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The following is a summary of revision to the ordinance establishing standards for reduction of inflow and infiltration which were adopted by the WLSSD Sanitary Board on June 26, 2017. The entire revised ordinance can be viewed at the WLSSD Administrative Offices at 2626 Courtland Street, Duluth, MN 55806, during normal business hours.  A copy is also available online at Ordinance Establishing Standards for Reduction of Inflow and Infiltration. These revisions are effective upon this publication.  In addition to minor revisions or clarifications, the key amendments to the inflow and infiltration ordinance are summarized as follows:


Article II: Definitions

Definitions were added for actual dry weather flow, average dry water flow, permitted peak flow, capacity allocation permit, capacity availability fee, certificate of sump pump or foundation drain disconnection I&I compliance, foundation drain, inflow and infiltration, new use, sewer service lateral, sump pump, and wastewater collection and transmission system.


Article III: Peak Flow Compliance

This section provides that a municipality must keep its actual peak flow as a level no higher than its permitted peak flow as specified in its capacity allocation permit.


Article IV: Reporting Requirements

The concept of level of service was removed from the reporting requirement and replaced with the concept of actual peak flow exceeding the municipality’s permitted peak flow as the trigger for an exceedance report. Additional information concerning sewer service laterals and foundation drains (sump pumps) will be required in annual reporting.


Article V: Penalties

Added a provision that when a municipality is found to be in non-compliance with the ordinance, WLSSD will send it a notice of non-compliance setting forth the basis for the determination, any penalties to be imposed, and the actions the municipality must take to return to compliance.


Article VI: Appeal

Amended this section to provide an appeal process for a municipality to challenge any decision made by the Executive Director under this ordinance. The appeal is decided by the WLSSD Board. The notice of appeal must be submitted within 30 days of the decision. The appeal process follows the process set forth in section 3.6 of the WLSSD solid waste ordinance, unless the parties mutually agree to an alternate process.


Article VII: Sewer Service Lateral and Sump Pump or Foundation Drain Disconnection Compliance Programs

This is a new section in the ordinance. Each municipality must provide to WLSSD by February 15, 2019, a plan describing how the municipality will implement a sump pump or foundation drain disconnection program and a sewer service lateral inspection and correction program. The programs must be in place and enforceable no later February 15, 2020.


The sewer service lateral compliance program must be designed to prevent any structure from contributing inflow and infiltration into the public wastewater collection system. The program can require inspections and correction for sewer service laterals upon a change in property ownership or a significant change in use of a building on the property; and/or based on a systematic inspection and correction program developed by the municipality. The ordinance requires that the municipality’s inspection and correction program have certain listed components to assure the program is effective.


The sump pump or foundation drain disconnection compliance program must require that the owner of a structure connected to the wastewater system obtained a certificate of compliance from the municipality (1) before listing, selling or conveying the property or (2) upon determination that the owner of the structure pay a capacity availability fee for a new or increased wastewater flow. If a property is inspected and found the need a foundation drain disconnection, the buyer and seller must agree to correct the problem within one hundred twenty (120) days and the municipality must have a process to compel the correction.


Article VIII: Effective Date

This amended ordinance is effective January 1, 2018.


Western Lake Superior Sanitary District

Marianne Bohren

Executive Director