Foley storm water disposal by stcloudtimes

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									                                      CITY OF FOLEY
                                    COUNTY OF BENTON
                                   STATE OF MINNESOTA


                                 ORDINANCE NUMBER 409


    AN ORDINANCE REGULATING STORM WATER DISPOSAL AND CREATING A
                    STORM WATER UTILITY CHARGE


The Council of the City of Foley hereby ordains that the 1974 Code of Ordinances of the City of
Foley be amended as follows:


SECTION ONE:           CHAPTER III – Municipal Utilities is amended by inserting the following
Section 310 to read as follows:


       Section 310 – Prohibiting Storm Water Disposal Into The Sanitary Sewer System

       Section 310:00.     Definitions.      Whenever used in this section, unless a different
       meaning appears from the context:

              Subd. 1.      “Cistern” shall mean any structural receptacle located in
              basements or above or below the ground in which drain or other waters are stored
              for which persons have domestic or other uses.

              Subd. 2.         “Roof Drains” shall mean any and all devices, troughs or pipes
              that collect or gather any and all waters produced by rains or melted snows and
              ice on the roofs of any buildings or structures in the City.

              Subd. 3.         “Basement Drains” shall mean any and all catch basins, drain
              pipes, tiles, or other devices laid in, under, around or outside any basement or
              foundation of any structures, to collect, carry and prevent, surface, seeping or
              percolating waters, away and from the foundation or out of the basement of any
              such buildings or structures, in the City; but it shall not be construed to include
              any drain whose purpose is to merely drain sanitary sewage, as defined in Section
              305 of the City Code.

              Subd. 4.       “Sump Pump” shall mean any pump or device used to pump
              water.

              Subd. 5.        “Useable Space” shall mean any space within a building or
              structure that can be utilized as living area or storage, including crawl spaces with
              finished floors.

       Section 310:02.        Prohibited Discharges.         It shall be unlawful for any person
       to discharge water from cisterns, roof drains, basement drains or sump pumps into the
       City's sanitary sewer system. It shall also be unlawful for any person to discharge or
       eject water from their property in a manner that adversely affects an adjacent property
       owner.

       Section 310:04.        Non-Conforming Connections To Be Disconnected.              It shall
       be unlawful for any person or persons to continue the drainage of waters from cisterns,
       roof drains and sump pumps into the City's sanitary sewer system and all such persons
       shall forthwith disconnect all cisterns, roof drains, basement drains, and sump pumps
       now connected to the sanitary sewer system.

       Section 310:06.          New Structures.       All new structures or buildings constructed
       after this section's passage and publication that have useable space below grade shall
       have a perimeter drainage system and operational sump pump connected to permanent
       schedule 40 Acrylonitrile-Butadiene-Styrene (ABS) or Polyvinyl Chloride (PVC) piping
       which ejects water to grade at the exterior of the structure or building in a manner that
       does not adversely affect an adjacent property owner.
Section 310:08.       Annexed Lands.         It shall be unlawful for any person or
persons having basements or any structures on any land hereinafter annexed to the City to
have roof drains, basement drains or sump pumps connected to the City’s sanitary sewer
system ninety (90) days after the annexation has been approved.

Section 310:10.        Inspections. The City Council may establish a policy by
resolution to provide for inspections of properties within the City by the City's
Superintendent of Public Works, or designee, to determine compliance with this Section's
requirements.

Section 310:12.        Non-Compliance.         The City’s Superintendent of Public Works,
or designee, will issue a written notice of noncompliance to any property determined not
to comply with this Section's requirements. The property owner will have ninety (90)
days from the issuance of the notice of noncompliance to comply with this Section's
requirements and receive a Certificate of Compliance from the City’s Superintendent of
Public Works, or designee. To ensure continued compliance, the Superintendent of
Public Works, or designee, may re-inspect any property at any reasonable time upon
reasonable notice to issue an annual re-Certification of Compliance.

Section 310:14.                Appeals To City Council.

       Subd. 1.       Waivers For Connection To The City’s Sanitary Sewer System.
       The City Council shall have the power and duty of hearing and deciding requests
       for waivers from the applicability of this Section's provisions prohibiting a
       connection to the City’s sanitary sewer system where strict enforcement would
       cause undue hardship because of circumstances unique to the individual property
       under consideration. Before applying for a waiver, a property owner shall have
       discussed his or her hardship with the Superintendent of Public Works.

       Subd. 2.        Waiver Applications Pursuant To This Subdivision Shall Be
       Addressed In Writing To The Foley City Administrator.       The application shall
       at a minimum identify the property for which the waiver is being applied for, the
       name of the property owner/applicant, and describe in detail what characteristics
       of the subject property create an undue hardship. Upon receiving the written
       waiver application, the City Administrator shall place the matter on a City
       Council meeting agenda when the applicant can be in attendance. Within a
       reasonable time after the meeting, the Council shall make its order deciding on the
       matter and serve a copy of the order upon the applicant by mail.

       Subd. 3.       Additional Fee For Waivers To Drain Into The City’s Sanitary
       Sewer System.          Upon the City Council's approval of a waiver application, a
       property owner shall be allowed to continue to drain cistern waters, or drainage
       from roof drains, basement drains or sump pumps into the City’s sanitary sewer
       system if the applicant agrees to pay an additional fee of $400.00 per year for
       sanitary sewer service.

Section 310:16.          Surcharge.     Upon recommendation of the Superintendent of
Public Works, the City Council may add a $100.00 surcharge to a property owner's
quarterly utility bill for any property which is in violation of this Section’s requirements
and which has not been granted a waiver by the City Council.

Section 310:16          Penalty For Violations.        Any person violating any provision
of this Section shall be guilty of a penal offense punishable by a fine of Fifty Dollars
($50.00). Each quarter that such violation continues after imposition of the first Fifty
Dollar ($50.00) fine shall be considered a separate offense punishable by an additional
fine of Fifty Dollars ($50.00). The imposition of such fine shall in no way limit the
City’s right to seek an injunction in District Court ordering the property owner to
disconnect the nonconforming connection to the sanitary sewer system.
SECTION TWO: CHAPTER VII – Construction Codes is hereby amended by repealing the
existing Section 704 – Sump Pump Piping in its entirety.


PASSED AND ADOPTED by the City Council of the City of Foley this 7th day of May, 2013.




                                        Gary Gruba, Mayor

ATTEST:




Sarah A. Brunn, City Administrator

								
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