HomeMy WebLinkAboutOrdinance - 24-2008 - Adding City Code Section 3.51 - 12/11/2008 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 24-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 3 BY ADDING SECTION 3.51 REGARDING RULES AND
REGULATIONS RELATING TO DISCHARGES FROM SUMP PUMPS AND OTHER
SOURCES INTO THE SEWERAGE SYSTEM AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH AMONG OTHER THINGS
CONTAIN PENALTY PROVISIONS.
The City Council of the City of Eden Prairie, Minnesota, ordains:
Section 1. City Code Chapter 3 is amended by adding Section 3.51 which shall read as follows:
SECTION 3.51 RULES AND REGULATIONS RELATING TO DISCHARGES FROM
SUMP PUMPS AND OTHER SOURCES INTO THE SEWERAGE SYSTEM.
Subd. 1. Purpose. The Council finds that the discharge of water from roofs, down spouts, eave
troughs, rain spouts, yard drains, surfaces, groundwater, sump pumps, footing tiles or swimming
pools, foundation drains, yard fountains, ponds, cistern overflow, air conditioning units or
systems, areaway drains, industrial processes, and other means of transmitting natural
precipitation and surface waters, collectively referred to as excess infiltration and inflow (I & I),
into the sewerage system as defined by Section 3.50, Subd. I (B), will and has in the past
overloaded the sewerage system. The Owner of the interceptor sewer system and the waste water
treatment facilities---Metropolitan Council Environmental Services (MCES)—has mandated that
cities remove excess I & I from the system or be subject to certain fines, penalties and surcharges
as imposed by MCES. Further, MCES has determined that failure to remove excess I & I could
lead to a moratorium on new connections to the sewerage system required for development
and/or redevelopment. The Council, therefore, finds it essential for orderly growth in the
community, fiscal responsibility, compliance with the mandated requirements of MCES and City
Code requirements that the provisions of this Section be strictly enforced..
Subd. 2. Prohibition against discharges into sewerage system. No water from any roof,
down spout, eave trough, rain spout, yard drain, surface, groundwater, sump pump, footing tile
or swimming pool, foundation drain, yard fountain, pond, cistern overflow, air conditioning unit
or system, areaway drain, industrial process, or other natural precipitation shall be discharged
into the sewerage system. Dwellings and other buildings and structures which require, because
of infiltration of water into basements, crawl spaces and the like, a sump pump discharge system
shall have a permanently installed discharge line which shall not at any time discharge water into
the sewerage system, except as provided herein. A "permanently installed discharge line" shall
be one which provides for year-around discharge capacity to either an appropriate drainage area
on the outside of the dwelling, building or structure (in no event shall such a drainage area
include property owned by others or any public right-of-way), or is connected to the City storm
sewer. The permanently installed discharge line shall consist of a rigid discharge line, without
valving or quick connections for altering the path of discharge. It shall not be capable of
connection or reconnection to the sewerage system.
Subd. 3. Disconnection. Any person having a roof surface, down spout, eave trough, rain
spout, yard drain, surface, groundwater, sump pump, footing tile or swimming pool, foundation
drain, yard fountain, pond, cistern overflow, air conditioning unit or system, areaway drain,
industrial process now connected and/or discharging into the sewerage system shall immediately
disconnect and/or remove same. Any disconnects or openings in the sewerage system shall be
closed in an effective, workmanlike manner, as approved by the Director of Public Works. If a
city drain tile or storm sewer system is available to the property, connection of said discharges to
these systems shall be mandatory.
Subd. 4. Compliance and Inspection. Every person owning improved real estate that
discharges into the City's sewerage sewer system shall comply with the requirements of this
Section within thirty (30) days of the Effective Date. Within thirty (34) days after notice from
the City, the property owner shall contact the City Utility Division to schedule an inspection, at
no cost to the property owner, of each building and the utility service lines located on such
property by an inspector designated by the City. The purpose of this inspection shall be to
confirm that there is no sump pump or other prohibited discharge into the sewerage system. In
lieu of having the City inspect such property, the property owner may, at the property owner's
expense, furnish a certificate from a licensed plumber, in a form acceptable to the City,certifying
that the property is in compliance with this Section.
Subd. 5. Additional Inspections. The City may require any building be re-inspected on a
yearly basis in conjunction with water meter or other inspections and/or service calls.
Subd. G. New home inspections. All new homes will be required to have their sump pump
system inspected and be in compliance with this Section prior to issuance of a certificate of
occupancy.
Subd. 7. Waivers. The Director of Public Works shall have the power and duty of hearing and
deciding requests for waivers from the applicability of the provisions of this Section where strict
enforcement would cause undue hardship because of circumstances unique to the individual
property under consideration or cause a safety problem. This may also include cases where it
would not be practical or feasible to correct an otherwise prohibited discharge in the City's
sewerage system.
Application for waivers pursuant to this Section shall be addressed in writing to the Director of
Public Works. The applications shall at a minimum identify the subject property, the name of
the property owner/applicant, and describe in detail what characteristics of the subject property
create an undue hardship. Within a reasonable time the Director of Public Works shall make a
decision on the matter and send a copy of such decision to the applicant by regular mail. Upon
approval of an application for a waiver, a property owner shall be allowed to discharge directly
into the sewerage system for a limited time specified in the written decision and in accordance
with other terms and conditions specified. The applicant will be required to pay an additional fee
for the additional sewer service, along with the regular monthly charge. Fees for this service will
be based on estimated yearly average amounts discharged to the sewerage system.
Surd. 8. Surcharge. A surcharge of$100.00 per month is added to every sewer bill mailed to
property owners who (a) are found discharging I & I into the sewerage system; (b) have not
obtained an inspection required by this Section within 30 days after notice by the City; (c) have
not made necessary corrections within the time specified; or(d) are not otherwise in compliance
with this Section. The surcharge shall be added every month thereafter for properties not
complying with this Section until the property owner submits proof to the Director of Public
Works that the property is brought into full compliance. The full amount of the surcharge shall
apply regardless of whether the non-compliance has been for the entire month or a portion of it.
All properties found during any yearly re-inspection to have violated this Section will be subject
to a $200.00 surcharge for all months between the two most recent inspections. If the surcharge
is not paid, the City reserves the right to assess the property owner the unpaid balance pursuant
to Minnesota Statute Section 429.101, as amended.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code including Penalty for Violation" and Section 3.99 entitled
"Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their
entirety by reference as though repeated verbatim herein.
Effective Date: This ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21 st
day of October, 2008, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 1st day of December, 20nd.
Kat een Porta, City Clerk Phil Young, Ir
r
PUBLISHED in the Eden Prairie News on the day of b9ft P&LA,.2008.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. 24-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 3 BY ADDING SECTION 3.51 REGARDING RULES
AND REGULATIONS RELATING TO DISCHARGES FROM SUMP PUMPS AND
OTHER SOURCES INTO THE SEWARAGE SYSTEM AND ADOPING BY
REFERENCE CITY CODE CHAPTER I AND SECTION 3.99 WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
The following is only a summary of Ordinance No. 24-2008. The full text is available for
public inspection by any person during regular business hours at the office of the City
Clerk:
The ordinance amends Chapter 3 of the City Code by adding Section 3.51 which prohibits
the discharge of water from roofs, down spouts, cave troughs, rain spouts, yard drains,
surfaces, groundwater, sump pumps, footing tiles or swimming pools, foundation drains,
yard fountains, ponds, cistern overflow, air conditioning units or systems, areaway drains,
industrial processes, and other means of transmitting natural precipitation and surface and
subsurface waters into the City sanitary sewerage system. Compliance with the ordinance
is required within thirty (30) days of its effective date. The City will verify compliance
with the ordinance through inspections by the City, or the property owner may contract a
licensed plumber to inspect and certify to the City the resident's property is in compliance.
The ordinance requirements may be waived where compliance would cause undue
hardship or a safety problem. The ordinance further allows the City to apply a$100.00 per
month surcharge to those properties that do not comply with the ordinance requirements.
The ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 3.99
which contain definitions and provisions relating to penalties.
Effective Date: This ordinance shall become effective from and after its passage and
publication.
ATTEST:
10,
K hleen Porta, City Clerk P ' Dung, May
PUBLISHED in the Eden Prairie News on the Imay of �ee►)L1d1L--, 2008.
CITY HENNEPINCOUN Y, Affidavit of Publication
HENNEPIN COUNTY,
MINNESOTA SUMMARY OF ORDINANCE NO.
24-22U08 Southwest Newspapers
ANORDINANCE OFTHECITY
OF EDEN PRAIRIE,MINNESOTA
AMENDING CITY CODE State of Minnesota
CHAPPER3 BYADDING SECI`ION
3.51 REGARDING RULES AND )SS.
REGULATION RELATING TO
DISCHARGES S FROM SUMP County of Hennepin 3
PUMPS AND OTHER,SOURCES
INTO THE SEWARAGE SYSTEM
AND ADOPING BY REFERENCE
CITY CODE CHAPTER 1 AND Mark Weber,being g
SECTION 3.99 WHICH AMONG g duly sworn,on oath says that he is the authorized agent of the publisher of
OTHER THINGS CONTAIN the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
PENALTY PROVISIONS. as follows:
The following is only a
summary of Ordinance No.24.20fi8. (A)This newspaper has complied with the requirements constituting qualification as a legal
The full text is available for public newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other ]icable laws as
inspection by any person during amended. '
regular business hours at the office
of the City Clerk.-Theordinance amends Chapter (B)The printed public notice that is attached to this Affidavit and identified as No.37-7 V
3 of the City Code by adding Section was published on the date or dates and in the newspaper stated in the attached Notice and said
3.51 which prohibits the discharge Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
of water from roofs,down spouts, the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
cave troughs, rain spouts, yard inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
drains, surfaces, groundwater, and publication of the Notice:
sump pumps, footing tiles or
swimmingpools,foundationdrains, abcdefgh klmno
yard fountains, ponds, cistern pgrstuvwxyz
overflow,air conditioning units or
systems,areaway drains,industrial
processes, and other means of
transmitting natural precipitation By
and surface and subsurface waters Mark Weber
into the City sanitary sewerage
system. Compliance with the
ordinance_ is required within thirty Subscribed and sworn before me on
(30)days of its effective date. The
City willverifycompliancewith the
ordinnance through inspections by
theCity,or theproperty owner may
contract a licensed plumber to this day of-DI_4t, 200$
inspect and certify to the City the
resident's property is in compliance.
The ordinance requirements may JYMME J.BARK
be waived where compliance would NOTARY PUBLIC-MINNESDTA
cause undue hardship or a safety
problem. The ordinance further My Commission expires 01;31i2013
allows the City to apply a$10D.00per No lic
month surcharge to those properties
that do not comply with the
ordinance requirements. The
ordinance incorporates, by
reference,City Code Chapter 1 and
City Code Section 3.99 which
contain definitions and provisions RATE INFORMATION
relating to penalties.
Effective Date: This ordinance Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch
shall become effective from and Maximum rate allowed by law for the above matter........................ $40.00 per column inch
after its passage and publication.
Phil Young,Mayor Rate actually charged for the above matter...............................................$12.19 per column inch
Attest: Kathleen Porta,City Clerk
(Published in the Eden Prairie News
on Thursday, December 11, 20W;
No.3724)