CODE OF REGULATIONS A CODIFICATION OF THE ORDINANCES AND REGULATIONS OF THE LAKE

WASHINGTON SANITARY DISTRICT

CHAPTER 1 GENERAL CODE PROVISIONS AND ADMINISTRATION

SECTION 1.1 Title. This Code may be cited as the “Lake Washington Sanitary District Code of Ordinances and Regulations” and it shall be sufficient to refer to said Code as the “Lake Washington Sanitary District Code” in any prosecution for the violation of any provisions hereof. SECTION 1.2 Codification Authority. The Lake Washington Sanitary District was formed by order of the Minnesota Pollution Control Agency, under the authority of Minnesota Statutes Sections 115.18 to 115.37, and 115.61 to 115.67. The ordinances and regulations of the Code are established pursuant to Minn. Stat. § 115.32. Reference to the Code or to any chapter, section, subsection or other provision shall be deemed to include amendments and additions to the Code. SECTION 1.3 Effective Date. This Code takes effect upon the effective date of the Ordinance of the Board of Directors of the Lake Washington Sanitary District whereby this Code is adopted. SECTION 1.4 Distribution of Code. At least 1 copy of this Code shall be filed for use and examination by the public in the office of the District Secretary or his or her designee. At least 1 copy of this Code, duly certified to by the District Secretary shall be maintained on file in the District Secretary’s office. Additional copies of this Code shall be prepared in loose-leaf form and placed in the county law libraries of Blue Earth, Nicollet, and Le Sueur Counties. SECTION 1.5 Prior Ordinances and Regulations. This Code is intended to be a comprehensive and complete statement of the District’s ordinances and regulations. This Code therefore supersedes all ordinances, resolutions, and regulations of the District in effect on the effective date of this Code. All prior ordinances, resolutions, and regulations shall be deemed amended to read as provided in this Code. SECTION 1.6 Enactment of New Ordinances. Ordinances shall be enacted and adopted according to the procedures of Minnesota Statutes, Chapter 412. SECTION 1.8 Numbering System. This Code is divided into general subject areas by numerical chapters which are further divided into sections. Each section number consists of two or more parts, each separated by a decimal point. The digits preceding the decimal point indicate the section number of the chapter. The digits following the decimal point indicate the subsection.

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SECTION 1.9 Amendments, Additions and Corrections. Additions or amendments to this Ordinance shall be assigned appropriate ordinance numbers and shall be incorporated into this Ordinance as of their effective date.

CHAPTER 2

DEFINITIONS AND RULES OF CONSTRUCTION SECTION 2.1 WORDS, TERMS, AND PHRASES DEFINED 2.1.1 “Account” – all unsettled obligations of a person to the District, including unpaid User

Fees, loss, damage, costs, expense, charges and fees incurred by the District for cleaning, repair and/or replacement of any part of the Sewer System or other District property caused or incurred by said person.

2.1.2 “Board” – the Lake Washington Sanitary District Board of Managers. 2.1.3 “Building Sewer” – the system of sewers, drains and appurtenances included within the

footprint of a building, to a point approximately five feet outside the building foundation. 2.1.4 “Capital Costs” – the reasonable and necessary costs and expenses incurred by the

District in planning, designing, financing and constructing the Sewer System and obtaining service, including but not limited to costs and expenses for obtaining necessary permits, licenses, approvals and grants for design and construction costs; fees for legal and consulting services and the acquisition of such Sewer System and service.

2.1.5 “CBOD” – (Carbonaceous Biochemical Oxygen Demand) the quantity of oxygen utilized

in the biochemical oxidation of organic matter, in the presence of a nitrification inhibitor, under standard laboratory procedures in five days at 20 degrees centigrade expressed in terms of weight and concentration.

2.1.6 “Clean Water Act” – The Clean Water Act, 33 U.S.C. §§ 1251-1387, and as amended

from time to time. 2.1.7 “Code” – Code of Regulations A Codification of the Ordinances and Regulations of the

Lake Washington Sanitary District. 2.1.8 “Cooling water” – water discharged from any use such as air conditioning, cooling or

refrigeration, or during which the only pollutant added to the water is heat. 2.1.9 “Debt Service” – the principal and interest necessary to pay the bonded indebtedness for

the construction and installation of the Sewer System.

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2.1.10 “Debt Service Charge” – the charge related to the principal and interest necessary to pay the bonded indebtedness.

2.1.11 “District” – the Lake Washington Sanitary District formed by the MPCA for the purposes

described in this ordinance. 2.1.12 “Domestic waste” – wastes from residential users and from the sanitary conveniences of

multiple dwellings, commercial buildings, institutions, and industrial facilities. 2.1.13 “Flow” – (also “flow”) the quantity of wastewater expressed in gallons or cubic feet per

24-hour period. 2.1.14 “Future User” – any person who, not less than 180 days after the Sewer System is

available for use, desires or is required to connect to the Sewer System, or discharges, causes, or permits the discharge of wastewater into the Sewer System.

2.1.15 “Greywater” – Sewage that does not contain toilet wastes. 2.1.16 “Indirect discharge” – the introduction of pollutants or wastes into the Sewer System

from any non-domestic source regulated under Section 301(b), (c), or (d) of the Clean Water Act.

2.1.17 “Industrial Waste” – any solid, liquid, or gaseous waste, including cooling water,

resulting from any industrial, manufacturing or business process of whatever nature, or from the development, recovery or processing of natural resources.

2.1.18 “Initial User” – any Person who, not more than 180 days after the Sewer System is

available for use, desires or is required to connect to the Sewer System, or discharges, causes, or permits the discharge of wastewater into the Sewer System.

2.1.19 “MPCA” – Minnesota Pollution Control Agency. 2.1.20 “Mankato, Minnesota City Code, Section 3.31” (also “Mankato Code” for purposes of

this ordinance) Pursuant to the District’s Sanitary Sewer Interconnection Agreement with the City of Mankato, the Mankato City Code, Section 3.31 is incorporated and made a part of this ordinance.

2.1.21 “Multiple Unit User” – any person, authorized under agreement with the District, who

discharges wastewater to the Sewer System from multiple sources through one connection to the system, i.e. a campground or other multi-unit property use.

2.1.22 “Natural outlet” – any outlet in a water course, pond, ditch, lake or other body of surface

water or groundwater.

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2.1.23 “Normal Residential Strength Waste” – wastewater that is produced primarily in a residence or seasonal residence with biochemical oxygen demand concentrations not greater than 300 mg/l and total suspended solid concentrations not greater than 300 mg/l.

2.1.24 “Ordinance” – (also “ordinance”) refers to the individual chapter ordinances of this Code. 2.1.25 “Person” – (also “person”) includes any individual, firm, association, organization,

partnership, business trust, company or corporation, the state or any agency or institution thereof, and any municipality, governmental subdivision, or other entity, including any officer or governing or managing body thereof.

2.1.26 “NPDES Permit” – (also “wastewater discharge permit”) (National Pollutant Discharge

Elimination System Permit) any permit or requirement issued by the MPCA pursuant to the Clean Water Act for the purpose of regulating the discharge of wastewater, industrial wastes, or other wastes under Section 402 of the Act.

2.1.27 “POTW” – (Publicly Owned Treatment Works) the treatment works as defined by

Section 212 of the Clean Water Act which is owned by the municipality (as defined by Section 502(4) of the Act). This includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances if they convey wastewater to a POTW plant.

2.1.28 “Pretreatment” – the process of reducing 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 Sewer System.

2.1.29 “Pretreatment Standards” – standards for industrial categories promulgated by the EPA

pursuant to the Clean Water Act which regulate the quality of effluent discharge to POTW’s and must be met by all users subject to such standards.

2.1.30 “Residence” – a single-family dwelling, home, cottage or cabin used for more than 200

days per year. 2.1.31 “Residential Equivalent Unit” – a unit of measure applied for the purposes of this Code,

to users of the Sewer System. One REU equals an average annual discharge of wastewater to the Sewer System of 200 gallons per day (6,000 gallons per month).

2.1.32 “Sanitary sewer” – a sewer which carries wastewater and to which storm, surface, and

groundwater are not intentionally admitted. 2.1.33 “Seasonal Residence” – a non-homestead single-family dwelling, home, cottage or cabin

used for less than 200 days per year.

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2.1.34 “Sewage” – waste produced by toilets, bathing, laundry, water treatment devices, water conditioning devices, culinary operations, or any waste derived from any potable water source, or the floor drains associated with these sources.

2.1.35 “Sewer Availability Charge (SAC) – charges for a User’s proportionate share of the

Capital Cost of the Sewer System and services. 2.1.36 “Sewer Charges” – means all fees paid by Users of the Sewer System to pay for the

treatment cost, cost of OM&R for the Sewer System, and any future allocated debt service costs in addition to any additional fees pursuant to this Code.

2.1.37 “Sewer System” – the system of pipe, pumps, structures and appurtenances used for

collecting, transporting and conveying Wastewater and in some contexts also for treating and disposing of Wastewater. In this Code, “Sewer System” refers to the District’s Sewer System, including the Building Sewers therein, unless the context indicates otherwise.

2.1.38 “Storm water” – any flow occurring during or following any form of natural precipitation

and resulting therefrom. 2.1.39 “User” – any person who discharges, causes, or permits the discharge of wastewater,

storm water or other unpolluted water into the Sewer System. 2.1.40 “User Fees” – refers to the fees paid by all Users of the Sewer System to pay the Sewer

Availability Charges (“SAC’s”) 2.1.41 “Wastewater” – the liquid and water-carried industrial or domestic wastes from

dwellings, commercial buildings, industrial facilities, and institutions, together with any greywater, groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the Sewer System.

SECTION 2.2 RULES OF CONSTRUCTION 2.2.1 Construction. Unless the provisions of the context otherwise require, these general rules

of construction shall govern the construction of this Code. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

2.2.2 Effect of Headings. Title, chapter, section, and subsection headings contained herein shall

not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, section or subsection hereof.

2.2.3 “Shall” is mandatory; “May” is permissive.

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CHAPTER 3 GENERAL PROVISIONS GOVERNING DISTRICT ORGANIZATION

SECTION 3.1 PURPOSE This Code is adopted pursuant to the provisions and authority of Minnesota Statutes Sections 115.18 to 115.37 as amended. The purpose of this Code is to promulgate rules and regulations, consistent with applicable statutory provisions, with regard to the organization, operations and functioning of the District, the exercise of governmental powers granted to the District and the manner in which District services are to be provided to the District’s constituents. SECTION 3.2 OFFICE AND MAILING ADDRESS The office and mailing address of the District is LAKE WASHINGTON SANITARY DISTRICT 108 SOUTH MINNESOTA AVENUE SUITE 400 ST. PETER, MN 56082 SECTION 3.3 OBSERVANCE OF CODE The provisions of this Code shall be observed by all persons to whom its provisions apply. It shall be unlawful for any person to violate any provision of this Code. The provisions of this Code may be enforced criminally in lieu of or in addition to the Administrative Citations described in Chapter 6 of this Code. SECTION 3.4 DISTRICT ORGANIZATIONAL STRUCTURE 3.4.1 District Governance. The District is governed by the Board of Managers which shall

make provisions for the conduct of the District’s business and the exercise of its governmental powers.

3.4.2 Number, Qualifications and Representation. The Board will consist of 5 members. Each

Board member will be a voter residing in the District. A Board member may, but need not be, an officer, member of any Governing Body, or an employee of a Governmental Subdivision. Each Territorial Unit must continue to maintain representation on the Board at all times and there must be at least one (1) Board member from each Territorial Unit.

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3.4.3 Election.

a. Joint Electing Body. The members of the Governing Bodies meeting in a joint session (“Joint Electing Body”) will elect the Board’s members. The Joint Electing Body will meet and elect the first Board members as soon as practicable after the District’s creation, and will meet and elect Board members for succeeding regular terms as soon as practicable after November 1 next preceding the beginning of the terms to be filled respectively. A majority of the members of each Governing Body will be required for a quorum at any Joint Electing Body’s meeting. In case of a lack of quorum or failure to elect, a Joint Electing Body’s meeting may be adjourned to a stated time and place without further notice.

b. Central Related Governing Body. The Minnesota Pollution Control Agency (“Agency”) has designated Lake Washington Township, LeSueur County, as the central related governing body for purposes of Minnesota Statutes Section 115.23 (“Central Related Governing Body”). The Central Related Governing Body’s chairperson and clerk will act respectively as chair and secretary of all meetings of the Joint Electing Body.

c. Election Meeting Notice. The Central Related Governing Body’s clerk will give at least ten (10) days mailed written notice of all meetings of the Joint Electing Body to the clerk or recorder of each Governing Body, who will immediately transmit the notice to all respective Governing Body members.

d. Nominations. Nominations for Board members may be made by petitions, each signed by ten (10) or more voters residing and owning land in the District, filed with the Central Related Governing Body’s clerk before the election meeting. No person may sign more than one petition. The Joint Electing Body will give due consideration to all nominations presented by petition but will not be limited to petitioned nominations and may nominate their own candidates.

e. Election. The Joint Electing Body will elect a Board member by a majority vote of the members present at the meeting. Instead of meeting as the Joint Electing Body, the Governing Bodies may also elect a Board member by resolutions adopted by all of the Governing Bodies separately, concurring in the election of the same person as a Board member. A majority vote of all the members of each of the Governing Bodies will be required for the resolution’s adoption. The clerks of each of Governing Bodies must transmit certified copies of the resolutions electing a Board member to the Central Related Governing Body’s clerk. Upon receiving concurring resolutions from all of the Governing Bodies, the Joint Electing Body’s chair and secretary will certify the election results and furnish certificates of election.

f. Election Results Certification. The Joint Electing Body’s chair and secretary will certify each election’s results to the Agency’s secretary, the county auditors of LeSueur and Blue Earth Counties and each Governing Body’s clerk, and will make and transmit to each Board member elected a certificate of the Board member’s election.

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3.4.4 Quorum; Voting. A majority of the Board’s members will constitute a quorum at all

Board meetings for transacting business, but a lesser number may meet and adjourn to compel the attendance of absent Board members. Each Board member will have one (1) vote. Except as otherwise provided, an action within the Board’s authority may be taken by the affirmative vote of a majority of the Board members present at a regular or special meeting.

3.4.5 Term of Office. The Joint Electing Body will arrange and determine the terms of the first

Board members elected after the District’s creation to expire on the 1st business day in January as follows:

a. the terms of two (2) members will expire in the 2nd calendar year after the year in which the members are elected;

b. the terms of the two (2) other members will expire in the 3rd calendar year after the year in which the members are elected; and

c. the term of the remaining one (1) member will expire in the 4th calendar year after the year in which the member is elected.

All Board members elected after the first Board members will be elected successively for regular terms beginning on expiration of the preceding terms and expiring on the 1st business day in January of the 3rd calendar year thereafter. Each Board member will serve until a successor is duly elected and qualified.

3.4.6 Vacancies. Any vacancy in the Board’s membership will be filled for the unexpired term

in like manner as provided for the regular election of Board members. 3.4.7 Board Meetings.

a. Open Meetings. Except as provided in Minnesota Statutes Section 13D.01 to .07, as amended, all Board meetings will be open to the public. The Board must keep minutes of its proceedings as a public record.

b. Annual Meeting. The Board will hold an annual meeting upon the Chair’s call on or as soon as practicable after the 1st business day in January of each year, to elect the officers to serve until the 1st business day in January of the following year and to transact any other appropriate business.

c. Regular Meetings. The Board will hold regular monthly meetings on the 2nd and 4th Mondays of each month at 7:00 p.m. at the District’s official meeting place, or at such other place as the Board may determine by resolution.

d. Special Meetings. The Chair or any two (2) Board members may call a special meeting at any time by written notice, sent by regular or electronic mail, to each

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Board member at least three (3) business days before the meeting, or upon such other notice as the Board may by resolution provide. The Board will also give notice to the public of any special meeting as provided in Minnesota Statutes Section 13D.04, as amended.

e. Meeting Place. The Board will hold all meetings at the District’s principal office or any other place the Board may designate. The Board’s secretary will notify the Minnesota Secretary of State, the Agency’s secretary, the county auditors of LeSueur and Blue Earth Counties and each Governing Body’s clerk of the locations and post office addresses of the Board’s meeting place and offices and any changes to them.

3.4.8 Compensation. Board members will receive compensation per meeting attended and will

also receive reimbursement for actual expenses incurred, including meals and mileage, while engaged in performing the duties of their office or otherwise engaged in the business of the District. Members will be reimbursed upon submission of vouchers and/or receipts for expenses incurred. All reimbursement for expenses must be approved by the Board. Board members will be reimbursed for their mileage expenses at the federal mileage reimbursement rate then in effect.

3.4.9 Committees. The Board may appoint standing or temporary committees in its discretion

with the powers and duties as the Board may prescribe. All committees will report to the Board as the Board prescribes. If the Board does not designate a time to report, all committees appointed will report to the Board at the Board’s next regular meeting following the committees appointment.

3.4.10 Officers and Employees. The District’s officers will be a Chair and a Vice-Chair, who

must be Board members, and a Secretary and a Treasurer, who may but need not be Board members. The Board will elect the officers at its annual meeting for terms expiring on the 1st business day in January next following. Each officer will serve until a successor is duly elected and qualified. The offices of Secretary and Treasurer may be combined. Except as otherwise provided, the Chair, Vice-Chair, Secretary, and Treasurer will have like powers and duties, respectively, as the mayor, acting mayor, clerk, and treasurer of a statutory city. The Board may create other officers as it deems desirable. The District may, by resolution, create and employ a utility superintendent and any other employment positions having the duties as the Board determines.

3.4.11 Surety Bonds and Insurance. The Board may procure surety bonds for its officers and

employees in the amounts it deems necessary to assure proper performance of their duties and proper accounting for funds in their custody. The Board may also procure insurance against such risks to property and such liability of the Board and its officers, agents and employees for personal injury or death and property damage and destruction in the amounts as the Board deems necessary.

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CHAPTER 4 REGULATIONS GOVERNING CONSTRUCTION OF DISTRICT SEWER SYSTEM

SECTION 4.1 PURPOSE This Chapter sets forth uniform requirements for the construction and maintenance of the Sewer System and enables the District to comply with all federal, state, and local laws. The objectives of this Chapter are: (1) to prevent the introduction of pollutants into the Sewer System which will interfere with the operation of the Sewer System or the treatment and disposal of wastewater; (2) to prevent the introduction of pollutants into the Sewer System which may be inadequately treated by the City of Mankato’s treatment plant and passed into receiving waters of the state, the land surface, or the atmosphere, or otherwise be incompatible with the Sewer System; and (3) to provide for the efficient and safe collection, conveyance and treatment of wastewater from the District. SECTION 4.2 BUILDING SEWERS AND CONNECTIONS 4.2.1 No person, unless authorized, shall uncover, make any connections with, or disturb any

portion of the Sewer System, except in accordance with the applicable portions of this ordinance.

4.2.2 All costs and expenses incident to the installation and connection of the Building Sewer

shall be the responsibility of the applicable building owner. The owner shall indemnify and hold harmless the District from any loss or damage to the Sewer System that may directly or indirectly be occasioned by the installation of the Building Sewer or the extension of the Sewer System to said owner’s property. The owner shall be expressly responsible for the acts of his or her agents performing work upon property on which the Sewer System extends.

4.2.3 A separate and independent Building Sewer and pressure grinder pump (or similar device

approved by the District) shall be required for every commercial or agricultural building, single family dwelling, and for each separate living quarters or unit within a multi-family residential unit such as an apartment building, duplex, triplex, townhome structure or other multi-family structure. Each separate Building Sewer shall be separately connected to the Sewer System unless a special permit is obtained from the District for proven extenuating circumstances. Any such special permit shall require a written agreement between the property owners and the written consent of the District, allocating among the applicable property owners the costs of construction and maintenance of any common Building Sewer or pressure grinder pump. This provision specifically supersedes any conflicting provisions set forth in this Code and the Mankato Code.

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4.2.4 Existing Building Sewers may be used in connections with new buildings only when they are found, upon examination and testing by the District, to meet all requirements of this ordinance.

4.2.5 The size, slope, alignment, materials of construction of a building sewer, and the method

to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the Minnesota Building Code, and all other applicable rules and regulations. In the absence of specific Code provisions, or in amplification thereof, the materials and procedures established by the Water Environment Federation and the American Society of Testing and Materials (ASTM) shall apply.

4.2.6 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 District and discharged to the Building Sewer. All building drains shall be provided with pressure grinder pumps or similar devices approved by the District and the same shall discharge into the Sewer System. This provision specifically supersedes any conflicting provisions set forth in this Code and the Mankato Code.

4.2.7 No person shall make connection of roof downspouts, exterior foundation drains,

areaway drains, or other source of surface runoff or groundwater to a Building Sewer or building drain that is connected in any manner whatsoever to the Sewer System.

4.2.8 The construction of the Building Sewer and its connection to the Sewer System shall

conform to the requirements of the Minnesota Building Code, the sewer specifications of this Ordinance, and other applicable rules, regulations, and procedures set forth by the Water Environment Federation and the American Society of Testing and Materials (ASTM). All such construction shall be made gastight and watertight. Any deviation from these prescribed procedures and materials must be approved by the District prior to installation.

4.2.9 The District shall be allowed to inspect the work at any stage of construction and, in any

event, the applicant for connection to the Sewer System shall notify the District when the work is ready for final inspection. No underground portions shall be covered before the final inspection is completed, and all connections shall be made under the supervision of the District or its representative.

4.2.10 Any new connections to the Sewer System shall be prohibited unless the District

determines that sufficient capacity, (including but not limited to flow, CBOD, and suspended solids) is available in all downstream portions of the system and at the POTW.

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SECTION 4.3 CONNECTIONS, ALTERATIONS, MAIN AND LATERAL SEWERS 4.3.1 No person, unless authorized by the District, shall uncover, make any connections with or

opening into, use, alter, or disturb any portion of the Sewer System without first obtaining a written permit from the District. The District may require that the person requesting such a permit deposit with the District Treasurer an amount not to exceed $5,000.00 to ensure compliance with the provisions of this ordinance, refundable upon a demonstration of such compliance as evidenced by the inspection and approval of the work authorized by the permit. The District may, in addition to the deposit required by this section, charge a reasonable permit fee to cover the costs of inspections and administrative expenses associated with alterations or connections to the Sewer System.

4.3.2 Permit Fees.

Curb Stop Connections. Following construction of the Sewer System and connection of all initial users, a fee of $125.00 shall be paid before a permit will be issued permitting any connection to any curb stop or isolation valve connection to the Sewer System. The application for such a permit shall be accompanied by plans and drawings prepared by a qualified engineering firm which shall supervise the connections at the cost of the applicant. Any permit issued pursuant to this section is not valid until all such costs and permit fees are paid in full. Hot Tap Connections. Following construction of the Sewer System and connection of all initial users, a fee of $125.00 shall be paid before a permit will be issued permitting any “hot tap” or “live” connection to any curb stop or isolation valve connection to the Sewer System. The application for such a permit shall be accompanied by plans and drawings prepared by a qualified engineering firm which shall supervise the connections at the cost of the applicant. Any permit issued pursuant to this section is not valid until all such costs and permit fees are paid in full.

4.3.3 No main or lateral sewer shall be constructed in the District except by the District. No

such main or lateral sewer shall be considered part of the Sewer System unless and until accepted by the District.

4.3.4 No lift station or check valve shall be installed on any portion of the Sewer System

except by the District. No such lift station or check valve shall be considered part of the Sewer System unless and until accepted by the District.

4.3.5 The size, slope, alignment, material of construction, methods to be used in excavation,

placing of pipe, jointing, testing, backfilling and other work connected with the construction of sewers shall conform to the requirements of the District.

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SECTION 4.4 PROTECTION FROM DAMAGE No person shall negligently, willfully, or maliciously break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the Sewer System. SECTION 4.5 RESPONSIBILITY FOR DEFECTS All persons performing work in the construction or maintenance of the Sewer System shall be responsible for their own errors and omissions and those of their agents, subcontractors and employees. Upon notification by the District of any defects in the work or a violation of any applicable requirements of the work, all such persons shall be responsible to take immediate and appropriate corrective measures. If the person or persons performing the work do not remedy the problems within the time frame specified by the District, the District may do so and recover its expense from the responsible persons. SECTION 4.6 LIABILITY The District, its directors, officers, agents and employees shall not be liable for injuries or damages of any kind or nature arising out of or related to any work of construction and maintenance except, and to the extent, the District is itself legally at fault for such injuries or damages. To the same extent, any contractor or other person causing the work to be performed shall defend, indemnify and hold harmless the District, its Directors, officer, agents and employees of and from any such injuries or damages which may be imposed or sought to be imposed on any of them, including all costs, expenses, attorneys’ fees and interest incurred in any legal action or proceeding. SECTION 4.7 ENFORCEMENT 4.7.1 Notification of Violation. Whenever the District finds that any person has violated or is

violating this Chapter 4 Regulations Governing Construction of District Sewer System, the District may serve upon such person a written notice stating the nature of the violation. Within 10 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the District by said person.

4.7.2 Criminal Penalties. Any person who fails to timely respond to notification of a violation

shall be guilty of a misdemeanor and said person may be punished by a fine of up to $1,000.00 and/or 90 days in jail in lieu of or in addition to the Administrative Citations described in Chapter 6 of this Code.

4.7.3 Costs and Attorneys’ Fees. In addition to the penalties provided herein, the District may

recover attorney’s fees, court costs, court reporter’s fees, and other expenses of litigation

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CHAPTER 5 REGULATIONS GOVERNING USE OF DISTRICT SEWER SYSTEM

SECTION 5.1 GENERAL RECITALS 5.1.1 The Board of Managers of the District has entered into a Sanitary Sewer Interconnection

Agreement with the City of Mankato, Minnesota to treat wastewater collected in the District under certain terms and conditions.

5.1.2 As a condition of the Sanitary Sewer Interconnection Agreement, the District must adopt

the following use provisions, and incorporate Section 3.31 of the Mankato City Code. 5.1.3 Adoption by Reference. Section 3.31 of the Mankato City Code is incorporated herein by

reference and attached hereto as Appendix A to this Code. SECTION 5.2 PURPOSE 5.2.1 This Chapter sets forth uniform requirements for the discharge of wastewater to the

Sewer System and enables the District to comply with all federal, state, and local laws. The objectives of this Chapter are: (1) to prevent the introduction of pollutants into the Sewer System which will interfere with the operation of the Sewer System or the treatment and disposal of wastewater; (2) to prevent the introduction of pollutants into the Sewer System which may be inadequately treated by the City of Mankato’s treatment plant and passed into receiving waters of the state, the land surface, or the atmosphere, or otherwise be incompatible with the Sewer System; and (3) to provide for the efficient and safe collection, conveyance and treatment of wastewater from the District.

5.2.2 This Chapter provides for the regulation of discharges into the District’s Sewer System

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.

SECTION 5.3 MANDATORY CONNECTION 5.3.1 All private septic systems and other similar facilities shall be properly abandoned or

removed at the time service to the Sewer System is made available to real estate upon

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5.3.2 Limited Exception to Mandatory Connection. All such private septic systems and other

similar facilities which are located within the District and more than 1000 feet from the ordinary high water level1 of any lake within the District are excluded from the mandatory connection requirements of Section 5.3. A property owner of a property excluded under this section 5.3.3 may apply for a connection to the Sewer System pursuant to the provisions of section 5.3.4 of this Code.

5.3.3 A property owner of a property excluded under section 5.3.3, and desiring a permitted

connection to the Sewer System as described above in section 5.3.3 shall make written application to the District on the District’s Sanitary Sewer Connection Application and Permit form. The applicant shall complete the form and furnish such additional information as required by the District to substantiate that the proposed connection will comply with the provisions of this ordinance and that the connection will not place an undue burden on the District’s current wastewater flow or exceed any wastewater flow limitations imposed by the then-current Interconnection Agreement with the City of Mankato. The permit may require payment of additional charges to defray increased costs of the District created by the proposed connection or by this permitting process.

SECTION 5.4 DISTRICT RIGHT OF ENTRY Representatives of the District may enter any property having a private wastewater disposal system for the purpose of inspecting such system and making such other investigations and tests as are deemed necessary. Entry shall be made during the daylight hours unless abnormal or emergency circumstances require otherwise. SECTION 5.5 USE OF SEWER SYSTEM 5.5.1 It shall be unlawful to discharge into any natural outlet within the District or in any area

under the jurisdiction of the District any wastewater or other polluted water. 5.5.2 It shall be unlawful within the District to construct or maintain any privy, privy vault,

septic tank, cesspool, or other facility intended or used for the disposal of wastewater. Temporary portable toilet facilities may be permitted by special permit issued by the District for the purpose of providing toilet services for construction projects or special events or purposes pursuant to Section 5.11 of this Code.

5.5.3 Construction of any new structures within the District from which wastewater is or shall

be discharged shall not occur without first securing a connection to the Sewer System.

1 The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Minn. Stat. § 103G.005.

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5.5.4 The owner of any building or property which is located within the District, or in any area

under the jurisdiction of the District, and from which wastewater is discharged, shall be required to connect to and discharge all wastewater into the Sewer System, at the owner’s expense, within sixty days after service of official notice to do so, provided that a connection is available. 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 State Building Code and this ordinance. Said notice shall be given by the District, or its designated agent, and shall be served upon the owner personally or by certified mail.

5.5.5 In the event an owner shall fail to connect to a public sewer in compliance with a notice

given under this section, the District may undertake to have said connection made and shall charge the cost thereof against the property, which charge shall be a lien against said property. Such charge shall bear interest at the rate of 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 District in the same manner as assessments for local improvements. The rights of the District under this subdivision shall be in addition to any other rights of the District under this ordinance.

5.5.6 No person shall discharge or cause to be discharged directly or indirectly any storm

water, surface water, groundwater, roof runoff, subsurface drainage, unpolluted cooling or process water to the Sewer System, unless approved by the District upon finding that there is no prudent and feasible alternative.

5.5.7 Storm water and all other unpolluted water shall be discharged to a storm sewer or other

appropriate outlet, subject to existing regulatory requirements including the requirement to obtain an NPDES Permit as applicable.

SECTION 5.6 INDUSTRIAL WASTE USES 5.6.1 All Industrial Waste Users proposing to connect or to commence a new discharge to the

wastewater treatment system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater treatment system if the discharge would result in the industry being classified as a significant Industrial User. All existing Industrial Users or Industrial Users subject to national categorical pretreatment standards under the Clean Water Act connected to or discharging into the Sewer System shall obtain a wastewater discharge permit within 180 days after the effective date of this ordinance.

5.6.2 Users required to obtain a wastewater discharge permit shall complete and file with the

City of Mankato, an application in the form prescribed by the City. SECTION 5.7 LIMITATIONS ON WASTEWATER STRENGTH

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5.7.1 Pretreatment Standards and general regulations promulgated by the EPA pursuant to the

Clean Water Act shall be met by all users subject to such standards in any instance where they are more stringent that the limitations in this ordinance, unless approval has been obtained from the MPCA to modify the specific limits in the Pretreatment Standards. In all other respects, Industrial Users shall comply with all provisions of this ordinance and any permit issued thereunder, notwithstanding less stringent provisions which may be prescribed under any other pretreatment regulation or standard.

5.7.2 State requirements and limitations on discharges shall be met by all Users subject to such

standards in any instances in which they are more stringent than federal requirements or those in this ordinance.

5.7.3 The District reserves the right to establish by ordinance more stringent limitations or

requirements on discharge to the Sewer System if it deems it necessary to comply with the objectives of this ordinance.

5.7.4 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.

5.7.5 The reports specified and required in the Code of Federal Regulations, Title 40, Section

403.12 regarding general pretreatment regulations shall be submitted to the District by the applicable Users.

SECTION 5.8 PROHIBITED DISCHARGES 5.8.1 In addition to the prohibited discharges under Section 3.31 of the Mankato City Code

(which are incorporated herein), no person shall discharge or cause or allow to be discharged, directly or indirectly, into the Sewer System any of the following waste pollutants:

5.8.1.1 All waste of any type generated from any source outside the designated sewer service

area of the Sewer System. 5.8.1.2 All waste generated from septic tank contents, privy vault contents, sewage holding tanks

and the like, generated from within the limits of the designated sewer service area of the Sewer System.

5.8.1.3 Any wastes which may directly or indirectly impair the proper functioning of the Sewer

System or the City of Mankato’s POTW.

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5.8.1.4 Any wastes, the strength or pollution effects of which are not effectively altered by ordinary treatment processes, or the presence of which in the receiving stream would violate state or federal water quality standards.

5.8.1.5 Discharges described in, or in excess of those described in this Section 5.8 may be

accepted into the City of Mankato’s POTW pursuant to a written agreement between the discharger as more fully described in Section 3.31 of the Mankato City Code.

SECTION 5.9 UNLAWFUL ACTS 5.9.1 It is unlawful for any Person to make or maintain a connection between eaves troughs,

rainspouts, footing drains, or any other conductor used to carry natural precipitation or ground water to the Sewer System or any part thereof.

5.9.2 Any property owner in violation of this section, and upon receiving notice of said

violation, shall disconnect the conductor from the Sewer System, and shall be assessed a monthly surcharge, as determined by the Board, for each month that the conductor is not permanently disconnected. Failure to permanently disconnect the conductor may result in suspension of sewer services.

5.9.3 It is unlawful for any Person to construct, alter, or extend any sewer connected or

proposed to be connected to the Sewer System without first having the plans and specifications therefor approved by the District.

5.9.4. It is unlawful for any Person having charge of any premises to maintain thereon any drain

or sewer connected with the Facilities in a clogged, obstructed, broken or damaged condition, or not in conformance with the State Building Code.

5.9.5 It is unlawful for any Person to discharge, or cause or permit to be discharged, any

sewage or unhealthful matter into any lake, natural ravine, or public waters. 5.9.6 If any Person discharges wastewater, industrial wastes, or other wastes into the Sewer

System contrary to the provisions of this ordinance, federal or state pretreatment requirements or any order of the District, the District may commence an action for appropriate legal and/or equitable relief.

SECTION 5.10 ACCIDENTAL DISCHARGES 5.10.1 Accidental discharges of prohibited waste in the Sewer System, directly or through

another disposal system, or to any place from which such waste may enter the Sewer System, shall be reported to the District by the persons responsible for the discharge, or by the owner or occupant of the premises where such discharge occurred, immediately upon obtaining knowledge of the fact of such discharge. Such notification will not relieve users of liability for any expense, loss or damage to the wastewater disposal system or

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5.10.2 The responsible person shall send a letter describing the prohibited discharge to the

District within 7 days after obtaining knowledge of the discharge. The letter shall include the following information:

5.10.2.1 The time and location of the accidental discharge; 5.10.2.2 A description of the accidental discharge, including an estimate of pollutant

concentrations; 5.10.2.3 A description of the time period and volume of wastewater discharged; 5.10.2.4 Actions taken to correct or control the spill; and 5.10.2.5 A schedule of corrective measures to prevent further spill occurrences. SECTION 5.11 INDIVIDUAL SEWAGE STORAGE SYSTEMS 5.11.1 “Individual Sewage Storage System” (“ISSS”) refers to any portable toilet (port-a-potty),

privy, outhouse, earth closet, seepage pit, cesspool, holding tank, or septic tank. 5.11.2 For purposes of this Section 5.11 “Permit” means a permit issued pursuant to this Section

5.11 of the Code. 5.11.3 For purposes of this Section 5.11 “within the District” shall include those areas on Lake

Washington upon which an ISSS may be located. 5.11.4 “Provider” means any person or private entity that (1) provides for or causes an ISSS to

be located within the District or on Lake Washington; or (2) services an ISSS located within the District or on Lake Washington.

5.11.5 “ISSS Violator” means any person, private entity, or governmental entity acting in

violation of this Section 5.11 of the Code. 5.11.6 “Owner” means an owner of the property upon which any authorized or unauthorized

ISSS is situated.

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5.11.7 No person shall erect, keep, lease, provide, service or maintain with the District, an ISSS except as provided herein.

5.11.8 The Board may, in its discretion, upon application by a Provider, issue a special permit of

temporary duration permitting an ISSS to be located within the District on the following conditions: (1) The ISSS is constructed and equipped in accordance with the specifications and requirements of the Minnesota Department of Health, the Minnesota Pollution Control Agency, and all other applicable state and federal laws; AND (2) The ISSS is used in connection with construction projects within the District; OR (3) the ISSS is used in connection with activities of the Minnesota Department of Natural Resources or other recreational, special activities within the District.

5.11.9 The duration of a construction period Permit may not last longer than 180 days unless the

District agrees to an extension in writing. The District Secretary is authorized to issue temporary construction ISSS permits only upon the showing of a valid building permit from the applicable county.

5.11.10 The District is the final authority on any Permit submitted or issued. The District has the

discretion to refuse or revoke any Permit notwithstanding that the Permit satisfies the conditions of this Section 5.11.

5.11.11 Permit Fees. The District reserves the right to charge a nominal fee for ISSS permits. 5.11.12 The District and its representatives may at any time and without notice inspect any ISSS

within the District. 5.11.13 All Permits shall be in writing stating the duration of the Permit and setting forth the

reasons for the Permit. The Permit shall be signed by an authorized representative of the District and the authorized representative of the Provider. The Permits shall state that the Provider has read the provisions of this Section 5.11 and agrees to be bound by the same. All Permits issued pursuant to this Section 5.11 shall be publicly displayed on the front of the permitted ISSS for the duration of the Permit.

5.11.14 All authorized ISSS’s shall be maintained in accordance with all applicable state and

federal law and shall be routinely pumped. The District may, in its discretion, revoke a Permit if the ISSS is not reasonably pumped and maintained.

5.11.15 Whenever it shall appear to the Board that the provisions of this Section 5.11 are not

being complied with, the Chairperson of the Board may give written notice to the Violator, Provider, and Owner by mail at their last known addresses requiring immediate compliance with this Section 5.11.

5.11.16 Whenever the above-described notice is not complied with, the Board may in its

discretion, direct the razing, tearing down, and removal/disposal of an ISSS found to be in violation of this Section 5.11. The cost of such work shall be charged to the Violator, Provider, and Owner and each shall be joint and severally liable for the entire cost. If

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5.11.17 All decommissioned and unauthorized ISSS’s shall be torn down and removed by the

Owner and/or Provider. The waste from a decommissioned ISSS shall be removed and disposed of in accordance with local, county, and state standards. Where applicable, the pit or hole shall be filled with clean earth and mounded slightly to allow for settling. The Owner and/or the Provider are responsible for all costs and expense associated with the requirements of this subsection and each are jointly and severally liable for such costs and expenses.

5.11.18 Section 5.11 may be enforced at any time after service to the Sewer System is made

available to property upon which is located any ISSS. SECTION 5.12 MONITORING 5.12.1 Monitoring Facilities. When required by the District, a User shall install a suitable control

structure, together with such necessary meters and other appurtenances at or near the service connection, to facilitate observations sampling, flow measurement, and measurement of wastes. Such structure and equipment shall be constructed at the User’s expense in accordance with plans approved by the District and shall be maintained by the User so as to be safe and accessible at all times. The monitoring facility should normally be situated on the User’s premises, but the District may, when such location would be impractical or cause hardship on the User, allow the facility to be constructed elsewhere.

5.12.2 Flow Measurement. When required by the District, a User 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 the 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 User’s expense in good operating condition at all times. The User shall notify the District in writing within 5 days in the event that the User becomes aware that the meter or flow recorder has failed to accurately register the flow. The User shall also notify the District of the User’s intention to alter the installation of a meter or flow recorder so as to affect the accurate recording of waste entering the Sewer System.

5.12.3 District Self-Monitoring Analyses. All measurements, test, and analyses of the

characteristics of water and wastes shall be determined in accordance with the guidelines established in 40 C.F.R. Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants), and 40 C.F.R. 403.12 (General Pretreatment Regulations For Existing and New Sources of Pollution). Representative samples of the District’s waste shall be collected on a normal operating day. The District shall complete and submit

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5.12.4 Inspection and Sampling. The District may conduct such tests as are necessary to enforce

this ordinance, and employees or representatives of the District 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 normal business hours unless circumstances require otherwise. In all cases where tests are conducted by the district for the purpose of determining whether a User is in compliance with the applicable regulations and rules, the cost of such tests shall be charged to the User and added to the User’s Sewer Charges. In those cases where the District determines that the nature or volume of a particular User’s wastewater requires more frequent than normal testing, the District may charge such User for the tests, after giving the User 10 days written notice of its intention to do so, and the cost thereof shall be added to the User’s Sewer Charges.

5.12.5 District Right of Entry. Duly authorized employees and representatives of the District

bearing proper credentials and identification shall be permitted to enter all private properties, upon which the District holds an easement for the purpose of, but not limited to, the inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Sewer System lying within said easement. All entry and subsequent work, if any, on said easement shall be done in accordance with the terms of the easement pertaining to the private property involved.

5.12.6 Testing Procedures. Testing procedures for the analysis of pollutants shall conform to the

guidelines established 40 C.F.R. Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants), and 40 C.F.R. 403.12 (General Pretreatment Regulations For Existing and New Sources of Pollution).

5.12.7 Wastewater Discharge Records. Wastewater discharge records of the District shall be

kept by the District for a period of not less than 5 years or as otherwise required by law. 5.12.8 Pretreatment. 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.

5.12.9 Confidential Information. Information and data on a User obtained from reports,

questionnaires, permit applications, permits, 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 District that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the User. When requested by the person furnishing a report, the portions of a report that 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 the governmental agencies for uses related to this ordinance, the NPDES permit, the state disposal system permit, and/or the applicable

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SECTION 5.13 SEVERABILITY AND CONFLICTS 5.13.1 Severability. If the provisions of any section, paragraph, or sentence of this ordinance

shall for any reason be held to be unconstitutional or invalid by any court of competent jurisdiction, the provisions of the remaining sections, paragraphs, and sentences shall nevertheless continue in full force and effect.

5.13.2 Conflicts. If conflicts arise between this ordinance and the Mankato Code, the Mankato

Code shall take precedence. SECTION 5.14 ENFORCEMENT 5.14.1 Suspension of Services. The District may suspend sewer services when, in the opinion of

the District, such suspension is necessary to stop an actual or threatened discharge that presents or may present an imminent or substantial endangerment to the health or welfare of humans, to the environment, or to the Sewer System, or would cause the District to violate any conditions of its NPDES or state disposal system permits, or any other law or regulation. Any User notified of a suspension of service shall immediately stop discharging to the Sewer System. In the event of a failure of the User to comply voluntarily with the suspension order, the District shall take necessary steps, including immediate severance of the User’s connection to the Sewer System, to prevent or minimize damage to the Sewer System or endangerment to any individuals. In such a case, service will not be reinstated unless and until the District has received proof of the elimination of the noncompliant discharge. A detailed written statement submitted by the User describing the causes of the noncompliant discharge, and the measures taken to prevent any future occurrence shall be submitted to the District within 5 business days of the date of the occurrence.

5.14.2 Notification of Violation. Whenever the District finds that any person has violated or is

violating this Chapter 5 Regulations Governing Use of District Sewer System, the District may serve upon such person a written notice stating the nature of the violation. Within 10 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the District by said person.

5.14.3 Criminal Penalties. Any person who fails to timely respond to notification of a violation

shall be guilty of a misdemeanor and said person may be punished by a fine of up to

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5.14.4 Costs and Attorneys’ Fees. In addition to the penalties provided herein, the District may

recover attorney’s fees, court costs, court reporter’s fees, and other expenses of litigation by an appropriate action against the person found to have violated this Ordinance or any orders, rules, regulations, and permits issued hereunder.

5.14.5 Costs of Damage. Any person violating any of the provisions of this ordinance shall be

liable to the District for any expense, loss, or damage occasioned the District because of such violation. The District may add to the person’s User Fees the cost of any cleaning, repair, or replacement work caused by the violation. Refusal to pay the properly assessed costs shall constitute a violation of this ordinance.

5.14.6 Falsifying Information. Any person who knowingly makes false statements,

representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, 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 fine of not more than $1000.00, by incarceration for not more than 90 days, or both.

CHAPTER 6 ADMINISTRATIVE CITATIONS

SECTION 6.1 Purpose. The Board determines that there is a need for alternative methods of enforcing this Code. While criminal fines and penalties are an effective enforcement mechanism, there are negative consequences because of the inherent delay in the criminal system. Additionally, at times, the higher burden of proof and the potential of incarceration may not be appropriate for administrative violations. Accordingly, the Board finds the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for a Code Violation. SECTION 6.2 Alternative Methods of Enforcement. This administrative enforcement procedure seeks to gain compliance with certain provisions of the Code prior to any formal criminal or civil court action. The administrative hearing process provided for in this section shall be in addition to any other legal or equitable remedy available to the District for Code violations, except that if a determination is made by the hearing officer pursuant to the hearing process detailed in this chapter that a violation did not occur, the District may not then proceed with criminal prosecution of the same act or conduct.

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SECTION 6.3 Authority to Issue Order to Correct Letters and Administrative Citations. The Secretary of the Board of Directors is authorized to issue compliance letters and administrative citations for violations of the Code. SECTION 6.4 ADMINISTRATIVE OFFENSES: FINES AND FEES 6.4.1 A violation of any provision of the Code is an administrative offense which may be

subject to an administrative citation and civil penalties pursuant to this Chapter 6 of the Code. Each day a violation exists constitutes a separate offense.

6.4.2 An administrative offense may be subject to a civil penalty not exceeding $1,000.00. 6.4.3 The Board shall adopt by resolution a schedule of recommended fines for offenses

initiated by administrative citation. The Board is not bound by that schedule when a matter is appealed for administrative review.

6.4.4 The Board may adopt a schedule of fees to be paid to administrative hearing officers. 6.4.5 Order to Correct: Administrative Citations. Upon reasonable belief that an administrative

offense has occurred, the Secretary of the Board shall serve on the violator an order to correct the violation. If compliance is not achieved within the timeline prescribed in the order to correct the violation, the official is authorized to issue an administrative citation. An administrative citation shall be presented in person or by first class mail to the person responsible for the violation. Service shall be deemed complete upon depositing the citation in the U.S. Mail, properly addressed to the last known address of the person to be served.

6.4.6 Contents of Citation. The citation shall state the following: date, time and nature of the

offense, citing the relevant portion of the Code that was violated, the amount of the scheduled civil fine, and the manner for paying the fine, a statement that the Code violation and the amount of the administrative civil penalty may be contested to be heard before an independent hearing officer by notifying the Secretary of the Board or his or her designated representative in writing within 10 days of the date of the citation, and a statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in Minnesota Statutes Chapter 429.

6.4.7 Exception to Issuance of Order to Correct Letter. If the same person commits a

subsequent violation within 12 months after a compliance letter has been issued for the same or similar offense the Board shall not be required to issue a compliance letter and may proceed directly to the issuance of an administrative citation as provided in Section 6.4.6.

6.4.8 Reasonable Extensions. Following service of a compliance letter, the Board shall attempt

to work with the person who has violated the Code to resolve the violation, including but not limited to responding to reasonable requests for extensions for compliance.

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6.4.9 Payment of Penalty and Correction of Violation. If the violator pays the administrative

civil penalty and corrects the Code violation no further action will be taken against the owner or the owner’s real property for that same violation. If payment is made but correction is not accomplished, a subsequent administrative citation may be issued, criminal proceedings may be initiated, or any other proceedings or remedies available may be initiated to enforce correction of the violation.

6.4.10 Assessment Against Property. If no payment is made as described above, and no

correction of the violation is made, the Board may assess the administrative civil penalty against the property in violation of the Code pursuant to Minnesota Statutes Chapter 429, issue a subsequent administrative citation and commence a new administrative process, initiate criminal proceedings, or initiate any other enforcement action authorized by law, or a combination thereof.

6.4.11 Request for Hearing. A person may contest the administrative citation and the amount of

the fine by requesting a hearing, in writing, within 10 days of the date of the citation, to the Secretary of the Board or his or her designated representative.

6.4.12 Hearing Officers. The Board will periodically approve a list of lawyers from which the

Secretary of the Board will select a hearing officer to hear and determine the matter for which the hearing is requested. The person who has requested the hearing has the right to request, no later than 15 days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted by the Secretary of the Board. A subsequent request must be directed to the assigned hearing officer who will make the determination of whether he or she can fairly and objectively review the case. If a finding is made that the hearing officer cannot fairly and objectively review the case, the Secretary of the Board shall assign another hearing officer. The hearing officer is not a judicial officer, but is a public officer as defined by Minnesota Statutes, Section 609.415. The hearing officer shall not be a current or former employee or agent of the District.

6.4.13 Notice of Hearing. Notice of the hearing must be served in person or by first class mail to

the person responsible for the violation no later than 20 days in advance of the scheduled hearing, unless a shorter time is accepted by both parties. Service shall be deemed complete upon depositing the notice of hearing in the U.S. Mail, properly addressed to the last known address of the person to be served.

6.4.14 Subpoenas. Upon the hearing officer’s own initiative or upon written request of an

interested party demonstrating the need, the hearing officer may issue an administrative subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena will be responsible for serving the subpoena and for paying the statutory fees and expenses of any witness. Any person who, without just cause, fails or refuses to comply with a subpoena may be guilty of a misdemeanor. The party requesting the

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6.4.15 Mediation. Prior to any hearing, with the agreement of all parties, the hearing officer may

attempt to mediate the dispute. If the dispute is settled as a result of mediation, the hearing will be cancelled. Any mediated settlement must be commemorated by the hearing officer in writing and signed by the person responsible for the violation. A mediated settlement that calls for formal action by the District is contingent on final Board approval and will be presented as a recommendation to the Board from the hearing officer.

6.4.16 Payment for Cost of Hearing. The cost of the hearing shall be borne solely by the non-

prevailing party. The Board shall provide an estimate of the cost of the hearing at the time of the request for a hearing. The Board has the authority to reduce the non-prevailing party’s costs where that party can demonstrate indigency by clear and convincing evidence, except that in all cases where the party requesting the hearing is unable to attend and fails to request a continuance of the hearing at least 48 hours in advance of the scheduled hearing, all costs incurred by the District attributable to the hearing shall be charged to the requesting party.

6.4.17 Hearing Procedures. At the hearing, the parties will have the opportunity to present

testimony and question witnesses, but strict compliance with the Minnesota Rules of Evidence will not be required. The hearing officer will tape record the hearing and receive testimony and exhibits into evidence. The hearing officer will receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. The Board will have the burden of proof to demonstrate by a preponderance of the evidence that a violation occurred and that the required corrective action, if applicable, is reasonable.

6.4.18 Authority of Hearing Officer. The hearing officer has the authority to determine that a

violation did or did not occur, to dismiss a citation or impose the scheduled fine or to reduce, stay or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following: (1) the duration of the violation; (2) the frequency or recurrence of the violation; (3) the seriousness of the violation; (4) the violator’s conduct after issuance of the notice of hearing; (5) the good faith effort of the violator to comply; (6) the economic impact of the penalty on the violator; (7) the history of the violation; (8) the impact of the violation upon the community; and (9) any other factors appropriate to a just result.

6.4.19 Fines for Continuing Violations. The hearing officer may exercise discretion to impose a

fine for more than one day of a continuing violation, but in so doing, he or she should consider whether the violation caused a serious threat of harm, safety, or welfare, and whether the accused intentionally and unreasonably refused to comply with the Code requirements.

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6.4.20 Decision of the Hearing Officer. The hearing officer shall issue a decision in writing to both parties within 10 days of the hearing. Any fines or penalties imposed must be paid no later than 30 days of the date of the hearing officer’s order. If the fine is not paid, the Board may assess the civil penalty against the violator’s property pursuant to Minnesota Statutes Chapter 429. If the hearing officer determines that no violation occurred, the Board may not proceed with criminal prosecution for the same act or conduct. The decision of the hearing officer is final and may only be appealed to the Minnesota Court of Appeals by petitioning for a writ of certiorari pursuant to Minnesota Statutes Section 606.01.

6.4.21 Payment of Fines. Prior to any assessment for unpaid fines, the Board shall seek payment

of the fines by notifying the violator in writing of the fine imposed. 6.4.22 Assessment Procedure. Unpaid fines including an administrative charge of $25.00, will

be assessed pursuant to Minnesota Statutes Chapter 429 against the property of the person charged with the violation. For uncorrected or continuing violations, the Board may correct the violation and assess the charges for doing so.

CHAPTER 7

REGULATIONS GOVERNING ESTABLISHMENT AND COLLECTION OF CHARGES FOR USE OF THE DISTRICT SEWER SYSTEM

SECTION 7.1 GENERAL RECITALS 7.1.1 The Lake Washington Sanitary District was formed by order of the Minnesota Pollution

Control Agency, under the authority of Minnesota Statutes Section 115.18 to 115.37 and 115.61 to 115.67. The District has constructed a wastewater collection and conveyance system (the “Sewer System”) within the District.

7.1.2 The Board has entered into a Sewage Treatment Capacity Agreement with the City of

Mankato to treat wastewater collected in the District under certain terms and conditions. 7.1.3 The Board has issued a general obligation bond to secure the indebtedness for the

construction and procurement of the Sewer System. 7.1.4 The Board requires an ordinance to provide for the lawful, fair and equitable recovery of

the cost of construction of the Sewer System as well as for the lawful, fair and equitable charges for operations, maintenance and replacement of the Sewer System and the treatment of wastewater generated in the District.

7.1.5 The objectives of this ordinance are (1) to provide a system of charges and assessments to

initial users of the Sewer System in order to recover capital costs associated with the

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SECTION 7.2 MANDATORY CONNECTION & CHARGES FOR INITIAL USERS 7.2.1 Connection to the Sewer System by Initial Users is mandatory within the timelines

specified in Section 5.3 of this Code. At, or immediately prior to the time a connection is made to the Sewer System, each Initial User shall be subject to and pay a Sewer Availability Charge (“SAC”) to the District.

7.2.2 The SAC paid by each Initial User shall be determined as follows: 7.2.2.1 Capital cost, less grant funding, divided by the total Initial users, times the Initial User’s

Residential Equivalent Unit (“REU”). For the purpose of determining an Initial User’s SAC, the number of total Initial Users shall be based on the number of total Initial Users at the time the Sewer System is constructed. In 2006, the year the Sewer System was completed, each Initial User’s SAC was $7,988.00.

7.2.3 Each Initial User may prepay a portion or all of the SAC in accordance with the

Assessment Certifying Resolution adopted by the District following the assessment hearing at or immediately prior to connecting to the Sewer System, and have the remainder of the SAC certified to the applicable county auditor (Blue Earth County or Le Sueur County), as an assessment against the property served by the connection for collection.

7.2.4 All assessments certified to the county auditor under this section shall be certified for

payment over a period not greater than 20 years at an interest rate not higher than 1.5% above the rate charged on the bonded indebtedness.

7.2.5 Any owner of property within the District, who is not an Initial User but may become a

Future User, may secure a future connection to the Sewer System under the terms of this section by providing notice to the District prior to the commencement of construction of any structure requiring a connection to the Sewer System pursuant to Section 4.2 of this Code, and by immediately paying or agreeing to the assessment terms in Section 7.2.3 above. For the purpose of determining a Future User’s SAC, interest in the amount of 4% compounded annually, shall be added to the Initial User’s SAC of $7,988.00. For example, a Future User who connects to the Sewer System in 2007 shall pay a SAC of $8,307.52.

7.2.6 In the event an owner shall fail to connect to the Sewer System as required by Section 5.3

of this Code, the District may undertake to have said connection made and shall charge

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SECTION 7.3 MANDATORY CONNECTION & CHARGES FOR FUTURE USERS 7.3.1 Connection to the Sewer System by Future Users is mandatory prior to the production of

wastewater within the District by the User. 7.3.2 Immediately prior to the time a connection is made to the Sewer System, each Future

User shall pay a Sewer Availability Charge (“SAC”) and a Connection Charge to the District.

7.3.3 The SAC paid by each Future User shall be determined in the same manner as outlined in

Section 7.2.2.1. 7.3.4 The Connection Charge shall equal the owner’s prorata share of the maintenance and

replacement components of OM&R costs for the period from the construction of the Sewer System through the date of connection. The Connection Charge for each year shall be authorized by the Board at its first meeting in January and shall be based on the maintenance and replacement costs for the most recent 12-month December-January period. The Connection Charge must be paid prior to connection to the Sewer System.

7.3.5 Future Users shall bear the entire cost of extending the sewer system to their property line

unless a Future User has already paid the SAC under Section 7.2.2.1, or unless a Future User has previously paid for the extension of service as outlined in Section 7.3.6 below:

7.3.6 Any owner of property within the District past whose property the Sewer System runs, or

against whose the property the Sewer System abuts, who is not an Initial User but who may become a Future User, may have the Sewer System extended to the property line at the point of future use by providing notice to the District prior to the commencement of construction of any structure requiring a connection to the Sewer System pursuant to Section 4.2 of this Code, and by paying to the District the full amount of the cost of the extension of the Sewer System.

7.3.7 In the event an owner fails to connect to the Sewer System as required by this Section,

the District may undertake to have said connection made and shall charge the cost thereof against the property and said charge shall be a lien against said property. Such charge, when made, shall bear interest at the rate of 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 District in the same manner as assessments for local improvements. The rights of the

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SECTION 7.4 USER FEES 7.4.1 User Fees shall be set by the District, reviewed annually and adjusted as necessary to pay

the cost of treatment and to cover OM&R costs. The User Fees have been adopted by resolution of the District, published in the local newspaper, and are effective as of the date of such publication. Subsequent changes in the sewer rates and charge shall be adopted by District Resolution and published in the local newspaper.

7.4.2 User Fees shall be charged monthly and are payable within 30 days of receipt of the

billing. 7.4.3 User Fees shall consist of the following:

1. Treatment Costs 2. OM&R consisting of:

a. Operations: the cost of operating the Sewer System, including but not limited to the cost of administering the Sewer System and cost of operating lift stations, test equipment and measuring devices.

b. Maintenance and Replacement: the cost of maintaining the Sewer System in

efficient working order, including but not limited to routine maintenance, line clearing, repairs, and replacement of equipment appurtenant to the Sewer System.

7.4.3.1 Determination of Monthly User Fees. 7.4.3.1.1 OM&R Uniform Monthly Charge. For producers of Normal Residential Strength

Wastes the base minimum monthly OM&R sewer charge for all connections shall be set by the Board and charged uniformly to all connections after the Board has set the annual OM&R costs allocated to all users. The Monthly User Fee shall be as follows:

MOMR = OM&R TCU MOMR Monthly cost for operation, maintenance and equipment

replacement per REU. OM&R Total annual OM&R costs allocated by the Board for the total

connections served. TCU Total annual Residential Equivalent Units (REU’s).

7.4.3.1.2 OM&R Uniform Usage Charge. For producers of Normal Residential Strength Wastes the unit charge for OM&R for all wastewater produced shall be set by the

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Calculation of Unit Cost for OM&R Charge:

UOMR = OM&R Tbwv

UOMR Unit cost for operation, maintenance and equipment replacement in $ per 1000 gallons.

OM&R Total annual OM&R costs allocated by the Board for billable waste flow.

Tbwv Total annual billable wastewater flow measured in 1000 gallon increments.

Calculation of OM&R Usage Charge: UOMR = Uomr x Bwv UOMR OM&R Usage Charge Uomr Unit Charge for OM&R ($ per 1000 gallons) Bwv Billable wastewater volume of a single user (per 1000 gallons)

Calculation of Treatment User Charge: UC = Tomr x Bwv + Base UC User Charge Tomr Unit cost for treatment by the City of Mankato ($ per 1000 gallons) Bwv Billable wastewater volume per 1000 gallons. Base Base charge for administrative costs.

7.4.4 Recovery of Construction Costs. Construction costs for the wastewater treatment facility will be recovered through a SAC as calculated above. Any additional construction costs not covered through the SAC may be recovered by the District and calculated in a manner consistent with the Debt Service User Charge as follows:

Calculation of Unit Cost for Debt Service: Uads = Ads Tbwv Uads Unit cost for annual debt service ($ per 1000 gallons). Ads Cost of annual debt service Tbwv Total amount billable wastewater volume per 1000 gallons.

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Calculation of Debt Service Charge: DSC = Uds x Bwv DSC Debt Service Charge Uds Unit Charge for Debt Service ($ per 1000 gallons). Bwv Billable wastewater volume of a single user per 1000 gallons.

7.4.5 Determination of Total Sewer Service Charges. The sewer service charge for a particular connection shall be determined as follows:

SSC = MOMR + UOMR + UC + DSC SSC Sewer Service Charge MOMR Monthly OM&R Charge UOMR OM&R Usage Charge UC User Charge DSC Debt Service Charge

7.4.6 Multiple Unit Users may be charged additional OM&R costs as part of the User Fee to

account for volumes of wastewater actually produced in excess of the REU volume. 7.4.7 Seasonal Residence Users shall be charged a User Fee in an amount to reflect the

Treatment Costs for the monthly volume of wastewater produced in addition to the full monthly OM&R costs as pro-rated by the total number of connections.

7.4.8 The User Fees established in this ordinance will not prevent the assessment of the

additional charges to non-residential users who discharge wastes in concentrations greater than NSDW or of unusual character (industrial users). Special contractual arrangements may be made with such users subject to the following conditions:

7.4.8.1 The User pays the OM&R costs in proportion to the User’s contribution of wastewater

flows and loadings to the treatment facility and no User is charged at a rate inferior to the charge for normal domestic strength wastes.

7.4.8.2 The sampling of wastewater shall be conducted in accordance with the techniques

established in the latest edition of the publication “Standard Methods for the Examination of Waters and Wastewater”.

7.4.9 Collection Charges and Fees. The following fees and charges will be imposed for User

Fees that are not paid on or prior to the 20th day of the month following the issuance of the most recent billing or statement:

Late Fee: $10.00 NSF Fee (non-sufficient funds) $25.00

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Additionally, if the District is required to take legal action to recover any unpaid user fees or charges, the District may recover all costs incurred by it, including its actual costs of collection and attorneys’ fees. If the user fees and/or late fees and costs of collection assessed thereon are not paid to the District within 30 days after the user has been notified of the same via U.S. Mail at their last known address, the District may assess the costs against the property served and for which the user fees and/or late fees and costs of collection remain unpaid and the same shall be transmitted to the county auditor and collectible with the real property taxes for such property.

7.4.10 Unpaid User Fees shall become a lien on the property that is served by the Sewer System.

In the event an owner shall fail to pay User Fees as required by this ordinance, the District may undertake to have said fees certified as an assessment against the property at an interest rate of 8% per annum to be collected and remitted to the District in the same manner as assessments for local improvements. The rights of the District under this subdivision shall be in addition to any other remedial or enforcement provisions of this ordinance.

7.4.11 Delinquent Accounts and Assessments. All Accounts and charges which are delinquent

on September 30th of any year may be certified by the District Secretary who will prepare and file in his or her office an assessment roll no later than November 1st of each year providing for the special assessment of all such delinquent accounts against the respective real estate, lands, tracts or parcels served or owned by such User or person obligated on the account. A copy of the assessment roll will be delivered to the Board for adoption on or before December 1st of each year. Notice of the proposed assessment will be given not later than 14 days before the date of the first meeting of the Board in December at which time the Board will hear all comments or objections to such assessments. Notice will be made by mailing a copy of the notice to the person to be assessed or other person obligated on the account at his or her last known address or by personal service stating (1) the amount of the assessment; (2) the description of the real estate or property sought to be assessed; (3) the date and place of the assessment hearing Each assessment shall be payable on or before the first Monday of the following December. Interest will be charged on the assessment at the rate of 8% per year or the rate that is charged for assessment rolls for improvement projects adopted in the same year, whichever is greater and will accrue from and after the 30th day following the date of each delinquent Account. The owner of the assessed property may at any time prior to the certification of assessment, pay to the District Treasurer the balance of the assessment covering the property with interest at the same rate as established above accrued to the date of payment. Upon adoption by the Board, the District Secretary will transmit a certified duplicate of such assessments to the applicable county auditor to be placed on the property tax rolls of

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the applicable county, to be collected and paid over in the same manner as for real estate taxes.

SECTION 7.5 DISTRICT FINANCES 7.5.1 The District shall maintain a separate account for funds collected for the recovery of

Capital Costs, Treatment Costs, Operations Costs, Maintenance Costs, and Replacement Costs. The account shall be appropriate and suitable for the deposit of municipal funds.

7.5.2 The District shall neither deposit nor invest funds collected for recovery of Capital costs

in any account or investment bearing an interest rate greater than the interest rate on the bonded indebtedness for the project.

7.5.3 Subject to the above section 7.5.2, the District may invest funds, in its discretion, in

investments appropriate and suitable for municipal funds, and in a manner consistent with existing law.

7.5.4 Interest earned on any fund, deposited or invested, shall remain in and become part of the

fund from which it is earned, and be used for the purposes of the fund from which it is earned.

7.5.5 The District may lend and or borrow between funds in a manner consistent with existing

law. 7.5.6 The District may, as necessary, and as allowed by law, certify to the auditor of Blue Earth

or Le Sueur County a tax upon property within the District to pay administrative costs associated with the operation of the District. Such funds shall be maintained in the account established for operation of the Sewer System.

7.5.7 The Board, its employees, and its agents shall be considered fiduciaries to the District in

the collection, handling, deposit, investment, use and disbursement of the funds of the District.

7.5.8 The Board shall order an annual audit of the District’s finances and provide an annual

report to the residents of the District at a meeting held for such purpose. 7.5.9 Notice of Amendment. Prior to any amendment of this ordinance or any amendment to

the system of user charge established under this ordinance, the District shall publish notice of the proposed amendment, at least one per week for two successive weeks, in a qualified newspaper in general circulation in the District.

CODE OF REGULATIONS A CODIFICATION OF THE ORDINANCES AND REGULATIONS

OF THE LAKE WASHINGTON SANITARY DISTRICT

APPENDIX A

Sec. 3.31

Sec. 3.31. Rules and Regulations.

Subd. 1. General.

A. If any customer who discharges sewage or industrial waste into the sewerage system, either directly or indirectly, obtains part or all of the water used therein from sources other than the City and the water so obtained is not measured by a meter in a manner which is acceptable to the City, then in such case, the City shall permit the discharge of sewage or industrial waste into its sewerage system only when the customer shall, at his own expense, install and maintain a water meter and/or a flow meter which shall be satisfactory to the City. Such recorders shall be installed so as to either measure all water received on the premises of the customer or all effluent therefrom as established by ordinance, and the charges and rates shall be applied as established therein.

B. Any customer who shall discharge sewage or industrial waste into the sewerage system of the City of Mankato which shall be deemed deleterious to said sewerage system or sewage treatment process may be required to pre-treat such waste to an acceptable standard as defined by said ordinance.

C. The City of Mankato may require that any customer who shall discharge industrial waste into the sewerage system of said City shall install flow meters, sewage sampling equipment such as, but not limited to, monitoring devices, as it may deem necessary for purposes for a periodic review of rate structures, or such other purpose as may be advantageous to the City.

D. Whenever any customer discharges industrial waste sewage into the sewer system of the City of Mankato which does not meet the established requirements for industrial waste, the City may terminate service to said customers. However, the City of Mankato reserves the right to exclude any or all industrial wastes, regardless of strength.

E. Any new connection(s) to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to capacity for flow, CBOD5, total phosphorus and suspended solids, as determined by the Superintendent. (Ord. 7-12-2004)

F. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

G. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, any flammable wastes, sand or other

Appendix A, p.1

Sec. 3.31

harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(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 Superintendent. Any removal and hauling of the collecting materials not performed by the owner's personnel must be performed by a currently licensed waste disposal firm.

H. All measurements, tests, and analyses 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 Superintendent.

Subd. 2. Installation of Sanitary Facilities. It is the duty of every owner or occupant of any property within the City, having a dwelling house or business building situated thereon, which property is within five hundred (500) feet of any municipal water and sewer mains, to install sanitary facilities in such dwelling or business building and make connections thereof with such water and sewer mains. Whenever the noncompliance of the owner or occupant of such property is reported to the City, an investigation shall be made and a written report presented to the Council, and if the City finds that the lace of sanitary facilities is an unhealthful or unsanitary condition, the City shall forthwith serve written notice upon said owner or occupant requiring the installation upon premises described in said notice and connection thereof with the sewer and water mains, all of which shall be done within thirty (30) days after the service of such written notice. Whenever any owner or occupant shall default in compliance with such written notice, the Council may, by resolution, direct that a sanitary facility be installed and connection be made with the water and sewer mains. The actual cost of such installations shall be assessed against the benefiting property.

Subd. 3. Sanitary Sewer Service Line Construction. All sanitary sewer service lines and appurtenances connected to municipal utilities shall conform to the established requirements of the City's Standard Utilities Specifications for Sanitary Sewer Installation and State Plumbing Code. (Ord. of 2-24-92)

Subd. 4. Unlawful Acts.

A. It is unlawful for any person not expressly authorized by the City to tap a sewerage collection main.

B. It is unlawful for any person to directly or indirectly discharge place or cause to be discharged any of the following described substances into the City's wastewater treatment system or any public sewer:

Appendix A, p.2

Sec. 3.31

1. Any liquids, solids or gases which, by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater treatment system or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toulon, xylene, ethers, alcohol, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any wastes with a closed cup flash point of less than 140 degrees Fahrenheit (60 degrees Celsius). (Ord. of 7-25-94)

2. Solid or viscous substances which will or may 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 any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshing, 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, gas tar, asphalt, residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

3. Any wastewater having a pH less than 6.0 or more than 10.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment system.

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

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

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

7. Any wastewater which creates conditions at or near the wastewater treatment system which violate any statute or any rule, regulation or ordinance of any public agency or state or federal regulatory body.

8. Any wastewater from a facility in existence prior to 12/04/1995 containing a CBOD in excess of two hundred sixty (260) mg/1 and TSS in excess of two hundred eighty (280) mg/1 unless such discharge is allowed by a permit and

Appendix A, p.3

Sec. 3.31

written agreement between the City and discharger. Any facility with an initial discharge date of 12/04/1995 or later must meet the CBOD limit of two hundred sixty (260) mg/1 and the TSS limit of two hundred eighty (280) mg/1. (Ord. of 7-12-2004)

9. Any wastewater containing total phosphorus in excess of 1 kg/day unless such discharge is allowed by a permit and written agreement between the City and discharger. (Ord. of 7-12-2004)

10. Any wastewater having a temperature greater than one hundred fifty (150) degrees Fahrenheit (sixty-five and six-tenths (65.6) degrees Centigrade), or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding one hundred four (104) degrees Fahrenheit (forty (40) degrees Centigrade) or having heat in amounts which will inhibit biological activity in the wastewater facility resulting in interference.

11. Any slug load, which shall mean any pollutant, including oxygen demand pollutants (CBOD, COD, TKN, TP, etc.), released in a discharge of such volume or strength as to cause inhibition or disruption in the wastewater treatment system. (Ord. of 7-12-2004

12. Non-contact cooling water or unpolluted storm or groundwater.

13. Any wastewater containing fats, wax, grease, or oils, whether emulsified or not, in excess of fifty (50) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred fifty (150) degrees Fahrenheit (Zero (0) degrees Centigrade and sixty-five and six-tenths (65.6) degrees Centigrade); and any wastewater containing oil and grease concentrations of mineral or animal origin of greater than fifty (50) mg/1 whether or not emulsified.

14. Wastewater containing inert suspended solids (such as, but not limited to, Fuller's 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 they would cause disruption with the wastewater treatment system.

15. Radioactive wastes or isotopes of such a half-life or concentration that they are in noncompliance 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 City's wastewater treatment system or personnel operating it.

16. Wastewater containing the following substances in excess of the limits shown herein:

Appendix A, p.4

Sec. 3.31

Toxic Pollutant Discharge Lim

Cadmium (Cd) 1.03 mg/1

Chromium total (Cr) 5.23 mg/1Copper (Cu) 2.86 mg/1Cyanide (Cn) 1.09 mg/1Lead (Pb) 1.05 mg/1Mercury (Hg) 0.01 mg/1Molybdenum (Mo) 0.10 mg/1Nickel (Ni) 3.65 mg/1Silver (Ag) 2.14 mg/1Zinc (Zn) 8.10 mg/1(Ord. of 7-12-2004)

17. Loadings in excess of those prescribed in Subd. 4B may be accepted into the wastewater treatment facility pursuant to a written agreement between the discharger and the City, which agreement shall provide that:

(a) The discharger will pay all costs incurred by the City arising out of the discharge including fines and penalties;

(b) Discharge shall in no event exceed functional capacity of the City's treatment facility;

as may be necessary; (c) Provision be made for constant monitoring of discharge

(d) There exists the capability of shutting the discharge off before it enters the wastewater treatment system;

(e) The permit may be revoked or modified where necessary as the needs of the wastewater treatment facility dictate in connection with the demands placed on the facility, its capabilities and emergencies affecting its operation in compliance with the applicable requirements for its operation by the City;

(f) The discharger shall hold the City harmless for such discharge;

(g) Such other terms may be deemed appropriate to ensure the safe and verifiable granting of permission to place such excess loadings in the system. No permit shall be granted hereunder where such discharge would violate applicable Federal or State laws or regulations or adversely impact upon the City's ability to comply with applicable terms of its NPDES permit or applicable regulations governing its wastewater treatment facility.

Appendix A, p.5

Sec. 3.31

C. It is unlawful for any person to make or maintain a connection between eaves trough, rainspouts, footing drains, or any other conductor used to carry natural precipitation or ground water, and the sanitary system or any part thereof.

Any property owner in violation of this section and upon receiving notice of said violation shall disconnect the conductor from the sanitary sewer system by September 1, 1998. Any property owner in violation of this section after September 1, 1998 shall be assessed a monthly surcharge, the amount of which will be established by Resolution of the City Council, for each month that the conductor is not permanently disconnected. Failure to permanently disconnect the conductor, or reconnection of a disconnected conductor, may result in the suspension of water and sanitary sewer service.

Prior to the change of ownership of any building within the City of Mankato, the seller shall provide written disclosure to the buyer and City Clerk stating whether or not the property is in compliance with the provision of Section 3.31. (Ord. of 2-24-97, C)

D. It is unlawful for any person to construct, alter or extend any sewer connected or proposed to be connected to the sewage system without first having the plans and specifications therefore approved by the City.

E. It is unlawful for any owner, tenant, agent, occupant, or other person having charge of any premises to maintain thereon any drain or sewer connected •with the sewerage system in a clogged, obstructed, broken or damaged condition, or not in conformance with the existing Plumbing Code.

F. It is unlawful for any person to discharge or cause or permit to be discharge any sewage or unhealthful matter into any lake, natural ravine, or public waters.

G. It is unlawful to discharge storm water or any other unpolluted drainage anywhere other than a specifically designed as storm sewers or to a natural outlet approved by the City and other regulatory agencies. (Ord. of 2-24-97, G)

H. Any property found where a reconnection of a disconnected I/I conductor has occurred shall be assessed a surcharge of one-hundred dollars ($100) per month. The surcharge shall be calculated from the date of the inspection and approval until disconnection has been reestablished. Failure to permanently disconnect the conductor shall result in the suspension of water and sanitary service. (Ord. of 2-24-97, H)

Subd. 5. Limitations on Wastewater Strength.

A. National categorical pre treatment standards 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 instances where they are more stringent

Appendix A, p.6

Sec. 3.31

than the limitations in the ordinance except as the MPCA has approved modification of the specific limits in the national categorical pretreatment standards.

B. State requirements and limitations or 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 the chapter ordinance.

C. 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 pretreatment to achieve compliance with the limitations contained herein, or in the national categorical pretreatment standards, or contained in any state requirements.

Subd. 6. Accidental Discharges.

A. Each user shall provide protection from accidental discharge of substances regulated by this ordinance. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility.

Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this ordinance. Users shall notify the Wastewater Treatment Plant immediately upon having a slug or accidental discharge or substances or wastewater in violation of this ordinance in order to enable counter-measures to be taken by the City to minimize damage to the wastewater treatment system and the receiving waters. Such notifications will not relieve users of liability for any expense, loss, or damage to the wastewater treatment system or treatment process, or for any fines imposed on the City on account thereof under any state or federal law. A notice shall be permanently posted in a prominent place advising employees whom to call in the event of a slug or accidental discharge. Employers shall ensure that all the employees who may cause or discover such a discharge are advised of the emergency notification procedure.

B. Approval of plans and procedures made under this section shall not constitute any representation that such plans and procedures will correct a problem or operate in any given manner.

C. The City shall be immediately notified of an accidental discharge by telephoning the Wastewater Treatment Plant during the hours of 8:00 a.m. to 4:30 p.m. and the Water Treatment Plant located in Sibley Park during the hours of 4:30 p.m. to 8:00 a.m., Monday through Friday. On weekends and holidays, the Wastewater Treatment Plant shall be notified between the hours of 7:00 a.m. and 3:00 p.m. and the Water Treatment Plant shall be notified between the hours of 3:00 p.m. and 7:00 a.m. Written

Appendix A, p.7

Sec. 3.31

notification must follow within one (1) working day and be personally delivered to the Utility Supervisor at the Wastewater Treatment Plant. (Ord. of 7-12-2004)

Subd. 7. Wastewater Discharge Permits.

A. Mandatory Permits. All industrial users proposing to connect or to commence a new discharge to the wastewater treatment system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater treatment system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to national categorical pretreatment standards under Section 307(b) and (c) of the Act connected to or discharging into the wastewater treatment system shall obtain a wastewater discharge permit within one hundred eighty (180) days after the effective date of this ordinance.

B. Permit Application. Users required to obtain a wastewater discharge permit shall complete and file with the City, an application in the form prescribed by the City. Existing users shall apply for a wastewater discharge permit within thirty (30) days after the effective date of this ordinance, and proposed new users shall apply at least ninety (90) days prior to connecting or discharging to the wastewater treatment system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

1. Name, address, and location of the user's facility and its agent for service legal actions in Minnesota;

2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

3. Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures approved by the City;

4. Time and duration of discharge;

5. Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

7. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged, including sludges, floats, skimmings, etc.;

Appendix A, p.8

Sec. 3.31

8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or national categorical pretreatment standards. The applicant shall provide a compliance schedule for meeting pretreatment standards and requirements, if applicable;

9. Each product produced by type, amount, and rate of production;

10. Type and amount of raw materials processed (average and maximum per day);

11. Number of full and part-time employees, and hours of plant operations;

12. Any other information required by the City to be necessary to evaluate the permit application.

The City will evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a wastewater discharge permit subject to terms and conditions provided herein.

C. Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of Chapter 3 of the CityCode and all other applicable regulations, user charges and fees established by the City. Permits shall contain the following:

1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the wastewater treatment system;

2. Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;

3. Requirements for installation and maintenance of inspection and sampling facilities;

4. Requirements for installation, operation, and maintenance of pretreatment facilities;

5. Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;

6. Requirements for submission of technical reports or discharge reports;

Appendix A, p.9

Sec. 3.31

7. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, but in no case less than three (3) years, and affording the City access thereto;

8. Requirements for notification to an acceptance by the City of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

9. Requirements for notification of slug or accidental discharges as mandated by law and reporting of permit violations;

10. Requirements for disposal of sludges, scums, skimmings, etc.; and,

11. Such other conditions as deemed appropriate to ensure compliance with Chapter 3 of the City Code;

12. All information required in Subdivision 7. B. shall be kept current.

D. Permit Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for permit re-issuance a minimum of ninety (90) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Chapter 3 of the City Code are modified or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance except where immediate compliance is required for the City to operate in compliance with its NPDES and State disposal system permit.

E. Permit Modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously been required to obtain a wastewater discharge permit, the user shall apply for a wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, a user with an existing wastewater discharge permit shall submit to the City, within one hundred eighty (180) days after the promulgation of an applicable national categorical pretreatment standard, the information required by B of Subdivision 7. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.

Appendix A, p.10

Sec. 3.31

F. Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater permit shall not be reassigned or transferred to a new owner, new user, without ten (10) days' prior written notice to the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

G. Monitoring Reports. A condition of the industrial discharge permit shall include the completion and submittal of accurate monitoring reports to the city on a form as required by the City. The nature and frequency of reporting shall be based upon the information provided in the permit application form. Reports shall be required as follows and as set forth in the permit:

Total Waste Discharge Reporting Frequency (Million Gallons Per Year)

Less than 10 4 year Between 10-100 6 year Greater than 100 12 year

The City may modify the above reporting schedule for a particular industrial user based on the user's waste characteristics.

Users subject to pretreatment standards shall submit reports to the City in accordance with the applicable pretreatment standards.

Wastewater discharge records of a user shall be kept by the user for a period of not less than three (3) years. The user shall provide the City reasonable access to these records during normal business hours. A user subject to an applicable pretreatment standard shall maintain all records required by 40 CFR 403.12(n) of the general pretreatment regulations.

H. Monitoring Facilities. Monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems shall be provided and operated by industrial users at the City's request.

There shall be ample room provided in connection with such sampling manhole or facility to allow accurate sampling and compositing of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the City, unless a time extension is otherwise granted by the City.

Appendix A, p.11

Sec. 3.31

I. Inspection and Sampling. The City shall inspect the facilities of any user to ascertain whether the purposes of this chapter are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, and records examination. The City, Minnesota Pollution Control Agency (MPCA) and Environmental Protection Agency (EPA) shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guard so that upon presentation of suitable identification, the City, MPCA and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

In all cases the City's sampling data is final.

Representative samples of a user's industrial wastewater shall be collected on normal operating days and in accordance with guidelines established by the City. Industrial users subject to pretreatment standards shall sample in accordance with the pretreatment standards. Monitoring point(s) for industrial users who are subject to pretreatment standards shall be at a location before wastewater is mixed with other discharges or at a point where waste can be adequately monitored. Normal operating days shall be days when the user is engaged in operations that cause effluent discharge.

*

J. Powers and Authority of Inspectors. The Superintendent or other duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observations, measurement sampling, and testing pertinent to the discharges to the City's sewer system in accordance with the provisions of this ordinance.

The Superintendent or other duly 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.

While performing necessary work on private properties, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by

Appendix A, p.12

Sec. 3.31

negligence or failure of the company to maintain safe conditions as required in Section 3.31, Subdivision 6 of this ordinance.

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

K. Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the Federal pretreatment regulations of this ordinance.

Any facilities required to pre-treat wastewater shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this ordinance or constitute a representation by the City that such plans will cause compliance or work in conjunction with the user's facility. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.

Any user subject to a national categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of the commencement of a new discharge to the wastewater treatment system, shall submit to the City during the months of June and December, unless required more frequently in the pretreatment standard established by the City, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in the user's permit application or prior monitoring reports. The City may agree to alter the months during which the above reports are to be submitted.

L. Final Compliance Date, Reporting Requirements. Within ninety (90) days following the date for final compliance with applicable pretreatment standards, or, in the case of the commencement of a new discharge to the wastewater treatment system, any user subject to pretreatment standards and requirements, shall submit to the City a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility

Appendix A, p.13

Sec. 3.31

which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user, and certified to by a qualified registered professional engineer.

M. Confidential Information. Information and data on a user obtained from applications, permits, monitoring programs and inspections shall be governed by the applicable laws governing its public or nonpublic status.

N. Sludges Generated. Sludges, floatings, skimmings, and other undissolved particles generated by an industrial or commercial pretreatment system shall not be placed into the City's wastewater treatment system. Such sludges shall be contained, transported, and disposed of in accordance with all federal, state, and local regulations.

O. Slug or Accidental Discharges. The City may immediately suspend the wastewater treatment service of a user and/or a wastewater discharge permit (after formal notice to the discharger) when such suspension is necessary, in the opinion of 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 wastewater treatment system, or would cause the City to violate any condition of its NPDES or disposal system permit.

Any user notified of a suspension of the wastewater treatment service and/or the wastewater 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 may take such steps as it deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment system or endangerment to any individuals. The City will reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge and payment to the City of the City's costs of terminating and restoring service. 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 fifteen (15) days of the date of occurrence.

P. Revocation of Permit. In accordance with the procedures in Paragraph Q of this subdivision, 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, or where continued discharge at the levels set forth in the permit

Appendix A, p.14

Sec. 3.31

would adversely impact the wastewater treatment facility or the City's compliance with applicable permits or laws and regulations governing the wastewater treatment facility.

Q. Notification of Violation. Whenever the City finds that any user has violated or is violating the requirements of this chapter, its wastewater discharge permit or any prohibition, limitation or requirement contained herein, the City may serve upon such user a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the City by the user and such plan shall be implemented within the same time period.

R. Appeals:

1. Any person aggrieved by any notice or order of the City issued under Paragraph Q may file a petition for review of such notice or order. The petition shall contain the name of the petitioner, the petitioner's address, location of the property subject to the order or notice, and disclose petitioner's interest in the property.

2. The petition for review shall be filed with the City Clerk within ten (10) days after the notice or order for which review is sought has been served on the person requesting review.

3. Upon receipt of the petition, the City Manager, or his designee, shall set a date for a hearing and give the petitioner fct least five (5) days' prior written notice of the date, time and place of the hearing.

4. At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at petitioner's own expense.

5. The hearing shall be conducted by the City Manager or his designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order or notice for which review is being sought.

6. The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable code or permit provisions. The person conducting the hearing may affirm, reverse or modify the notice or order in conformity with the applicable code sections. Modification may be granted where there is practical difficulty and undue hardship connected with the performance, provided that such modification creates no hazard to safety and deviates from the Code only insofar as is absolutely necessary and does not cause the City to have problems with maintaining compliance with its treatment permits. All decisions rendered hereunder shall be filed with the City Clerk.

Appendix A, p.15

Sec. 3.31

S. Appeal to Council. Any decision rendered pursuant to Paragraph R above may be appealed to the City Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk within ten (10) days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the council agenda as soon as is practical. The Council shall then review the findings of fact and conclusions to determine whether they were correct. Upon a determination by the Council that the findings and conclusions were incorrect, the Council may modify, reverse or affirm the decision of the City Manager or his designee, upon the same standard as set forth in subsection R(6).

T. Transcripts. Any person who desires that a hearing, held pursuant to Paragraph R or S of this section, be transcribed, shall make a written request that a court reporter be present to record the hearing and post a three hundred dollar ($300.00) cash deposit with the City Clerk at least five (5) days prior to the date of each hearing for which transcription in requested. The three hundred dollar ($300.00) deposit shall be applied to the costs of court reporter services and any excess shall be refunded without interest to the depositor. If the costs of transcription exceed the deposit, the requesting party shall make full reimbursement to the City of the difference between the costs of the deposits. (Ord. of 12-23-85,2-5)

Subd. 8. 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 to terminate violation or unauthorized discharge and recover all expenses allowed in Chapter 3. In addition to recovery of costs incurred for violation of provisions contained in the ordinance, the imposition of a penalty of up to $1,000 per day per occurrence may be assessed, (Ord. of 7-25-94)

Subd. 9. Annual Publication. A list of the users which are found to be in significant, noncompliance (SNC), violating applicable pretreatment requirements or national categorical pretreatment standards during the twelve (12) previous months may be annually published by the City in a local newspaper. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months. For the purposes of this provision, significant noncompliance violations would be those violations which remain uncorrected days after notification of noncompliance; which are part of a pattern of noncompliance over a twelve (12) month period; or which involve a failure to accurately report noncompliance; or as described in the definition section of this document. (Ord. of 7-12-2004)

Subd. 10. Costs of Damage. Any user violating any of the provisions of this ordinance or who has a discharge which causes a deposit, obstruction, damage or other impairment to the City's wastewater treatment system shall become liable to the City for any expense, loss, or damage caused by the violation or discharge. The City may add to the user's charges and fees the costs assessed for any cleaning, repair, or replacement

Appendix A, p.16

Sec. 3.32

work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute grounds to deny discharge into the City's sewer system and may be assessed against the real property as a special assessment. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, damage occasioned by the City by reason of such violation.

Subd. 11. Falsifying Information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required in Section 3.31 of the City Code shall be guilty of a misdemeanor.

Subd. 12. Connection Fee. Every applicant for a permit to place a connection to a City water line, where such connection is to serve property not previously assessed for the cost of the water line to which the connection is to be made, shall pay a five hundred dollar ($500.00) connection fee in addition to all other applicable permit, meter, street repair, trunk line usage, and plumbing fees. No such permit for such connection shall be issued until the connection of all other permit fees have been paid. (Ord. of 6-11-73; Ord. of 4-12-76; Ord. of 12-11-78; Ord. of 11-9-81; Ord. of 10-8-84)

Appendix A, p.17