ORDINANCE NO. 18 THE TOWN BOARD OF THE TOWN OF WHITE BEAR DOES ORDAIN:

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1 ORDINANCE NO. 18 AN ORDINANCE RELATING TO AND REGULATING THE USE OF SEWER IN THE TOWN OF WHITE BEAR, ESTABLISHING RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE SEWER SYSTEM IN THE TOWN AND MATTERS RELATING THERETO, INCLUDING ALL PROPERTIES, MAINS, RATES AND CHARGES IN CONNECTION THEREWITH AND CONSTRUCTION REQUIREMENTS AND ADOPTING BY REFERENCE THE MINNESOTA STATE PLUMBING CODE THE TOWN BOARD OF THE TOWN OF WHITE BEAR DOES ORDAIN: SECTION 1. ESTABLISHMENT OF DEPARTMENT. There is hereby established a Sewer Department for the Town of White Bear. The sewer system as now constituted, or as shall hereafter be enlarged or extended, shall be operated and maintained under the provisions of this Ordinance subject to the authority of the Town Board at any time to amend, alter, change or repeal the same. SECTION 2. TOWN BOARD. The Town Board shall have charge and management of the sewer system subject to such delegation of authority to the Town Engineer, Sewer Superintendent and to other Town employees as the Town Board shall provide. SECTION 3. The Minnesota Plumbing Code as adopted by the Minnesota State Board of Health on July 20, 1937, and as amended on May 9, 1939, on January 14, 1947, and on October 16, 1951, consisting of 38 pages, 16 articles and 175 sections, together with Appendix A, is hereby adopted and incorporated as an Ordinance of the Town of White Bear, in all its terms and provisions, except as modified, qualified, or otherwise stated herein. Such adoption by reference shall be valid only for the specific issue of the code referred to above and shall not include revisions or succeeding issues except by amendment of this Ordinance or enactment of a subsequent Ordinance. Three official copies of the Minnesota State Plumbing Code shall be properly marked and filed for use and examination by the public in the office of the Town Clerk. Except as specifically stated herein, the Plumbing Inspector shall follow and enforce the provisions of the Minnesota Plumbing Code as adopted by the Minnesota State Board of health on July 20, 1937, together with all amendments thereof.

2 SECTION 4. DEFINITIONS. The terms used herein shall be defined as follows: BUILDING DRAIN. The building drain is that part of the lowest horizontal piping of a drainage system which receives the discharge from other drainage pipes and which lies within the perimeter of the building. BUILDING SEWER. The building sewer is that part of the building drainage system that extends from the building drain to the sewer service line at the property line. SEWER SERVICE. The sewer service line is that which receives the building sewer discharge at the property line and extends to the Town sewer main in the street and is located entirely within the street right-of-way. SECTION 5. SUPERVISION AND PLUMBING STANDARDS. The Town Inspector shall inspect all house sewer connections made to the municipal sanitary sewer system and excavations for the purpose of installing or repairing the same. The expense of cleaning any debris causing blockage or any of the repairs in the building sewer drainage system, building drain, and sewer service lines up to the Town sewer main line in the street, including the wye, or otherwise shall be borne by and paid for by the owner of the property served by the sewer service line. All such work shall be done by or at the direct supervision of Town forces. The owner of the property shall also pay for any damages done to the Town sewer main line, including the cleaning and any repairs of the said sewer main line caused by said debris and cleaning or repairs of said building sewer drainage system, building drain, and sewer service lines. The Town shall have no obligation to clean any blockage in or repair any such building sewer drainage system, building drainage, or sewer service line whether on private property or public property. SECTION 6. APPLICATIONS, PERMITS AND FEES. No person, firm or corporation shall make any type of connection, repair, enlargement or alteration to the sewer system except upon making an application therefore on a form provided by the Town and receiving a permit issued by the Town for such purposes. The application shall include the legal description of the property to be served, the uses for which the connection is requested, and a sketch of the service showing approximate location and the size of the service line to be used. At the time of taking such application, there shall be paid to the Town the following fees for the following purposes: 6-1. No connection shall be made with respect to any sanitary sewer serving the property of any person or occupants of the land, parcel or premises affected unless all assessments for such sewer, or such installments thereof as are due and payable have been paid in full, and unless such owner, occupant or 2

3 user has paid or provided for the payment of the full and proportionate share of the utility, which share shall be payable as follows: For service to the property for which a sewer service line has not been previously installed from the main sewer line to the property line, the owner, occupant or user shall contract with a licensed sewer installer or plumber for the installation of said line and all payments required shall be assumed by the owner, occupant, or user. Only sewer installer or plumber licensed to operate in the Town of White Bear shall be allowed to install service lines within public right-of-ways For service to property outside of the Town, the owner, occupant or user shall pay to the Town of White Bear at the time of application for permit an amount not less than the payments made by or charges placed against comparable properties for like service within the Town of White Bear in an amount as may be established by the Town Board The applicant shall pay to the Town a permit fee in the amount of $10.00 for any sanitary sewer construction, connection, enlargement, alteration or repair, which is to defray the Town costs of inspections and administrations. Where no assessment for the cost of construction of trunk lines, lift stations, force mains and disposal facilities has been levied against the property sought to be connection, a connection fee established by the Town Board shall be collected in cash with the permit fee CONNECTION CHARGES. For the purpose of providing monies necessary for the construction, maintenance and operation of the sewer system, as well as additions thereto, or extensions thereof, including payment of principal and interest due or accruing on bonds or other obligations issued or incurred to finance such construction, maintenance and operation, there is hereby charged with respect to every lot, parcel of land, building or premises other than a single family dwelling, a sum of money hereinafter termed the connection charge. Such charge is made for the privilege of making a connection, direct or indirect to the disposal system through which connection the facilities of the Town are made available for disposal of sewage, industrial waste, water or other liquid from such premises (a). PAYMENT OF CONNECTION CHARGES. Connection charges are payable at the time of building permit issuance. The Building Inspector shall not issue a building permit until such connection charge is paid. If a building permit was issued prior to December 1, 1973, but connection has not been made to the disposal system, connection charges are then payable prior to the time of connection. 3

4 6-1.4(b). APPLICATION AND PERMIT. No connection from any premises to the disposal system is authorized without there being first obtained for such connection a permit issued by the Town. No permit may be obtained from the Town, and no representative of the Town is authorized to issue a permit for connection unless and until an authorized representative of the Town receives an application for such connection, determines and establishes the type of connection to be made and receives the connection charge required or unless by approval of the Town Board such payment is deferred or is to be made in installments. The Town shall prepare and provide for and furnish any form and instrument found necessary to the connection applications and permits of the Town and perform all acts reasonably required with respect thereto. Applications and permits shall be uniform, in accordance with this Ordinance (c). INCREASED CONNECTION CHARGES BASED ON MEASUREMENTS. The determination and establishment in the first instance of the connection charge represented by the connection, especially when made by estimate based upon representation of the owner or occupant of the premises, is at all times subject to further determination and establishment after the connection has been made and used by an actual measurement by the Town or Metropolitan Sewer Board of the sewage or water discharge from such connection entering into the system of the Town. The receipt and acceptance by the Town of any money paid and received by the Town, as previously imposed, does not bar the Town s right to payment of the correct amount of money due therefore, and may be determined and established by actual measures; and the Town s right to recover therefore is not impaired. After a connection has been made and the connection charge established, imposed and paid, no diminution in discharge from the premises shall entitle the owner (or occupant) to a reduction, reimbursement or refund with respect to the connection charge imposed and paid (d). CALCULATION OF CONNECTION CHARGES (d).1. There shall be charge for each connection unit as established from time to time by resolution of the Town Board (d).2. The following are hereby established as connection units: 4

5 6-1.4(d).2(a). Townhouses, duplex units, condominium units shall each comprise one unit (d).2(b). Mobile homes shall each comprise one unit (d).2(c). Public housing units and housing units subsidized under any program for low and moderate income housing shall be counted as 80% of the unit equivalent for that type of housing (d).2(d). Commercial, institutional, industrial and other building types shall be assigned a minimum of one unit. Unit assignments for various commercial, industrial and institutional building types shall be as follows: Type of Facility Parameter Connection Units Arenas 100 seats 1 Automobile Service 2 service bays 1 Center Barber Shop 1 Boarding House 5 beds 1 Bowling Alleys 3 alleys 1 Car Wash 30 Car Wash (self-service) 1 stall 3 Churches 250 seats 1 Cocktail Lounge 25 seats 1 General Office Building 2,400 sq. ft. floor space 1 Hospitals 1 bed 1 Laundromats 2 machines 3 Motels & Hotels (assume 2 rooms 1 2 persons/room) Nursing Home 3 beds 1 Restaurant (drive-in) 9 parking spaces 1 Restaurant (24 hr 6 seats 1 service) Restaurant (not 24 hr 12 seats 1 service) Restaurant (with cocktail 9 seats 1 lounge) Retail Stores 3,000 sq. ft. floor space 1 Rooming Houses 7 beds 1 Schools (elementary) 20 students 1 Schools (secondary) 15 students 1 5

6 Service Station (gas 1 pumping only) Service Station (with 2 service center) Service Station (with 8 service center & car wash) Swimming Pools Per 900 cubic feet 1 Theater 75 seats 1 Theater (drive-in) 55 parking spaces 1 Warehouses 14 employees (d).2(e). The connection unit for those building uses not in Section 6-1.4(d).2(d)., shall be determined by the Sewer Board. The Town shall provide appropriate forms to those required to get Sewer Board approval and shall submit the completed form to the Sewer Board. No building permit may be issued until the Sewer Board has designated and transmitted to the Town the connection unit assigned. The Sewer Board may review actual sewage flow one year after the initial discharge, and the Town shall impose such additional connection charges in accordance with the provisions of this Ordinance (d).2(f). RIGHT OF ACTION. Any charges levied pursuant to Section 6-1.4, and which have been properly billed to the occupant of any premises served, and not paid, may be covered in a civil action by the Town in any court of competent jurisdiction (d).2(g). APPLICATION OF FUNDS. The funds received from the collection of charges authorized by this Ordinance shall be deposited, as collected, in a fund known as the Water and Sewer Fund, and shall be disbursed: 6-1.4(d).2(g).1. To meet costs of operation: 6-1.4(d).2(g).2. To the debt redemption to provide funds for the payment of principal and interest on bonds issued to finance the costs of constructing improvements to the Town sanitary sewer system as prescribed by resolutions or covenants authorizing or securing such bonds; and 6

7 6-1.4(d).2(g).3. To provide funds for the reasonable requirements of extending, improving and replacing Town Sanitary Sewer facilities Multiple connections of more than one building to a single building sewer or sewer service line shall be permitted only by special application to the Town. The applicant shall submit a detailed sketch showing location, grades and special structures to the Town Engineer for review prior to applying for a permit. All costs involved for the engineering review shall be paid by the applicant along with the other required fees at the time of issuance of the permit. The charge for the cost of the trunk lines, lift stations, force mains and disposal facilities as defined in Section 4, shall be levied against each property sought to be connection either through single sewer services or multiple connections TOWN SEWER AVAILABILITY CHARGE. The owner of any property desiring to connection such property to an existing municipal sanitary sewer main where such property has not previously been connected to said main may do so on the approval of the Town and upon paying a Town sewer availability charge. The Town sewer availability charge shall be determined by Town Board Resolution in accordance with Ordinance No. 54. This Town sewer availability charge shall be in addition to the sewer availability charge made by the Metropolitan Waste Control Commission. SECTION 7. DELAYED CONNECTION CHARGE. To protect the general health and welfare of the Town, it is required that the liquid waste from any plumbing system of any residence, dwelling, or building be discharged to the public sewer system, the owner of each residence, dwelling, or building to which the sewer service is or becomes available shall be subject to an additional charge of $ plus other penalties as provided herein if such connection is not made within eighteen (18) months after the property has been assessed and the sewer service becomes available EXTENSION. The Town Board may, in their discretion, grant an extension from the eighteen (18) month connection requirement. The extension period shall be for eighteen (18) months and shall be granted on the condition that the owner provides the Town Board with a certificate of compliance for their septic system in accordance with Ordinance No.70 (Individual Sewage Treatment Systems). Further extension beyond the initial 18-month extension may be considered by the Town Board, and in it sole discretion, granted for a further period of time determined by the Town Board, and shall be granted on the condition that the owner provides the Town with a certificate of compliance for their septic system in accordance with Ordinance No. 70 (Individual Sewage Treatment Systems). 7

8 SECTION 8. PLUMBING INSPECTOR. The Plumbing Inspector shall examine all applications before construction is begun and after the construction, enlargement, alteration or repair is complete, the Plumbing Inspector shall be notified. It shall be unlawful to cover any affected lines until an inspection has been made and such connection and the work incidental thereto has been approved by the Town as a proper and suitable connection. It shall be the duty of the sewer installer and/or plumber to notify the Plumbing Inspector by telephone or in writing, not less than eight working hours between the hours of 8:00 a.m. and 4:00 p.m. before work is to be inspected or tested. SECTION 9. EXISTING DRAINAGE AND PLUMBING SYSTEMS. Prior to connection to the public sanitary sewer system, the Plumbing Inspector shall examine the existing drainage system and the interior plumbing system. All such systems shall conform to the requirements of this Ordinance and the requirement of the Minnesota Plumbing Code. In the event that such drainage system or plumbing system is determined to be non-conforming to the above requirements, the contractor, owner or occupant shall do whatever corrective work which may be necessary before final hook-up to the public sanitary sewer system is made. The decision of the Plumbing Inspector as to the extent of corrective work to be done in each individual case to conform to the above requirements shall be final. SECTION 10. INSTALLATION OF CONNECTIONS. All sewer services shall be installed by a Master Plumber licensed in the State of Minnesota and the Town of White Bear. And owner, occupant or licensed plumber may install, repair or make alteration to the building drain or building sewer lines provided that said construction is conducted under the regulations of this Ordinance. Prior to receiving a permit for plumbing work as outlined herein, a satisfactory showing must be made that such plumber excavator, or sewer installer is carrying liability insurance in an accredited company with the Town against loss in the sum of $25, and $50, as customarily provided in such policies. Plumbers, excavators and sewer installers shall pay an annual license fee of $12.00 upon application for license to the Town Clerk. SECTION 11. EXCAVATING WORK All installation work or repair of connection to the sewer system including grades, bends and backfilling shall be inspected by the Plumbing Inspector. No work shall be covered or backfilled until directed by said inspector. All work and excavations shall be protected by barricades and warning markers and lights reasonable and suitable for the purpose. The Town shall be held harmless of any claim or loss as might otherwise arise for damage, loss or injury caused by or arising by reason of such work being performed. 8

9 11-2. No digging in any permanent type street shall be permitted except by special written permission from the Town. Backfilling shall be thoroughly compacted by mechanical means to 95% Standard Proctor density. The top 12 inches of the excavation shall be backfilled with M.H.D.; Class 5 gravel base material. The base shall be primed and a 2 inch thick bituminous surface installed in accordance with Minnesota Highway Department Specification No Where excavations are unsatisfactorily filled and surfacing is improperly patched, the Town Board shall cause them to be placed in a satisfactory condition and the cost thereof shall be charged to such plumber making the same, and the privilege of such plumber doing further work within the Town shall be suspended until such charge is paid. Such plumber shall be given notice thereof and ten days within which to pay such charge. SECTION 12. CONSTRUCTION REQUIREMENTS. All building sewers and sewer service lines shall be of extra strength cast iron soil pipe. Joints shall be made by use of jute and pure molten lead well caulked in place or by using a Town approved pre-formed compression gasket. Individual service lines shall not be less than 4 inches in diameter and shall be placed at a uniform grade of not less than 1/8 of an inch per foot. Sewer service lines shall contain no more than two (2) 45 degree bends, clean out shall be at intervals not to exceed 80 feet. Multiple connections of more than one building shall be as approved by the Town Engineer as described under Section 6-2. No interconnection of the existing private sewer system shall remain upon connection to the public system. If a sewer service connection is such that gravity flow can be had to the public sewer main and a sump pump is presently used, said sump pump shall be disconnected, discontinued and removed from service. The sewer connection stub is marked by a 2 x 2 wood stake approximately 8 feet long. The sewer installer should verify the location and elevation of the connection before proceeding with the installation. Any deviation from the plan location which will affect the installing of the sewer house connections, should be brought to the attention of the Town immediately. The Town will assume no responsibility for extra charges as a result of such misplaced connection unless it is notified before any work is done and has had an inspection made by its representative to confirm the condition and to authorize extra work. SECTION 13. SYSTEMS. PROHIBITED DISCHARGES INTO SANITARY SEWER The Town Board has found that the discharge of water from any roof, surface, ground, sump pump, footing tile or natural precipitation from any other source into the Town s sanitary sewer system may flood and overload the sanitary sewer system, and cause detrimental effects to the environment and is 9

10 not allowed by the Town Ordinance. Such overloading may cause backup of sewage into the living quarters of residents and in addition to other damage create a hazard to health and additional charges tot the Town by the Metropolitan Waste Control Commission because of increased flow. The Town Board therefore, finds it is essential to the maintenance of health and to minimize damage to property and to protect our natural water resource, that the provisions of this section be strictly enforced to avoid emergencies, and detrimental affects to the environment in the future DEFINITION AND METHOD. No water from any roof, surface, ground, sump pump, footing tile, or natural precipitation from any other source shall be discharged into the sanitary sewer system. Sump pump systems shall have permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided herein. A permanent installation shall be one which provides for year-around discharge capability to either the outside of the dwelling, building or structure, or is connected to the Town storm sewer or discharges through the curb and gutter to the street. It shall consist of a rigid discharge line without valving or quick connections for altering the path of discharge, and if connected to the Town storm sewer line, include a check valve DISCONNECTION. Before January 1, 1993, any person, firm or corporation having a roof, surface, ground, sump pump, footing tile now connected and/or discharging into the sanitary sewer systems hall disconnect and/or remove the same. Any disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner, as approved by the Code Enforcement Officer Every person owning improved real estate that discharges into the Town s sanitary sewer system shall allow an employee of the Town of White Bear or their designated representative 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 the Ordinance shall make necessary changes to comply with the Ordinance, shall furnish proof of the changes to the Town, and be inspected by the Town within 30 days of notification of non-compliance. Notification of non-compliance will be given to the property owner by the Code Enforcement Officer at the time of inspection FUTURE VIOLATIONS. At any future time the Town may conduct random inspections periodically, or if the Town has reason to suspect that an illegal connection exists in a premises, to insure compliance of this Ordinance. 10

11 13-5. VARIANCES. The Town Board shall have the power and duty of hearing and deciding requests for variances 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 variances pursuant to this section shall be addressed in writing to the Town of White Bear. The applications shall at a minimum identify the property for which the variance 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 safety concern. within 30 days after application the Town shall make their order deciding on the matter and serve a copy of such order upon the applicant by mail. Upon receipt of an application for variance the Town shall allow the property owner to temporarily discharge directly into the sanitary sewer system. Upon approval of a variance a property owner shall be allowed to discharge directly into the sanitary sewer system as provided for in the conditions of the approval PENALTY. A surcharge of One Hundred ($100.00) Dollars per month is hereby imposed and added to every sewer billing mailed on and after June 1, 1993, to property owners who are not in compliance with this Ordinance. This surcharge is in addition to any other penalties that may be incurred under this Ordinance. SECTION 14. USER CHARGES For the purpose of providing monies necessary to the construction, maintenance, and operation of the disposal system of the Town and the Metropolitan Sewer Service Board as well as additions thereto, or extensions thereof, including payment of principal and interest due or accruing on bonds and other obligations issued or incurred to finance such construction, maintenance, and operation, there is hereby charged a use charge to be collected by the Town with respect to each lot, parcel of land, building or premises, having any connection, direct or indirect, with the disposal system of the Town or otherwise discharging sewage, industrial waste, water or other waste directly or indirectly to the Town disposal system. The use charge is to be paid periodically commencing with connection and continuing (unless for good cause, waived or excused) for as long as the premises remain connected, whether or not such connection is actively used for discharge or sewage or waste during any particular period of time COMPUTATION OF USER CHARGES. Charges for sewer use shall be payable on a quarterly basis, and the unit rate shall be established from time to time by Town Board resolution. Unit assignments shall be as follows: 11

12 Residential within the Town of White Bear - one unit Residential outside the Town of White Bear - one unit Non-Residential within the Town of White Bear - minimum of one unit; Non-Residential non-tax exempt within the Town of White Bear, charge for each 1,000 gallons in excess of 20,000 gallons of waste disposal per quarter as determined in Section five-hundredths (.05) of a unit; Non-Residential outside the Town of White Bear or tax exemptminimum of one and one-half units; and Non-Residential tax exempt or outside the Town of White Bear, charge for each 1,000 gallons in excess of 20,000 gallons of waste disposal per quarter as determined in Section five hundredths (.05) of a unit COMPUTATION OF NON-RESIDENTIAL GALLONAGE. For the purpose of this Ordinance, waste disposal gallon age is hereby determined to be equal tot the most recent winter quarter water usage. Quarterly use charges for non-residential users shall be based on the most recent winter quarter water use figures available. Winter quarters include November - January; December - February; January - March. In any case where waste disposal gallon age cannot be fairly and equitably determined form winter quarter water usage, the Director of Public Works shall estimate or determine the waste disposal gallon age based upon other available information or measurements USER CHARGE SURCHARGE. In the event the Sewer Board makes an industrial waste surcharge to the Town of White Bear, such surcharge shall be charged by the Town to the designated industrial user causing such discharge. Such surcharge shall be in addition to other charges required herein A connection, once made, shall not, nevertheless, thereafter be continued in use, except and unless there is paid and received by the Town with respect to such connection a sum of money at least equal to the use charge imposed and to be collected by the Town (with respect to such connection) for each quarterly period of time that such connection exists, whether such connection is then being actively used or otherwise. Such use charge shall be promptly paid when due by the owner (or occupant) of the premises affected directly to the Town for the (Quarterly) period of use represented by such payment. 12

13 14-6. INDUSTRIAL USER STRENGTH CHARGE. Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the Commissioner ), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the Act ), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System(as defined in Minnesota Statutes, Section , Subdivision 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to charge based upon the volume of discharge. In order for the Town to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the Town. Furthermore, Minnesota Statutes, Section provides that for the purpose of Chapter 423, Local Government Unit means any Town, lying in whole or part within the metropolitan area; Section provides that for the purposes of Section to Local Government Unit or government unit means any governmental subdivision located in whole or in part in the metropolitan area, authorized by law to provide for the collection and disposal of sewage: Section , Subdivision 3, provides that to accomplish any duty imposed on it by the Metropolitan Council or the Metropolitan Waste Control Commission, the governing body of every governmental unit in the metropolitan area may exercise the powers granted any municipality by Minnesota Statutes, Chapter 117, 412, 429, 475 and Sections , , and ; and Section , Subdivision 3, empowers the Town to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the county auditor as a tax lien against the property served ESTABLISHMENT OF STRENGTH CHARGES. For the purpose of paying the costs allocated to the Town each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the Town, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services within or served by the Town, based upon strength of industrial waste discharged into the sewer system of the Town (the Strength Charge ) ESTABLISHMENT OF STRENGTH CHARGE FORMULA. For the purpose of computation of the Strength Charge established by Section hereof, there is hereby established, approved and adopted in compliance with the Act the same strength charge formula designated in Resolution No adopted by the governing body of the Commission of June 15, 1976, such formula being based upon pollution qualities and 13

14 difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission STRENGTH CHARGE PAYMENT. It is hereby approved, adopted and established that the Strength Charge established by Section hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20 th ) day next succeeding the date of billing thereof to such user by or on behalf of the Town, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance due ESTABLISHMENT OF TAX LIEN. As provided by Minnesota Statutes, Section , Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section hereof is not paid before the sixtieth (60 th ) day next succeeding the date of billing thereof to the industrial user by or on behalf of the Town, said delinquent sewer strength charge, plus accrued interest established pursuant to Section hereof, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the Town, or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the Town or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. SECTION 15. BILLING REGULATIONS The Town Clerk or other designated person shall compute the amount due to the Town for sewage use on a quarterly basis payable quarterly for the preceding quarter and shall be set forth in Ordinance No. 54 (Fees & Charges). All amounts due as described herein shall be payable at the office of the Town Clerk or other designated person by the date established on the quarterly bill A penalty of ten percent (10%) shall be added to all bills not paid by the date established in Section SECTION 16. SEWER FUND. All funds received from the collection of assessments, connections charges, and sewerage use rates, shall be deposited by the Town Clerk or other designated person within seven days after the receipt 14

15 thereof and kept by him as a separate and distinct fund which shall be known as the Sewer Fund. These funds shall be used for the payment of all costs incurred by the Town of White Bear in connection with the construction, maintenance and operation of the sanitary sewer system within the Town, and any excess received shall be used for retiring indebtedness incurred for the construction of such sewage disposal system. SECTION 17. COLLECTION OF DELINQUENT CHARGES. Each charge levied by and pursuant to this Ordinance is hereby made a lien upon the corresponding lot, land, parcel or premises served by a connection to the sewer system of the Town. All such charges which are on September 1 st of each year more than 30 days past due and having been properly billed to the occupant of the premises served, shall be deemed a delinquent account and may be certified to the Town Clerk who shall prepare an Assessment Roll each year providing for assessment of the delinquent account against the respective property served. In preparing the assessment roll, the Town shall collect an administrative charge for each account as provided in Ordinance No. 54 (Fees & Charges). This assessment roll shall be delivered to the Town Board for adoption on or before September 15 th of each year, and upon approval thereof, the amount due shall be certified by the Town Clerk to the Auditor of Ramsey County before the 15 th day of October of each year, and the Town in so certifying such charges to the County Auditor shall specify the name of the owner of the premises, the description of the premises served and the amount thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes. Such action may by optional or subsequent to using legal action to collect delinquent accounts. SECTION 18. SEPARABILITY OF SECTIONS. If any portion of this Ordinance shall be held invalid, the invalidity of such portion shall not affect the validity of the other provisions of this Ordinance which shall continue in full force and effect. SECTION 19. PENALTIES. Every person convicted of a violation of any provision of this Ordinance shall be punished as provided by Ordinance No. 26 (Maximum Fines). SECTION 20. VARIANCES. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Ordinance, the Board shall have the power to vary the requirements of this Ordinance in harmony with the general purpose and intent thereof, so that the public health, safety and general welfare may be secured and substantial justice done. SECTION 21. ENTRY UPON PRIVATE PROPERTY. The Town Engineer and other duly authorized employees of the Town bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties 15

16 for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the municipal sanitary sewer system. SECTION 22. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the Town Board of the Town of White Bear, Minnesota, this 10 th day of May, ATTEST: MARY E. POPE, Clerk-Treasurer APPROVED: KENNETH A. KUMM, Chairman Board of Supervisors: KENNETH A. KUMM, Chairman TERRENCE ROONEY, Supervisor JOHNSON, Supervisor Published in the White Bear Press on May 27, Historical Notes 2013 Section 15-1 and 15-2 passed August 5, 2013, and effective August 14, 2013 by Mample (Chair), Kermes and Prudhon; Short (Clerk-Treasurer) Section 7-1 passed July 5, 2011, and effective July 13, 2011 by Mample (Chair), Kermes and Prudhon; Short (Clerk-Treasurer) Section 7 passed March 6, 2000, and effective March 29, 2000 by Weisenburger (Chair), Sand and Ford; Short (Clerk-Treasurer) Section 13 and 19 passed January 4, 1993, and effective January 13, 1993 by Weisenburger (Chair), Sand and Pfeffer; Short (Clerk-Treasurer) Section 17 passed July 20, 1992, and effective August 5, 1992 by Weisenburger (Chair), Sand and Pfeffer; Short (Clerk-Treasurer); Section 5 passed August 17, 1992, and effective August 26, 1992 by Weisenburger (Chair), Sand and Pfeffer; Short (Clerk-Treasurer) Section 6-3 passed April 15, 1991, and effective May 1, 1991 by Weisenburger (Chair), Sand and Pfeffer; Short (Clerk-Treasurer) Section 7 passed December 3, 1990, and effective December 19, 1990 by Weisenburger (Chair), Sand and Pfeffer; Short (Acting Clerk-Treasurer). 16

17 1988 Section 5 passed June 6, 1988, and effective June 15, 1988 by Weisenburger (Chair), Jungkunz and Sand; Malinen (Clerk-Treasurer) Section 17 passed July 28, 1980, and effective August 7, 1980 by Perron (Chair), Sand, Jungkunz; Webber (Clerk-Treasurer) Section 14A passed July 11, 1977, and effective August 31, 1979 by Perron (Chair), Sand, Jungkunz; Rolph (Clerk-Treasurer) Section 14 passed May 21, 1974, and effective May 30, 1974 by Rooney (Chair), Perron, Sand; Rolph (Clerk-Treasurer) Section 5, 6, 14, and 17 passed December 17, 1973, and effective December 27, 1973 by King (Chair), Rooney, Perron; Rolph (Clerk-Treasurer) Ordinance, Title and Section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 originally passed May 10, 1965 by Kumm (Chair), and effective May 27, 1965, Rooney, Johnson; Pope (Clerk-Treasurer). 17