HomeMy WebLinkAbout02.03.25 Work Session PacketAGENDA
Council Work Session
Meeting
5:30 PM - Monday, February 3, 2025
Farmington City Hall, Conf Room 170
Page
1.CALL TO ORDER
2.APPROVE AGENDA
3.DISCUSSION ITEMS
3.1. Discussion on Addition to Police Department K9 Program - 20 mins
Discussion Only
Agenda Item: Discussion on Addition to Police Department K9 Program
- 20 mins - Pdf
2
3.2. Sanitary Sewer Maintenance Policy - 20 mins
Discussion only
Agenda Item: Sanitary Sewer Maintenance Policy - 20 mins - Pdf
3 - 45
4.CITY COUNCIL COMMITTEE UPDATE
5.CITY ADMINISTRATOR UPDATE
6.ADJOURN
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COUNCIL WORK SESSION AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Gary Rutherford, Police Chief
Department: Police
Subject: Discussion on Addition to Police Department K9 Program - 20 mins
Meeting: Council Work Session - Feb 03 2025
INTRODUCTION:
The Police Department has been presented with an opportunity to add an Employee
Wellness/Support K9 to the department.
DISCUSSION:
Chief Rutherford will present information on the origin and scope of this opportunity as well as
several different implementation models that are in use throughout the metro area.
BUDGET IMPACT:
Discussion Only
ACTION REQUESTED:
Discussion Only
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COUNCIL WORK SESSION AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Sanitary Sewer Maintenance Policy - 20 mins
Meeting: Council Work Session - Feb 03 2025
INTRODUCTION:
Chapter 2 of the City Code discusses the city sanitary sewer system. In addition to the City Code,
the Sewer Sanitary written a have Cities recommends also Cities Minnesota of League
Maintenance Policy to better defend against any claims. In reviewing City records, we have not
found a Sanitary Sewer Maintenance Policy adopted by the City Council which addresses the entire
city sanitary system.
DISCUSSION:
Several attachments have been included for your reference:
City Code Chapter 2 Sewer System
LMC Sanitary Sewer Toolkit Excerpt
Standard Detail Plate SER-01B
DRAFT Sanitary Sewer Maintenance Policy
The Standard Detail plate has been included to illustrate the service layout for new installations.
On July 5, 1994, the City Council approved a Sanitary Sewer Service policy, but it did not include
the entire system, only the sewer service. This 1994 policy stated the City would be responsible for
the sanitary sewer repairs to the wye, risers, and service line from the main to the property line. But
the property owner would be responsible for the routine maintenance of the service line from the
structure all the way to the sewer main. For example, blockages in the service. When Public Works
gets called to respond to sanitary sewer backup, in many cases, the location of the backup in the
service line is very inexact. Further, the property owner cannot always determine the cause of the
backup, whether it is due to roots, broken pipe, etc., so we cannot determine if it would be a "repair"
or "routine maintenance."
The draft policy used the model policy provided by the LMC, with minor changes specific to
Farmington's system. For example, the city sanitary sewer system has been divided into 13 areas;
the mains in each area are cleaned and televised once every seven years. This has been
incorporated into the policy.
The draft policy also refers to maps of problem areas. The map will be prepared with the final
Page 3 of 45
version of the policy. For Farmington, most of our system will be Category 1, routine maintenance.
There frequent more requiring Category considered 2 that segments pipe nine are are
maintenance. There are no Category 3 areas, requiring less frequent maintenance.
As highlighted on the draft policy, Staff is recommending that private property owners are
responsible for the maintenance of the sanitary sewer components from their property up to and
including connection to the public system. This approach appears to be more consistent with other
communities. The National League of Cities (NLC) has a Service Line Warranty Program which is
administered by HomeServe. If the Sanitary Sewer Maintenance Policy is adopted as proposed, we
recommend that the NLC program be further explored as a way to communicate to property owners
their responsibilities regarding service maintenance and repair and to provide an option to possibly
avoid large repair fees.
If the City Council is in agreement with this approach, we'll prepare a final version of the policy, with
the map, and place it on a future agenda for formal action.
BUDGET IMPACT:
Discussion only
ACTION REQUESTED:
Discussion only
ATTACHMENTS:
Sanitary Sewer Maintenance Policy DRAFT 020325
LMC Sanitary Sewer Toolkit Excerpt
City Code Chapter 2 Sewer System
Farmington Standard Detail Plate 2019 SER-01B
Page 4 of 45
02/03/2025
CITY OF FARMINGTON
SANITARY SEWER MAINTENANCE POLICY
1. Purpose
It is the policy of the City of Farmington to comply with all applicable state and federal regulatory
requirements.
The City intends to provide effective and efficient maintenance to its sanitary sewer system by
evaluating political, social, safety, and economic concerns, among others. Procedures identified in
this policy are intended to maintain the sanitary sewer system to prevent sewer backups. These
procedures, when implemented, may also extend the service life of various components of the
sanitary sewer system.
The City has 97.45 miles of public sanitary sewer mains, 2,327 manholes and five lift stations
within its sanitary sewer system. Procedures identified in this policy are intended to maintain the
City’s sanitary sewer system to prevent sewer backups and to extend the life of the system. The
City has developed and implemented this policy that takes into consideration public safety, the
City’s budget and personnel, environmental concerns, and the cost of implementation versus the
benefit to be achieved. The City will use its employees, equipment and/or private contractors to
provide this service.
While the City fully intends to meet the guidelines established in this policy, there may be times
when this is not feasible. Issues including, but not limited to, budget constraints, critical
equipment failure, or weather and other emergencies may prevent the City from meeting the
guidelines established herein. The Public Works Director/City Engineer may override provisions
established within this policy. Deviations from the goals established in this policy will be
documented.
The City will use this policy to guide any sanitary sewer maintenance activities to be provided by
a contractor or a party other than the City.
2. Routine Maintenance and Inspection Goals
A. Sanitary Sewer Mains
Scope of City’s Responsibility - The City will maintain the components of the public sanitary
sewer system. This includes sanitary sewer mains, manholes, lift stations, wastewater
treatment plants, and other components. Private property owners are responsible for the
maintenance of sanitary sewer components from their property up to and including the
connection to the public system.
Schedule – The City sanitary system is divided into 13 areas; the City’s goal is to clean,
inspect, and maintain the components of each area on a seven-year cycle.
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02/03/2025
Equipment – The equipment used to perform maintenance will depend upon the equipment
available and its effectiveness as determined by qualified staff.
Television Inspection – The City’s sanitary sewer mains will be inspected by television camera
in accordance with the attached schedule. Any sewer mains located on a street where a street
maintenance project is planned will be inspected before and after such a project. Sanitary
sewer mains in a new development must be televised before said mains are turned over to the
City. Television inspection may also be used to inspect the system where there are possible
problems. In addition, the City may require any main near a construction site to be televised
before and after the construction (i.e., near blasting, digging, other activities that might disrupt
the main, etc.)
Visual recordings of sewer main televising will be required of any vendor performing this
service for the City. A written report summarizing and interpreting the findings of the
televising will also be required. These records will be kept in accordance with the City’s
record retention schedule.
B. Problem Areas
The sanitary sewer mains and facilities identified as Category 1 will receive ordinary routine
maintenance as noted on sewer maps. The sanitary sewer mains and facilities identified on the
sewer map as Category 2 will receive more frequent maintenance and those identified as
Category 3 will receive less frequent maintenance. When a sewer main or facility is identified
as anything other than Category 1, the reasons why maintenance is needed on a different
schedule will be documented. Sewer mains and facilities will receive maintenance according
to the attached schedule.
The Public Works Superintendent will determine whether a main or facility is Category 1,
receiving routine sewer maintenance, Category 2, receiving more frequent maintenance or
Category 3, receiving less frequent maintenance. Based on periodic assessment, maintenance
will be adjusted and a sewer main may be moved from one category to another.
C. Sanitary Sewer Lift Stations
The City maintains lift stations using specific maintenance that is reasonable and
recommended. The lift stations will be inspected three times per week, and cleaned twice a
year, once in the spring and once in the fall and/or as needed. The number of lift stations,
location, date of installation, and capacity of each lift station is kept on record.
Inspection and maintenance of lift stations include:
• Setting wet well operating levels to limit pump start/stops and maximize pump efficiency.
• Cleaning of wet well, pumps and floats/transducers.
• Regular rotation of lead, lag, and backup (if any) pumps (done automatically with
alternators).
• Regular inspections of lift station, alarm/monitoring systems (SCADA) and electrical
components.
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02/03/2025
• Maintenance of operation logs and general records for all lift station activities, including
inspections.
• Hour meters for each pump at each lift station will be logged to ensure that the lift stations
are working properly and to detect any problems in the system.
• Identify problem areas/components.
• Easy availability of original manuals with manufacturers’ recommended maintenance
schedules for all lift station equipment.
3. Inflow and Infiltration
Inflow and infiltration occur when clear water gets into the sanitary sewer system. This may occur
through cracks or leaks in the sewer pipes and manholes or through sump pumps incorrectly
connected to the sanitary sewer system. Inflow and infiltration can lead to backups, overflows and
unnecessary and expensive treatment of clear water.
City employees will periodically inspect manholes to identify any that contribute to this problem.
Sanitary sewer mains will be maintained and inspected pursuant to the City’s Sanitary Sewer
Maintenance Policy.
4. Personnel Responsibilities and Requirements
A. Exercise of Professional Judgment
It is expected that City employees, in accordance with their job duties and responsibilities, will
exercise their professional judgment in the implementation of this policy. Further, it is
expected that in emergency situations City employees will be required to exercise their
discretion and weigh political, social, and economic considerations including but not limited to
public and employee safety, the potential for damage to private property and the City sanitary
sewer system, and environmental concerns.
B. Training and Education
The City will provide training to employees responsible for maintenance of and emergency
response to issues with the sanitary sewer system. Training of employees will include
education necessary to earn and maintain appropriate operator certifications. Training will also
address standard operating procedures, proper use of equipment, emergency response and
other topics required by state and federal regulatory agencies.
C. Work Schedule
Full-time City employees in the Public Works department will be expected to work eight-hour
shifts. In emergencies, employees may be required to work in excess of eight hours. Budget
and safety concerns may limit the length of time an employee is permitted to work.
D. Weather Conditions
Regular sewer maintenance operations will be conducted only when weather conditions do not
endanger the City employees and equipment. Factors that may delay sewer maintenance
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02/03/2025
operations include, but are not limited to: severe cold, severe heat, flooding, rain, snow and
other severe weather events.
5. Documentation
The City will document all of its inspection and maintenance activities and emergency responses
for its sanitary sewer system. The City will also document circumstances that limit its ability to
comply with this policy. A report should be prepared periodically for the purpose of evaluating
maintenance activities and for determining goals for the future. These records will be kept in
accordance with the City’s records retention schedule.
6. Public Education
Periodically, the City will inform residents of their responsibilities related to sanitary sewer
service from the City of Farmington.
Page 8 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 4
Cities that do the assessment will be a step ahead should Capacity,
Management, Operation, and Maintenance (CMOM) rules proposed in 2004
eventually become law. CMOM refers to rules that were proposed by the
Environmental Protection Agency regulating municipal wastewater systems.
They are part of a larger EPA program to eliminate the environmental
effects of sanitary sewer overflows. The proposed CMOM rules expand the
duties of owners/operators of municipal wastewater collection systems.
Cities that have system documentation in place prior to adoption of the
proposed CMOM rules will find complying with the deadlines in the rules
less burdensome.
Minn. Stat. § 466.03, subd. 6.
See Section VI-A, Keep good
records.
This system assessment along with other documentation and policies can
help support a city’s immunity defense. State law says cities are immune
from liability for discretionary policy decisions based upon the weighing of
political, social, safety, and economic factors. This is called discretionary
immunity.
See LMC information memo,
LMCIT Liability Coverage
Guide, Section III-R-2, No-
fault sewer back-up coverage.
The League of Minnesota Cities Insurance Trust (LMCIT) offers member
cities no-fault sanitary sewer backup coverage. The completed assessment is
a comprehensive piece of system and program documentation that can be
submitted to LMCIT underwriters for use in determining a city’s
qualifications for no-fault sanitary sewer backup coverage.
2. Who should complete the assessment
This document should be completed by the employee(s) or contractor who is
most familiar with the city’s sanitary sewer system components. It should be
completed in the manner that is most effective and efficient for your city.
One person could complete the entire assessment document over time, the
various sections could be given to different employees and then compiled
upon completion, or perhaps this would be an appropriate assignment for an
intern in the public works or wastewater area.
3. How to use the assessment
Keep the assessment and use it as a reference tool for your city’s sanitary
sewer system infrastructure, policies and practices. Remember, like any
other policy, this is a living document and should be reviewed and updated
periodically.
B. Sanitary sewer maintenance policy
Sanitary Sewer Maintenance
Policy, LMC model policy.
Policies for maintenance activities help plan for use of the City’s resources,
establish priorities for this type of work, and provide an explanation as to
how the City performed the maintenance. This is particularly true for
sanitary sewer system maintenance. Having and following a written policy is
very helpful in defending claims.
Page 9 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 5
1. Maintenance policy considerations
Generally, Minnesota courts have held that in order to be responsible for the
damages from a sanitary sewer backup, the City must be found negligent. To
prove negligence, it must be shown that there was a defect that caused or
contributed to a backup in the City’s sanitary sewer system, the City had
notice of the defect, and the City failed to correct it within a reasonable time.
Notice may be actual (i.e., a resident calling the City to report a problem) or
constructive. Constructive notice is when the City should have known of the
existing problem.
On occasion, a city uses the practice of “no sanitary sewer system
maintenance whatsoever” as a defense. The rationale behind this behavior is
explained as follows: “If the City doesn’t know about the problem, the City
doesn’t have to take any action to correct it. Therefore, if a sewer backup
occurs my City won’t be found negligent because we didn’t know about the
issue in the first place.” Any attempt to be willfully ignorant of conditions is
likely to fail in court as a defense
Similarly, it is not safe to assume that complete lack of action will put the
City in a defensible position if issues crop up with the sanitary sewer system.
The City will be liable if it was negligent and it will be considered negligent
if the City’s actions weren’t reasonable. Unfortunately, no “standard of
reasonableness” exists in state law, federal law or case law.
Information that does help establish a “standard of reasonableness” is found
in litigated sanitary sewer backup claims handled by the League of
Minnesota Cities Insurance Trust (LMCIT) over the past several years.
Claims information reveals that in most Minnesota cities vitrified clay pipes
are typically cleaned every 3-5 years. This tells us that a City would
probably be considered reasonable if it maintained all vitrified clay pipe
within the sanitary sewer system every 3-5 years.
Another method of establishing the “standard of reasonableness” in a City is
to periodically survey neighboring or similar cities and find the timeline on
which they maintain sanitary sewer mains. If your City has a maintenance
schedule like those of cities in your area, you would likely be considered
reasonable for purposes of sanitary sewer maintenance.
Page 10 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 6
2. Develop a policy
Develop a policy, not an ordinance. Ordinances have the purpose of
regulating people or property. They have the force and effect of law and
provide a penalty if violated. Not following an ordinance is, in essence,
breaking the law. Minnesota Statutes contain the procedural requirements
for the adoption of ordinances in most cities. The City must ensure that
ordinances meet certain requirements and follow a certain form. Many cities
codify ordinances for ease keeping them up to date. Once codified, the city
ordinances are collectively referred to as the “city code.”
See Section III-D, Public use
of sanitary sewer system
ordinance.
When considering the city’s sanitary sewer system, an ordinance should be
used to establish requirements related to the public’s use of that system. It
would likely address the use of sump pumps, connections from private
property to the public system, wastes that property owners are prohibited
from putting into the system, etc.
A policy is a document typically used by a city to establish directives and
guidelines for employees. Policies may be effectively used to guide many
activities at the city, such as personnel management, street sweeping or
snow plowing. Because policies are easier to update and can be more
flexible as to how and when things get accomplished, policies are preferred
over ordinances for managing city programs and procedures.
When considering a municipal sanitary sewer system, a policy should be
used to define how the city intends to use employees and equipment to
maintain its municipal sanitary sewer system. This might include regular
cleaning of sewer mains, and more frequent inspection and maintenance of
problem areas in the system, etc.
A policy can help the City explain what it does and why it does it. It can also
be used to support a finding that the City exercised reasonable care. As
explained earlier, Minnesota courts have generally held that in order to be
responsible for the damages from a sanitary sewer backup, the City must be
found negligent. To prove negligence, it must be shown that there was a
defect that caused or contributed to a backup in the City’s sanitary sewer
system, the City had notice of the defect, and the City failed to correct it
within a reasonable time.
Minn. Stat. § 466.03, subd. 6. A policy can also help support a city’s immunity defense. State law says
cities are immune from liability for discretionary policy decisions based
upon the weighing of political, social, safety, and economic factors. This is
called discretionary immunity.
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RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 7
Christopherson v. City of
Albert Lea, 623 N.W. 2d 272,
(Minn. Ct. App. 2001).
See Section VI-A, Keep good
records.
Minnesota Court of Appeals found that a city had discretionary immunity
from a sanitary sewer backup claim. The city was immune from suit because
of policy based decisions the city made about how and when to maintain its
sanitary sewer system. This is a very clear example of why a city should
have a sanitary sewer maintenance policy.
a. Write the policy down
A written policy is important because it provides the City with a consistent
and documented method of performing system maintenance. It provides
guidance on how to carry out maintenance activities, identifies equipment
needed for the level of maintenance established by the policy, and assists in
long-term planning for employees and equipment. By contrast, an unwritten
policy is uncertain and hard to prove. City officials and employees may
disagree on what an unwritten policy is or requires.
When developing policy language, the City should involve those employees
who do the work. Be sure the timelines and expectations established in the
policy are reasonable from both a budget and workload perspective. A
policy is not going to be of value to the City if it cannot generally be
followed as written.
b. Request council action
In some cities, the council reviews the sewer maintenance policy and makes
a motion to adopt it; in other cities the council makes a motion delegating
authority for development of such a policy to a department or employee. The
council may or may not wish to review the final policy for comment and
adoption. The practice differs from city to city. The important thing to note
is that documented action on the part of the city council related to the
sanitary sewer maintenance policy will help support that the policy was a
discretionary decision.
c. Review the policy
Like any policy, this should be considered a “living document” and should
be reviewed periodically to determine if it needs to be changed. If the goals
established in the policy go unmet on a repeated basis, the City should
consider reevaluating and perhaps adjusting those goals. The employees who
perform sanitary sewer maintenance should be consulted when reviewing
the policy to ensure that the policy is workable as written.
d. Share the policy
The provisions of the policy should be communicated to all stakeholders at
the City. Public works employees and others responsible for carrying out or
answering calls about the terms of the policy need to know what it says.
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RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 8
The City may benefit by making citizens aware of the policy through City
newsletters, newspapers, utility bill stuffers, web site, etc. By publicizing the
policy, the City is making a good faith effort to educate citizens, so they
know what to expect in terms of level of service for sanitary sewer
maintenance.
e. Follow the policy
It’s not enough to have a well written policy. Policy makers and supervisors
need to ensure that established policies are followed. Proper documentation
of activities described in your policy (inspection dates and times, response to
backups, etc.) helps the City prove that established policy is being followed.
3. Sanitary sewer maintenance policy overview
Sanitary Sewer Maintenance,
LMC model policy.
A basic sanitary sewer maintenance policy has many components. Cities
should use this overview together with the League model sanitary sewer
maintenance policy in drafting a policy tailored to their own system.
a. Purpose
The purpose of a sanitary sewer maintenance policy should include written
intent to provide effective/efficient maintenance by evaluating political,
social, safety, and economic concerns, among other things. The purpose may
also state the procedures identified in the policy are intended to maintain the
sanitary sewer system to prevent sewer backups. A policy, when
implemented, may also extend the service life of various components of the
sanitary sewer system.
To ensure flexibility within the policy, it is important to clarify that the
timelines and procedures in this policy are goals. While the City should
make a good faith effort to meet the guidelines in the policy, it is a good
practice to note there may be times when procedures are not going to be
completed within established timeframes. Perhaps include examples of
circumstances that may prevent the City from meeting one or more goals
stated in the policy – things like budget constraints, critical equipment
failure, or weather and other emergencies.
The purpose should indicate who at the City has the authority to override
provisions of this policy (e.g., public works director, utility superintendent,
administrator, City Council, etc.). Such exceptions to the policy should only
occur on an infrequent and temporary basis. If policy overrides are necessary
on a recurring schedule, the City should re-evaluate the policy.
Page 13 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 9
If the City does not intend to maintain the entire sanitary sewer system on its
own, the policy should be used as a guide for the services to be provided by
a contractor or another party.
b. Routine maintenance and inspection
This section of the policy should clearly define those parts of the sanitary
sewer system for which the City is responsible and those parts of the
sanitary sewer system for which another party (property owner, etc.) is
responsible. Identify who is responsible for maintenance of sewer mains,
connections, private sewer lines, grease traps, etc.
It is important to develop a regular schedule of maintenance and inspection
for your City’s sanitary sewer system. When determining a schedule,
remember that in the event of a sanitary sewer backup, the City will be liable
if it was negligent and it will be considered negligent if the City’s actions
weren’t reasonable. Unfortunately, no definition of “standard of
reasonableness” exists in state law, federal law or case law.
Another method of establishing the “standard of reasonableness” in a City is
to periodically survey neighboring or similar cities and find the timeline on
which they maintain sanitary sewer mains. If your City has a maintenance
schedule similar to those of cities in your area, you would likely be
considered reasonable for purposes of sanitary sewer maintenance.
See Section VI-A, Keep good
records.
Keep in mind that neither of these methods of establishing “reasonableness”
addresses problem areas or special needs within a sanitary sewer system. If a
City knows of sanitary sewer components that need more frequent servicing
than provided for in the maintenance policy, it should act on that knowledge.
Once the City has knowledge of a need for increased maintenance, it is
unlikely to be considered reasonable if that need is ignored. However, in the
shorter term the City might be protected by discretionary immunity if the
City knows of a situation and clearly documents the factors weighed in
determining not to act on a long-term solution immediately.
The section on routine maintenance might also recognize that some parts of
the system will need more maintenance and other parts may need less
maintenance than provided for in the routine maintenance schedule for most
of the sanitary sewer system. One way to accomplish this is to use a map or
schedule noting system components that receive ordinary routine
maintenance on a fixed schedule as Category 1. System components needing
less frequent maintenance could be Category 2 and those needing more
frequent maintenance could be Category 3.
Page 14 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 10
When a sewer main or facility is identified as anything other than Category
1, the reasons why maintenance is needed on a different schedule should be
documented. In addition, the policy should note who is responsible for
assigning the appropriate maintenance categories to the various system
components. Such determinations should be assessed periodically in the
event that sewer mains and facilities need to be moved from one category to
another.
Depending on City resources, the sanitary sewer maintenance schedule
within the policy may include some, all or more than the following.
Maintenance schedules developed should clearly note when and/or how
often each activity will take place.
(1) Sanitary sewer mains
• Clean sanitary sewer mains with jetter.
• Clean sanitary sewer mains with rodder.
• Attach proofer to show sanitary sewer mains are clear.
• Inspect sanitary sewer mains by looking down manholes.
• Televise sanitary sewer mains.
• Root removal in areas with many trees and root problems.
• Document all activities.
• Other (describe your City’s method of cleaning sanitary sewer mains).
• Identify problem areas/components.
(2) Lift stations
• Easy availability of original manuals with manufacturers’ recommended
maintenance schedules for all lift station equipment.
• Operating procedures for manipulating pump operations (manually or
automatically) during wet weather to increase in-line storage of wet
weather flows.
• Setting wet well operating levels to limit pump start/stops.
• Cleaning wet well.
• Calibrating flow meters or conducting draw down tests.
• Regular rotation of lead, lag, and backup pumps.
• Regular inspections of lift station, alarm systems and electrical
components.
• Maintenance of operation logs and general records for all lift station
activities, including inspections.
• Clean force mains.
• Identify problem areas/components.
Page 15 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 11
(3) Problem areas
• Have a system to designate problem components or areas (e.g. history of
back-ups, known roots or grease, off-set in sanitary sewer main
connection).
• Clearly define actions (Once a problem area is identified, what is done to
address the issue and minimize the likelihood of future sanitary sewer
backups?).
• Maintain those areas more often than the regular schedule.
• Keep a list of problem areas and a process to indicate when an area may
no longer be considered a problem.
• Document all activities.
• Identify likely sources of prohibited discharge such as food processing
plants, commercial and industrial, health care facilities, schools and
daycares and correctional facilities.
(4) Personnel responsibilities and requirements
This section should identify the employee(s) the City wants to exercise
discretion in decision making and define when and how the City wants them
to do it. This will increase the odds that statutory discretionary immunity
will apply to both the written policy and decisions made by employees when
the written policy confers decision making authority to those employees.
Also use this section to clarify any personnel policy provisions that are
specific to the responsibilities associated with maintenance and inspection of
the sanitary sewer system.
• Address employee training on routine maintenance, proper use of
equipment, and emergency response procedures.
• Many cities establish general work hour requirements in personnel
policies and/or union contracts. However, those cities without
documented work hour expectations may want to use this section to set
forth expectations for employees who will be responsible for sanitary
sewer maintenance. In doing so it is important to include language that
allows the City to be flexible depending on circumstances. Be aware of
wage and hour laws so provisions in this policy do not contradict state or
federal law.
• Note that routine sanitary sewer maintenance operations will only be
conducted when weather conditions do not threaten the safety of
employees or equipment.
Page 16 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 12
(5) Documentation
Minn. Stat. § 541.05, subd. 1.
Minn. Stat. § 541.051, subd.
1.
• Develop procedures that are flexible and realistic.
• Train employees on why records are important and how to complete
appropriate records. Consider using model forms developed by LMCIT.
• Keep records of all City actions regarding the inspection and
maintenance activities, including: (1) daily logs of employees’ actions,
(2) scheduled maintenance activities, and (3) emergency response
activities.
• Retain records for a minimum of six years. Claims brought after that
time (more than six years after the date of accident or injury) are likely
to be barred by the statute of limitations set forth in state law.
• Retain records of televised mains for at least 12 years. Claims brought
after that time (more than 12 years after the date a system was
constructed or modified) are likely to be barred by the “improvement to
real property” statute of limitations set forth in state law.
• Retain “as-builts” and all other plans and diagrams related to the design
and construction of your system for as long as the system components
depicted in the diagram are in place and in use. At a minimum, even if a
system component is replaced, records of the original system should be
retained for at least 12 years after the system was first constructed.
C. Sanitary sewer emergency response policy
Sanitary Sewer Emergency
Response, LMC model
policy.
The emergency response policy should address those steps the City will take
to respond to an emergency such as a sanitary sewer backup. It may or may
not establish goals or guidelines for the time of response. In the event the
City does set a goal, that goal should not define a timeframe in which the
problem is fixed, but rather should address expectations for how soon after
receiving a call a City employee is expected to respond to the complaint or
problem.
Although written records of each emergency response will be prepared and
maintained, this policy may or may not establish parameters for timely
completion of such records. As with all areas of the City’s policy, the policy
for documentation of emergency response should be realistic and not impose
strict or difficult standards that cannot reasonably be met.
While not required, some cities choose to reimburse property owners for
professional cleaning costs associated with a sanitary sewer backup; others
choose to compensate residents with a pre-determined dollar amount
regardless of liability. Because there is some risk involved in these practices,
it is important to clearly define the parameters for such a program:
Page 17 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 13
• Clarify if the payment will be given to the company performing the
service or directly to the property owner.
• Note any restrictions on who can perform cleaning services.
• Have the property owner provide documented proof (receipts, etc.) of the
services obtained.
• Require the property owner to submit a claim to their insurance
company.
• Consider those circumstances under which the City would not provide
reimbursement or payment to a resident (100-year rainfall, electrical
failure at a lift station, etc.)
• If payment is given to a resident in response to a sewer backup but is not
a reimbursement, the City must ensure that the payment qualifies as an
appropriate public expenditure. The City should establish an ordinance
stating that the payment in response to a sewer backup is part of the
service that residents in the City of __________ are charged for on their
municipal utility/sewer bill.
• Be sure to note that providing a payment or reimbursement is not an
admission of liability on the part of the City nor is the City obligated to
pay any other costs.
D. Public use of sanitary sewer system ordinance
Minn. Stat. § 412.221, subd.
22. Minnesota statutes require any city with a municipal sanitary sewer system
to have an ordinance addressing the public’s use of that system.
Again, it is important to note that an ordinance is not the same as a policy.
Ordinances have the purpose of regulating people or property. They have the
force and effect of law and provide a penalty if violated. Not following an
ordinance is breaking the law.
The language for an ordinance regulating public use of a municipal sanitary
sewer system is quite similar from city to city. Those items typically
addressed in a city’s sewer use ordinance include sewer rates, prohibited
discharges, and, more recently, home inspection programs to regulate illegal
inflow.
See Section VI-B, Address
inflow and infiltration.
Inflow occurs when clear water gets into the sanitary system through
basement sump pumps and foundation drains that are illegally connected to
the system. Inflow uses up system capacity and can cause sewer backups
during a heavy rainfall. In addition, there is a cost associated with processing
water that doesn’t need to be treated.
Page 18 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 14
Several cities in Minnesota have established home inspection programs in an
effort to control issues related to inflow. Home inspections are a good way
to determine whether residents have illegal connections to the sanitary sewer
system. In order to establish such an inspection program, the city sewer
ordinance should contain a provision requiring residents to submit to an
inspection by either (1) a qualified city representative; or (2) a licensed
inspector/plumber of the resident’s choosing. The city could assess a service
fee to residents refusing to allow the inspection and/or neglecting to fix the
illegal connection.
A city should consult with its city attorney before enacting or amending any
ordinance. In addition, because of privacy concerns, the city should consult
with its city attorney before starting any home-to-home inspection program.
See sample Fats, Oil and
Grease Ordinance from the
City of Duluth at Chapter 43,
Article VI, Division 2.
A city may also consider enacting or amending an ordinance to address fats,
oils, and grease (FOG). Large amounts of oil and grease in the wastewater
can cause significant trouble in the collection system pipes. It decreases pipe
capacity and, therefore, requires that piping systems be cleaned more often
and/or some piping to be replaced sooner than otherwise expected. Oil and
grease also hamper effective treatment at the wastewater treatment plant.
Some member cities implement a FOG program for all commercial
establishments that house a food service facility. The program is designed to
work collaboratively with those establishments to reduce the level of FOG
entering the city’s wastewater collection and transmission system.
IV. Sanitary sewer maintenance and response
forms
The sewer toolkit forms help cities document the actions taken by staff
during system maintenance or when responding to a sewer backup. Good
documentation can be an effective method of limiting liability; it can prove a
city is following established policies. In addition, documentation is a great
internal management tool for tracking who did what, when.
A. Cab cards
Cab Cards for City Vehicles,
LMC model form.
You may reproduce these cards and place them in your city vehicles. They
offer handy references for employees on what to do, what to say and what
not to say to property owners in the case of a sewer backup. A special card
offers different tips if a property owner is suing the city.
Page 19 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 15
B. Confined space pre-entry checklist
29 C.F.R. § 1910.146.
See Section VI-C, Follow all
confined space entry
regulations.
OSHA model, Confined
Space Pre-Entry Checklist.
Federal Occupational Safety and Health Administration (OSHA) standards
set out practices and procedures to protect employees from the hazards of
entry into permit-required confined spaces. The check-list is based on
Appendix D to the federal rule, which presents examples of permits whose
elements are considered to comply with the requirements set out in the rule.
C. Lift station report
Lift Station Report, LMC
model form.
Lift stations are an important component of the city’s overall system, and
one within its control. It is important to monitor lift stations and create a
record of maintenance and maintenance checks.
D. Preventive maintenance checklists
Preventive Maintenance
Checklist, LMC model form.
Preventive maintenance should be done on sewer lines on a periodic basis.
Common schedules, depending on the line, may be routine jetting/ cleaning
of vitrified clay pipelines once every 3-5 years. PVC lines may not need to
be jetted/ cleaned as frequently. But all sanitary sewer lines should be on
some cleaning/ inspection schedule. Problem lines may have their own
individual maintenance schedule. Lift stations require much more frequent
maintenance than sewer lines and will have their own maintenance and
inspection schedules. The form may be modified for any of these periodic
uses and purposes.
E. Sanitary sewer manhole inspection
Sanitary Sewer Manholes
Inspection, LMC model form.
Manholes are an important element of your infrastructure maintenance and
inspection efforts. They can be sources of infiltration (ground water seeping
into the sanitary sewer system) from the cover, walls, joints, and pipe
connections. Manhole inspections should be conducted on a routine basis.
This can show a need to replace or repair your infrastructure.
F. Service report
Service Call Report Form,
LMC model form.
Recording the date, time, place, reasons and resolutions of sewer service
calls is important documentation for your overall sewer maintenance plans
and is a useful internal management tool. This type of record may be an
effective method of limiting liability by showing the city is following
established policies.
Page 20 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 16
V. Public educational materials
.
Flushable Wipes Education
WCCO News, ‘Flushable’
Wet Wipes Wreaking Havoc
on Sewer Systems. Online
video clip. CBS Minnesota,
(April 19, 2016).
Water Environment
Federation, Will it Flush?
Online video clip. YouTube,
(Jan. 4, 2012).
Sewer toolkit public education materials will help the property owner
understand the key role they play in preventing sanitary sewer backups. It is
important to reach out to the public in a variety of ways, such as newsletters,
brochures, website messages, and letters, to ensure reaching the widest
possible audience for your messages. The use of social media is quick and
can reach many community members when issues arise and need immediate
attention. These items inform property owners of their responsibilities when
using the city’s sewer system as well as what they should do in the event of
a sewer backup. Public notification of sewer backups, as well as general
maintenance practices, is important in the reduction of sewer backups.
Educating the public on items such as “flushable wipes” could help with
public understanding and overall reduction in backups.
A. Sanitary sewer newsletter article
LMC model, Sanitary Sewer
Article for City Newsletter.
If your city publishes a newsletter this can be a good way of publishing
some lengthier information. It can be timed for certain annual events, like
reminding residents of inflow regulations in the spring and summer when
rains are likely. Even though all properties may receive the newsletter, it
may not be read. Placing your messages in multiple ways is important to
reach the greatest number of people.
B. Sanitary sewer backup brochure
LMC model, Sanitary Sewer
Backup Brochure.
A brochure is a compact and visually appealing method of getting out your
message. It can be available in city hall for distribution or on a self-serve
rack. It may be a good medium for including in a welcome packet to new
residents, or in a city booth at community events.
C. Sanitary sewer backup letter to residents
LMC model, Sanitary Sewer
Backup - Letter to Residents.
Individually addressed and delivered materials, such as a letter, can transmit
specific information and target properties on problem lines. The model
contains a resident card on sewer backup procedures for them to save and
use.
Page 21 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 17
D. Sanitary sewer utility bill stuffer
LMC model, Utility Bill
Stuffer.
Periodic sanitary sewer bill stuffers on sewer backups can keep resident
awareness high of the city’s backup procedures, including updated city
contact points, and tips on what residents can do to minimize their chance of
having a backup by proper maintenance of their portion of the sewer lines,
and proper disposal of items that can lead to backups.
E. Sanitary sewer department web content
LMC model, Web Content for
City Sanitary Sewer
Departments.
Your city website can be an effective method of educating the public about
city operations and programs. The toolkit’s model website content is
designed to help you develop (or expand) web content about your city’s
sanitary sewer system. Keep in mind that these are only examples – the
information should be customized in the way that most effectively shares
your city’s message and best meets your city’s needs.
If you don’t find what you are looking for, there are many cities in
Minnesota that do a great job of sharing information on their web sites. Just
enter www.google.com on your website browser, enter the name of a city
and explore the information others have to offer about their sanitary sewer
systems.
F. Sanitary sewer and social media
LMC Information Memo,
Computer and Network Loss
Control, Section III-L,
Website and social media
policies.
Social media has become more popular to reach many citizens quickly and
efficiently. Social media can be used to notify the public about such things
as sewer backups, general maintenance, and areas to avoid because of a
sewer issue. A social media policy is critical to manage the city’s social
media use.
VI. Other sanitary sewer risk management
practices
A. Keep good records
1. Policy and planning decisions
Keeping records of policy and planning decisions helps implement the
policy or plan and helps evaluate implementation and effectiveness of the
policy or plan. For instance, maintenance policies may provide guidelines
for a public works operation. They provide guidance and direction to city
employee, they describe an expectation for level of service, and can be used
as a tool to measure performance. Good records of policy and planning
decisions also assist in long range planning and provide the framework for
future procedures, purchase of equipment, and expansion of services.
Page 22 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 18
Keeping records of policy and planning decisions helps preserve the
discretionary immunity record. Policy or planning adoption should include
records that show a weighing of social, political, economic and safety
factors. In addition, even if the city is not immune from liability pursuant to
discretionary immunity, the existence of and adherence to a policy helps to
prove that the city exercises ordinary and reasonable care and is therefore
not liable.
The fact that immunity does not exist does not mean the city is automatically
liable or negligent. Immunity presupposes duty and breach of duty. If there
is no duty and no evidence of breach of duty, there is nothing for which the
city is liable. If the city is not liable there is no liability from which the city
needs to be immune. This means that even without immunity the city may be
able to get out of the case before trial or have a successful result at trial if it
has good records showing it is not liable or negligent. The mere fact that an
accident occurred is not enough to establish negligence.
2. Discretionary immunity
Minn. Stat. § 466.03, subd. 6. State law says a city is immune from liability for: “any claim based upon the
performance or failure to exercise or perform a discretionary function or
duty whether or not the discretion is abused.” As a practical matter, the more
it looks like discretion was abused the more likely a court may determine
that discretion was not exercised.
Statutory discretionary immunity exists because local governments must
make decisions. They must make decisions on how to best spend taxpayers’
money and to prioritize the use of limited financial, personnel and other
resources. Cities are constantly making decisions about what services,
programs or facilities should be offered or provided and decisions
concerning what services, programs or facilities should be improved. These
decisions often have timetables attached to them. In addition, there are
frequently competing policy considerations concerning what a city should
do.
Discretionary immunity recognizes that difficult decisions sometimes need
to be made. If a city is likely to be “darned if it does and darned if it
doesn’t,” immunity should apply because the city is making decisions that
involve a weighing of competing political, social, economic or safety
factors.
Page 23 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 19
Statutory discretionary immunity has its roots in the doctrine of the
separation of powers. The separation of powers doctrine requires that courts
(the judicial branch of government) should not be second-guessing policy or
planning decisions made by city council (legislative branch) or by those to
whom the city council has delegated policy making or planning authority or
difficult decisions that must be made by city administrators or other
supervisory level policy making city officials (executive branch).
a. Discretionary functions and duties
Statutory immunity protects planning level decisions but does not ordinarily
protect operational level decisions. Statutory immunity does not protect
decisions based on technical knowledge or professional judgments rather
than planning or policymaking.
Some decisions made by city officials or city employees, including public
works department employees, that involve the exercise of professional
judgment may also be protected by “Common Law Official Immunity.”
Official Immunity can protect discretionary decisions at both the planning
and operational level. For example, a city decision to have only one portable
emergency generator to power its lift stations in the event of a power outage
may be related to weighing the potential need, (i.e., total number of lift
stations, no history of widespread power outages etc.) with the budgetary
cost of purchasing and maintaining more than one generator. Whereas, a
public works employee’s decision about where best to deploy that one
generator when more than one lift station is without power may be protected
by common law official immunity. Records to support both decisions are
helpful
In determining whether a decision is a planning-level or policy-making
decision there are several important factors that must be looked at.
First, you must look at the decision being made. Discretionary immunity can
apply to all types of decisions in many different areas including, but not
limited to, land use, personnel, permits and licensing, and streets and roads
(including but not limited to, street construction, inspection or maintenance
policies or plans and decisions related to the signing of streets and roads).
Discretionary immunity can also apply to decisions related to capital
expenditures and use of staff and policies related to responses to
emergencies.
Page 24 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 20
Another factor that must be considered is who is making the decision. The
higher up you go the easier it is to prove the decision was made in a policy
making or planning level. However, not all decisions made by the city
council, mayor or city administrator are automatically entitled to
discretionary immunity. Similarly, some decisions made by lower level
employees may also be discretionary. The operative principal is that
statutory discretionary immunity protects planning level decisions
Another factor that courts look at to determine whether a decision is at the
“planning level” is whether or not the decision or policy involves a weighing
of social, political, economic or safety considerations. A good example of a
discretionary decision would be a city’s snow plowing policy. Many cities
have such policies and they frequently involve the weighing of social,
political, economic or safety considerations. Social factors would include the
effect of salt, sand and chemicals on the environment, the need for people to
get to work or school year-round and providing access to all citizens to all
city facilities. Political factors may include voters’ expectations of a certain
level of services, downtown merchants’ expectations of service, and voters’
expectations to be able to park their car on the street.
In addition, snow plowing policies almost always involve the weighing of
safety considerations, including the safety of a plow operator and the safety
of the general public. For safety reasons, cities may schedule particular
times when snow removal should be done and place restrictions on the
number of hours that a plow operator may operate a plow without taking at
least ten to twelve hours off between shifts. Finally, snow plowing policies
frequently involve a weighing of economic considerations such as the
budget for snow removal and whether the city will authorize over time and
the city’s long term need to purchase and maintain snow removal equipment.
b. Creating and preserving records that support
immunity
After you decide that a decision is likely to be discretionary because it is a
planning decision that involves a weighing of competing social, political,
economic or public safety concerns, you must think about how to best create
and preserve a record documenting the decision and decision-making
process. If an actual policy decision is made by the city council, a resolution
setting forth the policy or plan can be prepared. The “whereas” sections of
the resolution should document some of the social, political, economic or
other factors supporting the council decision.
Page 25 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 21
Accurate and complete minutes are also excellent records for showing a city
council’s exercises of discretion. If the city council ratifies or approves a
plan or policy drafted, created or prepared by others (i.e., department
supervisor or city advisory boards), the council meeting minutes should
reflect that policy or plan development authority was delegated to the person
or entity making the decision and that the city council reviewed the decision
made or recommended.
In addition, the records showing that those with policy or plan development
authority weighed competing political, social, economic and/or safety
factors should be included in the minutes as should the city council’s
ratification or approval of the discretionary decision. If the city council does
not need to ratify or approve the final plan or policy, a discretionary
immunity record should be made showing that the city council delegated
plan or policy development to the decision-making person, department or
board. This directive should be reflected in council minutes and should
clearly indicate that the city council expects that the decision maker will
weigh political, social, economic, safety and other factors when creating,
developing or changing the plan or policy.
Sometimes decisions protected by statutory discretionary immunity may be
made by the city administration staff, department heads or others to whom
policy or plan development authority has been granted. In these cases, the
person exercising discretionary policy of plan development authority must
create the discretionary immunity record. This record is likely to include
correspondence or memos indicating who directed them, or if not explicitly
directed by others to develop a plan or policy why plan or policy
development in a given area is within the implicit authority given to them by
their position or job description. They should also keep notes of their
decision-making process. Those notes can be reduced or summarized in
either a memo introducing the plan or policy or in a “preamble” to the policy
itself. If the policy or plan needs to be reviewed or approved by a supervisor
or others, the person(s) completing that review or approval should in a
memo or other written document acknowledge that they completed a review
and agree with the policy or plan. In all cases, it is usually a good idea for
the policy or plan to be a written policy.
Similarly, records that may support or bolster common law official
immunity might include incident or response reports, memos and other
documents that set forth the exercise of professional judgment. It is helpful
if these records are prepared at the time of or shortly after key decisions
involving professional judgment and discretion were made. The decision
maker(s) should set forth in detail the available information, weighing of
competing considerations and the exercise of professional judgment that
went into making the decision at the time it was made. Sometimes decisions
must be made quickly and with limited information.
Page 26 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 22
City officials and employees can wait until after the emergency is over
before starting to create records. All records of decisions made, actions
taken and reasons for both should be prepared as soon as possible after the
emergency is over or the decision was made and while the details of the
process are still freshly in the mind(s) of the decision maker(s).
B. Address inflow and infiltration
Inflow and infiltration are major causes of sanitary sewer overflows that
release raw sewage into lakes, streams, streets, and basements. Sewer back-
ups into basements may result in protracted litigation and potential liability
for cities. Sanitary sewer overflows may also have significant environmental
costs. In addition, excess storm water entering the sanitary sewer system
through inflow and infiltration may result in increased wastewater treatment
costs, which are passed on to the ratepayers. These costs make it imperative
for cities to address inflow and infiltration problems.
Inflow occurs when rainwater is misdirected into the sanitary sewer system
instead of storm sewers. As much as 40 percent of inflow comes from rain
leaders and sump pumps that are improperly connected to the sanitary sewer
system. The remedy for inflow is to remove improper connections to the
sanitary sewer system.
Infiltration occurs when ground water seeps into the sanitary sewer system
through cracks or leaks in sewer pipes. The cracks or leaks may be caused
by age related deterioration, loose joints, damage or root infiltration. The
remedy for infiltration is repairing or replacing the leaking infrastructure.
1. Actions to reduce inflow and infiltration
a. Develop a plan
Inflow and Infiltration, LMC
Model Ordinance.
The plan should identify the inflow and infiltration problems and ways to
remedy them. The plan should include: (1) enacting a sanitary sewer
ordinance; (2) conducting routine testing and inspections to determine where
inflow and infiltration problems exist; and, (3) conducting routine
maintenance to repair or replace failing infrastructure.
b. Enact a sanitary sewer ordinance
See Section III-D, Public use
of sanitary sewer system
ordinance.
Your sanitary sewer ordinance should address inflow and infiltration
problems. The ordinance should make it illegal to connect sump pumps,
floor drains, and rain leaders to the sanitary sewer system. The ordinance
may also include provisions for conducting inspections and penalties to
ensure that residents comply with the ordinance. The city should consult the
city attorney before enacting the sanitary sewer ordinance.
Page 27 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 23
c. Test with smoke and dye
Smoke testing is an effective method for locating inflow and infiltration
problems. Smoke is blown into the system and escapes through openings in
the system. The escaping smoke will mark leaks in pipes and illegal
connections to the system. Because of the potential for smoke to enter
residences, it is important to notify residents when conducting smoke
testing.
Dye testing is an effective method for testing for inflow problems. Dye is
poured into storm water locations such as drain tiles and sump pumps. If the
dye ends up in the sanitary sewer system, there is an improper connection to
the system. Because of privacy concerns, the city should consult the city
attorney before conducting dye testing.
d. Televising lines
The city can determine where storm water is entering the sanitary sewer
system by televising lines when it rains. Televising lines is also an effective
method of locating illegal connections.
e. Home inspections
Home inspections are a good way to determine whether residents are
illegally connected to the sanitary sewer system. In order to establish such
an inspection program, the city sewer ordinance should contain a provision
requiring residents to submit to an inspection by (1) a qualified city
representative; or (2) a licensed plumber of the resident’s choosing. The city
could assess a service fee to residents refusing to allow the inspection and/or
neglecting to fix the illegal connection. Because of privacy concerns, the
city should consult the city attorney prior to conducting home-to-home
inspections.
f. Manhole inspections
Sanitary Sewer Manholes
Inspection, LMC model form.
The city should visually inspect manholes for signs of infiltration from the
cover, walls, joints, and pipe connections. Manhole inspections should be
conducted on a routine basis.
Page 28 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 24
g. Repair and replace infrastructure
The city’s inflow and infiltration plan should include a schedule for
repairing and replacing sewer lines and manholes that have infiltration
problems. Repair of these facilities may be accomplished through slip lining,
spot repairs or replacement. The city’s repair and replacement schedule
should prioritize repair and replacement activities, considering the city’s
budget, problem areas, and equipment and manpower limitations.
h. Notify and educate the public
The city should notify and educate the public about inflow and infiltration
problems and the steps the city is taking to address those problems.
Residents can be educated about inflow and infiltration reduction efforts
through mailings included with utility bills, newspaper announcements, and
on the city’s web site. Informed residents will understand the nature and
impact of inflow and infiltration problems and therefore be more likely to
voluntarily correct illegal connections and consent to city inspections.
2. Legal defenses for sewer backups caused by
inflow and infiltration
Sewer back-ups caused by inflow and infiltration problems often result in
costly property damage claims. The best defense is eliminating the inflow
and infiltration problems; however, cities have a number of legal defenses to
sewer back-up claims.
a. No negligence
The city will not be liable for a sewer back-up if it exercised reasonable
care. In order to prove the city was negligent, the plaintiff must establish
that: (1) there was a defect in the city’s line; (2) the city knew or should have
known of the defect; and, (3) the city failed to remedy the defect within a
reasonable time after gaining knowledge of the defect.
The plaintiff must prove all three elements to be successful on a sewer back-
up claim. If the city can show that despite a regular inspection and
maintenance program, it did not have knowledge of the inflow and
infiltration problem that caused the plaintiff’s back-up, then the city will
likely prevail. A successful defense requires documentation of routine
inspection and maintenance activities.
Page 29 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 25
b. Act of God
The city will not be liable for a sewer back-up if it can show that the back-up
was caused by an act of god or nature and not by any negligence on the part
of the city. For example, if the city can show that the sewer back-up was
caused by a 100-year storm event and not by the city’s failure to adequately
address known inflow and infiltration problems, then the city will prevail
because the back-up was caused by an act of god.
c. Statutory immunity
Minn. Stat. § 466.03, subd. 6. The city will not be liable for a sewer back-up if it can show it is entitled to
statutory immunity. The immunity protects policy-level decisions that
require city officials to balance social, political, and economic
considerations. In order to obtain the immunity from a sewer back-up claim
caused by inflow and/or infiltration, the city must show it had a policy for
addressing inflow and infiltration problems; and, it considered social,
political, and economic factors in creating the policy, such as the nature and
extent of the inflow and infiltration problem, the public works department
budget, the cost of making repairs, improvements to the sanitary sewer
system, and the available manpower and equipment resources. Ideally, the
city’s decision-making process should be documented in public works
department records, engineering reports, and city council minutes.
C. Follow all confined space entry regulations
Confined spaces are enclosed spaces that are large enough for workers to
enter and perform work assignments but have limited openings to enter and
exit and are not designed for continuous employee occupancy. Specific
hazards of a confined space include one or more of the following
characteristics:
• Contains or has the potential to contain a hazardous atmosphere.
• Contains an engulfing potential.
• Contains a hazardous internal configuration.
• Contains other recognized safety or health hazards.
Workers and emergency responders can be injured because of the failure to
recognize that a confined space is a potential hazard. Planned entry and
rescue procedures are the two major components of a safe confined space
entry.
Page 30 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 26
1. Federal versus Minnesota regulations
29 C.F.R. § 1910.146. The Federal Occupational Safety and Health (OSHA) Confined Spaces
Standard regulations contain practices and procedures to protect employees
in general industry from the hazards of entering confined spaces that cause
immediate danger to life and health. The Federal Standard was updated and
became effective February 1, 1999. Minnesota OSHA adopted the Federal
Standard as of December 1, 1999. This means that with the exception of the
construction industry, Minnesota Confined Space Entry Rules 5205.1000-
.1040 are no longer applicable.
The Minnesota Rules and the Federal Confined Space Entry Standards were
both developed to protect employees, however there are some significant
differences in the requirements. The most notable difference that the new
Federal Standard has over the previously used Minnesota Rules include
different definitions and classifications of confined spaces, more employee
involvement, and additional rescue procedure evaluating and training
requirements.
2. Highlights of federal requirements
29 C.F.R. § 1910.146. The Federal OSHA Confined Spaces Standard should be used as a basis for
developing a formal confined space entry written program. Some of the
basic components and requirements of the standard are outlined as follows:
• When one or more of the characteristics listed above are present, the
space is considered a “Permit-Required Confined Space.”
• A “Non-Permit Confined Space” is defined as a space that does not
contain or, with respect to atmosphere hazards, have the potential to
contain any hazard capable of causing death or serious physical harm.
a. Initial assessment
29 C.F.R. § 1910.146 (c)(1). The employer must evaluate the workplace to determine if any spaces are
considered permit-required confined spaces. All permit-required confined
spaces must have a sign posted indicating the existence and location of the
danger posed by the space.
29 C.F.R. § 1910.146(c)(8).
If the employer decides that employees will not enter permit-required
confined spaces, the employer must take effective measures to prevent
employees from entering the space. In addition to the evaluation and posting
of signs, the employer must:
Page 31 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 27
• Inform the contractor that the workplace contains permit spaces and that
permit space entry is allowed only through compliance with a permit
space program meeting the requirements.
• Apprise the contractor of the elements, including the hazards identified
and the host employer's experience with the space that make it a permit
space.
• Apprise the contractor of any precautions or procedures that the host
employer has implemented for the protection of employees in or near
permit spaces where contractor personnel will be working.
• Coordinate entry operations with the contractor, when both host
employer personnel and contractor personnel will be working in or near
permit spaces.
• Debrief the contractor at the conclusion of the entry operations regarding
the permit space program followed and regarding any hazards
confronted or created in permit spaces during entry operations.
b. Training
Initial and refresher training must be provided to all affected employees with
the necessary understanding, skills, and knowledge to perform the job
safely. Refresher training should be conducted in the following
circumstances:
29 C.F.R. § 1910.146(g). • Before the employee is first assigned duties.
• Before there is a change in assigned duties.
• Whenever there is a change in permit space operations that presents a
hazard about which an employee has not previously been trained.
• Whenever the employer has reason to believe either that there are
deviations from the permit space entry procedures, or that there are
inadequacies in the employee’s knowledge or use of these procedures.
c. Written program
29 C.F.R. § 1910.146(c)(4). If the employer decides that employees will enter permit-required confined
spaces, the employer must develop and implement a written permit space
entry program.
The written program must address the topics of preventing unauthorized
entry, identifying and evaluating confined space hazards, and establishing
procedures and practices for safe entry, including testing and monitoring.
Under the program, the employer must:
Page 32 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 28
• Provide specified equipment to employees involved in confined space
entry;
• Have an attendant stationed outside permit spaces during entry;
• Establish a procedure to summon rescuers and prevent unauthorized
personnel from attempting rescue;
• Develop a system for preparing, issuing, using, and canceling entry
permits; and
• Have procedures in place for coordinated entry when employees of more
than one employer are involved.
3. Permits
OSHA model, Confined
Space Pre-Entry Checklist.
The standard requires a permit system, an employer’s written procedure for
preparing and issuing permits for entry, and for returning the permit space to
service following termination of entry. An entry permit must include the
following:
• The permit space to be entered;
• The purpose of the entry;
• The date and length of the permit;
• A list of authorized entrants;
• The names of current attendants and the entry supervisor;
• A list of hazards in the permit space;
• A list of measures to isolate the permit space and eliminate or control the
hazards;
• The acceptable entry conditions;
• The results of test (initialed by the person(s) performing it);
• The rescue and emergency services available and the means to summon
them;
• The communication procedures for attendants and entrants;
• Any required equipment (respirators, alarms, etc.);
• Any other necessary information; and
• Any additional permits (such as hot works permits).
29 C.F.R. § 1910.146(e). The entry supervisor must authorize entry, prepare and sign written permits,
order corrective measures, if necessary, and cancel permits when work is
complete. Permits must be available to all permit space entrants at the time
of entry and should extend only for the length of the task. Permits must be
retained for one year.
Page 33 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 29
4. Personal protective equipment
29 C.F.R. § 1910.146(d)(4). Personal Protective Equipment must be provided if engineering and work
practice controls do not adequately protect employees. All equipment must
be provided to the employee at no cost, maintained properly, and used
properly by employees.
The entry permit should state what equipment, including PPE, testing
equipment, communications equipment, alarm systems, and rescue
equipment, is required for entry into the space.
29 C.F.R. § 1910.134.
If the confined space is determined to have an atmosphere that is
immediately dangerous to life or health (IDLH), the use of respirators or
self-contained breathing apparatuses may be required. This would require
that a formal OSHA Respiratory Protection program be implemented
according to 29 C.F.R. §1910.134.
5. Retrieval systems
29 C.F.R. § 1910.146(k)(3). Non-entry rescue retrieval systems are required unless the retrieval
equipment would increase the overall risk of entry or would not contribute to
the rescue of the entrant. This requires authorized entrant’s use a chest or
full body harness, with a retrieval line attached at the center of the entrant’s
back near shoulder level or above the entrant’s head. Wristlets may be used
instead only if a full body harness is demonstrated to be unfeasible or creates
a greater hazard, and it can be demonstrated that they are the safest and most
effective alternative.
The other end of the retrieval line must be attached to a mechanical device
or fixed point outside the permit space in such a manner that rescue can
begin as soon as the rescuer becomes aware that rescue is necessary. A
mechanical device must be available to retrieve personnel from vertical type
permit spaces more than 5 feet deep.
6. Rescue and emergency procedures
29 C.F.R. § 1910.146(k)(1). Confined space rescue personnel may be either on-site employees or an off-
site service. It is not acceptable for the confined space entry emergency
procedure be to simply call the fire department without taking steps to be
sure that the responders are qualified and equipped to perform a rescue.
An employer must be able to demonstrate that the chosen rescue procedure
is effective for the hazards of any specific permit-required confined space.
This means that if a confined space has an atmosphere that is determined to
be immediately dangerous to life or health (IDLH), the rescue team must be
standing by at the confined space. If there is no potential for an IDLH
atmosphere, a trained rescue team with a timely response time may be
acceptable.
Page 34 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 30
There are specific requirements for personnel designated to rescue
employees from permit spaces.
a. On-site team responsibilities
29 C.F.R. § 1910.146(k)(2). • Be properly equipped;
• Receive the same training as authorized entrants, plus training in the use
of personal protection and rescue equipment and in first aid, including
cardiopulmonary resuscitation (CPR); and
• Practice simulated rescues at least once every 12 months.
b. Outside rescue service responsibilities
29 C.F.R. §1910.146(k)(1). • Be made aware of the hazards of the confined spaces;
• Have access to comparable permit space to develop rescue plans; and
• Practice rescues.
c. Other requirements
29 C.F.R. § 1910.146(c)(5). The confined space standard specifies alternative protection procedures that
may be used for permit spaces where the only hazard is atmospheric, and
ventilation alone can control the hazard. To qualify for alternative
procedures, employers must:
• Ensure that it is safe to remove the entrance cover;
• Determine that ventilation alone is sufficient to maintain the permit
space safe for entry and that work to be performed within the permit-
required space must introduce no additional hazards;
• Gather monitoring and inspection data to support the above
requirements;
• If entry is necessary to conduct initial data gathering, perform such entry
under the full permit program; and
• Document the determinations and supporting data and make them
available to employees.
Entry into the space can take place after:
• It has been determined it is safe to remove the entrance cover;
• Openings are guarded to protect against falling and falling objects;
• Internal atmospheric testing;
• Air remains without hazard whenever any employee is inside the space;
• Continuous forced air ventilation has eliminated any hazardous
atmosphere; and
• Space is tested periodically.
Page 35 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 31
Employees must exit immediately if a hazardous atmosphere is detected
during entry and the space must be evaluated to determine how the
hazardous atmosphere developed.
7. Contractors
29 C.F.R. § 1910.146(c)(8)
and (9). When an employer arranges to have employees of another employer
(contractor) perform work that involves permit space entry; specific actions
still need to be taken. The employer must:
• Inform the contractor that the workplace contains confined spaces and
that permit space entry is allowed only through compliance with the
OSHA Confined Space Entry Standard;
• Provide the contractor with information on permit space, the permit
space program and procedures, and likely hazards that the contractor
might encounter;
• Coordinate with the host employer any joint entries; and
• Debrief the contractor at the conclusion of the entry operation.
In addition, when hiring a contractor to perform any work, especially
confined space entry, a proper formal written contract should be developed.
The contract should clearly define the roles of each party, require OSHA
standards be followed and provide for proof of proper and adequate
worker’s compensation and liability insurance.
8. Further assistance on confined entry
29 C.F.R. § 1910, subp. G.
29 C.F.R. § 1910, subp. Z.
ANSI/ASSE Z117.1 Safety
Requirements for Confined
Spaces, available from the
America National Standards
Institute. (2022).
Minnesota Safety Council
651.291.9150
800.444.9150
LMCIT Loss Control
Consultant Services
651.281.1200
800.925.1122
In addition to the federal confined spaces standard discussed in this section,
cities may find it helpful to review federal OSHA standards on occupational
health and environmental control, and toxic and hazardous substances. The
American National Standards Institute (ANSI) also has safety requirements
for confined spaces. The Minnesota Safety Council and your LMCIT loss
control consult are available for your questions and assistance.
VII. Sanitary sewer system by-pass
On occasion, circumstances may require a city to bypass their sanitary sewer
system. Because the requirements for sewer bypass are very specific, we
include the following information from the Minnesota Pollution Control
Agency (MPCA).
Page 36 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 32
A. Facts about sewage by-passes
Minnesota Pollution Control
Agency, Facts about Sewage
Bypass (Sep. 2020).
From time to time it may become necessary to release untreated or partially
treated wastewater to the environment. This type of discharge is known as a
sewage bypass. Learn what causes them, how to prevent them, the dangers
to the environment, and bypassing in floods.
B. Scheduled maintenance by-passes
Minnesota Pollution Control
Agency website on Scheduled
Maintenance Bypassing
Review Guidelines.
The MPCA guidelines recommended criteria for wastewater treatment
facilities that need to perform maintenance on their system but do not have
“system reliability” (duplicate treatment units) and who request approval in
advance to bypass untreated or partially treated domestic wastewater.
C. Emergency by-passes
Minnesota Pollution Control
Agency website on
Emergency Response
The MPCA has an Emergency Response Team whose members are
responsible for organizing the MPCA’s efforts for oil and hazardous
material emergencies such as chemical fires, train derailments, pipeline
breaks, tanker truck accidents or petroleum vapors in a sewer.
Minnesota Department of
Public Safety, Minnesota
Duty Officer Program
Situations that cause emergency sewer bypasses may also require state-level
assistance from other agencies or resources. The Bureau of Criminal
Apprehension’s Minnesota Duty Officer Program provides a single
answering point for local and state agencies to request state-level assistance
for emergencies, serious accidents or incidents, or for reporting hazardous
materials and petroleum spills. The duty officer is available 24 hours each
day, seven days each week.
Minnesota Pollution Control
Agency website on Floods:
Minimizing Pollution and
Health Risks
Flooding poses many problems for cities and industries and the continued
operation of wastewater treatment facilities. The MPCA provides guidance
for wastewater-treatment facility operators both in preparing for potential
floods and in working to recover operation after their facilities have been
affected by a flood.
D. Documentation
Minnesota Pollution Control
Agency model, Sampling
The MPCA has a report form that can be used to assist in the documentation
of wastewater treatment and disposal sampling.
Page 37 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 33
VIII. Further assistance
LMCIT
651.281.1200
800.925.1122
LMCIT Loss Control
Consultant Services.
The League of Minnesota Cities Insurance Trust loss control staff is happy
to help you with questions on controlling sewer backup losses. Field Loss
Control Consultants may give individual city evaluations and consultations
on sewer backup prevention.
Page 38 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 34
Cases
Christopherson v. City of Albert Lea, 623 N.W. 2d 272, (Minn. Ct. App. 2001) ..................................... 7
Statutes
Minn. Stat. § 412.221, subd. 22 ............................................................................................................ 13
Minn. Stat. § 466.03, subd. 6................................................................................................... 4, 6, 18, 25
Minn. Stat. § 541.05, subd. 1................................................................................................................ 12
Minn. Stat. § 541.051, subd. 1 .............................................................................................................. 12
Other Authorities
Fats, Oil and Grease Ordinance from the City of Duluth at Chapter 43, Article VI, Division 2 ............. 14
OSHA model, Confined Space Pre-Entry Checklist ........................................................................ 15, 28
Regulations
29 C.F.R. § 1910, subp. G .................................................................................................................... 31
29 C.F.R. § 1910, subp. Z .................................................................................................................... 31
29 C.F.R. § 1910.134 ........................................................................................................................... 29
29 C.F.R. § 1910.146 ...................................................................................................................... 15, 26
29 C.F.R. § 1910.146 (c)(1) ................................................................................................................. 26
29 C.F.R. § 1910.146(c)(4) .................................................................................................................. 27
29 C.F.R. § 1910.146(c)(5) .................................................................................................................. 30
29 C.F.R. § 1910.146(c)(8) .................................................................................................................. 26
29 C.F.R. § 1910.146(c)(8) and (9) ...................................................................................................... 31
29 C.F.R. § 1910.146(d)(4) .................................................................................................................. 29
29 C.F.R. § 1910.146(e) ....................................................................................................................... 28
29 C.F.R. § 1910.146(g)....................................................................................................................... 27
29 C.F.R. § 1910.146(k)(1) .................................................................................................................. 29
29 C.F.R. § 1910.146(k)(2) .................................................................................................................. 30
29 C.F.R. § 1910.146(k)(3) .................................................................................................................. 29
29 C.F.R. §1910.146(k)(1) ................................................................................................................... 30
Document Reference (any internal reference to a document, e.g. section IB local
government, Appendix A.)
Section III-D, Public use of sanitary sewer system ordinance............................................................6, 22
Section VI-A, Keep good records .................................................................................................... 4, 7, 9
Section VI-B, Address inflow and infiltration ...................................................................................... 13
Section VI-C, Follow all confined space entry regulations ................................................................... 15
Information Memo
Computer and Network Loss Control, Section III-L, Website and social media policies ....................... 17
Page 39 of 45
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 1/8/2024
Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures Page 35
LMCIT Liability Coverage Guide, Section III-R-2, No-fault sewer back-up coverage ............................. 4
LMC Reference (any document that links to the LMC website, e.g. Sample models, sample
policies, sample ordinances)
Inflow and Infiltration, LMC Model Ordinance .................................................................................... 22
LMCIT Loss Control Consultant Services ....................................................................................... 31, 33
LMCIT Sanitary Sewer Incentive Program ............................................................................................ 3
model, Backflow Check Valve Agreement .............................................................................................. 3
model, Backflow Check Valve Policy ..................................................................................................... 3
model, Cab Cards for City Vehicles ..................................................................................................... 14
model, Lift Station Report Form........................................................................................................... 15
model, Preventive Maintenance Checklist ............................................................................................ 15
model, Sanitary Sewer Article for City Newsletter ................................................................................ 16
model, Sanitary Sewer Backup Brochure ............................................................................................. 16
model, Sanitary Sewer Backup Letter to Residents ............................................................................... 16
model, Sanitary Sewer Emergency Response Policy ............................................................................. 12
model, Sanitary Sewer Maintenance Policy ....................................................................................... 4, 8
model, Sanitary Sewer Manhole Inspection Form ........................................................................... 15, 23
model, Sanitary Sewer Service Report Form ........................................................................................ 15
model, Sanitary Sewer System Assessment Tool .................................................................................... 3
model, Sanitary Sewer Utility Bill Stuffer ............................................................................................. 17
model, Web Content for City Sanitary Sewer Departments ................................................................... 17
Outside Resource
American National Standards Institute ................................................................................................. 31
Minnesota Department of Public Safety, Minnesota Duty Officer - BCA Operations Center................. 32
Minnesota Pollution Control Agency model, Release Sampling Report. ............................................... 32
Minnesota Pollution Control Agency website on Emergency Response Team....................................... 32
Minnesota Pollution Control Agency website on Floods: Minimizing pollution and health risks .......... 32
Minnesota Pollution Control Agency website on Scheduled Maintenance Bypassing Review Guidelines
........................................................................................................................................................ 32
Minnesota Pollution Control Agency, Facts about Sewage Bypass (July 2015) .................................... 32
Minnesota Safety Council .................................................................................................................... 31
Water Environment Federation, Will it Flush? Online video clip. YouTube, (Jan. 4, 2012) .................. 16
WCCO News, ‘Flushable’ Wet Wipes Wreaking Havoc on Sewer Systems. Online video clip. CBS
Minnesota, (April 19, 2016) ............................................................................................................. 16
Page 40 of 45
CHAPTER 2
SEWER SYSTEM
SECTION:
8-2-1: Establishment Of Department
8-2-2: Council To Manage System
8-2-3: Utilities Supervisor
8-2-4: Application, Permits And Fees
8-2-5: Private Sewer System Unlawful
8-2-6: Connection Requirements
8-2-7: Installations Of Connections
8-2-8: Prohibiting Discharges Into The Sanitary Sewer System And Providing Penalties For Violations
Thereof
8-2-9: Excavation And Repair Work
8-2-10: Right To Enter Land
8-2-11: Sewer Connections Prohibited
8-2-12: Sewer Rental Charges
8-2-13: Sewer Operations Fund
8-2-1: ESTABLISHMENT OF DEPARTMENT:
There is hereby established the city utilities department. The sanitary sewer systems as they are now
constituted or shall be hereafter enlarged or extended shall be operated and maintained under the
provisions of this chapter subject to the authority of the council at any time to amend, alter, change
and repeal the same. (Ord. 172, 5-5-1969)
8-2-2: COUNCIL TO MANAGE SYSTEM:
The council shall have charge and management of the sanitary sewer system, subject to such
delegation of their authority to other city employees as the council shall provide. (Ord. 172, 5-5-1969)
8-2-3: UTILITIES SUPERVISOR:
For the purposes of this chapter, the "utilities supervisor" is defined as either the city engineer or the
municipal services director. (Ord. 015-695, 3-16-2015)
8-2-4: APPLICATION, PERMITS AND FEES:
No person shall make any type of connection to, repair of, or alteration in the sanitary sewer system
except after making an application on a form provided by the city and receiving a permit issued by the
city. The application shall include the legal description of the property to be served, the uses for which
the connection is requested and the size of the service line to be used.
The utilities supervisor shall examine all applications before a permit is issued; and after the
construction, enlargement, alteration or repair is complete the utilities supervisor shall be notified. It
shall be unlawful to cover any connecting line until an inspection has been made and such connection
and the work incident thereto has been approved by the utilities supervisor as a proper and suitable
connection.
Page 41 of 45
No permit shall be issued and 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 that have not paid or
provided for the payment of the current installment of any special assessment thereon.
All connection costs and charges, permit fees and user charges, together with the method of payment
therefor, shall be established by the council from time to time, within the discretion of said council.
(Ord. 172, 5-5-1969)
8-2-5: PRIVATE SEWER SYSTEM UNLAWFUL:
It shall be unlawful for any person to install a private or community sanitary sewer system within the
city limits except in cases where the public sanitary sewer system is not accessible to the premises
where such private systems are requested. To determine whether or not such public sanitary sewer
system is available for connection each person or corporation desiring to install a private or community
sanitary sewer system must first make application for connection to a public system. Upon
determination of the utilities supervisor that it is not feasible to connect the applicant's premises to the
public sanitary sewer system then the applicant shall be granted a permit to install a private sanitary
sewer system.
All properties using a private or community sewer system in the city shall connect to the public
sanitary sewer system of the city within two (2) years after the time that said system is available to the
property. (Ord. 094-336, 8-15-1994)
8-2-6: CONNECTION REQUIREMENTS:
All new service pipes connected to the public sanitary sewer system shall be a type approved by the
city engineer; however, under no circumstances shall such connection pipes be orangeburg pipe or
shall the thickness of the pipe casing be less than one-eighth (1/8) of an inch. Each principal use shall
be connected separately to the public sanitary sewer system. Existing connection pipes shall be
brought into compliance with this section upon the repair, alteration or replacement. (Ord. 015-695, 3-
16-2015)
8-2-7: INSTALLATIONS OF CONNECTIONS:
All connections to the sanitary sewer system shall be performed by a plumber licensed to do plumbing
by the state; except that nothing in this chapter shall be construed to prohibit an individual owner from
obtaining a permit and installing such connection by his own labor; provided, however, that said
construction is conducted under the regulations of this chapter and requirements of the city engineer
and the utilities supervisor. (Ord. 172, 5-5-1969)
8-2-8: PROHIBITING DISCHARGES INTO THE SANITARY SEWER SYSTEM AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF:
(A) Purpose: In adopting this section, the city council finds that the discharge of water from any
roof, surface, groundwater sump pump, footing tile or swimming pool or other natural precipitation into
the city sewer system will, and has on numerous occasions in the past, flooded and overloaded the
sewer system to such an extent as to cause significant and grave damage to the property of large
numbers of city residents. Such damage is caused by the backup of sewage into the living quarters of
residents and in addition to other damage, creates a hazard to health. The city council, therefore, finds
it essential to the maintenance of health, to the minimization of damage to property and to meet
Minnesota pollution control agency and metropolitan council regulations, that the provisions of this
section be strictly enforced to avoid emergencies in the future. (Ord. 015-695, 3-16-2015)
(B) Definition And Method: No water from any roof, surface, groundwater sump pump, footing tile,
swimming pool or other natural precipitation shall be discharged into the sanitary sewer system.
Dwellings and other buildings and structures which require, because of the infiltration of water into
basements, crawl spaces and the like, a sump pump discharge system shall have a 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 round
discharge capability to either the outside of the dwelling, building or structure, or is connected to the
Page 42 of 45
city 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 city storm sewer line, include a check valve and an air gap located in a small diameter structure
as shown in the city's standard plates. (Ord. 093-309, 6-21-1993)
(C) Disconnection: All connections from a roof, surface, groundwater sump pump, footing tile or
swimming pool now connected and/or discharging into the sanitary sewer system were to be
disconnected prior to August 15, 1993. Future connections were and are prohibited. (Ord. 015-695, 3-
16-2015)
(D) Inspection: Every person owning improved real estate that discharges into the city's sanitary
sewer system shall allow an employee of the city 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. In lieu of having the city inspect their property, any person may furnish a certificate from a
licensed plumber certifying that their property is in compliance with this section.
Any person refusing to allow their property to be inspected or refusing to furnish a plumber's certificate
within fourteen (14) days of the date city employee(s) or their designated representatives are denied
admittance to the property, shall immediately become subject to the surcharge hereinafter provided
for. Any property found to violate this section shall make the necessary changes to comply with this
section and furnish proof of the changes to the city by August 15, 1993. (Ord. 093-309, 6-21-1993)
(E) Future Inspections: Each sump pump connection identified may be reinspected on a yearly
basis. (Ord. 015-695, 3-16-2015)
(F) New Home Inspections: All new homes shall be required to have their sump pump system
inspected within thirty (30) days of occupancy and a certificate of compliance completed.
(G) Penalty: A surcharge of one hundred dollars ($100.00) per month is hereby imposed and added
to every sewer billing mailed on and after August 15, 1993, to property owners who are not in
compliance with this chapter. The surcharge shall be added every month until the property is in
compliance. The surcharge shall continue to be levied monthly on properties not complying with this
chapter. All properties found during yearly reinspection to have violated this chapter shall be subject to
the one hundred dollars ($100.00) per month penalty for all months between the two (2) most recent
inspections. (Ord. 093-313, 8-16-1993; amd. Ord. 094-334, 8-1-1994)
8-2-9: EXCAVATION AND REPAIR WORK:
All installation work or repairs of connections to the sanitary sewer system including grades, bends
and backfilling shall be performed under the direction and supervision of the utilities supervisor. No
work shall be covered or backfilled until directed by said supervisor. All work and excavations shall be
protected by barricades and warning markers and lights reasonable and suitable to the purpose. The
city shall be held harmless of any claim or loss that might arise for damage, loss or injury caused by or
arising by reason of such work being performed; and the applicant causing such work to be done shall
give undertaking to the city with respect hereto.
No digging in a permanent type street shall be permitted except by special permission from the city,
and upon posting of such security as may be required for the replacement of said street. (Ord. 172, 5-
5-1969)
8-2-10: RIGHT TO ENTER LAND:
The city by any authorized employee or agent shall have the right to enter and be admitted to any
lands and property in the city for purpose of inspection of materials, plumbing work and fixtures of all
kinds used by or in connection with the sanitary sewer systems. (Ord. 172, 5-5-1969)
8-2-11: SEWER CONNECTIONS PROHIBITED:
It shall be unlawful for any person to make or have made on his behalf any connection to the city
sewer system in the city for the purpose of, or resulting in, connecting property not then within the
boundaries of the city to the city sewer system. (Ord. 157, 9-1-1965)Page 43 of 45
8-2-12: SEWER RENTAL CHARGES:
Charges for use of the city utility system shall be established and billed for as provided in chapter 12
of this title. (Ord. 013-659, 3-4-2013, eff. 4-1-2013)
8-2-13: SEWER OPERATIONS FUND:
All funds received from the collection of the charges or rentals authorized by this chapter and all funds
received from charges provided in contracts with special users of said sewer system, shall be
deposited as collected in a fund designated as the sewer operations fund and disbursed from said
fund to meet the cost of operating and maintaining the sewage disposal plant and the facilities
connected therewith. (Ord. 015-695, 3-16-2015)
FA192 8-3.txt
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CITY OF
FARMINGTO
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