PUBLIC WORKS AND UTILITIES COMMITTEE
The city council finds as follows:
(a) By way of Resolution 08-0112, the city has declared the need and priority to eliminate sanitary sewer overflows; and
(b) The city is actively engaged in negotiations with U.S. environmental protection agency, Minnesota pollution control agency and WLSSD to finalize the method the federal court will order the city to use to eliminate sanitary sewer overflows; and
(c) City staff and consultants have developed a plan to come into compliance with law and the order of the federal government pertaining to the elimination of the overflows; and
(d) For all of the reasons set out in Resolution 08-0112, it is necessary for the city to enact and implement a viable and sustainable plan to eliminate the sanitary sewer overflows; and
(e) It is the policy and the goal of the city to apply resources to reduce and eliminate inflow and infiltration in order to minimize the need to build expensive storage capacity in the system.
NOW, THEREFORE, BE IT RESOLVED, that the city of Duluth shall enact, by ordinance and regulation, and implement a plan to eliminate sanitary sewer overflows, which plan shall include the following provisions:
(a) Each private sewer will be subject to the legal requirement that it function properly, be maintained, have no leaks and will not contribute to inflow and infiltration;
(b) Building sewers shall not be constructed of clay tile;
(c) An inflow and infiltration elimination program shall be conducted to progress from one geographical district to the next;
(d) Building sewers in each district shall be inspected to determine those that need repair;
(e) Each year at least 630 homes shall have footing drains disconnected, sump pump installed, and building sewer trap removed under the city program. The city shall pay up to $2,150 for this work;
(f) Each year at least 175 homes shall have the building sewer replaced or rehabilitated. The city shall pay the first $2,000 of the cost, and any approved costs in excess of $8,000, and an assessment process shall be available to finance improvement that qualifies;
(g) At the time of sale of a house, the city shall inspect to see if footing drain disconnect, sewer trap removal, and sump pump installation or repair is needed. If it is, the owner shall complete repairs within 90 days. If repairs are not completed, a $250 monthly surcharge will be imposed;
(h) Appropriate certificates of noncontribution will be issued when improvements are completed;
(i) A clean water surcharge of $9.70 per month shall be imposed to finance the program at a level adequate to execute the plan of action and achieve consent decree compliance by 2016;
(j) The goal of the city is to bring all buildings in the city into compliance.
PUBLIC WORKS & UTILITIES/ATTORNEY
STATEMENT OF PURPOSE: This resolution outlines the activities the city will undertake to resolve the inflow and infiltration problem with sanitary sewer system, and accomplish compliance with law and the order of federal and state regulators. It will protect health and safety, protect Lake Superior and avoid the heavy fines imposed for sewer overflows.