City of Howard Lake Sewer and Water Regulations Ordinance

CHAPTER 10.04

SUMMARY OF AN ORDINANCE AMENDING ORDINANCE NO. 10.04 ENTITLED "AN ORDINANCE ESTABLISHING SEWER USE REGULATION"

The Council of Howard Lake Ordains:

ARTICLE I. DEFINITIONS Section 38. (Revised) "Sewer and Water Department Head" - The utilities superintendent of a Deputy, agent or representative thereof.

ARTICLE II. CONTROL BY THE SEWER AND WATER UTILITY DEPARTMENT HEAD

Section 1. (Revised) The Sewer and Water Utility Department Head shall have control and general supervision of all public sewers and service connections in the City, and shall be responsible for administering the provisions of this ordinance to the end that a proper and efficient public sewer is maintained.

ARTICLE IV. PRIVATE WASTEWATER DISPOSAL

Section 7. (Added) Sanitary Sewer Cooperative, organized under Minnesota statutes of any applicable law, shall not design, construct, install, or manage, maintain, control or operate any individual sewage treatment system (ISTS) or alternative discharging sewage system (ADSS) within the City's corporate limits without the City's prior, written approval.

Section 8. (Added) No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the MPCA or the Department of Health of the State of Minnesota.

ARTICLE V. BUILDING SEWERS AND CONNECTIONS

Section 7. (Revised) Old buildings sewers may be used in connection with the new buildings only when they are found, on examination and test by the Sewer and water Department Head or his representative, to meet all requirements of this ordinance.

Section 12. (Revised) The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection and inspection shall be made under the supervision of the Sewer and water Department Head or authorized representative thereof.

Section 15. (Revised) Any person desiring a permit to make a service connection with public sewers, shall apply in writing to the City Council with satisfactory evident that the applicant or employer is trained or skilled in the business and qualified to receive a permit. All applications shall be referred to the Sewer and water Department Head for recommendations to the Council if necessary.

Section 16. (Revised) The applicant of the sewer connection permit will indemnify and hold harmless the City from all suits, accidents, and damage that may arise by reason of any opening in any street, alley, or public ground, made by the permute or by those in the permitee's employment for any purpose whatever, and that the permitee will replace an restore the street and alley over such opening to the condition existing prior to installation, adequately guard with barricades and lights an will keep and maintain the same to the satisfaction of the sewer and Water Department head or appointed representative, and shall conform in all respects to the rules and regulation of the Council relative thereto, and pay all fines that maybe imposed on the permitee by law.

Section 17. (Revised) The permit fee for making services connections is determined by the policy of the City Council. The permit is valid for one year from the time of approval.

Section 18. (Revised) The Council may suspend or revoke any permit issued under this article for any of the following causes: (a) Giving false information in connection with the application for a permit. (b) Incompetence of the permitee. (c) Willful violation of any provisions of this article or any rule or regulation pertaining to the making of service connections.

ARTICLE VI. USE OF PUBLIC SERVICES

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

ARTICLE IX. POWERS AND AUTHORITY OF INSPECTORS

Section 1. (Revised) The Sewer and Water Department Head 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.

Section 2. (Revised) The Sewer and water Department Head or other duly authorized employees are to obtain information concerning industrial processes, which have direct bearing on the type and source of discharge to the wastewater collection system. An industry must establish that the revelation to the public of the information in question, might result in an advantage to competitors.

Section 3. (Revised) While performing necessary work on private properties, the Sewer and Water Department Head 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 negligence or failure of the company to maintain safe conditions as required in Article VI, Section 9 of this ordinance.

Section 4. (Revised) The Sewer and water Department Head 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 omitted 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.

ARTICLE X. PENALTIES

Section 2. (Revised) Any person who shall continue any violation beyond the time limit provided for in section l of this Article, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding $900.00 for each violation. Each day in which any such violation occurs shall be deemed as a separate offense.

Passed by the Howard Lake City Council this 4th day of December, 2001.

Gerry Smith, Mayor

ATTEST: Gene Gilbert Clerk/Treasurer


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