HomeMy WebLinkAboutCity Council Ordinance 1989-01Ordinance No. $7-01
AN ORDINANCE RELATING TO PUBLIC HEALTH AND WELFARE;
AMENDING SECTION 715.01 OF THE PLYMOUTH CITY CODE AND
ADDING A NEW SUBSECTION TO SECTION 715 OF THE CODE.
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Plymouth City Code, Subsection 715.01, subdivi-
sion 2, is amended by adding a new clause to read:
(c) "Surface water" means storm water, ground water,
roof runoff water, or subsurface drainage water.
Sec. 2. Plymouth City Code, Section 715, is amended by
adding a new subsection to read:
Section 715.13. Surface Water Surcharge.
Subdivision 1. Recitals. The City Council finds
that the unauthorized discharge of surface water
into the sanitary sewer system causes a financial
burden on the operation of the system. Such
discharge creates higher peak flows, which can
result in backups of the sanitary sewer system.
Such discharge also causes increased operation and
maintenance costs and requires increased capital
expenditure because of the need to construct
larger sewer treatment facilities to accommodate
the increased water. Users of the sanitary sewer
service who discharge surface water into the
sanitary sewer system should bear the additional
costs resulting from that discharge.
Subd. 2. Establishment of Surface Water Sur-
charge. For the purpose of recovering the in-
creased cost to the City caused by the discharge
of surface water into the sanitary sewer system,
there is established, in addition to the sewer
charges set forth in this section, a surface water
surcharge.
Subd. 3 Procedure for Establishing Surcharge.
Prior to a surface water surcharge being imposed
on a user, the City Manager shall determine
whether the user is discharging surface water into
the sanitary sewer system. If the City Manager
finds that a user is discharging surface water
into the sanitary sewer system, the City Manager
shall notify the user by mail of the City's intent
to impose the surcharge. The notice shall inform
the user of the amount of the proposed surcharge.
Within 14 days after the mailing of the notice,
the user may request, in writing, an inspection of
the property by the City. Upon receipt of the
request, the City Manager shall have the pro2erty
inspected to determine if surface water is being
discharged into the sanitary sewer system. If (i)
the inspection reveals that no surface water is
being discharged into the sanitary sewer system
and (ii) the user signs a written statement
stating that the user will not change, alter,
modify or reconfigure the property in such a way
as to discharge surface water into the sanitary
sewer system, no surcharge will be imposed.
Subd. 4. Right of Appeal. After the inspection
has been completed, the City Manager shall notify
the user in writing of the decision on whether to
impose the surcharge. Within ten days after the
mailing of the notice, a user may file a written
objection with the City Manager and request an
appeal to the City Council. The failure to file
such an appeal is a waiver of the right of appeal.
The surface water surcharge may not be imposed on
the user until the City Council. has acted on the
appeal.
Subd. 5. Subsequent Inspections. After the
surface water surcharge has been imposed, a user
may request an inspection of the property by the
City. Upon receipt of the request, the City
Manager shall have the property inspected to
determine if surface water is being discharged
into the sanitary sewer system. If (i) the
inspection reveals that no surface water is being
discharged into the sanitary sewer system and (ii)
the user signs a written statement stating that
the user will not change, alter, modify or recon-
figure the property in such a way as to discharge
surface water into the sanitary sewer system the
surcharge will be cancelled as of a date specified
by the Manager.
Subd. 6. Amount of Surcharge. The amount of the
surcharge is determined annually by the City
Council and is based on the amount of the
increased sewage treatment cost to the City caused
by the discharge of surface water into the
sanitary sewer system.
Subd. 7. Billing. A surcharge imposed under this
section is included in the billing for service
charges for the month in which it is imposed and
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1 the surcharge is
Sec. 3. This ordinance is effective on the date of its
publication in accordance with Subsection 110.11.
Attest:
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00660803.134
Published: Plymouth Post 1-19-89.
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