Sanitary Sewer ConnectionsMEMORANDUM
August 28, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Sanitary Sewer Connections
In December of 1994, the City Council directed staff to enforce connection to sanitary
sewers for properties that are currently within 200 feet of a public sanitary sewer main.
The City Council adopted several ordinances relating to the abandonment of septic tank
systems.
Since that time, the Health Services Department has enfomed connection to the
sanitary sewer for approximately 256 properties. This includes properties where sewer
was previously available properties and where new sewer was extended to serve
existing dwellings.
During this process, and more recently as part of the annexation discussions in the
Middle Road/Seippel Road areas, the City has identified certain properties where it is
not practical to enforce this connection requirement. This is especially true where the
properzy line is Within 200 feet, but the residence is hundreds of feet further.
I respectfully recommend that the current ordinance be amended to give the City
Manager some discretion when ordering these connections.
dchael C. Van Miiligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Mary Rose Corrigan, RN, Public Health Specialist
Sanitary Sewer Connection Ordinance Revision
August28,2003
INTRODUCTION
This memorandum provides an Ordinance revision to the rec uirement for sanitary sewer
connection and a staff policy.
BACKGROUND
Since 1995, the Health Services Department has enforced properties to connect to City sanitary
sewer when the property was within 200 feet of existing public sanitary sewer. This is m
accordance with the Code of Ordinances.
DISCUSSION
Existing and proposed new annexations along with large parcels of property, especially where
the dwelling is a considerable distance from the City sanitary sewer line, may be unreasonable
and impracticable to connect to the sanitary sewer under the existing "200 feet from the property
line" ordinance.
The attached ordinance revision gives the City Manager the option of deeming a property
impracticable for connection and thus not requiring connection to the City sanitary sewer.
For the majority of properties, the Ordinance change will not affect the existing sewer connection
program.
RECOMMENDATION
recommend approving the attached Ordinance amendment and City policy for sanitary sewer
connection.
CITY COUNCIL ACTION
Approve the attached Ordinance and policy.
MRC/cj
cc: Mike Koch, Public Works Director
Gus Psihoyos, Assistant City Engineer
Sewer Connection Policy
In December of 1994, the City Council directed staff to enforce connection to sanitary
sewers for properties that are currently within 200 feet of a public sanitary sewer ma~n.
The City Council adopted several ordinances relating to the abandonment of septic tank
systems.
Since that time, the Health Services Department has enforced connection to the
sanitary sewer for approximately 256 properties. This includes properties where sewer
was previously available and where new sewer was extended to serve existing
dwellings.
The City Council has amended the Code of Ordinances which allows the City Manager
to make exceptions to the sewer connection ordinance when the City Manager
determines that the connection is deemed impracticable.
The purpose of this policy is to establish standards for impracticability.
A sewer connection may be considered impracticable under the following conditions:
· If the property where the private disposal system is located is zoned
Agricultural or R-1 with one single family dwelling constructed prior to
September 2, 2003; and
· If the distance is greater than 500 ft between the dwelling served Dy the
private disposal system and the public sanitary sewer; and
· A private sewage disposal system can be installed on the property in
compliance with I.A.C. Chapter 69 if the private system fails or is non-
compliant.
08/28/2003 12:41 PM
EFFECT OF AMENDMENT
Sec. 44-55. Abandonment Of Private On-Site Sewage Treatment And Disposal System
Upon Avail ability Of Public Sewer:
(a) When a public sewer is constructed within two hundred feet (200') of the property
line, the building sewer shall be connected to said sewer in accordance with City
standards established by the City Manager and within three hundred sixty five (365)
days from date of wdtten notification by the City Manager, unless the City Manager for
good cause grants an extension from such three hundred sixty five (365) day period
which extension shall not be in excess of the time provided in subsection (b) of this
Section, and the pdvate on-site sewage treatment and disposal system abandoned in
accordance with subsection (b) of this Section. However, the property shall not be
required to connect to the public sewer if construction plans for the private on-site
sewage treatment and disposal system are available, the system meets the provisions
of chapter 69 of the Iowa Administrative Code, and the system received a construction
permit from the City Manager prior to installation. If the City Manager cannot determine
that the system is in compliance with chapter 69 of the Iowa Administrative Code,
connection shall be made to the sanitary sewer in accordance with City standards
established by the City Manager.
(b) Notwithstanding the foregoing, no private on-site sewage treatment and disposal
system shall be permitted to operate for more than fifteen (15) years, unless otherwise
determined by the City Manager pursuant to standards adopted by the City Manager. At
any time the City Manager determines the system is no longer adequate, connection to
the sanitary sewer shall be made.
(c) Notwithstandin.q the fore.qo~n.q, the City Manager is authorized to exempt a
property from the requirement of connecting to the public sewer if the City Manaqer
determines that such connection would be impracticable due to peculiar conditions of
the property and the private on-site sewaqe treatment and disposal system on th~
property is in compliance with chapter 69 of the Iowa Administrative Code.
Preparer: Barry A. Lindahl, Esq. Address: Suite 330 Harbor View Place 300 Main Street
Dubuque, lA52001 Telephone: (563) 583-4113
ORDINANCE NO. 71-03
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 44
SECTION 44-55 ABANDONMENT OF PRIVATE ON-SITE SEWAGE TREATMENT
AND DISPOSAL SYSTEM UPON AVAILABILITY OF PUBLIC SEWER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of Ordinances Section 44-55 is
hereby amended to read as follows:
Sec. 44-55. Abandonment Of Private On-Site Sewage Treatment And
Disposal System Upon Availability Of Public Sewer:
(a)
When a public sewer is constructed within two hundred feet (200') of
the property line, the building sewer shall be connected to said
sewer in accordance with City standards established by the City
Manager and within three hundred sixty five (365) days from date of
written notification by the City Manager, unless the City Manager for
good cause grants an extension from such three hundred sixty five
(365) day period which extension shall not be in excess of the time
provided in subsection (b) of this Section, and the private on-site
sewage treatment and disposal system abandoned in accordance
with subsection (b) of this Section. However, the property shall not
be required to connect to the public sewer if construction plans for
the private on-site sewage treatment and disposal system are
available, the system meets the provisions of chapter 69 of the Iowa
Administrative Code, and the system received a construction permit
from the City Manager prior to installation. If the City Manager cannot
determine that the system is in compliance with chapter 69 of the
Iowa Administrative Code, connection shall be made to the sanitary
sewer in accordance with City standards established by the City
Manager.
(b)
Notwithstanding the foregoing, no private on-site sewage treatment
and disposal system shall be permitted to operate for more than
fifteen (15) years, unless otherwise determined by the City Manager
pursuant to standards adopted by the City Manager. At any time the
City Manager determines the system is no longer adequate,
connection to the sanitary sewer shall be made.
(c)
Notwithstanding the foregoing, the City Manager is authorized to
exempt a property from the requirement of connecting to the public
sewer if the City Manager determines that such connection would be
impracticable due to peculiar conditions of the property and the
private on-site sewage treatment and disposal system on the
property isin compliance with chapter 69 of the Iowa Administrative
Code.
Section 2. This ordinance shall take effect upon publication.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:~USERS~,
Passed, approved and adopted this 2nd day of September ,2003.