01-003-O
ORDINANCE NO. __________

AN ORDINANCE PERTAINING TO SANITARY SEWERS IN THE FOND DU LAC AREA OF DULUTH; ADDING A NEW ARTICLE XII TO CHAPTER 43, DULUTH CITY CODE, 1959, AS AMENDED.

BY COUNCILOR STOVER:

        The city of Duluth does ordain:

                Section 1.    That a new Article XII entitled "Fond du Lac Area Sanitary Sewers" be added to Chapter 43 of the Duluth City Code, 1959, as amended, to read as follows:

Article XII. Fond du Lac Area Sanitary Sewers.

Sec. 43-68.    Fond du Lac area sanitary sewer regulations; purpose; scope; applicability; area defined.

        (a)    Public health, safety, welfare and convenience have made it necessary to construct a sanitary sewer system in the Fond du Lac area which will replace numerous marginal and failing septic systems located near an established floodplain of the St. Louis River. Because of the length of the system, lack of development density in the area, method of financing the system, and methods required to discharge sewage from residences to sewer mains in the area, it is necessary to have some special wastewater facilities regulations that apply only to the Fond du Lac area;
        (b)    The regulations contained in this Article shall apply to wastewater facilities within the Fond du Lac area. The provisions of the remainder of Chapter 43 shall also apply to wastewater facilities within the Fond du Lac area to the extent that they are not inconsistent with the provisions of this Article;
        (c)    For the purposes of this Article, the Fond du Lac sanitary sewer area shall encompass the following area:  the area bounded by the St. Louis River to the south; Sargent Creek to the northeast; and the Duluth city limits boundaries on the north and west from its intersection with Sargent Creek to its intersection with the St. Louis River.

Sec. 43-69.    Building sewers.

        (a)    Building sewers in the Fond du Lac sanitary sewer area shall either be of a traditional gravity flow design or of a sump and grinder pump design, depending on the elevation of the building and sewer main. Building sewers shall conform to all city regulations and specifications and to applicable provisions of the state plumbing code;
        (b)    Buildings in existence in the Fond du Lac sanitary sewer area on December 31, 2000, which require sump and grinder pump building sewers shall be eligible for the installation of a publicly owned and maintained sump and grinder pump located in the public right-of-way if the sump and grinder pump are installed in the year 2001. It shall be the responsibility of the building owner to secure a proper sewer connection from the building to the sump, to secure a proper electrical connection from the building to the grinder pump electrical control panel, and to dedicate any right-of-way necessary for the installation. The city shall provide ordinary maintenance for the grinder pumps and shall replace grinder pumps that have worn out because of ordinary wear and tear. Building owners shall be responsible for cost of replacing grinder pumps damaged by their negligence or improper substances contained in the sewage;
        (c)    Buildings in the Fond du Lac sanitary sewer area that do not have a publicly owned sump and grinder pump installed in the year 2001 but that require a grinder pump shall be served only by a grinder pump approved by the city engineer as being compatible with wastewater collection facilities in the area. The building owner shall be responsible for installing and maintaining these grinder pumps;
        (d)    Gravity flow building sewers in the Fond du Lac sanitary sewer area shall be subject to the same regulations as other gravity flow building sewers in the city;
        (e)    Building sewers that serve three or more residential units or a commercial establishment in the Fond du Lac sanitary sewer area which require a sump and grinder pump system shall be serviced only by a duplex type grinder pump approved by the city engineer and shall be equipped with a meter which measures sewage flow from the grinder pump. If the building is eligible for the installation of a publicly owned grinder pump, the city shall contribute the cost of a typical one family residential grinder pump installation and the building owner shall be responsible for the remainder of the costs. The city will maintain the grinder pump as provided in paragraph (b) above.

Sec. 43-70.    Maintenance fees and user charges.

        (a)    User charges for wastewater facility users in the Fond du Lac sanitary sewer area shall be those established pursuant to Article II of this Chapter, except that residences without water meters shall pay a wastewater user charge based on a water consumption of 800 cubic feet of water per month;
        (b)    In addition to the wastewater user fee, buildings serviced by publicly owned grinder pumps shall be subject to a grinder pump maintenance fee established by city council resolution, which shall be billed and collected with the wastewater user fee.

                Section 2.    That this ordinance shall take effect and be in force 30 days from and after its passage and publication.

STATEMENT OF PURPOSE:  This ordinance sets forth special regulations for the Fond du Lac sanitary sewer area. These regulations are necessary because the city is going to install and maintain publicly owned grinder pump sewage systems which each serve an individual building in the area. These regulations handle administrative and technical matters and users fees incidental to the new system. The ordinance also defines the geographical boundaries of the Fond du Lac sanitary sewer area.

The ordinance provides that all buildings presently existing in the Fond du Lac sewer area (as of December 31, 2000) qualify for a publicly owned and maintained grinder pump sewage system if the system is installed as a part of the initial project in 2001. Those building new houses or installing systems later will be responsible for the purchase, installation and maintenance of their grinder pump systems. Residences having city owned grinder pump systems will pay a monthly maintenance fee set by city council resolution. This fee will cover city maintenance of the grinder pump and eventual replacement of the pump when it wears out, but not if pump replacement is required by misuse or fault of the homeowner. The grinder pumps and sumps will be placed in the public right-of-way, and it will be the homeowner's responsibility to bring the sewer from the house to the sump and to run an electrical connection to the grinder pump control panel. Houses not requiring grinder pumps will be handled similarly to other residential sewage installations in the city.