ORDINANCE NO. 166 City of Moose Lake | Public Notices


CERTIFICATE OF INFLOW AND INFILTRATION (I&I) COMPLIANCE

SECTION 1. Clear Water Prohibition. No clear water shall be discharged directly or indirectly into the Wastewater Collection and Transmission System (WCTS).  No foundation drains, sump pumps, roof drains, or catch basins are permitted to discharge into the WCTS.

SECTION 2. Definitions. 

Certificate I&I Compliance: Means a certificate issued by the City of Moose Lake to verify that a building being sold, transferred or otherwise conveyed, or subject to any of the conditions, including a major building remodeling project, as provided in Section 3.B., is not contributing any material amounts of unpolluted water to the WCTS through a sewer lateral, foundation drain, roof drain, catch basin or malfunctioning sump pump.

Clear Water: Any surface, flow, run off, and drainage that does not contain any hazardous substance or sewage. This includes but is not limited to NPDES permitted discharges, storm water and water from foundation and footing drains and basement or other sump pumps.

Connection Fee: The City of Moose Lake fee for new connections to, and estimated expanded uses of, the WCTS.

Correction Notice: Means the written notice issued by the Sewer Official to the Owner after review of the Inspection Report advising that the Owner’s property is not in accordance with the City of Moose Lake’s sanitary sewer service requirements, and notifying the Owner of corrections to the property needed to bring it in to compliance in a timely manner.

Foundation Drain: Means that part of the lowest horizontal piping of a drainage system, which receives the discharge of wastewater from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building Sewer Lateral.

Infiltration: An indirect connection of clear water into the WCTS.

Inflow: A direct connection of clear water into the WCTS.

Inspection Report: Means he report required to be provided to the City of Moose Lake by the Owner pursuant to Section 4 of this Ordinance.

New Use: Means the development or redevelopment of a property for a different residential, business or industrial use evidenced by the requirement of a building permit issued by the City of Moose Lake or by other official governmental actions.

Owner: Means the person(s) or entities that own or hold the title to a property served by the WCTS.

Notice to Inspect: Means the written notice sent to the Owner by the Sewer Official which requires the Owner to obtain an Inspection Report and file it with the City of Moose Lake.

Sewer Service Lateral or Service Lateral: Means the sanitary sewer system piping generally perpendicular to the sewer main and/or extends from the sanitary sewer main to the structure being served. 

Sewer Official: The person identified by the City of Moose Lake as the individual responsible for management and operation of the portion of the WCTS operated by the City of Moose Lake.

Sump: Means a pit or reservoir located at the lowest point in the building foundation drainage system serving as a drain or receptacle for liquids.

Sump Pump: Means the pump and discharging pipes designated to remove liquids from the Sump and discharge them away from the building foundation.

Wastewater Collection and Transmission System (“WCTS”): Means the system for wastewater collection and transmission, including all pipes, force mains, gravity sewer lines, lift stations, pumping stations, and appurtenances owned and operated by the City of Moose Lake which collects wastewater from residences and businesses.

SECTION 3. Events Requiring a Certificate of I&I Compliance.

A. Required. No person shall sell, advertise for sale, give or transact a change in title or ownership of real property with one or more buildings connected to the WCTS without first obtaining a Certificate of Sump Pump or Foundation Drain Disconnection I&I Compliance from the City of Moose Lake.

B. Events Requiring a Service Lateral Inspection. Except as provided by Subsection C of this Section an Owner, or if applicable, all multiple Owners of a common Sewer Service Lateral, shall have the Service Lateral cleaned and inspected as required in this Ordinance at the property Owner’s expense when ay of the following events occur:

a. If the Sewer Official sends the Owner a written Notice to Inspect for health and safety reasons, the Service Lateral must be cleaned and inspected not later than the 120th day after the date of the notice and an Inspection Report submitted to the Sewer Official.

b. When building a new structure on property with an existing Building lateral, or when otherwise proposing to connect a previously unconnected structure to an existing lateral.

c. As a condition of approval of any major building remodel project.  A major building remodel project is one that is estimate by the City to cost $75,000 or more.

d. Prior to the close of escrow when the property is transferred via sale or other transfer of ownership by deed, instrument, or writing.  (ANOTHER OPTION – No person shall sell, advertise for sale, give or transact a change in title or ownership of real property)

e. Wherever the City finds that a sewage overflow emanating form a Building Sewer presents a threat to public health, even if it has not flowed across a property line. 

f. Upon repair or replacement of any portion of a Sewer Service Lateral.

C. Exceptions. The following are exceptions to the Sewer Service Lateral inspection requirements provided in subsection A and B above:

a. Structures that were constructed ten (10) years or less prior to the event listed in subsection 6A;

b. Structures that have a Sewer Service Lateral that was replaced, relined or installed within ten (10) years prior to the event listed in subsection 6A;

c. Structures not connected to the City sewer system or 

d. The Owner voluntarily replaces or relines the Service Lateral upon the occurrence of one of the events in subsection 3A or 3B.

SECTION 4. Certificate of I&I Compliance Inspection.

A. Certificate of I&I Compliance. If the Owner needs to obtain a Certificate of I&I Compliance pursuant to Section 3B, the Owner shall complete an application for a Certificate of I&I Compliance in the form prescribed by the City of Moose Lake. At the time of application, the Owner shall pay the fees (if applicable) in the amount set from time to time by the City of Moose Lake.

B. Inspection.  Property owners shall, at their own expense, inspect and provide to the City a report of the results of an inspection of, the Building Sewers, Floor Drains, Foundation Drains, and Sump Pumps on their property prepared by a licensed plumber prior to issuance of a Certificate of I&I compliance.  In the absence of a specific deadline, all inspection and testing work shall be completed within 60 days of notification by the City that such repair is required. 

C. Report Required. The Owner of any dwelling structure, commercial building structure or other building or land upon which such buildings are located which are connected to the WCTS, must provide an Inspection Report to the City of Moose Lake upon receiving a Notice to Inspect from the Sewer Official.

D. Inspection Report Requirements. The Report shall be prepared in a format acceptable to the City of Moose Lake. A Report is not required if the Owner relines or replaces the entire Sewer Service Lateral after the inspection, and provides written evidence to the Sewer Official proving that the work was properly completed. 

a. Inspection Report Standards. The Sewer Service Lateral Inspection Report required by this Ordinance shall be prepared in accordance with the following requirements and specifications.

b. The Inspection Report shall be prepared by an insured, bonded, and licensed plumber or a person approved by the City of Moose Lake and qualified to conduct such inspections. 

c. The Inspection Report shall identify all of the following:

i. Any and all defects that could allow Infiltration or Inflow into the Service lateral or otherwise create a maintenance issue in the WCTS, including all of the inspection criteria listed in Section 4D.

ii. Whether any connection, by pipes or otherwise, allows rainwater or groundwater to enter the Service Lateral or WCTS.

iii. Date of the inspection.

iv. Name of the person conducting the inspection and the business employing the person.

v. A certification that the inspection of the Service Lateral was conducted using televised video.

vi. A certification that no floor, roof, foundation and/or surface drains are physically connected to the Service Lateral.

vii. A certification that the Service Lateral was thoroughly cleaned prior to the inspection.

viii. If necessary, a recommended method for repair of the Service Lateral to eliminate the Inflow or Infiltration into the WCTS.

E. Sewer Service Lateral Inspection Criteria. The Building Sewer shall be considered compliant with provisions of this Section if the Inspection Report verifies all of the following conditions:

1. The Service Lateral is free of roots, grease deposits, and other solids which may impede or obstruct the transmission of sewage.

2. There are no improper or illegal connections to the building Service Lateral such as sump pumps, down spouts, foundation drains or area drainage facilities.

3. All joints in the building Service Lateral are tight and sound to prevent the exfiltration of sewage and the infiltration of groundwater, storm water and rain water.

4. The Service Lateral is free of structural defects, cracks, breaks, displaced joints, or missing portions and the grade is reasonably uniform without major sags or offsets.

5. Service is constructed of PVC or a form of PE pipe.

F. An inspection is presumed valid for a period of six (6) months from the date of inspection. If the property owner fails to obtain a Certificate of I&I Compliance within the six (6) month period, the City of Moose Lake in its sole discretion may require the property owner to obtain another inspection before issuing a Certificate of I&I Compliance.

G. Action By Sewer Official. Based upon the Sewer Official evaluation of the deficiencies or findings outlined in the Inspection Report, the Sewer Official may:

a. Issue a Correction Notice to the Owner as provided in Section 5, specifying the deficiencies to be corrected as may be deemed appropriate by the Sewer Official, and the deadline within which the Owner shall complete the required corrective actions necessary to bring the sewer lateral into compliance with this Ordinance.

b. Issue a Certificate of I&I Compliance for the property which is the subject of the Inspection Report.

SECTION 5. Correction Notice.

A. If inspection discloses that the property is not in accordance with the City’s sanitary sewer service requirements, a Correction Notice may be issued by the Sewer Official requiring corrections to the property to bring it in to compliance. 

B. If the Sewer Service lateral, Foundation Drain, or Sump Pump is found to be defective, the property owner shall make the necessary repairs, at the sole expense of the property owner. The City’s Authorized Representative shall determine the extent of repair required, and more limited repair than complete replacement of the lateral may be permitted at the sole discretion of the City’s Authorized Representative. 

C. In the absence of a specific deadline established by the City, all repair or replacement work shall be completed within 120 days, or by agreement with the City and property owner, of notification by the City that such repair is required.  

D. Existing Building Sewers shall not be used if they are found to be defective by the inspection or if they fail City mandated tests or if they were constructed of materials deemed unacceptable by the City’s Authorized Representative. 

E. When a sewer lateral is completely replaced, the following requirements shall be met:

a. A replaced or repaired lateral shall not be covered or backfilled until it has been inspected by a representative of the City. 

b. All new and repaired laterals must pass an air pressure test as specified by the City’s Authorized Representative.  In general, the Sewer Service Lateral is tested with each opening tightly plugged. Apply pressurized air to the test area until there is a uniform gauge pressure of approximately 4 psi. The air pressure must be maintained at 3.5 to 4 psi for 2 minutes until it stabilizes, and the test may then begin. The minimum starting air pressure for the test is 3.5 psi. Once the test begins there may be no more air pressure added to the Service Lateral.

F. Upon proof of satisfactory completion of the corrections, a Certificate of I&I Compliance, if requested pursuant to Section 3 or 4, shall be issued.

SECTION 6. Sewer Service Lateral – Ownership, Maintenance and Repair

A. Owner Requirements. Service Laterals from the main to the structure being served shall be owned, maintained and repaired by the Owner of the property which the Service Lateral serves.

B. Maintenance and Repair. Property owners must clean, maintain and repair Service Laterals serving their property sufficient to keep the Service Lateral in operable condition at all times. Maintenance under this section includes:

1. Clearing obstructions from the Service Lateral;

2. Repairing a defect in the Service Lateral that allows the introduction of Inflow & Infiltration or debris into the WCTS;

3. Repairing a defect in the Service Lateral that allows the discharge of sewage on the property.

The property Owner shall perform such duties as may be required to respond to and correct observed overflows, illegal drainage connections or seepage, blockages, material defects or other deficiencies in the Service Laterals as determined by the Sewer Official. Factors causing improper operations, partially listed in this paragraph, may be discovered by smoke testing, response to a sanitary sewer overflow, televising or other surveys of the Service Lateral conducted by the Sewer Official.

SECTION 7. Compliance and Expiration

A. Once a Certificate of I&I Compliance for a Service Lateral is issued, that Service Lateral shall not require inspection for a period of ten (10) years from the date of issuance unless the City of Moose Lake has reason to believe the Service Lateral is in a defective condition.

B. A Certificate of I&I Compliance is valid to be used for the transfer of the property.

C. A Correction Notice may be issued by the Sewer Official permitting transfer of title of the property if the following conditions are met:

1. An agreement by the Owner and transferee has been executed and, whereby the Owner and transferee agree to complete corrections to the property necessary to bring it within compliance of the City of Moose Lake’s sanitary sewer service regulations within one hundred twenty (120) days of the transfer of property; and

2. Security to ensure completion of any corrections to the property must be posed with the closing agent in the form of an escrow, or with the City of Moose Lake when a closing agent is not involved, at the time of property transfer or closing. Security must be in an amount at least equal to 125% of the retail value of the work necessary for compliance. Escrow must be fully maintained until a Certificate of I&I Compliance is issued.

D. The Owner and any real estate agents involved in the transaction are responsible for disclosing the Correction Notice to the transferee and all other persons or entities involved in the transaction. Responsibility for repairing any non-conformance with the sanitary sewer service regulations run with the land and is not only an obligation of the owner or transferor but is also an obligation of the transferee of the property.

SECTION 8. Failure to Comply; Penalty.

A. Property owners not in compliance with this Ordinance will be charged a monthly surcharge.

B. A surcharge of $100.00 per month is hereby imposed and added to every sewer billing to property owners who are not in compliance with this Ordinance. The surcharge shall be levied monthly on properties not complying with this Ordinance. This charge shall cease when the property has been inspected and a Certificate of I&I Compliance is issued by the Sewer Official.

SECTION 9. Appeal.

A. The City shall have the power and duty of hearing and deciding requests for waivers from the applicability of the provisions of this ordinance.  Where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause a safety problem, application for waiver shall be in writing addressed to the City of Moose Lake.

B. The application shall identify the property for which the waiver is being applied, the name of the property owner, and describe in detail what characteristics of the subject property create an undue hardship.

SECTION 10. Effective Date.

Adopted by Moose Lake City Council of the City of Moose Lake, Minnesota this ____ day of ____________, 2022.

SIGNED:

Ted Shaw, Mayor

ATTEST:

Ellissa Owens, City Administrator

(Published in the Moose Lake Star-Gazette on March 24, 31, 2022)



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