THE BOARD OF COMMISSIONERS OF OLMSTED COUNTY ADOPTS AND ORDAINS THE FOLLOWING:
Section 1 - Sewer Use Ordinance
Section 1.00. General Recitals.
Subd. 1. The Chester Heights Subordinate Service District formed under the authority of Minnesota Statutes Sections 375B.The County and District has or will undertake to construct a wastewater collection and conveyance system (the ?Facilities?) within the District.
Subd. 2. The Board of Commissioners has entered into a Sanitary Sewer Interconnection Agreement with the City of Rochester to treat wastewater collected in the District under certain terms and conditions.
Subd. 3. As a condition of the Agreement, the Board of Commissioners must adopt this use ordinance and incorporate the City of Rochester Sanitary Sewer Ordinance regulating the use of public sewers of the City of Rochester.
Subd. 4. The City of Rochester Sanitary Sewer Ordinance, as found in Chapters 76 and 76A of the Rochester Code of Ordinances is incorporated herein by reference.
Section 1.01. Purpose and Policy.
Subd. 1. This ordinance sets forth uniform requirements for discharges of wastewater to the District?s Facilities and enables the District to comply with all State (Minnesota Pollution Control Agency) and Federal (U.S. Environmental Protection Agency) laws.
Subd. 2. The objectives of this Ordinance are:
a) To prevent the introduction of pollutants into the District?s Facilities which will interfere with the operation of the Facilities or the treatment or disposal of wastewater;
b) To prevent the introduction of pollutants into the District?s Facilities which may be inadequately treated by Rochester?s treatment plant and passed into receiving waters of the State, the land surface or the atmosphere or otherwise be incompatible with the Facilities; and
c) To provide for the efficient and safe collection, conveyance and treatment of wastewater from the District.
Subd. 3. The ordinance provides for the regulation of discharges into the District?s wastewater Facilities 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.
Subd. 4. The ordinance shall apply to the District and Users of the District?s Facilities.
Section 1.02. Definitions.
Subd. 1. Unless the context specifically indicates otherwise, the following terms, as used in this ordinance, shall have the meanings hereinafter designated.
Subd. 2. ?Act? means the Federal Water Pollution Control Act, Public Law #92?500 and the Clean Water Act, Public Law #95-217 as amended.
Subd. 3. ?Carbonaceous Biochemical Oxygen Demand (CBOD)? means 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 (5) days at 20 degrees Centigrade expressed in terms of weight and concentration (milligrams per liter-mg/l).
Subd. 4. ?Building Drain? means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.Building drains shall not collect groundwater from any type of private foundation drain system.
Subd. 5. ?Building Sewer? means the extension from the building drain to the public sewer or other place of disposal.
Subd. 6. ?Chemical Oxygen Demand? means the quantity of oxygen utilized in the chemical oxidation of organic matter, expressed in milligrams per liter, as determined in accordance with standard laboratory procedure as set out in the latest edition of Standard Methods of the Examination of Water and Wastewater.
Subd. 7. ?Combined Sewer? means a sewer originally designed and currently designated to receive both surface water runoff and wastewater.
Subd. 8. ?Cooling Water? means the water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added to the water is heat.
Subd. 9. ?Director? means the County Environmental Services Coordinator or respective designee operating under authority of the County Board.
Subd. 10. ?District? means the Chester Heights Subordinate Service District formed by Olmsted County under Minnesota Statutes 375B for the purposes described in this ordinance.
Subd. 11. ?Domestic Waste? means wastes from residential Users and from the sanitary conveniences of multiple dwellings.
Subd. 12. ?EPA? means the U.S. Environmental Protection Agency.
Subd. 13. ?Facilities? means the system of trunk and lateral lines, gravity and force mains, pumps, lift stations and other appurtenance constructed to collect and convey wastewater from the District.
Subd. 14. ?Flow? means the quantity of wastewater expressed in gallons or cubic feet per twenty-four (24) hours.
Subd. 15. ?Garbage? means solid wastes resulting from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage of said meat, fish, fowl, fruit, vegetables, and condemned food.
Subd. 16. ?General Pretreatment Regulations? means the general pretreatment regulations for existing and new sources of pollution promulgated by EPA under Section 307(b) and (c) of the Act and found at 40 CFR Part 403.
Subd. 17. ?Indirect Discharge? means the introduction of pollutants or wastes into the Facilities from any nondomestic source regulated under Section 301 (b), (c), or (d) of the Act.
Subd. 18. ?Industrial Waste? means solid, liquid, or gaseous wastes, including cooling water (except where exempted by a NPDES Permit), resulting from any industrial, manufacturing, or business process, or from the development, recovery, or processing of a natural resource.
Subd. 19. ?Industrial User? means a source of industrial waste.
Subd. 20. ?Interference? means a discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the Facilities, Rochester?s treatment processes or operations or Rochester?s sludge processes, use or disposal and, therefore, is a cause of a violation of any requirement of any NPDES Permit or of the prevention of sewage sludge use or disposal with statutory provisions and regulations or permits.
Subd. 21. ?MPCA? means the Minnesota Pollution Control Agency.
Subd. 22. ?National Pollutant Discharge Elimination System (NPDES) Permit? means any permit or requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq); for the purpose of regulating the discharge of wastewater, industrial wastes, or other wastes under the authority of Section 402 of the Act.
Subd. 23. ?Ordinance? means the set of rules contained herein and in the District?s Sewer Rate and Cost Recovery Ordinance.
Subd. 24. ?Other Wastes? shall mean other substances except wastewater and industrial wastes.
Subd. 25. ?Person? means the State or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity.
Subd. 26. ?pH? means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
Subd. 27. ?Pretreatment? means 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 Facilities. The reduction, elimination, or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by this ordinance.
Subd. 28. ?Pretreatment Standards? means standards for industrial groups (categories) promulgated by EPA pursuant to the Acts which regulate the quality of effluent discharge to publicly owned treatment works and must be met by all users subject to such standards.
Subd. 29. ?Public Utility? means the unit of municipal government and its people responsible for the operation of the Facilities and this ordinance.
Subd. 30. ?Publicly Owned Treatment Works (POTW)? means the treatment works as defined by Section 212 of the 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 only if they convey wastewater to a POTW plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works plant.
Subd. 31. ?Rules? means the waste discharge rules for the Rochester disposal system contained herein.
Subd. 32. ?Sanitary Sewer? means a sewer which carries wastewater and to which storm, surface, and groundwater are not intentionally admitted.
Subd. 33. ?Sewage Sludge? means solids and associated liquids in municipal wastewater which are encountered and concentrated by a municipal wastewater treatment plant.
Subd. 34. ?Sewer? means a pipe or conduit for carrying wastewater, industrial waste, or other waste liquids.
Subd. 35. ?Sewer System? means pipelines or conduits, pumping stations, force mains, and all other devices and appliances appurtenant thereto, used for collecting or conducting wastewater.
Subd. 36. ?Shall? is mandatory; ?May? is permissive.
Subd. 37. ?Significant Industrial User? means (i) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
(ii) Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the Rochester Water Reclamation Plant (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the Rochester Water Reclamation Plant, or is designated as such by the City of Rochester, Director of Public Works on the basis that the industrial user has a reasonable potential for adversely affecting the Rochester Water Reclamation Plant?s operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
Subd. 38. ?Slug? means any waste discharge which in concentration of any given constituent or in quantity of flow, exceeds for any time period longer than fifteen (15) minutes four (4) times the average twenty?four (24) hour concentration or flow during normal operation..
Subd. 39. ?State? means the State of Minnesota or its designated agency, the Minnesota Pollution Control Agency (MPCA).
Subd. 40. ?Storm Water? means any flow occurring during or following any form of natural precipitation and resulting therefrom.
Subd. 41. ?Storm Sewer? (sometimes termed ?storm drain?) means a sewer which carries storm and surface water and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling or process water.
Subd. 42. ?Suspended Solids (SS)? means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by a standard glass fiber filter.
Subd. 43. ?Total Toxic Organics? means the summation of all values greater than 0.01 mg/l of toxic organics listed in Section 307 (A) of the Act.
Subd. 44. ?Unpolluted Water? means clean water uncontaminated by industrial wastes, other wastes, or any substance which renders such water unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety, or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, bird, fish, or other aquatic life.
Subd. 45. ?User? means any Person who discharges, causes, or permits the discharge of wastewater into the Facilities.
Subd. 46. ?Waste Transport Hauler? means an Industrial User who transports industrial or domestic waste for the purpose of discharge into the sewer.
Subd. 46. ?Wastewater? means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the Facilities.
Section 1.03. Mandatory Connection, Abandonment of Private Wastewater Disposal Systems.
Subd. 1. All private septic systems and other similar facilities shall be properly abandoned, or removed at the time service to the District System is made available to real estate upon which is located any structure serviced by a private septic system, and the applicable property owner shall be required to connect to the District System at the time of such abandonment or removal.
Subd. 2. Upon 24 hours notice, 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 1.04. Building Sewers and Connections.
Subd. 1. No person, unless authorized, shall uncover, make any connections with, or disturb any portion of the Facilities, except in accordance with the applicable provisions of this Ordinance.
Subd. 2. All costs and expense incident to the installation and connection of the building sewer for non-residential connections and connections occurring after the initial installation of the Facilities shall be borne by the owner.The owner shall indemnify and hold harmless the District from any loss or damage to the Facilities that may directly or indirectly be occasioned by the installation of the building sewer.
Subd. 3. A separate and independent building sewer shall be provided for every building, unless a special permit is issued by the District for extenuating circumstances.Such a permit shall require a written agreement between the property owners and the District as to the share of the costs of construction and maintenance that each will contribute.
Subd. 4. Old 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.
Subd. 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 all conform to the requirements of the building and plumbing code or other applicable rules and regulations.In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of Water Pollution Control Federation Manual of Practice No. 9 and applicable American Society of Testing and Materials (ASTM) standards shall apply.
Subd. 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.
Subd. 7. No Person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain that is connected directly or indirectly to the Facilities.
Subd. 8. The construction of the building sewer and its connection to the Facilities shall conform to the requirements of the building and plumbing code, the sewer specifications included herein, or other applicable rules and regulations and the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual of Practice No. 9, and the American Society for Testing and Materials (ASTM).All such construction shall be made gastight and watertight.Any deviation from the prescribed procedures and materials must be approved by the District before installation.
Subd. 9. The District shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the connection shall notify the District when the work is ready for final inspection and no underground portions shall be covered before the final inspection is completed.The connection shall be made under the supervision of the District or its representative.
Subd. 10. Any new connections to the Facilities shall be prohibited unless sufficient capacity is available in all downstream portions of the Facilities and at the POTW, including, but not limited to capacity for flow, CBOD and suspended solids, as determined by the District upon consultation with Rochester City Engineer.
Section 1.05. Connections, Alterations, Main and Lateral Sewers.
Subd. 1. No Person, unless authorized, shall uncover, make any connections with or opening into, use, alter, or disturb any portion of the Facilities without first obtaining a written permit from the District.The Rochester City Engineer shall review and approve all non-residential building connections to the facilities.The District may charge a reasonable permit fee to cover the costs of inspections associated with alterations or connections to the Facilities as well as administrative expenses incurred by the District on account of such alterations and connections.
Subd. 2. No main or lateral sewer shall be constructed in the District (except house or building service sewers) except by the District.No such main or lateral sewer shall be considered to be a part of the Facilities unless accepted by the District.
Subd. 3. No lift station or check valve shall be installed on any portion of the Facilities (except house or building service sewers) except by the District.No such lift station or check valve shall be considered to be a part of the Facilities unless accepted by the District.
Subd. 4. 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.
Section 1.06. Protection from Damage.
Subd. 1. No Person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the Facilities.
Section 1.07. Use of Public Sewers.
Subd. 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.
Subd. 2. As set forth in Section 1.03., 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.
Subd. 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 Facilities.
Subd. 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 the Facilities, at the owners expense, within sixty (60) days after service of official notice to do so, provided that said public sewer is reasonably available for connection. 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 official notice shall be given by the District, or its designated agent, and shall be served upon the owner personally or by certified mail.
Subd. 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 and said charge shall be a lien against said property.Such charge, when made, shall bear interest at the rate of eight percent (8%) per annum and shall be certified to the auditor of the County in which the land is situated and shall be collected and remitted to the 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.
Subd. 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 Facilities unless there is no prudent and feasible alternative and unless as approved by the District, upon consultation with the Rochester City Engineer.
Subd. 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 a NPDES Permit by the MPCA, when necessary.
Section 1.08. Industrial Uses and Users Prohibited.
Discharge of wastewater into the sewer from a ?Significant Industrial User? within the District is prohibited.
Section 1.09. Limitations on Wastewater Strength.
Subd. 1. Federal Pretreatment Standards. Federal Pretreatment Standards and General Regulations promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this ordinance unless the Director has applied for, and obtained from the Rochester City Engineer, approval to modify the specific limits in the federal pretreatment standards. In all other respects, Industrial Users subject to Pretreatment Standards shall comply with all provisions of these Rules and any Permit issued thereunder, notwithstanding less stringent provisions of the General Pretreatment Regulations or any applicable Pretreatment Standard.
Subd. 2. State Requirements. State requirements and limitations on discharges shall be met by all Users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this ordinance.
Subd. 3. District?s Right of Revision. The District reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the Facilities if deemed necessary to comply with the objectives of this ordinance.
Subd. 4. Dilution. No User shall increase the use of process water, or in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in any local or state requirements or federal pretreatment standards.
Subd. 5. Reports. Reports specified in Code of Federal Regulations, Title 40, Section 403.12 of the General Pretreatment Regulations shall be submitted to the District by affected Users.
Section 1.10 Discharge of Certain Materials Prohibited
Subd. 1. No person shall discharge or cause or allow to be discharged, directly or indirectly, into the Facilities any of the following waste pollutants:
(a) All waste of any type generated from any source outside the designated sewer service area as provided for in this Agreement.
(b) All waste generated from septic tank contents, portable toilets, privy vault contents, sewage holding tanks and the like generated from within the limits of the designated sewer service area.
(c) Any wastes which may directly or indirectly impair the proper functioning of the City of Rochester?s POTW.
(d) Any wastes the strength or pollutional effects of which are not effectively altered by ordinary treatment processes, or the presence of which in the receiving stream would violate State and Federal water quality standards.
(e) 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 City of Rochester?s POTW or to the operation of the Facilities.Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, 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 Centigrade). At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter.
(f) Solid or viscous substances that will or may cause obstruction to the flow in a sewer or other interference with the operation of the City of Rochester?s POTW such as, but not limited to, grease, garbage with particles greater than one-half inch (1/2 in.) 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.
(g) 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, or personnel of the City of Rochester?s POTW.
(h) 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 Federal Water Pollution Control Act as amended.
(i) 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.
(j) Any wastewater with objectionable color not removed in the treatment process, such as, but, not limited to, dye wastes and vegetable tanning solutions.
(k) Any wastewater which creates conditions at or near the City of Rochester?s POTW that violate any statute or any rule, regulations, or ordinance of any public agency or State or Federal regulatory body.
(l) Any wastewater with CBOD in excess of two hundred sixty (260) mg/l and TSS in excess of two hundred eighty (280) mg/l.
(m) Any wastewater having a temperature greater than 150 degrees Fahrenheit (65.6 degrees Centigrade), or causing, individually or in combination with other wastewater, the influent at the City of Rochester?s POTW to have a temperature exceeding 104 degrees Fahrenheit (40 degrees Centigrade) or having heat that will inhibit biological activity in the City of Rochester?s POTW resulting in interference.
(n) Any slug load, which shall mean any pollutant, including oxygen demand pollutants (CBOD, etc.), released in a discharge of such volume or strength as to cause inhibition or disruption in the Rochester Treatment Works.In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities, or flow during normal operation.The Water Reclamation Plant must be notified immediately in the event of any slug load accidentally discharged or any other discharge that has the potential, either singly or in combination with other wastewater, to cause interference with the wastewater disposal system's process.
(o) Non-contact cooling water or unpolluted storm or groundwater.
(p) Any wastewater containing fats, wax, grease, or oils, whether emulsified or not, in excess of 150 mg/l or containing substances which may solidify or become viscous at temperatures between 32?F and 150?F (0?C and 65.6?C); and any wastewater containing oil and grease concentrations of mineral origin of greater than 25 mg/l, whether emulsified or not.
(q) 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 City of Rochester?s POTW.
(r) Radioactive wastes or isotopes of such a half-life or concentration that they are in non-compliance with standards issued by the appropriate authority having control over their use and which will or are likely to cause damage or hazards to the City of Rochester?s POTW or the personnel operating it.
(s) Wastewater containing the following substances in excess of the limits shown or in RCO 76A.07 whichever is less.
Arsenic ------------ 0.4mg/l
Cadmium ------------ 0.26 mg/l
Copper ------------- 1.0mg/l
Cyanide ------------ 0.65 mg/l
Lead --------------- 0.43 mg/l
Mercury ------------ 0.5mg/l
Molybdenum0.86 mg/l`
Nickel ------------- 2.38 mg/l
Silver ------------- 0.24 mg/l
Chromium ----------- 1.71 mg/l
Zinc --------------- 1.48 mg/l
Selenium ----------- 0.44 mg/l
Methylene Chloride - 1.00 mg/l
Total Toxic Organics 2.13 mg/l
(t) Wastewater containing Hexavalent Chromium.Any industrial discharger producing waste containing hexavalent chromium shall provide pretreatment facilities which will effectively reduce the chromium to the trivalent state.Dischargers will also be subject to appropriate limitations on total chromium discharges to the municipal wastewater collection system.
(u) Any trucked or liquid hauled waste except as designated by the City Engineer.
(v) Any medical wastes, except as provided for in an acceptable infectious waste management plan in compliance with the Minnesota Pollution control Agency, pursuant to Minnesota Statutes.
(w) Any discharge, which if otherwise disposed of would be considered a listed or characteristic hazardous waste under 40 CFR part 261, unless approved by the Water Reclamation Plant.Notification of such discharges must be made in writing and receive written approval prior to discharge.
Subd. 2. 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 Facilities.Any property owner in violation of this section shall be assessed a monthly surcharge, the amount of which will be established bythe Board, 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 Facilities.
Subd.5. It is unlawful for any person to construct, alter or extend any Sewer connected or proposed to be connected to the Facilities without first having the plans and specifications therefore approved by the District.
Subd.6. 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 Facilities in a clogged, obstructed, broken or damaged condition, or not in conformance with the existing Plumbing Code.
Subd.7. 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.
Section 1.11. Accidental Discharges.
Subd. 1. Accidental discharges of prohibited waste into the Facilities, directly or through another disposal system, or to any place from which such waste may enter the Facilities, shall be reported to the District and City by the persons responsible for the discharge, or by the owner or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the fact of such discharge.Such notification will not relieve users of liability for any expense, loss or damage to the wastewater disposal system or treatment process, or for any fines imposed on the District on account thereof under any state or federal law. The responsible Person shall take immediate action as is reasonably possible to minimize or abate the prohibited discharge.
Subd. 2. The responsible Person shall send a letter describing the prohibited discharge to the District and City within seven (7) days after obtaining knowledge of the discharge. The letter shall include the following information:
(a) the time and location of the spill;
(b) description of the accidentally discharged waste, including estimate of pollutant concentrations;
(c) time period and volume of wastewater discharged;
(d) actions taken to correct or control the spill;
(e) a schedule of corrective measures to prevent further spill occurrences.
Section 1.12. Monitoring.
Subd. 1. Monitoring Facilities. When required by the District or the Rochester City Engineer, a User shall install a suitable control structures, together with such necessary meters and other appurtenances at or near the service connection, to facilitate observation sampling, flow measurement, and measurement of the wastes.Such structure and equipment when required shall be constructed at the User?s expense in accordance with plans approved by the District and the Rochester City Engineer 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 a location would be impractical or cause undue hardship on the User, allow the facility to be constructed elsewhere.
Subd. 2. Flow Measurement. A User, when required by the District or the Rochester City Engineer, shall install and maintain a flow measurement device for instantaneous rate and/or cumulative flow volume determinations.Metered water supply may be used in lieu of flow measurement devices if it can be documented that the water usage and waste discharge are the same, or where a measurable adjustment to the metered supply can be made to determine the waste volume.
Meters and flow records shall be maintained at the User?s expense in good operating condition at all times. The User shall notify the District in writing within five (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 industrial waste entering the Facilities.
Subd. 3. District?s Self-Monitoring Analyses. All measurements, tests, and analyses of the characteristics of water and wastes shall be determined in accordance with guidelines established in 40 CFR Part 136 and 40 CFR 403.12 (g) of the General Pretreatment Regulations.Representative samples of the District?s waste shall be collected on a normal operating day.
Subd. 4. Self-Monitoring Reports. The District shall complete and submit accurate routine self-monitoring reports to the City of Rochester in a form and at a frequency as reasonable required by the City ofRochester.
Subd. 5. Inspection and Sampling.The District may conduct such tests as are necessary to enforce this ordinance, and employees 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 operating hours unless circumstances require otherwise.In all cases where tests are conducted by the District for the purpose of determining whether the User is in compliance with regulations, the cost of such tests shall be charged to the User and added to the User?s User Fee.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 ten (10) days written notice of its intention to do so, and the cost thereof shall be added to the User?s User Fee.
Duly authorized employees of the District, MPCA, and EPA bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance.Those employees shall have no authority to inquire into any processes except as is necessary to determine the kind and source of the discharge to the Facilities.
While performing the necessary work on private properties referred to in this section, the authorized employees of the District shall observe all safety rules applicable to the premises established by the User.
Duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in all accordance with the terms of the easement pertaining to the private property involved.
Subd. 6. Testing Procedures. Testing procedures for the analysis of pollutants shall conform to the guidelines established in Code of Regulations, Title 40, Part 136.
Subd. 7. Wastewater Discharge Records. Wastewater discharge records of the District shall be kept by the District for a period of not less than five (5) years or as otherwise required by law.
Section 1.13. 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.
Section 1.14. Confidential Information.
As subject to the Minnesota Government Data Practices Act, 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 governmental agencies for uses related to this ordinance, the NPDES permit, state disposal system permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the District as confidential, shall not be transmitted to any governmental agency or to the general public by the District until and unless a ten (10) day notification is given to the User.
Section 1.15. Severability and Conflicts.
Subd. 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.
Subd. 2. Conflicts. If conflicts arise between this ordinance and the Rochester ordinance, the Rochester Ordinance, and the interpretations thereof, shall take precedence.
Section 1.16. Enforcement.
Subd. 1. Remedies Available. The District may suspend service when such suspension is necessary, in the opinion of the District or upon notification and recommendation of the Rochester City Engineer, in order 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 Facilities, or would cause the District or the City of Rochester to violate any condition 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 Facilities.In the event of a failure of the User to comply voluntarily with the suspension order, the District shall take such steps as deemed necessary, including immediate severance of the User?s connection to the Facilities, to prevent or minimize damage to the Facilities or endangerment to any individuals. The District shall reinstate service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the User describing the causes of the Slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the District and Rochester City Engineer within five (5) working days of the date of occurrence.
Subd. 2. Notification of Violation. Whenever the District finds or is otherwise notified by the Rochester City Engineer, that any Person has violated or is violating this ordinance, or any prohibition, limitation or requirement contained herein, the District may serve upon such Person a written notice stating the nature of the violation. Within ten (10) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the District and Rochester City Engineerby the Person.
Subd. 3. Environmental Services Administrative Ordinance. Provision of this Ordinance shall be enforced pursuant to the Olmsted County Environmental Services Administrative Ordinance.Penalties for violations of this Ordinance shall be as specified in the Environmental Services Administrative Ordinance.
Section 1.16. Effective Date
This ordinance shall be in full force and effect upon adoption and publication pursuant to Minnesota law.
Dated this 10th day of August, 2004.
OLMSTED COUNTY BOARD OF COMMISSIONERS
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Michael Podulke, Chairperson
ATTEST:
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Richard G. Devlin, Clerk-Administrator
Official Olmsted County Website
Location:
County Ordinances > Chester Heights Sewer Ordinance
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