DULUTH/NORTH SHORE SANITARY DISTRICT
ORDINANCE NO. 1

ARTICLE II
GENERAL PROVISIONS
Section 2.1 Purpose
Section 2.2 Construction
Section 2.3 Standard Methods
Section 2.4 Severability
Section 2.5 Amendments

ARTICLE III
CREATION; MANAGEMENT
Section 3.1 Creation
Section 3.2 Management

ARTICLE IV
USE OF PUBLIC SEWERS REQUIRED
Section 4.1 Service Connection Required
Section 4.2 Failure to Connect
Section 4.3 Private Facilities Unlawful
Section 4.4 Special Exemption

ARTICLE V
ON-SITE WASTEWATER DISPOSAL SYSTEMS USE AND ABANDONMENT
Section 5.1 Unavailability of Public Sewers
Section 5.2 Construction of On-site Wastewater Disposal Systems
Section 5.3 Compliance with County Requirements
Section 5.4 Operation and Maintenance of On-site Wastewater Disposal Systems
Section 5.5 Additional Legal Requirements
Section 5.6 Reservation of Powers

ARTICLE VI
PERMITS; LICENSES; APPLICATIONS
Section 6.1 Permits Required
Section 6.2 License Required
Section 6.3 License Revocation
Section 6.4 Additional Information
Section 6.5 Disclosure of Information
Section 6.6 Rules and Regulations

ARTICLE VII
BUILDING SEWERS AND CONNECTIONS; DESIGN
Section 7.1 Building Sewers
Section 7.2 Excavations must be Guarded

ARTICLE VIII
USE OF PUBLIC WASTEWATER TREATMENT FACILITIES
Section 8.1 Unpolluted Water
Section 8.2 Septage
Section 8.3 Prohibited Substances
Section 8.4 Other Discharges
Section 8.5 Lower Limitations
Section 8.6 Grease, Oil and Sand Interceptors
Section 8.7 Pretreatment
Section 8.8 Metering and Testing of Waste
Section 8.9 Dilution of Discharges
Section 8.10 Accidental Discharges
Section 8.11 Contracts with Users

ARTICLE IX
DAMAGE TO THE FACILITIES; REMEDIES
Section 9.1 General
Section 9.2 Deposits or Obstructions
Section 9.3 Unauthorized Discharges
Section 9.4 Emergency Repairs
Section 9.5 Charge for District Expenses

ARTICLE X
POWERS AND AUTHORITY OF INSPECTORS
Section 10.1 Right of Entry
Section 10.2 Indemnification
Section 10.3 Easements

ARTICLE XI
SEWER SERVICE CHARGE SYSTEM;SEPTAGE SERVICE CHARGE SYSTEM; SEWER FUND
Section 11.1 Systems Established
Section 11.2 Charges
Section 11.3 Sewer Service Fund Established
Section 11.4 Administration of the Sewer Service Fund
Section 11.5 Metering

ARTICLE XII
PENALTIES FOR ORDINANCE VIOLATION
Section 12.1 Notice
Section 12.2 Fines and Penalties
Section 12.3 Collection
Section 12.4 Liability
Section 12.5 Enforcement Alternatives

ARTICLE XIII
VALIDITY
Section 13.1 Effect
Section 13.2 Inconsistency

DULUTH/NORTH SHORE SANITARY DISTRICT ORDINANCE NO. 1

AN ORDINANCE CREATING A SEWER UTILITY; REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS; ESTABLISHING METHODS FOR A SEWER SERVICE CHARGE SYSTEM AND A SEPTAGE SERVICE CHARGE SYSTEM; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE REGULATIONS HEREIN DEFINED

The Board of Managers of the Duluth/North Shore Sanitary District (the "District") ordains as follows:

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ARTICLE I
DEFINITIONS

Unless the context specifically indicates otherwise, the terms used in this Article have the meanings hereby designated:

Section 1.1 Act: The Federal Water Pollution Control Act, also referred to as the Clean Water Act, as amended, 33. U.S.C. 1251 et seq.

Section 1.2 Biochemical Oxygen Demand or BOD: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 degrees Centigrade and as expressed in terms of milligrams per liter (mg/l).

Section 1.3 Board: The Board of Managers of the District. The Board is the governing body of the District.

Section 1.4 Building Drain: That point of a building that conveys Wastewater to the Building Sewer, beginning 3 feet outside the building wall.

Section 1.5 Building Sewer: The extension from the Building Drain to the Public Sewer, On-site Wastewater Disposal System or other place of disposal.

Section 1.6 City of Duluth: The City of Duluth, a municipal corporation and political subdivision in Saint Louis County, Minnesota and its successors and assigns.

Section 1.7 Commercial User: Any user whose discharges, singly or by interaction with other wastes:

a. exceed NDSW limitations; or
b. exceed normal residential unit volumes of Wastewater as established by the State.

Section 1.8 County: Saint Louis County, a body politic and corporate and political subdivision of the State and its successors and assigns.

Section 1.9 Debt Service Charge: A charge to users of the Wastewater Treatment Facilities for the purpose of repaying capital costs.

Section 1.10 Flow: The quantity of Wastewater.

Section 1.11 Industrial User: Any user whose discharges, singly or by interaction with other wastes:

a. contaminate the sludge of the Wastewater Treatment Facilities;
b. injure or interfere with the treatment process;
c. create a public nuisance or hazard;
d. have an adverse effect on the waters receiving Wastewater Treatment Facilities discharges;
e. exceed NDSW limitations; or
f. exceed normal residential unit volumes of Wastewater as established by the State.

Section 1.12 Infiltration/Inflow or I/I: Water other than Wastewater that enters the Sewer system from the ground or from surface runoff, as defined in Minnesota Rules.

Section 1.13 Load: Quantities of Wastewater characteristics such as BOD, TSS, phosphorus or other constituents.

Section 1.14 MPCA: The Minnesota Pollution Control Agency.

Section 1.15 National Categorical Pretreatment Standards: Federal regulations establishing Pretreatment standards for introduction of pollutants in publicly-owned Wastewater Treatment Facilities, found at Section 307(b) of the Act.

Section 1.16 National Pollutant Discharge Elimination System Permit or NPDES Permit: A permit issued by the MPCA, setting limits on pollutants that a permittee may legally discharge pursuant to Sections 402 and 405 of the Act.

Section 1.17 Natural Outlet: Any outlet, including Storm Sewers and combined Sewers, which flows into a water course, pond, ditch, lake or other body of surface water or ground water.

Section 1.18 Non-residential User: A user of the Wastewater Treatment Facilities whose building is not used as a private residence and discharges NDSW.

Section 1.19 Normal Domestic Strength Waste or NDSW: Wastewater that is introduced primarily by Residential Users with BOD concentrations not greater than 300 mg/l and TSS concentrations not greater than 300 mg/l.

Section 1.20 On-site Wastewater Disposal System: An arrangement of devices or structures for treating domestic or non-domestic Wastewater approved for use by applicable regulations of the State or County.

Section 1.21 Operation, Maintenance and Replacement Costs or OM&R: Expenditures necessary to provide for the dependable, economical and efficient functioning of the Wastewater Treatment Facilities throughout its design life, including operator training and permit fees. Replacement refers to equipment replacement costs, not the cost of future replacement of the entire facility.

Section 1.22 Permit: Written authorization from the District to perform acts allowed or required by this Ordinance.

Section 1.23 Person: Any individual, firm, company, association, society, corporation (municipal or otherwise) or other group discharging Wastewater to the Wastewater Treatment Facilities.

Section 1.24 pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Section 1.25 Pretreatment: The treatment of Wastewater prior to introduction thereof in to the District or the WLSSD Wastewater Treatment Facilities.

Section 1.26 Public Sewer(s): Any Sewer or pumping facility owned or operated by the District or the WLSSD.

Section 1.27 Residential User: A user of the Wastewater Treatment Facilities whose building is used primarily as a private residence and discharges NDSW.

Section 1.28 Sanitary District or District: The Duluth/North Shore Sanitary District formed and operated pursuant to Minnesota Laws, Chapter 115, Sections 115.18 through 115.37.

Section 1.29 Sanitary Sewer: A Sewer designed to carry only liquid and water-carried wastes from residential, non-residential, commercial and industrial sources.

Section 1.30 Service Connection: the point at which the Building Sewer meets and is connected to the Public Sewer.

Section 1.31 Septage: Wastewater generated by an On-site Wastewater Disposal System.
Section 1.32 Septage Service Charge: The fees and charges established from time to time for operation and maintenance of an On-site Wastewater Disposal System by the District.

Section 1.33 Septage Service Charge System: The Septage Service Charge system established pursuant to Article XI of this Ordinance.

Section 1.34 Sewer: A pipe or conduit that carries Wastewater or drainage water.

Section 1.35 Sewer Access Charge or SAC: The fees and charges established from time to time for access to a Sewer.

Section 1.36 Sewer Service Charge: The total of the User Charge and the Debt Service Charge.

Section 1.37 Sewer Service Charge System or SSCS: The Sewer Service Charge system established pursuant to Article XI of this Ordinance.

Section 1.38 Slug: A discharge of water or Wastewater which in concentration or in quantity of Flow exceeds for any period of duration longer than 15 minutes, more than 5 times the average 24-hour concentration of Flows during normal operation.

Section 1.39 State: The State of Minnesota, its successors and assigns.

Section 1.40 State Disposal System Permit or SDS Permit: A permit issued by the MPCA pursuant to Minnesota Statutes Section 115.07 for a disposal system as defined by Minnesota Statutes Section 115.01, subdivision 8.

Section 1.41 Storm Sewer: A Sewer intended to carry unpolluted surface and subsurface water from any source.

Section 1.42 Standard Methods: The latest edition of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, the American Waterworks Association and the Water Environment Federation.

Section 1.43 Superintendent: The official of the District who is authorized to enforce this Ordinance, or their authorized deputy, agent or representative.

Section 1.44 Total Suspended Solids or TSS: The total suspended matter that either floats on the surface of, or is in suspension in water, Wastewater or other liquids, and is removable by laboratory filtering as prescribed in Standard Methods.

Section 1.45 Town of Duluth: The Town of Duluth, a public corporation and political subdivision in Saint Louis County, Minnesota and its successors and assigns.
Section 1.46 Town of Lakewood: The Town of Lakewood, a public corporation and political subdivision in Saint Louis County, Minnesota and its successors and assigns.

Section 1.47 Unpolluted Water: Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards. An example could be non-contact cooling water.

Section 1.48 User Charge: A charge to users of a Wastewater Treatment Facilities or owners of an On-site Wastewater Disposal System for a user's or owner's proportionate share of the cost of operation and maintenance, including replacement.

Section 1.49 Wastewater: Liquid and water-carried wastes from Residential Users, Non-residential Users, Commercial Users and Industrial Users. The term "Wastewater" also includes Septage.

Section 1.50 Wastewater Treatment Facilities or Treatment Facilities: The land, devices, facilities, structures, equipment and processes owned or used by the District, the City of Duluth, the Town of Duluth, the Town of Lakewood and the WLSSD for the purpose of the transmission, storage, treatment, recycling and reclamation of municipal Wastewater, and the disposal of residues resulting from such treatment.

Section 1.51 WLSSD: The Western Lake Superior Sanitary District, a public corporation and political subdivision in Carlton and Saint Louis Counties, Minnesota and its successors and assigns.

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ARTICLE II
GENERAL PROVISIONS

Section 2.1 Purpose. The purpose of this Ordinance is to require and regulate the use of Public Sewers and On-site Wastewater Disposal Systems within the District.

Section 2.2 Construction. It is the intent of the District that this Ordinance be consistent with the policies, procedures and ordinances of the WLSSD to the extent possible. If, at any time, any conflict should arise between any provision of this Ordinance and the policies, procedures and ordinances of the WLSSD, the policies, procedures and ordinances of the WLSSD will in all cases be controlling.

Section 2.3 Standard Methods. All measurements, tests and analyses of the characteristics of waters and waste to which reference is made in this Ordinance must be determined in accordance with the provisions set out in Standard Methods.

Section 2.4 Severability. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence paragraph or section of this Ordinance is declared unconstitutional or otherwise invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity will not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 2.5 Amendments. This Ordinance cannot be amended except by further ordinance of the District.

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ARTICLE III
CREATION; MANAGEMENT

Section 3.1 Creation. There is hereby created a Sewer utility within the District.

Section 3.2 Management. The Sewer utility created herein will be managed by the Board. The Board has control and general supervision of all Public Sewers, Service Connections and On-site Wastewater Disposal Systems in the District and is responsible for administering the provisions of this Ordinance to ensure that a proper and efficient Public Sewer and On-site Wastewater Disposal Systems are maintained.

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ARTICLE IV
USE OF PUBLIC SEWERS REQUIRED

Section 4.1 Service Connection Required.

a. Within 90 days of receiving written notification from the District, the owners of all properties adjacent to the Sanitary Sewer collection system must install a suitable Service Connection and terminate On-site Wastewater Disposal Systems at their own expense, in accordance with the provisions of this Ordinance.

b. When and whenever the Public Sewer becomes available to a property served by an On-site Wastewater Disposal System, use of the On-site Wastewater Disposal System must be discontinued, and a Service Connection must be made to the Public Sewer within 90 days of receiving written notification of Public Sewer availability from the District.

c. Within 120 days after written notification of Public Sewer availability, the On-site Wastewater Disposal System must be abandoned in accord with current requirements of the County, the MPCA and all other regulatory agencies at the property owner's sole expense.

d. The District, in its sole discretion will determine if a property is adjacent to the Sanitary Sewer.

Section 4.2 Failure to Connect.

a. In the event an owner fails to connect to the Public Sewer and to terminate an On-site Wastewater Disposal System in compliance with a notice given under this Ordinance, the District may have said work done and may charge the user/owner the cost of the Service Connection and may collect such amounts in the manner set forth in Article XII.

b. Costs for such Service Connection will include the actual cost of connection, the cost of abandonment of the On-site Wastewater Disposal System and a Sewer Access Charge, or similar fees and charges, as defined in the Sewer Service Charge System.

Section 4.3 Private Facilities Unlawful. Except as provided hereinafter, it is unlawful to construct or maintain any private facility intended or used for the disposal of Wastewater.

Section 4.4 Special Exemption.

a. The Board may consider a request for a special exemption to the requirements of this Article for an On-site Wastewater Disposal System on the following conditions:

i. the On-site Wastewater Disposal System must be in existence at the time of initial adoption of this Ordinance;

ii. the owner of the On-site Wastewater Disposal System must submit a request for the special exemption in writing which includes written evidence of the following:

(1) that the cost of construction of the On-site Wastewater Disposal System was paid in part from sources other than the owner; and

(2) an independent inspection conducted at the owner's sole expense showing that the On-site Wastewater Disposal System is operating within the parameters established by the County and the District;
b. The special exemption in the preceding subsection a.:

i. does not apply to the expansion or enlargement of an On-site Wastewater Disposal System;

ii. is only applicable to the Person who received the exemption; and

iii. will continue for as long as the On-site Wastewater Disposal System operates within and complies with the requirements of the County and the District or until June 1, 2015, whichever occurs first.

c. The District, through its Superintendent, may at any time after the special exemption is granted, require the owner of an On-site Wastewater Disposal System to prove its compliance with the requirements of the County and the District by providing to the District the results of an independent inspection conducted at the owner's sole expense showing that the On-site Wastewater Disposal System is operating within the parameters established by the County and the District.

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ARTICLE V
ON-SITE WASTEWATER DISPOSAL SYSTEMS USE AND ABANDONMENT

Section 5.1 Unavailability of Public Sewers. Where a Public Sewer is not available, as determined by the Board, the Building Drain must be connected to an On-site Wastewater Disposal System complying with the requirements of the County, the MPCA and all other regulatory agencies.

Section 5.2 Construction of On-site Wastewater Disposal Systems. Before commencement of construction of an On-site Wastewater Disposal System the owner must first obtain a written Permit from the County Health Department and the District.

Section 5.3 Compliance with County Requirements. The type, capacities, location and layout of an On-site Wastewater Disposal System must comply with all requirements of the ordinances and regulations of the County and the District. No On-site Wastewater Disposal System is permitted to discharge into any Natural Outlet.

Section 5.4 Operation and Maintenance of On-site Wastewater Disposal Systems. The owner of an On-site Wastewater Disposal System must operate and maintain the On-site Wastewater Disposal System in a manner which complies with applicable State and County regulation at all times and at no expense to the District, other than expenses payable by the District pursuant to a contract with the owner of the On-site Wastewater Disposal System or this Ordinance.

Section 5.5 Additional Legal Requirements. No statement contained in this Article may be construed to interfere with any additional requirements that may be imposed by the MPCA, the County, the State Department of Health, the WLSSD or other responsible federal, State, or local agencies.

Section 5.6 Reservation of Powers. The District reserves the right to maintain and operate On-site Wastewater Disposal Systems pursuant to a contract with the owner or owners of such systems or pursuant to this Ordinance.

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ARTICLE VI
PERMITS; LICENSES; APPLICATIONS

Section 6.1 Permits Required.

a. Except for District employees or agents acting in the course of employment, no Person(s) may make any alterations to the Public Sewer or any appurtenances thereof or any connection thereto without first obtaining a written Permit from the District.

b. There will be two classes of Service Connection Permits:

i. for users discharging Normal Domestic Strength Wastewater to Sanitary Sewers; and

ii. for users discharging non-Normal Domestic Strength Wastewater to Sanitary Sewers.

c. No Person(s) may make, construct or install any On-site Wastewater Disposal System or any appurtenances thereof or any connection thereto without first obtaining a written Permit from the District.

d. The owner or their agent must make application for a Permit on a special form furnished by the District. The application must be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent or necessary to comply with any rules or regulations of the Board.

e. A Permit and inspection fee will be established by the District to defray inspection, administrative and other costs. The fee must be paid to the District at the time the application is filed.

f. All costs and expenses incidental to the installation of the Service Connection or the On-site Wastewater Disposal System must be borne by the owner. The owner must indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the Building Sewer or the On-site Wastewater Disposal System.

g. No Service Connection Permit will be issued unless the Superintendent first determines that all District and WLSSD Wastewater Treatment Facilities have sufficient capacity to accommodate the Flow and Load to be discharged as a result of the Service Connection and that the design specifications for the Service Connection, including any pumps, are compatible with the Treatment Facilities and comply with the provisions of this Ordinance and any rules and regulations promulgated by the Board.

h. No Permit will be issued with respect to any property, the use of which is not in compliance with the requirements of any applicable land use and zoning regulations and the North Shore Management Plan, to the extent applicable. In making the determination as to whether the property proposed to be served is in compliance with the requirements of any applicable land use and zoning regulations and the North Shore Management Plan, the District may rely solely on representations and certifications made by the local unit of government in which the property proposed to be served is located.

i. The applicant for the Permit must notify the Superintendent when the Building Sewer is ready for installation of the Service Connection or the On-site Wastewater Disposal System is ready for installation. The area to be inspected must be open for inspection and backfilling must not have commenced. All connections to the Public Sewer must be made under the supervision of the Superintendent.

j. Extensions of the Public Sewer will require MPCA and WLSSD permits.

k. The Board may promulgate rules and regulations as to the manner in which permits will be issued. The rules and regulations must be placed on file in the general office of the District and will be effective upon such filing.

Section 6.2 License Required.

a. An appropriate construction license is required to install a Service Connection or an On-site Wastewater Disposal System. Any Person desiring a license must apply in writing to the District, providing satisfactory evidence of the applicant's qualifications. If approved by the Board, the license will be issued by the District upon the filing of a bond as hereinafter provided.

b. In order to assure proper installation and performance, a license to install a Service Connection or an On-site Wastewater Disposal System will not be issued until a $25,000 performance bond in favor of the District is filed and approved by the District. The licensee will be required to indemnify the District and the property owner from all suits, accidents and damage that may arise by reason of any opening in any street, road, private road, alley or public ground, made by the licensee, by those in the licensee's employment, or those contracted by the licensee. The licensee will also be required to show proof of insurance coverage in form and substance satisfactory to the District.

c. The cost of a license for making Service Connections or installing On-site Wastewater Disposal Systems will be established by the District by resolution.

d. All licenses will expire on December 31 of each calendar year unless the license is extended, suspended or revoked by the District for any reasonable cause.

e. The Board may promulgate rules and regulations as to the manner in which licenses will be granted. The rules and regulations must be placed on file in the general office of the District and will be effective upon such filing.

Section 6.3 License Revocation. The District may suspend or revoke any license issued under this Article for any of the following causes:

a. Giving false information in connection with the application for a license.

b. Incompetence of the licensee as determined by the Board.

c. Willful violation of any provisions of this Ordinance or any rule or regulation pertaining to the making of Service Connections or installation of On-site Wastewater Disposal Systems.

d. Failure to adequately protect and indemnify the District and the property owner.

e. Failure to complete work promptly.

f. Failure to complete work that passes inspection.

Section 6.4 Additional Information. The Superintendent and the WLSSD may require a user of Sewer services and a Person applying for Sewer service to provide information needed to determine compliance with this Ordinance. These requirements include, but are not limited to:

a. Wastewater peak Flow and volume over a specified period of time;

b. chemical analysis of Wastewater;

c. information on raw materials, processes and products affecting Wastewater volume and quality;

d. quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to Sewer use control;

e. a plot plan of the user's property showing Sewer and Pretreatment facility or Flow equalizing facility location;

f. details of Wastewater Pretreatment or Flow equalizing facilities;

g. details of systems to prevent and control the losses of materials through spills to the Public Sewer; and

h. access to user's premises so that the District and WLSSD personnel carry out sampling, monitoring and measurement of user's discharges.

Section 6.5 Disclosure of Information. Industrial Users are required to provide information concerning industrial processes that have a direct bearing on the type and source of discharge to the collection system. An industry may withhold information considered confidential. Nonetheless, the industry must establish that the information in question might result in an advantage to competitors and that the industrial process does not have deleterious impacts on the treatment process.

Section 6.6 Rules and Regulations. The Board may promulgate rules and regulations as to the manner in which Service Connections must be made. The rules and regulations must be placed on file in the general office of the District and will be effective upon such filing.

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ARTICLE VII
BUILDING SEWERS AND CONNECTIONS; DESIGN

Section 7.1 Building Sewers.

a. A separate and independent Building Sewer must be provided for each building; provided that the Board may waive strict compliance with the foregoing requirement on a case by case basis. Old Building Sewers may be used to serve new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Ordinance.

b. Each Service Connection must conform to the requirements of the State Building and Plumbing Code, applicable rules and regulations of the District and the materials and procedural specifications set forth in the American Society of Testing Materials (ASTM) and the Water Environment Federation (WEF) Manual of Practice No. 9. All Service Connections must be made gas and watertight and must be verified by proper testing to prevent Infiltration/Inflow.

c. Whenever possible, the Building Sewer must be brought to the building at an elevation below the basement floor. In all buildings in which any Building Drain is too low to permit gravity flow to the Public Sewer, Wastewater must be lifted by an approved means (which may not be inside the building) and discharged to the Building Sewer or Sanitary Sewer.

d. No Unpolluted Water sources may be connected to the Sanitary Sewer.

e. No private Building Drain may extend beyond the limits of the building or property for which the Permit has been given.

f. Any new connection to the Sanitary Sewer system is prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to, capacity for Flow, BOD and TSS as determined by the Superintendent.

Section 7.2 Excavations must be Guarded. All excavations must be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work must be restored in a manner satisfactory to the Superintendent.

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ARTICLE VIII

USE OF PUBLIC WASTEWATER TREATMENT FACILITIES

Section 8.1 Unpolluted Water. No Unpolluted Water such as storm water, ground water, roof runoff, surface drainage, cooling water, etc. may be discharged to the Sanitary Sewer. Such water must be discharged only to Storm Sewers or to Natural Outlets approved by the District and other regulatory agencies.

Section 8.2 Septage. Septage may only be discharged or deposited into the Sanitary Sewer at locations specifically designated by the District.

Section 8.3 Prohibited Substances. No Person(s) may discharge any of the following substances to the Public Sewer:

a. Liquids, solids, gases, or other substances which singly or by interaction with others may cause fire or explosion.

b. Any substance which either singly or by interaction with other waste will injure or interfere with any waste treatment process or Wastewater Treatment Facilities, constitute a hazard to humans or animals, create a public nuisance or create a hazard in the receiving waters of the Wastewater Treatment Facilities.

c. Solid or viscous substances which may, either singly or by interaction with other wastes, cause obstruction to the Flow in a Sewer.

d. Wastewater having a pH of less than 5.5 or greater than 9.5 or having any other corrosive or caustic property capable of causing damage or hazard.

e. Wastewater containing toxic pollutants, as defined in Section 307(a) of the Act and Minnesota Statutes Section 115.01 subdivision 14.

Section 8.4 Other Discharges. Discharges of the following substances must be limited to concentrations or quantities that will not harm the Wastewater Treatment Facilities, streams, soils, vegetation and ground water, and will not otherwise create a hazard or nuisance:

a. Wastewater having a temperature greater than 150 F (65.6 C), or causing, individually or in combination with other Wastewater, the influent at the Treatment Facilities to have a temperature exceeding 104 F (40 C), or having heat in amounts which will be detrimental to biological activity in the Treatment Facilities.

b. Wastewater having a concentration of more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils or products of mineral oil origin.

c. Wastewater containing fats, wax, grease or oils in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 F and 150 F (0 C and 65.6 C).

d. Food wastes not properly shredded to such a degree that all particles will be carried freely under normal Flow conditions with no particle greater than 2 inches in any dimension.

e. Wastewater containing substances which cannot be treated to produce effluent quality required by agreement for Wastewater treatment with WLSSD or causing a violation of any applicable local, State, or federal regulation.

f. Noxious or malodorous liquids, gases, or solids.

g. Radioactive wastes or isotopes in concentrations that exceed limits established by applicable State and federal regulations.

h. A discharge of water or Wastewater which constitutes a Slug.

i. Water or waste containing substances which are not amenable to treatment ro reduction by the Wastewater treatment processes employed or are amenable to treatment only to such degree that the Wastewater Treatment Facilities effluent cannot meet the requirements of the NPDES Permit issued to the WLSSD or are amenable to treatment only by the application of extraordinary processes.

j. Water or waste which, alone or by interaction with other water or waste in the Public Sewer system release noxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to treatment structures and treatment processes.

k. Wastewater with unacceptable color not removed in the treatment process.

l. Wastewater containing inert suspended solids in such quantities that would cause disruption to the Wastewater Treatment Facilities.

m. Wastewater with BOD or suspended solids levels greater than that defined as Normal Domestic Strength Waste, except as may be permitted by specific written agreement with the District subject to Section 8.11.

Section 8.5 Lower Limitations. The Superintendent may set limitations lower than the prohibition limits outlined in Section 8.4 above. Consideration will be given to such factors as the quantity of waste in relation to Flows and velocities, materials of construction, WLSSD's NPDES Permit, capacity of the treatment plant, degree of treatability of wastes and other pertinent factors.

Section 8.6 Grease, Oil and Sand Interceptors.

a. Grease, oil and sand interceptors (sometimes called traps) must be provided at the owners expense when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, any flammable wastes, sand or other harmful ingredients. All interceptors must be of a type and capacity approved by the Superintendent and the WLSSD and must be readily and easily accessible for cleaning and inspection. The owner will be responsible for the maintenance of interceptors, including proper removal and disposal of the captured materials by appropriate means, and must maintain a record of dates and means of disposal which are subject to review by the District.

b. Any material removal and hauling must be performed by the property owners personnel or a currently licensed waste disposal firm and in compliance with all applicable laws and regulations.

Section 8.7 Pretreatment. Where Pretreatment or Flow equalizing facilities are provided or required for any water or waste, plans, specifications and any other pertinent information relating thereto must be submitted for approval of the District and the WLSSD. No construction of such facilities may be commenced until approval in writing is granted by the District and the WLSSD. Where such facilities are provided, they must be maintained continuously in satisfactory and effective operating order by the owner at their expense and will be subject to periodic inspection by the District and the WLSSD to determine that such facilities are being operated in conformance with the applicable federal, State and local laws, regulations and permits. The owner must maintain operating records and must submit to the District and the WLSSD a monthly summary report of the character of the influent and effluent to show the performance of the Pretreatment facilities and for comparison against!
WLSSD and District monitoring r
cords.

Section 8.8 Metering and Testing of Waste.

a. Where required by the District, Industrial Users must install and maintain, at their own expense, a suitable structure or control manhole with such necessary meters and other testing equipment needed to facilitate observation, sampling and measurement of Wastewater. The manhole will be safe and accessible at all times and must be constructed in accordance with the plans and specifications approved by the Superintendent and the WLSSD. The District may require submission of laboratory analyses to illustrate compliance with this Ordinance and any special conditions for discharge established by the District or responsible regulatory agency. All measurements, tests and analyses to which reference is made in this Ordinance must be determined in accordance with the latest edition of Standard Methods. Sampling methods, location, times, duration and frequencies are to be determined on an individual basis by the District.

b. The District, in its sole discretion may require Non-residential Users and Commercial Users to install and maintain, at their own expense, a suitable structure or control manhole with such necessary meters and other testing equipment needed to facilitate observation, sampling and measurement of Wastewater as provided in Section 8.8a. for Industrial Users.

Section 8.9 Dilution of Discharges. No user may increase the use of process water or in any manner attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this Article, the National Categorical Pretreatment Standards and any State or local requirement.

Section 8.10 Accidental Discharges.

a. Where required by the District, users must provide protection from an accidental discharge of substances regulated by this Ordinance. Where necessary, facilities to prevent accidental discharges of prohibited materials must be provided and maintained at the owners expense. Detailed plans and operating procedures of said facilities must be submitted to the Superintendent for review and approval prior to construction of the facility. Approval of such plans and operating procedures will not relieve user from the responsibility of modifying the facility as necessary to meet the requirements of this Ordinance.

b. Users must notify the District immediately if a Slug or accidental discharge of Wastewater occurs in violation of this Ordinance. Notification will allow measures to be taken to minimize damage to the Treatment Facilities. Notification will not relieve users of liability for any expense, loss or damage to the Treatment Facilities, or for fines imposed on the community by any State or federal agency as a result of their actions.

c. A notice must be permanently posted on the Industrial User's bulletin board or other prominent place, advising employees of the emergency notification procedure in the event of a Slug or accidental discharge.

Section 8.11 Contracts with Users. Subject to the agreement for Wastewater treatment with WLSSD, no statement contained in this Article will prevent any special agreement or arrangement between the District and any Non-residential User, Commercial User or Industrial User. Industrial waste of unusual strength or character may be accepted by the facility for treatment, subject to adequate pretreatment by the Industrial User, providing that National Categorical Pretreatment Standards and NPDES Permit and SDS Permit limitations are not violated.

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ARTICLE IX

DAMAGE TO THE FACILITIES; REMEDIES

Section 9.1 General. No Persons(s) may willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment that is part of the Wastewater Treatment Facilities. Any Person who violates this provision is subject to immediate arrest and will be prosecuted to the full extent of the law.

Section 9.2 Deposits or Obstructions.

a. No Person may permit any substance or matter that may form a deposit or obstruction of Flow to be discharged into the Public Sewer. Whenever any Service Connection becomes clogged, obstructed, detrimental to the use of the Public Sewer, or unfit for the purpose of drainage, the owner must make repairs as directed by the District.

b. If 48 hours after receiving written notice from the District the property owner has not commenced repairs, the District may have said work done and may collect such amounts in the manner set forth in Article XII.

Section 9.3 Unauthorized Discharges. In the event of discharges to the Public Sewers that contain substances or possess characteristics prohibited in this Ordinance or which in the judgement of the District may have a deleterious effect on the Treatment Facilities, receiving waters, soils, vegetation, or which create a hazard or nuisance, the District may:

a. Refuse to accept the wastes.

b. Require Pretreatment to an acceptable condition for discharge to the Public Sewers, pursuant to Section 307(b) of the Act and all addenda thereof.

c. Require control over the quantities and rates of discharge.

d. Require payment to cover all the added costs of handling, treating and disposing of wastes not covered by existing taxes or Sewer Access Charges or Sewer Service Charges.

Section 9.4 Emergency Repairs. Notwithstanding anything in this Ordinance to the contrary, in the event of damage to Sewers or the Treatment Facilities which disrupts other users, the District may without notice repair such damage.

Section 9.5 Charge for District Expenses. In addition to penalties that may be imposed for violation of any provision of this Ordinance, the District may charge the user/owner the cost of repairing or restoring Sewers and associated facilities damaged as a result of the discharge of prohibited wastes and may collect such amounts in the manner set forth in Article XII.

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ARTICLE X
POWERS AND AUTHORITY OF INSPECTORS

Section 10.1 Right of Entry. The Superintendent and other duly authorized employee(s) or agent(s) or other authorized representative(s) of the District, bearing proper credentials and identification, must be permitted to enter all properties for inspection, observation, measurement, sampling, testing, repair and maintenance in accordance with the provisions of this Ordinance.

Section 10.2 Indemnification. While performing work on private property, the Superintendent or duly authorized employees of the District must observe all safety rules applicable to the premises and the owner will be held harmless for injury or death to such employee. The District will indemnify the owner against loss or damage claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused b negligence of the owner or the failure of the owner to maintain safe conditions as required under this Ordinance.

Section 10.3 Easements. The Superintendent and other duly authorized employee(s) or agent(s) or other authorized representative(s) of the District, bearing proper credentials and identification, must be permitted to enter all properties through which the District holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, testing, repair and maintenance of any portion of the Treatment Facilities lying within said easement. All entry and subsequent work, if any, on said easement will be done in full accordance with the terms of the easement pertaining to the private property involved.

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ARTICLE XI
SEWER SERVICE CHARGE SYSTEM;
SEPTAGE SERVICE CHARGE SYSTEM; SEWER FUND

Section 11.1 Systems Established.

a. The District hereby establishes a Sewer Service Charge System. All revenue collected from users of the Wastewater Treatment Facilities located within the District will be used for annual operation, maintenance, replacement and capital costs. Unless otherwise provided in an written agreement with the District, each user must pay a proportionate share of operation, maintenance and replacement costs; provided that the District may establish a flat rate applicable to Residential Users. Each user may also be required pay a Debt Service Charge to retire local capital costs as recommended by the District.

b. The District hereby establishes a Septage Service Charge System. All revenue collected from owners of On-site Wastewater Disposal Systems located within the District will be used to offset the costs of the District incurred with respect to its operation and maintenance of such systems. The capital cost of an On-site Wastewater Disposal System must be borne by the owner thereof. Unless otherwise provided in an written agreement with the District, each owner must pay a proportionate share of operation and maintenance costs based on the owner's proportionate contribution to the operation and maintenance of the On-site Wastewater Disposal Systems by the District; provided that the District may establish a flat rate or system of rates applicable to its services provided to or with respect to On-site Wastewater Disposal Systems. The District, in its sole discretion may establish a separate system of rates and charges for extraordinary maintenance costs of an On-site Wastewat!
er Disposal System.

Section 11.2 Charges. Charges to users of the Wastewater Treatment Facilities will be determined and fixed in a Sewer Service Charge System (SSCS) and a Septage Service Charge System developed by the District according to the provisions of this Ordinance. Subsequent changes in the Sewer and Septage service rates and charges will be adopted by the District by ordinance or resolution.

Section 11.3 Sewer Service Fund Established. The District hereby establishes a Sewer Service Fund as an income fund to receive all revenues generated by the SSCS and the Septage Service Charge System and all other income dedicated to the Wastewater Treatment Facilities.

Section 11.4 Administration of the Sewer Service Fund.

a. The SSF will be held and administered by the District and must be separate and apart from all other accounts of the District. Revenue received in the SSF may be transferred to the following accounts established as income and expenditure accounts:

i. Operation and Maintenance

ii. Equipment Replacement

iii. Debt Retirement for the Treatment Facilities.

b. The District will maintain a proper system of accounts and records suitable for determining the operation, maintenance, replacement (OM&R) and debt retirement costs of the Treatment Facilities.

c. The Board will determine annually whether sufficient revenue is being generated for the effective management of the Treatment Facilities and debt retirement. The Board will also determine whether the User Charges and Septage Service Charges are distributed proportionately. If necessary, the District will revise the SSCS and the Septage Service Charge System to insure proportionality of User Charges and sufficient funds for operation and maintenance of the Treatment Facilities and the On-site Wastewater Disposal Systems by the District.

d. Sewer Service Charges and Septage Service Charges will be billed by the District on a monthly basis. Any bill not paid in full 30 days after the due date will be considered delinquent. At that time the user will be notified regarding the delinquent bill and subsequent penalty. Collection action will be taken and the penalty for delinquent payment will be the maximum rate allowed by law.

Section 11.5 Metering.

a. Where required by the District, water meters must be installed on a user's water supply lines to facilitate measurement of Wastewater generated.

b. The District will own, supply, install and maintain meters. The District will set a fee by resolution to cover the costs of installation, maintenance, meter readings, etc.

c. The meters must be accessible to the District at all times.

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ARTICLE XII
PENALTIES FOR ORDINANCE VIOLATION

Section 12.1 Notice. Any Person violating or found to have violated any provision of this Ordinance, except as set forth in this Article, is guilty of a misdemeanor and will be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender must permanently cease all violations within the period of time stated in such notice, or the offender will be charged with a misdemeanor.

Section 12.2 Fines and Penalties.

a. Any Person who continues any violation beyond the time limit provided for in Section 12.1 will be fined an amount not exceeding $700.00 for each violation.

b. Each day in which any such violation continues beyond the time limit provided for in Section 12.1 is a separate offense.

Section 12.3 Collection.

a. To collect delinquent Sewer service charge accounts, the District may file a civil action suit or may levy a lien against the violator's property. Related attorneys fees may also be collected or levied.

b. In the event the District charges a user/owner for the cost of any work permitted under this Ordinance, and such amounts are not immediately paid by the user/owner, the District will certify unpaid penalties and charges and related expenses including attorney fees, to the County auditor with taxes against the property served, for collection as other taxes are collected.

c. A violator will be liable for interest on all unpaid balances at a rate of 1.5 percent monthly, or 18 percent annually.

Section 12.4 Liability. Any Person violating any of the provisions of this Ordinance will become liable to the District for any expense, loss or damage occasioned by the District by reason of such violation.

Section 12.5 Enforcement Alternatives. Notwithstanding any provision in this Ordinance to the contrary, the District may use any remedy or alternative available in law or statute in the enforcement of this Ordinance, including exercise of the District's power of eminent domain, criminal or civil actions and the enforcement of the Hazardous and Substandard Buildings Act, Minnesota Statutes, Sections 463.15 through 463.261, which is incorporated by reference as though fully set forth herein.

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ARTICLE XIII
VALIDITY

Section 13.1 Effect. This Ordinance will be in full force and take effect from and after its passage and publication as provided by law.

Section 13.2 Inconsistency. All other ordinances and parts of other ordinances inconsistent or in conflict with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.

Adopted by the Board of Managers of the Duluth/North Shore Sanitary District, Saint Louis County, Minnesota on the 5th day of December, 2000.


____________________________________
Chair


ATTEST:


____________________________________
Secretary

This Ordinance was published on December 9, 2000.
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