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Brant Lake Sanitary District Codified Ordinances

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Chapter 1: Declaration of Name

The name of this political subdivision, duly organized and legally incorporated within Lake County, South Dakota as a Sanitary District, as authorized in SDCL Chapter 34A-5, is “Brant Lake Sanitary District”, and all corporate affairs of this political subdivision shall be conducted in the name of Brant Lake Sanitary District. For the purposes of these ordinances, the term “District” is synonymous with Brant Lake Sanitary District.

Chapter 2: General Provisions and Authority

2.1 Definitions.

Terms used in the District’s Codified Ordinances, unless the context otherwise plainly requires or unless otherwise specifically defined, shall mean:

2.1.1 “Anticipated Emergency”: – Any situation, conditions, events, predictions, forecasts, or other factors that separately or in combination suggest a reasonable possibility that an Emergency is likely to occur within 8 weeks or less.
2.1.2 “Biochemical Oxygen Demand (BOD)”: shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade, expressed in milligrams per liter.
2.1.3 “Building Drain”: shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.
2.1.4 “Building Sewer”: shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.
2.1.5 “Combined Sewer”: shall mean a sewer intended to receive both wastewater and storm or surface water.
2.1.6 “Distribution box”: shall mean a control structure to informally divert flows to lateral connection lines.
2.1.7 “District”: shall mean the Brant Lake Sanitary District, Lake County, South Dakota.
2.1.8 “Dwelling Unit”: shall mean an individual subdivision designed for human occupancy that is part of a larger structure or property that is connected to the sewer system. Examples of dwelling units would include, but are not limited to, camper sites within a campground, apartments within an apartment building or complex, and so on…
2.1.9 “Emergency”: – Any situation or event, either natural or man-made, in which action is required to avoid or potentially avoid damage to property and infrastructure owned by the District.
2.1.10 “Emergency Personnel”: – Any person, either paid or volunteer, designated by the Board to install or maintain Mitigation Infrastructure or to conduct Mitigation Efforts as required and prudent in the protection of District Infrastructure.
2.1.11 “Floatable Oil”: is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
2.1.12 “Garbage”: shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
2.1.13 “High Risk Property”: – Any parcel or multiple parcels of property designated by the Board as being prone to suffer damage or threat of damage either during natural disasters including, but not limited to, floods, high winds, and storms or due to man-made events including, but not limited to, dam failures, water diversions, construction activity, landscaping features, etc.
2.1.14 “Human Occupancy”: is defined as the common activities of residential habitation, either on a permanent or a temporary basis, such as sleeping, eating, cooking, grooming, working, and recreating, conducted within any enclosed structure, including mobile homes, camping units, and other temporary structures. For the purposes of these ordinances, recreational or hobbiest activities alone, when not regularly combined with other aforementioned residential activities would not be defined as human occupancy. Additionally, any structure or location where residential activities take place on a purely occasional basis – less than 10 days per 12 month period – would not be considered a structure of human occupancy.
2.1.15 “Industrial wastes”: shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
2.1.16 “Inspectors”: shall mean any authorized deputy, agent or representative of the Superintendent or person appointed as such either by the Superintendent or by the Board of Trustees.
2.1.17 “Natural outlet”: shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
2.1.18 “May”: is permissive.
2.1.19 “Mitigation Effort”: – Any action or intervention by the Board or by any employee or representative or by a contracted vendor acting on behalf of the Board intended to avoid, minimize, or reduce the risk of damage to District Infrastructure, to reduce or avoid financial liability for the District, or to reduce or avoid labor and/or effort required to maintain the District’s operations and infrastructure.
2.1.20 “Mitigation Infrastructure”: – Any physical or mechanical enhancement, modification, or construction design feature intended to avoid, minimize, or reduce the risk of damage to District Infrastructure located on or serving High Risk Properties.
2.1.21 “Mitigation Infrastructure Master Plan”: – An outline of Mitigation Infrastructure defined by the Board as necessary for the protection of District Infrastructure, including both Mitigation Infrastructure yet to be constructed as well as Mitigation Infrastructure already operational and to be maintained.
2.1.22 “Natural outlet”: shall mean any outlet into a water course, pond, ditch, lake, or other body of surface or ground water.
2.1.23 “Non-Residential Users”: shall be all types of units other than “Residential Users,” including, but not limited to, multiple family dwelling units, apartment houses, hotels, motels, pubic use areas, state park facilities, and all other enterprises.
2.1.24 “Person”: shall mean any individual, firm, company, association, society, corporation, or group.
2.1.25 “pH”: shall mean the logarithm of the reciprocal of the hydrogenion concentration.
2.1.26 “Pit”: shall mean an excavated hole in the earth for use of disposal of non-treated sewage.
2.1.27 “Properly Shredded Garbage”: shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension.
2.1.28 “Property Owner”: shall refer to any owner in fee of any lot(s) upon which a habitable structure is in existence, including commercial and residential property.
2.1.29 “Public Sewer”: shall mean a common sewer controlled by a governmental agency or public utility.
2.1.30 “Refuse”: shall mean and include any waste product composed wholly or partly of such materials as garbage, trash, rubbish, litter, accumulated waste material, cans, containers, tires, junk, or other such substance which may become a nuisance.
2.1.31 “Residential Users”: shall be classified as single family dwellings, individual condominium units, or individual mobile home units, whether season or year-round.
2.1.32 “Rubbish”: shall mean wood, l eaves, trimmings from shrubs, dead trees, or branches thereof, shavings, sawdust, excelsiors, wooden ware, dodgers, printed matter, paper, paper board, posterboard, grass, rags, straw, boots, shoes, hats, and all other combustible material not included under the term “garbage”.
2.1.33 “Sanitary Sewer”: shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
2.1.34 “Septic tank”: is a single-story tank in which the settled sludge is in immediate contact with the sewage flowing through the tank, while the organic solids are decomposed by anaerobic material action.
2.1.35 “Sewage”: shall mean a combination of the water-carried waste from residence, business buildings, institutions and industrial establishments, together with such ground, surface, and storm waters as may be present.
2.1.36 “Sewage Treatment”: shall mean any arrangement of devices and structures used for treating sewage.
2.1.37 “Sewer”: shall mean a pipe or conduit that carries wastewater or drainage water.’
2.1.38 “Shall”: is mandatory.
2.1.39 “Slug”: shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
2.1.40 “Storm Drain” or “Storm Sewer”: shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
2.1.41 “Superintendent”: shall mean the individual or organization, and their respective employees or sub-contractors, who have been designated by the Board as responsible for the oversight, management, maintenance, repair, and replacement of District Infrastructure and Sanitary System Operations.
2.1.42 “Suspended Solids”: shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue.
2.1.43 “Unpolluted Water”: is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
2.1.44 “Wastewater”: shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.
2.1.45 “Wastewater Facilities”: shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
2.1.46 “Wastewater Treatment Works”: shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant,” “water pollution control plant,” or “sewage treatment plant.”
2.1.47 “Wastewater system”: shall refer to the public wastewater collection system being operated by District at any given time.
2.1.48 “Watercourse”: shall mean a natural or artificial channel for the passage of water either continuously or intermittently.
2.1.49 “Suitable Toilet” and/or “Suitable Sanitation Facilities”: shall mean a flush toilet or direct drain in a dwelling or structure which is on a permanent foundation or otherwise permanently anchored.

2.2 Superintendent and Inspectors

2.2.1 Appointment of a Superintendent.

The Board may appoint and designate a person to act as and be known as the “Sanitary Superintendent” of the District, upon such qualifications, for such time and salary as the Board may determine from time to time; and, provided further, that such person may be a member of the Board.

2.2.2 Appointment of Inspectors.

The Board may appoint and hire such number of Inspectors and upon such qualifications, term and pay that may be directed by the Board.

2.2.3 Superintendent and Inspectors Powers and Duties.

The Superintendent and his inspectors shall have the powers to perform all of the acts and duties necessarily required to be performed or done by them as required by any provision of this ordinance.

2.2.4 Permit to Enter.

The Superintendent and inspectors, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions if this ordinance.

2.2.5 Pursuit of Information and Data.

The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

2.3 Penalty Provisions

2.3.1 Procedure.

Any person found to be violating any provisions of the District’s Ordinances shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease such violation or violations.

2.3.2 Punishment.

Any person who shall continue any violation beyond the time limit provided for in this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount determined by the Board of Trustees, but not exceeding $1000.00 for each violation. Each day in which such violation continues shall be deemed a separate offense.

2.3.3 Civil Redress.

Any person violating any provisions of this ordinance shall become liable to the District for any expense, loss, or damage occasioned to the District by reason of such violation or violations.

2.4 Sewage Permits Required

Prior to making any changes, additions, improvements, or removal of structures, equipment, or facilities that are required to be connected to the District’s Public Sewer or that are already connected to the Districts’ Public Sewer, the Property Owner or Owners must apply for and obtain a Permit from the District.

2.4.1 Permit Procedures and Costs.

The cost of a Permit, the information that must be provided as part of the permitting process, and the procedures that must be followed shall be determined by the Board of Trustees and enacted by motion or Resolution.

2.4.2 Notification Only.

The granting of a Permit by the District allows for the lawful connection or disconnection from the District’s Public Sewage Treatment System. The granting of a Permit neither implies nor conveys any approval for construction or land use that would be governed by Lake County, by the Township where the work is to be done, or by the City of Brant Lake, South Dakota.

Chapter 3: Connection to Public Sewer Required

3.1 Dumping Prohibited

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the District, or in any area under the jurisdiction of said District, any human or animal excrement, garbage, or other objectionable waste.

3.2 Unlawful to Discharge

It shall be unlawful to discharge to any natural outlet within the District, or in any area under the jurisdiction of said District, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with all provisions of this ordinance.

3.3 Unlawful to Construct Private Sewage Facilities

Unless specifically exempted in these Ordinances, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

3.4 Requirement to Connect

The owner of all houses, buildings or properties – including mobile homes, motorized homes, motorized camper units, camping trailers, or similar habitats and structures — used for human occupancy, sleeping, employment, or business — situated within the District is hereby required at the owner’s expense to install suitable toilet and sanitation facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance within sixty (60) days after the date of official notice to do so. This provision does not apply to…

3.4.1 Temporary Structures.

Temporary structures or properties that are dismantled and removed within 14 days of initial construction; or

3.4.2 Storage Structures.

Storage structures without water and flushing toilets which are not used for sleeping or human occupancy purposes more than 10 days per year; or

3.4.3 Movable Structures.

Movable properties – such as motorized homes, motorized camper units, camping trailers, or similar habitats and structures — that are located within the District for less than 14 days in any given 12-month period; or

3.4.4 Utility Buildings.

Utility buildings which are used primarily for personal, non-commercial, workshop or hobbiest activities such as car restoration, woodworking, handicrafts, gardening, and so on, and which are not used for sleeping or human occupancy purposes more than 10 days per year; or

3.4.5 State Owned Toilets.

Self-contained, stand-alone toilet facilities owned by the State of South Dakota and located on land controlled by the South Dakota Department of Game, Fish, and Parks, such land which is dedicated to providing public access to Brant Lake.

3.5 Application and Process for Connecting to Public Sewer

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the District. To obtain a permit the owner or his agent shall make application on a form furnished by the District. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the District or its designee. A permit and inspection fee of $25.00 shall be paid to the District at the time the application is filed.

3.6 Connection Costs and Fees

All costs and expense incidental to the installment and connection of the building sewer shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

3.7 Separate Connections Required

A separate and independent sewer connection shall be provided for every building, house, structure, or property, except:

3.7.1

Where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the District does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned; or

3.7.2

Where a legally permitted and zoned secondary building that is required to have toilet and sanitary facilities as required in Section 2, Sub-Section D of this ordinance, and is located on the same lot — as defined by legal plats on file with the Lake County Register of Deeds — as a primary facility that is legally connected to the sanitary sewer system, and where the secondary building can be connected to the main facility’s grinder station; or

3.7.3

Where a movable property designed for human occupancy such as a motorized camper, camper trailer, or similar unit not placed on a permanent foundation is connected to a centralized, commercial grade sewer connection that is part of a campground facility, licensed by the State of South Dakota as a campground, with 10 or more spaces offered for lease or rent.

3.8 Connection and Construction Requirements

The size, slope, alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District or the laws and regulations of the State of South Dakota. Additionally…

3.8.1

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

3.8.2

No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Superintendent for purposes of disposal of polluted surface drainage.

3.8.3

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District, or the laws and regulations of the State of South Dakota. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

3.8.4

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the District.

3.8.5

All excavations required for the installation of a building sewer shall be by open trench unless otherwise approved by the Superintendent. No backfill shall be placed until the work has been inspected by the Superintendent. Backfill shall be compacted to a density at least equal to that of the adjacent subgrade.

3.8.6

All sewer facilities including collection systems within the District, and the design and construction thereof, shall first be approved by the District before construction thereof shall be commenced.

3.8.7

All sewer facilities must be located within a dwelling or structure which is on a permanent foundation or otherwise permanently anchored. No mobile units or recreational vehicles shall be connected to the wastewater lines of the District, except within approved or licensed trailer parks, or as otherwise approved by both the District Board and either the Lake County Commission or the City of Brant Lake, whichever has jurisdiction.

3.9 Notification for Inspection

The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent or his representative.

Chapter 4: Prohibited and Authorized Uses of Public Sewer

4.1 Storm Water and Drainage Permitted

Storm water and other unpolluted drainage may be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.

4.2 Storm Water Discharge Permitted Under Special Circumstances

Storm water runoff from limited areas, including storm water which may be polluted at times, may be discharged to the sanitary sewer by explicit permission of the Superintendent. Such permission may be granted for no more than 24 hours in circumstances which are deemed as critical by the Superintendent. Discharges of such water which are required for more than 72 consecutive hours must be approved by an Emergency Meeting of the Board of Trustees.

4.3 Discharge Permitted in Limited Quantities

The following described substances, materials, waters, or waste shall be limited in discharges to sanitary sewer systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance.

The Superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the Superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows:

4.3.1

Wastewater having a temperature higher than 150° Fahrenheit (65° Celsius).

4.3.2

Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

4.3.3

Wastewater from industrial plants containing floatable oils, fat or grease.

4.3.4

Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from home, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

4.3.5

Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Superintendent for such materials.

4.3.6

Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Superintendent.

4.3.7

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

4.3.8

Quantities of flow, concentrations, or both which constitute a “slug” as defined herein.

4.3.9

Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

4.3.10

Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to the structures and treatment processes.

4.4 Prohibited Discharge

No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:

4.4.1

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

4.4.2

Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any public system, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works.

4.4.3

Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.

4.4.4

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

4.5 Powers of the Superintendent to Oversee and Limit

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics which in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

4.5.1

Reject the wastes;

4.5.2

Require pretreatment to an acceptable condition for discharge to the public sewers;

4.5.3

Require control over the quantities and rates of discharge, and/or

4.5.4

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of the District’s ordinances.

When considering the alternatives to allowing discharges, the Superintendent shall give consideration to the economic impact of each alternative on the discharger. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent.

4.6 Interceptors Required

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by owner’s personnel must be performed by currently licensed waste disposal firms.

4.7 Safe Operation and Maintenance Required

When required by the Superintendent, the owners of any property serviced by a building sewer carrying industrial wastes, and the owners of any property where pretreatment and/or flow-equalizing facilities are required shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. Required structures shall be installed by the owner(s) at their expense, and shall be maintained by them so as to be safe and accessible at all times.

4.8 Requirement to Provide Compliance Information

The Superintendent may require a user of sewer services to provide information needed to determine compliance with this ordinance. Any measurement, test, and/or analysis herein required shall be in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Superintendent. These requirements may include:

4.8.1

Wastewaters discharge peak rate and volume over a specified time period;

4.8.2

Chemical analyses of wastewaters;

4.8.3

Information on raw materials, processes, and products affecting wastewater volume and quality;

4.8.4

Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control;

4.8.5

A plot plan of sewers of the user’s property showing sewer and pretreatment facility location;

4.8.6

Details of wastewater pretreatment facilities.

4.8.7

Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

4.9 Board Authorized Special Agreements

No provision in this Chapter shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment.

4.10 Utility Floor Drain Exception

The owner of a building used only for storage purposes and which does not have a water hookup or flush toilet facilities therein may install in that building a floor drain which is connected to an approved holding tank outside the building. The holding tank and installation thereof shall be approved by the Superintendent prior to installation. The floor drain shall be connected directly to the holding tank and the holding tank shall not be connected to the public sewer of the District, nor to a private drain field.

4.11 Unlawful to Damage

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person violating this provision will be charged with disorderly conduct.

Chapter 5: Connection Fees and Charges

5.1 Residential Users Connection Fees

Property owners defined as “Residential Users” shall pay a connection fee in the sum of $23,000 for one connection to the wastewater system, which shall include the grinder pump and necessary infrastructure, and $1,000 for additional connections to the wastewater system on the same or adjacent property, not separated by a roadway, as a single connection. The installation of the grinder pump package and necessary infrastructure shall be done by a contractor or contractors approved by the District at the owner’s expense.

5.2 Non-Residential Users Connection Fees

Property owners defined as “Non-Residential Users” shall pay a connection fee in the sum of $23,000, plus $800.00 per dwelling unit for one connection to the wastewater system, which shall include the grinder pump and necessary infrastructure, upon connection to the wastewater system. The installation of the grinder pump package and necessary infrastructure shall be done by a contractor or contractors approved by the District at the owner’s expense.

5.3 Connection Fees Separate from Other Fees

Every property owner connected to the wastewater system shall be responsible for payment of monthly operation and maintenance charges to the District from and after the time when the property owner is connected thereto which charges shall be fixed and determined by the District. Connection Fees constitute a separate charge from the District and do not cover, eliminate, or replace any other fees levied by the District.

Chapter 6: User Fees and Payment Options

6.1 General Purpose of Recurring Fees and Charges

The District imposes recurring fees and charges in order to generate sufficient revenue to pay the costs of operating and maintaining the District’s wastewater system; to pay most of the costs of administering the District’s governance and oversight; and to pay the costs of servicing and retiring the debts of the District.

Fee Revenues levied by the District are generally expected to be sufficient to eliminate most, if not all, taxes levied by the District upon real property within the District.

Additionally, user rates set by the District are structured to charge users primarily for the right and privilege of accessing and using the District’s wastewater system. Other than a few exceptions, fees are not adjusted to reflect volume fluctuations in sewer usage caused by seasonality or variability in water purchases. The District has determined that almost all costs for the District are fixed, not variable and thus fees are structured to be steady as well.

6.2 Rate Setting Philosophy / Methodology

The District shall determine the Total District Costs of operations, maintenance and financing of the wastewater system which are necessary to maintain the capacity and performance of the system during the service life of the treatment works for which such works were designed and constructed. The Total District Costs shall include but need not be limited to labor, repairs, equipment replacement, maintenance, modifications, power, sampling, laboratory tests, debt retirement including the payment of principal and interests as determined by authorized debt or bond agreements, capitalization of depreciation for future expected replacement, regulatory oversight, and the establishment of a reasonable contingency fund. Rates will be set in order to guarantee that user fees are sufficient to cover the majority of these Total District Costs.

6.3 Service Site Definitions for Determining Fees

Sewer System users are charged recurring fees based on the type of service site that best defines the user’s property or business. For any dispute as to the definition of a property within the context of this ordinance, the Board will have final say as to how a property will be classified. Types of service sites include the following…

6.3.1 “Basic Service Sites”: are classified as single family dwellings, individual condominium and twin home units with separate and individual entrance and exit doorways for each unit, stand-alone utility buildings with toilet facilities, individual business and/or residential units within multi-purpose structures with separate and individual entrance and exit doorways for each unit, individual mobile home units, or individual camper trailers or motorized camper units with bathroom facilities that are located within the boundaries of the District and used for human occupancy for more than 10 days per year, with no distinction made for seasonal versus year-around usage or habitancy.
6.3.2 “Industrial Service Sites”: are classified as factories, production facilities, agricultural processing facilities, or similar commercial properties that produce significantly higher levels of water and sewage waste than a typical household user. The District, or its Engineer, has determined that the average total suspended solids (TSS) and 5-day biochemical oxygen demand (BOD) daily loadings for the average Basic Service Site are 200 parts per million (ppm) BOD and 250 ppm TSS. The District may assess a surcharge rate for all Industrial Service Sites discharging wastes with BOD and TSS strengths greater than the average of the highest 10% of all Basic Service Site Accounts. The surcharge shall be sufficient to cover the costs of treatment of such Industrial Site’s above normal strength wastes. The District may also assess a separate surcharge for Industrial Service Sites based on metered waste volume discharged to the wastewater system. The waste volume for establishments without waste flow metering installations may be based on metered water consumption, estimates prepared by the District, or methods as determined by the District. The District, or its Engineer, has determined that the average or normal volume for Basic Service Sites is 10,000 gallons per month. Industrial level usage would be considered average water volumes in excess of 40,000 gallons per month.
6.3.3 “Restaurant Service Sites”: shall be any type of establishment, licensed by the State of South Dakota, and offering food and beverage for sale to the public.
6.3.4 “Multiple Unit Service Sites”: shall be any location or building that shares a common infrastructure supporting multiple habitation units including, but not limited to, apartment buildings without separate exterior entrances for individual units, licensed campgrounds, hotels, and motels. For developments, locations, or buildings where application of this definition is unclear, individual habitation units will be considered as “Basic Service Sites”, unless otherwise determined by the Board.
6.3.5 “Bathroom Only Service Sites”: are stand-alone buildings or structures used solely for the purpose of providing bathroom facilities for the public whether they be located in public parks, public access areas, or business locations. If multiple bathroom structures are adjacent to one another on the same property, such as separate structures for individual toilets, they are to be considered as one service site. Portable toilet facilities that are provided and set in place upon a property for less than seven consecutive days and less than 15 days within a calendar year are exempt from this definition. Portable toilet facilities that are provided and set in place upon a construction site and are solely for the use of construction workers are exempt from this definition for a maximum of 180 consecutive days.
6.3.6 “Auxiliary Service Sites”: are classified as secondary buildings which are not used for human occupancy as defined in Ordinance No. 4 or for commercial activities other than storage, and which have installed toilet facilities. Only those secondary buildings that are legally permitted and zoned and are located on the same lot — as defined by legal plats on file with the Lake County Register of Deeds — as a primary Unit of any other type as defined in this Section are classified as Auxiliary Units.

6.4 Standard Wastewater User Fees, Rates, and Charges

The total charges for any Service Site located within the District will be a combination of individual fees calculated to cover specific costs or financial obligations of the District. The fees of the District are as follows:

6.4.1 “Sewer Operations Fee”: — $105 per quarter.
6.4.2 “Capital Equipment Reserve Fee”: — $59 per quarter.
6.4.3 “Construction Debt Service Fee”: — $98 per quarter.
6.4.4 “Judgment Debt Service Fee”: – $393 per quarter. In accordance with the provisions of Section 3.3 of Resolution 2021.06A, passed by the Board on June 24, 2021, and as provided in SDCL 9-26-27, all revenues generated by the Judgment Debt Service Fee shall be deposited into the Debt Service Fund established for the payment of the Series 2021 bonds authorized by Resolution 2020.06A. The Board shall deposit these fees to other funds of the District, as determined by the Board, if the balance in the Debt Service Fund is sufficient to pay the following year’s principal and interest on the Series 2021 bonds without the levying of an annual ad valorem tax upon the property of the District.
6.4.5 “Auxiliary Service Site Fee”: — $90 per quarter. Notwithstanding other provisions of the ordinances of the District, this fee will not be charged until the Board activates this fee by motion or resolution at a legally convened meeting of the Board.
6.4.6 “Unit Charge Fee”: — $90 per quarter. The Unit Charge Fee is intended to be approximately one half of the standard Sewer Operations Fee plus the standard Capital Equipment Reserve Fee. The reduced charge is offered in recognition of billing and infrastructure efficiencies inherent in Multiple Unit service site structures and developments. This Fee is to be discounted in 2024 to $76 per quarter and will be re-set to the full $90 fee beginning in calendar year 2025.
6.4.7 “Restaurant Surcharge Fee”: — $150 per quarter.

6.5 Fees Charged for Specific Service Sites

The All Service Sites shall be charged and billed quarterly. Service sites will be charged the following standardized fees. The Board is not required to detail each of these fees separately on invoices, statements, or ACH withdrawals, but may do so at the Board’s sole discretion. Specific fees to be charged are as follows:

6.5.1 Basic Service Sites

shall be charged the following fees each quarter:

Sewer Operations Fee
Capital Equipment Reserve Fee
Construction Debt Service Fee
Judgment Debt Service Fee

6.5.2 Restaurant Service Sites

shall be charged the following fees each quarter:

Sewer Operations Fee
Capital Equipment Reserve Fee
Construction Debt Service Fee
Judgment Debt Service Fee
Restaurant Surcharge Fee

6.5.3 Multiple Unit Service Sites

shall be charged the following fees each quarter:

Construction Debt Service Fee
Judgment Debt Service Fee
One Unit Charge Fee for each of the units, camping pads or spaces, motel rooms, separate business spaces, or similar individual habitation spaces with the Multiple Unit Service Site. This Unit Charge is applicable even if an apartment unit, camper pad, motel room, or business space is not rented or occupied. Likewise, this Unit Charge is applicable even if a camping unit does not utilize water, bathroom, or sanitary service facilities.

6.5.3.1

The owner or manager of a campground, motel, hotel, business complex or other multi-unit structure or development may deactivate a camping pad, motel room, retail space or other similar space if the space is to no longer be made available for rental, lease, or other habitation. To deactivate one or more units within a Multiple Unit Service Site, the District Superintendent shall guarantee that any connection, direct or indirect, to sanitary sewer services is removed or disabled. Once deactivated the unit or space will not be assessed a charge.

6.5.3.2

A deactivated unit, camping pad, motel room, retail space or other similar space may be re-activated, if the Multiple Unit Service Site is current in all payments to the District, for a reactivation fee of $500. Upon reactivation, the District Superintendent shall inspect the sanitary sewer connection to make sure that all quality and safety standards are met and to assist, if necessary, with reconnection.

6.5.3.3

An independent dumping station designed for campers, motorhomes, and other portable dwelling units to empty sewage retention tanks is considered to be a Basic Unit and will be assessed a charge of $275 per quarter. The District may require an approved cover on any dump station located in a fee-for-use campground.

6.5.4 Bathroom Only Service Units

shall be billed and assessed as frequently and to the extent determined by a duly passed resolution of the Board.

6.5.5 Industrial Service Units

shall be billed and assessed as frequently and to the extent determined by a duly passed resolution of the Board.

6.5.6 Auxiliary Service Sites

shall be charged quarterly an Auxiliary Service Site Fee. For billing, payment, and assessment purposes, and in compliance with the definition of an Auxiliary Service Site as outlined in these Ordinances, this charge will be assessed as a surcharge on the account to which the Auxiliary Service Site is physically connected.

6.5.7 Storage Only Facilities

that are separate structures, used for storage purposes only, will not be charged any fees by the District.

6.5.8 Floor Drain Only Units,

as defined in Chapter 4, Subsection 4.10, that are separate structures with running water, which are not used for human occupancy and have no flushing toilets, and which are legally and properly connected to the primary structure’s grinder pit, will not be charged any fees by the District.

6.5.9 Mobile Structures,

such as a camper trailer, motorized recreational vehicle, etc. that are parked within the boundaries of the District, and which are used for human occupancy, sleeping, employment, or commerce no more than 10 days per calendar year, will not be charged any fees by the District.

6.5.10

Any Service Unit which is activated for the first time after October 1, 2021, and which has been charged and has paid an activation fee of $23,000 which was in effect as of October 1, 2021, shall be exempt from paying the quarterly Judgment Debt Service Fee as defined in this Chapter.

6.6 Standard Method of Payment

Standard method of payment for fees charged by the District is by ACH bank transfer directly from the bank account of a Service Site’s responsible party to the District’s Accounts Receivable bank account. These ACH bank transfers will be initiated by the District no earlier than two weeks before the due date, and no later than the due date as established in this Ordinance for each account. The Board, at its discretion, may, but is not required to, provide quarterly invoices and statements via paper copy, electronic transmission, or on-demand online access. The Board may establish a fee for any method of transmitting invoices and/or statements that incurs charges or costs for the District. Such fee will be sufficient to recover the costs that are incurred.

6.7 Non-Standard Payment Method Surcharges

The responsible party for a Service Site Account may choose to pay their fees and assessments by check, money order, or cash. A $30 per quarter surcharge will be assessed against any Service Site Account for which a payment method other than ACH transfer, credit card payment, or debit card payment is utilized. Auxiliary Service Sites which are associated with a primary Service Site will not be charged a separate $30 surcharge.

6.8 Rejected ACH Transfers

If a responsible party has authorized ACH payments, but such ACH transfers are rejected or invalidated, either by the District’s bank or the Responsible Party’s bank, the associated Service Site Account will be assessed a $30 per quarter surcharge. Additionally, future ACH payment authorization will be revoked and a $30 per quarter surcharge will be assessed against the associated Service Site Account unless and until ACH payment is again requested and authorized.

6.9 Credit Card Payments

The Board may, at its discretion, authorize the payment of charges by credit card or debit card. A surcharge covering all bank transaction and interchange fees will be invoiced to any account paying by credit card or debit card. If payment by credit card or debit card requires manual verification of receipt and entry of payment, a $30 per quarter surcharged will also be assessed against the Service Site Account.

Chapter 7: Billing Cycle Schedules, Due Dates, and Delinquencies

Routine Sewer Charges shall be assessed on the first day of each quarter of the calendar year – January, April, July, and October. Special one-time charges shall be assessed as soon as they are deemed necessary.

The District, at its sole discretion, may send an electronic and/or paper billing statement to each customer who has not agreed to or is not eligible for making payments via automatic bank transfer. Said statements will be sent no later than the fifteenth day of the first month of each calendar quarter – January 15^th, April 15^th, July 15^th, and October 15^th.

Routine Sewer Charges that are unpaid by the last day of the second month of each quarter – February 28^th or 29^th, May 31^st, August 31^st, or November 30^th — shall be assessed a late fee of $60 for that quarter in which the delinquency occurs, and a like amount each quarter thereafter for which said billing remains all or partially unpaid.

Any bill for sewer services which is not paid when due shall be delinquent. Delinquent bills will be collected in accordance with State law. The District may require a deposit from the owner of any delinquent sewer Unit to guarantee future payments of sewer bills.

7.1 Responsible Parties

Any person – whether it be the owner, a tenant, or a third party — who has been identified as the responsible party for paying the sewer charges for a property on the first day of each calendar quarter when those charges are assessed is responsible for the entire quarterly charge even if the responsible party changes during the quarter for which charges have been applied.

7.2 Transfer of Responsibility

The Responsible Party must notify the District in writing at least 3 business days prior to the first day of the quarter if responsibility for the account is to be transferred to another party. Notification must include the name of the new responsible party, a contact or billing address, and either an email address or phone number for the new responsible party. The new responsible party must be fully aware and willing to accept responsibility for payment of sewer fees for this notification to be valid.

If the responsible party fails to notify the District as required by this Ordinance, the responsible party will remain liable for charges applied to the account.

If both a former and/or newly assigned responsible party fail to pay the service charges and other fees that have been assessed by the District, the current owner of the property for which charges are unpaid will become responsible for said fees, regardless of when ownership of the property was assumed, regardless of whether the owner used or accessed the sewer services on the property, and regardless of whether the owner of the property was or ever has been designated as the responsible party.

7.3 Disconnection Authorized Upon Delinquency

If the owner of the property for which charges are unpaid fails to pay all outstanding charges for a period of six months or more, the Superintendent, at his or her sole discretion, may disconnect sewer services and remove equipment owned by the District from the property. Reconnection of services to the property will then be subject to reconnection fees in effect at the time of reconnection. In the event of a disconnection, the owner of the impacted property will be responsible for, and the District will bear no responsibility for, any costs incurred directly or indirectly by the disconnection, including but not limited to costs associated with the property being condemned as uninhabitable, the loss of use of the property, personal injury, property damage, and costs associated with reconnection of sewer services.

7.4 Assessment of Delinquent Amounts on Property Taxes

On July 1^st of each year, if accumulated and delinquent charges against a property exceed an amount equal to three quarterly sewer fee assessments, and if the Superintendent has decided not to disconnect services to the property, the Board or its contracted financial or operations manager, may execute a process of assessing past due amounts against the property taxes of the property upon which charges have accumulated, as prescribed by South Dakota law. In order to assess property taxes for these delinquent amounts, the Board or its contracted financial or operations manager will complete the following steps…

7.4.1

The total amount of delinquent charges, including late fees and special assessments will be calculated.

7.4.2

This delinquent amount, along with an accurate and sufficient description of the property against which the amount has been assessed, will be communicated to the Lake County Auditor within 30 days, along with the instructions that the amount should be assessed against the property taxes of the property in question.

7.4.3

The delinquent amount which is to be added to the property tax assessment by the County Auditor will then be credited against the Accounts Receivable account of the property and will no longer be subject to the collection and payment processes outlined for current accounts.

7.4.4

Any amount that has been assessed against the property as of July 1^st which is deemed to be a “current charge” will not be included in the amount to be assessed against taxes and will continue to be the responsibility of the designated Responsible Person for the account.

Chapter 8: Prepayment Discount Programs

The Board, at its discretion may design, advertise, offer, and execute Prepayment Discount Programs whereby future account credits may be purchased for a Service Site at a discounted rate. Participation in these programs is to be voluntary. The amount of prepayment required to participate in these programs, as well as the amount, frequency, quantity, and timeframe of discounts to be granted are to be determined by the Board.

8.1 Signed Acknowledgment or Agreement Required

For enrollment in a Prepayment Discount Program to be effective, the required upfront payments must be received prior to the deadlines set by the Board, and the Board or its authorized representative must acknowledge participation of the enrolled Service Site in writing, with that acknowledgement delivered to the owner of the property where the enrolled service site account is located, the responsible party for the Service Site Account at the time the prepayment is made, and/or the individual making the payment to the District. The acknowledgement must include an early pay-off schedule that details how much of a refund or credit will be issued to the Service Site Account if the Board decides to discontinue future discounts earlier than indicated by the Board at the time any such program is initiated.

8.2 Early Debt Retirement Rebates

The Board may, at any time and entirely at its discretion, choose to terminate a Service Site Account’s participation in a Prepayment Discount Program. If an early termination is made, the Board will credit the Service Site Account with a refund as outlined in the pay-off schedule that will be included in the enrollment acknowledgement required in Section 8.1. The Board, at its sole discretion, may either apply the refund as a lump sum credit to the Account or make a payment to the owner of the property at the time the program is terminated.

8.3 Ownership of Discounts and Refunds

For all provisions of a Prepayment Discount Program, it is the Service Site Account that is to be considered as “enrolled” in the programs. No other person or interested party may lay claim to payments, discounts, refunds, or credits, provided by and/or granted in connection with these programs. Previous property owners, former responsible parties, and/or individuals or groups that have made enrollment payments as required for participation in the Prepayment Discount Programs shall retain no rights associated with the program. At all times, discounts and refunds will always be granted to the property owner of record where the Service Site Account is located at the time and date that any discounts, refunds, or payments are made. By separate agreement, a property owner may assign their rights to a third party designated as the responsible party for the Service Site Account; however, that assignment remains in effect only so long as the owner continues to be the owner of record.

8.4 Credits Resulting in Negative Account Balances

If future rates are amended to be less than the discounts that have been offered by the Board, the applicable discounts will not be limited in any way to the rates charged. Any discount larger than the rates charged by the District will result in a credit balance for the Service Site Account and the Board will issue a cash refund to zero out the account balance.

Chapter 9: Emergency Powers and Response

9.1 Emergency Mitigation Efforts Required

During an Emergency or prior to an Anticipated Emergency, the District shall initiate, enact, complete, maintain, and enforce any Mitigation Efforts deemed effective, prudent, and/or necessary for minimizing damages to District Infrastructure and minimizing the District’s costs of responding to the Emergency or Anticipated Emergency. Mitigation Efforts may include, but are not limited to, the removal of District Infrastructure, the construction of Mitigation Infrastructure, the construction of temporary infrastructure, the installation of temporary equipment, dirt work and grading, the disconnection or shut-down or District Infrastructure, the temporary discontinuation of sanitary sewer services, and so on.

9.2 Emergency Mitigation Efforts Required

A situation or event may be deemed as an Emergency or Anticipated Emergency by an action of the Board or by decision of the District Superintendent. No formal notification of residents or property owners impacted by the determination of an Emergency or Anticipated Emergency is required in advance of such determination; however, reasonable efforts will be made by the District to inform impacted residents and property owners after such determination has been made.

9.3 Emergency Notifications to be Attempted

The District shall make reasonable efforts to inform impacted residents and property owners of the Mitigation Efforts that will be initiated or have been initiated in response to the Emergency or Anticipated Emergency. The District will make reasonable efforts to avoid unnecessary hardship for residents and property owners prior to, during, and after the Emergency or Anticipated Emergency. However, the District is not liable for costs or damages – either direct or indirect – incurred by residents or property owners as a result of Mitigation Efforts taken by the District.

9.4 Public Cooperation and Access Required

Residents and property owners shall permit all Mitigation Efforts undertaken by the District to be completed in a timely and urgent manor as required by the Emergency or Anticipated Emergency. Residents and property owners shall permit access to District Infrastructure, homeowner installations and property, and Sewage System equipment as necessary to successfully and efficiently complete all Mitigation Efforts.

9.5 Penalties for Non-Cooperation or Obstruction of Emergency Efforts

Failure to allow the District’s Emergency Personnel or other District staff, vendors, and agents to complete Mitigation Efforts shall result in the following penalties and liabilities…

9.5.1

A $1000 penalty will be assessed against the property owner or resident’s Sanitary Sewer System Account associated with the property upon which Mitigation Efforts were impeded; and/or

9.5.2

Any costs incurred by the District in repairing, replacing, reinstalling, or modifying District Infrastructure due to the Emergency or Anticipated Emergency will be assessed against the property owner or resident’s Sanitary Sewer System Account associated with the property upon which Mitigation Efforts were impeded, in compliance with the laws of South Dakota; and/or

9.5.3

Delinquencies in paying the penalty or costs incurred by the District will be assessed against the property and added to property tax payments required by the county in compliance with South Dakota Codified Laws.

9.6 Costs of Emergency Mitigation Efforts Born by the District

The costs of undertaking and completing Mitigation Efforts will be paid by the District.

9.7

Following an Emergency or Anticipated Emergency, the Superintendent will submit to the Board an “After Action Review” report detailing…

9.7.1

Damage sustained by the District during the Emergency or Anticipated Emergency;

9.7.2

An estimate of damages avoided by Mitigation Infrastructure in place;

9.7.3

Recommendations for changes and modifications to be made to the District’s Mitigation Infrastructure Master Plan, if such a plan has been developed;

9.7.4

Recommendations for designating additional properties as High Risk Properties;

9.7.5

An overview of Mitigation Efforts undertaken during the Emergency or Anticipated Emergency;

9.7.6

An estimate of damages avoided by Mitigation Efforts that were taken;

9.7.7

Notable impediments, if any, encountered when undertaking Mitigation Efforts;

9.7.8

Feedback or suggestions made by residents and stakeholders within the District;

9.7.9

Recommendations for amendments to the ordinances of the District;

9.7.10

Any other notable observations, conclusions, or recommendations

Chapter 10: Emergency Response and Powers

10.1 Declaration of High Risk Properties

The Board may, at its discretion, designate individual or multiple properties within the Brant Lake Sanitary District boundaries as High Risk Properties. The Board’s decision as to whether a property is to be designated a High Risk Property is final and is at the sole discretion of the Board. However, the Board shall consider historical patterns of property damage, land elevations, cost of District Infrastructure to be protected, estimated costs to the District of Mitigation Infrastructure, estimated costs to the District of Mitigation Efforts, recommendations from the District Superintendent, and recommendations from FEMA and other federal and state agencies in making such declarations.

10.2 Proposals for Risk Mitigation Infrastructure

If requested by the Board of Trustees, the Superintendent shall submit a recommendation as to Mitigation Infrastructure that could potentially be installed or constructed in order to avoid or reduce the risk of future damage to District Infrastructure. Mitigation Infrastructure may include, but is not limited to, pump pit extension sleeves, natural drainage ways or flood berms, special pumping equipment, and so on. Upon consideration of the Superintendent’s recommendations, the Board may determine, at its sole discretion, whether and which recommendations for Mitigation Infrastructure are considered essential and should be scheduled for future installation.

10.3 Construction and Installation of Mitigation Infrastructure

At the discretion of the Board, and subject to financial and operational feasibility, the District may install and construct Mitigation Infrastructure that has been determined to be essential. Initial costs of installing or constructing Mitigation Infrastructure will be paid by the District and all Mitigation Infrastructure will remain the property of the District. Routine maintenance or replacement of Mitigation Infrastructure will be performed at the discretion of the District and will be paid by the District.

10.4 Property Owners Required to Permit Mitigation

Residents and property owners shall permit the construction or installation of Mitigation Infrastructure determined by the Board as essential for the protection of the District’s assets. Residents and property owners shall permit access to District Infrastructure, homeowner installations, homeowner property, and Sewage System equipment as necessary to complete Mitigation Infrastructure installation, maintenance, and repairs. The District shall make reasonable efforts to minimize inconvenience to residents and property owners during the construction or installation of the Mitigation Infrastructure.

10.5 Penalties For Obstruction or Failure to Permit Installation

Failure to allow the District’s Emergency Personnel or other District staff, vendors, and agents to install or construct Mitigation Infrastructure shall result in the following penalties and liabilities…

10.5.1

A two hundred dollar ($200) per month penalty from the date a resident or property owner is first notified of pending construction until the Mitigation Infrastructure is completed; and/or

10.5.2

Any costs to replace or repair damage to District Infrastructure that could have been minimized or avoided by Mitigation Infrastructure that would have been constructed or installed had the residents or property owners complied with the requirements of Section 9.4 will be the responsibility of the property owner of the High Risk Property impacted.

10.6 Damage or Removal of Mitigation Infrastructure Prohibited

Any unauthorized removal, damage, destruction, or impediment to the operation or function of Mitigation Infrastructure is prohibited. Any costs incurred by the District to repair, replace, reinstall, or modify Mitigation Infrastructure as a result of abuse, misuse, or unauthorized actions by residents, property owners, or guests will be the responsibility of the property owners of the High Risk Property upon which the Mitigation Infrastructure was located or for which the Mitigation Infrastructure has been placed in service. Additionally, the following penalties and liabilities will be applied…

10.6.1

A two hundred dollar ($200) per month penalty from the date that Mitigation Infrastructure has been removed, damaged, destroyed, or impeded until the Mitigation Infrastructure has been returned to its original condition shall be assessed against the impacted High Risk Property and payable by the owner of the property; and,

10.6.2

Any costs to repair damage to District Infrastructure that could have been minimized or avoided by Mitigation Infrastructure that has been removed, damaged, destroyed, or impeded through unauthorized actions of residents or property owners shall be assessed against the impacted High Risk Property and payable by the owner of the property.

10.7 Failure to Pay Penalties for Damages to Mitigation Infrastructure

Delinquencies in paying the penalty or costs incurred by the District due to the unauthorized damage, removal, or impediment of Risk Mitigation Infrastructure will be assessed against the property and added to property tax payments required by the county in compliance with South Dakota Codified Laws.

10.8 Collaboration to Avoid Damage to Property Encouraged

During the installation, construction, repair, or replacement of Mitigation Infrastructure, residents and/or High Risk Property owners may submit a request to the Board and/or the Superintendent to collaborate with the District for the installation of non-District-owned infrastructure intended to protect the resident’s or property owner’s real or personal property. No District funds may be expended for the personal benefit of a property owner or resident; however, the District shall make a good-faith effort to assist when and where possible if collaboration with the District can either reduce the personal costs incurred by the property owner or resident or improve the effectiveness of individually owned infrastructure designed to protect personal and real property. The feasibility of each request will be considered by the Board of the Superintendent on an individual basis.

Chapter 11: Delegation of Office & Operations Management

11.1 Delegation of Management and Oversight Responsibilities Allowed

The Board may, at its sole discretion, appoint individuals or organizations to whom management and oversight responsibilities of the District will be delegated and assigned. The Board may assign any responsibilities normally reserved for or executed by the Board which are not expressly prohibited from being delegated by South Dakota State Law or which do not specifically require elected Trustee action to execute. Responsibilities that may be delegated include, but are not limited to…

11.1.1

the approval and paying of operational expenses such as supplies, utilities, salaries or payments to independent contractors, rental agreements, equipment purchases, publishing fees, minimal professional services such as charges from plumbers or surveyors, and other incidental expenditures required for the operation of the sanitary sewer system;

11.1.2

the oversight and management of financial records including, at a minimum, the annual reporting of assets, liabilities, equity, and cash flow of the District;

11.1.3

the signing of checks required to fulfill duties authorized by this ordinance and the reconciliation of the District’s bank accounts with actual expenditures and with the District’s financial records;

11.1.4

the oversight and management of the District’s Accounts Receivable process including, but not limited to, the preparation of account statements, the receiving of payments from District members / customers, the assessing of charges and fees as outlined by the District’s ordinances,

11.1.5

the management of secured debt contracts including the payment of principal and interest required by said contracts;

11.1.6

the payment of costs and expenses of Superintendent services required for the effective and efficient management of the District’s sanitary sewer system;

11.1.7

the maintenance of data files, either paper or electronic, necessary for the efficient operation of the sanitary sewer system;

11.1.8

the completion and submission of regulatory paperwork necessary for compliance with contractual agreements and/or state and federal agencies; and,

11.1.9

miscellaneous or incidental issues required for the management of support functions required to keep the sanitary sewer system functioning for the health and safety of the public.

11.2 Employment or Contract Terms Determined by the Board

If the Board chooses to delegate one or more responsibilities to individuals or organizations as allowed in Section 11.1, the Board may decide by resolution or by an approved motion all aspects of employment and/or all contract provisions that are required including, but not limited to…

11.2.1

the specific and/or general tasks that are to be delegated;

11.2.2

the amount and terms of paying compensation for the services assigned,

11.2.3

the official titles that will be given to the individuals or organizations to whom tasks have been delegated,

11.2.4

and any other contractual or employment parameters deemed necessary.

11.3 Assignability and Renewability of Contracts

If contracting for these services, the Board may determine, at its discretion, additional contract requirements or provisions as it determines to be in the best interest of the District. If contracting for these services, the Board may include an assignability clause which allows the contracting individual or organization to assign the rights, privileges, and responsibilities of the contract to a qualified successor, without the explicit consent of the Board. Any contract entered into by the Board for delegated responsibilities must include a clause enabling the District to exit the contract without reason and at any time with or without notice.

11.4 Bonding and Insurance

The Board will guarantee that the Operations Manager is bonded and insured against misfeasance, malfeasance, and nonfeasance either by requiring said coverage to be provided by the contractor or by providing such coverage on behalf of the contractor.

11.5 Suspension of Board Meeting Permitted

If the Board has delegated all routine and necessary functions for the ongoing and efficient operation of the District, including all operational and financial tasks, the Board is not required to meet on a regular basis unless and except to take actions that are required by South Dakota State Law and/or to execute decisions and actions which specifically require affirmative action of the elected Board.