TITLE V:  PUBLIC WORKS
Chapter
	50.	WATER
	51.	WASTE WATER TREATMENT SYSTEMS
	52.	SOLID WASTE
	53.	STORM WATER MANAGEMENT UTILITY
	54.	ENVIRONMENTAL COMMISSION
CHAPTER 50:  WATER
Section
General Provisions
	50.01	Public utility
	50.02	Construction
	50.03	Phone read meter interface unit installation instructions
Installation Procedures
	50.15	Applications
	50.16	Plumbing permits
	50.17	Trunk water main facilities and lateral water main connection charges
	50.18	Listing of accounts by house and street number
Service Regulations
	50.30	Water rates
	50.31	Statements; delinquent accounts
	50.32	Discontinuance of water service
	50.33	Authorized water shut downs
	50.34	Separate meters required
	50.35	Authorization required
	50.36	Service pipes
	50.37	Abandoned services
	50.38	Water pipe connected to pump, wells, or tank
	50.39	Water connections for newly acquired city property
	50.40	Water use restrictions
	50.41	Private wells
	50.42	Water cooled air conditioning system
	50.43	Operation of fire hydrants
	50.44	Sources of water contamination
	50.45	Curb stop boxes
	50.46	Water service excavators
	50.47	Water meters
GENERAL PROVISIONS
§ 50.01  PUBLIC UTILITY.
	The city's municipal water system (called the "water system") shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this chapter.
(1997 Code, § 600.01)
§ 50.02  CONSTRUCTION.
	No person, firm, or corporation shall make, construct, or install any water service installation, or make use of any water service connected to the water system, except in the manner provided in this chapter.  No person, firm, or corporation shall otherwise make, construct, install, or make use of any installation connected to the water system contrary to the regulatory provisions of this chapter.
(1997 Code, § 600.02)  Penalty, see § 10.99
§ 50.03  PHONE READ METER INTERFACE UNIT INSTALLATION INSTRUCTIONS.
	The city’s phone read meter interface unit installation instructions are hereby adopted by reference and incorporated herein as if set out in full.
INSTALLATION PROCEDURES
§ 50.15  APPLICATIONS.
	(A)	Application forms for service installations.  All applications for service installations and for water service shall be made at the city office on printed forms furnished by the city.
	(B)	Application by owner; payment.  All applications for service installations shall be made by the owner of the property to be served, or owner's duly authorized agent, and shall state the size and location of the service connection required.  The applicant shall, at the time of making application, pay to the city the amount of fees or deposit required for the installation of the service connection as provided in this chapter.
	(C)	Application information needed.  The application shall also contain the name of the owner, an account number, and a description of the property, lot, block, and addition, name of the street upon which the property fronts and the official street number assigned to the premises as shown by the records of the city and the signature of the applicant, or applicant's agent, agreeing to conform to the rules and regulations that may be established by the city as conditions for the use of water.
	(D)	Application for water service.  When service connections have been installed, application for water service may be made at the city office either by the owner, a duly authorized agent, or by the tenant or occupant of the premises.
	(E)	Water meter; notification.  A meter spacer interface unit will be furnished to the contractor or plumber, at the time a connection permit is issued.  The plumber shall notify the Building Official within 24 hours after piping is complete, giving street address and permit number.  The city shall then program the meter interface unit.
(1997 Code, § 600.04)  Penalty, see § 10.99
§ 50.16  PLUMBING PERMITS.
	(A)	A permit must be obtained to connect to the water system.  The fee for each permit shall be as set forth by City Council ordinance.  No permit shall be issued except to a licensed plumber.  All costs to connect to an existing water main shall be paid for by the property owner.
(Am. Ord. 97-29, passed 4-21-1998)
	(B)	If for any reason the contractor laying the service pipe should fail to have the connection made at the time specified in contractor's application, notice must be given to the city Building Official affixing another day on which contractor wishes to make the connection.  The notice must be given at least 2 business days prior to the excavation for laying of the service pipe, and the connection must be made before 3:00 p.m., except in special cases, and then the work must be done only upon a written order from the city Building Official.
(1997 Code, § 600.05)  (Am. Ord. 97-177, passed 9-1-2006)  Penalty, see § 10.99
§ 50.17  TRUNK WATER MAIN FACILITIES AND LATERAL WATER MAIN CONNECTION CHARGES.
	(A)	A full lateral benefit assessment shall be levied for any building unit which is directly served by a trunk utility main and therefore requires no lateral main, if the building unit resides in a municipal urban service area designated by the City of Lake Elmo Comprehensive Plan.  The building unit must connect to the municipal utility service within two years of the installation of the trunk utility main.
	(B)	A lateral benefit assessment shall be levied for any building unit which is directly served by a trunk utility main and therefore requires no lateral main, if the building resides outside a municipal urban service area as designated by the City of Lake Elmo Comprehensive Plan.  A stub shall be placed in front of the building unit and the building unit shall be levied at an equivalent of .5 lateral benefit assessment.  If the building unit requests connection to water service subsequent to the completion of the utility main, the building unit shall be levied the remaining .5 lateral benefit assessment and charged all related connection and availability charges consistent with the city’s current fee schedule and the cost of any restoration to the street, right-of-way, or water transmission infrastructure that results from the building unit connection.
	(C)	The Council shall set the fee from time to time by resolution, using the most recent project data.
(1997 Code, § 600.06)  (Am. Ord. 97-177, passed 9-1-2006; Am. Ord. 08-108, passed 6-17-2014)
§ 50.18  LISTING OF ACCOUNTS BY HOUSE AND STREET NUMBER.
	(A)	All accounts shall be kept on the books of the city by the house and street number and under the account number assigned to the account and by the name of the owner or of the person signing the application for service.
	(B)	All bills and notices sent out by the city shall be sent to the house and street number of the property.
	(C)	If non-resident owners or agents desire personal notice sent to a different address, they shall file an application for the different address to the city.
	(D)	Any error in address shall be promptly reported to the city.
(1997 Code, § 600.07)
SERVICE REGULATIONS
§ 50.30  WATER RATES.
	(A)	Establishment of rates.  The rate due and payable to the city by each water user for water taken from a water system shall be that rate established by the Council by resolution.
	(B)	Malfunctioning meter.  In case the meter is found to have stopped, or to be operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously in comparable periods of the year.
	(C)	Billings.  Water bills shall be mailed to the customers quarterly and shall specify the water consumed and charge in accordance with the foregoing rates.
	(D)	Sprinkler system charges.  Where a connection is made to an automatic sprinkler system for standby service only, a charge as set by the Council by resolution shall be made on an annual basis.  These rates shall apply in all cases where automatic sprinklers are installed and where fire gates and other outlets are sealed.  Meters or detector check valves must be installed on the services as required by the city.  The amount of these rates shall be due January 1 of the year for which service is to be provided and shall be payable on or before February 1 of that year.  Where service is for less than an annual period, the annual charge shall be prorated on a monthly basis and the prorated amount shall be paid at the time of the connection of the sprinkler system.
	(E)	Should it be found that water not metered is used through a fire connection for any purpose other than the extinguishing of a fire upon the premises, the owner and occupant will be notified, and if the improper conditions are not corrected within 10 days, the water will be shut off until proper adjustments are made.  The owner shall be subject to the penalties as provided in § 10.99.  Regular inspections shall be made of all fire service connections with all piping, fire gates, and other attached appurtenances.  The city shall have access to the premises for the inspection and shall keep a record of all inspections made.
(1997 Code, § 600.08)
§ 50.31  STATEMENTS; DELINQUENT ACCOUNTS.
	(A)	Statements.  Statements for charges for water service for the period shall be mailed to each customer on or before the fifth day of January, April, July, and October of each year.  The statements shall be due and payable to the City Administrator on or before the first day of the second month following the quarterly period covered by the statement.
	(B)	Delinquent accounts.  It shall be the duty of the city to endeavor to collect delinquent accounts as promptly as possible.  Where satisfactory arrangements for payment have not been made, instructions shall be given to discontinue service by shutting off the water at the stop box.  All delinquent accounts may be certified to the Clerk/Administrator who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against the respective property served.  This assessment roll shall be delivered to the Council for adoption on or before October 1 of each year.  Upon approval of the assessment roll, the City Administrator shall certify to the County Auditor the amount due.  The County Auditor shall then enter the amount as part of the tax levy on the premises to be collected during the ensuing year.  The action may be optional or subsequent to taking legal action to collect delinquent accounts.
	(C)	Delinquent account fee.  All delinquent accounts shall be charged a service fee as set forth from time to time by resolution of the City Council.
(1997 Code, § 600.09)
§ 50.32  DISCONTINUANCE OF WATER SERVICE.
	Water service may be shut off at any stop box connection whenever:
	(A)	Connection violations.  The owner or occupant of the premises served, or any person working on any pipes or equipment on the premises which as connected with the water system, has violated or threatens to violate or causes to be violated any of the provisions of this chapter;
	(B)	Delinquent charges.  Any charge for water, service, meter, or other financial obligation imposed on the present or former owner or occupant of the premises served is unpaid;
	(C)	Fraud; misrepresentation.  Fraud or misrepresentation by the owner or occupant of the premises served in connection with an application for service;
	(D)	Service charge for disconnection.  For turning off water service for non-payment of water bill, failure to repair leak, discontinuance of service, or any other cause, and the like; and/or
	(E)	Property access.  Failure to allow city employees or authorized representatives onto property for purposes of installing or repairing water meters and/or remote reading devices (M.I.U.).
(Am. Ord. 97-29, passed 4-21-1998)
(1997 Code, § 600.10)
§ 50.33  AUTHORIZED WATER SHUT DOWNS.
	(A)	The city shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever.  In case of fire, or alarm of fire, water may be shut off to ensure a supply for firefighting.  In making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary.
	(B)	(1)	Water turn-on/off.  No person, except an authorized city employee, shall turn on or off any water supply at the stop box without permission from the city.
		(2)	Service charge for reconnection.  For turning on water where service has been turned off for non-payment of water bill, failure to repair a leak, discontinuance of service, or any other cause, a service charge as set forth from time to time by Council resolution will be made.
(1997 Code, § 600.11)  Penalty, see § 10.99
§ 50.34  SEPARATE METERS REQUIRED.
	No more than 1 housing unit or building shall be supplied from 1 service connection except by special permission of the city.  Whenever 2 or more parties are supplied from 1 pipe, connecting with the distribution main, each building or part of the building must have a separate stop box and a separate meter.
(1997 Code, § 600.12)
§ 50.35  AUTHORIZATION REQUIRED.
	Only persons authorized by this chapter shall tap any distributing main or pipe of the water system, or insert stopcocks or ferrules in the main or pipe.
(1997 Code, § 600.13)  (Am. Ord. 97-29, passed 4-21-1998)
§ 50.36  SERVICE PIPES.
	(A)	Maintenance of service pipe.  It shall be the responsibility of the consumer or owner to maintain the service pipe from the curb box into the house or building.  In the case of failure upon the part of any consumer or owner to repair any leak occurring in the owner's pipe within 24 hours after verbal or written notice of the leak, the water will be shut off and will not be turned on until the service charge set forth from time to time by Council resolution and as specified in § 50.33, has been paid and the leak repaired.  When the waste of water is great, or when damage is likely to result from the leak, water may be turned off immediately pending repairs.
(1997 Code, § 600.14)
	(B)	Frozen service pipes.  If the service pipe is frozen, the service pipe will be restored to proper operating condition only by an authorized city employee.  The property owner/customer shall pay all costs associated with thawing out water service.
(1997 Code, § 600.15)
	(C)	Specifications for service pipe.  Every service pipe must be laid with sufficient waving to allow not less than 1 foot of extra length and in a manner to prevent rupture by settlement.  The service pipe must be placed not less than 8 feet below the surface and arranged to prevent rupture by freezing.  Service pipes must extend from the curb box to the inside of the building, if not taken into a building, then to the hydrants or other fixtures which it is intended to supply.  A shut-off or other stop-cock with waste valve, of the size and strength required, shall be used and placed to be well protected from freezing.  Type K copper tubing shall be used up to and including 2-inch services.  All underground joints are to be mechanical, unless otherwise approved by the Plumbing Inspector.  Joints on copper tubing shall be kept to a minimum, with not more than 1 joint used for service up to 70 feet in length.  All joints and connections shall be left uncovered until inspected and tested at normal water line pressure.  Services over 2 inches shall be Type K copper or Doctile iron pipe.  Connections with the mains for domestic supply shall be at least 1 inch.
(1997 Code, § 600.17)  (Am. Ord. 97-29, passed 4-21-1998)
Penalty, see § 10.99
§ 50.37  ABANDONED SERVICES.
	(A)	Disconnection of abandoned/unused services, charges.  All service installations that have been abandoned or have not been used for 1 year or, for any reason, have become useless for further service, shall be disconnected at the main by the city and all pipe and appurtenances removed shall be the property of the city.  Any expense of the city shall be charged to the property and, if not paid within 30 days, shall be treated as a delinquent account pursuant to § 50.31.
	(B)	Changes to "old," existing connections.  When new buildings are erected on the site of the old ones, and it is desired to increase or change the old water service, no connections with the mains shall be given until all the old service shall have been removed and the main plugged.  If any contractor, worker, or employee upon the building shall cause or allow any service pipe to be hammered together at the ends to stop the flow of water, or to save expense in removing the pipe from the main, the owner of the building, the worker, and contractor shall, upon conviction of the violation, be subject to the penalties as set forth in § 10.99, and shall remove the service pipe from the main.  If the contractor, worker, or employee fails to do so on 24 hours notice, the contractor, worker, or employee shall be obligated to pay the city the cost incurred by it for the removal.
(1997 Code, § 600.16)  Penalty, see § 10.99
§ 50.38  WATER PIPE CONNECTED TO PUMP, WELLS, OR TANK.
	No water pipe of the water system shall be connected with any pump, well, tank, or piping that is connected with any other source of water supply, and when these connections are found, the Building Official shall notify the owner to disconnect the connection.  If not done immediately, the water supply shall be turned off immediately.  Before any new connection to the water system is permitted, the Plumbing Inspector shall ascertain that no cross connection will exist when the new connection is made.  No person shall permit water from the water system to be used for any purpose except upon the person's own premises unless written consent is first obtained from the city.
(1997 Code, § 600.18)  Penalty, see § 10.99
§ 50.39  WATER CONNECTIONS FOR NEWLY ACQUIRED CITY PROPERTY.
	In any and all cases where water mains of the city have been or shall be extended to or constructed in any road, street, alley, or public highway, adjacent to or outside the corporate limits of the city, the Council is authorized to issue permits to the owners or occupants of the properties adjacent to, or accessible to, the water mains and to make proper water service pipe connections with the water mains of the city and to be supplied with water in conformity with and subject to all the terms, conditions, and provisions of this chapter.  Persons accepting the service shall agree to be bound and obligated by the ordinance.
(1997 Code, § 600.19)
§ 50.40  WATER USE RESTRICTIONS.
	(A)	Emergency authority.  To protect the health and safety of the consumers, as well as the general welfare, the Mayor or City Council may impose emergency regulations pertaining to city water use. Whenever the city shall determine that a critical water deficiency prevails, it may 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 nonessential uses. 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 publication or by posting in the City Hall and city website specifically indicating the restrictions thereof.
		(1)	The Mayor or City Council may declare a critical water deficiency to prevail within the city whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
		(2)	The Mayor or City Council shall thereupon enact such regulations and restrictions on the delivery of water and the consumption within the city to conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection.
		(3)	When the Governor of the State of Minnesota declares a critical water deficiency, the Mayor or City Council will enact and enforce water conservation restrictions in accordance with M.S. § 103G.291.
		(4)	Water use regulations and restrictions may include the right to deny applications for new or additional service connections, and provisions for their enforcement by discontinuing service to customers willfully violating the regulations and restrictions.
	(B)	Permanent water use restrictions.  To encourage water conservation and allow flexibility in the city’s water system in meeting peak demands, and to reduce the required water supply and storage capacity requirements allowing for a lower cost water system, certain limitations must be placed on the city’s water supply.
		(1)	Odd/even sprinkling ban.  Property owners having even numbered postal addresses may water, sprinkle, or irrigate their lawns only on even numbered days, and property owners having odd numbered postal addresses may water, sprinkle, or irrigate their lawns only on odd numbered days.
		(2)	Time of day sprinkling ban.  All property owners are prohibited from watering, sprinkling, or irrigating their lawns between the hours of 10:00 a.m. and 5:00 p.m. daily.
		(3)	Exceptions.  The permanent water use restrictions do not apply in the following situations.
			(a)	Private wells.
			(b)	Recently established lawns if permission is granted through a watering restriction waiver form, allowing daily watering for up to 30 days after installation. Watering must still adhere to the restricted hours for the time of day sprinkling ban. New sod or seeded lawns or other landscaping requiring watering, sprinkling, or irrigation, shall not be installed during a water shortage emergency.
			(c)	Attended hand watering of plants, shrubs, trees, and gardens.
	(C)	Lawn watering, sprinkling, and irrigation.  All lawn sprinkler systems and irrigation systems connected to the municipal water system, whether such systems are aboveground or underground, shall require a permit for connection and shall be installed in accordance with the Minnesota State Plumbing Code. To conserve water, all lawn sprinkler systems and irrigation systems which are automatic or are equipped to operate automatically and which are connected to the municipal water system, shall be equipped with a rain-detection device such to prevent the system from operating when it rains (per M.S. § 103G.298). All lawn sprinkler systems and irrigation systems connected to the municipal water system shall be constructed and operated to prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff, low head drainage, over spray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures.
	(D)	Enforcement.  Failure to comply with restrictions or prohibitions imposed under this section  shall result in a surcharge for water service for each violation in an amount determined by resolution of the City Council, which shall be added to the water bill for the property on which such violation occurs. Each day of violation shall be deemed a separate violation. Continued violation shall be cause for discontinuing water service.
(Ord. 08-018, passed 11-4-2009)
§ 50.41  PRIVATE WELLS.
	(A)	Dual water system.  Except as provided in division (B), a private well may be maintained and continued in use after connections made to the city water system, provided that there is no means of cross connection between the private well and the city water supply at any time. Hose bibs that will enable the cross connection of the 2 systems are prohibited on internal piping of the well supply system. Threads of the boiler drain of the well volume tank shall be removed or the boiler drain hose bib replaced with a sink faucet. Outside hose bibs will not be installed on the municipal water system where dual water systems are in use.
	(B)	Sealing of well required.  A private well which has been declared to be a known or potential health hazard by resolution of the City Council shall be sealed pursuant to the regulations of the Department of Health.
(1997 Code, § 600.21)  (Am. Ord. 97-166, passed 3-6-2006)  Penalty, see § 10.99
§ 50.42  WATER COOLED AIR CONDITIONING SYSTEM.
	No water cooled air conditioning systems shall be connected to the water system.
(1997 Code, § 600.22)  (Am. Ord. 97-29, passed 4-21-1998)  Penalty, see § 10.99
§ 50.43  OPERATION OF FIRE HYDRANTS.
	(A)	No persons, other than authorized city employees, shall operate fire hydrants or interfere in any way with the water system without first obtaining a permit to do so from the city, subject to the following conditions.
	(B)	(1)	Use of fire hydrant.  A permit to use a fire hydrant shall be issued for each individual job or contract for a minimum period of 30 days, and for additional 30-day periods as are requested and deemed necessary.  The permit shall state the location of the hydrant and shall be for the use of that hydrant and none other.
		(2)	Deposit for use.  The user shall make an advanced cash deposit, as set forth from time to time by Council resolution, to guarantee payment for water used and to cover breakage and damage to the hydrant or meter.  This sum shall be refunded upon expiration of the permit, less applicable charges for use.
		(3)	Rental charge for use.  The user shall pay a rental charge, as set forth from time to time by resolution of the Council, for each 30-day period or fraction of that 30-day period and the required amount for each 1,000 gallons of water used, set forth from time to time by resolution of the Council.
(1997 Code, § 600.23)  Penalty, see § 10.99
§ 50.44  SOURCES OF WATER CONTAMINATION.
	The following possible sources of contamination shall not be installed within 75 feet of any public well:
	(A)	Building plumbing;
	(B)	Building drains;
	(C)	Septic tanks;
	(D)	Storm sewers;
	(E)	Sanitary sewers;
	(F)	Cesspools;
	(G)	Leaching pits; and/or
	(H)	Drain fields.
(1997 Code, § 600.24)  Penalty, see § 10.99
§ 50.45  CURB STOP BOXES.
	(A)	Installation/location of stop box.  Curb stop boxes will be installed at a point on the property line most suitable to the property and shall be left in an accurate vertical position when backfilling is completed.  One will be installed on each vacant platted lot.  Curb stop boxes will be installed at an approximate depth of 8 feet below the grade established by the owner.  Type K copper tubing shall be used for installation of the water service.
	(B)	Connections to be made by licensed plumber.  All piping connections from curb box to house supply piping shall be made under the supervision of a licensed plumber.
(1997 Code, § 600.25)  Penalty, see § 10.99
§ 50.46  WATER SERVICE EXCAVATORS.
	All water service excavation work shall be performed by water service excavators licensed by the city.
(1997 Code, § 600.26)  Penalty, see § 10.99
§ 50.47  WATER METERS.
	(A)	Generally.
		(1)	Except for extinguishing of fire, no person except authorized city employees shall use water from the water supply system or permit water to be drawn from the system unless the water is metered by passing through a meter supplied or approved by the city.  No person not authorized by the city shall connect, disconnect, and take apart, or in any manner change or cause to be changed, or interfere with any meter or the action of the meter.
(Am. Ord. 97-29, passed 4-21-1998)
		(2)	(a)	Water meter charge.  A charge for water meters, and meter interface units, shall be paid to the city by customers for water meters in advance before meter interface unit delivery of the water meter for installation.  The charge shall be determined by resolution by the Council.  Remote reading devices will be required on all water meters.
(Am. Ord. 97-29, passed 4-21-1998)
			(b)	Meter repair/replacement.  The city shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them if necessary.  Where any replacement, or repair, or adjustment of any meter is necessary because of damage from hot water backup, damage from freezing water, or damage from any act, carelessness, or negligence of the owner or occupants of any premises, any expense incurred by the city to repair the damage shall be charged against and collected from water consumer.  Water service may be discontinued until the cause is corrected and the amount charged collected.
			(c)	Meter re-readings.  When a consumer makes a complaint that the bill for any past services has been excessive, the city shall, upon written request, have the meter re-read.  If the consumer remains dissatisfied and desires that the meter be tested, the consumer shall then make a deposit pursuant to the schedule set forth below, and the city shall test the meter.  The consumer shall, if the consumer desires, be present when the test is made.  In case a test should show an error of over 5% of the water consumed in favor of the city, the deposit will be refunded to the consumer, and a calibrated meter will be installed and the date of the written request and the minimum charge shall not be affected.  In case the test shows an accurate measurement of water or an error in favor of the consumer, the amount deposited shall be retained by the city to cover part of the expenses of making the test, and the additional costs, if any, will be included on the next quarterly statement.  The deposit charges for a meter testing are those set by resolution by the Council.
			(d)	Meters property of city.  All water meters shall be and remain the property of the city and may be removed or replaced or changed as to size and type by the city whenever deemed necessary.
			(e)	Access for meter readings.  Authorized city employees shall have free access at reasonable hours of the day to all parts of every building and premises connected to the water system for reading of meters and inspection.  The City Administrator shall be authorized to make adjustments in water charges when, in the Administrator's opinion, the amount billed is erroneous due to a meter deficiency or other mistake.
(1997 Code, § 600.27)
	(B)	Installation of water meters.
		(1)	The installation of a water meter shall be installed at the time of structure construction, and shall meet the requirements of this section and shall not be installed prior to receiving a permit approved by the Building Official.  The Building Official shall maintain permit application forms.
(Am. Ord. 97-29, passed 4-21-1998)
		(2)	(a)	Installation.  Installation of the water meter, raising the curb box to finished grade, and flushing of the lines shall be the responsibility of a plumber duly licensed and registered according to state statute.  The city's Water Department must do turning on the water service.  The meter setting shall be provided as follows.
				1.	Meter settings shall be located in the utility, laundry, or furnace room and in every case shall be located no more than 8 feet from the nearest floor drain unless there is prior approval from the Building Official.
				2.	The setting shall be installed to provide that the meter is between 6 and 12 inches from the wall and between 18 and 36 inches from the finished floor.
				3.	The water meter shall have full accessibility with a clear space of 3 feet in all directions except as noted in division (B)(2)(a)2. above.
				4.	Each meter setting shall be provided with a ball valve on the street side and the house side of the meter.  The valves shall be well protected from freezing.  Meters 1 inch and larger shall be provided with ball valve, valved bypass (1 nominal size less than inlet) and ball valve, valved drain outlet with iron pipe threads (plugged 1 nominal size less than inlet).  This tee and ball valve shall be installed between the meter outlet and the meter outlet ball valve.
				5.	Meter setting shall be accomplished with brass mechanical joint ahead of the inlet ball valve.
				6.	A meter interface unit (M.I.U.) shall be securely installed on the exterior surface of the wall closest to the water meter.  A single RJ11 telephone jack receptacle shall also be installed on the exterior surface of the wall within 18 inches of the M.I.U.  This jack receptacle shall be wired into the existing active telephone circuit.  The water meter encoded register (E.C.R.) shall be connected to the M.I.U. with 3-wire conductor type as specified by the water utility.  The M.I.U. shall be connected to the telephone jack with telephone wire and a RJ11 jack plug.  Use of wire ties or clips shall secure all wires.
(Am. Ord. 97-29, passed 4-21-1998)
			(b)	Notification of completion of installation.  The water utility shall be notified that the meter setting is complete, at which time the water utility will inspect and approve the installation, seal the water meter, and program the M.I.U.
(Am. Ord. 97-29, passed 4-21-1998)
			(c)	Stop and waste valve.  All meter installations shall have a stop and waste valve on the street side of the meter.  There shall be no more than 12 inches of pipe exposed between the point of entrance through the basement floor and the stop and waste valve.  A stop and waste valve shall also be installed on the house side of the meter.  Meter setting devices for 5/8 inch, 3/4 inch, and 1 inch meters shall be of copper pipe or tubing from the terminus of the service pipe up to and including the house side stop and waste valve.  Gate valves shall be brass 125 pounds standard.  There shall also be installed on the house side of the meter gate valve a 3/4 inch side outlet tee and a 2 inch by 4 foot minimum air chamber or shock absorber, or an air chamber of equal volume.
(1997 Code, § 600.28)
Penalty, see § 10.99
CHAPTER 51:  WASTE WATER TREATMENT SYSTEMS
Section
Subsurface Sewage Treatment Systems
	51.001	Intent and purpose
	51.002	Adoption of county subsurface sewage treatment system ordinance
	51.003	Exceptions to county ordinance
	51.004	Generally
	51.005	Administration
Municipal Sanitary Sewer System
	51.020	General operation
	51.021	Definitions
	51.022	Connections with sewer required
	51.023	Supervision of sewer connections
	51.024	Permits
	51.025	Connection charge
	51.026	Types of wastes prohibited
	51.027	Pretreatment, control, and refusal of extraordinary wastes
	51.028	Tampering with municipal sanitary sewer system prohibited
	51.029	Entry upon private property
	51.030	Maintenance of municipal sanitary sewer connections
	51.031	Rates and charges
	51.032	Establishment of strength charges
Community Sewage Treatment System Service Charge
	51.045	Intent and purpose
	51.046	Regulations
	51.047	Determination of community sewage treatment system service charge
	51.048	Delinquent accounts; revocation
	51.049	Community Sewage Treatment System Service Fund
Alternative Waste Disposal Systems; Wetland Treatment Systems
	51.065	Intent and purpose
	51.066	Rules
SUBSURFACE SEWAGE TREATMENT SYSTEMS
§ 51.001  INTENT AND PURPOSE.
	This subchapter is adopted for the purpose of protecting the health, safety and welfare of the residents of the city through regulating the location, design, installation, use and maintenance of individual sewage treatment systems so as to prevent contamination of surface waters and groundwaters.
(1997 Code, § 700.02)  (Am. Ord. 08-029, passed 9-21-2010)
§ 51.002  ADOPTION OF COUNTY SUBSURFACE SEWAGE TREATMENT SYSTEM ORDINANCE.
	Chapter 4 of the Washington County Development Code entitled Subsurface Sewage Treatment Systems Regulations, as amended is hereby adopted by reference in its entirety as if herein printed in full.
(Ord. 08-029, passed 9-21-2010)
§ 51.003  EXCEPTIONS TO COUNTY ORDINANCE.
	(A)	The following provisions are adopted separately from the Chapter 4 adopted in § 51.002 and are more restricting than Chapter 4 of the Washington County Development Code:
		(1)	Washington County Development Code Chapter 4; Section 6 - Permits:
			(a)	"Mound systems are not allowed for collector systems in the OP Open Space Preservation District."
		(2)	Washington County Development Code Chapter 4; Section 22 - Maintenance:
			(b)	"Sewage tanks shall be pumped or inspected by a licensed septic pumper, or inspected by a state-certified septic inspector every 2 years. A pumping and/or inspection report shall be submitted to the permitting authority by the pumper or inspector."
	(B)	OP Waste Water Treatment Systems.
		(1)	Collector systems in the OP zone shall be operated and maintained by a business licensed as a service provider in accordance with Minn. Rules 7083. An operation and maintenance plan shall be prepared by the developer prior to final plat approval. The homeowners association shall be responsible for implementing this plan. Included in this plan shall be both ground water monitoring, and visual inspections. Biannual reports shall be prepared by the service provider and submitted to the permitting authority.
	(C)	Systems Serving Multiple Properties.
		(1)	Any SSTS system serving two or more properties shall be designed by a registered professional engineer in the State of Minnesota in addition to having all other necessary certifications and licenses required by Minn. Rules, Chapter 7083, including the collection component of the shared system, or any component of the system that is located within an asset of the city.
(Ord. 08-029, passed 9-21-2010)
§ 51.004  GENERALLY.
	General requirements - community treatment systems.  Lawful connections to community sewage treatment systems.  New connections will be allowed, with city permit, according to the following conditions.
	(A)	Where an existing individual sewage treatment system is failing and where the property in question is near the community sewage treatment system, a new connection may be permitted if capacity is available in all components of the community sewage treatment system.
	(B)	New connection to a community sewage treatment system will not be permitted for new construction, unless the previous structure on which the new construction occurs was previously connected to the existing community sewage treatment system.
(Am. Ord. 97-105, passed 4-2-2002)
	(C)	The fee for new connections shall be evaluated on a case by case basis.  In general the new user shall pay all costs to connect to the system, plus a charge to pay for previously built drainfield areas.
	(D)	No person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any community sewage treatment system or appurtenance of the system without first obtaining a written permit from the city.
(1997 Code, § 700.04)  (Am. Ord. 08-029, passed 9-21-2010)  Penalty, see § 10.99
§ 51.005  ADMINISTRATION.
	(A)	Board of Adjustment and Appeals.
		(1)	(a)	An aggrieved party may appeal a decision by the permitting authority regarding the interpretation or application of the provisions of §§ 51.001 et seq.
			(b)	Appeals shall be reviewed and determined by the city’s Board of Adjustment and Appeals.
		(2)	Request for variances to the provisions of §§ 51.001 et seq. shall be reviewed pursuant to the procedures and standards contained in the zoning code.
(Am. Ord. 97-124, passed 11-18-2003; Am. Ord. 08-029, passed 9-21-2010)
MUNICIPAL SANITARY SEWER SYSTEM
§ 51.020  GENERAL OPERATION.
	The municipal sanitary sewer system shall be operated as a public utility and convenience from which revenues will be derived, subject to the provisions of this chapter.
(1997 Code, § 705.01)
§ 51.021  DEFINITIONS.
	Unless specifically defined within §§ 51.020 et seq., common definitions, words, and phrases used in §§ 51.020 et seq. shall be interpreted so as to give them the same meaning throughout this code, and are found in § 11.01.
(1997 Code, § 705.02)
§ 51.022  CONNECTIONS WITH SEWER REQUIRED.
	(A)	Any building used for human habitation or in which a toilet or other plumbing facility for the disposal of human waste is installed and located on property adjacent to a sewer main, or in a platted block through which the system extends, shall be connected to the municipal sanitary sewer system within 1 year from the date on which a connection is available to the building.
	(B)	All buildings subsequently constructed within the city on property adjacent to a sewer main or in a platted block through which the municipal sanitary sewer system extends, shall be provided with a connection to the sewer system for the disposal of all human waste.
(1997 Code, § 705.03)  Penalty, see § 10.99
§ 51.023  SUPERVISION OF SEWER CONNECTIONS.
	(A)	The Building Official shall supervise all sewer connections made to the municipal sanitary sewer system and excavations for installing or repairing the connections.
	(B)	All sewer installers shall verify the location and elevation of a sewer connection stub by securing a written statement from the City Engineer before proceeding with the installation of the sewer house connection.
	(C)	The City Engineer shall not deviate from the planned location without written permission from the Council.
(1997 Code, § 705.04)  Penalty, see § 10.99
§ 51.024  PERMITS.
	(A)	Persons desiring a connection to the municipal sanitary sewer system shall apply to the city for a permit.  The application shall be made on forms furnished by the Administrator and shall be accompanied by plans, specifications, and other information required by the Building Official, together with a permit fee as set forth from time to time by resolution of the Council.  When reinspection is necessary, a fee as set forth from time to time by resolution of the Council for the reinspection shall be paid.  All costs and expenses incident to the installation and connection shall be borne by the owner, and the owner shall indemnify the city for any loss or damage that may, directly or indirectly, be occasioned by the installation of the sewer connection, including restoring streets and street surfaces.
	(B)	Permits for connections will be issued only to the property owner or to a person duly licensed to make the connection under the provisions of this chapter.
(1997 Code, § 705.05)  Penalty, see § 10.99
§ 51.025  CONNECTION CHARGE.
	(A)	A connection charge as determined by resolution of the Council and the permit fee as set forth from time to time by resolution of the Council shall be paid at the time of making application for a connection to the municipal sanitary sewer system.
	(B)	Before a permit shall be issued, the following conditions shall be complied with.
		(1)	Permit requirements.  No permit shall be issued to connect any lot or tract of land with the municipal sanitary sewer system of the city, either directly or indirectly, unless it shall be determined that:
			(a)	The lot or tract of land to be served by the connection has been assessed for the cost of construction of the sanitary sewer main with which the connection is made;
			(b)	If no assessment has been levied for the construction cost, the proceedings for levying the assessment have been or will be commenced and completed in due course; or
			(c)	If no assessment has been levied, and no assessment proceedings will be completed in due course, a sum equal to the portion of cost of construction of the sanitary sewer main which would be assessable against the lot or tract has been paid to the city.
		(2)	Additional connection fee.
			(a)	If none of the above conditions are met, no permit to connect to any sanitary sewer main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the sanitary sewer main which would be assessable against the lot or tract to be served by the connection.
			(b)	The assessable cost is to be determined by the Administrator upon the same basis as any assessment previously levied against other property for the main.
			(c)	If no assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have been or which shall be charged for similar connection with the sanitary sewer main, determined on the basis of the total assessable cost of the main, allocated on a frontage basis, acreage basis, or both.
(1997 Code, § 705.06)  Penalty, see § 10.99
§ 51.026  TYPES OF WASTES PROHIBITED.
	(A)	Unlawful discharges.  It is unlawful to discharge any of the following described waters or wastes into the municipal sanitary sewer system:
		(1)	Any liquid or vapor having a temperature higher than 150°F;
		(2)	Any water or waste containing more than 100 parts per million by weight of fat, oil, or grease;
		(3)	Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the waste water disposal system or to the operation of the system.  Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides;
		(4)	Any waste water having a pH of less than 5.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the waste water disposal system;
		(5)	Any waste water containing toxic pollutants, including pesticides and herbicides, in sufficient quantity, either single or by interaction with other pollutants, to inhibit or disrupt any waste water treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the waste water disposal system.  A toxic pollutant shall include but not be limited to any pollutant identified pursuant to § 307(a) of the Clean Water Act of 1977, as amended;
		(6)	Any garbage that has not been properly shredded;
		(7)	Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, plastics, wood, manure, or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage system;
		(8)	Any waters or wastes containing suspended solids of a character and quantity that unusual attention or expense is required to handle the materials at the sewage treatment plant;
		(9)	Any noxious or malodorous gas or substance capable of creating a public nuisance; and/or
		(10)	Grease, oil, and sand interceptors shall be provided when, in the opinion of the Building Official, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any inflammable wastes, sand, or other harmful ingredients; except that the interceptors shall not be required for private dwelling units which discharge only normal wastes.  Grease and oil interceptors shall be of substantial construction, watertight, and equipped with easily removable covers, which, when bolted in place, shall be gastight and watertight.  All grease, oil, and sand interceptors shall be maintained by the owner, at owner's expense, and in continuously efficient operation at all times.
	(B)	Substances prohibited.
		(1)	No person shall discharge or cause to be discharged directly or indirectly the following described substances to any public sewers unless, in the opinion of the city, the discharge will not harm the municipal sanitary sewer system facilities, nor cause obstruction to free flow in sewers, nor otherwise endanger life, limb, or public property, nor constitute a nuisance.  In forming its opinion as to the acceptability of the wastes, the city may give consideration to the factors as the materials or construction of the sewers, nature of the sewage treatment process, capacity of the municipal sanitary sewer system facilities, the city's S.D.S./N.P.D.E.S. permit and other pertinent factors.  City may make the determination either on a general basis or as a discharges from individual users or specific discharges, and may prohibit certain discharges from individual users because of unusual concentrations or combinations which may occur.
		(2)	The substances prohibited are:
			(a)	Any water or wastes containing strong acid, iron and pickling wastes, or concentrated plating solutions, whether neutralized or not;
			(b)	Any water or wastes containing phenols or other taste or odor-producing substances which constitute a nuisance or hazard to the structures, equipment, or personnel of the sewage works, or which interfere with the treatment required to meet the requirements of the state or federal government, or any other public agency with proper authority to regulate the discharge from the sewage treatment plant; and
			(c)	Any radioactive wastes or isotopes of the half-life or concentration that they are not in compliance with regulations issued by the appropriate authority having control over their use or may cause damage or hazards to the treatment works or personnel operating it.
	(C)	Water runoff discharge prohibited.  It shall be unlawful to discharge or cause to be discharged into the municipal sanitary sewer system, either directly or indirectly, any roof, storm, surface or ground water of any type or kind, or water discharged from any air conditioning unit or system.
(1997 Code, § 705.08)  Penalty, see § 10.99
§ 51.027  PRETREATMENT, CONTROL, AND REFUSAL OF EXTRAORDINARY WASTES.
	(A)	Generally.
		(1)	If any water or wastes are discharged, or are proposed to be discharged directly or indirectly to the public sewers, which water or wastes do not meet the standards set out in or promulgated under this section, or which in the judgment of the city may have a deleterious effect upon the treatment facilities, processes, equipment, and soil, vegetation, and ground water or which otherwise create a hazard to life, or constitute a public nuisance, the city may take all or any of the following steps:
			(a)	Refuse to accept the discharges;
			(b)	Require control over the quantities and rates of discharge;
			(c)	Require pretreatment to an acceptable condition for the discharge to the public sewers; and/or
			(d)	Require payment to cover the added cost of handling or treating the wastes.
		(2)	The design and installation of plant or equipment for pretreatment or equalization of flows shall be subject to the review and approval of the city, and subject to the requirements of 40 C.F.R. § 403, as it may be amended from time to time, entitled "Pretreatment Standards," and the Minnesota Pollution Control Agency.
	(B)	Operation and maintenance; preliminary treatment.  Where preliminary treatment, flow equalization, or interceptors are required for any water or waste, they shall be effectively operated and maintained continuously in satisfactory and effective condition by the owner at owner's expense and shall be available for inspection by the city at all reasonable times.
	(C)	Control; observation devices.
		(1)	When required by the city, the owner of any property services by a building sewer carrying industrial wastes shall install a suitable control structure together with the necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes.
		(2)	The structure and equipment, when required, shall be constructed at the owner's expense in accordance with plans approved by the city and shall be maintained by the owner so as to be safe and accessible at all times.
	(D)	Sampling.  All measurements, tests, and analysis of the characteristics of water and waste to which reference is made in this section shall be determined in accordance with 40 C.F.R. § 136, as it may be amended from time to time, "Guidelines Establishing Test Procedures for the Analysis of Pollutants"; the latest edition of Standard Methods for the Examination of Water and Waste Water and shall be determined at the control structure provided, or upon suitable samples taken at the control structure.  If no special structure has been required, the control structure shall be considered to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected.  Sampling shall be carried out by customarily accepted methods to reflect the effluent constituents and their effect upon the treatment works and to determine the existence of hazards to life, health, and property.  Sampling methods location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the city.
	(E)	Proof of compliance.  The owner of any property serviced by a building sewer carrying industrial wastes shall, at the discretion of the city, be required to provide laboratory measurements, tests, and analysis of waters or wastes to illustrate compliance with §§ 51.020 et seq. and any special condition for discharge established by the city or regulatory agencies having jurisdiction over the discharge.  The number, type, and frequency of sampling and laboratory analysis to be performed by the owner shall be as stipulated by the city.  The industry must supply a complete analysis of the constituents of the waste water discharge to assure that compliance with the federal, state, and local standards are being met.  The owner shall bear the expense of all measurements, analysis, and reporting required by the city.  At the times as deemed necessary, the city reserves the right to take measurements and samples for analysis by an outside laboratory.
	(F)	New connections; sufficient capacity.  New connections to the sanitary sewer system shall be prohibited unless sufficient flow capacity is available in all downstream facilities.
	(G)	Special considerations.  No statement contained in §§ 51.020 et seq. shall be construed as preventing any special agreement or arrangement between the city and any industrial concern where an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment for the special agreement/arrangement by the industrial concern, providing that National Categorical Pretreatment Standards and the city's N.P.D.E.S. and/or state disposal system permit limitations are not violated.
(1997 Code, § 705.09)  Penalty, see § 10.99
§ 51.028  TAMPERING WITH MUNICIPAL SANITARY SEWER SYSTEM PROHIBITED.
	No person shall maliciously, willfully, or negligently damage, destroy, uncover, deface, or tamper with any part of the municipal sewer system.
(1997 Code, § 705.10)  Penalty, see § 10.99
§ 51.029  ENTRY UPON PRIVATE PROPERTY.
	The Building Official, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties connected to the municipal sanitary sewer system for the purpose of inspection, observation, measurement, sampling, and testing in connection with the operation of the municipal sanitary sewer system.
(1997 Code, § 705.11)
§ 51.030  MAINTENANCE OF MUNICIPAL SANITARY SEWER CONNECTIONS.
	Each property owner shall be responsible at all times for the maintenance of owner's sewer connection to the municipal sanitary sewer system, and shall have the obligation to keep the connection in good repair, to the end that there shall be no interference or obstruction to the sewer system as a whole, nor shall there be any violation of this chapter, and the laws of the state.  The Building Official is authorized to make the inspections of the sewer connections as the Building Official may deem necessary to accomplish this purpose, and the property owner shall be responsible for carrying out the instructions as the Building Official deems necessary to accomplish this purpose.
(1997 Code, § 705.12)  Penalty, see § 10.99
§ 51.031  RATES AND CHARGES.
	Except as provided in §§ 51.020 et seq., the Council shall prescribe by resolution the rates to be charged for sewer service and the method of billing and payments.  Delinquent accounts may be assessed against the respective property served.
(1997 Code, § 705.13)
§ 51.032  ESTABLISHMENT OF STRENGTH CHARGES.
	(A)	The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the "Commission"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 (the "Acts"), as amended from time to time, and the regulations under the Act, has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in M.S. § 473.121, Subd. 24, as it may be amended from time to time) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, the sewer strength charge being in addition to the charge based upon the volume of discharge.  In order for the city to pay the costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is found, determined, and declared to be necessary to establish sewer strength charges and a formula for the computation of the charges for all industrial users receiving waste treatment services within or served by the city.  Furthermore, M.S. § 444.075, Subd. 3, as it may be amended from time to time, empowers the city to make the sewer charge a charge against the owner, lessee, occupant, or all of them and certify unpaid charges to the county auditor as a tax lien against the property served.
	(B)	For the purpose of paying the costs allocated to the city each year by the Metropolitan Waste Control Commission that are based on the strength of discharge of all industrial users receiving waste treatment service within or served by the city, in addition to sewer charge based on volume of discharge, a sewer charge upon each person, company, or corporation receiving waste treatment services within or served by the city, based upon strength of industrial waste discharged into the sewer system of the city, the charges referred to as "strength charge."
		(1)	Establishment of strength charge formula.  For the purpose of computation of the strength charge established by this section, there is established, approved, and adopted the same strength charge formula designated in Resolution No. 76-172 adopted by the Metropolitan Waste Control Commission on 6-15-1976, a formula based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment service provided by the commission.
		(2)	Strength charge payment.  The strength charge established by this section shall be paid by each industrial user receiving waste treatment services and subject to the charge before the twentieth day next succeeding the date of billing of the charge to the user by or on behalf of the city.  The payment of the charge shall be deemed to be delinquent if not paid to the billing entity before the date.  If the payment is not paid before the date an industrial user shall pay interest compounded monthly at the rate of 2/3 of 1% per month on the unpaid balance due.
		(3)	Establishment of tax lien.
			(a)	As provided by M.S. § 444.075, Subd. 3, as it may be amended from time to time, if payment of the strength charge established by this section is not paid before the sixtieth day next succeeding the date of billing of the charge to the industrial user by or on behalf of the city, the delinquent sewer strength charge, plus accrued interest, shall be deemed to be a charge against the property served, and the city or its agent shall certify the unpaid delinquent balance to the collection as other taxes are collected.
			(b)	The certification shall not preclude the city or its agent from recovery of the delinquent sewer strength charge and interest on the charge under any other available remedy.
(1997 Code, § 705.14)
COMMUNITY SEWAGE TREATMENT SYSTEM SERVICE CHARGE
§ 51.045  INTENT AND PURPOSE.
	Sections 51.045 et seq. is adopted for the purpose of:
	(A)	Setting forth the requirements for accruing revenues to enable the city to comply with the state and federal laws and to provide sufficient revenues to financially balance expenditures for the administration of those waste water systems within the city constructed with federal and state grant funds; and
	(B)	Charging those users of the waste water utilities within the city, which are constructed with federal and state grant funds, for the operation, maintenance, and replacement costs in proportion to use.
(1997 Code, § 710.02)
§ 51.046  REGULATIONS.
	(A)	The city has established a waste water service charge system whereby revenues collected from users of the waste water treatment facilities will be used to offset all expenditures incurred for administration, annual operation and maintenance, and equipment replacement.
	(B)	(1)	A passive maintenance program shall be required of all those properties utilizing individual onsite sewage treatment systems while all properties connected to community collection and treatment systems, cluster system, or individual off-site treatment systems shall be on the active maintenance program.
		(2)	For those properties on the passive maintenance program, the property owner shall be responsible for the cost of operating, maintaining, and replacing owner's system.  This will include arranging for all repairs and maintenance to septic tanks, pipes, pumps, controls, drain fields, as well as septic tank pumping.  The property owner shall report all problems and the steps taken to alleviate the problems to the City Administrator.  The city will supply inspection cards to the pumpers within the city.  When a septic tank is pumped, the tank will also be inspected by the pumper and the signed inspection card returned to the city.  The city shall, at regular intervals, and at least biennially, determine which septic tanks have not been inspected and/or pumped.  If owners on passive maintenance fail to pump their septic tanks or to return the inspection card, the city will, at its option, inspect the system and perform the required maintenance.  All costs of the inspection and maintenance shall be charged to the property owner.
		(3)	For those properties on the active maintenance program, the city shall be responsible for operating, maintaining, and replacing the collection and final treatment and disposal system.  The city shall arrange for all repairs and maintenance on sewers, lift stations, controls, and drain fields.  The property owner shall be responsible for all repairs and maintenance to septic tanks, including septic tank pumping, and to all individual pump stations and sewer pipes up to the collector sewer or final treatment and disposal system.  Unless otherwise prescribed, city ownership and the city's responsibility for conducting operation, maintenance, and replacement shall begin at the property line.
		(4)	If owners on active maintenance fail to pump their septic tanks or to return the inspection card, the city will, at its option, inspect the system and perform the required maintenance.  All costs of the inspection and maintenance shall be charged to the property owner.  Property owners shall report all problems to the City Administrator who will determine responsibility for their correction.  Damages caused by the abuse of the system by the property owner will be repaired by the city and assessed against the property owner.
		(5)	When it has been determined that maintenance and replacement is necessary on an individual or community sewage treatment system (apart from septic tank pumping addressed above), the maintenance and replacement shall be accomplished in a manner acceptable to the city.  Replacement parts, equipment, and appurtenances shall be of a design and quality acceptable to the city and shall be installed in a manner acceptable to the city and in conformance with requirements of State of Minnesota Rule 7080, "Individual Sewage Treatment Systems," as it may be amended from time to time.  In the absence of code provisions or in the amplification of code provisions, materials and procedures shall be as set forth in appropriate specifications of the A.S.T.M., and W.P.C.F. Manual of Practice No. 9.  Replacement effected on individual systems shall be reported to the sewer authority.
	(C)	Community sewage treatment system service charges will be established based on equivalent residential units (E.R.U.).  One E.R.U. is defined as a unit of waste water volume of 250 gallons per day with a theoretical waste strength of 250 mg/l of B.O.D. and 300 mg/l of total suspended solids.  The assignment of E.R.U.s will be made by the City Administrator in accordance with Tables I and II of Appendix A.
	(D)	In accordance with federal and state requirements, each user will be notified annually at the beginning of each calendar year of the user charge rates attributable to waste water treatment services.
	(E)	In accordance with federal and state requirements, the city will be responsible for maintaining all records necessary to document compliance with the waste water service charge system adopted.
(1997 Code, § 710.05)  Penalty, see § 10.99
§ 51.047  DETERMINATION OF COMMUNITY SEWAGE TREATMENT SYSTEM SERVICE CHARGE.
	(A)	Intent.
		(1)	It is the intent of §§ 51.045 et seq. that the user charges shall cover the costs of operating and maintaining the waste water systems, and that costs are recovered from all users in a proportionate manner.  The City Administrator shall maintain a proper system of accounts suitable for determining the operation and maintenance, equipment replacement, and debt retirement costs of the collection and treatment facilities.
		(2)	These costs shall be reviewed at regular annual intervals.  The city shall determine whether or not sufficient revenue is being generated for the effective operation and maintenance and management of the waste water system, and that user charges are being distributed proportionately to all users.  Any inequities and/or shortages shall be corrected by adjusting the rates accordingly by Council resolution.
		(3)	The annual user charge per equivalent residential unit is described as follows.
			(a)	User charge rate per equivalent residential unit:

			(b)	Where:
				1.	Uc = Annual User Charge;
				2.	Comr = Total Annual OM&R Costs;
				3.	ERU = Equivalent Residential Unit; and
				4.	Total ERUs = The total number of ERUs connected to community sewage treatment systems.
	(B)	Use formula.  All users shall be charged in accordance with the methodology described below.
		(1)	(a)	Individual off-site or clustered sewage treatment units:

			(b)	Where:
				1.	SCC = Sewer Service Charge;
				2.	Uc = User charge for operation, maintenance, and replacement;
				3.	Ac = Administration charge; and
				4.	#ERU = Number of ERUs assigned to a particular connection.
		(2)	(a)	Individual on-site sewage treatment units:

			(b)	Where:
				1.	SCC = Sewer service charge; and
				2.	Ac = Administration charge.
	(C)	Basis for annual user charge.  All users of the waste water treatment facilities shall be charged annually for sewer service based on the number of equivalent residential units assigned to each and based on whether the unit is seasonal or year-round.
	(D)	Additional requirements.
		(1)	If a user discharges toxic pollutants or wastes of unusual strength of character to the treatment facilities which cause or increase the operation and maintenance costs, the user shall be ordered either to install pretreatment facilities or pay for the extra costs of treating the wastes.
		(2)	This decision will be made by the City Administrator at the time the user begins to discharge extra strength wastes.
(1997 Code, § 710.06)
§ 51.048  DELINQUENT ACCOUNTS; REVOCATION.
	(A)	Delinquent accounts.  Any bill not paid for 4 weeks after date of billing shall be declared delinquent and a past-due notice shall be issued to the billed party.  The past-due notice shall contain an additional charge to cover the costs of the rebilling.  Additional delinquent notices including their respective charges shall be sent at 8 and 12 weeks after the billing date.  Should a bill still be delinquent after 120 days, the city may elect to take the following actions.
		(1)	Tax.  Whenever waste water service charge bills become delinquent, the amount due shall be certified to the City Auditor for inclusion with the following year's tax statement.
		(2)	Lien.  Whenever waste water treatment bills become delinquent, the same shall become and constitute a lien upon the real estate to which the sewer service is supplied.  Statements rendered for the charge shall be deemed notice to all parties, whether or not the person charged with the statement is the owner of the property served.  The claim for lien shall be made in the form of a sworn statement setting forth:
			(a)	A description of the real estate, sufficient for the identification of the real estate, upon or for which the sewage service was supplied;
			(b)	The amount of money due for the sewage service; and
			(c)	The date or dates when the amount or amounts became delinquent.  If all amounts shown due remain unpaid after recording as provided by state statutes, the city may foreclose the lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate.
		(3)	Civil action.
			(a)	In the alternative of levying a lien, the city may, at its discretion, file suit in a civil action to collect the amounts as are delinquent and due against the occupant or user of the real estate and shall collect, as well, all attorney's fees incurred by the city in filing the civil action.
			(b)	The attorney's fees shall be fixed by order of the court.
	(B)	Delinquent account penalties.  In addition to all penalties and costs attributable and chargeable to recording notices of the lien or filing a civil action, the owner or user of the real estate being served by the treatment works shall be liable for interest upon all unpaid balances at the rate of 12% per annum.
	(C)	Revocation.  The city reserves the right to revoke discharge permits and to disconnect service to any user whenever waste water treatment becomes delinquent.
(1997 Code, § 710.07)
§ 51.049  COMMUNITY SEWAGE TREATMENT SYSTEM SERVICE FUND.
	(A)	Purpose.
		(1)	The city, by §§ 51.045 et seq., establishes a "Sewer Service Fund" as an income fund to receive all revenues generated by the sewer service charge system, and all other income dedicated to the operation, maintenance, replacement, and construction of the waste water treatment works, including taxes, special charges, fees, and assessments intended to retire construction debt.
		(2)	The city also establishes the following accounts as income and expenditure accounts within the Sewer Service Fund:
			(a)	Operation and Maintenance Account;
			(b)	Equipment Replacement Account; and
			(c)	Debt Retirement Account.
	(B)	Management of funds.
		(1)	All revenue generated by the sewer service charge system, and all other income pertinent to the treatment system, including taxes and special assessments dedicated to retire construction debt, shall be held by the Clerk separate and apart from all other funds of the city.
		(2)	Funds received by the Sewer Service Fund shall be transferred to the Operation and Maintenance Account, the Equipment Replacement Account, and the Debt Retirement Account in accordance with state and federal regulations and the provisions of §§ 51.045 et seq.
	(C)	Replacement.  Revenue generated by the sewer service charge system sufficient to ensure adequate replacement throughout the design of useful life, whichever is longer, of the waste water facility shall be held separate and apart in the Equipment Replacement Account and dedicated to effecting replacement costs.  Interest income generated by the Equipment Replacement Account shall remain in the Equipment Replacement Account.
	(D)	Operation and maintenance.  Revenue generated by the sewer service charge system sufficient for operation and maintenance shall be held separate and apart in the Operation and Maintenance Account.
(1997 Code, § 710.08)
ALTERNATIVE WASTE DISPOSAL SYSTEMS; WETLAND TREATMENT SYSTEMS
§ 51.065  INTENT AND PURPOSE.
	(A)	Health, safety, and welfare.  The purpose of §§ 51.065 et seq. is to protect the health, safety, and welfare of the residents of the community, present and future.
	(B)	Contamination of surface/ground water.  The purpose of §§ 51.065 et seq. is to regulate the location, design, installation, use, and maintenance of alternative waste disposal systems so as to prevent the contamination of the surface and ground water within the community.
	(C)	Contamination of private water supply wells.  The intent of §§ 51.065 et seq. is to protect the individual water supply wells of the community from contamination by inadequate, improperly designed, located, installed, or maintained individual and community sewage treatment systems.
	(D)	Open space development.  The intent of §§ 51.065 et seq. is to allow subsurface flow "wetland treatment" systems to be an allowed alternative system within cluster developments.
(1997 Code, § 720.02)
§ 51.066  RULES.
	(A)	Specifications which apply.  Lake Elmo Municipal Code §§ 51.001 et seq. shall apply, except as provided below:  § 51.003(B)(1).  Each dwelling shall have its own sewage tank and a stilling tank shall be installed before the first cell.
	(B)	Location of systems.
		(1)	Setbacks.
			(a)	All components of a wetland treatment system within a new residential or commercial development, including stilling tanks, pump stations, and treatment cells, shall be located a minimum of 100 feet from any property line, and 200 feet from any existing or proposed home.  Stilling tanks may however be located 50 feet from a street right-of-way.
			(b)	Wetland treatment systems used to replace failed septic systems shall have setbacks considered reasonable for the site and the neighboring properties.
		(2)	Ground water.  Treatment cells shall have a minimum of 3 feet between the bottom of the cell and the ground water table.  Drain tile or French drains shall not be used to artificially lower the ground water table.
	(C)	System design.
		(1)	Designer.  Wetland treatment systems shall be designed by a registered professional engineer with experience and specific training in the design of these types of systems.
		(2)	Design flow.  Wetland treatment systems shall be sized based on a minimum of 50 gallons per day per person.
		(3)	Level of treatment.
			(a)	Wetland treatment systems shall be designed to remove total suspended solids (T.S.S.), phosphorous (P.), total nitrogen (T.N.), and fecal coliforms (F.C.), and reduce the 5-day carbonaceous biochemical oxygen demand (C.B.O.D.5).  Calculations showing the design level of treatment shall be submitted.
			(b)	Prior to discharge into the infiltration cell, the following discharge limits shall be met:
				1.	C.B.O.D.5 - 50 mg/l;
				2.	T.S.S. - 20 mg/l;
				3.	T.N. - 15 mg/l;
				4.	N.H.4 - 10 mg/l;
				5.	T.P. - 5 mg/l; and
				6.	F.C. - 200 mg/l.
			(c)	One foot below the infiltration cell, the following discharge limits shall be met:
				1.	C.B.O.D.5 - 0 mg/l;
				2.	T.S.S. - 0 mg/l;
				3.	T.N. - 5 mg/l;
				4.	N.H.4 - 1 mg/l;
				5.	T.P. - 1 mg/l; and
				6.	F.C. - 10 mg/l.
		(4)	Inspection points.  Inspection and monitoring ports shall be located within the system so that the water level can be determined, and a water sample can be easily taken in each treatment cell, and 1 foot below the infiltration cell.
		(5)	Operating plan.  An operating plan shall be developed by the designer.  This plan shall include standard operating procedures and maintenance of the system.
		(6)	Monitoring plan.
			(a)	Systems designed for greater than 1,500 gallons per day shall have a monitoring plan developed by the designer.  It shall include monitoring of sludge and scum levels in the septic tanks and pumping stations, effluent flow into the system.  Water quality exiting the first treatment cell shall be monitored to ensure that it meets the design level of treatment.  Monitoring 1 foot below the second treatment cell shall be done to ensure that it meets the design level of treatment.  Monitoring shall be conducted annually.
			(b)	The city shall be sent a copy of all test results.
		(7)	Mitigation plan.  The system designer shall develop a plan to follow in case expansion or abandonment of the system is necessary.
		(8)	City review.  The city shall review and approve all parts of the system design and associated plans prior to any construction taking place.  Once approval of the system is given, a permit shall be issued by the city.
	(D)	Construction.
		(1)	Sanitary sewers.  All sanitary sewers shall be constructed and tested in accordance with the City Engineers Association of Minnesota Standards for Utility Construction.
		(2)	Treatment cells; testing.
			(a)	Liners of treatment cells shall be visually inspected for tears, holes, or poor seams prior to placing rock.  A leak test shall be performed after the rock is in placed.  The liner shall be uncovered, repaired, and the test rerun if any leaks show up during this testing.
			(b)	A city representative shall be present for all treatment cell testing.
		(3)	Turf establishment; plant growth.
			(a)	The designer shall prepare a vegetation plan to establish a wetland community over the treatment cells.
			(b)	Prior to final acceptance, wetland plants shall display vigorous growth, and turf shall be established outside of the treatment cell area.
			(c)	No erosion shall be present on the site.
		(4)	Certification.  The system designer shall certify in writing to the city that the treatment system has been constructed in accordance with the approved plans and specifications, and that all test requirements have been met.  This certification must be received before start-up of the system.
(1997 Code, § 720.03)  Penalty, see § 10.99
CHAPTER 52:  SOLID WASTE
Section
Garbage, Refuse, Waste Materials, and Recycling
	52.01	Purpose
	52.02	State rules adopted
	52.03	Metropolitan Council Plan adopted
	52.04	Conflict
	52.05	Definitions
	52.06	Required collection of mixed municipal solid waste
	52.07	Disposal requirements
	52.08	Container required and placement
	52.09	License to collect required; exception
	52.10	Hauler equipment requirement
	52.11	Types of licenses
	52.12	Condition of a license
	52.13	Licensing procedure
	52.14	Insurance certificate
	52.15	Cash deposit or surety bond required of license
	52.16	License fee; expiration; transferability
	52.17	License revocation or suspension
	52.18	Payment of charges; notice of discontinuance of service
	52.19	Frequency of collections
	52.20	Burying and burning
	52.21	Rules and regulations
Composting
	52.40	Composting
Solid Waste Abatement/Recycling
	52.55	Purpose
	52.56	Definitions
	52.57	Curbside recycling
	52.58	Collection
	52.59	Participation
	52.60	Materials to be picked up at curbside
	52.61	Ownership
	52.62	Scavenging
	52.63	Land disposal of yard waste
	52.64	Ownership of compost
	52.65	City’s commitment to solid waste abatement
Open Fires Prohibited
	52.75	Adoption by reference
	52.76	Permits
Cross-reference:
	Waste Water Treatment Systems, see Ch. 51
	Water, see Ch. 50
GARBAGE, REFUSE, WASTE MATERIALS, AND RECYCLING
§ 52.01  PURPOSE.
	The general purpose of §§ 52.01 et seq. is for the following:
	(A)	To protect the public health, safety, comfort, convenience, and general welfare of the residents of the city;
	(B)	To establish powers, duties, rules, regulations, and standards for the removal of solid waste from the city;
	(C)	To promote a program to reduce waste materials purchased and promote yard waste reduction through separation of recyclables, yard and garden wastes; and encourages the purchasing of products that contain recycled or recyclable materials;
	(D)	To set minimum standards and requirements established by rules of the Minnesota Pollution Control Agency;
	(E)	To adopt the plans, policies, rules, standards, and requirements of the Metropolitan Council and Washington County regarding solid waste; and
	(F)	To provide for the administration of §§ 52.01 et seq.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.02  STATE RULES ADOPTED.
	Solid Waste Rules 7035 of the Minnesota Pollution Control Agency, as they may be amended from time to time, are hereby adopted by reference as part of §§ 52.01 et seq., as they apply to cities.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.03  METROPOLITAN COUNCIL PLAN ADOPTED.
	The Solid Waste Management Development Guide/Policy Plan of the Metropolitan Council of the Twin Cities Area, adopted March 1985, Publication No. 12-85-059, is hereby adopted by reference as part of §§ 52.01 et seq., as they apply to cities.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.04  CONFLICT.
	In case of conflict between §§ 52.01 et seq. and the Minn. Rules 7035, as it may be amended from time to time, or the Metropolitan Council Plan, the wording and meaning of the Minn. Rules 7035, as it may be amended from time to time, or the Metropolitan Council Plan shall prevail.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.05  DEFINITIONS.
	(A)	Unless specifically defined in §§ 52.01 et seq., common definitions, words, and phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage throughout this code.
	(B)	Definitions are found in § 11.01.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.06  REQUIRED COLLECTION OF MIXED MUNICIPAL SOLID WASTE.
	(A)	Every residential dwelling, multiple dwelling, and commercial/industrial establishment must be under a contract for at least weekly collection of mixed municipal solid waste.
	(B)	A residential dwelling, multiple dwelling, or commercial/industrial establishment may apply to the Council or its designee for an exemption from this requirement if the applicant presents a plan, acceptable to the Council or its designee, to ensure an environmentally sound alternative.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.07  DISPOSAL REQUIREMENTS.
	(A)	It shall be unlawful for any person, firm, or corporation to fail to dispose of garbage, refuse, and waste materials in a sanitary manner which may be or may accumulate upon property owned or occupied at least as often as hereinafter provided.  All garbage and refuse shall be stored out of sight of neighbors and not visible from the street, except with permission from the Building Inspector and then not longer than 72 hours.
	(B)	Targeted recyclables shall be source separated, placed in separate containers, and set out with the regular pick-up of garbage/refuse.  Recycling shall be voluntary at this time but the separation of targeted recyclables from the refuse is encouraged.  The hauler shall not landfill or incinerate any targeted recyclable materials collected, not sell, trade, or give materials to any person or business for the purpose of landfilling or incinerating the materials without the prior written consent of the city.
	(C)	Yard waste shall be separated from other refuse.
	(D)	Contractor's waste building materials, which accumulate on construction sites, must be contained within an enclosure to prevent matter from escaping.  Enclosures can be a fenced-in area or a dumpster.  The capacity of the enclosure must be sufficient for the project or planned removal (pick-ups) must be scheduled.  Waste materials cannot be stored in the structure.  Failure to contain and control waste building materials will result in a stop work order.
	(E)	Disposing of garbage, refuse, targeted recyclables, waste materials, or yard waste in an unregulated manner on any street, alley, drive, park, playground, or other public place or on any occupied or vacant privately owned lot shall constitute a violation of §§ 52.025 et seq., whether the material is discarded by the individual upon whose premises the material originates or whether it is discarded by some other person or collector, licensed or unlicensed.
	(F)	Any person, firm, business, or corporation that picks up garbage, refuse, waste materials for the City of Lake Elmo, including, but not limited to, its city office, city parks, City Maintenance Department, or City Fire Department must dispose of garbage, refuse, or waste materials at the Resource Recovery Facility in Newport, Minnesota.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.08  CONTAINER REQUIRED AND PLACEMENT.
	(A)	Every person, firm, or corporation who owns or occupies any residential dwelling, boarding house, multiple dwelling, restaurant, place of business, or other establishment where garbage is accumulated, who does not otherwise dispose of the garbage in a sanitary manner, shall provide 1 or more fly-tight containers sufficient to receive all garbage and other refuse which may accumulate between the time for collection hereinafter set forth.  Each can shall have an enclosed pail with handles, have a tightfitting cover, and be so anchored or fastened that it cannot easily be accidentally tipped over.
	(B)	The owners, operators, or managers of any multiple dwelling containing more than 4 rental dwelling units or of any firm or corporation where garbage or refuse accumulates in excess of 4 30-32 gallon containers per week may elect to have vat service weekly from a licensed hauler.  The vats shall be of a minimum capacity of 1 cubic yard and of any approved sanitary type with the proper attachments for lifting on to licensed trucks.
	(C)	Each person, firm, or corporation, unless supplied by the city or the hauler, shall provide 1 or more containers sufficient to retain all targeted recyclables, which may accumulate between the times for collection hereinafter, set forth.  The container shall be constructed so the contents can be lifted by suitable handles rectangular in shape and have a capacity of not to exceed 14 gallons for residential dwelling units.
	(D)	All garbage and refuse containers shall be placed as follows in residential areas.
		(1)	Except for collection day, all containers shall be located behind the front setback line of the dwelling or in the garage or screened from view from the street and at least 10 feet from any abutting dwelling.
		(2)	On collection day, except where vat or in-yard service is required, containers shall be placed at the curb, in a location easily accessible for motor vehicle pick-up.  Containers must be placed for pick-up before 7:00 a.m. on the day of collection to ensure service.  The hauler shall complete pick-ups by 7:00 p.m., unless emergency permission is granted by the City Administrator, and all containers must be removed no later than 8:00 p.m. on collection day.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.09  LICENSE TO COLLECT REQUIRED; EXCEPTION.
	(A)	No person, firm, or corporation, except city employees, shall collect garbage, refuse, recyclables, or waste materials belonging to another in the city without a license from the city.
	(B)	No person, firm, or corporation, except city employees, shall scavenge, sort through, or in any way handle the garbage, refuse, recyclables, or waste materials of another person, firm, or corporation without a license from the city or permission from the owner thereof.  Garbage, refuse, recyclables, and waste materials shall be considered the property of the generator until picked up by a hauler.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.10  HAULER EQUIPMENT REQUIREMENT.
	Hauler licenses shall be granted only upon the condition that the licensee have watertight packer-type vehicles or.  For recycling, haulers must have appropriate container vehicles in good condition to prevent loss in transit of liquid or solid cargo.  All vehicles used by haulers must be kept clean and as free from offensive odors as much as possible.  They shall not be allowed to stand in any street longer than reasonably necessary to collect garbage, refuse, and yard waste materials or recyclables.  They shall not be parked any place or in any manner that constitutes a traffic hazard of nuisance.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.11  TYPES OF LICENSES.
	(A)	There shall be 2 license categories defined by the type of account served.
		(1)	Commercial refuse/recycling residential dwelling.  A commercial refuse/recycling license is required for any hauler that serves commercial establishment(s) as defined in § 11.01.
		(2)	Residential refuse/recycling.  A residential refuse/recycling license is required for any hauler that serves residential dwelling(s) as defined in § 11.01.
	(B)	Residential refuse/recycling and commercial refuse/recycling licensees shall provide refuse pickup and recycling on the same day.
	(C)	Every licensed hauler shall offer collection and disposal of yard waste, unless otherwise provided by Council action.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.12  CONDITION OF A LICENSE.
	(A)	It shall be unlawful for a licensed hauler to operate on residential streets in the city on any day, except for regularly scheduled collections, to collect a missed pick-up, a special pick-up or when an observed holiday falls within that week.
	(B)	The Council, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to limit the number of licenses issued within the city.
	(C)	Each applicant shall file with the City Administrator, before a license is issued or renewed, a schedule of proposed rates to be charged during the licensed period for which the application is made.
	(D)	Every licensee shall notify customers 30 days n advance of any rate increase and provide written notification of any rate increase to the City Administrator 15 days prior to notification of the customer of the increases.
	(E)	Residential refuse/recycling licenses rates shall include a minimum of 2 levels of regular service, priced on the basis of volume beginning at a volume of 32 gallons or less and in increments of 32 gallons or less.  Residential refuse/recycling licenses shall also include a cost for curbside recycling.
	(F)	Commercial refuse/recycling licenses rates shall also include a cost for curbside recycling.
	(G)	No hauler shall exceed weight limits established by the city.
	(H)	No hauler shall operate in a residential district after 7:00 p.m. or before 7:00 a.m. on any day, and no hauler shall operate in a residential district on Sunday.
	(I)	Each vehicle for which a hauler's license is issued shall exhibit the license in a prominent position on the vehicle.
	(J)	All residential refuse/recycling and commercial refuse/recycling license holders shall report to the city on a form provided for the purposes, the recycling yard waste abated from the landfills and other recycling information requested.  The reports shall be submitted quarterly and submitted to the city on or by January 10, April 10, July 10, in October 10.  The penalty for not submitting the reports shall be $500 for the first offense, $500 plus an appearance before the City Council for the second offense, and automatic license revocation for the third offense.
	(K)	All licensee employees shall report to the licensees any violations of §§ 52.01 et seq. they observe in the performance of their work and the licensees shall report all the violations to the city's Code Enforcement Officer.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.13  LICENSING PROCEDURE.
	(A)	Any person desiring a hauler license shall make application for the same to the City Administrator upon a form prescribed by the Council.  The application shall at a minimum set forth the name and address of the applicant, a list of the equipment which the hauler proposes to use in the collection, the portion of the city in which collections are to be made, and the other information as the city may require.  The application shall be submitted to the City Administrator for investigation and report.
	(B)	(1)	The City Administrator shall review the application and make a recommendation for approval/denial to the City Council.
		(2)	The City Council, after any additional investigation it deems necessary, shall approve or deny the application.
	(C)	To control the number of heavy trucks that use city streets, to reduce the wear of those streets, to reduce air and noise pollution, and to reduce the traffic hazard in residential neighborhoods where children play, the city shall not issue more than 10 licenses for residential refuse/recycling, as defined in § 11.01.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.14  INSURANCE CERTIFICATE.
	Before a license shall be issued, the applicant shall file with the City Administrator an executed indemnification in the form provided by the City Administrator and proof of insurance as filed with Washington County, in an amount and in the form as shall be established from time to time by resolution of the City Council.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.15  CASH DEPOSIT OR SURETY BOND REQUIRED OF LICENSE.
	The applicant shall deposit with the City Administrator the sum of $3,000 or, in the alternative, shall file with the City Administrator a surety bond in an amount of $3,000.  The condition of the bond shall bind the holder of the license to comply with all applicable provisions of this chapter and the other items as maybe imposed by the Council.  The Council based on a review and favorable recommendation of the City Attorney shall approve the bond.  Where a cash deposit is used, all or any part thereof may be subject to forfeiture in case of the violation of any provisions of §§ 52.01 et seq.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.16  LICENSE FEE; EXPIRATION; TRANSFERABILITY.
	(A)	The fees for a license required by §§ 52.01 et seq. shall be established from time to time by resolution of the City Council.
	(B)	Every license shall expire on December 31 next after its issuance.
	(C)	The fee for part of a year shall be prorated.
	(D)	No license shall be issued for more than 1 year.
	(E)	The license shall not be transferable from 1 person to another.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.17  LICENSE REVOCATION OR SUSPENSION.
	(A)	(1)	Every license required by §§ 52.01 et seq. may be revoked, suspended, or a civil fine of not more than $2,500 imposed by the Council for a violation of any law or regulation pertaining to solid waste adopted by the city, county, or state.
		(2)	If the county revokes or suspends any hailer's license, the city license, in case of revocation, shall be automatically terminated without any further action of the city, or, in case of suspension, the city license shall also be automatically suspended for the same length of time, without further actions of the city.
	(B)	No suspension or revocation takes effect until the licensee has been afforded an opportunity for a hearing under M.S. §§ 14.57 to 14.69 of the Administrative Procedure Act, as they may be amended from time to time.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.18  PAYMENT OF CHARGES; NOTICE OF DISCONTINUANCE OF SERVICE.
	The expense of collection shall be paid to the licensed hauler at intervals as may be determined by the licensed hauler.  The licensed hauler shall notify the Code Enforcement Officer and the City Administrator of the discontinuance of service to any premises with a 5-day notice prior to service being discontinued, if possible, but no later than the date service is actually discontinued.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
§ 52.19  FREQUENCY OF COLLECTIONS.
	Each licensed hauler shall make collections of garbage and refuse, and recyclables at least weekly, or more often as sanitary conditions warrant as determined by the Code Enforcement Officer. Single-sort residential recycling shall be collected at least bi-weekly.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999; Am. Ord. 97-128, passed 5-18-2004)  Penalty, see § 10.99
§ 52.20  BURYING AND BURNING.
	No person shall bury any garbage within the city, no person shall bum garbage except in an incinerator located within a residence or other building, and that conforms to the requirements of the State of Minnesota.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)  Penalty, see § 10.99
§ 52.21  RULES AND REGULATIONS.
	The City Council, by resolution, shall have the authority to make rules and regulations concerning type and location of waste containers, the collection of yard and garden wastes and recyclables, license applications and the information required, and any other matter concerning solid waste management which is not in conflict with this chapter.
(1997 Code, § 800.02)  (Am. Ord. 97-41, passed 9-21-1999)
COMPOSTING
§ 52.40  COMPOSTING.
	All yard waste collected or concentrated by any individual shall be disposed at a licensed compost site or on site providing the following compliance with the following regulations are complied with.
	(A)	Location of compost. The compost shall be located in the rear yard of the property, be at least 5 feet from lot lines, outside any drainage easement, and be placed no closer than 50 feet to any adjacent habitable building, other than the residents own home.
	(B)	Prohibited ingredients. None of the following materials shall be placed on the property for composting:  meat, bones, fat oils, dairy products, whole branches or logs, plastics, synthetic fibers, human or pet wastes, or diseased plants.
	(C)	Proper maintenance required.
		(1)	Compost shall be properly managed to minimize odor generation and promote effective decomposition of the material.
		(2)	The operation of composting in a manner that results in objectionable odors and/or the placing of prohibited materials for composting to create a health hazard is considered a public nuisance.
(1997 Code, § 800.03)  (Am. Ord. 97-41, passed 9-21-1999) Penalty, see § 10.99
SOLID WASTE ABATEMENT/RECYCLING
§ 52.55  PURPOSE.
	(A)	The purpose of the policies set forth within §§ 52.55 et seq. is to reduce the amount of solid waste sent to landfills through source separation of recyclable items.
	(B)	Sections 52.55 et seq. is intended to serve several purposes:
		(1)	To raise the public's awareness of recycling and to make recycling services available to city residents;
		(2)	To encourage recycling activity within the city; and
		(3)	To be prepared for a seemingly inevitable mandatory source separation ordinance which may occur at the discretion of the city, the county, and/or the state.
(1997 Code, § 805.01)
§ 52.56  DEFINITIONS.
	Unless specifically defined §§ 52.55 et seq., common definitions, words, or phrases used in §§ 52.55 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code.  Definitions are found in § 11.01.
(1997 Code, § 805.02)
§ 52.57  CURBSIDE RECYCLING.
	(A)	The city has initiated a program in which every resident within the city is afforded the opportunity to voluntarily separate recyclable solid waste.
	(B)	The city will provide curbside pickup of recyclables based on the following conditions.
(1997 Code, § 805.03)
§ 52.58  COLLECTION.
	All collection of recyclables shall be at curbside on the boulevard, in a clearly identifiable manner to be designated by the city staff.
(1997 Code, § 805.04)  Penalty, see § 10.99
§ 52.59  PARTICIPATION.
	The initial curbside collection of recyclables shall be voluntary.  This program may be supported by mandatory source separation at the discretion of the city, the county, or the state, pending further analysis.
(1997 Code, § 805.05)
§ 52.60  MATERIALS TO BE PICKED UP AT CURBSIDE.
	(A)	Items to be collected and instructions for preparation shall be uniform throughout the city.
	(B)	Material to be collected shall include, but not be limited to, the following:
		(1)	Newspapers;
		(2)	Corrugated cardboard;
		(3)	Glass (clear, green, and brown);
		(4)	Aluminum and bi-metal cans;
		(5)	Batteries;
		(6)	Special items; and
		(7)	Tires will be picked up with recyclables at a cost determined by the city and the contracted recycler.
(1997 Code, § 805.06)  Penalty, see § 10.99
§ 52.61  OWNERSHIP.
	(A)	Ownership of recyclable materials set out for the purpose of participating in curbside recycling programs shall remain that of the person or household from which the materials originated until collected by authorized collector.
	(B)	Upon removal by the city or its designated agents or contractors from a designated collection point, ownership of properly prepared and stored recyclable materials intended for a city authorized collection program shall be vested in the authorized collector.
	(C)	Materials not prepared, cleaned, or stored according to city specifications shall remain the responsibility and property of the individuals or household from which the materials originated.
	(D)	Nothing in §§ 52.55 et seq. shall abridge the right of any individual or household to give or sell their recyclable materials to any recyclable material program.
(1997 Code, § 805.07)
§ 52.62  SCAVENGING.
	(A)	Unauthorized collection or "scavenging" may reduce the volumes of material collected as part of a designated program and thereby threaten the economic viability of the authorized program.  Scavenging may also cause confusion among participating residents and thereby disrupt the publicity and educational processes of an authorized program.
	(B)	To ensure that a designated recycling program will be implemented in an orderly fashion and to avoid adverse effects on the public health, welfare, safety, and environment, it shall be unlawful for any person who is not authorized by the city to take or collect recyclable material set out for authorized collection programs within the city.
(1997 Code, § 805.08)  Penalty, see § 10.99
§ 52.63  LAND DISPOSAL OF YARD WASTE.
	(A)	The Minnesota Waste Management Act of 1980 prohibits the deposit of yard waste:
		(1)	In mixed municipal solid waste;
		(2)	In a disposal facility; and/or
		(3)	In a resource recovery facility except for the purposes of composting or co-composting.
	(B)	In compliance with this state law, the city shall prohibit the deposit of yard waste:
		(1)	In mixed municipal solid waste;
		(2)	In a disposal facility; and/or
		(3)	In a resource recovery facility except for the purposes of composting or cocomposting.
	(C)	The city will provide to its residents a place at which uncontaminated leaves and grass clippings may be deposited.  This site, to be known as "the Lake Elmo Compost Site," will be open to the residents of the city on a regularly scheduled basis.
	(D)	Residents who use the compost site for the deposit of uncontaminated leaves and grass clippings shall remove from the site any bags or containers in which yard waste was brought to the site.
(1997 Code, § 805.09)
§ 52.64  OWNERSHIP OF COMPOST.
	(A)	The uncontaminated leaves and grass clippings deposited at the city compost site shall remain the property of the city.  However, it is the intent of the city to make available to the general residential public the finished compost, on a first come, first serve basis.
	(B)	No motorized loading equipment, other than that used by the city, is allowed on the premises at any time for the purpose of obtaining finished compost without the approval of the city.
(1997 Code, § 805.10)  Penalty, see § 10.99
§ 52.65  CITY'S COMMITMENT TO SOLID WASTE ABATEMENT.
	The city is firmly dedicated to the education of the public on the importance of natural resources protection and preservation, and the many environmentally and socially responsible ways in which the resources should be used and enjoyed.
(1997 Code, § 805.11)
OPEN FIRES PROHIBITED
§ 52.75  ADOPTION BY REFERENCE.
	The ambient air quality standards, air pollution control regulations of the Minnesota Pollution Control Agency (M.P.C.A.), and the Open Burning Restrictions and Permitting Regulations of the Department of Natural Resources (D.N.R.) are adopted by reference, and have the same force and effect as if they were reproduced in their entirety.
(1997 Code, § 810.01)  (Am. Ord. 97-80, passed 5-5-2001)
§ 52.76  PERMITS.
	Open fires are prohibited provided thqat a recreational fire is allowed upon issuance of a permit by the Lake Elmo Fire Chief or the Fire Chief’s designee.
(1997 Code, § 810.02)  (Am. Ord. 97-80, passed 5-5-2001; Am. Ord. 97-116, passed 4-1-2003)  Penalty, see § 10.99
CHAPTER 53:  STORM WATER MANAGEMENT UTILITY
Section
	53.01	General operation
	53.02	Surface water management utility equations
	53.03	Surface water management fee
	53.04	Credits
	53.05	Exemptions
	53.06	Statement of surface water management charges
	53.07	Appeal of fee
	53.08	Delinquent payments
	53.09	Annual certification of delinquent accounts
§ 53.01  GENERAL OPERATION.
	(A)	The municipal surface water system shall be operated as a public utility (hereinafter called the surface water management utility), pursuant to M.S. § 444.075, as it may be amended from time to time, from which revenues will be derived subject to the provisions of this chapter and Minnesota Statutes.
	(B)	In general, revenue from the surface water utility shall be used for preparation of a Surface Water Management Plan, maintenance of existing ditches, culverts, pond, and storm sewers, capital improvement in developed areas, equipment, planning, inventories, and water quality improvements, including weed control.
(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011)
§ 53.02  SURFACE WATER MANAGEMENT UTILITY EQUATIONS.
	The utility charge (UC) shall be reviewed and determined annually by the City Council. The utility equation for various land uses to determine the surface water management fees are assigned as follows.
Property Class Code	Current Land Use	Utility Factor
(multiplied by the utility charge (UC)	
151-208,402	Residential	1.0 * UC per Lot	
101-111, 401	Agricultural	3.0 * UC ÷ 40 * Total Acres	
210	Manufactured Home Park	0.52 * UC per Acre	
230, 231, 233-241	Commercial/Industrial	3.08 * UC per Acre	
250-252	Vacant Land	0.15 * UC per Acre	
232	Golf/Park	0.35 * UC per Acre	
900-999	School/Church	1.12 * UC per Acre	
-	Conditional Use Permit	Site Specific	

(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011)
§ 53.03  SURFACE WATER MANAGEMENT FEE.
	Surface water management fees shall be established for a period of time as set by City Council resolution.
(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011)
§ 53.04  CREDITS.
	Surface water management fee adjustment credits. 
	(A)	The City Council, upon report and recommendation of the City Administrator, Finance Director and Public Works Director, shall apply a credit to a property owner’s surface water management fee provided the property owner has contributed to the management of surface water through intentional acts of retaining or re-using surface water to have a minimal impact on the municipal surface water management system or surface waters of the State of Minnesota. The Council may apply a 25% to 75% credit based on the property owner’s employment of surface water retention practices in accordance with § 150.277. These practices include the installation of:
		(1)	Rain barrel;
		(2)	Rain garden;
		(3)	Retention pond;
		(4)	Swales, ditches or man-made watercourses;
		(5)	Riparian area plantings;
		(6)	Other practices that may be deemed as intentional detention of surface water run-off.
	(B)	The City Council, may grant a one-time or ongoing credit based the effectiveness of the surface water retention as it relates to the management of the municipal surface water management system as a whole. For practices, such as rain gardens constructed in the adjacent right-of-way, the City Council may grant an ongoing credit in exchange for the adjacent property owner’s participation in the maintenance of the surface water retention device. This credit will not exceed 50% of the annual surface water management fee.
	(C)	The City Council, upon the report and recommendation of the City Administrator and Finance Director, may apply a financial hardship credit of no greater than 75% based on a review of the property owner’s ability to pay.
(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011; Am. Ord. 12-057, passed 5-15-2012)
§ 53.05  EXEMPTIONS.
	The following land uses are exempt from the surface water management fee:
	(A)	Public right-of-way;
	(B)	Parks;
	(C)	Lakes; and
	(D)	Railroad property.
(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011)
§ 53.06  STATEMENT OF SURFACE WATER MANAGEMENT CHARGES.
	Statements for the preceding yearly surface water management service shall be mailed to each customer on or before March 5.
(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011)
§ 53.07  APPEAL OF FEE.
	(A)	If a property owner or person responsible for paying the surface water management fee believes that a particular assigned fee is incorrect, the person may request that the fee be recomputed.
	(B)	Appeals will be heard once a year, in a manner determined by the Council in accordance with the schedule established for credit applications, in established city policy.
(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011)
§ 53.08  DELINQUENT PAYMENTS.
	A penalty equal to $5 or 10% of the amount due, whichever is greater, shall be added to accounts not paid in full on or before May 1.
(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011)
§ 53.09  ANNUAL CERTIFICATION OF DELINQUENT ACCOUNTS.
	(A)	Each year the city staff shall prepare a list of delinquent surface water management service charge accounts, including accrued penalties thereon, in the form of an assessment roll.
	(B)	On or before October 1 of each year, the City Council shall review the delinquent surface water management service charge assessment roll and adopt an appropriate resolution directing that the assessment roll be certified to the County Auditor as a lien against the premises served and directing that the County Auditor collect the assessment as part of the ensuing year’s tax levy.
(Ord. 97-122, passed 7-15-2003; Am. Ord. 08-041, passed 4-5-2011)
CHAPTER 54:  ENVIRONMENTAL COMMISSION
Section
	54.01	Establishment
	54.02	Purpose
	54.03	Composition; appointment and terms of members
	54.04	Residency requirement
	54.05	Organization
	54.06	Commission meetings and records
	54.07	Commissioner to attend City Council meetings
	54.08	Duties
	54.09	Commission expenditures
	54.10	Removal of Commission members for nonattendance
§ 54.01  ESTABLISHMENT.
	An Environmental Commission for the city is hereby established.
(Ord. 97-97, passed 1-15-2002)
§ 54.02  PURPOSE.
	The general purpose of the Commission is to assist the City Council in establishing plans, policies, and procedures in matters affecting the environment.  This will include, but not be limited to:  the orderly disposal of solid waste, recycling, composting, storm water runoff, water quality improvements, wetland conservation and management, air quality, ground water (drinking), tree preservation, and quality of the environment and natural resources.  Additionally, the Commission may assist in educational tasks and other environmental interests and concerns that Council deems appropriate.  All conclusions reached by the Commission shall serve as recommendations and powers of execution shall be vested in the Council.
(Ord. 97-97, passed 1-15-2002)
§ 54.03  COMPOSITION; APPOINTMENT AND TERMS OF MEMBERS.
	(A)	The Environmental Commission shall consist of 5 regular members, appointed by the Council for 3-year terms.  The initial term for appointments to the Commission shall be staggered so that only 1 new appointment or re-appointment need to be made in any 1 year.  Commission members must be voting age residents of the city.  Vacancies during a term due to resignation or removal from the Commission shall be filled by a Council appointment for the remainder of the unexpired term.  Resignation of Environmental Management Commission members shall be submitted in writing to the Council.  A majority of the serving members shall constitute a quorum.
	(B)	At their discretion, the Council may appoint up to 2 ex officio members and up to 2 student representatives to serve on the Commission.  The individuals shall serve in an advisory role without voting privileges and do not need to meet the age or residency requirements for a Commissioner.
(Ord. 97-97, passed 1-15-2002)
§ 54.04  RESIDENCY REQUIREMENT.
	No person appointed to represent the residents shall continue to serve on the Commission once that member has taken residence outside of the corporate limits of the city.  A resignation shall be submitted to the Council in this instance.
(Ord. 97-97, passed 1-15-2002)
§ 54.05  ORGANIZATION.
	Officers of the Environmental Commission shall be the Chair and Vice-Chair.  These officers shall be elected annually by the members of the Commission at the first meeting in January.  The Environmental Management Commission may elect the other officers as may be necessary and may give the Chair the authority to appoint and change committees if the appointments might become necessary.  The Environmental Management Commission shall provide for the date, time, and location for meeting.
(Ord. 97-97, passed 1-15-2002)
§ 54.06  COMMISSION MEETINGS AND RECORDS.
	The Environmental Commission shall hold regular meetings as established by the Commission and approved by the Council.  These meetings shall be open to the public.  The Environmental Management Commission shall submit to the Council written minutes of its meetings and actions.
(Ord. 97-97, passed 1-15-2002)
§ 54.07  COMMISSIONER TO ATTEND CITY COUNCIL MEETINGS.
	The Environmental Commission shall have 1 or more of its members present at all pertinent Council meetings.
(Ord. 97-97, passed 1-15-2002)
§ 54.08  DUTIES.
	It shall be the duty of the Environmental Commission:
	(A)	To assist the Council in developing and reviewing policies, plans, reports, regulations, and other matters affecting solid waste disposal, recycling, composting, storm water runoff, water quality improvements, or other areas affecting the environment that may be assigned by the Council;
	(B)	To advise the Council and residents on solid waste disposal, recycling, composting, storm water runoff, water quality improvements, or other issues affecting the environment;
	(C)	To assist in the collection of background data to determine goals, policies, and programs that will maintain or improve the environment in the city;
	(D)	To assist in preparing public education materials and methods on solid waste disposal, recycling, composting, storm water runoff, water quality improvements, and other issues affecting the environment;
	(E)	To recommend additional methods, policies, or procedures that will reduce the solid waste stream, expand recycling, and/or improve the orderly disposal of solid waste;
	(F)	To hold public meetings; and
	(G)	To cooperate with other agencies, commissions, and volunteer organizations to achieve common goals related to solid waste and the environment.
(Ord. 97-97, passed 1-15-2002)
§ 54.09  COMMISSION EXPENDITURES.
	The expenditures of the Environmental Commission shall be within amounts appropriated for the purpose by the Council, provided, however, that all expenditures are duly authorized through normal administrative purchasing policies.
(Ord. 97-97, passed 1-15-2002)
§ 54.10  REMOVAL OF COMMISSION MEMBERS FOR NONATTENDANCE.
	Given that the Council expects diligence in attendance by the members of the Environmental Management Commission at Commission meetings, excessive absences will be considered as grounds for removal from the Commission.  Excessive absences may be considered as absence from more than 1/3 of the meetings, or absence from 3 or more consecutive meetings.
(Ord. 97-97, passed 1-15-2002)