400 Utilities

	401.  Individual Sewage Treatment Systems

401.01  Standards Adopted.  The Individual Sewage Treatment Systems
Standards, 6 MCAR 4.8040, commonly known as WPC 40, of the State of
Minnesota, are hereby adopted by reference and made a part of this
code as if fully set forth herein, and installation of all individual
sewage treatment systems shall comply therewith.

401.02  Copy Available.  There shall be available at the city office,
and kept on file at all times, at least one copy of the Individual
Sewage Treatment Systems Standards, 6 MCAR 4.8040, commonly known as
WPC 40, and the same shall be available for inspection by anyone so
requesting during normal city office hours.

401.03  Municipal Sewer.  By adoption of the foregoing regulations,
the city is not agreeing to permit or allowing the  construction of
individual sewage treatment systems when municipal sewer is available
and connection is required pursuant to Section 402.01.  Individual
sewage treatment systems shall be installed and permitted only in the
event municipal sewer is not available.

401.04  Permits.  

Subdivision  1.  Installation and Repair Permit.  No person, firm, or
corporation shall install, alter, repair, or extend any individual
sewage disposal system in the city without first obtaining a permit
therefor from the council or its authorized representative for the
specific installation, alteration, repair, or extension; and, at such
time of application for said permit, shall pay a fee as set forth in
Section 210.  Such permits shall be valid for a period of six months
form date of issue.  There shall be a further fee as set forth in
Section 210 for each re-inspection required.  Permits shall be issued
only to individuals and firms licensed under 401.06 (except as to the
owner/occupant of residential property).

Subd.  2.  Pumping Permit.  No person, firm or corporation shall pump
any individual sewage disposal system in the city without first
obtaining a permit therefor from the council or its authorized
representative.  The permit fee shall be as set forth in Section 210,
charged on a per system basis.

Subd.  3.  Applications.  Applications for permits shall be made in
writing upon printed blanks or forms furnished by the city, signed by
the applicant, and provide such information as the council requires.
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401.05  Inspection.

Subdivision  1.  Upon Installation.  The plumbing inspector shall make
such inspection or inspections as are necessary to determine
compliance with this chapter.  No part of the system shall be covered
until it has been inspected and accepted by the plumbing inspector. 
It shall be the responsibility of the applicant for the permit to
notify the plumbing inspector that the job is ready for inspection
orre-inspection, and it shall be the duty of the plumbing inspector
to make the indicated inspection within forty-eight hours after such
notice has been given.  It shall be the duty of the owner/occupant of
the property to give the plumbing inspector free access to the
property at reasonable times for the purpose of making such
inspections.  Upon satisfactory completion and final inspection of the
system, the plumbing inspector shall issue to the applicant a
certificate of approval.

If upon inspection the plumbing inspector discovers that any part of
the system is not constructed in accordance with the minimum standards
provided in this chapter, he shall give the applicant written
notification describing the defects.  The applicant shall pay an
additional fee as set forth in Section 210 for each re-inspection that
is necessary.  The applicant shall be responsible for the correction
or elimination of all defects, and no system shall be placed or
replaced in service until all defects have been corrected or
eliminated.

Subd.  2.  Bi-Annual.  Every individual privy, vault, septic tank and
cesspool in the city shall be inspected by the owner thereof at least
once every two years and such owner shall report the results of such
inspection to the city administrator on forms provided by the city.

401.06  Sewage Tank Cleaners.

Subdivision  1.  Definition.  "Sewage tank cleaner" shall mean any
person, firm or corporation who, as a business, cleans or performs
work on a privy, vault, septic tank, cesspool, or other part of an
individual sewage disposal system  within the city.

Subd.  2.  License Required.  Before any person shall engage in sewage
tank cleaning, a license shall be obtained from the city pursuant to
this chapter.

Subd.  3.  Application, License, Bond and Insurance.  Before any
person, firm or corporation is licensed to engage in the 

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business of sewer installation within the city, he shall make
application to the city for such license, made in writing, upon
printed blanks or forms furnished by the city, signed by the
applicant, and provide such information as the council requires, shall
pay the following fee, and shall file with the city administrator the
following bond and insurance requirements:

 (1)	The fee for such license shall be as set forth in Section 210
and each
license shall terminate on December 31 next after its issuance.
Licenses shall not be transferable.

(2)	A surety bond in the face amount of $5,000 running to the
city, approved by the council, conditioned that  the city will be
saved harmless from any loss, damage, cost or expense, by reason of
anywork performed under this chapter, or by reason of improper or
inadequate performance or compliance with the terms of this chapter
by the holder of the license or his agent or employees.

(3)	A certificate of insurance or copies of public liability and
property damage insurance policies in the minimum amount of $100,000
coverage for one person, $300,000 coverage for more than one person,
and $10,000 coverage for damage to property of others.

Subd.  4.  License Revocation.  The council may revoke any license at
any time if the licensee shall violate the provisions of this or any
other provision of the code.  No licensee shall allow his name to be
used by any other persons for the purpose of doing any work within the
city, except that this provision shall not prevent a licensed plumber
from employing the services of a licensed pipe layer or licensed sewer
installer.  All revocations shall follow the procedure in Section
601.06 of this code.

Subd.  5.  Removing Material From Individual Sewage Disposal Systems. 
No sewage tank cleaner, or any other person, firm or corporation shall
empty or remove the materials or contents, or any portion thereof, of
any vault, privy, cesspool, septic tank or drain, or of any other part
of any individual sewage disposal system other than into a container
made tight and closely covered.

Subd.  6.  Disposal of Contents.  No sewage tank cleaner or any other
person, firm or corporation shall dispose of any of the contents so
removed as described in Subd.  5, above, upon open ground or in any
well, open stream or body of water and such contents shall be disposed
of in a sanitary manner and as approved by the city building official.

Subd.  7.  Approved Vehicle.  No sewage tank cleaner or other person,
firm or corporation shall remove or cause to be removed any of the
contents as described in Subd.  5, above, in any container or vehicle
except such as shall be approved by the city building official, and
under no circumstances shall any container or vehicle be used for such
purpose that might become saturated with offensive liquids and thereby
become a nuisance in itself.

Subd.  8.  Reporting.  All sewage tank cleaners shall file with the
city administrator, once each month, a detailed report listing the
date, address and exact work performed on every privy, vault, septic
tank, cesspool, or other part of an individual sewage disposal system.
All other persons, firms, or corporations performing any such work
shall report same within one month thereafter to the city
administrator.

Subd.  9.  Records to be Kept.  The city administrator shall keep
complete records of all such reports as required to be filed under
Subd. 8, above, referencing same to specific properties in the city.

Subd.  10.  Reporting.  The city administrator shall report to the
city building official any such work as reported, when there are more
than two instances of such work upon a particular property within a
one year interval.

Subd.  11.  Action to be Taken.  The city building official shall,
either personally or through other qualified personnel, inspect all
individual sewage disposal systems so reported to him and determine
whether or not such systems constitute a health hazard and report his
recommendations to correct same and serve a copy of same upon the
owner of the premises involved.

Subd.  12.  Power to Enter Property.  The city building official or
person selected and appointed by him to do so, shall have the power to,
between sunrise and sunset,  enter such property reported to him, or
other property upon which written complaints have been made to him of
individual sewage disposal systems which constitute a health hazard,
to examine any vault, privy, cesspool, septic tank or private sewage
disposal system, entry to be made upon the showing of proper
credentials.

Subd.  13.  Remedying Health Hazards.  Any person, firm or corporation
which shall have been served the recommendations as stated in
Subd. 11, shall take the necessary remedial action to correct same
within a maximum period of thirty days after service of such
recommendations. 

Subd.  14.  Cleaning When Requested.  When requested by the
owner/occupant of any premises, any sewage tank cleaner, licensed
hereunder, shall clear or empty or work on any vault, privy, cesspool,
septic tank or private drain or an individual sewage disposal system,
and remove any and all nuisances.  Such sewage tank cleaner may demand
and receive in advance his fees for services but not exceeding the
maximum rates specified in his application for license or a reasonable
sum if such not be specified.


402 Sewer Use Code

Section 402.01    Definitions.

Subdivision 1.  For the purpose of this Ordinance, the following words
and terms shall have the meaning set out below, unless the context
specifically indicates otherwise.

Subdivision 2.  "BOD" (Biochemical Oxygen Demand) shall mean the
quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days at 20
degrees C expressed in milligrams per liter.  Laboratory procedures
shall be in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater.

Subdivision 3.  "Building Drain" means that part of the lower
horizontal piping of a drainage system which receives the discharge
from soil, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer beginning five (5) feet
outside the inner face of the building wall.

Subdivision 4.  "Building Sewer" means the extension from the building
drain to the public sewer or other place of disposal, also called
house connection.

Subdivision 5.  "City" is the area within the corporate boundaries of
the City of Detroit Lakes, as presently established or as amended by
Ordinance or other legal actions at a future time.  The term "City"
when used herein may also be used to refer to the City Council and its
authorized representatives.

Subdivision 6.  "COD" (chemical oxygen demand) means the quantity of
oxygen utilized in the chemical oxidation of organic matter, expressed
in milligrams per liter, as determined in accordance with standard
laboratory procedures as set out in the latest edition of Standard
Methods for the Examination of Water and Wastewater.

Subdivision 7.  "Combined Sewer" means a sewer originally designated
to receive both surface water runoff and sewage.

Subdivision 8.  "Garbage" means solid waste resulting from the
domestic and commercial preparation, cooking and dispen-sing of food
and from the handling, storage or sale of meat, fish, fowl, fruit,
vegetable or condemned food.

Subdivision 9.  "Industrial Wastes" means the solid, liquid, or
gaseous wastes resulting from an industrial or manu-facturing
processes, trade or business, or from the development, recovery, or
processing of natural resources.

Subdivision 10. "Infiltration" - water entering the sewer system
(including building drain and pipes) from the ground through such
means as defective pipes, pipe joints, connections, and man-hole walls.

Subdivision 11. "Infiltration/Inflow (I/I)" - the total quantity of
water from both infiltration and inflow.

Subdivision 12. "Inflow" - water other than wastewater that enters a
sewer system (including building drains) from sources such as, but not
limited to, roof leaders, cellar drains, yard and area drains,
foundation drains, drains from springs and swampy areas, manhole
covers, cross-connections from storm sewers, catch basins, surface
runoff, street wash waters or drainage.

Subdivision 13. "NPDES Permit" (National Pollutant Discharge
Elimination System) Permits means the system for issuing, conditioning
and denying permits for the discharge of pollutants from point sources
into the navigable waters, the contiguous zone, and the oceans by the
Environmental Protection Agency pursuant to the Federal Water
Pollution Control Act of 1972, Section 402 and 405.

Subdivision 14. "Natural Outlet" means any outlet into a watercourse,
pond, ditch, lake or any other body of surface groundwater.

Subdivision 15. "Normal Domestic Strength Wastes" shall mean wastes
which are characterized by a composite average strength of 250 mg per
liter BOD, and 285 mg per liter suspended solids.

Subdivision 16. "Other Wastes" shall mean garbage, municipal refuse,
decayed wood, sawdust, shavings, bark, lime, sand, ashes, oil, tar,
chemicals, offal, and other substances except sewage and other wastes.

Subdivision 17. "Person" means any individual, firm, company,
association, society, corporation, municipal corporation, governmental
unit, or group.

Subdivision 18. "pH" means the logarithim of the reci-procal of the
weight of hydrogen ions in grams per liter of solution.

Subdivision 19. "Process Water" means any water used in the
manufacturing, preparation or production of goods, materials or food.
Process water is an industrial waste.

Subdivision 20. "Public Sewer" means any sewer, including sanitary
sewers and storm sewers, owned or operated by a unit or agency of
government.

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Subdivision 21. "Sanitary Sewer" means a sewer which carries sewage
and to which storm, surface and groundwater are not intentionally
admitted.

Subdivision 22. "Sanitary Waste" means the liquid and water carried
wastes discharged from sanitary pumping facilities.

Subdivision 23.  "State Disposal System (SDS) Permit" -any permit
(including any terms, conditions, and requirements thereof) issued by
the MPCA pursuant to Minnesota Statutes 115.07 for a disposal system
as defined by Minnesota Statutes 115.01, Subdivision 8.

Subdivision 24.  "Sewage" or "Wastewater" means the water carried
waste products from residences, public buildings, institu-tions,
industrial establishments or other buildings including the
excrementitious or other discharge from the bodies of human beings or
animals, together with such ground, surface and storm waters as may be
present.

Subdivision 25.  "Sewer" means a pipe or conduit for carrying sewage,
industrial wastes or other waste liquids.

Subdivision 26. "Sewer System" means pipelines or conduits, pumping
stations, forcemains and all other devices and appliances appurtenant
thereto, used for collecting or conducting sewage, industrial wastes
or other wastes to a point of ultimate disposal.

Subdivision 27.  "Shall" is mandatory.  "May" is permissive.

Subdivision 28.  "Slug" means any discharge of water, wastewater or
industrial waste which is concentration of any given constituent, or
in quantity of flow exceeds for any period of duration longer than
fifteen (15) minutes more than five (5) times the average twenty-four
(24) hour concentration of flows during the normal operation.

Subdivision 29. "Storm Sewer" (sometimes termed Storm Drain) means a
sewer which carries storm or surface water and drainage, but excludes
sewage and industrial waste, other than unpolluted cooling or process
water.

          Subdivision 30.  "Suspended Solids" means solids that either
float on the surface of or are in suspension in water, sewage, or
other liquids and which are removable by laboratory filtering in
accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater.

Subdivision 31. "Unpolluted Water" means clean water uncontaminated by
industrial wastes, other wastes, or any substance which renders such
water unclean or noxious or impure so as to be 

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actually or potentially harmful or detrimental or injurious to public
health, safety or welfare to domestic, commercial, industrial or
recreational uses; or to livestock, wild animals, birds, fish, or
other aquatic life.

Subdivision 32. "Wastewater Facilities" means the structures,
equipment, or processes required to collect, carry away, and treat
domestic and industrial wastes and dispose of the effluent.

Subdivision 33. "Wastewater Treatment Works" or "Treat-ment Works"
means an arrangement of devices, facilities, structures, equipment, or
processes owned or used by the City for the purpose of transmission,
storage, treatment, recycling, and reclamation of municipal sewage,
domestic sewage, or industrial wastewater, or structures necessary to
recycle or reuse water including interceptor sewers, pumping, power,
and other equipment and their appurtenances; extensions, improvements,
remodeling, additions, alterations thereof; elements essential to
provide a reliable recycled water supply such as standby treatment
units and clear well facilities; and any works including land which is
an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment.


Section 402.02     Use of Public Sewers.

Subdivision 1.  It shall be unlawful to discharge to any natural
outlet within the City or any area under the jurisdiction of the City
any sewage or other polluted waters, except where suit-able treatment
has been provided in accordance with subsequent provisions of this
Ordinance.

Subdivision 2.  Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic tank, cesspool
or other facility intended or used for the disposal of sewage if
adequate and feasible City facilities are available.

Subdivision 3.  The owner of any building or property which is located
within the City and from which wastewater is dis-charged shall be
required to connect to a public sewer at the owner's expense within
one year of the date said public sewer is operational, provided that
said public sewer is located in a public right-of-way or easement for
sewer purposes adjacent to the property, except that property owners
with an operable septic system which is less than five (5) years old
and is in compliance with current codes for septic systems, shall be
allowed to delay hook up for the following period:  Five (5) years, or
until the septic system is no longer operable in compliance with
current codes, whichever is less.  All future buildings constructed
on property adjacent to the public sewer shall be required to
immediately connect to the public sewer.  If sewer connections are
not being made pursuant to this subdivision, a mailed notice shall be
served to the affected property owner as provided in Section 402.10 of
this Ordinance.  The Owner shall have 90 days from the date of notice
to make said connection.

Subdivision 4.  In the event an owner shall fail to connect to a
public sewer in compliance with a notice given under Section 402.02,
Subdivision 3 of this Ordinance, the City may undertake to have said
connection made and shall assess the cost thereof against the
benefitted property.  Such assessment shall be a lien against said
property.  Such assessment, when levied, shall bear interest at the
legal rate for local improvements and shall be certified to the
Auditor of the County of Becker, Minnesota, and shall be collected and
remitted to the City in the same manner as assessments for local
improvements.  The rights of the City shall be in addition to any
penalty provisions for violation of this Ordinance.

Subdivision 5.  No person shall discharge or cause to be discharged
directly or indirectly any storm water, groundwater, roof runoff,
subsurface drainage, sump pump waters, waste from on-site disposal
systems, unpolluted cooling or processing water to any sanitary sewer
except as permitted by the City through written contracts, agreements
or policies.  Amended: 3/7/95 Ord. No. 117

Subdivision 6.  Storm water and all other unpolluted water shall be
discharged to a storm sewer, except that unpolluted cooling or
processing water shall only be so discharged upon approval by the City
and upon approval and the issuance of a discharge permit by the
Minnesota Pollution Control Agency.

Subdivision 7.  No person shall discharge or cause to be discharged
directly or indirectly, any of the following described substances to
any public sewer:

a)  Any gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid or gas.

b)  Any water or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any wastewater treatment
process, consti-tute a hazard to humans or animals, create a public
nuisance, or create any hazard in the wastewater treat-ment works.
A toxic pollutant shall include but not be limited to any pollutant
identified pursuant to Section 307A of the Clean Water Act.

c)  Any water or waste having a pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the wastewater treatment works.

d)  Solid or viscous substances, either whole or ground, in quantities
or of such size capable of causing obstruc-tion to the flow in the
sewers, or other interference with the proper continuation of the
wastewater facili-ties, but not limited to ashes, cinders, disposable
diapers, glass grinding or polishing wastes, stone cuttings or
polishing wastes, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails, sanitary napkins, paper dishes,
cups, milk containers and other paper products.

e)  Noxious or malodorous liquids, gases or substances which either
singly or by interaction with other wastes are sufficient to create a
public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for their maintenance or repairs.

Subdivision 8.  No person shall discharge or cause to be discharged
directly or indirectly the following described sub-stances to any
public sewer without first obtaining a permit from the City
Administrator for such discharge.  Said discharge permit shall not be
issued unless, in the opinion of the Public Utilities Commission, such
discharge will not harm the wastewater facilities, nor cause
obstruction to the flow in the 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 such factors as the quantities of the subject wastes
in relation to flows and velocities in the sewers, materials or
construction of the sewers, nature of the wastewater treatment process,
capacity of the wastewater treatment plant, the City's NPDES permit,
and other pertinent factors.  The City may make such determinations
either on a general basis or as to discharges from individual users or
specific discharges, any may prohibit certain discharges from
individual users because of unusual concentrations or combinations
which may occur.

The substances prohibited are:

a)  Any liquid or vapor having a temperature in excess of one hundred
fifty (150) degrees F. (65 degrees C.).

b)  Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of one hundred (100) milligrams per liter
or containing substances which may solidify or become viscous at
temperatures between thirty-two (32) and one hundred fifty (150)
degrees F. (zero (0) and sixty-five (65) degrees C.).

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c)  Any garbage that has not been ground or comminuted to such degree
that all particles will be carried freely in suspension under flows
normally prevailing in the public sewers, with no particles greater
than one-half (1/2) inch in any dimension.

d)  Any water or wastes containing strong acid, iron pickling wastes,
or concentrated plating solutions, whether neutralized or not.

e)  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 wastewater works, or which
interfere with the treat-ment 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 wastewater treatment
plant


f)  Any radioactive wastes or isotopes of such 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.

g)  Any water or wastes having a pH in excess of 9.5.

h)  Materials which exert or cause:

         1) Unusual concentrations of suspended solids, (such
         as, but not limited to, Fuller's earth, lime slurries,
         and lime residues) or of dissolved solids (such as,
         but not limited to, sodium chloride or sodium sulfate).

         2) Excessive discoloration (such as, but not limited to,
         dye wastes and vegetable tanning solutions).

         3) Unusual BOD, chemical oxygen demand, or chlorine
         requirements in such quantities as to constitute a
         significant load on the wastewater treatment works.
         The BOD discharged to the public sewer shall not
         exceed 400 mg/l.

         4) Unusual volume of flow or concentration of wastes
         constituting a slug.

         5) Water or water containing substances which are not
         amenable to treatment or reduction by the wastewater
         treatment processes employed, or are amenable to treat-
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         ment only to such degree that the wastewater treatment
         plant effluent cannot meet the requirements of the
NPDES Permit, or requirements of other governmental
         agencies having jurisdiction over discharge from the
         wastewater treatment plant.

Subdivision 9.  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 Subsection, or which in the juris-diction of the City may
have a deleterious effect upon the treat-ment works, processes,
equipment, or receiving waters, 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.

d) Require payment to cover the added costs of handling or treating
the wastes.

The design and installation of the plant and equipment for
pre-treatment or equalization of flows shall be subject to the review
and approval of the City, and subject to the requirements of 40 CFR
403, entitled "Pretreatment Standards", and the Minnesota Pollution
Control Agency.

Subdivision 10. Grease, oil and mud interceptors shall be provided by
the property owner when they are determined by the City to be necessary
for the proper handling of liquid wastes containing floatable grease
in excessive amounts, as specified in Subdivision 8 b) of this
Ordinance, or any flammable wastes, sand, or other harmful ingredients;
except that such interceptors shall not be required for private living
quarters or dwelling units.  All interceptors shall be a type and
capacity approved by the City and shall be located as to be readily
and easily accessible for cleaning and inspection.

Subdivision 11. Where preliminary treatment flow equali-zation, 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 his expense and shall be available
for inspection by the City at all reason-able times.

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Subdivision 12. When required by the City, the owner of any property
serviced by a building sewer carrying industrial wastes shall install
a suitable control structure together with such necessary meters and
other appurtenances in the building sewer to facilitate observation,
sampling and measurement of the wastes.  Such 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.

Subdivision 13. All measurements, tests and analyses of the
characteristics of water and waste to which reference is made in this
Ordinance shall be determined in accordance with 40 CFR 136
"Guidelines Establishing Test Procedures for the Analysis of
Pollu-tants"; the latest edition of Standard Methods for the
Examination of Water and Wastewater and shall be determined at the
control structure provided, or upon suitable samples taken at said
control structure.  In the event that 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 consti-tutents
and their effect upon the treatment works and to determine the
existence of hazards of life, health and property.  Sampling methods,
location, times, duration and frequencies are to be deter-mined on an
individual basis subject to approval by the City.

Subdivision 14. The owner of any property serviced by a building sewer
carrying industrial wastes may, at the discretion of the City, be
required to provide laboratory measurements, tests and analyses of
waters or wastes to illustrate compliance with this Ordinance and any
special condition for discharge established by the City or regulatory
agencies having jurisdiction over the dis-charge.  The number, type
and frequency of sampling and laboratory analyses to be performed by
the owner shall be as stipulated by the City.  The industry must
supply a complete analysis of the consti-tuents of the wastewater
discharge to assure that compliance with the Federal, State and local
standards are being met.  The owner shall report the results of
measurements and laboratory analyses to the City at such times and in
such manner as prescribed by the City.  The owner shall bear the
expense of all measurements, analyses and reporting required by the
City.  At such times as deemed necessary, the City reserves the right
to make measurements and samples for analysis by an outside laboratory.

Subdivision 15. New connections to the sanitary sewer system shall be
prohibited unless sufficient capacity is available in all downstream
facilities, including, but not limited to, capacity for flow, BOD, and
suspended solids.

Subdivision 16. No user shall 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 Sections 402.02 of this Article, or contained
in the National Categorical Pretreatment Standards or any state
requirements.
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Subdivision 17. No statement contained in this Section shall be
constructed as preventing any special agreement or arrangements
between the City and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by the City for
treatment, subject to payment therefore by the industrial concern, in
accordance with applicable ordinance and any supplemental agreements
with the City.

Subdivision 18. Any new or existing commercial or industrial
wastewater customer may not exceed the discharge permit issued by the
City Administrator.  Any such customer desiring to exceed the permit
shall apply for and obtain a new discharge permit to allow for any new
discharge or any change in the quality of existing discharge.


Section 402.03     Private Sewage Disposal.

Subdivision 1.  Where a public sanitary sewer is not available under
the provisions of Section 402.02, the building sewer shall be
connected to a private wastewater disposal system complying with the
rules and regulations MPCA Chapter 7080 entitled Individual Sewage
Treatment System Standards or the requirements of Section 401 of the
City Code or other regulatory agencies, whichever is more restrictive.

Subdivision 2.  No new private sewer systems or sewer system
extensions shall be constructed within the City without first
obtaining written approval of the system plan and the materials to be
used in the construction of said system, in accordance with Section
401 of the City Code.


Section 402.04     Building Sewers and Connections.

Subdivision 1.  It is unlawful for any person to engage in the work or
business of installing private sewer service lines and appurtenances
for others without a license therefor from the City, in accordance
with Section 605.

Subdivision 2.  No person, unless authorized by a written permit from
the City shall make, install, repair, alter, disturb, uncover, open or
break any sewer connection to the sanitary sewer system of the City. 
Permits for connection of a new sewer or repairs to an existing service
shall be issued by the City after consideration of the application for
such permit with regard to compliance with Section 605.  Sewer
connection permit fees will be established by resolution of the City
Council.  Amended: 5/3/94 Ord. No. 106

Subdivision 3.  All costs and expense incidental to the installation
and connection of the building sewer or repairs to an existing
connection shall be borne by the owner.  The owner shall indemnify and
hold harmless the City from any loss or damage to the public sewer
that may directly or indirectly be occasioned by the installation of
the building sewer.

Subdivision 4.  A separate and independent building sewer shall be
provided for every building, except where two or more buildings are
situated on one parcel such that the parcel may not be subdivided.
Such joint use private sewer may be extended to the rear of the
building or buildings and the whole considered as one joint use private
sewer provided the buildings are the property of a single owner.
Special variances will be considered by the City.

Subdivision 5.  Old building sewers may be used in connection with new
buildings only when they are found, upon exami-nation and testing by
the City, to meet all the requirements of this Ordinance.

Subdivision 6.  Unused septic tanks, cesspools, leaching pits and
similar devices and structures shall be backfilled or made safe and
unusable in a manner acceptable to the City.

Subdivision 7.  The size, slope, alignment and materials of
construction of a building sewer and the method used in excava-ting,
placing of the pipe, jointing, testing and backfilling the trench
shall all conform to the requirements of the building code and
plumbing code; or other applicable rules and regulations.  In the
absence of code provisions, or in amplifications thereof, the
materials and procedures set forth in appropriate specifications of
the "Water Pollution Control Federation (W.P.C.F.) Manual of Practice
No. 9" and the American Society for Testing Materials (A.S.T.M.)
Standards shall apply.

Subdivision 8.  Whenever possible, the building sewer shall 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 to
flow to the public sewer, such building drain shall be provided with a
lifting device by an approved means and discharged to the building
sewer.

Subdivision 9.  No person shall make connection of roof downspouts,
roof drains, exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building sewer or
building drain which, in turn, is connected directly or indirectly to
a public sanitary sewer.

Subdivision 10. The construction of the building sewer and its
connection into the public sewer shall conform to the requirements of
the State of Minnesota Plumbing Code, the sewer specifications
included herein, and other applicable rules and regulations and
procedures adopted by the City.  All such construction shall be made
gas tight and water tight.  Any deviation from the prescribed
procedures and materials must be approved by the City prior to
installation.

Subdivision 11. Employees of the City shall be allowed to inspect the
work at any stage of construction and, in any event, the applicant for
the permit shall notify the City when the work is ready for final
inspection and no underground portions shall be
covered before the final inspection is complete.  The connection shall
be made under the supervision of the City or its representa-tives.

Subdivision 12. All excavations for building sewer installations shall
be adequately guarded with barricades and lights so as to protect the
public from hazards.  Streets, side-walks, parkways and other public
property disturbed during the course of the work shall be restored in
a manner satisfactory to the City.


Section 402.05     Main and Lateral Sewer Construction.

Subdivision 1.  No person, unless authorized, shall uncover, make any
connection with or opening into, use, alter, or disturb any sanitary
or storm sewer within the City or any part of the City wastewater
facilities.

Subdivision 2.  No sanitary or storm sewers shall be constructed in
the City (except house or building service sewers) except by the City
or by others in accordance with plans and specifications approved by
the City Engineer.  No such sewers shall be constructed or considered
to be part of the public sewer system unless accepted by the City.

Subdivision 3.  The size, slope, alignment, material of construction,
methods to be used in excavation, placing of pipe, jointing, testing,
backfilling and other work connected with the construction of sewers
shall conform to the requirements of the City.


Section 402.06     Protection From Damage.

Subdivision 1.  No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is part of the wastewater facilities.


Section 402.07     Authority of Inspectors.

Subdivision 1.  Duly authorized employees of the City shall be
permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling and testing in accordance with the
provisions of this Ordinance.  Those employees shall have no authority
to inquire into processes including metal-lurgical, chemical, oil,
refining, ceramic, paper, or other industries except as is necessary
to determine the kind and source of the discharge to the public sewer.

Subdivision 2.  While performing the necessary work on private
property as referred to in Subdivision 1 of this Sub-section, the
authorized employees of the City shall observe all safety rules
applicable to the premises as established by the company, and the
company shall be held harmless for injury or death to the City
employees and the City shall indemnify the company against any loss or
damage to its property by City employees and
against liability claims and demands for personal injury or property
damage asserted against the company and growing out of the gauging and
sampling operation, except as such may be caused by negligence or
failure of the company to maintain safe conditions as required in this
Ordinance.

Subdivision 3.  Duly authorized employees of the City shall be
permitted to enter all private properties through which the City holds
easements for the purpose of, but not limited to, inspection,
observation, maintenance and construction of public sewers.


Section 402.08     Penalties.

Subdivision 1.  Any violation of the provisions of this Ordinance
shall constitute a misdemeanor.

Subdivision 2.  Each day on which such violation continues shall
constitute a separate offense.

Subdivision 3.  Any person found to be violating any provisions of
this Ordinance shall be served by the City with notice as provided in
Section 402.10 of this Ordinance stating the nature of the violation
and providing a reasonable time limit, depending on the nature of the
violation, for the satisfactory correction thereof.  The offender
shall within the time period stated in such notice permanently cease
all violation.  Any person who shall continue any violation beyond the
time limit provided for in the written notice shall be guilty of a
misdemeanor and each day in which any such violation shall continue
shall be deemed a separate offense.

Subdivision 4.  Any person violating any of the provi-sions of this
Ordinance shall become liable to the City for any expense, loss or
damage sustained by the City, including labor provided by the City to
correct or remedy any violation.  The City shall notify the violator,
as provided in Section 402.10 of this Ordinance, of such expenses and
the violator shall pay said costs within thirty (30) days of receipt
of said notice.  In the event that the violator fails to pay such
costs, the City may assess the cost thereof against the benefitted
property.  Such assessment shall be a lien against said property.
Such assessment, when levied, shall bear interest at the legal rate
for local improvements and shall be certified to the Auditor of the
County of Becker, Minnesota, and shall be collected and remitted to
the City in the same manner as assessments for local improvements.
The rights of the City shall be in addition to any remedial or
enforcement provisions of this Ordinance.
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Section 402.09     Additional Remedies.

Subdivision 1.  The City reserves the right to pursue any remedies
available to the City, civil or criminal, not otherwise set forth in
this Ordinance, including, without limitation, the right to obtain a
restraining order and injunction to prevent, or remedy, any violation
of this Ordinance.


Section 402.10     Notices.

Subdivision 1.  Notices provided for by the Ordinance shall be in
writing.

Subdivision 2.  Notices shall be considered effective upon service
thereof by one of the following means:

a)  By personal delivery of the same in the same manner as a summons
pursuant to the Rules of District Court; or,

b)  By mailing the same to the addresses to his or her address as
identified in the records of the Becker County Treasurer for the
purpose of taxation.  Mailed notice shall be by first class mail
(or certified mail, return-receipt requested), shall be effective as
of the date of mailing and shall be proved by an affidavit of mailing;
or

c)  By publication thereof once each week for three successive weeks
in a legal newspaper serving the City of Detroit Lakes.


Section 402.11     Validity.

Subdivision 1.  The validity of any section, subdivision, clause,
sentence, or provision of this Ordinance shall not affect the validity
of any other part of this Ordinance which can be given effect without
such invalid part or parts.


Section 402.12     Regulation.

Subdivision 1.  The City by Charter and by Section 206.03 of the City
Code delegates to the Public Utility Commission the authority to
operate the wastewater treatment plant and sanitary sewer lift
stations.  Maintenance of the sanitary sewer mains shall be the
responsibility of the Street Commissioner in accordance with Section
204.05 of the City Code.

	-137-

(3-1-85)

Section 402.13     Rates.

Subdivision 1.  Rates shall be established in accordance with Section
10.05 of the City Charter.


  	Section 402.14     Effective Date.

Subdivision 1.  This Ordinance shall be in full force and effect from
and after its passage, approval, recording and publica-tion as
provided by law.

Subdivision 2.  Passed and adopted by the City Council of the City of
Detroit Lakes, Minnesota, on the 7th day of May, 1991.

Amended:  Ord. No. 62  May 7, 1991