ORDINANCE #12

ORDINANCE NO. 12

GARRISON, KATHIO, WEST MILLE LACS LAKE SANITARY DISTRICT
AN ORDINANCE ESTABLISHING SEWER USE REGULATION

An Ordinance regulating the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system; and providing penalties for violation thereof.

Be it ordained and enacted by the Board of Managers of the Garrison, Kathio, West Mille Lacs Lake Sanitary District, Crow Wing County and Mille Lacs County, Minnesota as follows:

ARTICLE I
DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of the terms used in this ordinance shall have the meanings hereinafter designated:

Section 1 “ACT” The Federal Water Pollution Control Act also referred to as the Clean Water Act, as amended, 33. U.S.C. 1251, et seq.

Section 1.1 “Adjacent” To be considered adjacent, the property in question first has to abut the road right-of-way or District easement that the sanitary sewer is being installed within.
Next, for residential properties, the structure or sewer collection point that has plumbing facilities that requires sewer service has to be within 500 feet of the road right-of-way or District easement that the sanitary sewer is being installed within. Next, for non-residential properties, the entire non-residential parcel that abuts the road right-of-way or District easement must connect to the District’s sanitary sewer system unless the non-residential parcel does not require sewer service. The entire non-residential parcel that requires sewer service shall connect to the District’s sanitary sewer system even if a portion of the non-residential parcel or any structures or sewer collection points located thereon are located more than 500 feet of the road right-of-way or District easement.

Section 2 “ASTM” American Society for Testing and Materials.

Section 3 “Authority” The Garrison, Kathio, West Mille Lacs Lake Sanitary District or a designated representative.

Section 4 “Biochemical Oxygen Demand or BOD5” The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade in terms of milligrams per liter (mg/l).

Section 5 “Building Drain” That part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the building wall.

Section 6 “Building Sewer” The extension from the building drain to the public sewer or other place of disposal also referred to as a house connection or service connection. The private property owner is responsible for maintaining the line in good condition to the public sewer.

Section 7 “Board of Directors” When used in the text, will refer to the Garrison, Kathio, West Mille Lacs Lake Sanitary District Board of Managers.

Section 8 “Chemical Oxygen Demand (COD)” The quantity of oxygen utilized in the chemical oxidation of organic matter as determined by standard laboratory procedures, and as expressed in terms of milligrams per liter (mg/l).

Section 9 “Compatible Pollutant” Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants to a degree which complies with effluent concentration limits imposed by the permit.

Section 10 “Control Manhole” A structure specially constructed for the purpose of measuring flow and sampling of wastes.

Section 11 “District” The area within the corporate boundaries of the Garrison, Kathio, West Mille Lacs Lake Sanitary District, as presently established or as amended by ordinance or other legal actions at a future time. The term “District” when used herein may also be used to refer to the Board of Managers and its authorized representatives.

Section 12 “Easement” An acquired legal right for the specific use of land owned by others.

Section 13 “Fecal Coliform” Any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.

Section 14 “Floatable Oil” Oil, fat, or grease in a physical state, such that it will separate by gravity from wastewater.

Section 15 “Garbage” Animal and Vegetable waste resulting from the handling, preparation, cooking and serving of food.

Section 16 “Incompatible Pollutant” Any pollutant that is not defined as a compatible pollutant (Sec. 9) including non-biodegradable dissolved solids.

Section 17 “Individual Sewage Treatment System” A sewage treatment system connecting to a single dwelling or other establishment, consisting of: soil treatment unit, septic tank, and any associated pumping and piping systems.

Section 18 “Industry” Any nongovernmental or nonresidential user of a publicly owned treatment works which is identified in the Standard Industrial Classification Manual, latest edition, which is categorized in Divisions A, B, D, E and I.

Section 19 “Industrial Waste” The liquid processing wastes from an industrial manufacturing process, trade, or business including but not limited to all Standard Industrial Classification Manual Divisions A, B, D, E and I, as distinct from residential or domestic wastewater.

Section 20 “Infiltration” Water entering the sewage system (including building drains and pipes) from the ground through such means as defective pipes, pipe joints, connections and manhole walls.

Section 21 “Infiltration/Inflow (I/I)” The total quantity of water from both infiltration and inflow.
Section 22 “Inflow” Water other than wastewater that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections from storm drains, catch basins, surface runoff, street wash waters or drainage.

Section 23 “Interference” The inhibition or disruption of the District’s wastewater disposal system processes or operations which causes or significantly contributes to a violation of any requirement of the applicable NPDES, SDS, Sewer Extension permit, or the District’s treatment contract.

Section 24 “MPCA” Minnesota Pollution Control Agency.

Section 25 “National Categorical Pretreatment Standards” Federal regulations establishing pretreatment standards for introduction of pollutants in publicly owned wastewater treatment facilities which are determined to be not susceptible to treatment by such treatment facilities, pursuant to Section 402 and 405 of the Act.

Section 26 “National Pollutant Discharge Elimination System Permit” A permit issued by the EPA or MPCA, setting limits on pollutants that a permit tee may legally discharge into navigable waters of the United States pursuant to Sections 402 and 405 of the Act.

Section 27 “Natural Outlet” Any outlet, including storm sewers and combined sewers, which overflow into a watercourse, pond, ditch, lake or other body of surface water or ground water.

Section 28 “Non-contact Cooling Water” The water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added is heat.

Section 29 “Normal Domestic Strength Waste” Wastewater that is primarily introduced by residential users with a BOD5 concentration not greater than 250 mg/l and a total suspended solids (TSS) concentration not greater than 250 mg/l.

Section 30 “Operator” Person certified by the Minnesota Pollution Control Agency, Council of Certification, to operate and maintain the sewage treatment and collection system. The Operator shall hold a Class D Wastewater Operator’s certificate in accordance with Minn R. ch. 9400.

Section 31 “Person” Any individual, firm, company, association, society, corporation or group.
Section 32 “pH” The logarithm of the reciprocal of the concentration of hydrogen ions in terms of grams per liter of solution.
Section 33 “Pretreatment” The treatment of wastewater from industrial sources prior to the introduction of the waste effluent into a publicly owned treatment works.

Section 34 “Properly Shredded Garbage” The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all of the particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than ½ inch (1.27 cm) in any dimension.

Section 35 “Sewage” The spent water of a community. The preferred term is wastewater.
Section 36 “Sewer” A pipe or conduit that carries wastewater or drainage or drainage water.

(a) “Collection Sewer” – a sewer whose primary purpose is to collect wastewaters
from individual point source discharges and connections.

(b) “Combined Sewer” – a sewer intended to serve as a sanitary sewer and a storm sewer.

(c) “Force Main” – a pipe in which wastewater is carried under pressure.

(d) “Interceptor Sewer” – a sewer whose primary purpose is to transport wastewater from collection sewers to a treatment facility.

(e) “Private Sewer” – a sewer which is not owned and maintained by a public authority.

(f) “Public Sewer” – a sewer owned, maintained and controlled by a public authority.

(g) “Sanitary Sewer” – a sewer intended to carry only liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters which are not admitted intentionally.

(h) “Storm Sewer or Storm Drain: – a drain or sewer intended to carry storm waters, surface runoff, ground water, sub-surface water, street wash water, drainage, and unpolluted water any source.

Section 37 “Sewer Authority” The governmental entity, which has monitoring, inspection, permitting and enforcement authority over sanitary improvements.

Section 38 “Shall” is mandatory; “May” is permissive.

Section 39 “Slug” Any discharge of water or wastewater which in concentration of any given constituent, or in any quantity of flow, exceeds for any period of duration longer that fifteen (15) minutes, more than five (5) times the average 24 hour concentration of flows during normal operation, and shall adversely affect the collection an/or performance or the wastewater treatment works.

Section 40 “State Disposal System (SDS) Permit” Any permit (including any terms, conditions and requirements thereof) issued by the MPCA pursuant to Minnesota Statues 115.07 for a disposal system as defined by Minnesota Statutes 115.01, Subdivision 8.

Section 41 “Suspended Solids (SS or Total Suspended Solids (TSS)” The total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids and is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater”, latest edition, and referred to as non-filterable residue.

Section 42 “Toxic Pollutant” The concentration of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse affects as defined in standards issued pursuant to Section 307 (a) of the Act.

Section 43 “Unpolluted Water” Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards, and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities.
(For example, see “Non-contact Cooling Water”, Sec 28)

Section 44 “User” Any person who discharges or causes or permits the discharge of wastewater into the District’s wastewater disposal system.

Section 45 “Wastewater” The spent water of a community and referred to as sewage. From the standpoint of source, it may be a combination of the liquid and the water carried wastes from residences, commercial buildings, industrial plants, and institutions together with any ground water, surface water and storm water that may be present.

Section 46 “Wastewater Treatment Works or Treatment Works” An arrangement of any devices, facilities, structures, equipment, or processes owned or used by the District for the purpose of the transmission, storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage or industrial wastewater, or structures necessary to recycle or reuse water including interceptor sewers, outfall sewers, collection sewers, pumping, power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works including land which is an integral part of the treatment process or is used for ultimate disposal of resides resulting from such treatment.
Section 47 “Watercourse” A natural or artificial channel for the passage of water, either continuously or intermittently.

Section 48 “WPCF” the Water Pollution Control Federation.

ARTICLE II

CONTROL BY BOARD OF MANAGERS

Section 1. The Board of Managers of the Garrison, Kathio, West Mille Lacs Lake Sanitary District, shall have control and general supervision of all public sewers and service connections in the District, and shall along with their employees and contractors be responsible for administering the provisions of this ordinance to the end that a proper and efficient sanitary sewer system is maintained.

ARTICLE III

USE OF PUBLIC SEWERS REQUIRED

Section 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the District any human or animal excrement, garbage or objectionable waste.

Section 2. It shall be unlawful to discharge to any natural outlet any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance and the treatment entity’s NPDES/SDS Permit.

Section 3. Except as provided hereafter it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for disposal of wastewater.

Section 4. Mandatory connections. The owners(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes from which wastewater is discharged, which are situated within the District and are adjacent to the sanitary sewer as defined in Article I Section 1.1, shall be required, at the owners’ expenses, to install a suitable service connection to the public sewer in accordance with provisions of this Ordinance, within 90 days of receipt of notice and said sewer is operational.

All future buildings constructed on property adjacent to the public sewer shall be required to connect to the public sewer prior to use. If sewer connections are not made pursuant to this section, an official 60-day notice shall be served instructing the affected property owner to make said connection.

Section 4.1 Cold weather exception to installation deadline. No connection shall be required between November 1 to May 1 of each year. If the normal time to connect falls in that time period, owners shall have until June 30 to connect.

Section 4.2 Other exceptions as determined by Board of Managers. All deadlines may be extended by the Board of Managers for good cause shown, i.e., inclement weather or other conditions not in control of the applicant. Owners of newly constructed buildings are advised to install their sewer connection during the building season. New construction may not be occupied without adequate sewer or septic.

Section 4.3 No well exception to mandatory connection. For properties with access to the sanitary sewer line, but that have no wells, and upon which there is a camper, trailer RV, fish house or other structure used for sleeping, they may, as an alternative to connecting to the sanitary sewer line, obtain a yearly license. Application for a license shall be furnished to the District no later than May 1 each year. A license fee of $250 shall accompany the application. The license fee may be changed by the Board of Managers from time to time. The application for a license shall contain at least the following information in addition to name, location and contact information:
1) An affirmation there is no well on the property.
2) A statement of how water is furnished to the parcel for human use.
3) A description, including a sketch, of the general type, size and location of any structures.
4) A description, including a sketch, of the type, size and location of tanks for holding wastewater.
5) A copy of the land owner’s tank pumping contract.
6) A copy of the pumping records for the previous year. (If this is the first year for a license, a reminder that pumping records will be needed each year in the future). Pumping records shall include property address, amount pumped, date of pumping, name of company and name of service person.

A representative from the District will visit each no well situation to monitor compliance and follow through.

This license option is only available to properties that existed with structures and no wells as of January 1, 2012. No other properties will be allowed this option. For existing licensed properties, replacement, or enlargement of current structures will trigger a requirement to connect to the sanitary sewer line.

Section 5 In the event an owner shall fail to connect to the public sewer in compliance with a notice given under this ordinance, the District may take any action legal in the State of Minnesota including but not limited to any or all of the following:

5.1 Commence to charge a monthly service charge against the property as though the
Owner had complied with a requirement to connect to the system.

5.2 Declare a public nuisance, which is a misdemeanor. The landowner shall be given thirty days to appeal to the Board of Managers or to connect. The appeal must be received by the Board within 30 days. Said misdemeanor shall be punishable upon conviction thereof in accordance with the laws of the State of
Minnesota. The District may make the connections as a means abating the nuisance and charge all costs of such an action, including the legal costs back to the offending landowner.

5.3 The District may petition the District Court for a Court Order requiring the owners to connect to the public sewer system and ordering the owner to connect within a reasonable amount of time to be established by the Court, or for an Order authorizing the District to make the connection. In he event the District petitions the Court for an Order directing the connections, either by the owner or the district, the owner shall be liable for all costs of enforcement including court costs and reasonable attorney’s fees related to said action.

Section 6 Supervision and Plan Review. All work performed with the limit of the service area shall be under the direct supervision of the Sewer District System Inspector. Permits shall be required for all connections to the system. Structures existing at the time that the sewer line is constructed will be grandfathered in and will be connected even if all zoning requirements are not met.

Permits must be displayed at the site in a manner prescribed by the Board. Copies of permits issued shall be given to the Inspector and turned over to the Board office when the connection and inspection are completed.

Section 6.1 Connections after the time of initial construction of the system. For all new connections, after the initial connections, the following procedure must be followed. At the time of application for a permit, the applicant must show that the proposed use complies with the zoning requirements of the entity in which the property is located. As a minimum, site plans must be submitted which are complete enough to allow for the calculation of percent of impervious surface coverage. All applications shall be signed by the landowner and an installer licensed by the District.

Section 6.1.1 No filling of wetlands. Landowners shall affirmatively state on their application that they will not and have not filled wetlands for this construction, and /or that they have complied with all applicable wetland regulations.

Section 6.2 Permit criteria New permits shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to compliance with all treatment contract requirements, capacity for flow, BOD5, Phosphorous, Suspended Solids, and long range needs and goals of the District.

Section 6.2.1 All recommendations for or against issuing a permit shall be in
writing. The District personnel or consultant shall make all recommendations for or against issuing a permit in writing to the Board and to the applicant. If the recommendation is to deny a permit, specific reasons must be included. The Board shall then determine whether or not to issue a permit.

Section 6.2.2 Appeal process. The applicant may appeal a denial of a connection permit to the Board of Managers, provided such appeal is received within 30 days of the written notification of a denial. The decision of the board after this appeal is considered final.

Section 6.3 Permit and Inspection Fee. The Board may require payment of a permit and/or an inspection fee in a reasonable amount to be determined by the Board to cover the costs of issuing permits and inspecting new connections. In the event such permit or inspection fee is not forthwith paid, the Board may, upon complying with such notice and hearing requirements as are legally required, take action up to and including disconnection of service.

Section 6.4 Waiver of permit requirements. The Board may waive permit requirements, if the Board determines that there is an emergency.

Section 6.5 Review Fees and process for non-residential property, and residential properties with more than one EDU (equivalent dwelling unit). In all instances where the connection to the system is other than single dwelling unit or its equivalent or for a non-residential connection, wastewater quantity and quality information shall be submitted to the Board’s engineer for review.

All information must be submitted at least two (2) weeks before a regularly scheduled board meeting. If the required information is not submitted within said time frame, the Board will not be required to take action until the following regularly scheduled meeting.

A deposit of $200.00 must accompany all information submitted for connections that are expected to be more than one and not more than 5 EDU’s. A deposit of $500.00 must accompany all information submitted for connections that are expected to be more than 5 EDU’s. Said money will be used to pay engineering fees incurred by the Board in reviewing the plans. If a balance remains after review of the information, said balance shall be refunded to the applicant. If the amount deposited is not sufficient to defray said expense, the applicant shall deposit additional sums as determined by the Board to defray said expense. No permit for connection to the system shall be issued if money is owed to the Board for system review expense.

The engineer shall make recommendations to the Board for acceptance, rejection, changes or additions as well as the number of EDU’s represented by the proposed construction.

Section 6.6 Connections made without District Permission. In the event any person or party makes connection with the Sewer District’s system without a permit, the Board shall ensure that the same is properly inspected to determine that such connection does not jeopardize the safe and efficient operation of the system. Upon discovery, the party shall immediately pay a permit fee. In addition, the Board may recover any cost from the landowner for an inspection and/or correction of an improper connection.

Section 7.0 Decommissioning of private septic systems. Within 30 days of connection to the public sewer, any private septic tank, cesspools, and similar wastewater disposal systems shall be cleaned of sludge. The bottom shall be broken to permit drainage, and the tank or pit filled with suitable material, or otherwise decommissioned in accordance with Minnesota rules and statues.

ARTICLE IV

PRIVATE WASTEWATER DISPOSAL

Section 1 Where a public sewer is not available under the provisions of Article III, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Article.

Section 2 Prior to the commencement of construction of a private wastewater disposal system, the owner(s) shall first notify the District in writing, with appropriate supplementary information, to obtain District input on the proximity of existing public sewer of the potential plans for any extension of the public sewer adjacent to their property. The actual permit for the construction of the private treatment system will be issued by the City of Garrison, Crow Wing County or Mille Lacs County depending upon where the property is located.

Section 3 Inspections of the private wastewater treatment facility shall be done by the local jurisdiction in the manner prescribed by the local jurisdiction.

Section 4 At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, a direct connection shall be made to the public sewer as required in Article III.

Section 5 No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the MPCA or the Department of Health of the State of Minnesota.

ARTICLE V

LICENSED CONTRACTOR

Section 1 It is unlawful for any person, whether as a contractor or a subcontractor, to engage in the work or business of installing private sewer lines and appurtenances for others without a license therefore from Garrison, Kathio, West Mille Lacs Lake Sanitary District. Subcontractors will not be required to obtain a license if the contractor is license with the District, and they are covered by the contractor’s liability insurance.

Section 2 Any person desiring to engage in such work shall make application to the Garrison, Kathio, West Mille Lacs Lake Sanitary District on the form supplied by the District together with the designated fee. The fee is currently $25.00 annually and may be changed by the District from time to time. All licenses shall be for one (1) year annually. (Except that any license in 2004 shall not expire until January 1, 2006.) A plumber licensed by the State Board of Health shall pay no fee to the District, but shall show evidence of his or her State license before the District will issue a license.

Section 3 Each applicant for license shall sign an agreement on a form to be supplied by the District agreeing to pay the District the actual costs of repair for any damages caused the District sewer system by the applicant or any of applicant’s employees or agents. This agreement shall accompany the license application.

Section 4 A Certificate of Insurance from a company acceptable to the District shall accompany each application for license. The certificate shall show public liability insurance coverage with a limit of at least $1,000,000. Said certificate shall specifically state that such insurance covers underground operations and shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least 15 days prior written notice has been given to the District.

Section 5 It is unlawful for any person to install, construct or repair any private sewer line without being covered by public liability insurance of the type and the limits set out in this Article.

ARTICLE VI

PRIVATE SEWER LINES AND CONNECTIONS

Section 1 Any new connections(s) to the sanitary sewer system shall be prohibited until a permit has been issued by the District.

Section 2 No person shall make a service connection with any public sewer unless regularly licensed under this Ordinance to perform such work, and no permit shall be granted to any person except such regularly licensed person.

Section 3 No authorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the District.

Section 4 All costs and expenses incidental to the installation and connection of the private sewer line shall be borne by the owners(s).

Section 5 Old private sewer lines may be used in connection with new buildings only when they are found, on examination and test by the District or its representative, to meet all requirements of this ordinance.

Section 6 The size, slopes, alignment, materials or construction of a private sewer line, and the methods to be used in excavating, placing of pipe, jointing, testing, and backfilling of the trench, shall all conform to the requirements of the State of Minnesota Building and Plumbing Code or other applicable rules and regulations of the District. In the absence of code provisions or in the amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. All such connections shall be made gas tight and watertight, and verified by proper testing to prevent the inclusion of infiltration/inflow. Any deviation from the prescribed procedures and materials must be approved by the District prior to installation.

Section 7 Whenever possible, the private sewer line shall be brought to the building at an elevation below the basement floor. In all buildings into which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the private sewer line at the owner’s expense. At the owner’s option and expense, a backflow preventor device/valve may be installed in such situations.

Section 8 No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface water runoff or ground water to a private sewer line or indirectly to the wastewater disposal system.

Section 9 The applicant for the building permit shall notify the District when the building is ready for inspection and connection to the public sewer. The connection and inspection shall be made under the supervision of the District or its authorized representative thereof.

Section 10 All excavations for private sewer line installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work, shall be restored in a manner satisfactory to the District and the local unit of government.

ARTICLE VII

USE OF THE PUBLIC SEWER

Section 1 No person(s) shall discharge or cause to be discharged any unpolluted water such as storm water, ground water, roof runoff, surface drainage, or non-contact cooling water to any sanitary sewer.

Section 2 Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers or disbursed according to MPCA rules and regulations. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet upon approval and issuance of a discharge permit by the MPCA.

Section 3 No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(a) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or to be injurious in any other way to the wastewater disposal system or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, motor oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohol’s, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.

(b) Solid or viscous substances which will cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than one-half (1/2) inch in dimension, fish guts, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

(c) Any wastewater having pH of less than 5.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater disposal system.

(d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving of waters of the wastewater disposal system. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

Section 4 The following described substances, materials, water, or wastes shall be limited in discharge to municipal systems to concentrations or quantities which will not harm either sewers, the wastewater treatment works treatment process or equipment, will not have an adverse effect on the receiving stream and/or soil, vegetation and ground water, will not put the District in non-compliance with its contract, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Board of Managers may set limitations lower than limitations established in the regulations below if, in their opinion, such more severe limitations are necessary to meet the above objectives. In forming their opinions as to the acceptability of wastes, the Board will give consideration to such factors as the quantity of subject waste in reaction to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, the Board’s sewer extension permit, the sewer treatment contract, capacity of the sewage treatment plant, degree of treat ability of waste in the sewage treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer, which shall not be violated without approval of the Board are as follows:

(a) Any wastewater having a temperature higher than 150degrees Fahrenheit (65.6 C), or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104 F (40 C), or having heat in amounts which will inhibit biological activity in the wastewater treatment works resulting in interference therein.

(b) Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 C and 65 C); and any wastewater containing oil grease concentrations of mineral origin of greater than 100 mg/l, whether emulsified or not.

(c) Any quantities of flow, concentrations, or both which constitute a “slug” as defined herein. (See Article I, Section 39).

(d) Any garbage not properly shredded, as defined in Article I, Section 34. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food on the premises or when served by caterers.

(e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life, or are sufficient to prevent entry into the sewer for their maintenance and repair.

(f) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(g) Non-contact cooling water or unpolluted storm, drainage, or groundwater.

(h) Wastewater containing inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in such quantities that would cause disruption with the wastewater disposal system.

(i) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Board in compliance with applicable state or federal regulations.

(j) Any waters or wastes containing the following substances: arsenic, cadmium, copper, cyanide, lead, mercury, nickel, silver, total chromium, zinc or phenolic compounds to a degree that the materials received threaten to prevent adequate treatment of the waste.

(k) Any wastewater which creates conditions at or near the wastewater disposal system which violates any statute, rule, regulation, or ordinance of any regulatory agency, or state or federal regulatory body.

(l) Any waters or wastes containing BOD5 or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment works, except as may be permitted by specific written agreement subject to the provisions of Section 16 of this Article.

Section 5 If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which contain substances or possess the characteristics enumerated in Section 4 of this Article, and/or which in the judgment of the Board may have a deleterious effect upon the wastewater treatment facility processes, equipment, or receiving water and/or soil, vegetation and ground water, or which otherwise create a hazard to life or constitute a public nuisance, the District may:

(a) reject the wastes;

(b) require pretreatment to an acceptable condition for discharge to the public sewers; pursuant to section 307(b) of the Act and all addendums thereof:

(c) require control over quantities and rates of discharge, and/or:

(d) require payment to cover added costs of handling and treating and disposing of wastes not covered by existing taxes or sewer charges.

If the District permits the pretreatment or equalization of waste flows, the design and installation of the facilities and equipment shall be made at owner’s expense, and shall be subject to the review and approval of the District pursuant to state, federal and contract requirements.

Section 6 No user shall increase the use of process water or, in any manner, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this ordinance, or contained in the Nation Categorical Pretreatment Standards or any state or federal requirements.

Section 7 Where pretreatment or flow-equalizing facilities are provided or requires for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation at the owner’s expense.

Section 8 Grease, oil and sand interceptors or settling tanks shall be provided and installed by the owner when, in the opinion of the District they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in Section 4(b), any flammable wastes, as specified in Section 3(a), sand, or other harmful ingredients; except that such interceptor shall not be required for private living quarters or dwelling units. All interceptors shall be to the type to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal of the captured materials by appropriate means, and shall maintain a record of dates and means of disposal, which are subject to review by the District. Any removal and hauling of the collecting materials not performed by the owner’s personnel, must be performed by a currently licensed waste disposal firm.

Section 9 Where required by the District, the owner of any property serviced by a private sewer line carrying industrial wastes shall install a suitable structure, or control manhole with such necessary meters and other appurtenances in the private sewer line to facilitate observation, sampling and measurement of wastes. Such structure shall be accessibly and safely located, and shall be constructed in accordance with the plans approved by the District. The structure shall be installed by the owner at his/her expense and shall be maintained by the owner so as to be safe and accessible at all times.

Section 10 The owner of any property serviced by a private sewer line carrying industrial wastes may at the discretion of the District, be required to provide laboratory measurements, tests, and analysis of waters and wastes to illustrate compliance with this Ordinance and any special conditions for discharge established by the District or regulatory agencies having jurisdiction over the discharge. The number, type and frequency of sampling and laboratory analysis to be performed by the owner shall be stipulated by the District. The industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the Federal, State, and local standards are being met. The owner shall report the results of measurements and laboratory analysis to the District at such times, and in such manner as prescribed by the District. The owner shall bear the expense of all measurements, analysis and reporting required by the District. At such times deemed necessary, the District reserves the right to take measurements and samples for analysis by an independent laboratory.

Section 11 All measurements, test, and analysis of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association. Sampling methods, location, times, duration and frequencies are to be determined on an individual basis subject to approval by the District.

Section 12 Where required by the District, the owner of any property serviced by a sanitary sewer shall provide protection from an accidental discharge of prohibited materials or other substances regulated by this ordinance. Where necessary, facilities to prevent accidental discharges of prohibited materials shall be provided and maintained at the owner’s expense.
Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the District for review and approval prior to construction of the facility. Review and approval of such plans and operating procedures shall not relieve any user from the responsibility to modify the user’s facility as necessary to meet the requirements of this ordinance. Users shall notify the District immediately upon having a slug or accidental discharge of substances of wastewater in violation of this Ordinance to enable countermeasures to be taken by the District to minimize damage to the wastewater treatment works. Such notification will not relieve any user of any liability for any expense, loss or damage to the wastewater treatment system or treatment process, or for any fines imposed on the District on account thereof under any State and Federal law. Employers shall insure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure.

Section 13 No person, having charge of any building or other premises which drains into the public sewer, shall permit any substance or matter which may form a deposit or obstruction to flow or pass into the public sewer. Within fifteen (15) days after receipt of written notice from the District, the owner shall install a suitable and sufficient catch basin or waste trap, or if one already exists, shall clean out, repair or alter the same, and perform such other work as the District may deem necessary. Upon the owner’s refusal or neglect to install a catch basin or waste trap or to clean out, repair or alter the same after the period of fifteen (15) days, the District may cause such work to be completed at the expense of the owner or representative thereof.

Section 14 Whenever any service connection becomes clogged, obstructed, broken or out of order, or detrimental to the use of the public sewer, or unfit for the purpose of drainage, the owner shall repair or cause such work to be done as the District may direct. Each day after fifteen (15) days that a person neglects or fails to so act shall constitute a separate violation of this section, and the District may then cause the work to be done, and recover from such owner or agent the expense thereof by an action in the name of the District.

Section 15 The owner or operator of any motor vehicle washing or servicing facility shall provide and maintain in serviceable condition at all times, a catch basin or waste trap in the building drain system to prevent grease, oil, dirt or mineral deposit from entering the public sewer system.

Section 16 In addition to any penalties that may be imposed for violation of any provision of this chapter, the District may charge a fee to any person for the cost of repairing or restoring sewers or associated facilities damaged as a result of the discharge of prohibited wastes by such person, and may collect such fee as an additional charge for the use of the public sewer system or may assess the charge against the property or collect the fee in any other manner deemed appropriate by the District.

Section 17 No statement contained in this Article shall be construed as preventing any special
Agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment, subject to payment thereof, by the industrial concern, providing the National Categorical Pretreatment Standards and the District’s Sewer Extension Permit limitations and contract treatment limitations are not violated.

ARTICLE VIII

PROTECTION OF SEWAGE WORKS FROM DAMAGE

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment, which is a part of the wastewater. Any person violating this provision shall be subject to immediate arrest and charges.

ARTICLE IX

USER RATE SCHEDULE FOR CHARGES

Each user of sewer service shall pay the charge(s) applicable to the type of service, and in accordance with the provisions set forth in Ordinance No. 13.

ARTICLE X

POWERS AND AUTHORITY OF INSPECTORS

Section 1 The duly authorized representative or other duly authorized employee of the District bearing proper credentials and identification, shall be permitted to enter all commercial properties for the purpose of inspection, observations, measurement, sampling and testing pertinent to the discharge to the District sewer system in accordance with the provisions of this ordinance.

If it becomes necessary to enter any residential property for the purpose of inspection, observation, measurement, sampling and testing pertinent to the discharge to the District sewer system in accordance with the provisions of this ordinance the District or their representative shall first seek permission to enter from the property owner. The property owner shall have the choice of admitting the District’s representative, or of selecting another qualified person to do the inspection, which is mutually acceptable to the District and the property owner.

Section 2 The duly authorized representative or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the type and source of discharge to the wastewater collection system. An industry may withhold information considered confidential however; the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. Further, the industry must provide enough information to ensure that the discharge to the wastewater collection system can be safely handled within the limits of the sewer extension permit and the contract for treatment.

Section 3 While performing necessary work on private properties, the duly authorized representative or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the property owner, and the property owner shall be held harmless for injury or death to the District employees and the District shall indemnify the company against loss or damage to its property by District employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article VI, Section 9 of the ordinance.

Section 4 The duly authorized representative or other duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved.

ARTICLE XI
PENALTIES

Section 1 any person violating any provision of this ordinance or any rule or regulation adopted in pursuance thereof, or any other provision of any code adopted by reference, shall, upon conviction be subject to a fine or not more than $700.00 or imprisonment for a term not to exceed 90 days or both, and in either case, the costs of prosecution.

Section 2 Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense.

Section 3 Application to District staff. The failure of any officer or employee of the District to perform any official duty imposed by this Ordinance shall not subject the officer or employee to the penalty imposed for violation unless a penalty is specifically provided for such failure.

Section 4 In addition to other penalties imposed for violation of this Ordinance, any person violating any of the provisions of this Ordinance shall become liable to the District for any expense, loss or damage occasioned by the District by reason of such violations.

ARTICLE XII
APPEALS

Section 1 any final decision of the Board of Managers regarding permits and authorized uses may be appealed at an Administrative Law hearing. A request for such a hearing must by delivered to the District Office within 30 days of a final decision. The District will then obtain an Administrative law Judge and will set up a hearing. Each party must bear their own costs for representing themselves at the hearing. The costs of the hearing itself, i.e. for obtaining an Administrative Law Judge and for holding the hearing will be born by the losing party.

ARTICLE XIII

VALIDITY

Section 1 This Ordinance shall be in full force and take effect from and after its passage and approval and publications as provided by law.

Section 2 All other ordinances and parts of other ordinances inconsistent or in conflict with any part of this ordinance, are hereby repealed to the extent of such inconsistency or conflict.

Section 3 Passed by the Board of Managers of the Garrison Kathio West Mille Lacs Lake Sanitary District, Crow Wing County Minnesota this 30 day of December, 2004.

Chairman John Schley

Attest

District Clerk Sandra T. Post

Published in the Brainerd Dispatch & Mille Lacs Messenger

On the 7th & 12th day of July, 2006.