Ordinance No. 5 – Sewer Ordinance June 1970

Posted on Posted in Ordinance

An ordinance relating to a sewage disposal plant and the necessary interceptor and outlet sewers: prescribing rules, regulations, and rates to be followed and paid by the owners or occupants of property now connected or hereafter connected with the sewage system of the village of Bellechester, Minnesota; prescribing penalties for delinquent charges and method of collection thereof, and punishment for violation.

The village of Bellechester, Minnesota ordains:

SECTION 1. Definitions. As used in this ordinance, unless the context otherwise requires.

  1. “Village” means the Village of Bellechester or its officers or employees authorized to perform the functions to which there is a reference.
  2. “Sewage” means water-carried wastes from residences, institutions, business buildings and other establishments.
  3. “Sewer” means a pipe or conduit for carrying sewage.
  4. “Public sewer” means a sewer common to the public and which is controlled by public authority.
  5. “Municipal sewage disposal system” means the entire sewage disposal system of the Village for the collection and disposition of sewage and industrial wastes, including but not limited to, the sewers and disposal plant.
  6. “Sanitary sewer” means a sewer carrying sewage and to which storm, surface, and groundwater are not intentionally admitted.
  7. “Industrial waste” means the liquid wastes resulting from any commercial, manufacturing, or industrial operation as distinct from sewage.
  8. “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 building and conveys it outside to the building sewer which begins feet (5) feet outside the inner face of the building wall.
  9. “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.
  10. “Person” means any individual, corporation (public or private), partnership or association.
  11. “User” means the owner, lessee or occupant of the premises connected to the municipal sewage disposal system.
  12. “Service” means connection to the municipal sewage disposal system and the right to the use of its facilities whether or not the facilities are in fact used.
  13. “Notice” means a notice in writing directed to the owner or other person affected for the time specified by this ordinance, stating briefly the condition which is the reason for the notice and the consequences which would result upon failure to comply with the terms of the notice. A notice shall be deemed given when either it is personally served on the person to whom it is directed or is mailed to him at his last known address. If the owner cannot be reached by mail so addressed, service may be made upon the occupant.

SECTION 2. Public interest and necessity declared. This Council does hereby find it necessary, advisable and expedient to build and construct a Sewage Disposal Facility for public convenience from which a revenue may be derived and as a part hereof, construct all necessary interceptor and outlet sewers together with the acquisition of such land as may reasonably be necessary for the proper construction, operation and maintenance thereof. In accordance with law, for the purposes of implementing this system, and the regulations for use and operation of such system, the Village Council shall have authority to contract with the owners of any private water system now serving the Village of Bellechester.

SECTION 3. Use of Municipal sewer system required.

  1. It shall be unlawful for any person to place or deposit or permit to be deposited in an unsanitary manner upon public or private property within the Village of Bellechester, Minnesota, or in any area under its jurisdiction, any sewage or industrial wastes.
  2. It shall be unlawful to discharge to any natural outlet within the Village of Bellechester, Minnesota, or any area under its jurisdiction any sewage or industrial waste unless it has been suitably treated as provided hereinafter.
  3. Except as provided in paragraph (e) of this section, it shall be unlawful to construct or maintain any privy, septic tank, cesspool or such facility intended or used for the disposal of sewage. Any prior ordinance of the Village relating to construction or maintenance of any privy, septic tank, cesspool or similar facility, to the extent inconsistent herewith, is hereby superseded.
  4. The owner of every residence, business or industrial building in this Village abutting upon any street or alley in which sewer and water mains (public or private) are maintained, shall install at his own expense a toilet in the building and connect it with the public sewer and water mains (now or hereafter publicly owned) within THIRTY (30) days after notice to do so, provided the public sewer and the water main is within 100 feet of the property line. If such owner fails to provide such toilet after notice to do so, the Village shall provide for the installation of such toilet and charge the cost against the property as a special assessment.
  5. So long as a public sewer and water main is not available under paragraph (d) above, the building sewer shall be connected to a private disposal system complying with other ordinances of the Village and with all requirements of the Minnesota Pollution Agency. At such time as a public sewer becomes available to the property, the building sewer shall be connected to it and the use of any septic tank, cesspool or other private disposal shall cease.
  6. Any privy, septic tank, cesspool or other such facility intended for the disposal of sewage which is constructed or maintained in violation of any provisions of this section of the ordinance is declared to be a public nuisance and the Village may abate the same in the manner provided by law.

SECTION 4. Building sewer and connections and street excavations relating thereto.

  1. No building sewer shall be built, repaired, extended or connected with the public sewer without a permit.
  2. No building sewer shall be built, repaired, extended or connected with the public sewer except by a plumber duly licensed by the State of Minnesota to perform the work or by any other qualified person; a permit shall be issued only to the person doing the work.
  3. All applications for sewer permits shall be made to the Village Clerk by the person employed to do the work. The application shall be accompanied by a plan and drawing the proposed work.
  4. Before a permit is given on the application, the Village may inspect the premises and the proposed installation to ascertain if the installation is proper and in compliance with the local and state laws, ordinances and regulations, and that the statements in the application are true. All plumbing installations shall comply with the state plumbing code. After the application has been approved by the Village Council, and the applicant has paid to the Village Clerk such permit fee as the Village Council may set by resolution from time to time, the Clerk shall issue the permit.
  5. Upon issuance of the permit, the person to who it is granted may proceed with the work in accordance with the permit granted. The applicant shall notify the Village Clerk of the progress of the work at such stages during construction as the Village may direct and in particular shall notify the Clerk when the building sewer is complete and ready for connection with the public sewer. The Village shall be given an opportunity to inspect the work after it is completed and shall require the work to be done satisfactorily and in compliance with the law before excavations are filled.
  6. All connections with the public sewer shall be made with cast iron, vitrified stoneware, P. V. C. or A. B. S., plastic pipe, and shall comply with all current state plumbing code standards. All joints and connections shall be gas and water tight. The size, slope and depth of the building sewer shall be subject to the approval of the Village, but in no event shall the internal diameter be less than FOUR (4) inches, and a slope of one-quarter inch to the foot shall be used wherever practical. Pipe shall be inspected by the Village before laid and be subject to its approval. The connections of the building sewer with the public sewer shall be made at the “Y” branch designated for the property, if suitable; any other location for the connection shall be only as directed by the Village.
  7. Every building shall be separately and independently connected with the public sewer.
  8. The Village Council may from time to time by resolution adopt regulations not inconsistent with this ordinance governing construction of the building sewers and connections to the public sewer.
  9. All excavations for building sewer installations shall be adequately guarded with barricades and lights and other appropriate warning devices so as to protect the public from hazard. Streets, alleys, sidewalks and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
  10. The applicant shall indemnify and save harmless the Village from any claims of injury. Loss or damage to third parties arising out of the construction work, this provision being a condition to the issuance of the permit. The Village may, as a condition to issuance of the permit, require the applicant to file a corporate surety bond for faithful performance of the work and to indemnify and save harmless the Village from any negligence in performance, the bond to be for a period of two years.

SECTION 5. Service charges and rates.

Sewerage service charges are hereby imposed upon each lot, parcel of land, buildings or premises served by the sewerage system, or otherwise discharging sewage (including industrial wastes) into the sewage system. Such sewerage service charges shall be payable as hereinafter provided as follows:

  1. Hookup charges
    1. A minimum charge of $750.00 shall be made, and shall be due and payable at the time the user’s connection is made to the public sewage system, for those units having toilet facilities, bathroom and/or shower facilities, and that type of sewer and water use incidental to and normally associated with residential occupancy.
    2. A minimum charge of $250.00 shall be made, and shall be due and payable at the time the user’s unit connection is made to the public sewage system, for all other unit connection is made to the public sewage system, for all other units where the use is less demanding on the municipal sewage disposal system.
  2. Residential users – rates.
    1. The minimum rate for each residential family or unit shall be $19.00 per month. Where more than one family occupies the same building and each have usual household facilities involving water and sewage, at least the minimum rate shall apply to each family. An additional 50 cents per month shall be charged for each child or occupant, excluding, however, the head of the household and spouse in the residential unit not to exceed a total charge of an additional $2.00 per month.
  3. Business users.
    The minimum rate for each business user shall be $19.00 per month.
  4. Special Commercial Users.
    Sewerage service charges for those users which place high loads on the sewerage system due to the high discharge rate and/or type of discharge into the system shall be set by the Village council according to the individual loads and discharge rates. Included in the “special user” section shall be: users engaged in the slaughter of livestock or poultry; users which receive and process cream or milk; exceptionally high users of water and sewage facilities such as schools or industry.
  5. Miscellaneous
    In the event any land, building or premises discharging sanitary sewage, industrial wastes or other liquids into the sewer system of the Village is not supplied with water from the water works of said Village, or by a water works system to be acquired by said Village, and/or the water used therein is not metered by the water department, then in each case the sewer service charge shall be fixed by the Village Council in such method as they may find just, equitable and practical.
  6. Collection of Charges
    It is hereby found and determined that the sewage disposal plant prevents pollution of the water supply and where the premises are connected to the municipal water system, now owned or acquired hereafter, the charge may be a surcharge on and collected with the regular periodic water bill. In case of non-payment of such sewer surcharge within thirty (30) days the village Council or its designee shall promptly discontinue water service to the premises. In the event of the discontinuance of water service the same shall not be resumed until payment of all past due water and sewer charges, including penalties thereon and a charge of $1.00 for the resumption of service. All sewer service charges and all hookup charges shall be a charge against the owner, lessee, or other occupant of the premises, and against any or all of them, and such claim for such unpaid charges which have been properly billed to the occupant may be collected in a civil action in any court of competent jurisdiction, or in the discretion of the Village Council, be certified to the county auditor of Goodhue County or Wabasha County, as appropriate, with the taxes against such property served, and shall be collected as other taxes are collected. Payment of delinquent sewage service charges thus collected shall be credited to the same fund in the same manner as current service charges, deducting therefrom any costs of collection accruing to the Village.
  7. Rate adjustments.
    Sewer service charges may be adjusted from time to time by the Village Council, either by ordinance or resolution.
  8. Records.
    An account for services will be kept for each user and a separate account for separate premises. Each user will be liable for service to his premises. Bills for service will be rendered monthly and will be due within thirty (30) days of their date, but failure of the Village to render a bill or of the user to receive a bill will not excuse payment. Bills will be mailed to users at the addresses shown on applications on the day of their date. The charge for sewer service may be included on the water bill, but if so shall be separately stated therein. The Village Clerk will keep accounts and render the bills; he will receive payment of bills and give receipts therefore.
  9. Application of Funds.
    The monies received from charges or rentals collected under this ordinance shall be placed in a separate sewage treatment fund of the Village of Bellechester. Also, any monies received from the sale of any by-product arising out of sewage treatment or disposal or from the sale of any sewer facilities or equipment shall be credited to this fund. The other monies so received shall be recorded, deposited, secured, and paid out as are other funds of the Village to meet the cost of operating and maintaining the facilities, and any additional sums collected shall be applied to the Village of Bellechester, provided, however, that such receipts shall be used first for capital charges represented by bonds, certificates of indebtedness, or otherwise, and to the reasonable replacement and obsolescence, and as provided by law.
  10. Effective Date.
    The rates established by this ordinance shall be effective as of the date the project manager shall first certify the municipal sewage disposal system completed and ready for public use

SECTION 6. Use of the public sewers.

  1. No person shall discharge or cause to be discharged any of the following described waters or wastes into any municipal sewer:
    1. Storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water or unpolluted industrial waste waters.
    2. Any liquid or vapor having a temperature higher than 160 degrees F.
    3. Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
    4. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas.
    5. Any garbage except properly shredded garbage.
    6. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or fiscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage system.
    7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or to create any hazard in the waters of the sewage disposal plant.
    8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage disposal plant.
    9. Any noxious of malodorous gas or substance capable of creating a public nuisance.
  1. No person shall damage, break or remove any portion of any catch basin, covering flag, gully grating, flush tank or manhole, or any part of the municipal sewage disposal system, or in any way interfere with the use of the public sewer or the flow of sewage through it.
  2. Grease, oil and sand interceptors shall be provided when, in the opinion of the Village Council, or its designee, they are necessary for the proper handling of liquid wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Village Council or its designee, and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes of temperature. They shall be of substantial construction, water-tight, and equipped with easily removable covers which when bolted in place shall be gas-tight and water-tight. All grease, oil and sand interceptors shall be maintained by owner, at his expense, in continuously efficient operation at all times.

SECTION 7. Other provisions.

  1. Any duty or authority herein imposed on or given to the Village Clerk, except in Section 5, may be performed and exercised by any employee of the Village other than an elected official, designated by resolution of the Council, which resolution shall specify the duties and authority of the employee and to that extent the Clerk will be relieved of his obligations herein.
  2. The Clerk, inspector, and other duly authorized employees and agents of the Village shall be permitted to enter upon any premises at any reasonable time for the purpose of inspection, measurement and testing and performing such other functions as may be required under the provisions of this ordinance.
  3. Except as expressly provided for, nothing in this ordinance shall contractually bind the Village.

SECTION 8. Penalties for Violation.

Violation of any of the provisions of Sections Three (3), Four (4), and Six (6) of this ordinance shall be penal offences. Upon conviction for any of such offenses the penalty shall be a fine not in excess of $300.00 or imprisonment in the county jail for not exceeding ninety (90) days or both. Conviction shall not preclude civil liability to the Village for any damage caused the Village by the illegal act.

Passed by the Village Council this 11th day of June, 1970.

Attested: W. N. Majerus, Clerk Quentin J. Majerus, Mayor

Published in the Goodhue County Tribune, Goodhue, Minnesota on July 9, 1970.