional width is required, such additional width shall not
exceed one hundred (100) feet and paring in this area will be permitted.
c) Side yard boarding upon any roadway: the setback shall be landscaped in
accordance with any applicable protective covenants and such reasonable
requirements as established by the Planning Commission.
- Rear Yard Setback.
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52.33-5
Jrdinance 52.14.6 Manufactured Home
. y) Manufactured Home Parks may be subject to additional requirements contained in
this Ordinance including, but not limited to the sections governing parking, home
occupations, flood plain/shore land, signs, etc.
Subd. 6: Manufactured Home Park Lot Requirements.
a) Each manufactured home site shall contain at least five thousand (5,000) square
feet of land area for the exclusive use of the occupant and shall be at least fifty
(50) feet wide.
b) Manufactured homes shall be placed upon manufactured home lots so that there
shall be at least a twenty (20) foot clearance between manufactured homes and
twenty- five (25) feet between the front of the manufactured home and the front lot
line and twenty (20) feet between the rear ofthe manufactured home and the rear
lot line.
.
d) All structures shall require a building permit.
e) The area occupied by a manufactured home shall not exceed fifty percent (50%)
of the total area of a manufactured home lot.
f) All manufactured homes installed in a manufactured home park shall be placed
upon stands approved by the City and properly anchored to the ground. The
anchoring system shall be installed in conformance with applicable sections of the
State Building Code.
g) A minimum of one healthy tree per lot shall be maintained at all times. Tree
varieties shall be native to the St. Joseph area. Trees shall be bound and
burlapped with a minimum trunk diameter of two (2) inches. Tree varieties and
sizes proposed are subject to approval by the City.
- h) Each manufactured home unit shall be skirted at its base with a durable material
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52.14-6
ORDINANCE 44
· AN ORDINANCE ESTABLISIDNG WATER AND SEWER SYSTEM
A V AILABILITYCHARGES
. The City Council for the City of S1. Joseph, HEREBY ORDAINS:
That Sections 41.2 and 42.4, Subd. 2 of the S1. Joseph Code of Ordinances are hereby repealed,
and replacèd with thi~ ()rdinance44_~ti_c;h"l'~aclª_?Sfollows:
-----._---- ~.._--
"ORDINANCE 44: WATER AND SEWER SYSTEM AVAILABILITY CHARGES.
Section 44.1: Water and Sewer Availability Chan!es. Pursuant to Minnesota Statutes
Chapter 444.075 and all other powers delegated by the State of Minnesota, the City of St Joseph
hereby adopts charges to pay for the construction, reconstruction, repair, enlargement,
improvement and for the availability of potable water treatment, supply, storage and distribution
facilities; and for wastewater treatment, disposal and conveyance facilities. These charges, to be
known as Water Availability Charges (WAC) and Sewer A vailability Charges (SAC) shall be in
the amounts established in Section 5 herein. These charges are in addition to all other permit
fees, special assessments and connection charges heretofore established by the City.
Section 44.2: Water System Availability Permit Required. It shall be unlawful for
any person to connect any structure, property or building addition to the municipal water system
of the City, either directly or indirectly, or to install or alter any water supply plumbing system
· that is subject to the provisions ofthis ordinance, without first making written application to, and
obtaining, a Water System Availability Permit from the City Administrator/Clerk's Office. The
WAC fee required herein must be paid before the City will issue a plumbing permit for said
connection to the municipal water system. Connection must be completed within two weeks of
issuance of a permit. No prepayment ofW AC fees is allowed.
Section 44.3: Sewer System Availability Permit Required. It shall be unlawful for
any person to connect any structure, property or building addition to the municipal sewer system
of the City, either directly or indirectly, or to install or alter any wastewater collection plumbing
system that is subject to the provisions of this ordinance, without first making written application
to, and obtaining, a Sewer System Availability Permit from the City Administrator/Clerk's
Office. The SAC fee required herein must be paid before the City will issue a plumbing permit
for said connection to the municipal sanitary sewer system. Connection must be completed
within two weeks of issuance of a permit. No prepayment of SAC fe.es is allowed.
Section 44.4:Chan!es. The WAC and SAC charges for all structures or properties to be
connected to the municipal water and sanitary sewer systems shall be determined by multiplying
the "Base Rate" as shown in Table 1, by the applicable WAC/SAC criteria as shown in Table 2.
The City Council may adjust the Base Rate by Resolution at any time deemed appropriate by the
City Council.
·
Table 1
Base Rate Schedule for Water and Sewer Availability Charges ·
09/01/03 through 10/31/04 After 10/31/04
WAC $1,250.00 $2,500.00
SAC $1,250.00 $2,500.00
Table 2
'Vater Availability Charge/Sewer Availability Charge Criteria
FACILITY PARAMETER SACfWAC
Single Family Residence Residential Unit 1 1
Multiple Family Residence (per residential unit) each Residential Unit 1 1
Animal Clinic (humane societies, animal research, boarding, etc.)
Animal holding areas 17 fixture units 1 1
Animal runs-(kennels) 34 fixture units 1 1
Archery (6 feet/lane) 6 lanes 1 1
Arenas (bleachers 18 inches/person) 110 seats 1 1 ·
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Auditoriums (7 square feet/person) 110 seats 1 1
Automobile Service
Fast service (less than 4 hours/car) 2 service bays 1 1
Major service (more than 4 hours/car) 14 employees 1 1
Car dealership (charges for office, retail, etc. are separate at established rates)
2 service bays 1 1
Fast service (number of service bays x 30%) 2 service bays 1 1
Major service (Number of service bays x 70% x 1 emp10yeelbay)
14 employees 1 1
Ballroom (exclude dance floor)
Facility without liquor service 825 square feet 1 1
Facility with liquor service 590 square feet 1 1
Bank (exclude bank vault) 2400 square feet 1 1
·
2
FACILITY PARAMETER SAC/WAC
. Banquet Room (15- square feet/person)
Food catered 2,060 square feet 1 1
Food catered with dishwashing 1,180 square feet 1 1
Food catered with liquor 1,028 square feet 1 1
Food catered with dishwashing and liquor 750 square feet 1 1
Food preparation arid dishwashing 825 square feet 1 1
Food preparation with dishwashing and liquor 590 square feet 1 1
Barber 4 chairs 1 1
Batting Cages (6 feet/lane) 6 lanes 1 1
Beauty Salon 4 cutting stations 1 1
Bingo Hall (used only for bingo) 110 seats 1 1
Boarding House (dorm rooms) 5 beds 1 1
Body Shop (major service - more than 4 hours/car, no vehicle washing)
14 employees 1 1
. Bowling Alleys (does not include bar or dining area) 3 alleys 1 1
Camps (number of gallòns x occupant or site)
Children's camps (central toilet and bath; overnight, primitive 274 gallons 1 1
cabins; number of occupants x 50 gallons/occupant)
Dav camps (no meals served; number of occupants x 10 274 gallons 1 1
gallons/occupant)
Labor/construction camps (number of occupants x 50
gallons/occupant
Resorts (housekeeping cabins; number of occupants x 60 274 gallons 1 1
gallons/occupant)
Travel trailer parks-
With water and sewer hookup (number sites x 100 gallons/site) 274 gallons 1 1
With central toilet and showers (number of sites x 75 gallons/site) 274 gallons 1 1
Sanitary dump (sites without hookup; number of sites x 10 274 gallons 1 1
gallons/site)
Car Wash Review by City Engineer
Catering Review by City Engineer
Churches (for sanctuary, nave, chancel; 7 square feet/person 275 seats 1 1
- seating area; remainder use other criteria; sacristy and ambulatory at
no charge)
-
3
FACILITY PARAMETER SAC/WAC
Cocktail lounge (no food service) 23 seats 1 1 ·
Coffee Shop (no food service) 23 seats 1 1
Correction Facility (prison) 2.5 inmates 1 1
Court Rooms 1,650 square feet 1 1
Dorm Rooms (on and off campus; charge for classrooms is 5 students 1 1
additional)
Daycare
Number of children for which facility is licensed 14 children 1 1
Child/adult play area (not licensed) 490 square feet 1 1
Dry Cleaners (retail) 3,000 square feet 1 1
Elder Housing (at 100% of current SAC rate; see formula below to
determine the number ofresidents)
No washer/dryer in each unit 3 residents 1 1
Washer/dryer in each unit 2.5 residents 1 1
Three bedroom unit with washer/dryer (separate from formula below) ·
Calculate the number of residents as follows:
Number of efficiency units x 1.0 residents/unit -
+ Number of one-bedroom units x 1.5 residents/unit)
+ Number of two-bedroom units x 2.0 residents/unit)
+ Number of three-bedroom units x 3.0 residents/unit)
Total number of residents for SAC calculation
Exercise Area/Gym (juice bars at no charge; sauna and whirlpool
700 square feet included) 1 1
No showers 2,060 square feet 1 1
Fire Station (charges for office, meeting rooms, etc., are separate, at established rates)
Washing (hose tower, truck) 274 gallons 1 1
Full time, overnight people (75 gallons/person) 274 gallons 1 1
Volunteer (occasional overnight stays) 14 volunteers 1 1
Funeral Home (charge for viewing areas only: i.e., chapel) 770 square feet 1 1
Apartment 1 apartment 1 1
Game Room (billiards, video and pinball games)
With bar 590 square feet 1 1
Without bar 2,060 square feet 1 1 ·
4
FACILITY PARAMETER SAC/WAC
. Golf Course (if facility has showers, use Locker Room criteria for those areas)
18 hole 3 3
9 hole (par 3) 2 2
Miniature 3 3
Country club (private)
Dining room (used only on evenings and weekends) 15 seats 1 1
Bar and grill (with bar and grill separate)
Bar only 23 seats 1 1
Grill 15 seats 1 1
Golf Dome or Driving Range 6 driving stations 1 1
Greenhouse
Area not open to the public 15,000 square feet 1 1
Area open to the public 5,000 square feet 1 1
General retail area 3,000 square feet 1 1
Group Home
Secondary treatment (residents leave during the day) 5 beds 1 1
Primary treatment (residents stay all day) 3 beds 1 1
. Guest Rooms (in an apartment or condominium complex; charge
SAC as apartment)
Washer/dryer 100% of current SAC rate
No washer/dryer 80% of current SAC rate
No kitchen 50% of current SAC ràte
Handball and Racquetball Courts 1 court 2 2
Hospitals (licensed beds or baby cribs) 1 bed 1 1
Outpatient clinic 17 fixture units 1 1
Sterilizers (4 hours x gallons per minute x 60 minutes) 274 gallons 1 1
X-rav film processors (9 hours continuous operation; 4 274 gallons 1 1
hours intermittent operation; operation time (hours) x
gallons per minute x 60 minutes)
Dental clinic vacuum device (9 hours x gallons per minute x 274 gallons 1 1
60 minutes)
Ice Arena
Showers (see Locker Rooms)
Team Rooms (plumbing fixture units) 17 fixture units 1 1
Bleachers 110 seats 1 1
Ice resurfacers (if discharge goes to the sanitary sewer) 4 4
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5
FACILITY PARAMETER SAC/WAC
Laundromat (required water volume for cycle time x 8 cycles/day) .
274 gallons 1 1
Library (subtract book storage areas, file areas; charge
for common plumbing fixture units in public areas) 17 fixture units 1 1
Meeting rooms, board rooms, reception, book
checkout offices 2,400 square feet 1 1
Loading Dock 7,000 square feet 1 1
Locker Rooms (if showers - 20 gallons/locker) 14 lockers 1 1
Medical Clinic (see Hospitals, Outpatient Clinic)
Meeting Rooms (conference rooms) 1,650 square feet 1 1
Mini-storage (storage area - no charge)
Living area 1 1
Public restroom 17 fixture units 1 1
:Mobile Home 1 1
Motels and Hotels (assume 2 persons/room; no charge for pools, 2 rooms 1 1 .
saunas, whirlpools, game rooms, or exercise rooms used exclusiyely
by guests)
Breakfast only (complimentary) 45 seats 1 1
Cocktail hour (complimentary) 55 seats 1 1
Kitchenettes (number of kitchenettes x 10 gallons/day) 274 gallons 1 1
Museum 2,400 square feet 1 1
Nursing Home 3 beds 1 1
Office
General office (deduct mechanical rooms, 2,400 square feet 1 1
elevator shafts, stairwells, restroom and storage areas)
Dental and Doctor's offices, see Hospital, Outpatient Clinic
Police Station (charge as Office)
Cells (overnight - j ail) 3 people 1 1
Cells (holding area with noovemight stays) 14 people 1 1
Recording/Film Studios 7,000 square feet 1 1
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-
6
FACILITY PARAMETER SAC/WAC
. Restaurant
Drive-in 9 parking spaces 1 1
Fast food (with disposable plates, drink cups,
and table utensils) 22 seats 1 1
Take-out (no seating) 3,000 square feet 1 1
Full service (with washable plates, drink cups,
and table utensils) 8 seats 1 1
Retail Stores (deduct mechanical rooms, 3,000 square feet 1 1
elevator shafts, stairwells, escalators, restrooms and unfmished storage areas)
Roller Rink (skating area only) 825 square feet 1 1
Rooming Houses (no food service) 7 beds 1 1
RV Dumping Station (not in association with camp grounds) 1 1
Schòols
Elementary schools (at 15 gallons/student; 30 square feet/student)18 students. 1 1
Colleges/technical/vocational (30 square feet/student) 18 students 1 1
Lecture halls 18 students 1 1
Labs (at 50 square feet/student) 18 students 1 1
. Dorm rooms (on and off campus students) 5 students 1 1
Nursery schools (number of children for which facility is licensed) 14 students 1 1
House of worship nurseries (used during worship 2,400 square feet 1 1
service only; 30 square feet/child)
Secondary schools (30 square feet/student, at 20 gallons/student) 14 students 1 1
. Labs (50 square feet/student) 14 students 1 1
Weekly worship schools (i.e., not daily parochial schools; 55 students 1 1
20 square feet/student)
Service Station
Gas pumping 1 1
Convenience center 3,000 square feet 1 1
Service bays 2 bays 1 1
Car wash (see Car Wash)
Shooting Ranges (rifle and handgun ranges, @ 6 feet per lane) 6 lanes 1 1
Swimming Pools (public, swimming pool area only; 900 square feet 1 1
no charge for private residential, townhouse, apartments,
condominiums, hotels, or motels)
Tanning Rooms 3,000 square feet 1 1
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-
7
FACILITY PARAMETER SAC/WAC
Tennis Courts (public; shower facilities available) 1 court 2 2 ·
Theatre 64 seats 1 1
Drive-in (parking spaces) 55 spaces 1 1
Vehicle Garage
Employees stationed in garage 14 employees 1 1
Vehicle drivers (per day) 28 drivers 1 1
Vehicle washing (number of vehicles per day x 274 gallons 1 1
gallons per minute x minutes/vehicle)
Warehouses
l\ssemblyareas 7,000 square feet 1 1
Office/warehouse
Minimum 30% office 2,400 square feet 1 1
Maximum 70% warehouse 7,000 square feet 1 1
Whirlpools, therapy (at doctor's office or clinic; 274 gallons 1 1
number of gallons to fill tank x 8 fills/day)
Yard Storage Buildings (i.e., lumber storage; customer 15,000 square feet 1 1
pickup; no permanent employees) ·
Plumbing Waste Fixture Units
Tvpe of Fixture Fixture Unit Value (f.u.)
Note: 17 Fixture Units (f.u.) = 1 SAC
Drinking Fountain 1
Floor Drain
2" waste (only if hose bib included) 2
3" waste (only ifhose bib included) 3
4" waste (only if hose bib included) 4
Trench drain: per 6-foot section 2
Sinks
Lab in exam room, bathroom 1
Kitchen and others 2
Surgeon 3
Janitor 4
Water closet 6
·
8
Section 6. Violations and Penalties. A violation of any of the provisions of this
. ordinance shall constitute a misdemeanor pursuantto Minnesota Statutes.
Section 7. Severability. Should any section, paragraph, provision, sentence or lesser
part of this Ordinance be found invalid by a Court of competent jurisdiction, then such invalid
section, paragraph.. provision, sentence or phrase shall be severed from this Ordinance and all
remaining portions or this Ordinance shall continue in full force and effect.
Section 8. . Repealer. All ordinances, or portions of ordinances, in conflict herewith
are hereby repealed to the extent of such conflict.
Section 9. Effective Date. This Ordinance shall take effect September ,
2003, following passage and publication in the official newspaper as provided by law."
This Ordinance was approved by the majority of the City Council of St. Joseph on this _day
of ,2003.
Larry Hosch, Mayor
Judy Weyrens, Administrator/Clerk
.
This amendment was published in the
on , 2003.
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-
9
· As revised 17-Sêp-03
ORDINANCE 42: SEWER USE ORDINANCE.
NOTE: BOLD INDICATES ADDITIONS
Section 42.1: PURPOSE AND POLICY. This ordinance sets forth uniform requirements for
discharge into the City's Sanitary Sewer System (SSS) and enables the City of St. Joseph to comply with
all State (Minnesota Pollution Control Agency) and Federal (U.S. Environmental Protection Agency)
laws.
The objectives of this ordinance are:
a) To prevent the introduction of pollutants into the City's SSS which will interfere with the
operation of the facilities; and
b) To prevent the introduction of pollutants into the City's SSS which will pass through the
system inadequately treated into receiving waters of the State or the atmosphere or
otherwise be incompatible with the system; and
The ordinance provides for the regulation of discharges into the City's SSS through the issuance
· of permits to certain users and through enforcement of the general requirements for all users, authorizes
monitoring and enforcement activities, provides for penalty relief, requires, user reporting, and provides
for the setting of fees necessary to carry out the program established herein.
The ordinance shall apply to the City of St. Joseph and to persons outside the City who are, by
contract or agreement with the City, users ofthe City's SSS. Except as otherwise provided herein, the
Wastewater Superintendent shall administer, implement and enforce the provisions of this ordinance.
Section 42.2: DEFINITIONS. Unless the context specifically indicates otherwise, the following
terms, as used in this ordinance, shall have the meanings hereinafter designed.
. Subd. 1: "Act" means the Federal Water Pollution Control Act, Public Law #92-500 and the
Clean Water Act, Public Law #95-217 as amended.
Subd.2: "Building Drain" means that part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building
and conveys it to the building sewer, beginning five feet (5') (1.5 meters) outside the inner face of the
building wall.
Subd. 3: "Building Sewer" or "Sanitary Sewer Service" means the extension from the building
drain to the public sanitary sewer main or other place of disposal.
· 1
As revised 17-Sep-03 ·
Subd.6: "City" means the area wìthin the corporate boundaries of the Cìty of St. Joseph, as
presently established or as amended by ordinance or other legal actions at a future tìme. When used
herein, the term Cìty may also refer to the City Council or its authorized representatives.
Subd.7: "Combined Sewer" means a sewer originally desìgned and currently designated to
receìve both storm surface water runoff and wastewater.
Subd. 8: "Coolìng Water" means the water discharged from any use such as air conditioning,
cooling, or remgeration, or during which the only pollutant added to the water is heat.
Subd. 11. "Wastewater Superintendent" means the City of St. Joseph's Wastewater
Superintendent or authorized agent.
Subd.9: "Domestic \Vaste" or "Normal Domestic Strength Wastewater" means wastes from
residential users and from the sanitary conveniences of multiple dwellings, commercial buildings,
institutions, and industrial facilities.wastewater that is primarily produced by resìdential users, with
CBOD concentrations not greater than 250 mg/l and suspended solids concentrations not greater than 250
mg/l.
Subd. 10: "EPA" means the U.S. Environmental Protection Agency.
Subd. 11: "Flow" means the rate quantity of at which wastewater expressed in gallons or cubic
feet per twenty-four (24) hours. is generated, transported, or disposed of expressed in terms of volume
per unit of time: usually Cubic Feet Per Second (CFS), Million Gallons Per Day (MGD), or Gallons Per ·
Minutes (GPM).
-
Subd. 12: "Garbage" means solid wastes resulting from the domestic and commercial
preparation, cooking and dispensing of food, and from the handlìng, storage of saìd meat, fish, fowl, fruit,
vegetables and condemned food.
Subd. 13: "General Pretreatment Regulations" means the general pretreatment regulations for
existing and new sources of pollution promulgated by EP A under Section 307 (b) and (c) of the Act and
found at 40 CFR Part 403.
Subd. 14: "Indirect Dìscharge" means the introductìon of pollutants or wastes into the City's SSS
from any nondomestic source regulated under Section 301(b), (c), or (d) of the Act.
Subd. 18. "Individual Sewage Treatment System Permit" means permit required of a
person to construct a private wastewater disposal system.
Subd. 15: "Industrial Discharge Permit" or "Permit" means a permit issued by the City of St.
Joseph to an Industrial User to use the City's sanitary sewer system as establìshed herein.
Subd. 20. "Industrial Waste" means solid, liquid, or gaseous wastes, including cooling
water (except where exempt by a NPDES Permit), resulting from any industrial, manufacturing, or
business process, or from the development, recovery, or processing of a natural resource.
2 ·
. As revised 17-Sep-03
Subd. 16: "Industrial User" means a source of indirect discharge. or "Industry" means:
Subd. 18: "Interference" means a discharge which alone or in conjunction with a discharge or
discharges rrom other sources inhibits or disrupts the City's SSS.
Subd.2. "Local Limits" means discharge limitations established by the City to protect the
City's SSS.
Subd. 19: "MPCA" means the Minnesota Pollution Control Agency.
Subd. 20: "National Pollutant Discharge Elimination System (NPDES) Pennit" means any
permit or requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the
Federal Water Pollution Control Act, as amended (33 D.S.C. 1251 et seq); for the purpose of regulating
the discharge of wastewater, industrial wastes, or other wastes under the authority of Section 402 of the
Act.
Subd.26. " Non-Domestic Nutrient Contributor (NDNC)" means any non-domestic (as
defined by subd. 12 Domestic Waste) wastewater source which is determined to contribute
nutrients (as deÍmed by Subd. 27 Nutrients)'
Subd.27. "Nutrients" means substances which are required to support living plants and
organisms, including carbon, hydrogen, nitrogen, oxygen, and phosphorus.
. Subd.21: "Ordinance" means the set of rules contained herein governing the discharge of
wastewater to the City's SSS.
Subd. 22: "Other Wastes" means other substances except wastewater and industrial wastes.
Subd.23: "Pennittee" means an industrial user authorized to discharge industrial waste into the
City's SSS pursuant to an IndustrialDischarge permit.
Subd. 24: "Person" means the State or any agency or institution thereof, any municipality,
governmental subdivision, public or private corporation, individual, partnership or other entity, including,
but not limited to, association, commission or any interstate body, and including any officer or governing
or managing body of any municipality, governmental subdivision or public or private corporation, or
other entity.
Subd.25: "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in
grams per liter of solution.
Subd. 33. "Phosphorus Management Plant" means the strategy used by the City, including
pretreatment and treatment methods to reduce the amount of phosphorus discharged to the
environment
Subd. 34. "Phosphorus Reduction Strategy (PRS): means the process of reporting,
evaluating and reducing the amount of phosphorus discharged to the City's SSS.
- 3
As revísed 17-Sep-03 .
Subd.26: "Pretreatment" means the process ofreducing the amount of pollutants, eliminating
pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in
lieu of discharging or otherwise introducing such pollutants into the City's SSS. The reduction,
elimination, or alteration may be obtained by physical, chemical or biological processes, process changes
or other means, except as prohibited by this ordinance.
Subd.27: "Pretreatment Standards" means standards for industrial groups (categories)
promulgated by EP A pursuant to the Acts which regulate the quality of effluent discharge to the City's
SSS and must be met by all users subject to such standards.
Subd. 29: "Public Utility" means the unit of municipal government and its people responsible for
the operation of the City's SSS and this ordinance.
Subd. 31: "Rules" means the waste discharge rules for the City's SSS.
Subd.32: "Sanitary Sewer" means a sewer intended to carry which carries wastewater and to
which storm, surface, and groundwater are not intentionally admitted. only wastewater or industrial
wastewater.
Subd. 35: "Sanitary Sewer System (SSS)" means the system of sanitary sewers, manholes,
pumping stations, forcemains, and appurtenances used to convey wastewater to the POTv.'. For purposes
of this definition, the collection system ends at the point where the City's SSS connects to the POTW.
Subd. 41. "St.Cloud Area Wastewater Advisory Committee (SCA WAC)" is an advisory .
group whose objectives are to share information, improve understanding of regional wastewater
issues, and to improve the )evel of cooperation in the resolution of regional wastewater issues.
Subd.42. "Sludge means untreated solids and associated liquids in municipal wastewater
which are encountered and concentrated by a municipal ,...astewater treatment facility.
Subd.43. "Sewer" means a pipe or conduit for carrying wastewater, industrial waste, or
other waste liquids.
Subd.39: "Shall" is mandatory; "May" is permissive.
Subd.46. "SIC" means the Standard Industrial Classification Code (1972) issued by the
Executive Office of the President, Office of Management and Budget, for use in the classification of
establishments by types of business and the primary and economic activity engaged.
Subd.40: "Significant Industrial User" means all Industrial Users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other Industrial
User that discharges an average of25,000 gallons per day or more of process wastewater to the SSS
(excluding sanitary, non-contact cooling and boiler blow down wastewater), contributes a process waste
stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the
POTVv treatment plant, or is designated as such by the control authority as defined in 40 CFR 403.12 (a)
on the basis that the Industrial User has a reasonable potential for adversely affecting the POTVl's
operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8
4 -
-
. As revised 17-Sep-03
(f)(6). If, upon fmdingthat an Industrial User meeting the criteria of this subdivision has no reasonable
potential for adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement, the control authority, as defmed in 40 CPR 403 .12 (a), may, at any time, on its own initiative
or in response to a petition received from an Industrial User or POTW and in accordance with 40 CPR
403.8 (f)(6) determine that such Industrial User is not a significant Industrial User.
Subd.4l: "Slug" means any waste discharge, of water or wastewater which in concentration of
any given constituent or in quantity of flow, exceeds four (4) times the average twenty-four (24) hour
concentration or flow during normal operation which may by itself or in combination with other
wastes cause an interference within the SSS. for any period of duration longer than 15 minutes more
than five times the average 24 hour concentration or flows during normal operation and shall adversely
affect the collection system and/or performance of the wastewater treatment works.
Subd.43: "State" means the State of Minnesota or its designated agency, the Minnesota Pollution
Control Agency (MPCA).
Sub. 50. "Storm Water" means any flow occurring during or following any form of natural
precipitation and resulting therefrom.
Subd.51. "Storm Sewer" (sometimes termed "storm drain") means a sewer which carries
storm and surface water and drainage,.but excludes wastewater and industrial wastes, other than
unpolluted cooling or process water.
. Subd.52. "Sump Pump" means a pump, which removes storm or groundwater from a
sump well.
Subd.46: "Suspended Solids (SS)" or "Total Suspended Solids (TSS)" means the total suspended
matter that either floats on the surface of or is in suspension suspended in water, wastewater or other
liquids, and which is removable by a standard glass fiber ÎIlter. laboratory filtering as prescribed in
"Standard Methods for the Examination of Water and Wastewater", latest edition, and referred to as
non-filterable residue.
Subd.47: "Total Toxic Organics" means the summation of all values greater than 0.01 mg/lof
toxic organics listed in Section 307 (4) of the Act.
Subd.48: "Unpolluted Water" means clean water uncontaminated by industrial wastes, other
wastes, or any substance which renders such water unclean, or noxious, or impure so as to be actually or
potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic,
commercial, industrial or recreational use, or to vegetation, domestic animals livestock, wild animals,
birds, fish, or other aquatic life.
Subd.49: "User" means those residential, commercial, governmental, institutional, and industrial
establishments which are connected to the SSS.
Subd.50: "Waste Transport Hauler" (sometimes termed "septic hauler") means an industrial
user who transports industrial or domestic waste for the purpose of discharge into SSS.
-
5
-
As revised 17-Sep-03 .
Subd. 58. "Wastewater" means the liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions, together with any
groundwater, surface water, and storm water that may be present, whether treated or untreated,
whicb is discharged into or permitted to enter the City's SSS.
Section 42.3: PRIVATE SEW AGE DISPOSAL SYSTEM.
INDIVIDUAL SEW AGE TREATMENT SYSTEM.
Subd. 1: Where a public sanitary sewer is not available under the provision of Section 42.1,
Subd. 6, Section 360:30, the building sewer shall be connected to a private wastewater an individual
sewage treatment system complying with the provisions of Section 365:00, Sewage Treatment
Systems, and Minnesota Pollution Control Agency Rules, Chapter 71080. The provision of this
subsection shall be in addition to any requirements established by applicable federal, state, or local
laws and regulations and shall not be construed to relieve any liability or obligation imposed by
such laws and regulations. disposal system complying with the provisions of this Subsection.
. Subd. 2. Any person operating a private wastewater disposal system who wishes to
discharge waste products to the City's SSS resulting from the treatment of domestic wastewater
only sball obtain permission from the Wastewater Superintendent prior to the discharge occurring.
Section 42.4: BUILDING SEWERS AND CONNECTIONS.
Subd. 1: No person unless authorized shall uncover, make any connections with or disturb any
public sewer or appurtenance thereof, unless and until a Sewer Connection Permit and an Excavation .
Permit are obtained from the City Administrator. Fees for each of these permits shall be established by the
City Coupcil, and the Excavation rermit shall be subject to the provisions of Ordinance No. 57.
Subd. 2: Sewer Hook-up Charge: Any person connecting to the sewer system shall pay a sewer
hook-up charge (connection charge) as authorized by Minn. Stat. § 444.075, Subd. 5. The sewer hook-up
charge shall be based on an equitable formula including the replacement cost of the then existing
\Vastewater Disposal Facilities and the amount of past individual assessments levied to finance
construction of the facilities. The amount of the sewer hook-up charge may be established and adjusted
from time to time by resolution of the City Council, and separate charges may be established for various
types of users as deemed appropriate by the City. Sewer hook-up charges shall be paid to the City
Administrator in full prior to connection to the system. In the event the use of property connected to the
sewer system is significantly changed, the City of St. Joseph reserves the right to re-compute the
appropriate sewer hook-up charge and assess an additional charge using the method of computation and
the charges then in effect and established by resolution of the City Council. If the change in use results in
greater waste water production that occurred prior to the change in use, the City may assess an additional
hook-up charge and condition the issuance of a building permit, approval of a conditional use permit, or
re-zoning (as necessary for the change in use of the property) upon payment of the additiona1 hook-up
charge. The amount of the hook-up charge shall take into consideration credit for the sewer usage to
which the property was entitled by virtue of the original connection and prior use. A significant change in
use which increases waste water production occurs under any of the following circumstances: (a) a
change from a single family or two-family use to multi-family use, commercial (business) use or
industrial use; (b) change from commercial (business) use to multi-family or industrial use; (c) a change
from multi-family use to industrial use; (d) a change from one industrial use to another, or a change in the
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. As revised 17-Sep-03
industrial operation, which increases water consumption by more than 500 gallons a day as compared to
the prior use.
Subd. 3: All costs. and expense incident to the installation, maintenance, repair, replacement, and
connection of the building sewer to the sanitary sewer main shall be borne by the owner. The owner shall
indemnify and hold harmless the City from any loss or damage to the public sewer that may directly or
indirectly be occasioned by thé installation of the building sewer.
Subd. 4: 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, courtyard, or driveway. The building sewer
from the front building may be extended to the rear building and the whole considered as one building
sewer, provided that the City shall require a written agreement between the property owners as to the
share of the costs of construction and maintenance which each will contribute.
Subd. 5: Old building sewers may be used in connections with new buildings only when they are
found, on examination and tested by the City, to meet all requirements of this ordinance.
Subd.6: The size, slope, alignment, materials of construction ofa building sewer, and the
method to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all
confòrmto the requirements of the building and plumbing code and to applicable City specifications.
Subd.7: 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, such building drain shall be provided with a lifting device approved by the Wastewater
Superintendent Plumbing Inspector and discharged to the building sewer.
Subd.8: No person shall make connection of roof downspouts, foundation drains sump pumps,
exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a
building sewer or building drain which in turn is connected directly or indirectly to a public sanitary
sewer.
Subd. 9: The construction of the building sewer and its connection into the public sewer shall
confòrm to the requirements of the building and plumbing code, to applicable City specifications. All
such construction shall be made gastight and watertight. Any deviation from the prescribed procedures
and materials must be approved by the City before installation.
Subd. 10: Employees or designated agents of the City shall be allowed to inspect the work at any
stage of construction and, in any event, the applicant for the connection shall notify the City when the
work is ready for final inspection and no underground portions shall be covered before the final
inspection is completed. The connection shall be made under the supervision of the City.
Subd. 11: Any new connections to the sanitary sewer shall be prohibited unless sufficient
capacity is available in all downstream facilities as determined by the City.
Section 42.5: MAIN AND LATERAL SEWERS.
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As revised 17-Sep-03 .
Subd. 1: No person, unless authorized by the City, shall uncover, make any connections with or
opening into, use, alter, or disturb any public sewer or appurtenance thereof without first complying with
the provisions of Section 42.4. obtaining a written permit from the City.
Subd.2: No sanitary or storm sewers shall be constructed in the City (except building drains or
building sewers) except by written approval of the City, and subject to inspection during construction by
employees or designated agents of the City. No such sewers shall be considered to be a part of the public
sewer system unless accepted by the City as follows: Where sewers are installed and connected to the
system under public contract with the City, acceptance shall be deemed made upon approval of [mal
payment to the contractor by the City Council. Where sewers are installed and connected to the system by
private individuals, groups, corporations or other organizations, acceptance shall be deemed made upon
resolution of the City Council accepting said sewer improvements.
Subd. 3: The size, slope, alignment, material of construction, methods to be used in excavation,
placing of pipe, j ointing, testing, backfilling and other work connected with the construction of sewers
shall conform to the requirements of the City applicable City specifications.
Section 42.6: PROTECTION FROM DAMAGE. No person shall maliciously, willfully, or
neg1igently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or
equipment which is a part of the SSS.
Section 42.7: USE OF PUBLIC SE\VERS.
Subd. 1: It shall be unlawful to discharge to any natural outlet within the City or in any area .
under the jurisdiction of the City any wastewater or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this ordinance.
Subd.2: Except As set forth in Section 42.3, 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.
Subd.3: The owner of any building or property which is located within the City, or in any area
under the jurisdiction of the City, and from which wastewater is discharged, shall be
required to connect to the Sanitary Sewer System at the owner's expense within
ninety (90) days after service of official notice to do so, provided that sanitary sewer
is reasonably available. Said ninety (90) days shall be consecutive calendar days
exclusive of the days between November 1 and May 15. Additionally, if the building
or property is used for human occupancy, employment or recreation, the owner shall be
required to install at the same time toilet facilities in accordance with the Minnesota
Building Code and other ordinances of the City.
Subd.4: In the event an owner shall fail to connect to a public sewer in comp1iance with a notice
given under Section 42.7 Subd. 3 360:30, Subd. 3 ofthis ordinance, the City may undertake to have said
connection made and shall assess the cost thereof against the benefited property and said assessment shall
be a 1ien against said property. Such assessment, when levied, shall bear interest at the rate determined by
the Council, the rate of eight percent (8%) per annum and shall be certified to the auditor of the
county in which the land is situated and shall be collected and remitted to the City in the same
manner as assessments for local improvements. The rights of the City under this subdivision shall
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be in addition to any other remedial or enforcement provisions of this ordinance. and shall be
certified to the auditor of the county in which the land is situated and shall be collected and remitted to the
City in the same manner as assessments forlocal improvements. The rights of the City under this sub-
division shall be in addition to any other remedial or enforcement provisions of this ordinance.
Subd.5: No person shall discharge or cause to be discharged directly or indirectly any storm
water, surface water, groundwater, roof runoff, sump pump discharge, sub-subsurface drainage,
unpolluted cooling or process water to any sanitary sewer unless there is no prudent and feasible
alternative and unless as approved by the City.
Subd. 6: Storm water and all other unpolluted water shall be discharged to a storm sewer, except
that unpolluted cooling or process water shall only be so discharged upon approval by the City and the
user may be required to obtain a NPDES Permit ITOm the MPCA.
Section 360:35. Phosphorus Management
Subd.l. Any non-domestic, i.e. commercial or industrial, source may be included as part of
the Phosphorus Management Plan (PMP) and required to evaluate their phosphorus discharge to
the SSS.
Subd. 2. Any significant non-domestic nutrient contributor (NDNC) of phosphorus, as
determined by the City will be required to develop a Phosphorus Reduction Strategy (PRS). The
NDNC will evaluate and/or update the PRS to include methods and/or steps taken to eliminate or
. reduce phosphorus loading to the SSS.
Section 42.8: W ASTEW ATER INDUSTRIAL DISCHARGE PERMIT.
Subd. 1: Scope. Industrial users, or other persons, discharging into the City's SSS shall obtain an
Industrial Discharge Permit pursuant to this ordinance these rules if notified to do so by the City.
The criteria to be utilized by the City to determine if an Industrial Discharge Permit will be
required to include:
a) An average flow greater than 25,000 gallons per operating day, or
b) A pollutant concentration of greater than 50% for one or more regulated pollutants (see
Section 42.10, Subd. 6) 360:50, Subd. 6) at the point of discharge, or
c) Has properties in the discharge for it to be a prohibited discharge, or
d) Has been pretreatment pretreated or passage passed through an equalization tank
before discharge, or
e) A hydraulic or organic loading greater than 5% of the average dry weather capacity ofthe
SSS, or
f) An industrial process regulated by EP A categorical standards, or
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As revised 17-Sep-03 .
g) Other criteria as designated by the City as defined in 40 CFR 403.12 (a).
Subd. 2. Permit Application.
a) Existing Significant Industrial User. An existing Significant Industrial User or
other person who is required to obtain an Industrial Discharge Permit shall
complete and file with the City within 3 months of notification a permit application.
The appropriate permit fee as provided by Section 597 shall accompany the permit
application form at the time of application. A user shall have one year from the
date of notification by the City to have obtained an Industrial Discharge Permit.
Subd.3: New Significant Industrial Users. All new significant industrial users proposing to
connect or to commence a new discharge into the City's SSS shall apply for an industrial discharge permit
before connection to or discharging into the City's SSS. The permit application may be obtained from the
Wastewater Superintendent. No discharge into the City's SSS can commence until a Wastewater
Discharge An Industrial Discharge Permit is received unless the City has ruled that:
a) An industrial discharge permit is not required, and
b) A discharge waiver is granted to commence discharge pending final action by the City.
Subd. 4: Incomplete or Deficient Application. If the permit application is incomplete or
otherwise deficient, the Wastewater Superintendent will advise the applicant of such incompleteness or .
deficiency. An Industrial Discharge Permit shall not be issued until an application is complete.
Subd.5: Issuance of Industrial Discharge Permit. Within sixty (60) days after receipt of a
completed application form from the industrial user, the City shall, upon a determination that the
applicant is capable of compliance with the Industrial Discharge Permit conditions and these rules, issue
an Industrial Discharge Permit subject to the terms and conditions provided herein.
Subd. 6: Permit Conditions. Industrial Discharge Permits shall be expressly subject to all
provisions of this ordinance and all other applicable regulations, user charges and fees established by the
City Council. Permits shall contain the following:
(a.) A summary of the penalties and surcharges applicable for violations of the terms of
permit as provided in Section 3650:85 of this ordinance.
a) The unit charges or schedule of user charges and fees for the wastewater to be discharged
to the SSS.
b) Limits on the average and maximum wastewater constituents and characteristics either in
terms of concentration, mass limitations, or other appropriate limits;
c) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization;
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. As revised 17-Sep-03
d) Requirements for installation and maintenance on inspection and sampling facilities;
e) Requirements for installation, operation, and maintenance of pretreatment facilities; (see
Section 42.13 on. pretreatment 360:65 on Pretreatment);
f) Specifications for monitoring programs which may include sampling locations, frequency
and-method of sampling, number, types and standards for tests and self reporting
schedule;
g) Compliance schedules;
h) Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the City, and affording the Wastewater Superintendent access
thereto;
i) Requirements for notification to the Wastewater Superintendent of any new introduction
of wastewater constituents or any substantial change in the volume or character of the
wastewater constituents being introduced into the City's SSS;
j) Requirements for notification of sludge discharge as provided in Section 42.11; 360:55 of
this ordinance and .
. 1) The requirement for Industrial Discharge Permit transfer as stated herein; and
m) A summary of the penalties and surcharge applicable for violation of the terms of the
permit as provided in Section 42.17; and
n) Other conditions as deemed appropriate by the City to ensure compliance with this.
ordinance.
Subd. 7: Permit Modification. Suspension. and Revocation. An Industrial Discharge Permit may
be modified, suspended or revoked, in whole or in part by the Wastewater Superintendent or City during
its term for cause, including:
a) Violation of these rules;
b) Violation of any terms or conditions of the Industrial Discharge Permit;
c) Obtaining an Industrial Discharge Permit by misrepresentation or failure to disclose fully
all-relevant facts;
d) Amendment of these rules;
e) A change in the wastewater treatment process, which results in the permittee's, discharge
having a significantly different and negative impact on the process;
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As revised 17-Sep-03 .
f) A change in the permittee's industrial waste volume or characteristics which the permittee
knows or has reason to know will or is likely to have, either singly or by interaction with
other wastes, a negative impact on the SSS;
g) A determination by the City that the permittee's discharge reasonably appears to present
an imminent endangerment to the health or welfare of persons, present an endangerment
to the environment, or threaten interference with the operation of the SSS or POTW.
Subd. 8: Time Schedule for Compliance. Any modifications in the Industrial Discharge Permit
shall specify a reasonable time schedule for compliance.
Subd. 9: Refund of Permit Fee on Surrender or Revocation. A permittee may surrender an
Industrial Discharge Permit to the City prior to the permit's scheduled termination. In the event that a
permit is surrendered or revoked, the permittee shall be refunded a pro rata portion of the permit fee paid.
Subd. 10: Permit Duration. Permits shall be issued for a specified time period, not to exceed five
(5) years. The user shall apply for permit reissuance a minimum of 180 days prior to the permit's
expiration date by filing with the City a permit reissuance application. The terms and conditions of the
permit may be subj ect to modification by the City during the term of the permit as limitations or
requirements as identified in Section 42.10360:50 are modified or other just cause exists. The user shall
be informed prior to the effective date of change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
Subd. 11: Permit Transfer. Industrial Discharge Permits are issued to a specific user, at a .
specific location, for a specific operation, except in the case of Waste Transport Haulers. An Industrial
Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different
premises, or a new or changed operation without the approval of the City. Any succeeding owner or user
shall also comply with the terms and conditions of the existing permit until its expiration date. In the
event of a change in the entity owning the industrial discharge facilities for which there is an Industrial
Discharge Permit, the prior owner, if feasible, shall notify the City and the succeeding owner of said
change in ownership and of the provisions of the Industrial Discharge Permit and these Rules. The new
owner shall submit a new permit application or shall submit to the City an executed statement agreeing to
be bound by the terms and conditions of the existing Industrial Discharge Permit for the facility, in which
case, upon consent of the City, the permit shall continue in effect.
Subd. 12: Permit Fees. The Industrial Discharge Permit fee, paid to the City, for total waste
(million gallons per year) for both initial and reissuance shall be as follows: from time to time, by a
resolution of the City Council. Separate fees shall be established for the following categories:
a) Less than one (1) million gallons per year; $200.
b) Between one (1) and ten (10) million gallons per year; $400.
c) Greater than ten (10) million gallons per year; $600.
Section 42.9: PROHIBITIVE DISCHARGE.
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. As revised 17-Sep-03
Subd. 1: No person shall discharge or cause to be discharged, directly or indirectly, into the SSS
any of the following:
a) Any combustible, flammable or explosive solids, liquids, or gases which by their nature
or quantity will or are likely to cause either alone or by interaction with other substances
a fire or explosion or be injurious to the SSS or POTW operation. At no time shall two
(2) successive readings on an explosimeter, at the point of discharge into the sewer
system, be more than five percent (5%) nor shall there by any single reading over ten
percent (10%) of the Lower Explosive Limit(LEL). nor shall pollutants which create a
fire or explosion hazard in the SSS, including, but not limited to, waste streams with a
closed cup flashpointofless than 140 degrees Fahrenheit or 60 degrees Centigrade using
the test methods specified in 40 CFR 261.21. Prohibited materials include but are not
limited to gasòline, kerosene, naphtha, fuel oil, lubricating oil, benzene, toluene, xylene,
ethers, alcohols, and ketones.
b) Any solids or viscous substances which will or are likely to cause obstruction to the flow
in a sewer or interference with the operation ofthe SSS or POTW. These include but are
not limited to garbage with particles greater than one-half inch (1/2 ") in any dimension,
grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, feathers, ashes,
sand, spent lime, stone or marble dust, metal, glass, grass clippings, rags, spent grains,
waste paper, wood, plastic, gas, tar, asphalt residues, residues from refining or processing
of fuel or lubricating oil, glass grinding and polishing wastes.
. c) Any wastewater having a pH less than 5.0 or greater than 12.0 or having any corrosive
property that will or is likely to cause damage or hazard to structures, equipment, or
employee of the City.
d) Any alkaline wastewater which alone or with others will or is likely to cause an elevated
pH in the SSS or POTW so as to influent so as to result in an inhibiting effect on the
biological process or encrustation to the system sewer.
e) Any wastewater containing toxic or poisonous pollutants in sufficient quantity, either
"singly or by interaction with other pollutants, that will or is likely to cause interference or
constitute a hazard to humans. (A toxic pollutant shall include but not be limited to any
pollutant identified pursuant to Section 307 (a) of the Federal Water Pollution Act) as
arnended).
f) Any noxious or malodorous solids, liquids, or gases, which either singly or by interaction
with other wastes, will or are likely to create a public nuisance or hazard to life or prevent
the entry of City employees into a sewer for its monitoring, maintenance, and repair.
g) Any wastewater which will or is likely to cause excessive discoloration in treatment plant
facility effluent.
h) Wastes, other than Domestic Wastes, that are infections before discharging into the
sewer.
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As revised 17-Sep-03 .
i) Any sludge from an industrial pretreatment facility except as provided in Section 42.13
360:65.
j) Heat in amounts which will cause damage to the SSS or POTW or which is likely to
inhibit biological activity in the POT"V, but in no case heat in such quantities that the
Industrial User's waste temperature is greater than 65 C (150 F) at its point of discharge
to the SSS sewer system, or heat causing, individually or in combination with other
wastewater, the influent at the POTW to have a temperature exceeding 40 C (l04 F).
k) Any wastewater containing fat, wax, grease or oil in excess ofl 00 mg/l that wi1l or is
likely to solidify or become viscous at temperatures between 0 C (32 F) and 65 C (150 F)
and which will or is likely to cause obstruction to the flow in sewers or other interference
to the SSS, including petroleum oil, non-biodegradable cutting oil or products of mineral
oil origin.
1) Any slug discharged in such volume or strength which a person knows or has reason to
know wi1l or is likely to cause interference in the SSS.
m) Any substance including nutrients which will cause the POT'll to violate its NPDES
and/or State Disposal System Permit or the receiving water quality standards or goals.
n) Any substance which may cause the POTW effluent or any other product of the
wastewater treatment process such as residues, sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere \vith the reclamation process. In no case, shall a .
substance discharged to the Wastewater Disposal System wastewater treatment system
_ cause the system to be in noncompliance with sludge biosolids use or disposal criteria,
guidelines or regulations developed under pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substances Control Act, or State standards applicable
to the biosolids management method being used. Section 405 of the Federal Water
Pollution Control Act as amended; any criteria, guidelines, or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act,
the Toxic Substances Control Act, or State standards applicable to the sludge
management method being used.
0) Any wastewater containing inert suspended solids (including lime slurries and lime
residues) or dissolved solids (including sodium chloride) in such quantities that will or is
likely to cause interference with the SSS or POTW.
p) Radioactive wastes or isotopes of such a half-life or concentration that they are in
non-compliance with standards issued by the appropriate authority having control over
their use and which will or are likely to cause damage or hazards to the SSS or POTW or
to employees operating it.
q) Any hazardous waste, unless prior approval has been obtained from the City.
r) Any waste generated outside the area served by the SSS without prior approval of the
City.
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. As revised 17-Sep-03
s) Any unpölluted water, including cooling water, rain water, storm water or groundwater,
. unless there is no other prudent or feasible alternative. as determined by the City.
t) Any trucked or hauled wastes or pollutants, except at discharge points designated by the
City.
(u) Phosphorus or other nutrients that exceed acceptable limits as set by the POTW.
Section 42.10: LIMITATIONS ON W ASTEW ATER STRENGTH.
Subd. 1: Federal Pretreatment Standards. Federal Pretreatment Standards and General
Regulations promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall
be met by all users which are subject to such standards in any instance where they are more stringent than
the limitations in this ordinance unless the City has applied for, and obtained from the MPCA approval to
modify the specific limits in the federal pretreatment standards. In all other respects, Industrial Users
subject to Pretreatment standards shall comply with all provisions of these rules and any permit issued
thereunder, notwithstanding less stringent provisions of the General Pretreatment Regulations or any
applicable Pretreatment Standard.
Subd. 2: State Requirements. State requirements and limitations on discharges shall be met by
all users, which are subject to such standards in any instance in which they are more stringent than federal
requirements and limitations or those in this ordinance.
. Subd.3: City's Right of Revision. The City reserves the right to establish by ordinance more
stringent limitations or requirements on discharges to the SSS if deemed necessary to comply with the
objectives presented in Section 42.1360:00 of this ordinance.
. Subd.4: Dilution. No user shall increase the use of process water, or in any way, attempt to
dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with
the limitations contained in any local or, State requirements or Federal pretreatment standards.
Subd. 5: Removal Credits and Variances.
a) If the POTW achieves consistent removal of pollutants limited by Federal Pretreatment
Standards, the City may apply to MPCA for modification of specific limits of the EP A
Pretreatment Standards. The City shall modify pollutant discharge limits applicable to an
Industrial User in the Pretreatment Standards if the requirements contained in 40 CFR
403.7 of the General Pretreatment Regulations relating to credits for the removal of
pollutants are fulfilled and approval ftom MPCA is obtained. However, nothing herein
shall be construed to require the City to apply to MPCA for removal credits nor shall it be
construed to in any way limit the applicability of the limitations provided in Section
42.10, Subd. 6 360:50, Subd. 6 in the event that such a removal credit is granted, except
as provided in Section 42.10, Subd. 1. 360:50 Subd. 1.
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b) The City shall recognize and enforce the conditions allowed for by variances from
Pretreatment Standards for fundamentally different factors as granted by EP A to
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As revísed 17-Sep-03
individual Industrial Users in accordance with 40 CFR 403.13 of the General .
Pretreatment Regulations.
c) The City shaIl notify all affected Industrial Users of the applicable Pretreatment
Standards, their amendments, and reporting requirements in accordance with 40 CPR
403.12 of the General Pretreatment Regulations. A compliance schedule is part of the
Industrial Discharge Permit shall be developed between the City and the Industrial User
to ensure that the Industrial User complies with local, State and Federal limitations in a
timely manner as provided by the same section of the General Pretreatment Regulations.
Subd. 6: Supplementary Limitations. No person except as authorized pursuant to a compliance
schedule in a permit, shall discharge or cause or allow to be discharged, directly or indirectly, into the
SS S any of the following waste pollutants containing concentrations in excess of the following maximum
limitations for any operating day:
Pollutant Maximum Allowable Concentration* (mgll)
Arsenic 0.13
Cadmium 0.091
Chromium, Total 2.28
Copper 2.76
Cyanide, Total 3.11
Lead 0.79
Mercury 0.016 .
Molybdenum 0.11
Nickel 0.75
Selenium 0.19
Silver 0.56
Zinc 4.23
*Based on a 24-hour flow proportional composite sample of non-domestic discharge to the SSS.
Subd. 7: Special Agreements. No statement contained in this subsection, except as promulgated
by the EPA as stated in Section 42.10, Subd 360:20, Subparagraph 1, 1, shall be construed as preventing
any special agreement or arrangement between the City and any industrial concern whereby an industrial
\vaste of unusual strength or character may be accepted by the City for disposal treatment, subject to
payment therefore, by the industrial concern, in accordance with applicable ordinances and any
supplemental agreement with the City.
Subd. 8: Pretreatment Standards Notification. The City shall notify all affected Industrial Users
of the applicable Pretreatment Standards, their amendments, and reporting requirements in accordance
with Code of Federal Regulations, Title 40, Section 403.12 of the General Pretreatment Regulations. A
compliance schedule shall be developed between the City and the Industrial User to ensure that the
Industrial User complies with local, State, and Federal limitations in a timely manner as provided by the
same Section of the General Pretreatment Regulations.
Subd.9: Reports. Reports specified in Code of Federal Regulations, Title 40, Section 403.12 of
the General Pretreatment Regulations shall be submitted to the City by affected users. -
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As revised 17-Sep-03
. Section 42.11: ACCIDENTAL AND SLUG DISCHARGES.
Subd. 1: Prevention of Accidental and Slug Discharges. All Industrial Users shall provide
adequate protective procedures to prevent the accidental discharge of any waste prohibited in Section
42.9,360:45 any waste in excess of the limitations provided in Section 42.10360:50, Subd. 6, or any
waste in violàtion of an applicable pretreatment standard.
Subd. 2: Accidental Discharge. Accidental discharges of prohibited waste into the SSS, directly
or through another disposal system, or to any place from which such waste may enter the SSS shall be
reported to the Wastewater Superintendent by the persons responsible for the discharge, or by the owner
or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the
fact of such discharge. Such notification will not relieve users ofliability for any expense, loss or damage
to the SSS wastewater disposal system or treatment process, or POTW, or for any fines imposed on
the City on acèount thereof under any State or Federal law or Sewer Use Agreement. The responsible
person shall take immediate action as is reasonably possible to minimize or abate the prohibited
discharge.
The responsible person shall send alettet describing the prohibited discharge to the City within
seven (7) days after obtaining knowledge of the discharge. The letter shall include the following
information:
a) the time and location of the spill;
b) description of the accidentally discharged waste, including estimate of pollutant
. concentrations;
c) time period and volume of wastewater discharged;
d) actions taken to correct or contr.ol the spill;
e) a schedule of corrective measures to prevent further spill occurrences.
Subd.3: Slug Discharge. In the event that an Industrial User discharges a Slug in such volume
or strength that the lndustrial User knows or has reason to know it will cause interference in the SSS or
POTW, the lndustrial User shall immediately report the same to the Wastewater Superintendent. Within
seven (7) days thereafter, the Industrial User shall send a letter to the Wastewater Superintendent
describing the slug as specified under Accidental Discharge. After such a discharge, a plan is required to
prevent additional slug or accidental discharges. This plan will contain the following at a minimum:
a) description of discharge practices, including non-routine batch discharges;
b) description of stored chemicals;
c) procedure for promptly notifying the Wastewater Superintendent orPOTW of slug
discharges as defmed under Section 403.5(b) of the Code of Federal Regulations Title 40
and Section 42.11 360:45 of this Ordinance, with procedures for follow-up written
notification within five (5) days;
(d) procedures necessary to prevent adverse impact from accidental spills, including
inspection and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, and worker training;
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As revised 17-Sep-03
d) any necessary measures for building containment structures or equipment; .
f) any necessary measures for controlling toxic organic pollutants (including solvents);
g) any necessary procedures and equipment for emergency response;
h) any necessary follow-up practices to limit the damage suffered by the SSS or the POTVl
or the environment.
Section 42.12: MONITORING.
Subd. 1: Monitoring Facilities. When required by the City's pennit, the permittee of any
property serviced by a building sewer carrying industrial wastes shall install a suitable control structure,
together with such necessary meters and other appurtenances in the building sewer to facilitate
observation, sampling, flow measurement, and measurement of the wastes. Such structure and equipment,
when required, shall be constructed at the owner's expense in accordance with plans approved by the City
and shall be maintained by the owner so as to be safe and accessible at all times.
The monitoring facility should normally be situated on the user's premises, but the City may, when such a
location would be impractical or cause undue hardship on the user allow the facility to be constructed
elsewhere.
Subd. 2: Flow Measurement. A permittee, when required by permit, shall install and maintain a
flow measurement device for instantaneous rate and/or cumulative flow volume determinations. Metered
water supply may be used in lieu of flow measurement devices if it can be documented that the water .
usage and waste discharge are the same, or where a measurable adjustment to the metered supply can be
made to determine the waste volume.
Meters and flow records shall be maintained at the permittee's expense in good operating
condition at all times. The permittee shall notify the City in writing within five (5) days in the event that
the permittee becomes aware that the meter or flow recorder has failed to accurately register the flow. The
permittee shall also notify the City of the permittee's intention to alter the installation of a meter or flo\v
recorder so as to affect the accurate recording of industrial waste entering the SSS.
Subd. 3: Self Monitoring Analyses. All measurements, tests, and analyses of the characteristics
of water and wastes as outline in the permit shall be determined in accordance with guidelines established
in 40 CFR Part 136 Part and 40 CFR 403.12(g) of the General Pretreatment Regulations.
Representative samples of a permittee's industrial waste shall be collected on a normal operating
day and in accordance with guidelines listed in Industrial User's Permit. Industrial Users subject to
Pretreatment Standards shall sample in accordance with the Pretreatment Standards. Self-monitoring
point(s) for Industrial Users who are not subject to Pretreatment Standards shall be at a location and at a
frequency as specified in the permit.
Subd.4: Self Monitoring Reports. A condition of the Industria1 User's Permit shall include the
completion and submittal of accurate routine self-monitoring reports to the Wastewater Superintendent in
a form subscribed to by the Wastewater Superintendent. The nature and frequency of routine reporting
shall be based upon the requirements specified by the User's Permit application form. Except in the case
of Waste Transport Haulers, reports shall be required as follows: ~
18 ~
Asrevised 17-Sep-03
. a) less than one (1) million gallons total waste discharged per year, semi-annually;
b) between one (1) and ten (10) million gallons, quarterly;
c) greater than ten (10) million gallons, bi-monthly;
The Wastewater Superintendent may modifY the above reporting schedule for a particular
permittee based on the permittee's industrial waste characteristics. Permittee's subject to Pretreatment
Standards shall submit reports to the SSS in accordance with the applicable Pretreatment Standards.
Subd. 5: Inspection and Sampling. The City may conduct such tests as are necessary to enforce
this ordinance, and employees of the City may enter upon any property for the purpose of taking samples,
obtaining information or conducting surveys or investigations relating to such enforcement. Entry shall be
made during operating hours unless circumstances require otherwise. In all cases where tests are
conducted by the City for the purpose of determining whether the user is in compliance with regulations,
the cost of such tests shall be charged to the user and added to the user's . sewer charge. In those cases
where the City determines that the nature or volume of a particular user's wastewater requires more
frequent than normal testing, the City may charge such user for the tests, after giving the user ten (10)
days written notice of its intention to do so, and the cost thereof shall be added to the user's sewer charge.
Duly authorized employees and agents of the City, MPCA and EP A bearing proper credentials
and identification shall be permitted to enter all properties for the purposes of inspection, observation,
. measurement, sampling, and testing in accordance with the provisions ofthis ordinance. Those employees
shall have no authority to inquire into any processes except as is necessary to determine the kind and
source of the discharge to the City's SSS.
While performing the necessary worK on private propèrties referred to in Subd. 5 of this Section
subsection, the authorized employees ofthe City shall observe all safety rules applicable to the premises
established by the company.
Duly authorized employees and agents of the City bearing proper credentials and identification
shall be permitted to enter all private properties through which the City holds an easement for the purpose
of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any
portion of the SSS lying within said easement. All entry and subsequent work, if any, on said easement,
shall be done in all accordance with the terms of the easement pertaining to the private property involved.
Subd.6: Testing Procedures. Testing procedures for the analysis of pollutants for permit
applications and routine self-monitoring shall conform to the guidelines established in Code of
Regulations, Title 40, Part 136 and Code of Federal Regulations, Title 40, Section 403.12 (g) of the
Federal Pretreatment Regulations.
Subd. 7: Report and Monitoring Discrepancies. A permittee shall be notified in writing by the
City of a significant discrepancy between the pemittee's routine, self"monitoring records and the City's or
POTW's monitoring results within thirty (30) days after the receipt of such reports and monitoring results.
The permittee shall then have ten (10) working days to reply in writing to such notification. If mutual
resolution of such discrepancy is not achieved, additional sampling shall be performed by the City
employees. Samples may be split between the Permittee's laboratory or agent and the POTW's laboratory
for analysis.
-
19
As revised 17-Sep-03
Subd. 8. Wastewater Discharge Records. Wastewater discharge records of a permittee shall .
be kept by the permittee for a period of not less than three (3) years. The permittee shall provide
the City reasonable access to these records during normal business hours. A permittee, subject to
an applicable Pretreatment Standard, shall maintain all records required by Code of Federal
Regulations, Title 40, Section 403.12 (n) of the General Pretreatment Regulations.
Section 42.13: PRETREATMENT.
Subd. 1: Compliance with Standards. Where pretreatment, flow equalizing facilities or
interceptors are provided for any water or wastes, they shall be effectively operated and maintained con-
tinuously in satisfactory and effective condition by the owner at hislher expense, and shall be available
for inspection by the City employees at all reasonable times.
Industrial Users shall achieve compliance with all Federal Categorical Pretreatment Standards
within the time limitations as specified by the Federal Pretreatment Regulations. Industrial Users as
required by their Industrial Discharge Permit shall submit to the City for review detailed plans shO\ving
the pretreatment facilities at least sixty (60) days prior to initiation of construction. The City shall approve
the Industrial User's pretreatment plans if it appears that the proposed pretreatment facility is capable of
meeting all applicable limitations.
The City's review and approval shall in no way relieve the Industrial User from the responsibility
of modifying the facility as necessary to produce an effluent complying with the provisions ofthese rules.
Any subsequent modifications in the pretreatment facilities which will result in a substantial change in
discharge shall be reported to be approved by the City upon a determination that the modified facility is .
capable of meeting all applicable limitations, prior to the modification of the existing facility.
Residual solids from a pretreatment facility shall not be dispos~d, directly or indirectly, into the
SSS without prior written approval from the City. The disposal method shall be in accordance with local,
State and Federal requirements. The City shall be notified in writing within ten (10) days of the
substantial changes in such residual solids disposal procedures and/or characteristics.
Subd. 2: Trap Installations. Grease, oil and sand traps shall be provided for the proper discharge
of waste containing excessive amounts of grease, oil, or sand. All trap installations shall be regularly
cleaned and maintained for adequate performance.
Section 42.14: CONFIDENTIAL INFORMATION. Information and data on a user obtained
from reports, questionnaires, permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agencies without restriction unless the user
specifically requests and is able to demonstrate to the satisfaction of the City that the release of such
information would divulge information, processes or methods of production entitled to protection as trade
secretes of the user.
When requested by the person furnishing a report, the portions of a report which might disclose
trade secrets or secret processes shall not be made available for inspection by the public, but shall be
made available upon written request to governmental agencies for uses related to this ordinance, the
NPDES Permit, State Disposal System Permit, Sewer Use Agreement and/or the pretreatment programs;
provided, however, that such portions of a report shall be available for use by the State or any State
20 -
As revised 17-S(!}p-03
. agency in judicial review or enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the City as·confidential, shall not be transmitted to any governmental agency or
to the general public by the City until and unless a ten (10) day notification is given to the user.
Section 42.15: SEVERABILITY AND CONFLICTS.
Subd. 1: Severability. If the provisions of any section, paragraph, or sentence of these rules shall
for any reason be held to be unconstitutional or invalid by any court of competent jurisdiction, the
provisions ofthe remaining sections, paragraphs and sentences shall nevertheless continue in full force
and effect.
Subd. 2: Conflicts. If conflicts arise between these rules, and rules previously adopted by the
City, these rules, and the interpretations thereof; shall take precedence.
Section 42.16: ENFORCEMENT.
Subd. 1. Remedies Available. The City may suspend the sewer system service and/or an
Industrial Discharge Permit when such suspension is necessary, in the opinion of the City,
in order to stop an actual or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons, to the
environment, or to the POTW, or would cause the City to violate .any condition of its
NPDES of State Disposal System Permit. Any user notified of a suspension of the sewer
system service and/or the Industrial Discharge Permit shall immediately stop the discharge.
. In the event of a failure of the user to comply voluntarily with the suspension order, the
City shall take such steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW or endangerment to any
individuals. The City shall reinstate the Industrial Discharge Permit and/or the sewer
system service upon proof of the elimination of the non-complying discharge.
A detailed written statement submitted by the user describing the causes of the slug or
accidental discharge and the measures taken to prevent any future occurrence shall be
submitted to the City within five (5) working days of the date of occurrence.
Subd. 2: Revocation of Permit. In accordance with the procedures of Section 42.16 360:80 of
this ordinance, the City may revoke the permit of any user which fails to factually report the wastewater
constituents and characteristics of its discharge; which fails to report significant changes in wastewater
constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of
inspection or monitoring; or for violation of conditions of its permit, this ordinance, or applicable State
and Federal regulations.
Subd. 3: Notification of Violation. Whenever the City finds that any person has violated or is
violating this ordinance, Industrial Discharge Permit, Phosphorus Management Plan or any prohibition,
limitation or requirement contained herein, the City may serve upon such person a written notice stating
the nature of the violation, Within ten (10) days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the City by the user. informing the user of the action being
- 21
As revised 17-Sep-03
undertaken by the City (suspension, revocation, etc.), advising the user of required corrective measures, .
and the users right to a hearing if correction is not timely completed.
Subd. 4: Show Cause Hearing.
Any user receiving notice of suspension or revocation of a permit, or other penalties or sanctions
authorized by this Ordinance, may request a hearing conducted in accordance with this subdivision to
challenge the action and determine if the action is supported by the existing circumstances.
(A) Notice of Hearing. If the violation is not corrected by timely compliance, the City
may order any use which causes or allows an unauthorized discharge to show cause
before the City Council why the proposed enforcement a~tion should not be taken.
A notice shall be served on the user specifying the time and place of a hearing to be
held by the City Council regarding the violation, the reasons why the action is to be
taken, the proposed enforcement action, and directing the user to show cause before
the City Council why the proposed enforcement actin should not be taken, The
notice of the hearing shall be served personally or by registered or certified mail
(return receipt requested) at least fourteen (14) days before the hearing. Service
may be made on any agent or officer or a corporation.
b) Hearinp; Officials. The City Council may itself conduct the hearing and take the
evidence, or may designate any of its members, administrative law judge, or any officer
or employee of the (assigned department) to: its Administrator, or its legal counsel:
1) To issue in the name ofthe City notices of hearing requesting the attendance and .
testimony of witnesses and the production of evidence relevant to any matter
involved in such hearings;
2) To take the evidence; and
3) To transmit a report of the evidence and hearing, including transcripts and other
evidence, together with recommendations to the City Council for action thereon.
c) Transcripts. At any hearing held pursuant to this ordinance, testimony taken must be
under oath and recorded. The transcript, so recorded, will be made available to any
member of the public or any party to the hearing upon payment of the usual charges
therefor.
d) Issuance of Orders. After the City Council has reviewed the evidence, it may issue an
order to the user responsible for the discharge directing that, following a specified time
period, affirming, modifying, or reversing the prior action or directing that the sewer
service be discontinued unless adequate treatment facilities, devices or other related
appurtenances are properly operated shall have been installed or existing treatment
facilities, devices or other related appurtenances are properly operated. Further
orders and directives as are necessary and appropriate may be issued. or other orders
and directives as may be necessary and appropriate.
22
-
-
As revised 17-Sep-03
. Subd. 5: Legal Action. If any person discharges wastewater, industrial wastes or other wastes
into the City's wastewater disposal system contrary to the provisions of this ordinance, Federal or State
pretreatment requirements or any order of the City, the City Attorney may commence an action for
appropriate legal and/or equitable relief. , including but not limited to, monetary damages and injunctive
relief.
Section 42.17: PENALTIES.
Subd. 1: Administrative Fines. Notwithstanding any other Section of this Ordinance, any user
who is found to have violated any provisionofthis ordinance, or permits and orders issued hereunder,
shall be fmed in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall
occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the
user's next scheduled sewer service charge and the City Administrator shall have such other collection
remedies as he/she has to collect other service charges. Unpaid charges, fines; and penalties shall
constitute a lien against the individual user's property. Industrial Users desiring to dispute such fines may
request for the City Finance Director to reconsider the fine within 10 days of being notified of the
fine. a hearing in accordance with Section 42.16, Subd. 4. Where the City Finance Director believes a
request has merit, he/she shall convene a hearing on the matter within 30 days of receiving the
request from the Industrial User.
Subd. 2: Criminal Penalties. Any person violating any of the provisions of this Ordinance shall
be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than
$700, $800, or by imprisonment for not to exceed ninety (90) days, or both.
. Subd. 3: Costs. In addition to the other penalties provided herein, the City may recover
engineering fees, court costs, court reporter's fees, attorney fees, and and other expenses of litigation by
an appropriate action against the person found to have violated this ordinance or the orders, rules,
regulations, and permits issued hereunder.
Subd.4: Costs of Damage. Any person violating any of the provisions of this ordinance shall
become liable to the City for any expense, loss, or damage occasioned the City by reason of such
violation. The City may add to the user's charges and fees the costs assessed for any cleaning, repair or
replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall
constitute a violation of this ordinance.
Subd. 5: Falsifying Information. Any person who knowingly makes any false statements,
representation or certification in any application, record, report, plan or other document filed or required
to be maintained pursuant to this ordinance, or Industrial Discharge Permit, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method required under this ordinance,
shall upon conviction, be punished by a ¡me of not more than $800 or by imprisonment for not more
than 90 days or by both. guilty of a crime which, upon conviction, is punishable as a misdemeanor as
defined by City ordinance and state law.
Section 42.18: PUBLICATION OF SIGNIFICANT VIOLATIONS.
Public notification will occur at least annually in the official daily newspaper published in the
municipality in which the SSS is located all Industrial Users which, at any time during the previous
23
As revised 17-Sep-03
twelve (12) months, were in significant violation of applicable Pretreatment Standards or Pretreatment .
Requirements. For the purpose of this provision, an Industrial User is in significant violation if its
violations meet one or more of the following:
a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-
six percent (66%) or more of all of the measurements taken during a six (6) month period
exceed (by any magnitude) the daily maximum limit or the average limit for the same
pollutant parameter;
b) Technical review criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of all the measurements taken during a six (6) month period equal
or exceed the product of the daily average maximum limit or the average limit times the
applicable TRC (TRC = 1.4 for CBOD, SS, fats, oil and grease and TRC = 1.2 for all
other pollutants except pH);
c) Any other violation of a pretreatment effluent limit (daily maximum or longer term
average) that the City believes has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of City employees or the
general public);
d) Any discharge of a pollutant that has caused imminent endangerment to human health,
welfare or to the environment and has resulted in the City's exercise of its emergency
authority under 40 CFR 403.8 (F)(1)(vii)(b) to halt or prevent such a discharge;
e) Violation, by ninety (90) days or more after the schedule date, of a compliance schedule .
milestone contained in a local control mechanism or enforcement order, for starting
construction, completing construction, or attaining fmal complianc~;
f) Failure to provide required reports such as baseline monitoring reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules, within thirty
(30) days of the due date;
g) Failure to accurately report noncompliance; or
h) Any other violation or group of violations which the City considers to be significant.
Updated 1017194
24 -
Page 1 of 1
Judy Weyrens
. From: <jbettendorf@sehinc.com>
To: <jweyren s@cityofstjoseph.com>
Sent: Friday, September 05, 2003 5:07 PM
Subject: Water Ordinance
Judy - my comments are as follows:
General : Is Maintenance Superintendent correct, or should it be Public
Works Director? We use Wastewater Superintendent in the
Sewer Ordinance which seems appropriate for Jim M.
41.03: Add the following to the end of the paragraph: "Where the premises
supply irrigation water for landscaped areas, and where the areas to be
irrigated are part of a common area, involving two or more units, that is
maintained by a separate organization such as an association, a separate
meter shall be installed for water used to serve the common area. "
Add the following new section after 41.05: "MANDATORY CONNECTI0N.~ The owner
of any building or property which is located within the City, or in any
area under the jurisdiction of the City, which requires potable water for
residential, commercial, institutional, or industrial purposes, shall be
required to connect to the public water distribution system at the owner's
expense within ninety (90) days after service of official notice to do so,
. provided that said water distribution system is reasonably available for
connection. Said ninety (90) days shall be consecutive calendar days
exclusive of the days between November 1 and May IS." Judy - keep in mind
that DBL Labs is still on it's own well and would be affected by this
prOVISIOn.
41.13: Add the following to the end· of this paragraph: "The water service
pipe installed between the curb stop and the meter shall be subjected to
an air test conducted by the installer. The water service pipe shall hold
an air pressure of 150 psi for IS-minutes without a noticeable drop in
pressure. The Maintenance Superiintendent shall be notified in advance of
the air test, and shall witness the air test.
Add the following new section after 41.17: "AUTOMATIC SPRINKLER SYSTEMS.
Where the premises are served by an automatic sprinkler system used to
irrigate landscaped areas, said system shall include a rain sensor that
will turn the system off in the event of a rainfall of 1/4-inch or more.
Judy - this may require some tweaking as we go, since I do not have much
background in this area.
That's it. Let me know if you nave any questions.
-
-
9/20/2003
UU/.vl_UU~ lÙ~ ~Q:4Q ~~ 3.03637207 n GOHMAN CONSTRUCTION CO IãJ 001/001
~GOHlVIAN
. (.-,'C) N S Tk."U <..-_" 1'1 (,-:':.>N C Cì.
BOX 57 815 ~. COUNTY ROAD 75 ST. JOSEPH, MN 56374
(320) s@''7781 FAX (320) 36>.7207 www.wgohman.com
September 23, 2003
GENERAL
CONTRACTOR
I Ms. Judy Weyrens. City Administrator
City of St. Joseph
25 ColJege Avenue North
St. Joseph. MNS6374
Building &
Remodeling RE: New water and sewer acce~s charges
Comme1'ciQI
lntþJ$lriQI. Dear Judy,
lnslinmon"I
Professional As tract d d I . S J. h ha . "th
Religious a COlt or an eve 0pel'1n t. osep ,we ve some very senous concerns WI
I the proposed ""cess cbotges for the City of St. Joseph. To have mte.s so much higher
than area cities will make it increasingly difficult to attract businesses to the city.
One of the reasOns we can entice businesses to the outstate area. is because the cost of
. DesìgnlBuild doing business is lower, and by adopting the same rates as the Twin Cities
Metropolitan Area for access charges it narrows the gap on tbe cost of the
I development. Businesses like reslaumnts and reb1il rely on tmffic counts ond
population density to determine if a site is suitable, and if you can build for a similar
cost in the Twin Cities as St. Joseph why build in St. Joseph.
c.ònsl1'uctio" ". .. .
Monagemtnt We need to make it appealing for commercIal busmesses to move mto St. Joseph aud
Strvices create local jobs and pay taxes. The business park is only beginning to take off and
the cost ofland there is already too high because of the assessments and development
costs.
Iftbis new ordinance passes as is proposed) it will force us to look loother areas to
develop business opportunities with lower costs, thereby leapfrogging around 8t.
Joseph.
Yours truly,
W.Gohman Construction Co.
~ ~......
Bruce Gohman
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