Amending the Clearwater Discharge Ordinance

THE CITY OF MOUNTAIN IRON DOES ORDAIN:

SECTION 1. SUMP PUMP REQUIREMENTS.

Subd. 1. Sump Pump Systems. Sump pump systems shall be recommended in present and required in new residential, commercial and industrial buildings, except in situations of an on grade construction.

Subd. 2. Storm Water Discharge Prohibited. It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storm water, ground water, roof run-off, pond overflow, well water or water from residential, industrial, or commercial air conditioning systems to drain into the sanitary sewer system of the City. No rainspout, or other form of surface drainage and no foundation drainage or sump pump shall be connected or any substance other than sanitary sewage discharged into any sanitary sewer except as provided herein. It is unlawful for any person or residence to discharge any water from roof, surface, perimeter drain tile, footing tiles, swimming pools, hot tubs or other natural precipitation into the sanitary sewer or adjoining properties.

Subd. 3. Sump Pump Discharge. Dwellings, buildings and structures may use a permanently installed sump pump and discharge line to the outside to prevent the inflow infiltration of clear water into the sanitary sewer, except as provide herein. A permanent installation shall provide for year round discharge capability to the outside of the building, connected to a storm sewer, or discharges through the curb to the street. When required, the discharge line from the sump pump shall be of rigid construction without valving or quick connection for altering the path of the discharge.

Subd. 4. Seasonal Waivers. The Director of Public Works shall have the power and duty of hearing and deciding requests for seasonal waivers from the applicability of the provisions of this Ordinance where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause a safety problem. Application for waivers shall be addressed in writing to the Director of Public Works, City of Mountain Iron. The application should identify the property for which the waiver is being applied, the name of the property owner/applicant and describe in detail what characteristics of the subject property create an undue hardship. Within a reasonable time, the Director of Public Works shall make a decision on the matter and serve a copy of such order to the applicant by mail. Upon approval of an application for a waiver, the property owner shall be allowed to temporarily pump into the sanitary sewer system between the dates of November 1 through April 1 provided the applicant agrees to pay a $25.00 per month surcharge. The holder of a waiver shall request an authorized City Employee to certify that prior to April 15th of each subsequent year their discharge water connection has been removed from the sanitary sewer. Failure to provide such certification will place the waiver holder in violation of this ordinance.

Subd. 5. Variance. Any application for a variance will be addressed in writing to the Director of Public Works. The application shall identify the property for which the variance is being applied, the name of the property owner/applicant and describe in detail what characteristics of the subject property create a problem. The Director of Public Works will discuss and suggest a solution to the problem with the owner/applicant. If the owner/applicant is not satisfied, the application along with the Directors of Public Works advice will forwarded for review to the Utility Advisory Board. The Utility Advisory Board will recommend if a variance for non-compliance should be granted and the amount of sewer surcharge that will apply. Then, the application for the variance, along with the Utility Advisory Board�s recommendation will be forwarded to the City Council for a final decision.

Subd. 6. Draintile System. A draintile, sump basket, pump, electrical receptacle and pipe connection to the outside shall be recommended for any existing present residential buildings and required for new residential buildings within the City. The Building Official may determine the need for such installation when slab on grade construction occurs. The system shall be installed as follows:

The building shall have a draintile placed around the perimeter of the foundation connected to a sump pit. The sump pit shall be located at least ten (10) feet away from any inside floor drain on all new construction.

When required a discharge pipe shall be installed to the outside wall of the building with recommended rigid pipe (plastic, copper, galvanized or black pipe).

When required the sump pump electrical supply shall be installed according to the National Electrical Code.

When the construction consists of hollow masonry units, weep hoses shall be inserted into every core of each block of the first course and placed into the gravel filled trench in such a manner to protect the hoses from blockage when the concrete floor is poured.

Subd. 7. Alternate System. The provision of this section is not intended to prevent the use of any material or method of construction not specifically prescribed by this Section, provided any alternate has been approved and its use authorized by the Building Official. The building official may approve any such alternate, provided that the proposed design is satisfactory and complies with the provisions of this Section and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Section. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate method shall be recorded and entered in the files of the Department of the Building Official.

Subd. 8 Existing Installations. When a drain tile system is to be installed in an existing structure that had no system of surface water drainage when first constructed, the system shall be installed the same as for new construction.

SECTION 2. DISCHARGE OF SURFACE WATERS PROHIBITED.

Subd. 1. No person shall discharge or cause to be discharged any storm water, groundwater, roof run-off, yard drainage, yard fountain, pond overflow or any substance other than sanitary sewage into the sanitary collection system.

Subd. 2. Any person, firm or corporation having a roof, sump pump, swimming pool discharge, cistern overflow pipe or any surface drain now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same prior to December 31, 2004. Any disconnects or openings in the sanitary sewer shall be sealed or repaired in an effective, workman-like manner.

Subd. 3. All required sump pumps shall have a discharge system installed to the outside wall of the building. The pipe attachment may be a permanent fitting such as PVC pipe with glued fittings. The discharge shall extend at least three (3) feet outside of the foundation wall.

Subd. 4. Every person owning improved real estate that discharges into the City�s sanitary sewer system shall allow the City of Mountain Iron employee(s) to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Any person refusing to allow their property to be inspected shall immediately become subject to the surcharge hereinafter provided for. Any property found to violate this Section shall make the necessary changes to comply with this Section and such changes shall be verified by City of Mountain Iron employee(s).

Subd. 5. A surcharge of $25.00 dollars per month is hereby imposed and shall be added to every sewer billing mailed on and after December 31, 2004, to property owners who are not in compliance with this Section. The surcharge shall be added every month, until the property is in compliance. The imposition of such surcharge shall in no way limit the right of the City of Mountain Iron to seek an injunction in District Court ordering the property owner to discontinue the non-conforming connection to the sanitary sewer system or from pursuing any other legal remedies available.

Subd. 6 Upon verified compliance with this Section, the City reserves the right to inspect such property at least yearly to verify compliance herewith.

SECTION 3. INCONSISTENT ORDINANCES. Any inconsistent ordinance or parts thereof are hereby repealed and replaced with the provision of this ordinance.

SECTION 4. REPEAL. Chapter 32, Discharge of Surface Waters, of the Mountain Iron City Code is hereby repealed in its entirety and replaced with the provisions of this ordinance.

SECTION 5. EFFECTIVE DATE. This ordinance shall become effective according to State Statute.

DULY ADOPTED BY THE CITY COUNCIL THIS 7th DAY OF APRIL, 2003.