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HomeMy WebLinkAbout705 Water and Sanitary Sewer System SECTION 705 WATER AND SANITARY SEWER SYSTEM SUBSECTIONS: 705.100 GENERAL 705.200 CONNECTION TO CITY UTILITY FACILITIES 705.300 PERMITS 705.400 RESPONSIBILITY AND MAINTENANCE 705.500 WATER METERS 705.600 BULK WATER AND BULK WATER METERS 705.700 WATER USE RESTRICTIONS 705.800 FAILURE OF FACILITIES AND DISCONTINUANCE 705.900 DRAINING OF POOLS 705.1000 WASTES PROHIBITED 705.1100 TAMPERING PROHIBITED 705.1200 RIGHT OF ENTRY 705.1300 CONTRACT 705.1400 PENALTY 705.100 GENERAL 705.101 Purpose. The purpose of this Section is to establish regulations for the construction, management, operation and maintenance of water and sanitary sewer facilities inside and outside the corporate limits of the City. 705.102 Authority. In accordance with Minnesota Statutes 444.075, as may be ame nded from time to time, the City may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain facilities, and maintain and operate the facilities inside or outside its corporate limits, and acquire by gift, purchase, lease, condemnation, or otherwise any and all land and easements required for that purpose. The authority hereby granted is in addition to all other powers with reference to the facilities otherwise granted by the laws of this state. 705.104 Policies and Procedures. The City Manager, in consultation with appropriate City Departments, may develop and maintain policies and procedures to implement the various provisions of this Section. 705.105. Definitions. The definitions in Minnesota Statute Sections 444.075 apply to this Section, unless specifically stated otherwise. If the statute does not provide a definition, the plain and customary definition of the word applies. For purposes of this Section, “facilities" means and includes any and all portions of the City’s water and sanitary sewer systems. 705.200 CONNECTION TO CITY UTILITY FACILITIES Public Ways & Property City of Prior Lake 705/p2 705.201 Mandatory Connection to Public Facilities. Every building, every separately owned space within a commercial building, every separately owned dwelling unit within a residential building, and every townhome unit shall have a separately metered water connection to the public water facilities and a separate sanitary sewer connection to the public sanitary sewer facilities if such facilities are available, except as provided in this Subsection 705.200. For purposes of this Subsection, available means that the primary structure on the property is within 200 feet of the facility; provided however, that the facility shall not be considered available if the City Public Works Director or City Engineer determines that the connection is not feasible due to system capacity, topography, financial considerations or unique engineering circumstances. 705.202 Public Facilities Unavailable. The unavailability of public water and/or sanitary sewer facilities may support the denial of building permit and/or certificate of occupancy or a determination by the City that the subdivision is premature. When making such a determination the City shall consider the size of the proposed development, existing public or private facilities, and the expected timing of public facilities becoming available. 705.203 Public Facilities Available. 1) Connections shall be made to the public water and sanitary sewer facilities within one year of such facilities becoming available, unless the City Public Works Director or City Engineer determines that an extension is appropriate due to site conditions. 2) Connections to the public water and sanitary sewer facilities may be delayed for a period of three years if the existing sewer system is compliant with all current State, County and City regulations as evidenced by the property owner providing to the City proof of compliance from the County. Connection can be further delayed if the sewer system is re-certified every three years from the original date of certification. If the sewer system is not compliant or the property owner fails to re-certify the system prior to the expiration of the three-year period, connection to the public facilities shall be made immediately. 705.204 Health Hazard. Notwithstanding anything else set forth in this Subsection 705.200, owners, occupants and users shall comply with any order issued in regards to the public water facilities, the public sanitary sewer facilities, a private well and/or a private sewer system by an appropriate City, State or County official with jurisdiction, including but not limited to, an order to connect to public facilities immediately if the private well and/or sewer system creates a nuisance or health hazard. 705.300 PERMITS 705.301 Connection and Repair Permits Required. Public Ways & Property City of Prior Lake 705/p3 1) No person may make any connection, repair, or alteration to a public sanitary sewer or water facility, any part thereof, or any facility connected to a public sanitary sewer or water facility without first receiving a permit from the City. Applications for permits shall be made on forms provided by the City. a. Any person tapping into a City watermain, sanitary sewer or storm sewer shall obtain a Right-of-Way Permit from the City pursuant to Section 701. b. Any person connecting to a curb stop shall obtain a sewer/water permit from the City. All applications to connect to a curb stop shall be made, and all work related to connection to a curb stop shall be performed, by a master plumber or pipe layer, who shall be licensed by the State of Minnesota. c. Any person performing work on a water meter shall obtain a permit as required by Subsection 705.504 below. d. Any person, including property owners, performing plumbing work on private property, which work does not involve tapping into a main, connecting to a curb stop, or work on a water meter, shall obtain a plumbing permit from the City. Work Includes but is not limited to water softener installation, water heater installation, water filter, general piping and fixture installation, etc. 2) Applicable connection and permit fees shall be paid prior to the issuance of a permit. 3) Issuance of a permit may be conditioned on the City’s review of the subject property. 4) The permit holder shall notify the City upon completion of the work to allow the City to inspect the work. It is unlawful to cover any work until the City has inspected and approved the work. 5) The City may deny a permit if there are unpaid charges, fees, taxes or delinquent special assessments on the property. 6) All work under a permit shall comply with all applicable federal, state and local regulations including but not limited to the State Plumbing Code and the City’s Public Works Design Manual. 705.302 Private Water and Sewer Systems, City Certificate and County Permit Required. No person may install a private water system or a private sewer system without first obtaining confirmation in writing from the City stating City facilities are not available and written approval from Scott County. The applicant shall provide the City with a copy of the approval from Scott County prior to beginning installation. All work shall comply with all applicable federal, state and local regulations. 705.400 RESPONSIBILITY AND MAINTENANCE 705.401 Service Lateral Liability 1) Water Service: Except as otherwise provided by written agreement with the City, after the initial connection of a water line to a property has been made, the owner, Public Ways & Property City of Prior Lake 705/p4 occupant, or user of the property shall be responsible for the maintenance of the service pipe from the building to the curb stop, excluding the curb stop. The owner, occupant, or user shall notify the City if a curb stop needs repair or adjustment. The City shall perform all repairs and adjustments on curb stops, unless the City Public Works Director determines that the damage was caused directly by the owner, occupant or user, or their agent or contractor in which case the owner, occupant or user is responsible for the repair. The City shall not be responsible for any damage to persons or property due to the condition or height of the curb stop. 2) City Repairs: Upon completion of work the City shall restore the property back to grade and shall restore public infrastructure. The owner, occupant or user of the property shall be responsible for the restoration of any private improvements including but not limited to driveways, landscaping, retaining walls, etc. 3) Sanitary Sewer Service: Except as otherwise provided by written agreement with the City, after the initial connection of a sanitary sewer line to a property has been made, the owner, occupant, or user of the property shall be responsible for the cleaning, maintenance, repair and replacement of the service line from the building to the sanitary sewer main, including the wye. 4) Locates: It is the responsibility of the owner, occupant or tenant to ensure that the water and sanitary sewer service laterals can be located in accordance with the Public Works Design Manual. If the service laterals cannot be located any damage to the service laterals is the responsibility of the owner, occupant or tenant. 5) Frozen Pipes: The owner, occupant, or user of the property shall be responsible for the repair of all frozen pipes except for the main. The City may assist with the thawing of frozen pipes pursuant to the City’s Water Service Lateral Thawing Policy. 705.402 Notice of Service Leaks or Failures. Any owner, occupant or user of a premise who shall discover a leak or failure in a service line shall notify the City within twenty-four (24) hours. Any water wasted due to failure of a person to comply with this regulation may be estimated by the City and be charged to that person at the current rate. 705.403 Private Water Not Permitted in Public Systems. A complete physical separation shall be maintained between the public water supply and any private water supply system so that it is impossible for any water produced by a private system to be introduced into the public system. 705.404 Excavation and Repair Work in the Right of Way. No digging may occur in the street right of way without first obtaining a Right-of-Way Permit from the City pursuant to Section 701.700 Right-of -Way Management and complying with all requirements of said Section. 705.500 WATER METERS Public Ways & Property City of Prior Lake 705/p5 705.501 Meter Reading System. The City has implemented an Automatic Meter Reading System (AMRS) to measure water usage. The system consists of a water meter connected to the premise that measures the amount of water consumed on the premise, meter transmission units also connected on the premise that convey the value of water measured and Data Collection Units that compile the usage data from individual premises for use by the Utility Billing Department. 705.502. Water Meter Definition. As used in this Section, water meter means the components necessary to meter and transmit water usage data from the premise to the City. The components include but are not limited to the meter horn or yoke, meter bowl, register, pressure reducing valve, Meter Interface Unit (MIU) or Meter Transmitting Unit (MTU). 705.503 Water Meter Required. No person may use water conveyed through the public water system without first installing a water meter specified by the City. Any unmetered water use shall be estimated by the City and billed to the account at the current rate. 705.504 Water Meter Regulations. 1) Water meters shall be installed only by master plumbers, who shall be licensed by the State of Minnesota. The master plumber shall obtain the water meter from the City and pay the fee set forth in the City fee schedule prior to obtaining a water meter. 2) Every water meter connected to the public water facilities shall be installed and sealed by or under the direction of the City. No person shall break the seal on a water meter except at the direction of the City. 3) The City shall be responsible for the maintenance, repair and/or replacement of water meters and the related costs; unless the owner, occupant or user is directly responsible for the damage to the water meter due to freezing, hot water, neglect or other similar causes, in which case the owner, occupant or user shall be responsible for the costs. The owner, occupant or user shall notify the City of the need for any such work. 4) Whenever any seal attached to a water meter is found broken the broken seal shall be considered prima facie evidence that the seal was broken in violation of this Section. 5) All water meters connected to the water system shall be accessible to the City its employees or agents for inspection and repair upon ten (10) days’ notice at any reasonable hour of any business day. Failure to permit the City access to the premises to inspect or repair the meter constitutes a violation of this Section. 6) It is a violation of this Section for any person to physically obstruct a meter or otherwise interfere or make it difficult to read or repair a meter. 705.505 Testing of Meters. Whenever any person questions the accuracy of a meter and desires that the meter be tested, the City its employee or agent shall test the meter. If the meter is found to be accurate, the person who requested the test shall pay a fee to cover the cost of the test, any related work and any administrative costs. Such fee shall be set by the City Council in the City fee schedule. Public Ways & Property City of Prior Lake 705/p6 705.600 BULK WATER AND BULK WATER METERS 705.601 Bulk Water. Bulk water may be obtained from the City upon payment of the applicable fees and charges. 705.602 Bulk Water from Hydrants. No person except an employee or authorized agent of the City or member of the Prior Lake Fire Department may operate a fire hydrant without a permit. A contractor or individual may apply to the City for a permit to obtain a bulk water meter. The application shall be on a form provided by the City and be accompanied by the fee set forth in the City fee schedule. The City may issue the permit, if in his or her sole discretion the requested use will not interfere with or negatively affect the City’s water system. If the permit is issued, a hydrant meter shall be issued to the permittee. The permittee shall be responsible for any damage caused to the hydrant meter until it is returned to the City. The contractor or individual shall be responsible for paying for the water usage at the current rate. 705.700 WATER USE RESTRICTIONS 705.701 Annual Water Use Restrictions. The following limitations shall be imposed on the use of the public water supply to conserve water resources and provide flexibility to meet peak demands: 1) An odd/even sprinkling restriction based on street addresses is in effect from May 1 to October 1 each year. Residents with odd numbered addresses may water on odd numbered calendar days; residents with even numbered addresses may water on even numbered calendar days. 2) Homeowners' associations and apartment complexes with a common irrigation system may water only every other day. Homeowners' associations and apartments north of 160th Street may water on odd numbered days and homeowners' associations and apartments south of 160th Street may water on even numbered days. 3) City water cannot be used for the purposes of irrigating or watering of lawns, sod, or seeded areas or other non-essential outdoor uses between ten o'clock (10:00) A.M. and five o'clock (5:00) P.M. daily. 705.702 Exceptions to Annual Water Use Restrictions. The following activities are exempt from the odd/even and daytime watering restrictions: 1) Limited hand watering of gardens and plants using a hose. 2) Watering of areas with new sod or seed within thirty (30) days of installation subject to a watering permit. Public Ways & Property City of Prior Lake 705/p7 3) Watering from a source other than the public water supply if the water user has registered the alternative source and the alternative source is properly permitted by the state of Minnesota. Under this exemption, the City may inspect the property to ensure compliance. 4) City athletic field complexes. 5) The use of private wells for irrigation. 6) Residential pumping from the lake. 705.703 Water Emergency. The City Manager or designee may impose emergency regulations pertaining to public water use when in the Manager’s discretion such restrictions are necessary to protect the public health, safety, and general welfare. When determining if there is a water emergency the City Manager or designee shall consider whether: (i) production of water cannot meet the demand; (ii) water in storage is expected to be depleted within twenty-four hours; and (iii) there is a serious malfunction of equipment or facilities. 1) The restrictions on water use may include, but are not limited to a total prohibition of watering, sprinkling, or irrigation of lawn, grass, turf, or plantings. 2) Restrictions imposed during an emergency shall continue in effect until the end of the emergency and/or removed by the City Manager or his/her designee. 3) Notification of restrictions may be made using local media and any other means available to publicize the water emergency and to inform the citizens of the water restrictions. 705.800 FAILURE OF FACILITIES AND DISCONTINUANCE 705.801 Failure of Facilities. The City shall not be held liable at any time for any deficiency or failure in the water or sanitary sewer facilities, including but not limited to supply of water, water shut offs and sanitary sewer backups. 705.802 Discontinuance. 1) Water service may be shut off or discontinued whenever the City Public Works Director or City Engineer determines that: a) The owner or occupant of the premises served or any person working on any connection for the premises served by public water and sanitary sewer facilities has violated any requirement of the City Code relative thereto, or any connection therewith; b) Any charge or any other financial obligation imposed by this Part 7 on the present owner or occupant of the premises served is unpaid after due notice thereof; c) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges; d) There is a health or safety concern related to the water or sanitary sewer facilities; Public Ways & Property City of Prior Lake 705/p8 or e) The owner or occupant of the premises served by the City’s municipal water service fails (a) within 3 days after written request by the City to the owner or occupant, to provide a time, within 7 days of the written request, to permit entry into the premises by the City, its employees or contractors, during normal working hours, for the purpose of repairing, replacing, modifying or equipping the premises’ water meter or the equipment for the reading of the meter, or (b) fails to permit entry into the premises by the City, its employees or contractors to repair, replace, modify or equip the water meter or the equipment for the reading of the meter at and during the time provided by the owner or occupant. 2) Water service shall be shut off at the stop box. The City shall give the occupant of the premises written notice, delivered by mail, stating the reason for the shut-off, the required cure, and that if the cure is not completed before the day stated in the notice, but not less than five days after the date on which the notice is given, the water to the premises will be shut off. If water service is terminated by the City for any reason, the water shall not be turned on until the City has inspected and approved the work and/or all applicable fees have been paid. 705.803 Emergency Discontinuance. When reasonably necessary to protect public health, safety, or welfare, the public water supply, or private property, the City Public Works Director or City Engineer may discontinue water service to a property immediately. When determining if an emergency exists, the City Public Works Director or City Engineer shall consider the following: 1) If the property is vacant; 2) If the property is unsecured; 3) If he property is determined to be uninhabitable or unsuitable for occupancy; 4) If other utilities to the property providing heat or light have been shut off; 5) If the property has plumbing that is failing or unsafe; 6) If water service to the property creates or contributes to an unsanitary or unsafe condition for anyone who enters the property; 7) If water service to the property has the potential to adversely affect the City's water system; or 8) If the property owner or occupant has refused access to a City representative as authorized by this code. 705.900 DRAINING OF POOLS The sanitary sewer system is not designed to handle the draining of pools and may not have the capacity to accept such drainage. The draining of pools into the sanitary sewer system has the potential to create backups which may damage the system and properties connected to the system. Therefore, any person draining any pool into the sanitary sewer system shall first obtain a permit from the City. Public Ways & Property City of Prior Lake 705/p9 705.901: Application. The application for a permit shall be on a form provided by the City, shall include all requested information, shall be truthful in all respects and shall be accompanied by an application fee as set forth in the City Fee Schedule. 705.902: Review. Upon receipt of a complete application, the City Public Works Director shall review the application and either issue or deny the permit in writing. The Public Works Director may issue a permit if, in the Public Works Director’s sole discretion, the pool can be safely drained into the sanitary sewer system without any negative effects on the sanitary sewer system or any other public or private property. The Public Works Director may include any conditions on the permit that he/she deems appropriate, including but not limited to timing of drainage, flow rates, and maintenance of insurance. The Public Works Director may deny a permit if, in the Public Works Director’s sole discretion, the pool cannot be safely drained into the sanitary sewer system without negative effects on the sanitary sewer system or any other public or private property. 705.903: Revocation. A permit issued under this subsection is subject to revocation by the City Public Works Director for any failure to comply with the permit, any violation of this Section, any damage or risk of damage to the sanitary sewer system or any other public or private property, or violation of any other ordinance of the City or the law of the state. Notice of the revocation shall be provided to the permit holder in writing. Upon receipt of the notice of revocation the permit holder shall immediately cease draining the pool into the sanitary sewer system. 705.904: Violation and Penalty. Any failure to obtain and comply with the required permit, in addition to being a violation of this Section, may result in the person being held responsible for any damage which may occur to public or private property as a result of the pool drainage. 705.1000 WASTES PROHIBITED It is a violation of this Section for any person to direct into or allow any storm water, surface water, water from air conditioning systems, oil or other similar material, including but not limited to all materials prohibited by the Metropolitan Council Environmental Services, to drain into the sanitary sewer system. 705.1100 TAMPERING PROHIBITED No person may install, modify, alter, bypass, tamper or in any manner interfere with the public water or sanitary sewer facilities including but not limited to hydrants, water meters and related components, unless permitted by this Section. 705.1200 RIGHT OF ENTRY The City’s employees and agents shall have the right, after obtaining a search warrant if a warrant is demanded, to enter any lands, property, or buildings in the City for the purpose of inspection, maintenance and repair of its water meters and inspection of Public Ways & Property City of Prior Lake 705/p10 materials, plumbing work and fixtures of all kinds used by or in connection with the water or sanitary sewer facilities. 705.1300 CONTRACT Provisions of this Section relating to water and sanitary sewer facilities 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 public utilities and consumers of utility services other than municipal shall be in strict accord with the provisions of this Section. 705.1400 PENALTY Any person violating any provision of this Section shall, upon conviction thereof, be guilty of a misdemeanor and be punishable in accordance with the penalties established by Minnesota Statute Section 609.02 as may be amended. A separate offense shall be deemed committed for each day the violation shall continue. Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage incurred by the City by reason of such violation. Ord. Amd. 115-17, publ. 06/13/15 Ord. Amd. 118-18, publ. 12/15/18 Public Ways & Property City of Prior Lake 705/p11 (This Space Intentionally Left Blank For Future Ordinance)