city ordinances – chapter 3
MUNICIPAL AND PUBLIC UTILITIES – RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS
SECTION 3.01. DEFINITIONS. As used in this Chapter, the following words and terms shall have the meanings stated:
1. “Utility” means all utility services, whether the same is public City-owned facilities or furnished by public utility companies.
2. “Buffalo Municipal Utility” means any City-owned utility system, including, but not by way of limitation, water, sewage, electric service.
3. “Company”, “Grantee”, and “Franchisee” mean any public utility system to which a franchise has been granted by the City.
4. “Consumer” and “Customer” means any user of a Buffalo Municipal utility.
5. “Service” means private service lines from the public utility to the bldg. or residence.
6. “Readily Accessible” means capable of being reached safely and quickly for operation, repair, or inspection without requiring those to whom ready access is necessary to remove obstacles, panels, or similar objects.
7. “Cross Connection” means any connection or arrangement, physical or otherwise, between the water utility supply system and any private well, plumbing fixture, or tank, receptacle, equipment, or devise for which it may be possible for non – potable, used, unclean, polluted, or contaminated water or other substance to enter any part of the potable water system under any condition.
8. “Administrative Authority” Since the City of Buffalo has adopted the Minnesota State Plumbing Codes the Administrative Authority means the commissioner of health. When a governmental subdivision adopts and maintains a comprehensive plumbing enforcement program that is conducted by personnel who are knowledgeable about plumbing installation requirements, and includes enforcement of all code provisions including materials, methods, inspection, and testing, the administrative authority shall be the governing body of the adopting unit of government, it’s agents, and employees; however, the commissioner of health retains the ultimate authority to enforce Minnesota statutes, sections 326.37 to 326.45.
Source: Ordinance 64, Series 5
Effective Date: 03-02-2006
SEC. 3.02. FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES. All rates and charges for municipal utilities, including, but not by way of limitation, rates for service, permit fees, deposit, connection and meter testing fees, disconnection fees, reconnection fees, electric underground service lines, including penalties for non-payment if any, shall be fixed, determined and amended by the Council and adopted by resolution. Such resolution, containing the effective date thereof, shall be kept on file and open to inspection in the office of the Administrator and shall be uniformly enforced. For the purpose of fixing such rates and charges, the Council may categorize and classify under the various types of service, provided, that such categorization and classification shall be included in the resolution authorized by this Section.
SEC. 3.03. FIXING RATES AND CHARGES FOR PUBLIC UTILITIES. All rates and charges for public utility franchisees, not regulated by an agency of the State, shall be fixed and determined by the Council and adopted by ordinance. Such ordinances shall be listed and referred to in Chapter 20 of the City Code. Public utility company rates and charges may be fixed and determined by the respective franchisees in compliance with this Section, as follows:
Subd. 1. No rate or charge involving an increase thereof shall become effective until approved by the Council. To request such increase the franchisee shall prepare its written petition setting forth the then current and proposed rates and charges, the effective date of the proposed increases (which may not be within ninety days of filing the petition), and the reason or reasons necessitating the proposed increase or increases. Such petition shall be filed with the Council by serving the same on the Administrator in person or by certified mail, return receipt requested.
Subd. 2. Within thirty days of such filing the Council shall adopt a resolution and serve the same upon the resident superintendent of the franchisee in like manner as the petition may be served either approving the proposed increases or ordering a hearing thereon to be held within sixty days thereof. If no such action is taken by the Council, such increase or increases shall take effect on the date stated in the franchisee’s petition as though approved by the Council.
Subd. 3. Prior to the hearing date, the franchisee shall, without delay, comply with the City’s reasonable requests for examination and copying of all books, records, documents and other information, relating to the subject matter of the petition. Should the franchisee unreasonably delay, fail or refuse such requests, the same shall be grounds for a continuance of the hearing date.
Subd. 4. Notice of hearing shall be in the form and manner stated in the resolution. At the hearing all persons wishing to be heard thereon shall be afforded a reasonable opportunity. Findings and a decision shall be made by the Council within fifteen days after the hearing and served upon the franchisee.
SEC. 3.04. CONTRACTUAL CONTENTS. Provisions of this Chapter relating to municipal utilities shall constitute portions of the contract between the City and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. All contracts between franchisees and consumers of utility services other than municipal shall be in strict accord with the provisions of this Chapter.
SEC. 3.05. RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES.
Subd. 1. Billing, Payment and Delinquency. All municipal utilities shall be billed monthly or quarterly and a utilities statement or statements shall be mailed to each consumer each month. All utilities charges shall be delinquent if they are unpaid at the close of business on the 15th day of each month following the billing, provided, that if the 15th day shall fall on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. If service is suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties.
Subd. 2. Application, Connection and Sale of Service. Application for municipal utility services shall be made upon forms supplied by the City, and strictly in accordance therewith. No connection shall be made until consent has been received from the City to make the same. All municipal utilities shall be sold and delivered to consumers under the then applicable rate applied to the amount of such utilities taken as metered or ascertained in connection with such rates.
Subd. 3. Discontinuance of Service. All municipal utilities may be shut off or discontinued whenever it is found that:
A. The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of the City Code relative thereto, or any connection therewith, or,
B. Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof, or,
C. There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor, or,
D. Due to high water, ice formation, or other natural phenomena, a situation arises which would cause imminent or impending danger of injury to the utility system, an individual property owner, or the public as a whole. Reasonable notice of such cutoff will be given, if possible, but may be terminated forthwith if the City determines that an emergency exists.
Subd. 4. Ownership of Municipal Utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances thereto, shall be and remain in the City and no person shall own any part or portion thereof. Provided, however, that private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership.
Subd. 5. Right of Entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any City employee acting within the course and scope of his employment may enter into and upon the private property of the customer, including dwellings and other buildings, at all reasonable times under the circumstances, in or upon which private property a municipal utility, or connection therewith, is installed, for the purpose of inspecting, repairing, reading meters, connecting or disconnecting the municipal utility service.
Subd. 6. Meter Test. Whenever a consumer shall request the City to test any utility meter in use by him, such a request shall be accompanied by a cash deposit for each meter to be tested. If any such meter is found to be inaccurate the same shall be replaced with an accurate meter and the deposit thereon refunded. If the meter shall be found to be accurate in its recordings or calculations it shall be reinstalled and the deposit shall be retained by the City to defray the cost of such test.
Subd. 7. Unlawful Acts.
A. It is unlawful for any person to willfully or carelessly break, injure, mar, deface, disturb, or in any way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility.
B. It is unlawful for any person to make any connection with, opening into, use, or alter in any way any municipal utility system without first having applied for and received written permission to do so from the City.
C. It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected by the City for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the City.
D. It is unlawful for any person to “jumper” or by any means or device fully or partially circumvent a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge.
Subd. 8. Municipal Utility Services and Charges a Lien.
A. Payment for all municipal utility (as that term is defined in City Code, Section 3.01) service and charges shall be the primary responsibility of the owner of the premises served and shall be billed to him unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented to by the City of Buffalo, Minnesota. The City may collect the same in a civil action or, in the alternative and at the option of the City, as otherwise provided in this Subdivision.
B. Each such account is hereby made a lien upon the premises served. All such accounts which are more than forty-five days past due may, when authorized by resolution of the Council, be certified by the Administrator of the City of Buffalo, Minnesota, to the County Auditor, and the Administrator in so certifying shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes.
Subd. 9. Municipal Utility Service Outside the City. The Administrator is hereby authorized to furnish municipal utility service to consumers outside the City, provided, that such consumers shall supply the City with necessary easements and other documentation, pay that portion of the cost of extending such lines as the Council shall determine, and specifically agree to all of the terms of the City Code, including, but not limited to, rules, regulations and rates adopted thereunder and the right to specially assess delinquent services, charges and penalties.
SEC. 3.06. CONNECTION OR TAPPING PROHIBITED – DELINQUENT ASSESSMENTS OR CHARGES. No permit shall be granted to tap or connect with sewer or water mains when any assessment or connection charge for such sewer or water main against the property to be connected is in default or delinquent. If such assessment or connection charges are payable in installments, no permit shall be granted unless all installments then due and payable have been paid.
Source: City Code
Effective Date: 10-1-85
Sec. 3.07 INDUSTRIAL AND COMMERCIAL WASTEWATER RATES.
Commercial and industrial wastewater users of over 250,000 gallons or more per quarter may choose one of the following methods for determining wastewater rates:
A. A minimum quarterly charge, whether use of water is metered or not,
B. A flat charge where the rate is not based upon the metered use of water,
C. Metered flow charges for all premises where the rate is to be based upon metered use of water.
The rate payer must have utilities paid in full and on time, pay the fees on a monthly rather than quarterly basis, and be allowed to select an option no more than one time per year.
- Source: Ordinance 13, Series 5
- Effective Date: 10-15-98
SEC. 3.20. RULES AND REGULATIONS RELATING TO REFUSE COLLECTION AND DISPOSAL.
Subd. 1. Definition. “Refuse” includes all drained organic material resulting from the preparation of food and spoiled or decayed food from any source, bottles, cans, glassware, paper or paper products, crockery, ashes, rags, and discarded clothing, tree and lawn clippings and solid market and industrial wastes.
Subd. 2. Storage and Transporting Refuse.
A. It is unlawful for any person to store refuse except as herein provided.
B. It is unlawful for any person to transport refuse over any street, for hire, except by special permit from the Council, or acting within the course and scope of a written contract with the City, or his employment with the City.
C. It is unlawful for any person to transport refuse on any street unless it is carried in a vehicle equipped with a leak-proof body or container and completely covered with a heavy canvas or top to prevent loss of contents.
Subd. 3. Containers. All refuse shall be stored in clean, rust-resistant, water-tight, non-absorbent and washable closed containers, approved for the purpose by the City. Provided, however, that tree clippings may be stored in tied bundles no longer than four feet and lawn clippings and paper may be stored in containers protected from wind and other elements.
Subd. 4. Collection and Disposal of Refuse. The City shall provide for collection and disposal of all refuse in a sanitary manner to insure the health, safety and general welfare of its residents, under such terms and conditions as the City may, from time to time, deem appropriate. Containers shall be placed at the designated collection point on days specified by the City. Collection points will generally be the alley adjacent to the property from which refuse is collected; but where there is no alley, the curb line in front of such property.
Subd. 5. Property of the City. All materials at public disposal sites are the property of the City. It is unlawful for any person to separate, collect, carry off or dispose of such materials except by direction of the City.
Subd. 6. Disposal Site. Privately hauled non-refuse disposal from households, and refuse and non-refuse disposal from commercial establishments, may be deposited at the disposal site upon payment of charges therefor.
Source: City Code Effective Date: 10-1-85
Subd. 7. Compost Facility.
A. Only City residents or businesses shall deposit materials at the City’s compost facility.
B. Deposited materials must be organic yard materials (lawn clippings, twigs, and branches, sawdust, wood ash, leaves, weeds); garden waste (faded flowers, weeds, plant trimmings); lake plants; spare kitchen scraps (fruit and vegetables, peels, trimmings, and other raw non-greasy food waste). Other materials which can be disposed of in a safe, sanitary, and biodegradable manner may be deposited with the approval of an on-site staff member.
C. Logs, plastics, synthetic fibers, human or pet wastes, heavily diseased plants, meat, bones, fat, oils, dairy products, chemical barrels, refrigerators, ovens, steel and various other metals, construction lumber and hazardous wastes are prohibited.
D. All deposited materials must be placed with like materials in designated areas at the compost facility. Bags and containers used to transport the compost may not be left at the compost facility.
E. Compost facility hours will be posted at the entrance of the facility. No access is allowed after hours.
F. The City Department of Public Works/Street and Maintenance will be responsible for enforcement procedures.
G. Failure to comply with the provisions of this subdivision shall result in a monetary penalty in accordance with the City’s “penalty schedule.”
Source: Ord 16, Series 5 Effective Date: 11-12-1998
Source: Ord 52, Series 5 Effective Date: 08-28-2003
SEC. 3.30. RULES AND REGULATIONS RELATING TO WATER SERVICE.
Subd. 1. Deficiency of Water and Shutting Off Water. The City is not liable for any deficiency or failure in the supply of water to customers whether occasioned by shutting the water off for the purpose of making repairs, connections, emergency demand reduction procedures, or by any other cause whatever. In case of fire, or alarm of fire, water may be shut off to insure a supply for fire fighting. In making repairs or construction of new works, water may be shut off at any time and kept off so long as may be necessary. The city reserves the right to shut off a service line for non – payment of bills according to State and Local regulations.
Subd. 2. Repair of Service Leaks. The consumer owns the service line to the curbbox/gatevalve including the connections to such devices on the owner’s side. It is the responsibility of the consumer to repair and maintain private service pipe from the curbox/gatevalve up to and throughout the house or commercial building except the water meter, which remains the responsibility of the Utility. In case of failure upon the part of any consumer or owner to repair any leak occurring in his service pipe within twenty-four (24) hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not preceded with immediately. The City Utility will be responsible for service leaks from the main up to and including the curbbox/gatevalve. Included in this, is the replacement responsibility and expense to restore any public road right-of-way (boulevard, sidewalk, curb, gutter, and street) to City specifications. In the course of these repairs, the city will not replace any private infrastructure and items such as (landscaping, trees, driveway surfacing, etc). Boulevard areas will be brought up to grade, raked out, and seeded down with grass seed. Driveway areas will be brought up to grade with class V and it shall be the owner’s responsibility to replace any surfacing.
Subd. 3. Abandoned Services. All service installations connected to the water system that have been abandoned or, for any reason that have become useless for further service shall be disconnected at the main. The owner of the premises, served by this service, shall pay the cost of the excavation and restoration. The Utility shall perform an inspection of the disconnection. If a new building is constructed on a building site where there is access to a previously used existing service, and with utility department approval, a new permit may be taken out and the appropriate charges shall be made as if this were a new service. If the existing service does not meet the needs of new building, or the new owner is not willing to take responsibility for the existing service, it shall be abandon and a new service installed at the property owners expense. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly removing such pipe from the main. Also, the City thereof shall correct such improper disposition and the cost incurred shall be borne by the person causing or allowing such work to be performed.
Subd. 4. Service Pipes. No more than one house or building shall be supplied from one service connection unless approved in writing by the Buffalo Municipal Utilities Department. Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than eight feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Service pipes must extend from the public utility to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. In the event of an existing service pipe freezing, it is the responsibility of the owner to hire a contractor for thawing. Valves, the same size as the service pipe, shall be placed within 6 feet of, and within site of, where the service pipe enters the building, ahead of the meter as well as immediately after the meter and well protected from freezing. Joints on copper tubing shall be flared or compression-fitted, and kept to a minimum. No joints shall be used for a service up to one hundred feet in length, and then only one joint for each additional 1 DO-foot length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be one (1) inch in diameter.
Subd. 5. Private Wells. Existing potable water wells are allowed only if no water pipe of the City water system is connected with any pump, well, pipe, tank, or any device that is connected with any other source of water supply. When such are found, the City shall notify the owner or occupant to disconnect the same and, if not immediately done, the City water shall be turned off. Before any new connections to the City system are permitted, the City shall ascertain that no cross-connections will exist when the new connection is made. When a building is connected to “City Water” the private water supply may be used only for such purposes as the City may allow. A licensed well contractor must properly seal any existing private wells that are not being used, or are abandoned.
A. The City of Buffalo is required to comply with the State mandated wellhead protection program. The City must protect the aquifer from contamination from private as well as public sources within its jurisdiction. The City must also protect the public water system from contaminating cross-connections made from private wells. These connections are very hard to regulate. For that reason, the City of Buffalo prohibits the installation of private potable water wells where city water is provided within a reasonable distance. This does not include wells in existence at the time of this ordinance.
Source: Ordinance No.7, Series IV
Effective Date: 11-16-95
B. Exception. Large areas needing irrigation are exempt from the prohibition of private wells upon application and approval of the City Administrator. These areas would include golf courses, athletic fields, and large expanses of lawn under common ownership.
Source: Ordinance No.7, Series IV
Effective Date: 11-16-95
Subd. 6. Prohibited Uses or Restricted Hours. Whenever the City shall determine that a shortage of water threatens the City, it may entirely prohibit water use or limit the times and hours during which water may be used from the City water system for lawn and garden sprinkling, irrigation, car washing, air conditioning, and other uses, or either or any of them. It is unlawful for any water consumer to cause or permit water to be used in violation of such determination after public announcement thereof has been made through the news media specifically indicating the restrictions thereof.
Subd. 7. Private Fire Hose Connections. Owners of structures with self-contained fire protection systems may apply for and obtain permission to connect the street mains with hydrants, large pipes, and hose couplings, for use in case of fire only, at their own installation expense and at such rates as the Council may adopt by resolution as herein provided.
Subd. 8. Opening Hydrants. It is unlawful for any person, other than members of the Fire Department or other person duly authorized by the City, in pursuance of lawful purpose, to open any fire hydrant or attempt to draw water from the same or in any manner interfere therewith. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use.
Subd. 9. Unmetered Service. Unmetered water services on the City distribution system within the city are prohibited.
Subd. 10. Water Meters. All water meters shall be supplied by the city, installed at the expense of the property owner, and the city shall thereafter own such meter. The water meters must be readily accessible. All repairs of water meters not resulting from normal usage shall be the responsibility of the property owner. Any meter twenty years old is subject for replacement, which shall be purchased by the city at the property owners expense and shall be the maintenance responsibility of the City.
Subd. 11. Code Requirement. All piping, connections and appurtenances shall be installed and performed strictly in accordance with the Minnesota Plumbing Code. Failure to install or maintain the same in accordance therewith, or failure to have or permit required inspections shall, upon discovery by the City, be an additional ground for termination of water service to any consumer.
Subd. 12 Backflow Prevention. Approved devises or assemblies for the protection of the potable water supply must be installed at any plumbing fixture or equipment where backflow or back – siphonage may occur and where a minimum air gap cannot be provided between the water outlet to the fixture or equipment and its flood level rim.
(1) Any devise or assembly for the prevention of backflow or back – siphonage installed, shall have first been certified by a recognized testing laboratory and have a certification number clearly visible on the devise. AWWA, ASSE, and USC, are the certified labs recognized by the Administrative Authority. These devices must be readily accessible.
(2) The installation of reduced pressure backflow preventers shall be permitted only when a periodic testing and inspection program conducted by qualified, accredited personnel will be provided by an agency acceptable to the administrative authority. Inspection intervals shall not exceed one year, and overhaul intervals shall not exceed five years. The administrative authority may require more frequent testing if deemed necessary to assure protection of the potable water. Backflow preventers shall be inspected frequently after initial installation to assure that they have been properly installed and that debris resulting from piping installation has not interfered with the functioning of the assembly.
Subd. 13 Cross Connection Control. Cross connection between potable watersystems and other systems or equipment containing water or other substances of unknown or questionable safety are prohibited, except when and where, as approved by the administrative authority having jurisdiction, suitable protective devises such as air breaks, break tanks, RPZs, or equal, are installed, tested, and maintained to insure proper operation on a continuing basis.
All industrial and commercial customers must have their facilities inspected and audited by a qualified accredited person from an agency approved by the administrated authority. The inspection is to determine weather all applicable plumbing fixtures and/or processes that require backflow and cross connection control devices have the appropriate control devices installed and that they are installed properly and that all appropriate maintenance has been preformed to date. The audit will show a listing of all such devises, make and model, serial number, and ASSE, AWWA or USC number. The accredited person and/or agency shall submit a signed and certified report to the City Water Services Department, and facility that the person and/or agency is doing the work for. These records will be kept for a period of 7 years. A new inspection of the entire facility is required whenever a substantial modification to the existing facility is done. A new audit is required whenever control devices are replaced or added. The administrative authority may require more frequent inspections or audits if deemed necessary to assure protection of the potable water system.
Subd. 14 Additional Rules and Regulations. The Buffalo City Council may, by resolution, adopt such additional rules and regulations relating to placement, size and type of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office
of the Administrative Authority, and uniformly enforced.
Source: Ordinance 64, Series 5
Effective Date: 03/02/06
SEC. 3.40. RULES AND REGULATIONS RELATING TO SEWERAGE SERVICE.
Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:
1. “BOD” – The amount of dissolved oxygen consumed in five days by biological processes breaking down organic matter.
2. “Combined Sewer” – A sewer intended to serve as a sanitary sewer and a storm sewer, or as an industrial sewer and a storm sewer.
3. “Debt Service Charge” – The cost of debt service that is incurred by the City during construction of the wastewater plant. This includes interest and principal of capital costs to the City during plant and conveyance system construction of both grant eligible and non-grant eligible costs. It also includes cost of interim financing needed during plant construction.
4. “Industrial Waste” – The liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes.
5. “Normal Domestic Waste” – Liquid wastes (I) from the non-commercial preparation, cooking and handling of food or (ii) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.
6. “Operation and Maintenance Cost” – The cost of treating, conveyance, and collection of wastewater that will insure the efficient operation and maintenance of the facility.
7. “Pretreatment” – Application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the publicly owned wastewater treatment system.
8. “Replacement Cost” – The cost of replacing those items of a certain design life as determined by the City Engineer. This does not include regularly replaced parts such as nuts, bolts, etc.
9. “Sanitary Sewer” – A sewer intended to carry only sanitary or sanitary and industrial waste waters from residences, commercial buildings, industrial plants, and institutions.
10. “Sewer Service Charge” – The total cost of operation and maintenance, and replacement, plus cost of debt service as passed on to users by “Sewer Service Charge” .
11. “Public Sanitary Sewer” – Includes all City sewer mains, and intersecting sewers and structures by which domestic and industrial wastewater is collected, transported, treated and disposed of; provided that this shall not include plumbing inside or a part of a building or premises served, or service sewers from a building to the main.
12. ” Sewer Service “- Service means private service lines from the public utility to the bldg. or residence.
13. “SS (Suspended Solids)” – Solid particles, which do not precipitate out of solution or do not easily, filter out.
14. “Storm Sewer” – A sewer intended to carry only storm waters, surface runoff, street wash waters, and drainage.
15. “Toxic Substances” – Any substance, chemical elements or compounds, phenols or other taste- or odor-producing substances, or any other substances which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the treatment system, or that will pass through the system.
16. “User Charge” – Proportionate charges for the cost of operation and maintenance, replacement, conveyance, collection, and billing of wastewater to each User Class based on Class flow and waste characteristics.
17. “User Classes.” User designations according to flow rate and discharge characteristics. The classes include the following:
Class 1 – Residential – Single family and multiple family dwellings. Users in this class have a total flow rate of less than 25,000 gallons per day or less and discharge does not exceed 300 mg/liter of BOD and 300 mg/liter of SS.
Class 2 – Institutional- Institutional users are hospitals, clinics, general units of local government, and religious institutions. Users in this class have a total flow rate of less than 25,000 gallons per day or less and discharge does not exceed 300 mg/liter of BOD and 300 mg/liter of SS.
Class 3 – Commercial – Commercial users are retail, wholesale, service, restaurants, hotels, motels, and other business establishments not engaged in the manufacture of a finished product or components of a finished product. Users in this class have a total flow rate of less than 25,000 gallons per day or less and discharge does not exceed 300 mg/liter of BOD and 300 mg/liter of SS.
Class 4 – Industrial – Industrial users are anyone involved in the production of a finished or component product or the refining or mining of products or materials. Users in this class have a total flow rate of less than 25,000 gallons per day or less and discharge does not exceed 300 mg/liter of BOD and 300 mg/liter of SS.
Class 5 – Significant Industrial User – Significant industrial users are anyone involved in the production of a finished product or component product or the refining or mining of products or materials. Users in this class have a total flow rate of over 25,000 gallons per day or exceed 300 mg/liter of BOD or 300 mg/liter of SS.
Subd. 2.Metered Water Not Discharged. If a portion of the water to a customer is not directly or indirectly discharged into the sewer system, the quantity of such water shall be deducted in computing the sewer charge, provided a separate meter is installed and operated to register the quantity of water not discharged. The meter will be purchased through the City and installed at the owner’s expense.
Subd. 3. Unlawful Discharge. It is unlawful to discharge any of the following described wastes into the sewerage system:
A. Liquids having a temperature higher than 150 degrees Fahrenheit.
B. Water or waste, which contains more than 50 ppm, by weight, of fat oil or grease (FOG).
C. Gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas.
D. Garbage, except such as has been properly shredded.
E. Ashes, cinders, shavings, feathers, tar or other liquid or viscous substance capable of causing obstruction to the flow in sewerage system or other interference with the proper operation of the system.
F. Noxious or malodorous substances capable of creating a public nuisance.
Subd. 4. Sump Pumps; Rain Spouts, It is unlawful to discharge any roof water, ground water or any other natural precipitation into the sewer system, or to connect any new sump pumps or any other form of surface or sub-surface water drainage to the sewerage system.
Subd. 5. Unmetered Water Supply. The City of Buffalo does not allow an unmetered water supply like a private well, industrial discharge or any other of water where it’s subsequent flow directly or indirectly discharges into the sanitary sewer system. A meter shall be purchased through the utility and installed at the owner’s expense. If, because of the nature of the water source of the water supply the City deems it impractical to meter the water on any premises the Council may by resolution establish a flat charge per month in accordance with the estimated use of water on such premises.
Subd. 6. Sizes, Kind and Depth of Pipe. The City may prescribe the size, kind and depth of sewerage service pipe and connections, which will be identified in the Buffalo Standard Specification Manual. The minimum size, when placed underground shall be four inches in diameter.
Subd. 7. Annual Review of User Charge System. The User Charge System shall be reviewed annually to assure continued proportionality of revenue to costs. User charges shall be changed based on results of such review.
Subd. 8. Industrial Users. If an industrial user, pursuant to 40 CFR 35.905: September 27, 1978 Federal Register, begins discharging into the City’s sewer system an Industrial Cost Recovery System will be developed according to United States Environmental Protection Agency rules and standards.
Subd. 9. Right to Reject Harmful Discharges. The City shall have the right to reject harmful wastes as determined by the Administrative Authority to be harmful to humans or animals or create a toxic effect in the receiving waters of the wastewater disposal system.
Subd. 10. Right to Surcharge Wastes Containing BOD and SS That Exceed Normal Concentrations. The City shall have the right to attach a surcharge onto the sewer use charge of a user that discharge greater than 300 mg/liter BOD/day, 300 mg/liter of SS/day or .45 Lbs. Total Phosphorous/day The surcharge shall be based on the fOllowing formula:
Cu = VcVu+BcBu+ScSu+PcPu
Cu – A user’s charge for 0 & M per month.
Vc – 0 & M cost for transportation and treatment of a gallon of wastewater volume.
Vu – Volume contribution from a user per month.
Bc – 0 & M cost for treatment of a unit of biochemical oxygen demand (BOD).
Bu – Total BOD contributions from a user per month.
Sc – 0 & M cost for treatment of a unit of suspended solids.
Su – Total suspended solids contribution from a user per month.
Pc – O & M cost for treatment of a gallon of any pollutant.
Pu – Total contribution of any pollutant from all users per month.
When assessing the above surcharge, the following percentages of flow, SS, and BOD shall be used against the total OM & R cost.
Flow – 40% of total OM and R cost.
BOD – 30% of total OM and R cost.
SS – 30% of total OM and R cost.
Subd. 11. Right to Require Industrial Pretreatment. The City shall have the right to require Industrial Pretreatment when the Utility deems such pretreatment necessary to reduce the amount of pollutants, eliminate pollutants, or alternation of 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 wastewater disposal system.
Subd. 12. Right to Contract Service Agreements. The City shall have the right to contract service agreements with industries in other political jurisdictions or other political jurisdictions at the time such industry or political jurisdiction hooks up to the City sewer service.
Subd. 13. Prohibited Toxics.
A. The City shall have the right to forbid certain toxics from entering the sewage treatment system. The list of following toxics shall be prohibited from being discharged into the City wastewater treatment system unless the United States Environmental Protection Agency, the Minnesota Pollution Control Agency, and the Utility deems them compatible with the treatment works operation. If the pollutants are found not to be compatible, Subdivision 12 of this Section shall become effective.
1. Acidity, Alkalinity, pH.
3. Alkali and Alkaline Earth Metals.
5. Borate (and other boron species).
21. Chlorinated Hydrocarbons.
23. Carbon Tetrachloride.
24. Methylene Chloride.
26. Miscellaneous Chlorinated Hydrocarbons.
27. Agricultural Chemicals.
28. Organic Nitrogen Compounds.
30. Miscellaneous Organic Chemicals.
31. Oil and Grease.
B. This list does not preclude the addition of other substances, which the EPA may add from time to time.
Subd. 14. Control Manholes. The City shall have the right to require the installation of control manholes for the purpose of monitoring users that use in the manufacturing process the substances named in Subdivision 14 above. The City shall also have the right to require the installation of control manholes for the purpose of monitoring users that may be discharging substances not listed in said Subdivision that may be harmful to humans or animals, or create a toxic effect in the receiving water of the wastewater disposal system. The cost of such manholes shall be born by the industry or entity being monitored.
Source: City Code
Effective Date: 10-1-85
Subd. 15. Abandoned Services. Sewer services that are abandoned shall be terminated at the property line of the premises. PVC services shall be caped with rubber fernco or an appropriately sized PVC cap and glued. All other services shall be capped with an appropriately sized fernco or sealed with concrete.
Sudd. 16. Fats Oils and Greases (FOG)
Fats Oils and Greases (FOG) reduce the capacity of the municipal collection system over time by accumulating on the interior walls of the pipes. FOG increases the pollution load that must be treated at the publicly funded treatment facility. This increases the cost of treatment. The accumulation of FOG within the municipal piping system increases the chances of a sewer blockage and maintenance costs due to the need for extra cleaning and physical removal. Facilities meeting the criteria for this ordinance section are as follows: all facilities preparing, processing, or serving food and/or food products. Commercial food preparation establishments, restaurants, nursing homes, boarding houses, hospitals school cafeterias, butcher shops, ect. Industrial food preparation and/or processing establishments, slaughter hoses, potato chip and fast food preparation companies, frozen food manufacturers, ect.
Customer Responsibility. The customer is responsible for cleaning and maintaining the Grease Removal System located on their property and should maintain accurate records of the dates of cleaning and means of fat, oil and/or grease disposal, subject to inspection and review by the Water Services Department. Any removal and hauling of fat, oil and/or grease must be performed by a licensed waste disposal or rendering firm. All costs incidental to the building sewer installation, connection and registration shall be borne by the customer. If the utility department has determined that the collection system that conveys the customers wastewater from his/her service line(s) has experienced an excessive amount of required maintenance as a direct result of not maintaining their FOG removal devices, we will directly bill the customer for any continued violation and excessive maintenance for time and materials at the current rates as established by the Administrative Authority.
GREASE REMOVAL SYSTEMS. Where Required. Grease Removal Systems shall be installed where the discharge of Grease Laden Waste, from food preparation or food processing or other commercial establishment, into the Sanitary Sewer will cause an impediment or obstruction of the Sanitary Sewer Mains. An approved Grease Removal System shall be installed consisting of one or a combination of the following methods.
a) Passive Technology including:
1. An approved in-ground Grease Trap
2. An approved Grease Interceptor
b) Active Technology including:
1. An approved Grease Recovery Device
2. An approved Solids Transfer/Grease Recovery Device.
Prohibited Discharge. Waste that does not contain fat, grease, or oils and otherwise does not require treatment shall not discharge into the Grease Removal System. Wastewater from commercial dishwasher machines or wastewater that otherwise exceeds 1500F shall not be introduced into any Grease Removal System.
Food-waste grinders. Food-waste grinders shall not discharge into the building drainage system through a Grease Interceptor, Grease Trap, or Grease Recovery Device.
Passive System Requirements.
Grease traps. The Plumbing/Building Inspector shall approve the size, type, and location of each grease trap. Grease Interceptors shall be sized based upon the anticipated load and/or conditions of actual use, by an engineer or the manufacturer. Grease Traps of pre-cast or poured in place concrete shall be constructed of sound durable material, not subject to excessive corrosion or decay, and shall be water and gas tight.
Grease interceptors. Grease Interceptors shall be sized based upon the anticipated load and/or conditions of actual use, by an engineer or the manufacturer. Grease Interceptors shall receive Grease Laden Waste discharge from the Major Point Sources. A floor drain shall not be considered a Major Point Source.
Rate of flow controls. Grease Interceptors shall be equipped to control the rate of flow.
Active System Requirements.
Grease Recovery Devices. Grease Recovery Devices shall be permitted in lieu of Grease Interceptors or Grease Traps in accordance with the following requirements.
Location. Grease Recovery Devices shall receive all grease-laden waste discharge from the major point sources. A floor drain shall not be considered a major point source.
Sizing. Grease Recovery Devices shall be sized based upon the anticipated load and/or conditions of actual use, by an engineer or the manufacturer.
Capacity. Grease Recovery Devices shall have a minimum retention capacity indicated in the following table for the flow-rates indicated.
|Flow Rate (GPM)||4||7||10||15||20||25||30||35||50||75|
|Retention Capacity (Pounds)||8||14||20||30||40||50||60||70||100||150|
HIGH RISK FACILITIES
General. High risk facilities or facilities that have had previous field or surface effluent violations of more than 50mg/l FOG shall incorporate a grease recovery device in combination with and preceding the grease trap.
Alternative Technology/Methods. Engineered alternative technology or methods shall be permitted, provided the technology or method meets the minimum performance standards set forth by the Administrative Authority and these Codes.
Source: Ordinance 64, Series 5
Effective Date: 03-02-06
Sec. 3.41. Rules and Regulations relating to Private Services, Private Water Supply Systems and Wastewater Collection Systems in Public Right of Way and Utility Easements.
Subd. 1 Private Sewer Service Lines If a public sewer is accessible in a street or alley to a building or premises and the connection is feasible, liquid waste from any plumbing fixture in that building must be discharged into the public sewer unless otherwise prohibited by state or local code. When assessments are paid the City will supply a sewer service line to the property according to current Federal, State, and local regulations. The service line shall be sized according to what may be allowed under the current zoning requirements for the lot or parcel. If there are extra-ordinary costs involved with supplying this service beyond what is allowed in the assessments or the owner wants a larger service, the costs shall be the responsibility of the owner. It shall be the responsibility of the owner to extend the service line from the property line into the building or premises, after which the owner shall assume ownership and be responsible for all maintenance of the service line from the main to the building or premises. When replacing and/or upgrading an existing service line, and working in public road right-of-way, hired contractors by owners are required to obtain a street opening permit. Included in the replacement of any private service, is the owner’s responsibility and expense to reinstall any public road right-of-way (boulevard, sidewalk, curb, gutter, and street) to City specifications.
If a public water supply system is accessible, and the connection is feasible, a service line must be installed to service the building or premises. When assessments are paid the City will supply a water service line with curb stop according to current Federal, State, and Local regulations. The service line shall be sized according to what may be allowed under the current zoning requirements for the lot or parcel. If there are extra-ordinary costs involved with supplying this service beyond what is allowed in the assessments or the owner wants a larger service, the costs shall be the responsibility of the owner. It shall be the responsibility of the owner to extend the service line into the building or premises, after which the owner shall assume ownership of the service line to the curbbox/gatevalve, with the exception of the water meter. When replacing and/or upgrading an existing service line, and working in public road right-of-way, hired contractors by owners are required to obtain a street opening permit. Included in the replacement of any private service, is the owner’s responsibility and expense to reinstall any public road right-of-way (boulevard, sidewalk, curb, gutter, and street) to City specifications. Upon inspection and approval by the Utility the City will assume ownership and maintenance of the new service line from the Main up to and including the curbstop/gatevalve.
Subd. 2. Private Water Mains and Sewer Laterals in Private Property
After plan review by the City engineer, private water mains may be hooked up to the public systems. All systems must conform to all AWWA and Ten State Standards. All such systems will be the responsibility of the owner(s) to maintain and repair.
Subd. 3. Private Water Mains and Sewer Laterals in Public Right-of-Ways
The owner(s) of any private water and sewer systems that extend into public right-of-way shall be responsible for any damage and or restoration of public right-of-way needed due to any material failure or routine maintenance of the system.
Subd. 4. Public Water Mains and Sewer laterals in Private Property When public water mains and sewer mains are extended through private property. The City shall establish an easement for the ability to operate and maintain the system. All easements shall remain clear of any fences, buildings, gardens, trees shrubs and extensive landscaping, to facilitate the egress of City equipment into the easement for maintenance of the systems. The City will not be liable to repair or replace any such items removed to complete repairs on the system. Likewise, any roadway restoration may be completed by the City and billed to the owner(s) or association. Upon completion of the repair the excavation will be filled with class 5-binder material to grade if the owner(s) or association would not like to have the City repair the roadway.
Subd. 5. System Flushing and Hydrant Maintenance of Private Mains
In the interest of public safety, private fire hydrants must receive periodic maintenance to insure reliability and private water mains must be flushed at least on an annual basis to insure the health of the entire system that they are connected to. The city water department will accomplish these tasks and bill the owner(s) or association according to the billable rates for personnel and equipment set by the City council. The city will not be liable to repair or replace any part of the private system that may suffer damage or failure during these maintenance activities. The owner(s) or association may hire their own personnel and/or company, as approved by the water services department, to do this maintenance as long as they work with the full knowledge of department personnel and certify that the proper maintenance has been done.
Subd. 6. Water Services to Commercial and Residential Buildings with multiple
As with any other service, a single service line sized for the building usage and a meter will be installed into the building. If the owner(s) elect to service their multiple tenants with more than one building meter, the meters shall be located together in a common space readily accessible for meter maintenance, and with separate service lines plumbed to the respective tenants. Each separate meter and service line shall have a lockable full flow valve that can be locked with a water department padlock for service and non-payment of bills without having to shut off the whole building. If this common space does not include the electric meter, each water meter will have a remote water meter installed at the location of the electric meter with a 18- 20 gauge solid copper, three or four strand (bell type) wire connecting the meter with the remote. Each remote meter shall be labeled and identified as to which remote is for which apartment, unit, or business.
Subd. 7. Maintenance of private Water and/or Sewer Systems
The Utility customer and or customers are liable for any direct or indirect damage to the public utility and its other customers that may be caused by the maintenance activities of a private sewer or water system, to include but not limited to, maintenance of sewer and water main laterals, services, sprinkler systems, etc.
Source: Ordinance 64, Series 5
Effective Date: 03-02-06
SEC. 3.50. RULES AND REGULATIONS RELATING TO ELECTRIC SERVICE.
Subd. 1. Code Requirement. All wiring, connections and appurtenances shall be installed and performed strictly in accordance with the National Electrical Code. Failure to install or maintain the same in accordance therewith, or failure to have or permit required inspections shall, upon discovery by the City, be an additional ground for termination of electrical service to any consumer.
Subd. 2. Services. New or changed service installations shall be made at the expense of the consumer, placed underground where designated by the City, and the meter location shall also be designated by the City. Overhead service installations may be permitted by the City (1) temporarily during new construction; (2) temporarily during an emergency to prevent danger to persons or property; (3) for a period of not more than seven months when soil conditions make excavation for underground service impractical, or (3) where to require underground service, the consumer has shown that such requirement is unduly burdensome.
Subd. 3. Electrical Installations. All electrical installations shall comply with the following, where applicable:
A. Motors of 20 HP or more must have line compensators on same. Provided, however, that the City may, at its option, make an exception if the total connected motor load required is smaller than the consumer connected load, and the motor starting current is less than the current corresponding to the consumer’s total connected load.
B. Any establishment having a total motor load of 125 HP or more is required to have 440 volts for its motor load.
C. All motor installations of less than 5 HP shall be supplied with 240 volt single phase energy except: (1) motors of 1/2 HP or smaller may be 120 volt; or (2) three phase motors of 3 HP or more may be served from existing secondary power circuits where only service wires and meters are required.
D. The City shall make an installation charge for extraordinary expenses required by a consumer.
Subd. 4. Replacing or Converting to Underground.
A. Converting to Underground. The City may, at its option and at its expense, convert any present service where no change is otherwise required by the consumer, from overhead to underground. Where this is done, the City shall only cover and refill the trench and other ditching maintenance or repair, and all subsequent changing and repairing of the service shall be the obligation of the consumer.
B. Replacing. Nothing herein shall prevent the City from replacing an overhead service with the same type.
C. Meters and Placement Service. Placement of services and meters shall be determined by the City.
Subd. 5. Additional Rules and Regulations. The Council may, by resolution, adopt such additional rules and regulations relating to placement, size and type of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the Administrator, and uniformly enforced.
Source: City Code
Effective Date: 10-1-85
SEC. 3.60. RULES AND REGULATIONS RELATING TO STORM WATER DRAINAGE.
Subd. 1. Storm Water Drainage Utility Established. The municipal storm water system shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075, from which revenues will be derived subject to the provisions of this Section and Minnesota Statutes. The storm water drainage utility will be part of the Public Works Department and under the administration of the Public Works Director.
Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated:
A. “Residential Equivalent Factor (REF)” means the ratio of the average volume of run-off generated by one acre of a given land use to the average volume generated by one acre of typical single family residential land, during a standard two-year rainfall event.
Subd. 3. Storm Water Drainage Fees.
A. Storm water drainage fees for parcels of land shall be determined by multiplying the REF for a parcel’s land use by the parcel’s acreage and then multiplying the resulting product by the storm water drainage rate. The REF values for various land uses are as follows:
Classification Land Uses REF Number
1.A. Residential, Less than 1.00
1.B. Residential, 36-60% 2.00
1.C. Residential, 61-100% 4.00
2.A. Commercial, Industrial and 1.25
Institutional, Less than
2.B. Commercial, Industrial and 2.50
Institutional, 36-60% Impervious
2.C. Commercial, Industrial and 5.00
Institutional, 61-100% Impervious
3. Cemeteries and Golf Courses .25
B. For the purposes of calculating storm water drainage fees, all developed one-family and two-family parcels shall be considered to have an acreage of one-third (1/3) acre and an REF value of 1.00.
Subd. 4. Credits. The Council shall adopt policies recommended by the Public Works Director, by resolution, for adjustment of the storm water drainage fee for parcels based upon hydraulic data to be supplied by property owners, which demonstrates a hydraulic response substantially different from the standards. Such adjustments of storm water drainage fees shall not be made retroactively.
Subd. 5. Central Business District Fees. The Council shall adopt policies recommended by the Public Works Director, by resolution, for the adjustment of the storm water drainage fee for parcels within the Central Business District. Said adjustment shall be to equalize the storm water drainage areas, since the Central Business District has a major portion of its parking provided by the City.
Subd. 6. Exemptions. The following land uses are exempt from storm water drainage fees:
A. Public rights-of-way.
B. Public parks.
C. Agricultural land.
Subd. 7. Recalculation of Fee. If a property owner or person responsible for paying the storm water drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the Public Works Director. All requests must be received within 60 days of mailing of the invoice in question by the City. The property owner may appeal the decision of the Public Works Director to the Council, by filing notice of said appeal as provided in City Code, Section 2.06.
Source: Ordinance No. 7, Second Series
Effective Date: 9-19-86
SEC. 3.61. ILLICIT DISCHARGE.
Subdivision 1. Statutory authorization
This division is adopted pursuant to M.S. §§ 462.351 and 462.364 that grants municipalities the necessary powers and a uniform procedure for municipal planning.
Subdivision 2. Findings
The City hereby finds that illicit discharge adversely affects the public health, safety, and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the City to provide adequate water, sewage, flood control, and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in such areas and in areas that may be affected by unplanned land usage.
Subdivision 3. Purpose
The purpose of this division is to promote, preserve, and enhance the natural resources within the City and protect them from adverse effects occasioned by illicit discharge directly or indirectly to the City stormwater system and to natural waterbodies located in and downstream of the City.
Subdivision 4. Definitions
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Civil penalty means civil penalties as set forth in the Enforcement Response Procedures.
CFR means the Code of Federal Regulations.
City means the City of Buffalo, Minnesota.
Contaminated means containing a harmful quantity of any substance.
Contamination means the presence of or entry of any substance which may be deleterious to the public health and/or the quality of the water into the public storm water system, Waters of the State, or Waters of the United States.
Cosmetic Cleaning means cleaning done for cosmetic purposes to the exterior of buildings, motorized vehicles, parking lots, recreational vehicles or similar activity. It does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws.
ERP refers to the Enforcement Response Procedure Document hereby referenced as part of this Illicit Discharge Ordinance
Harmful Quantity means the amount of any substance that will cause pollution of waters of the City, State or Nation that will cause lethal or sub-lethal adverse effects on the representative, sensitive aquatic monitoring organisms residing in waters.
Mobile Commercial Cosmetic Cleaning means power washing, steam cleaning and any other mobile cosmetic cleaning operation of vehicles and/or exterior surfaces engaged for commercial purposes.
Municipal Separate Storm Sewer System (MS4) means the system of conveyances, including sidewalks, municipal streets, driveways, curb & gutter, ditches, channels, retention basins, catch basins or similar storm water inlets, and/or any other conveyance delivering water to the public storm sewer collection and delivery system.
MS4 Permit means the Minnesota Pollution Control Agency (MPCA) permit issued to the City of Buffalo for monitoring and maintaining water quality in its MS4. The Environmental Protection Agency has promulgated the National Pollution Discharge Elimination System, Phase II storm water rules. The MPCA has delegated the responsibility to administer the National Pollution Discharge Elimination System, Phase II storm water permit system to MS4 communities.
National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal Clean Water Act.
NOI means Notice of Intent.
Notice of Intent means a written notice to the Minnesota Pollution Control Agency that the City plans on meeting the MS4 permit requirements.
NPDES means the National Pollutant Discharge Elimination System.
Point Source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.
Pollutant means dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; filter backwash; munitions; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, recreational, and agricultural waste discharged into water or into the municipal separate storm sewer system.
Pollution means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any Waters of the State or the MS4, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into groundwater, subsurface soils, surface soils, the municipal separate storm sewer system (MS4) or the Waters of the State.
Storm Water or Stormwater means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt.
Storm Water Pollution Prevention Plan means a plan required by a permit to discharge storm water associated with industrial activity, including construction, and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility.
SWPPP means storm water pollution prevention plan.
Waters of the State means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
Subdivision 5. Administration.
The Buffalo City Administrator and City Administrator’s authorized representatives are authorized to administer, implement, and enforce the provisions of this Ordinance.
Subdivision 6. Discharge to MS4 Prohibited.
- A person commits a violation if the person introduces or causes to be introduced into the Buffalo MS4 any discharge that is not composed entirely of storm water.
- The following are considered exempt discharge activities from enforcement action for a violation of this section :
- (1) A discharge authorized by, and in full compliance with a site specific NPDES permit such as a storm water management plan permit for construction activities;
- (2) A discharge or flow resulting from fire fighting by the Fire Department;
- (3) Agricultural storm water runoff;
- (4) A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine or any other chemical used in line disinfection;
- (5) A discharge or flow from lawn watering, or landscape irrigation;
- (6) A discharge or flow from a diverted stream flow or natural spring;
- (7) A discharge or flow from uncontaminated pumped groundwater or rising groundwater;
- (8) Uncontaminated groundwater infiltration;
- (9) Uncontaminated discharge or flow from a foundation drain, sump pump, or footing drain;
- (10) A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;
- (11) A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant;
- (12) A discharge or flow from individual residential car washing;
- (13) A discharge or flow from a riparian habitat or wetland;
- (14) A discharge or flow from cold water (or hot water with prior permission of the City Engineer) used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; or
- (15) Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filter backwash is prohibited.
- No exemption shall be allowed under Subdivision 2 if:
- (1) The discharge or flow in question has been determined by the City to be a source of a pollutant or pollutants to the waters of the State or to the MS4;
- (2) Written notice of such determination has been provided to the discharger; and
- (3) The discharge has continued after the expiration of the time given in the notice to cease the discharge.
- (4) A person commits a violation if the person introduces or causes to be introduced into the MS4 any harmful quantity of any substance.
- Connection of Sanitary Sewer Prohibited.
A person commits an offense if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
- (1) An actual or threatened discharge to the MS4 that violates or would violate this Article is hereby declared to be a nuisance.
- (2) A line conveying sewage or designed to convey sewage that is connected to the MS4 is hereby declared to be a nuisance.
Subdivision 7. Enforcement Response Procedures (ERP)
- The City has an ERP Document that includes increasing penalties for Illicit Discharges of Pollutants. This document includes Written Notices, Citations, Cease and Desist Orders as well as revocation of permits.
- (1) The ERP Document is hereby referenced as part of this Illicit Discharge Ordinance.
- (2) The following subdivisions B and C are Additional ERPs that may be applied where unlawful illicit discharges are associated with fully operational operations properties that do not have construction related permits and where cease and desist orders would create a disproportionate penalty.
- Emergency Suspension of Utility Service and MS4 Access.
- (1) Providing there are State regulations restricting the interruption of service, the City may, without prior notice, suspend water service, sanitary sewer service, and/or MS4 discharge access to a person discharging to the MS4, Waters of the State, or Waste Water Treatment Plant when such suspension is necessary to stop an actual or threatened discharge which:
- (2) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
- (3) Presents or may present imminent and substantial danger to the MS4 or Waters of the State.
- (4) When the Buffalo City Administrator or City Engineer determines that City-provided water and/or sanitary sewer service needs to be suspended pursuant to Subdivision 7.B, the City Administrator or City Engineer is empowered to order such suspension.
- (5) As soon as is practicable after the suspension of service or MS4 discharge access, the City Administrator or City Engineer shall notify the violator of the suspension in person or by certified mail, return receipt requested, and shall order the violator to cease the discharge immediately. When time permits, the City Administrator or City Engineer should also attempt to notify the violator prior to suspending service or access.
- (6) If the violator fails to comply with an order issued under Sections 6 and 7 the City Administrator or City Engineer may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the State, or to minimize danger to persons.
- (7) The City shall not reinstate suspended services or MS4 access to the violator until:
- The violator presents proof, satisfactory to the City Engineer, that the noncomplying discharge has been eliminated and its cause determined and corrected;
- The violator pays the City for all costs the City incurred in responding to abating, and remediating the discharge or threatened discharge; and
- The violator pays the City for all costs the City will incur in reinstating service or access.
- A violator whose service or access has been suspended or disconnected may appeal such enforcement action to the City Administrator, in writing, within ten days of notice of the suspension.
- The City may obtain a lien against the property to recover its response costs.
- The remedies provided by this Section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
- Non-emergency Suspension of Utility Service and MS4 Access.
- (1) The City may terminate the City-provided water supply, sanitary sewer connection, and/or MS4 access any person discharging to the MS4 in violation of this ordinance, if such termination would abate or reduce the illicit discharge.
- (2) The City Administrator or City Engineer will notify a violator of the proposed termination of its water supply, sanitary sewer connection, and/or MS4 access. The violator may petition the City Administrator for a reconsideration and hearing before the City Council.
- (3) The City shall not reinstate suspended services or MS4 access to the discharger until:
- The violator presents proof, satisfactory to the City Engineer, that the noncomplying discharge has been eliminated and its cause determined and corrected; and
- The violator pays the City for all costs the City will incur in reinstating service or MS4 access.
- The remedies provided by this Section are in addition to any other remedies set out in this ordinance. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
- A person commits a violation if the person reinstates water service, sanitary sewer service, and or MS4 access to premises terminated pursuant to this ordinance, without the prior approval of the City Engineer.
Source: Ordinance No. 12, Series VI
Effective Date: 01-02-2018
SEC. 3.70. CITY UNIT CONNECTION CHARGES.
Subd. l. Before connecting to the City water or sewer system, City sewer and water connection charges based on the number of “units” charge shall be paid. If, after the initial connection charges are paid, additional building permits or new sewer and water connections are made, the charges shall be recalculated and any additional charges shall be paid. The City connection charge per unit shall be established by Council resolution.
Subd. 2. The number of units shall be computed as follows:
A. Single family houses, mobile homes, townhouses, condominiums, duplex units, and apartments shall each comprise one unit.
- Source: Ordinance No. 12, Series V
- Effective Date: 06-18-98
B. Repealed 06-18-98; Ordinance 12, Series V
C. Mobile homes shall each comprise one hundred percent (100%) of a unit.
- Source: Ordinance No. 12, Series V
- Effective Date: 06-18-98
D. Other buildings and structures shall be assigned one unit for each fifteen thousand (15,000) gallons per quarter of water usage and sewage flow which it is estimated they will discharge, and commercial and industrial building units shall be assigned a minimum of one unit.
- E. Public housing units and housing units subsidized under any Federal program for low and moderate income housing may be counted as eighty-five percent (85%) of the unit equivalent for that type of housing.
- Source: Ordinance No. 12, Series V
- Effective Date: 06-18-98
Subd. 3. The City connection charges shall be paid to the City before a building permit is issued unless other arrangements for the payment of the City unit are made and approved by the City. The Council may approve the assessment of City connection charges on new or enlarged multiple residential, commercial or industrial buildings when the number of residential equivalent units is ten (10) or more. The Council may assess the City connection charge on any dwelling or building when the installation of the City utility system is made after the construction of the dwelling or building. The rate of interest shall be set by the Council.
Subd. 4. If the user fails to pay the above charges when due, there shall be added to the charge an amount for interest at six percent (6%) per annum plus one half of one percent (0.5%) per month delinquency service charge for administrative expenses.
Subd. 5. City connection charges shall be deposited in the Utility Trunk Fund.
Source: Ordinance No. 22, Series III
Effective Date: 5-25-90
SEC. 3.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
Source: City Code
Effective Date: 10-1-85