city council agenda23cb10f0... · members of the ambulance committee, made recommendation to the...

CITY COUNCIL AGENDAFebruary 4, 2019

Council Chambers - 6:00 p.m.

AGENDA: 1) Call to Order and Pledge of Allegiance.

2) Roll Call and Determination of Quorum.

3) Approval of Agenda.

4) Approval of Minutes:

a) January 17, 2019 Briefing Meeting.

b) January 21, 2019 Regular Meeting.

5) Approval of Claims.

VISITORS

& TIMED ITEMS: 7) Visitors and Timed Items:

a) Public Comment.

b)

OLD BUSINESS 8) Second Reading of:

a) Ordinance #577: Wastewater Ordinance Revisions.

b) Ordinance #575: Clear Water Connections.

COMMITTEE REPORTS 9) Golf Course Committee Report.

10) Police Committee Report.

a) Police Department Report

b) Fire Department Report.

c) Inspection Department Report.

d) Fire Department Contract.

e) Contingency Offer to Police Chief Candidate.

11) Park & Recreation Committee Report.

a) Work Report.

b) Request from Gypsy Trading Company to Hold a McHardy Market in

McHardy Park on April 19 & 20, 2019.

12) Administration Committee Report.

a) Personnel Committee Report.

- Revised pay scale.

- 15 year employee policy.

b) Employee Manual.

c) Fireworks Awareness Committee.

13) Street Committee Report.

a) Maintenance Work Report.

b) Safety on Holly Crosswalks.

14) Water and Sewer Committee Report.

a) Resolutions #06-19: Clear Water Connection Fee, (118).

b) Approval to advertise for bids for the Redwood and Aspen Boulevard

Water Main Looping Project. We will Advertise on February 13 and 20,

2019 with a bid opening date of March 6, 2019.

c) Consider Chemical Bids Received.

d) Grease Trap Inspection Program.

OTHER: 15) Any Other Business That May Come Before the Council.

a) Executive Session.

ADJOURNMENT:

Individuals in need of assistance in attaining access to the meeting, please contact City Hall within 24 hours of the meeting time for

special arrangements.

Those wanting to address the Council that do not appear on the agenda will be heard but limited to five minutes under Visitors and

Timed Items. Because of the twenty four hour public notice requirement, the Council reserves the right to delay any action requested

until a future meeting.

This meeting begins at 6:00 p.m. in the Council Chambers at 308 Main Avenue, Brandon, SD. This agenda is subject to change 24

hour prior to the meeting.

BRIEFING MEETING MINUTES The Brandon City Council met in a briefing session at 5:30 p.m. on Thursday, January 17, 2019 at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota. Present were Dana Clark, Barb Fish, Jo Hausman, Chuck Parsons, Tim Wakefield Jr and Mayor Paul J Lundberg. Others present were: City Administrator, Bryan H. Read; Finance Officer, Christina Smith; City Engineer, Tami Jansma; Police Chief, Dave Kull; Fire Chief, Robert Dykstra; Public Works Director, Rollie Hoeke and Park Superintendent, Devin Coughlin. Absent: Brett Bastian. The Council discussed items on the agenda for the upcoming January 21, 2019 regular Council meeting. No formal action was taken. At 6:13 p.m., hearing no further business, the meeting adjourned. ____________________________ ______________________________ Christina Smith Paul J. Lundberg Municipal Finance Officer Mayor

MINUTES The Brandon City Council met in regular session at 6:00 p.m. on January 21, 2019 in the Council Chambers at 308 S. Main Avenue, Brandon, South Dakota. Present were Brett Bastian, Dana Clark, Barb Fish, Jo Hausman, Chuck Parsons, Tim Wakefield Jr. and Mayor Paul Lundberg. Others present were: City Administrator, Bryan H. Read; Finance Officer, Christina Smith; City Attorney, Pat Knecht; City Engineer, Tami Jansma; Police Chief, Dave Kull and Public Works Director, Rollie Hoeke. Alderwoman Fish moved Alderman Parsons seconded to approve the agenda as amended. Motion carried. Alderman Parsons moved Alderwoman Clark seconded to approve the minutes of the January 3, 2019 briefing meeting and the minutes of the January 7, 2019 regular meeting. Motion carried. Alderwoman Hausman moved Alderwoman Clark seconded to approve the following claims. Motion carried. VENDOR DESCRIPTION AMOUNT Alliance Communications Utilities 2,412.32 Alternative HR Development Professional Services 3,254.75 AM & S Trucks Transit Bus Repairs 723.68 Argus Leader Media GC Supplies 24.00 Argus Leader Media Publications 3,074.88 Avera McKennan Hospital Health Screenings 2,051.50 Bogue Inc Park Equipment 11,100.00 Border States Electric Various Dept Supplies 804.59 Boyce Law Firm December Attorney Fees 7,666.00 C & R Supply Sewer Supplies 49.90 Century Business Products Govt Bldg Supplies 520.00 Century Business Products Copier Agreement 195.21 Champion Tree Service Tree Removal 600.00 Chesterman Company GC Rental 50.00 City of Sioux Falls Traffic Supplies 228.57 Clark Engineering Professional Services 4,773.76 Councilman-Hunsaker Splash Pad Study 5,640.00 Culligan Water Conditioning Utilities 60.00 Dakota Data Shred Govt Bldg Supplies 56.75 Dakota Supply Group Water Supplies 656.50 Dennis Olson January Premium 561.70 Direct Automation LLC Water Repairs 1,200.00 DirecTV Utilities 71.04 Ecolab Inc GC Rental 135.50 Galls Police Supplies 94.91 Govoffice LLC Annual Website Service 850.00

Grainger Sewer Supplies 449.85 Hansel Plumbing & Heating Water Repairs 148.32 Hawkins Water Treatment Water Supplies 2,268.42 IAPMO Training 160.00 John Grothe GC Refund 1,192.00 Marv's Sanitary Service Utilities 593.00 Matt Parrott & Sons Company Utility Supplies 447.01 MidAmerican Energy Utilities 2,879.26 Mid-State Organized Crime 2019 Dues 150.00 Midwest Alarm Company Professional Services 83.52 Mills & Miller Inc Street Supplies 5,595.04 Minnehaha County Register of Deeds Inspection Supplies 30.00 Palisades Oil Company Fuel 1,351.76 Presenta Plaque Corporation Govt Bldg Supplies 141.02 Reel Sharp GC Repairs 4,833.71 SD Arborists Association 2019 Dues 90.00 SD DENR Sewer Exam 10.00 SD DENR Stormwater permits 600.00 SD Department of Revenue December Sales Tax 5,931.02 SD One Call Utilities 19.04 SD Unemployment Ins Division 4th Qtr 2018 125.75 SDWWA Seminar Fee 120.00 SF Networks Professional Services 355.00 SF Rubber Stamp Works Finance Supplies 18.00 Sirchie Finger Print Labs Police Supplies 94.70 Soukup Construction Biosolid Project 36,700.43 Staples Advantage Various Dept Supplies 515.98 Stockwell Engineers Professional Services 93,779.40 Sure Test Professional Services 144.40 Townsquare Media SF GC Advertising 500.00 TranSource Truck Street Supplies 472.54 Xcel Energy Utilities 2,871.81 City Administration January 10, 2018 Payroll 3,824.10 Finance Officer January 10, 2018 Payroll 3,461.66 Government Buildings January 10, 2018 Payroll 129.29 Police January 10, 2018 Payroll 23,115.04 Building Inspections January 10, 2018 Payroll 3,195.05 Engineer January 10, 2018 Payroll 2,428.46 Street Department January 10, 2018 Payroll 5,254.73 Park Department January 10, 2018 Payroll 3,813.71 Chamber of Commerce January 10, 2018 Payroll 1,444.30 Water Department January 10, 2018 Payroll 7,403.01 Sewer Department January 10, 2018 Payroll 3,563.00 Golf Course Grounds January 10, 2018 Payroll 1,649.03 Golf Course Lounge January 10, 2018 Payroll 993.41 Golf Course Pro Shop January 10, 2018 Payroll 2,215.89 Golf Course Community Room January 10, 2018 Payroll 742.38 941 Payroll Taxes January 10, 2018 Payroll 20,131.18

Office of Child Support Enforcement January 10, 2018 Payroll 76.15 SD Retirement System Supplemental January 10, 2018 Payroll 1,087.50 TASC Flex Plan January 10, 2018 Payroll 1,373.77 Accounts Management January 10, 2018 Payroll 75.00 Direct Pay Reimbursement Direct Pay Reimbursement 435.73

Alderman Parsons moved Alderwoman Hausman seconded to approve the consent calendar which contained the following item: a plat of Lot 1A Block 12 Brandon Terraces. Motion carried. Jim Irby, 905 E. Maywood Street, was present for discussion on the ambulance standby fee on the agenda. Jim expressed that he is in favor of supporting the ambulance service that is currently operating in Brandon. Stuart Peschel, 212 E. Tabor Court, was present representing the Brandon Valley Baseball Association, to announce that they have been awarded the Class A State Legion Baseball Tournament for 2020. Kim Cerwick, Brandon Valley Area Chamber of Commerce, was present for discussion. Kim gave an update on happenings with the Chamber. ORDINANCE #577 Action delayed until the February 4, 2019 regular City Council meeting. ORDINANCE #575 Action delayed until the February 4, 2019 regular City Council meeting. OFFER LETTER TO NEW POLICE OFFICER The Golf Course Committee and Police Committee reports were heard. Alderwoman Hausman moved Alderman Parsons seconded to approve the job offer to Seth Blomgren, to fill the open police officer position. Motion carried. WAGE ADJUSTMENT Alderman Parsons moved Alderwoman Clark seconded to approve the following wage adjustments, to take effect on each employees anniversary date, Police Chief Dave Kull to $45.90 per hour and Police Officer Quentin Struble to $27.90 per hour. Motion carried. SOFTBALL ASSOCIATION MOU FOR BALLFIELD FENCES The Park & Recreation Committee report was heard. Alderwoman Fish moved Alderwoman Clark seconded to approve the memorandum of understanding between the City of Brandon and the Softball Association for changes to fencing on fields B, C, F and G at Aspen Park. Motion carried. PARKS DEPARTMENT EQUIPMENT PURCHASE Alderwoman Fish moved Alderwoman Hausman seconded to approve the purchase of the following equipment: a 16’ long dump trailer from Prairie Wind Trailers for $8,825.00; riding lawn mower

from Gillespie Outdoor Power Equipment for $19,842.05 and a boiler for the swimming pool from MC&R for $21,592.00. Motion carried. Company Bid Amount Trailer:

Prairie Wind Trailers, Elk Point $8,825.00 Luden’s Inc., Humboldt $8,915.00 Mower: Gillespie Outdoor Power Eq, Hartford $19,842.05 D&D Small Engine Repair, Lennox $20,350.00 Dakota Truck & Trailer, Sioux Falls $22,000.00 Boiler: MC&R, Sioux Falls $21,592.00 CONSIDER AMBULANCE STANDBY FEE The Administration Committee report was heard. Alderman Parsons & Alderman Bastian, members of the Ambulance Committee, made recommendation to the City Council to approve the agreement as presented. Alderwoman Clark moved Alderwoman Hausman seconded to approve the independent contractor ambulance agreement as presented, for a one year time period ending December 31, 2019 with Med-Star Ambulance in the amount of $49,999.00. Motion carried. RESOLUTION #05-19 TRANSFER OF FUNDS Alderman Parsons moved Alderman Bastian seconded to approve Resolution #05-19. A roll call vote showed Bastian, Clark, Fish, Hausman, Parsons, Wakefield aye. Motion carried.

RESOLUTION #05-19 WHEREAS, funds must be transferred to eliminate the negative cash balances. THEREFORE BE IT RESOLVED by the City Council of Brandon, South Dakota, that the following transfer of funds is approved as of December 31, 2018: Transfer From Transfer To Amount General Fund #101 Golf Course Fund #615 $270,270.93 General Fund #101 Sylvan Cir Proj#582 $117,328.35 BE IT FURTHER RESOLVED by the City Council of Brandon, South Dakota, that the following transfer of funds is approved in 2019 when the bonds are received for the Sylvan Cir Project. Transfer From Transfer To Amount Sylvan Cir Proj#582 General Fund #101 $117,328.35

Dated this 21st day of January, 2019. ______________________________ Paul J Lundberg, Mayor ATTEST: ______________________________ Christina Smith, Finance Officer (SEAL) 2018 BUILDING PERMIT TOTALS 2018 building permit totals and population estimates were presented. No action required. RESOLUTION #07-19 SOCIAL MEDIA POLICY Alderwoman Clark moved Alderman Parsons seconded to approve Resolution #07-19, with social media sites being approved by the City Administrator. A roll call vote showed Bastian, Clark, Fish, Hausman, Parsons, Wakefield aye. Motion carried.

RESOLUTION #07-19

RESOLUTION ADOPTING ADMINISTRATIVE SOCIAL MEDIA POLICY

WHEREAS, the City of Brandon has developed a Social Media Policy to set standards for the administration of City of Brandon social media sites. BE IT RESOLVED by the City Council of the City of Brandon, SD that the attached Administrative Social Media Policy is hereby adopted. Dated this 21st day of January, 2019. ______________________________ Paul J Lundberg ATTEST: Mayor

______________________________ Christina Smith Municipal Finance Officer (SEAL) RESIGNATION FROM JUDY MORFORD Alderman Parsons moved Alderwoman Clark seconded to accept the letter of resignation from Judy Morford, effective February 1, 2019. Motion carried. HIRE PART-TIME OFFICE STAFF Alderwoman Hausman moved Alderwoman Clark seconded to approve the hiring of Karen Keyser for the part-time office assistant position, at a wage of $13.50 per hour, starting January 28, 2019. Motion carried. FACEBOOK DISCUSSION Discussion was held on opening up the City of Brandon’s Facebook page for comments. It was the consensus of the Council to allow comments on the City of Brandon’s Facebook page. TERM LIMITS Alderman Wakefield discussed term limits, and if it’s something the City of Brandon should look into having. Alderwoman Hausman and Alderman Parsons felt it should be up to the voters to decide. No further action taken. RESOLUTION #04-19 SNOW-ICE REMOVAL FEE The Street Committee report was heard. Alderwoman Hausman moved Alderman Wakefield seconded to approve Resolution #04-19. A roll call vote showed Bastian, Clark, Fish, Hausman, Parsons, Wakefield aye. Motion carried.

RESOLUTION #04-19 WHEREAS, the Brandon City Council requires owners or occupants to keep sidewalks free from snow and ice accumulation throughout the City as stated in Ordinance #10-2-1; and WHEREAS, Ordinance #10-2-3 states: “If the owner or person in charge of the lot fails or refuses to remove the snow and/or ice from the sidewalks within twenty-four (24) hours after written notice has been posted on the property, the City shall have the snow and/or ice removed and charge the costs thereof against the abutting property the sum established by the resolution of City Council.”

BE IT RESOLVED by the City Council of the City of Brandon, Minnehaha County, South Dakota that a rate of $50.00 be assessed for the first or any part of the first hour and $50.00 an hour after the first hour in apportioned to time spent after the first hour. Dated this 21st day of January, 2019. ______________________________ Paul J Lundberg ATTEST: Mayor ______________________________ Christina Smith Municipal Finance Officer (SEAL) TRANSIT BUS AGREEMENT WITH THE STATE Alderman Parsons moved Alderwoman Hausman seconded to approve the agreement with the State for the Transit Bus, as presented. Motion carried. SAFETY ON HOLLY CROSSWALKS No update at this time. RESOLUTION #06-19 The Water & Sewer Committee report was heard. Action delayed on Resolution #06-19. Discussion held on the fee to be charged for winter discharge of sump pumps into the sanitary sewer. WATER CONSERVATION COMMITTEE UPDATE Alderwoman Clark gave an update on the Water Conservation Committee. 201 E HOLLY BLVD – INVOICE Alderwoman Clark moved Alderwoman Hausman seconded to approve paying the invoice from Jeff Voldseth, 201 E. Holly Blvd., for water pressure testing, in the amount of $148.32. Motion carried. APPROVAL TO ADVERTISE FOR BIDS FOR HOLLY BLVD. Alderman Parsons moved Alderwoman Hausman seconded to approve the advertising for bids for the Holly Blvd. improvements and 2019 Main Avenue interceptor sewer project, on January 30, 2019 and February 6, 2019, and open bids on February 20, 2019. Motion carried.

BIOSOLID REMOVAL & CELL REGARDING PAY APPLICATION Alderwoman Hausman moved Alderwoman Clark seconded to approve pay request #10 to Soukup Construction in the amount of $36.700.43 for the biosolid removal & cell regrading. Motion carried. GREASE TRAP INSPECTION PROGRAM No update at this time. At 6:58 p.m. on a motion by Alderwoman Clark seconded by Alderwoman Hausman the meeting was adjourned. ______________________________ _____________________________ Melissa Labahn Paul Lundberg Municipal Recording Clerk Mayor

VENDOR DESCRIPTION AMOUNTAFLAC January Premium 1,282.25Avera McGreevy Clinic Sewer Services 156.00Best Western Ramkota Hotel Travel Expense 117.00Border States Electric Govt Bldg Supplies 65.97Casey Spinsby Travel Expense 235.23Cintas GC Supplies 40.00City of Sioux Falls Annual Sewer Fees 4,500.00Corson Village Sanitary District January Refund 1,030.37Dakota Fluid Power Inc Park Supplies 52.63Dakota Supply Group Water Supplies 2,071.27Delta Dental of SD February Premium 3,058.80SD DENR Project Permit 100.00DGR Engineering Professional Services 13,536.85Dick's Vacuum Govt Bldg Repairs 121.80DPC Industries Inc Water Supplies 789.75Fireball Industries Govt Bldg Supplies 94.76Galls Police Supplies 433.49Hach Company Water Supplies 836.72Hawkins Water Treatment Water Supplies 1,500.74IACP Police Dues 190.00InterLakes Community Action Transit Bus Expense 14,982.12Jack's Uniforms & Equip Police Supplies 146.89Jim Lester Travel Expense 226.76Joseph Weir Travel Expense 654.13Kelly Eilers Travel Expense 1,062.16Lacey Rentals Inc Park Rental 111.00Lawson Products Inc Street Supplies 192.57Leon Tews Mailbox Refund 69.11Locators & Supplies Street Supplies 674.51Mills & Miller Inc Street Supplies 1,821.04Modern Woodmen of America February Premium 1,556.56Northern States Supply Water Supplies 199.98Northern Truck Equipment Street Supplies 535.19Northwest Tire Inc Street Supplies 48.77Palisades Oil Company Fuel 1,105.66Palisades Propane Inc Utilities 1,578.88Performance Press Police Supplies 59.00Prairie Wind Trailers LLC Park Equipment 8,825.00SD Department of Revenue Water Testing 60.00Sioux Falls Ford Police Repairs 590.68Sioux Valley Energy Utilities 29,669.67Staples Advantage Govt Bldg Supplies 104.80Stockwell Engineers Professional Services 1,230.75Streicher's Police Supplies 77.98Tami Jansma Fuel 75.62The Seeger Map Company Map Update 85.00Thomson West City Admin Supplies 99.78Titan Machinery Park Supplies 247.36TranSource Truck & Equipment Street Supplies 25.06

February 4, 2019 Claims

Turtle Tracks Police Supplies 270.00Two Way Solutions Inc Police Repairs 65.48Tyler Technologies Annual Maintenance 275.00Verizon Wireless Utilities 935.98Vern Eide Motoplex Park Supplies 30.72Wellmark BCBS February Premium 47,999.83Xcel Energy Utilities 6,149.19

Total Claims 152,055.86

Payroll ClaimsCity Administration January 24, 2018 Payroll 3,923.23Finance Officer January 24, 2018 Payroll 3,563.44Government Buildings January 24, 2018 Payroll 129.29Police January 24, 2018 Payroll 24,280.42Building Inspections January 24, 2018 Payroll 3,275.46Engineer January 24, 2018 Payroll 2,013.97Street Department January 24, 2018 Payroll 5,855.84Park Department January 24, 2018 Payroll 3,923.38Chamber of Commerce January 24, 2018 Payroll 2,931.80Water Department January 24, 2018 Payroll 8,083.47Sewer Department January 24, 2018 Payroll 4,142.25Golf Course Grounds January 24, 2018 Payroll 1,695.27Golf Course Lounge January 24, 2018 Payroll 1,102.14Golf Course Pro Shop January 24, 2018 Payroll 7,117.70Golf Course Community Room January 24, 2018 Payroll 667.75941 Payroll Taxes January 24, 2018 Payroll 24,485.96Office of Child Support Enforcement January 24, 2018 Payroll 76.15SD Retirement System Supplemental January 24, 2018 Payroll 1,087.50TASC Flex Plan January 24, 2018 Payroll 1,373.77Accounts Management January 24, 2018 Payroll 75.00SD Retirement System January Contributions 24,252.21Direct Pay Reimbursement Direct Pay Reimbursement 1,500.00

Total Payroll 125,556.00

Grand Total 277,611.86

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CHAPTER 14-11 thru 14-40

(UTILITIES and FRANCHISES)

RESERVED FOR FUTURE USE

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CHAPTER 14-41 REGULATION OF SEWER USE

ARTICLE IV

PUBLICLY OWNED TREATMENT WORKS

Section 109-129.7

WATER AND SEWER SERVICE IN GENERAL

DIVISION 1. GENERALLY

14-41-109 ADMINISTRATION Except as herein provided, the City of Brandon shall be charged with the administration

of this article and shall be in full charge and control of the publicly owned treatment works.

Sources: Ordinance of Sioux Falls, SD, 53.001, 12-16-14

Ordinance of Sioux Falls, SD, 47-81, 6-1-81 Ordinance of Sioux Falls, SD, 57-93, 7-12-93

14-41-110 DEFINITIONS

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC §§ 1251 et seq.

Authorized representative of the user means:

A. If the user is a corporation:

1. The president, secretary, treasurer or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

2. The manager of one or more manufacturing, production, or operation

facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

B. If the user is a partnership or sole proprietorship: A general partner or

proprietor, respectively.

C. If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

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D. The individuals described in paragraphs (A) through (C) above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

Basic Charge means all users except industrial users shall be subject to a monthly or quarterly charge as set by the Brandon City Council through Resolution, and as may be amended from time to time. The charge shall be collected and added to the water basic charge as set forth in Brandon City Ordinances Chapter 14-4.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter.

Building drain means 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 four feet outside the inner face of the building wall.

Building sewer means the extension from the building drain to the public sewer or other place of disposal; also called house connection.

Categorical standards means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections §§ 307(b) and (c) of the Act, which apply to a specific category of industrial users and which appear in 40 C.F.R. §§ 405-471. City means the City of Brandon.

City engineer means the city engineer or authorized deputy, agent or representative.

Composite Sample means a sample composited from an appropriate number of discrete samples collected over the designated monitoring period greater than 15 minutes. The sample may be flow- proportional or time-proportional composite as long as the sample has a minimum of four grab samples and represents the average quality of wastewater discharged.

Combined sewer means a sewer intended to receive both wastewater and storm water or surface water. Daily Maximum means a limit indicating the maximum allowable discharge of a pollutant, monitored by a composite sampling, during a 24-hour period that corresponds to the designated monitoring period. DENR means the state department of environment and natural resources.

Domestic only commercial user means a business or commercial establishment whose only uses of water are for sanitary, culinary, drinking, washing, bathing and other domestic purposes.

Easement means an acquired legal right for the specific use of land owned by others.

Existing source means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment

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standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with §307 of the Act.

Floatable oil means 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 off floatable fat if it is properly pre-treated and the wastewater does not interfere with the collection system.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

Grab sample means a discrete sample which is taken from a wastewater stream without regard to the flow in the wastewater stream and over a period of time not to exceed 15 minutes.

Hazardous wastes means waste from generators containing materials or exhibiting specific properties identified in 40 CFR § 261.

Incompatible wastes means all waste other than those identified as hazardous wastes that interfere with, pass through or are incompatible with the City wastewater treatment facility.

Indirect discharge means introduction of pollutants to a POTW from any nondomestic source.

Industrial user or user means a source of indirect discharge.

Industrial waste means the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

Instantaneous maximum means the limit indicating the maximum concentration of a pollutant, monitored by a grab sample, allowed to be discharged at any specific time.

Interference means a discharge which alone or in conjunction with a discharge or discharges from other sources:

A. Inhibits or disrupts the POTW, its treatment process or operations, or its sludge

processes, use or disposal; and

B. Therefore is a cause of a violation of the City of Sioux Falls Surface Water Discharge Permit to operate its Regional Wastewater System, including an increase in the magnitude or duration of a violation or of the prevention of sewage sludge use or disposal in compliance with regulatory provisions or permits.

Liquid waste means all nonhazardous wastes that are mostly water, containing no more than 25 percent treatable contaminants not directly discharged to the sanitary sewer system.

Liquid waste generator (LWG) means any person, corporation, residence, commercial establishment, industry or institution, other than those holding a valid City of Sioux Falls industrial discharge permit, that produces a liquid waste that is not directly discharged, but is hauled, to the sanitary sewer collection system.

Liquid waste hauler means any person, corporation, residence, commercial establishment, industry or institution that engages in the activity of transporting liquid

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waste from a source or generator to a point of final disposal. LWG Permit means an industrial wastewater discharge permit issued by City of Sioux Falls to a LWG for the discharge of hauled industrial liquid waste.

Manager means the City Administrator or the water/wastewater manager, or either of the authorized deputies, agents or representatives. Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

Natural outlet means any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

New source means:

A. Any building, structure, facility or installation from which there is (or may be) a

discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under §307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

1. The building, structure, facility or installation is constructed at a site at

which no other source is located;

2. The building, structures, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. The production or wastewater generating process of the building,

structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing plant, and extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

B. Construction on a site at which an existing source is located results in a

modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)b. or c. above, but otherwise alters, replaces or adds to existing process or production equipment.

C. Construction of a new source as defined under this paragraph has commenced if

the owner or operator has:

1. Begun, or caused to begin, as part of a continuous on-site construction program:

a. Any placement, assembly or installation of facilities or

equipment; or b. Significant site preparation work including clearing,

excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or

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installation of new source facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this paragraph.

Non-contact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

Official Having Jurisdiction means the official with authority to inspect, investigate, issue permits, regulate and enforce various conduct within this article. The manager (as defined above) is the Official Having Jurisdiction for all matters within this article except the Industrial Pretreatment Requirements in Division 3 of this article. The Official Having Jurisdiction for the Industrial Pretreatment Requirements in Division 3 is the Regional Wastewater Manager as defined below. Pass-through means a discharge which exits in the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the City of Sioux Falls Surface Water Discharge Permit, including an increase in the magnitude or duration of a violation.

Permit means an industrial wastewater discharge permit issued to industrial users for the discharge of non-domestic wastes into the sanitary sewer collection system.

pH means the negative logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen ion concentration of ten to the minus seven power.

Pollutant means dredged spoil, solid waste incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

POTW (publicly owned treatment works) means the Regional wastewater treatment plant owned and operated by the City of Sioux Falls, including all devices and systems used in the collection, storage, treatment, recycling and reclamation of wastewater or industrial wastes and any conveyances which transport wastewater to the Sioux Falls Regional Wastewater plant.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.

Pretreatment standards or standards means absolute prohibitions against the discharge of certain substances; these prohibitions appear in §§ 14-41-119 through 14-41-119.3.

Properly shredded garbage means 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

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particle greater than one-half inch (1.27 centimeters) in any dimension.

Public sewer means a common sewer controlled by a governmental agency or public utility.

Regional Wastewater Manager means the Sioux Falls Director of Public Works or his designee. Sanitary sewer means a sewer that carries liquid and water- carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwater, storm water and surface water that are not admitted intentionally. Sewage means the spent water of a community. The preferred term is wastewater.

Sewer means a pipe or conduit that carries wastewater or drainage water.

Significant industrial user means:

A. Industrial users subject to categorical standards; or

B. Industrial users that:

1. Discharge an average of 25,000 gallons per day or more of process

wastewater;

2. Contribute a process wastewater which makes up five percent or more of the average dry weather hydraulic or organic capacity of the wastewater treatment plant; or

3. Are designated as significant by the Regional Wastewater Manager on

the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

C. Upon a finding that a user meeting the criteria in subsection (2) has no

reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Regional Wastewater Manager may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

Significant noncompliance means the same as the definition of "significant noncompliance" under §14-41-128.

Slug or slug load means any substance release in a discharge at a flow rate and/or concentration which will adversely affect the wastewater treatment plant or hydraulically overloads the sanitary sewer collection system. This includes, but is not limited to, accidental spills and batch discharges.

Standard Industrial Classification (SIC) means the classification pursuant to the latest revision of the Standard Industrial Classification Manual published by the office of management and budget.

Storm drain, sometimes termed storm sewer, means a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.

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Total Kjeldahl Nitrogen (TKN) means nitrogen in the form of organic proteins or their decomposition product ammonia, as measured by the Kjeldahl method. Total Suspended Solids (TSS) means 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 (jointly published by the American Public Health Association (APHA), the American Water Works Association (AWWA), and the Water Environment Federation (WEF). Toxic pollutant means one of the 126 pollutants, or combinations of those pollutants, listed as toxic in regulations promulgated by the U.S. EPA under the provisions of §307 of the Act. Unpolluted water means 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 benefitted by discharge into the sanitary sewers and wastewater treatment facilities provided.

U.S. EPA means United States Environmental Protection Agency (EPA). User or industrial user means a source of indirect discharge.

Wastewater means the spent water of a community. Liquid and water-carried industrial waste and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated that are contributed to the POTW. Wastewater treatment plant means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge.

Watercourse means a natural or artificial channel for the passage of water either continuously or intermittently.

Sources: Revised Ordinance of Sioux Falls, SD, 47-81, 6-1-1981; Revised Ordinance of Sioux Falls, SD, 125-84, ( 9-10-1984); Revised Ordinance of Sioux Falls, SD, 111-85, (12-3019-85); Revised Ordinance of Sioux Falls, SD, 23-86, (, 3-31-1986);

Ordinance of Sioux Falls, SD, 51-88, (6-20-1988) Revised Ordinance of Sioux Falls, SD, 50-91, (6-3-1991); Revised Ordinance of Sioux Falls, SD, 57-93, ( 7-12-1993)

Ordinance of Sioux Falls, SD, 102-96, (9-3-1996) Ordinance of Sioux Falls, SD, 56-12, (8-7-2012)

DIVISION 2. REGULATION OF SEWERS

14-41-111 USE OF PUBLIC SEWERS REQUIRED

A. 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 City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the City or in any

area under the jurisdiction of the City any sewage or other polluted waters,

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except where suitable treatment has been provided in accordance with this article or permitted by the DENR or EPA.

C. Except as provided in this article, 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.

D. The owner of each house, building or property used for human occupancy,

employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is located or may be located a public sanitary (sewer) of the City, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 60 days after the date of official notice to do so, provided that the public sewer is within 200 feet of the property line and reasonably accessible as determined by the City engineer.

Sources: Ordinance of Sioux Falls, SD, 47-81 (6-1-1981); Ordinance of Sioux Falls, SD, 57-93 (7-12-1993)

14-41-112 PRIVATE WASTEWATER DISPOSAL A. Private wastewater disposal systems are not permitted pursuant to Brandon City

Ordinance 15-4-19, except when public sewer is not available.

B. Private wastewater disposal systems shall be operated and maintained in a sanitary manner by the owner thereof at all times, as indicated in Brandon City Ordinance 15-4-19, and at no expense to the City.

C. At such time as a public sewer becomes available to a property served by a

private wastewater disposal system, a direct connection shall be made to the public sewer within sixty (60) days, and any septic tanks cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable materials.

Legislative History:

Brandon City Ordinance 15-4-19, August 1991. Brandon City Ordinance 116, Sec. 419, 6/6/87; Brandon City Ordinance 15-4-19, August 1991; Brandon City Ordinance 115, Sec. 3(e); Brandon City Ordinance 14-1-6, August 1991. Authority: SDCL 9-32-1, 8 & 9 and SDCL Ch. 9-48.

14-41-113 SANITARY SEWERS, BUILDING SEWERS AND CONNECTIONS A. No authorized person shall uncover, make any connections with or opening into,

use, alter or disturb any pubic sewer or appurtenance thereof without first obtaining a written permit from the City administrator or designated representative. No person shall make connections to, attach to, or tap any lateral Sanitary Sewer or Trunk Sewer for industrial purposes without first notifying the City Administrator and then the Regional Wastewater Manager and obtaining an industrial pretreatment permit from Sioux Falls if required by Sioux Falls.

B. There shall be two classes of building sewer permits as follows:

1. For residential and commercial service; and

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2. For service to establishment producing industrial wastes.

In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City engineer. A permit and inspection fee shall be established by the City Council by resolution and shall be paid to the City at the same time the application is filed.

C. All costs and expenses incidental to the installation and connection of the

building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The owner shall be responsible for the maintenance of the building drain and the building sewer.

D. A separate and independent four-inch diameter sewer service shall be provided

for every living unit where a separate ownership or billing is anticipated, and in units where separate water services are required, and for every building; except 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. In lieu of a separate four-inch diameter sewer service for every living unit, a single building sewer of a size to be determined by the City engineer but in no event less than six-inch diameter, may be provided. The City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.

E. Old building sewers may be used in connection with new buildings only when

the City Engineer finds, through video camera footage of the sewer paid for by the applicant and/or other evidence required by the City Engineer, that they meet all requirements of this article.

F. The size, slope, alignment, materials or 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 codes and other applicable specifications or requirements of the City. In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials Methods (A.S.T.M.) and Water Pollution Control Federation (W.P.C.F.) Manual of Practice No. 9 shall apply.

G. 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 at the owner's expense.

H. No person shall make connection of roof down spouts, foundation drains,

areaway drains, or other sources of surface runoff or groundwater to a building sewer or building which in turn is connected directly or indirectly to a public

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sanitary sewer unless such connection is specifically authorized by the City engineer and manager.

I. The connection of the building sewer into the public sewer shall conform to the

requirements of the building and plumbing codes and other applicable specifications and requirements of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas light and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the City engineer before installation.

J. The applicant for the building sewer permit shall notify the City engineer 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 City engineer or designated representative.

K. All excavations for building sewer installation shall be adequately guarded with

barricades and lights so as to protect the public from hazard. Any work due to streets, sidewalks, parkways and other public property must be through a permitted process, and any such property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

Sources:

Revised Ordinance of Sioux Falls, SD, 47-81, 6-1-81; Revised Ordinance of Sioux Falls, SD, 19-82. & 2, 3, 3-8-82; Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-114 RESOLUTION AND NOTICE TO OWNERS TO CONSTRUCT SEWER CONNECTIONS A. Whenever the Council shall deem it necessary to construct sewer service

connections from the trunk or service sewers to the curb line in the streets or alleys, a resolution shall be passed by the Council requiring the property owners whose property has not been connected with the trunk or service sewers to construct such connecting sewers from the trunk or service sewers to the curb line in the streets or alleys within the time specified not less than 30 days from the passage of the resolution.

B. The resolution shall contain a notice to the owners stating what work is to be

done and the time within which they are required to do it. Such notice may be general as to the owners but must be specified as to the descriptions of the lots or parcels of ground in front of which such sewer connections are to be constructed. The notice may be that the connection must be done within 30 days after the owner’s existing septic system fails.

Sources: Revised Ordinance of Sioux Falls, SD, 47-81, 6-1-81 Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-115 SPECIAL ASSESSMENT FOR SEWER CONNECTIONS

A. If such sewer connections are not built, laid and constructed in the manner and within the time prescribed in the resolution described in §14-41-114, the City Council may order the construction to be done by such person as they may contract with and under the direction of the City engineer at the expense of the

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lots and parcels of land adjoining in front of and for the benefit of which the sewer connections have been laid, built and constructed. Such expense shall be assessed upon such lots and parcels of land so chargeable by the City Council.

B. The City finance director shall cause to be published the estimate of the City

engineer, together with a notice of the time and place when the Council will meet to approve the construction, by one publication in the official newspaper at least one week prior to the meeting of the City Council to approve the construction.

C. Payments therefore shall be due and payable from and after the filing of the

assessment roll with the City finance director and shall be collected in the same manner as other special assessments are now collected as provided by law.

D. All steps taken for the charge of the property affected and the collecting of such

assessment and the selling of such property in default of payment of such assessment shall be done and performed in the same manner as other special assessments for local improvements are now collected by the City.


14-41-116 REGULATION OF USE OF PUBLIC SEWERS A. No person shall discharge or cause to be discharged any unpolluted waters such

as storm water, surface water, ground water, roof runoff, subsurface drainage or cooling water to any sanitary sewer, unless specifically authorized by the City engineer and manager.

B. Storm water other than that exempted under subsection (a) of this section and all

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

C. Groundwater collected by building subdrains, unless otherwise excepted by a

permit issued by the City of Brandon, must discharge to the ground surface outside of the building, a storm drain, a sump pump collection system, or a natural outlet. No sump pump discharge to the ground surface shall create a hazard or a nuisance including, but not limited to, ice accumulation on city streets, alleys, and sidewalks; damaging a city street or sidewalk, creating ponds of standing water or alga; or flowing over adjoining property


14-41-117 GREASE, OIL, AND SAND TRAPS Grease, oil and sand interceptors shall be provided when, in the opinion of the manager,

they are necessary for the proper handling of liquid wastes containing float able grease in excessive amounts, or oil, sand, or other harmful ingredients; except that such interceptor shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the manager, and shall be located as to be readily

13 528644v1

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 captured material and shall maintain records of the dates, and means of disposal, which are subject to review by the manager. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.


14-41-118 PROTECTION OF PROPERTY 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 POTW. Any person violating this section shall be subject to immediate arrest under charge of disorderly conduct.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

DIVISION 3. INDUSTRIAL PRETREATMENT

14-41-119 PROHIBITED DISCHARGE STANDARDS

A. General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. Any industrial user must comply with the more stringent standards of either the City of Brandon or the City of Sioux Falls pretreatment standards established in Title V, Chapter 53, of the Ordinances of Sioux Falls (as may be amended from time to time) and must pay all fees set by Sioux Falls ordinance as established in Title IX, Chapter 110, Section 110.036 of the Ordinances of Sioux Falls (as may be amended from time to time).

B. Specific prohibitions. No user shall introduce or cause to be introduced into the

POTW the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flash point of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 5.0 or more than 12, or otherwise

causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;

4. Pollutants, including oxygen-demanding pollutants (BOD, etc.),

released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

14 528644v1

5. Wastewater having a temperature which will inhibit biological activity

in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the POTW treatment plant to exceed 104 degrees F (40 degrees C);

6. Petroleum oil, nonbiodegradable cutting oil or products of mineral oil

origin, in amounts that will cause interference or pass through;

7. Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

8. Trucked or hauled pollutants, except at discharge points designated by

the Regional Wastewater Manager;

9. Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater which imparts color which cannot be removed by the

treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent;

11. Wastewater containing any radioactive wastes or isotopes except in

compliance with applicable states or federal regulations;

12. Sludges, screenings or other residues from the pretreatment of industrial wastes except as specifically authorized by the Regional Wastewater Manager;

13. Wastewater causing, alone or in conjunction with other sources, the

treatment plant's effluent to fail a toxicity test;

14. Fats, oils or greases of animal or vegetable origin in amounts which will cause obstruction of the flow in sanitary sewers; or

15. Light water foaming agents in quantities which would cause foaming

problems in the POTW.

16. Ashes, cinders, sand, cat litter, mud, straw, hair, shavings, metal, glass, utensils, rags, feathers, tar, plastics, sea shells, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow of sewers or other interference with the proper operation of the sanitary sewer.

C. Prohibited pollutants, substances or wastewater. Pollutants, substances, or

wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

Sources:

Revised Ordinance of Sioux Falls, SD, 47-81, 6-1-81

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Revised Ordinance of Sioux Falls, SD, 23-86, & 2, 3-31-86 Revised Ordinance of Sioux Falls, SD, 51-91, & 5, 6-3-91 Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-119.1 NATIONAL CATEGORICAL PRETREATMENT STANDARDS

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405471 are hereby incorporated.

A. Where a categorical pretreatment standard is expressed only in terms of either

the mass or the concentration of a pollutant in wastewater, the Regional Wastewater Manager may impose equivalent concentration or mass limits in accordance with 40 CFR §403.6(c).

B. When wastewater subject to a categorical pretreatment standard is mixed with

wastewater not regulated by the same standard, the Regional Wastewater Manager shall impose an alternate limit using the combined wastestream formula in 40 CFR §403.6(e).

C. A user may obtain a variance from a categorical pretreatment standard if the

user can prove, pursuant to the procedural and substantive provisions in 40 CFR §403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

D. A user may obtain a net gross adjustment to a categorical standard in accordance

with 40 CFR §403.15. Sources:

Revised Ordinance of Sioux Falls, SD, 47-81, 6-1-81; Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-119.2 STATE PRETREATMENT STANDARDS South Dakota pretreatment standards found at §74:52:11 of the Administrative Rules of

South Dakota are hereby incorporated. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-119.3 REGIONAL WASTEWATER LIMITS In order to protect the POTW, receiving water quality, worker health and safety, and improve opportunities for beneficial use of biosolids from nondomestic discharges, the City hereby adopts the pollutant limits established by the City of Sioux Falls for the POTW as set forth in §53.043 of the Revised Ordinances of Sioux Falls, South Dakota, and authorizes the Regional Wastewater Manager to adopt site specific permit limits for pollutants that are specific to an industrial user or user group.

Sources: Revised Ordinances of Sioux Falls, SD, 53.043

Reference: Amended and Restated Joint Powers Agreement for Use of Regional Wastewater System (May 18, 2018)

14-41-119.4 RIGHT OF REVISION The City reserves the right to establish, by ordinance or in wastewater discharge permits,

more stringent standards or requirements on discharges to the POTW. Such standards and

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requirements will be established in conjunction with the City of Sioux Falls. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-119.5 DILUTION No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Regional Wastewater Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.


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14-41-120 PRETREATMENT FACILITIES Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 14-41-119 within the time limitations specified by EPA, the state DENR, or the Regional Wastewater Manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Regional Wastewater Manager for review, and shall be acceptable to the Regional Wastewater Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City or Regional Wastewater Manager under the provisions of this article.


14-41-120.1 ADDITIONAL PRETREATMENT MEASURES A. Whenever deemed necessary, the manager or Regional Wastewater Manager

may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article.

B. The manager or Regional Wastewater Manager may require any person

discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

C. Users with the potential to discharge flammable substances may be required to

install and maintain an approved combustible gas detection meter. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-120.2 WASTEWATER ANALYSIS When requested by the Regional Wastewater Manager, a user must submit information

on the nature and characteristics of its wastewater within 30 days of the request. The Regional Wastewater Manager is authorized to prepare a form for this purpose and may periodically require users to update this information.


14-41-121 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS

At least once every two years, the Regional Wastewater Manager shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Regional Wastewater Manager may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Regional Wastewater Manager may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

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A. Description of discharge practices, including non-routine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the Regional Wastewater Manager of any

accidental or slug discharge, as required by §14-41-125.5; and

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.


14-41-122 WASTEWATER DISCHARGE PERMIT REQUIREMENT

A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Regional Wastewater Manager, except that a significant industrial user that has filed a timely application pursuant to §14-41-122.1 may continue to discharge for the time period specified therein.

B. The Regional Wastewater Manager may require other users to obtain wastewater

discharge permits as necessary to carry out the purposes of this article.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in section of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

Sources: Revised Ordinance of Sioux Falls, SD, 125-84, & 4, 9-10-84 Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-122.1 WASTEWATER DISCHARGE PERMITTING: EXISTING

CONNECTIONS Any non-permitted user required to obtain a wastewater discharge permit who was discharging wastewater into a POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within 60 days after said effective date, apply to the Regional Wastewater Manager for a wastewater discharge permit in accordance with §14-41-122.3, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the . Regional Wastewater Manager


14-41-122.2 WASTEWATER DISCHARGE PERMITTING: NEW CONNECTIONS

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Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with §14-41-122.3, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.


14-41-122.3 WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS

A. All users required to obtain a wastewater discharge permit must submit a complete and accurate permit application. The Regional Wastewater Manager may require all users to submit as part of an application the following information:

1. All information required by §14-41-125(B);

2. Description of activities, facilities and plant processes on the premises,

including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

3. Number and type of employees, hours of operation and proposed or

actual hours of operation;

4. Each product produced by type, amount, process or processes, and rate of production;

5. Type and amount of raw materials processed (average and maximum

per day);

6. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains and appurtenances by size, location and elevation, and all points of discharge;

7. Time and duration of discharges; and

8. Any other information as may be deemed necessary by the Regional

Wastewater Manager to evaluate the wastewater discharge permit application.

B. Incomplete or inaccurate applications will not be processed and will be returned

to the user for revision. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-122.4 APPLICATION SIGNATORIES AND CERTIFICATION All wastewater discharge permit applications and user reports must be signed by an

authorized representative of the user and contain the following certification statement: “I certify under penalty of law that this document and all attachments were prepared

under my direction or supervision in accordance with a system designed to assure that

20 528644v1

qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”


14-41-122.5 WASTEWATER DISCHARGE PERMIT DECISIONS The Regional Wastewater Manager will evaluate the data furnished by the user and may

require additional information. After receipt of a complete wastewater discharge permit application, the Regional Wastewater Manager will determine whether or not to issue a wastewater discharge permit. The Regional Wastewater Manager may deny any application for a wastewater discharge permit.


14-41-122.6 WASTEWATER DISCHARGE PERMIT DURATION A wastewater discharge permit shall be issued for a specified time period, not to exceed

five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Regional Wastewater Manager. Each wastewater discharge permit will indicate a specific date upon which it will expire.


14-41-122.7 WASTEWATER DISCHARGE PERMIT CONTENTS A wastewater discharge permit shall include such conditions as are deemed reasonably

necessary by the Regional Wastewater Manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Wastewater discharge permits must contain:

1. A statement that indicates wastewater discharge permit duration, which

in no event shall exceed five years; 2. A statement that the wastewater discharge permit is nontransferable

unless prior notification is provided to the Regional Wastewater Manager in accordance with §14-41-122.12;

3. Effluent limits based on applicable pretreatment standards; 4. Self-monitoring, sampling, reporting, notification and record-keeping

requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law; and

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5. A statement of applicable civil and criminal penalties for violation or pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

B. Wastewater discharge permits may contain, but need not be limited to, the

following conditions:

1. Limits on the average and/or maximum rate of discharge, time of discharge and requirements for flow regulation and equalization;

2. Requirements for the installation of pretreatment technology, pollution control, or construction or appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;

3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or non-routine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

7. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

8. Other conditions as deemed appropriate by the Regional Wastewater Manager to ensure compliance with the ordinance, and state and federal laws, rules and regulations.


14-41-122.8 WASTEWATER DISCHARGE PERMIT APPEALS

The Regional Wastewater Manager shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Regional Wastewater Manager to reconsider the terms of a wastewater discharge permit within 30 days’ notice of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of

the administrative appeal.

B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

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C. The effectiveness of the wastewater discharge permit shall not be stayed

pending the appeal.

D. If the Regional Wastewater Manager fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

E. The final administrative wastewater discharge permit decision is subject to

judicial review as provided by law. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-122.9 WASTEWATER DISCHARGE PERMIT MODIFICATION The Regional Wastewater Manager may modify a wastewater discharge permit for good

cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised federal, state or local pretreatment standards or requirements;

B. To address significant alteration or addition to the user's operation, processes or

wastewater volume or character since the time of wastewater discharge permit issuance;

C. A change in the POTW that requires either a temporary or permanent reduction

or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the POTW, City or Regional Wastewater System personnel or the receiving water;

E. Violation or any terms or conditions of the wastewater discharge permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater

discharge permit application or in any required reporting;

G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR §403.13; and

H. To correct typographical or other errors in the wastewater discharge permit.


14-41-122.10 WASTEWATER DISCHARGE PERMIT REVOCATION

A. The Regional Wastewater Manager may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. Failure to notify the Regional Wastewater Manager of significant

changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the Regional Wastewater Manager of changed conditions pursuant to §14-41-125.4;

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3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the Regional Wastewater Manager timely access to

the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the wastewater discharge permit application;

12. Failure to provide advance notice of the transfer of business ownership

of a permitted facility; or

13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.

B. Wastewater discharge permits shall are terminated upon cessation of operations

or transfer of business ownership. All wastewater discharge permits issued to a particular user are terminated upon the issuance of a new wastewater discharge permit to that user.


14-41-122.11 WASTEWATER DISCHARGE PERMIT REISSUANCE

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete and accurate permit application, in accordance with §14-41-122.3, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. If the application is submitted 90 days in advance of expiration, the existing permit may be extended beyond its expiration date, when through no fault on the part of the industrial user, a permit is not yet reissued by the expiration date of the previous permit.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93 Reference:

ARSD 74:52:01:12

14-41-122.12 WASTEWATER DISCHARGE PERMIT TRANSFER

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the Regional Wastewater Manager and is approved by the Wastewater Manager. The notice to the Regional Wastewater Manager must include an authorized representative designation form and a written certification by the authorized representative which:

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A. States that the new company has no immediate intent to change facility’s

operations and processes;

B. Identifies the specific date on which the transfer is to occur; and

C. Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advanced notice of a transfer terminates the wastewater discharge permit as of the date of facility transfer.

14-41-123 REGULATION OF WASTE RECEIVED FROM OTHER

JURISDICTIONS A. No connections shall be made to any trunk sewer or force main connecting the

systems of Brandon with the wastewater treatment system of the City of Sioux Falls, SD by any party, person or concern not a resident of the City of Brandon, without the prior written approval of the governing bodies of both Brandon and Sioux Falls, pursuant to the Amended and Restated Joint Powers Agreement for Use of Regional Wastewater System entered into between the City of Brandon and the City of Sioux Falls on or about May 14, 2018 and as may be from time-to-time amended by the parties thereto.

B. Before an industrial user located outside the boundaries of Brandon or Sioux

Falls discharges into the POTW via the Brandon wastewater system, Brandon and Sioux Falls will jointly determine whether accepting such discharge is feasible and, if so, will enter into an agreement with the jurisdiction in which such industrial user is located. Such agreement shall be substantially equivalent to the requirements of the "Brandon/Sioux Falls Wastewater Agreement," referenced in § 14-41-123(a) herein above insofar as Industrial Pretreatment requirements and regulation thereof are concerned, and must be fully secured before the Regional Manager issues an Industrial Pretreatment Permit and before any discharge is allowed from any user in the outside jurisdiction.


Amended and Restated Joint Powers Agreement for Use of Regional Wastewater System (May 18, 2018)

14-41-124 HAULED WASTEWATER

A. It is unlawful for any person, corporation, residence, commercial establishment, industry or institution to engage in the practice of pumping or hauling liquid waste within the City limits of the City of Brandon unless a current license issued by any municipality or other governmental entity is held to engage in such practice.

B. It is unlawful for any person, corporation, residence, commercial establishment,

industry or institution to dispose of hauled liquid waste into the sanitary sewer system of the City of Brandon.

C. It is unlawful for any person, corporation, residence commercial establishment,

industry or institution to discharge or dispose of hazardous wastes or incompatible wastes into the sanitary sewer system of the City of Brandon, unless all current applicable federal, state and local permits have been issued and are in good standing.

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D. The provisions of this §[14-41-124 (a)(b) and (c)] do not apply to wastewater hauled in vehicles owned by the City engaged in work as authorized by the manager or its authorized representative.

Sources: Revised Ordinance of Sioux Falls, SD, 51-88, & 2, 6-20-88 Revised Ordinance of Sioux Falls, SD, 33-90, & 1, 4-9-90 Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-125 BASELINE MONITORING REPORTS

A. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Regional Wastewater Manager a report which contains the information listed in subsection ( b) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Regional Wastewater Manager a report which contains the information listed in subsection (b) below. A new source shall report the method or pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the information set forth below.

1. Identifying information. The name and address of the facility,

including the name of the operator and owner.

2. Environmental permits. A list of any environmental control permits held by or for the facility.

3. Description of operation(s). A brief description of the nature, average

rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

4. Flow measurement. Information showing the measured average daily

and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

C. Measurement of pollutants.

1. The categorical pretreatment standards applicable to each regulated

process.

2. The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Regional Wastewater Manager of pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in §14-41-125.9.

3. Sampling must be performed in accordance with procedures set out in

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§14-41-125.10.

4. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent bases, and, if not whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

5. Compliance schedule. If additional pretreatment and/or O&M will be

required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in §14-41-125.1.

6. Signature and certification. All baseline monitoring reports must be

signed and certified in accordance with §14-41-122.4. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-125.1 COMPLIANCE SCHEDULE PROGRESS REPORTS

The following conditions shall apply to the compliance schedule required by §14-41-125(b)(7):

A. The schedule shall contain progress increments in the form of dates for the

commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

B. No increment referred to above shall exceed nine months;

C. The user shall submit a progress report to the Regional Wastewater Manager no

later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D. In no event shall more than nine months elapse between such progress reports to

the Regional Wastewater Manager. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-125.2 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Regional Wastewater Manager a report containing the information described in §14-41-125(B)(4) through (B)(6). For users

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subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR §403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with §14-41-122.4.


14-41-125.3 PERIODIC COMPLIANCE REPORTS

A. All significant industrial users shall, at a frequency determined by the Regional Wastewater Manager but in no case less than twice per year (in July and January), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with §14-41-122.4.

B. All wastewater samples must be representative of the user's discharge.

Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

C. If a user subject to the reporting requirement in this section monitors any

pollutant more frequently than required by the Regional Wastewater Manager, using the procedures prescribed in §14-41-125.10, the results of this monitoring shall be included in the report.


14-41-125.4 REPORTS OF CHANGED CONDITIONS

Each user must notify the Regional Wastewater Manager of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

A. The Regional Wastewater Manager may require the user to submit such

information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under §41-122.3.

B. The Regional Wastewater Manager may issue a wastewater discharge permit

under §14-41-122.5 or modify an existing wastewater discharge permit under §14-41-122.9 in response to changed conditions or anticipated changed conditions.

C. For the purposes of this requirement, significant changes include, but are not

limited to, flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants.


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14-41-125.5 REPORTS OF POTENTIAL PROBLEMS

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Regional Wastewater Manager of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. Within five days following such discharge, the user shall, unless waived by the

Regional Wastewater Manager submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this article.

C. A notice shall be permanently posted on the user's bulletin board or other

prominent place advising employees whom to call in the event of a discharge described in subsection (A). Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93 14-41-125.6 REPORTS FROM UN-PERMITTED USERS

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Regional Wastewater Manager as the Regional Wastewater Manager may require.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93 14-41-125.7 NOTICE OF VIOLATIONS; REPEAT SAMPLING AND REPORTING

If sampling performed by a user indicates a violation, the user must notify the Regional Wastewater Manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Regional Wastewater Manager within 30 days after becoming aware of the violation. The user is not required to re-sample if the Regional Wastewater Manager monitors at the user's facility at least once a month, or if the Regional Wastewater Manager samples between the user's initial sampling and when the user receives the results of this sampling.

Sources: Revised Ordinance of Sioux Falls, SD, 47-81, 6-1-81 Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93 14-41-125.8 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE

A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40

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CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under §14-41-125.4. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§14-41-125, 14-41-125.2 and 14-41-125.3.

B. Dischargers are exempt from the requirements of subsection (a), during a

calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.3-(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

C. In the case of any new regulations under Section 3001 of RCRA identifying

additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify theRegional Wastewater Manager, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

D. In the case of any notification made under this section, the user shall certify that

it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

E. This provision does not create a right to discharge any substance not otherwise

permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.


14-41-125.9 ANALYTICAL REQUIREMENTS

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.


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14-41-125.10 SAMPLE COLLECTION A. Except as indicated in subsection (b) below, the user must collect wastewater

samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Regional Wastewater Manager may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and

volatile organic compounds must be obtained using grab collection techniques. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1,7-12-93

14-41-125.11 TIMING

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.


14-41-125.12 RECORD KEEPING

Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Regional Wastewater Manager.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93; & 1, 7-12-93

14-41-126 RIGHT OF ENTRY; INSPECTION AND SAMPLING

The Regional Wastewater Manager shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this the Industrial Pretreatment ordinances contained in this article and any wastewater discharge permit or order issued hereunder. Users shall allow the Regional Wastewater Manager ready access to all parts of the premises for the purposes of inspection, sampling records examination and copying, and the performance of any additional duties.

A. Where a user has security measures in force which require proper identification

and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Regional Wastewater Manager will be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The Regional Wastewater Manager shall have the right to set up on the user's

property, or require installation of, such devices as are necessary to conduct

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sampling and/or metering of the user's operations.

C. The Regional Wastewater Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper cooperating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually or as needed to ensure and maintain their accuracy.

D. Any temporary or permanent obstruction to safe and easy access to the facility

to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of Regional Wastewater Manager and shall not be replaced. The costs of clearing such access shall be borne by the user.

E. Unreasonable delays in allowing the Regional Wastewater Manager access to

the user's premises shall be a violation of this article. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-126.1 SEARCH WARRANTS

If the Regional Wastewater Manager has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Regional Wastewater Manager may seek issuance of a search warrant from the circuit court.


14-41-127 CONFIDENTIAL INFORMATION

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the manager's or Regional Wastewater Manager’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the manager or Regional Wastewater Manager, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the DENR Surface Water Treatment program or DENR Industrial pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent date", as defined by 40 CFR§ 2.302 will not be recognized as confidential information and will be available to the pubic without restriction.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93 Authority:

SDCL 34A-2-94

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14-41-128 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE

The Regional Manager shall publish annually, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements as required by state and federal law. The term significant noncompliance shall mean:

A. Chronic violations of wastewater discharge limits, defined here as those in

which 66 percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

B. Technical Review Criteria (TRC) violations, defined here as those in which 33

percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. Any other discharge violation that the Regional Wastewater Manager believes

has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

D. Any discharge of pollutants that has caused imminent endangerment to the

public or to the environment, or has resulted in the Regional Wastewater Manager’s exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to meet, within 90 days of the scheduled date, a compliance schedule

milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;

F. Failure to provide within 30 days after the due date, any required reports,

including baseline monitoring reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violation(s) which the Regional Wastewater Manager determines will

adversely affect the operation or implementation of the local pretreatment program.

Sources: Revised Ordinance of Sioux Falls, SD, 50-91, & 6(41-129.2), 6-3-91 Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

DIVISION 4. ENFORCEMENT 14-41-129 NOTIFICATION OF VIOLATION

When the Official Having Jurisdiction finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Official Having Jurisdiction may serve upon that user a written notice of violation Within fourteen days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory

33

correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Official Having Jurisdiction. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Official Having Jurisdiction to take any action over matters within its jurisdiction including emergency actions or any other enforcement action, without first issuing a notice of violation. The Regional Wastewater Manager may waive the written reporting requirement for isolated, minor violations where the user has complied with the notification requirements in §14-41-125.7.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93 14-41-129.1 CONSENT ORDERS

The Official Having Jurisdiction may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§14-41-129.3 and 14-41-129.4.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93 14-41-129.2 SHOW CAUSE HEARING

The Official Having Jurisdiction may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Official Having Jurisdiction to show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93 14-41-129.3 COMPLIANCE ORDERS

When the Official Having Jurisdiction finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Official Having Jurisdiction may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

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14-41-129.4 CEASE AND DESIST ORDERS

A. When the Official Having Jurisdiction finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Official Having Jurisdiction may issue an order to the user directing it to cease and desist all such violations and directing the user to:

1. Immediately comply with all requirements; and

2. Take such appropriate remedial or preventive action as may be needed

to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

B. Issuance of a cease and desist order shall not be a bar against, or a prerequisite

for, taking any other action against the user. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-129.5 VIOLATIONS; PENALTIES

A. Any person found to be violating any provision of this article or requirement imposed pursuant to this article except §14-41-118 may be served by the Official Having Jurisdiction 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 all violations.

B. Any person found to be violating any provision of this article, requirement

imposed pursuant to this article, and/or any time limit set forth in the notice provided in this section shall be guilty of a violation of City ordinances. Each day in which any such violation shall continue is a separate offense.

C. Any person violating any of the provisions of division 3 of this article shall

become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.

D. In addition to any other fine and/or penalty authorized by this article, any

industrial user or any significant industrial user who is found to be violating any provision of division 3 of this article, requirement imposed pursuant to division 3 of this article, and/or any time limits set forth in the notice provided in this section, is subject to a civil penalty not to exceed $1,000.00 per violation per day of violation.

Sources: Revised Ordinance of Sioux Falls, SD, 47-81, 6-1-81 Revised Ordinance of Sioux Falls, SD, 107-92, & 1, 12-21-92 Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

Authority: SDCL 9-19-21

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14-41-129.6 EMERGENCY SUSPENSIONS A. The Official Having Jurisdiction may immediately suspend a user's discharge,

after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The manger may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

1. Any user notified of a suspension of its discharge shall immediately

stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Official Having Jurisdiction may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Official Having Jurisdiction may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Official Having Jurisdiction that the period of endangerment has passed, unless the termination proceedings in §14-41-129.7 are initiated against the user.

2. A user that is responsible, in whole or in part, for any discharge

presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Official Having Jurisdiction prior to the date of any show cause or termination hearing under §§14-41-129.2 or 14-41-129.7.

B. Nothing in this section shall be interpreted as requiring a hearing prior to any

emergency suspension under this section. Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1, 7-12-93

14-41-129.7 TERMINATION OF DISCHARGE

A. In addition to the provisions in §14-41-122.10, any user who violates the following conditions is subject to discharge termination:

1. Violation of wastewater discharge permit conditions;

2. Failure to accurately report the wastewater constituents and

characteristics of its discharge;

3. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

4. Refusal of reasonable access to the user's premises for the purpose of

inspection, monitoring or sampling; or

5. Violation of the pretreatment standards in §14-41-119.

B. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under §14-41-129.2 why the proposed action should not be taken. Exercise of this option by the manger shall not be a bar to, or a prerequisite for, taking any other action against the user.

36

14-41-129.8 ENFORCEMENT BY CITY OF SIOUX FALLS As to any industrial user, enforcement of violations of this Chapter may be administered by the Regional Wastewater Manager and prosecuted by the City of Sioux Falls at its discretion.

37

Sources: Revised Ordinance of Sioux Falls, SD, 57-93, & 1 7-12-93

Reference: Amended and Restated Joint Powers for Use of Regional Wastewater System (May 18, 2018)

38

CHAPTER 14-42 thru 14-108

(UTILITIES and FRANCHISES)

RESERVED FOR FUTURE USE

ORDINANCE #575

AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA, AMENDINGCHAPTER 14: 14-5-11.

BE IT ORDAINED by the City Council of the City of Brandon that Paragraphs: 14-5-11 bedeleted and replaced with the following:

14-5-11 PROHIBITION & PERMITTING OF CLEAR WATER CONNECTIONSExcept as otherwise authorized through the issuance of a permit for winter discharge, no

person shall make connection of any roof down spout, exterior foundation drain, areaway

drain, or other source of surface runoff or groundwater to a building sewer or building

drain which in turn is connected directly or indirectly to a public sanitary sewer. The cost

for any permit shall be set by the City Council by Resolution. A surcharge of $500 per

month on the sewer bill of a property owner not in compliance with this Ordinance shall

be imposed.

Legislative History: Authority:Ordinance #76, 11/20/78. SDCL Ch. 9-47.Ordinance #91, 12/17/79.Ordinance #575, 3/5/19.

Adopted this 4 day of February, 2019.th

________________________Paul J. Lundberg

ATTEST Mayor

______________________Christina SmithMunicipal Finance Officer

(SEAL)

First Reading: January 7, 2019Second Reading: February 4, 2019Published: February 13, 2019Effective Date: March 5, 2019

2/2/2019

FUEL YTD FUEL YTD TOTAL YTD M.P.G.(Gallons) FUEL $ $ MILES DRIVEN MILES

Expenditures Vehicle#010 - 2010 Chevy

56.288 56.288 109.64$ 109.64$ 1,000 1,000 20.04 Expenditures Vehicle#13 - 2013

65.284 65.284 115.11$ 115.11$ 769 769 10.64 Expenditures Vehicle#140 - 2014

197.819 197.819 348.30$ 348.30$ 2,112 2112 10.36 Expenditures Vehicle#141 - 2014





32.350 32.350 54.06$ 54.06$ 500 500 15.46

Vehicle # 0.000 -$ Vehicle # 0.000 -$

TOTAL 968.521 968.521 1,694.17$ 1,694.17$ 99.81 AVERAGE 11.944

ALL SERVICE WORKTOTAL $ YTD $

Expenditures Vehicle#010 - 2010 Chevy

Mileage as of 1/31/18 90,136 -$ -$ Expenditures Vehicle#13 - 2013 Ford

Mileage as of 1/31/18 136,500 -$ -$ Expenditures Vehicle#140 - 2014 Ford

Mileage as of 1/31/18 103,886 37.70$ 37.70$ Expenditures Vehicle Steering/Suspension - Shaft Assembly#141 - 2014 Ford

Mileage as of 1/31/18 102,277 590.68$ 590.68$ Expenditures Vehicle Windshield Wipers, Oil Change#15 - 2015 Ford

Mileage as of 1/31/18 85,701 57.50$ 57.50$ Expenditures Vehicle Oil Change#16 - 2016 Ford

Mileage as of 1/31/18 52,376 33.00$ 33.00$ Expenditures Vehicle Mount & Balance 4 tires w/disposal#17 - 2017 Ford

Mileage as of 1/31/18 39,737 80.00$ 80.00$ Expenditures Vehicle#18 - 2018 Ford

Mileage as of 1/31/18 2,925 -$ -$

Vehicle # - Year to Date

TOTAL798.88$ 798.88$

11,568

BRANDON POLICE DEPARTMENTVEHICLE REPORT

Month Of JANUARY 2019

11,568

2/2/2019

YEAR TO DATE - 2019January February March April May June July August September October November December TOTAL

01A Murder/Non-Neg Manslaughter 0 01A Murder/Non-Neg Manslaughter01B Negligent Manslaughter 0 01B Negligent Manslaughter02 Rape 1 1 02 Rape03 Robbery - Alarm 0 03 Robbery - Alarm03C Robbery - Weapon 0 03C Robbery - Weapon03D Robbery - Strong Arm 0 03D Robbery - Strong Arm04 Agg. Assault-Hands/Feet/Fists 0 04 Agg. Assault-Hands/Feet/Fists04X Agg. Assault-Domestic-Hands/Feet/ 0 04X Agg. Assault-Domestic-Hands/Feet/

Fists Fists04C Agg. Assault - Weapon 0 04C Agg. Assault - Weapon04CX Agg. Assault - Weapon - Domestic 0 04CX Agg. Assault - Weapon - Domestic05 Burglary - Alarm 4 4 05 Burglary - Alarm05A1 Burglary-Residential 0 05A1 Burglary-Residential05C2 Burglary-Non Residential 0 05C2 Burglary-Non Residential06C Theft-Shoplifting 1 1 06C Theft-Shoplifting 06D Theft from Motor Vehicle 2 2 06D Theft from Motor Vehicle06E Theft of Auto Parts 0 06E Theft of Auto Parts06F Theft of Bicycle 0 06F Theft of Bicycle06G Theft from Building 1 1 06G Theft from Building06I Theft - all others 2 2 06I Theft - all others06I Theft - Gas Skip 1 1 06I Theft - Gas Skip07 Auto Theft 0 07 Auto Theft08 Arson 0 08 Arson09 Simple Assault 3 3 09 Simple Assault09X Simple Assault - Domestic 4 4 09X Simple Assault - Domestic10 Forgery-Counterfeiting 0 10 Forgery-Counterfeiting11 Fraud 7 7 11 Fraud12 Embezzlement 0 12 Embezzlement13 Stolen Property 0 13 Stolen Property14 Vandalism 0 14 Vandalism

** includes Int'l Damage to Property ** includes Int'l Damage to Property15 Weapons 1 1 15 Weapons16 Prostitution 0 16 Prostitution17 Sex Offenses 0 17 Sex Offenses17C Indecent Exposure 0 17C Indecent Exposure17D Sex Offenses - Registration 0 17D Sex Offenses - Registration18 Narcotic & Drug Laws 5 5 18 Narcotic & Drug Laws19 Gambling 0 19 Gambling20X Offenses Against Family 8 8 20X Offenses Against Family21 D.W.I. 3 3 21 D.W.I.22 Liquor Law 0 22 Liquor Law22B Juvenile Liquor Violations 1 1 22B Juvenile Liquor Violations23 Drunkenness 0 23 Drunkenness24A Disorderly Phone Calls 0 24A Disorderly Phone Calls24B Disorderly Conduct 11 11 24B Disorderly Conduct

2/2/2019

YEAR TO DATE - 2019January February March April May June July August September October November December TOTAL

26A Suicides & Attempts 0 26A Suicides & Attempts26B Sudden Deaths-Accidental/Natural 0 26B Sudden Deaths-Accidental/Natural26C Investigations Unclassified 0 26C Investigations Unclassified27 Explosives 0 27 Explosives28 Curfew Violations 0 28 Curfew Violations29 Runaways/C.H.I.N.S./Truancy 2 2 29 Runaways/C.H.I.N.S./Truancy30 Juvenile Delinquency 4 4 30 Juvenile Delinquency31A Mutual Aid 23 23 31A Mutual Aid

** includes assisting Law Enforce. ** includes assisting Law Enforce.Agencies Agencies

31C Missing Persons 1 1 31C Missing Persons31D Mental Illness 2 2 31D Mental Illness31E Escorts 1 1 31E Escorts31F Open Door - Business 0 31F Open Door - Business31F Open Door/Window - Residential 1 1 31F Open Door/Window - Residential31H Medical Emergency 27 27 31H Medical Emergency

** includes assisting Ambulance & ** includes assisting Ambulance &Rescue Rescue

31I All Others 55 55 31I All Others** includes Motorist Assist, Public & ** includes Motorist Assist, Public &Assist Fire Dept. Assist Fire Dept.

31K Warrant Service 0 31K Warrant Service31L LandLine 17 17 31L LandLine32A Property Lost 3 3 32A Property Lost32B Property Found 0 32B Property Found33 Animal Complaints - All Others 10 10 33 Animal Complaints - All Others33B Animals - Running at Large 10 10 33B Animals - Running at Large33C Animal Bites 0 33C Animal Bites33D Animals - Barking 7 7 33D Animals - Barking35 Injury Motor Vehicle Accident 0 35 Injury Motor Vehicle Accident35J Injury MVA-Leaving Scene/Failure to 0 35J Injury MVA-Leaving Scene/Failure to

Report - Hit and Run Report - Hit and Run36 Non-Injury Motor Vehicle Accident 20 20 36 Non-Injury Motor Vehicle Accident36JM Non-Injury Accident Leaving Scene 1 1 36JM Non-Injury Accident Leaving Scene37 Traffic Complaints/Reckless 9 9 37 Traffic Complaints/Reckless

*Citations 48 48 *Citations*Written Warnings 84 84 *Written Warnings

37C Parking Violations/Citations 45 45 37C Parking Violations/Citations37D Abandoned Vehicles 5 5 37D Abandoned Vehicles38 Other Accidents 0 38 Other Accidents

Brandon Volunteer Fire Department

Serving Since 1958 401 N Sioux Blvd, Brandon, SD 57005

The Fire Department responded to 34 calls from January 1 through January 29, 2019. The 34

calls consisted of 4 actual Fire calls, 19 EMS-related calls, and 11 Other calls (accidents, etc.).

The Department responded to no Priority 1 calls (imminent life or death) this month, 25 Priority

2 calls (emergency with lights and sirens), and 9 Priority 3 calls (non-emergency, no lights or

sirens). Of the 34 calls, 31 calls were within the city limits of Brandon and 3 calls were in the

County area. The Department received Automatic Aid 2 time, provided Automatic Aid 0 times,

and provided Mutual Aid (assistance requested from another agency) 1 time.

The Fire Department has responded to a total of 156 calls so far this Fiscal Year (October, 2018

through January, 2019). This gives a projected total for the year in the 460-470 range,

comparable to last year’s total of 466.

The Fire Department has received its newer Life Pak 15 defibrillator, as well as the LUCAS

device (automated chest compression device), and is waiting to hear back on several grant

applications to assist with the purchase of these pieces of medical equipment. The Fire

Department has also ordered 10 new sets of Personal Protective Equipment (PPE), the protective

clothing worn by firefighters. The Fire Department orders 5 sets every year to maintain a

rotation of the protective clothing. Five of these sets were ordered for the 2018 calendar year,

and 5 sets were ordered for the 2019 calendar year to beat a price increase. Each set of

protective clothing, a jacket and pants ensemble, costs approximately $2100.

The Fire Department is busy planning for its Annual Spring Fundraiser, Dueling Duo Piano

show, scheduled for Friday, March 22, 2019.

Respectfully,

Robert Dykstra,

Brandon Fire Chief

CITY OF BRANDON

Planning and Inspection Department 304 S. Main Avenue, P.O. Box 95 Brandon, SD 57005

Monthly Building Inspection-Code Enforcement-Permit Report

January 2019 Code Enforcement Inspections: (16) field inspections conducted. Residential: **The City of Brandon has not issued any permits for single family homes in 2019. **E. Augusta Street: (4) unit apartment site-Rough framing approved for Unit #4. Pre-final approved for Units # 1 & 2. Final approved for Unit # 3. **E. Sunburst Drive: Two (3) plex apartment buildings: Pre-finals approved for Blds #1 & #2. Commercial: **Brandon Assembly of God Church: Pre-final inspection done-approved for full occupancy. Spring 2019-parking lot work to be done. **OdeCo Business Condos: Tenant fit-out-final inspection approved Suite #2. permit issued/rough framing approved for (Units 5 & 6) tenant-fit outs. Phase III building permit -Shell: Final approved. Units 1 & 2 tenant fit-out permits issued. **Olson Contractors Storage Lot: Shell building complete. Tenant fit-out permit issued. Bld. # 2 Shell building permit issued-Rough framing approved. **9th Street Storage (Engelien) Shell building permit issued. Footings approved. Foundation walls set. **West Side Self Storage Units: Rough framing approved for additional storage building. Need site work to be done. **Thunder Creek Custom Homes: corner of E. Redwood Blvd and N. Pasque Flower Trail- Tall Grass Addition –Preliminary Plans approved for future residential development. Development Engineering Plans approved. Grading permit issued. **New Industrial Park: {Rovang} D.E.P. plans approved by city staff. Grading and Utility extension plans approved. Grading work completed. New street work and rail lines completed. **Heartland Business Park: Sioux Valley Energy-replat approved-potential new detached accessory building/fence projects on site. Working with VanBuskirk on road extension. Variance application approved for new driveway approach. Grading/Fence/Driveway approach in progress.

CITY OF BRANDON

Planning and Inspection Department 304 S. Main Avenue, P.O. Box 95 Brandon, SD 57005

**Brandon Industrial Park: N. Walnut Ave: New location for Soo Sanitary and Excavation-site/building plans approved. Rough framing for shell building approved. Under-ground plumbing set. **Alliance Plaza: Post Office shell building -Pre-final inspected. Waiting for tenant- fit-out construction plans. **Brandon Industrial Park: Kloth LLC: Site and construction plans approved for a new commercial building. Pre-final inspection approved. **Twins Rivers Crossing Subdivision-(Fauth Addition) Erosion Control/Grading plans and Construction plans approved. **Splitrock Square-Tenant fit-out remodel- Final inspection approved. Permit closed. **The Bluffs: Construction plans approved for expansion in this housing development area. New street work in progress. **Stone Ridge Estates: City Staff / Engineering review of expansion plans for housing development. **Heartland Business Park: Tentative site plans submitted for new commercial venture. **Brandon Valley Hockey Association: New locker room building being built on property. **Risen Savior Church-remodeling/addition project-reviewing initial construction plans. **Marmen Energy: Preliminary zoning and building code discussions regarding an expansion project in the Spring-Summer of 2019.

Park Department Work Report

Wednesday, 1-16-19

- Work on equipment

Thursday, 1-17-19

- Shovel snow - Plow snow - Change cutting edges - Briefing meeting

Friday, 1-18-19

- Snow

Saturday, 1-19-19

- Plow snow

Monday, 1-21-19

- Plow snow - Shovel snow - Work on equipment

Tuesday, 1-22-19

- Plow snow - Shovel snow

Wednesday, 1-23-19

- Water Ice Rink - Shovel Golf Course - Work on equipment - Move hockey snow

Thursday, 1-24-19

- Work on equipment

Friday, 1-25-19

- Plow snow - Move hockey snow - Water ice rink

Monday, 1-28-19

- Plow snow - Shovel snow - Work on equipment - Park Board

Tuesday, 1-29-19

- Work on equipment - Office work

City of Brandon, SD Employment Policy Manual

December 2018February 2019

Employment Policy Manual, City of Brandon, SD, February 2019 DecNovember 2018 2

Table of Contents

Policy #1: Purpose and Use………………………………………………………………………………………… Page 3 1.1 Purpose of Policies and Procedures 1.2 Revision 1.3 At-Will Employment 1.4 Applicability to Appointed and Elected Officials

Policy #2: Discrimination and Harassment………………………………………………………………………. Page 4 2.1 Equal Employment Opportunity 2.2 Discrimination / Sexual Harassment 2.3 Americans with Disabilities Act

Policy #3: Hiring & Classifications…………………………………………………………………………………… Page 6 3.1 Recruitment and Hiring Policy 3.2 Residency 3.3 Relation in City Employment 3.4 Probationary Period 3.5 Classification of Employment

Policy #4: Hours of Work, Compensation & Benefits…………………………………………………………… Page 7 4.1 General Policy 4.2 Hours of Work 4.3 Attendance 4.4 Overtime 4.5 Compensation Time 4.6 Holiday Pay 4.7 On Call Pay 4.8 Group Health Insurance 4.9 Participation In Health Insurance Plan After Retirement 4.10 Retirement System Contributions 4.11 Uniform Allowance 4.12 Life Insurance 4.13 Court Time – Police Department

Policy #5: Leaves of Absence…………………………………………………………………………………………. Page 9 5.1 Leave General Policy 5.2 Holidays 5.3 Vacation Leave 5.4 Sick Leave 5.5 FMLA Leave 5.6 On-The-Job Injury Leave/Worker’s Compensation 5.7 Jury Duty and Court Service Leave 5.8 Voting Leave 5.9 Military Leave 5.10 Leave without Pay 5.11 Donations of Sick/Vacation Time

Policy #6: Drugs & Alcohol…………………………………………………………………………………………… Page 13

Policy #7: Violence and/or Threats of Violence……………………………………………………………………... Page 13

Policy #8: Miscellaneous………………………………………………………………………………………………. Page 14 8.1 Gratuities 8.2 City Property and Equipment 8.3 Computer Usage 8.4 Primary Job Interests 8.5 Incompatible Activity 8.6 Safety 8.7 Confidential Information 8.8 Social Media

Policy #9: Disciplinary Action & Termination of Employment…………………………………………………….. Page 16 9.1 General 9.2 Retirement/Resignation 9.3 Discharge 9.4 Lay-Offs

Employee Policy and Procedures Receipt and Acknowledgment Form……………………………………………. Page 17 Formatted: Font: Not Bold, No underline


Employment Policy Manual

POLICY #1: PURPOSE AND USE 1.1 Purpose of Policies and Procedures The policies and procedures for personnel administration are enacted by the City of Brandon (hereinafter

“City”). In the event of a conflict between these policies and any state and federal law, the terms and conditions of that agreement or law shall prevail.

1.2 Revision The City specifically reserves the right to repeal, modify or amend any of these policies at an aforementioned time with or without notice.

1.3 At-Will Employment The City recognizes that South Dakota is an employment at-will state and the intent of this City is to maintain that employment at-will status of all employees. These policies and procedures do not confer a contract of employment. These policies are provided as a reference of present policies and not a guarantee of employment or specific employment benefits. No at-will employee has any due process rights relative to any termination proceeding.

1.4 Applicability to Appointed and Elected Officials All elected and appointed officials shall comply with all policies and laws, including but not limited to discrimination, harassment and non-retaliation.


POLICY #2: DISCRIMINATION AND HARASSMENT 2.1 Equal Employment Opportunity

It is the policy of the City to recruit, hire, train, promote, discipline and discharge all applicants and employees equally and without regard to race, religion, creed, color, national origin, sex, age, disability, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law.

Violations of this policy by any City employee may be cause for immediate disciplinary action. Any employee who feels they have been discriminated against according to this policy should bring this concern to his/her supervisor or higher authority according to the procedure specified in this manual.

2.2 Discrimination / Sexual Harassment The City is committed to providing a work environment that is free from discrimination and sexual harassment (“harassment”). Harassment or discrimination on the basis of race, religion, color, national origin, sex, age, disability or any other basis prohibited by state or federal law will not be tolerated.

Harassment and offensive behavior may take different forms and may be verbal, non-verbal or physical in nature. Sexual harassment is defined as behavior of a sexual nature which is unwelcome and personally offensive to its recipient. It is a form of employee misconduct which is demeaning to another person and undermines the integrity of the employment relationship. This sexual harassment policy also applies to same-sex harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. By threat or insinuation, either explicitly or implicitly, an employee's refusal to submit to sexual advances or refusal to tolerate or participate in unwanted conduct or communication of a sexual nature will adversely affect the employee's terms and conditions of employment, including but not limited to wages, advancement, evaluation, assigned duties, shift assignment, career development, etc.

2. Any conduct or communication of a sexual nature has the purpose or effect of substantially interfering with work performance or of creating a hostile, intimidating, or offensive employment environment that may be considered offensive to another employee, including but not limited to:

• repeated sexual flirtations, advances, or propositions; • continual or repeated verbal abuse of a sexual nature; • foul language; • unwanted physical contact; • graphic verbal commentaries about an individual's body or manner; • sexually degrading words used to describe the individual; • the the display of sexually explicit pictures, cartoons, or other materials.

Any employee who feels he/she has been harassed or discriminated against or that his/her personal rights have been violated should immediately report the matter to the immediate supervisor unless the supervisor is the offending party. If the supervisor is unavailable, or the employee believes that it would be inappropriate to contact his/her supervisor, the employee should immediately contact the City’s Human Resources Consultant or City Administrator.

A supervisor or manager who becomes aware of any possible harassment or discrimination should advise the City’s Human Resources Consultant or City Administrator. The City will make a thorough, confidential, and impartial investigation of the complaint. All employees must cooperate with any such investigation. The City will take prompt remedial measures to immediately end the offending action.

Discrimination and harassment in the work place is prohibited by federal and state law, whether committed by elected officials or supervisory or non-supervisory employees, and will not be tolerated. Retaliation or intimidation directed toward a complaining party is also prohibited by law and will not be tolerated by the City. A legitimate complaint of harassment or discrimination will not have any bearing on the terms and conditions of employment of the complaining party, including but not limited to wages, advancement, evaluations, assigned duties, shift assignments, career development, etc. A formal complaint of harassment or discrimination may be initiated in lieu of, during, or following this informal process as provided by state or federal law.

Violations of the above stated policy by any employee may be cause for immediate disciplinary action.


2.3 Americans with Disabilities Act The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) provides rights and protection to individuals with disabilities in the areas of employment. The City is committed to the fair and equal employment of individuals with disabilities under the ADA and ADAAA. It is also the City’s policy to provide reasonable accommodation to qualified individuals with disabilities unless the accommodation would impose an undue hardship on the organization. The employee or employment applicant shall inform the department supervisor or City Human Resources Consultant of the need for an accommodation, and the City shall engage in an interactive process regarding the request. The City may request documentation of the functional limitations to support the request.

Any individual who believes that (s)he or a specific class of individuals with disabilities has been subjected to unlawful discrimination on the basis of that disability by the City may, by himself or herself or by any authorized representative, file a complaint with the City Administrator or with the state or federal commissions.


POLICY #3: HIRING & CLASSIFICATIONS 3.1 Recruitment and Hiring Policy

It is the policy of the City to recruit and fill job vacancies with the most qualified individual for the position. The City has three methods of recruiting qualified applicants to fill job vacancies in City employment. These are: 1) promotion from within; 2) transfer from within; or 3) open announcement and advertisement. All selections shall be based on merit and fitness to fill the job vacancy. All recruitment efforts are based upon equal employment opportunity and conducted without regard to race, religion, creed, color, national origin, sex, age, disability, political affiliation, and marital or veteran status. Applicants may be required to submit to a background check, pre-employment drug test, and/or physical examination.

3.2 Residency Certain City employees may have residency requirements and/or response time requirements, depending on their positions. The City Council may, under special circumstances, waive the residence and/or response time requirements as conditions of employment.

3.3 Relation in City Employment Close relatives (i.e. spouse, parent, child, sibling, in-law, uncle, aunt, nephew or niece) of current employees will not be considered for long-term employment positions if such employment would result in an employee supervising a close relative, unless approved by the City Council. To be considered for any opening, close relatives must meet all qualifications and requirements of the position to be filled, and be as qualified as other candidates. A City employee whose close relative is applying for a position with the City may not be involved in the decision-making process for that position.

3.4 Probationary Period Every employee hired by the City or promoted to a new position must complete a 6 month probationary period for the purpose of assessing the individual’s ability to perform their assigned duties (except public safety employees must serve a 12 month probationary period). Such employment may be terminated by either the City or the employee. During this probationary period an employee shall accrue both sick and vacation leave at the regularly scheduled rate. Accrued sick leave may be used as necessary at this time; however, unless otherwise modified in writing by the City Administrator, the employee is not entitled to use their accrued vacation leave until completion of their probationary period. A probationary employee is entitled to paid holidays as observed by the City. Insurance benefits for probationary employees are defined by the City’s insurance plan(s). At the discretion of the City, the probationary period may be extended by an additional 3 months.

3.5 Classification of Employment The following categories shall exist in the City's work force: • Full-time Regular: An employee hired to work a predetermined schedule of at least forty (40) hours

per work week or a monthly/yearly equivalent thereof throughout the entire year. • Part-time Regular: An employee who is hired to work throughout the entire year a number of

predetermined hours fewer than forty (40) hours per work week or a monthly/yearly equivalent thereof.

• Part-time Limited: An employee who is hire to work a number of predetermined hours, generally fewer than twenty (20) hours per work week or a monthly/yearly equivalent thereof. Limited part-time employees are not entitled to employment benefits.

• Temporary/Seasonal: An employee who is hired to perform work duties for a limited period of time not to exceed 6 months at any given time. Temporary/seasonal employees are not entitled to employment benefits.

All employees are classified in compliance with the Fair Labor Standards Act (FLSA) as follows:

• Exempt: These are management, executive, administrative, computer and sales positions in which individuals are exempt from the overtime provisions of the FLSA. Exempt employees do not receive additional compensation for work performed beyond forty (40) hours in a work week.

• Non-exempt: Non-exempt employees are subject to the overtime provisions of the FLSA. They are generally paid by the hour, and receive an overtime rate of one and one-half (1-1/2) times their regular rate of pay for all hours worked beyond forty (40) hours in a work week


POLICY #4: HOURS OF WORK, COMPENSATION & BENEFITS 4.1 General Policy

The City shall have the authority to establish hours worked, salaries/wages and other fringe benefits, as set by the City Council. The City will make a good-faith effort to comply with all federal and state regulations regarding compensation. If an employee ever believes a mistake in compensation or an improper deduction from pay has been made, it should be reported immediately to the Department Head, City Administrator or Human Resources Consultant.

4.2 Hours of Work It is the City’s intent to create a standard work week within which an employee is expected to perform City services. The City also realizes that emergency and extenuating circumstances may arise in which an employee is required to work variable hours. Nothing within this policy is meant as a guarantee to the number of hours, either daily or weekly, that an employee may be required to work. The standard 40 hour work week and 8 hour work day applies to employees, unless otherwise stated; however, exempt employee hours may be different. Start time will be set by the employing department. If less than a full hour is worked, the amount of time recorded on the timesheet should be rounded to the nearest quarter-hour. The City complies with the Fair Labors Standard Act regarding overtime pay.

4.3 Attendance All City employees are expected to be at work on time and during their regularly scheduled hours. Employees who are unable to report for work on time are required to notify their immediate supervisor or the City Administrator prior to their being absent, unless an emergency exists. If an emergency situation exists, the employee is expected to notify the proper authority as soon as reasonably possible. Except in cases of an emergency, if an employee is absent 3 consecutive days without proper notification, the employee will be considered to have voluntarily resigned their position and/or may be discharged from City service.

4.4 Overtime The City complies with the Fair Labor Standards Act regarding overtime. Employees shall work overtime only as directed by the Mayor, City Administrator, or head of the department effected. It is the policy of the City to discourage overtime whenever possible.

Overtime for all non-exempt employees is time actually worked over forty (40) hours per week. Holidays, when not actually worked, will not be counted as worked to determine overtime. Sick leave and vacation hours taken will not be considered as time actually worked for computing overtime.

4.5 Compensation Time Compensation time, or ‘comp time’, refers to paid time off from work granted to a non-exempt employee in lieu of overtime pay. For each hour of overtime worked, an employee would accrue one-and-one-half (1½) hours of comp time. It is the general policy of the City of Brandon to pay overtime rather than to accrue ‘comp time’, except within the Police Department where there is a forty (40) hour ‘cap’ on accrual of such time. Compensation time in lieu of overtime must be approved by the Police Chief. The full-time Assistant Golf Pro at the Brandon Golf Course will receive Compensation time in lieu of overtime to be paid out during slow work (typically January thru March). There is a 320 hour ‘cap’ on accrual of such time for the Assistant Golf Pro, and time must be used our paid out by March 31 each year.

4.6 Holiday Pay Any and all work duly authorized by the City on holidays, as specifically enumerated elsewhere in this policy, shall be compensated at the regular pay rate unless the time worked qualifies for overtime. Holiday time, when not actually worked, will not be counted as time worked to determine qualified overtime. When worked, employees will receive eight (8) hours of holiday time plus time-and-a-half for the hours actually worked.

4.7 On Call Pay When ‘on call’ for weekends and holidays, an employee shall receive one (1) hour of pay at his/her regular rate for each day of ‘on-call’ duty. In addition, the employee shall be compensated for actual time on duty, at a minimum of one (1) hour per call at the applicable rate, when called in for work related duties.

4.8 Group Health Insurance Except as otherwise provided by the plan, all full-time regular employees may enroll in the City’s health


insurance plan, which plan shall be determined by the City Council. The City’s payment of premiums shall be separately determined by the City Council and may be subject to the City’s Wellness Plan.

4.9 Participation in Health Insurance Plan After Retirement Except as otherwise provided for by the Plan a ten (10) fifteen (15) year employee of the city, or one that retires from the City in the South Dakota Retirement System, is eligible to remain on the City’s health insurance plan after separation from the City. The employee will be responsible for one hundred (100%) percent of the premium for the coverage selected and applicable administrative fees, payable to the City of Brandon on the first of every month for which service is provided. Retirees are eligible for this program until they qualify for Medicare.

4.10 Retirement System Contributions All eligible City employees shall participate in the South Dakota Retirement System Plan subject to the Plan’s provisions and state law.

4.11 Uniform Allowance All personnel required by the City to be uniformed shall receive an original issue of new or serviceable uniforms. Whenever such uniforms are no longer serviceable, the employee shall return the same to the issuing authority and receive a replacement issue. All uniforms remain the property of the City and must be returned to the issuing authority upon termination of employment.

4.12 Life Insurance The City pays an amount as established by the City Council for the purchase of individual life insurance for each eligible employee.

4.13 Court Time – Police Department Police officers shall be compensated for actual court time, at a minimum of two (2) hours per occurrence at the applicable rate, when scheduled during off duty hours.

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POLICY #5: LEAVES OF ABSENCE 5.1 Leave General Policy

Leaves of absence for vacation and sick leave are considered a benefit and privilege offered by the City. Leaves are not granted automatically, but are to be requested by the employee. Employees anticipating a leave of absence are encouraged to apply for such leave as soon as possible and no later than 7 days prior to a planned leave being taken. Amount of sick and vacation leave will be provided to you in a separate notification; such notification does not create any contract of employment and instead your employment is at-will. The City shall treat maternity leave the same as any other temporary disability.

5.2 Holidays The City recognizes and observes the following as paid holidays for full-time eligible employees:

• New Years Day, January 1 • Presidents' Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4 • Labor Day, 1st Monday in September • Native Americans' Day, 2nd Monday in October • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25

When a holiday falls on a Saturday, the preceding Friday is observed as the paid holiday for eligible City employees. If a holiday falls on a Sunday, it is observed on the following Monday.

Holidays, when not actually worked, will not be counted as work time to determine overtime. When working on a holiday, employees will receive eight (8) hours of holiday time plus time-and-a-half for the hours actually worked

5.3 Vacation Leave All full-time and part-time regular employees shall be allowed annual vacation leave at the regular rate of pay subject to the following conditions:

5.3.l Computation Period: All annual vacation leave shall be based on a calendar year. Employees are eligible to use accumulated vacation time after successfully completing six (6) months of employment. Any exceptions must be approved by the City Administrator.

5.3.2 Vacation Accrual: Any full-time regular employee who has been employed continuously for more than one (1) year shall be entitled as of January 1 of each year, vacation accumulated in the previous year.

5.3.3 ‘Pro Rated’ Provision: Any full-time regular employee who has been employed continuously for less than one (1) year shall be entitled as of January 1 of the year following appointment, to a vacation with full pay to the number of days bearing the same ratio to the full vacation as the time worked bears to a full year.

5.3.4 Amount: A. For employees with less than five (5) years of service: The amount of annual

vacation leave shall be one (1) eight (8) hour day for each month worked or part thereof as to the number of days bearing the same ratio as time worked bears to a full month.

B. For employees with five (5) or more years continuous service: In addition to the amount specified in subsection ‘1' above, one (1) additional day of annual vacation leave for each year of service in excess of five (5) years shall be granted provided however, that the number of additional annual vacation leave days granted under this subsection ‘2' shall not exceed ten (10) additional annual vacation leave days per year.

5.3.5 Regular Part-Time Employees: Regular part-time employees who work more than 20 hours/week but less than full time shall be entitled to that vacation proportionate to the


hours worked.

5.3.6 Time of annual vacation leave: Any vacation leave must be taken and completed within two (2) years following the year such vacation was earned. At no time during an employee’s period of employment with the City of Brandon may an employee accrue more than five hundred twenty eight (528) hours of vacation leave. Vacation hours earned in access of five hundred twenty eight (528) hours, but not used as vacation leave, are waived by the employee and shall not be paid to nor used by the employee. No payment may be made in lieu of annual vacation leave.

5.3.7 Approval: Generally, vacation leave shall be applied for at least 7 days in advance to the requested date(s). The employee’s department head must approve all vacation leave prior to the leave.

5.3.8 Resignation or death of employee: In the event of resignation or retirement in good standing or in the event of death, any vacation time the officer or employee has accumulated before the date of separation or termination of his or her employment shall be pro-rated and compensated for in cash to the employee or to the surviving spouse, or if no spouse survives, to his or her estate. This provision shall not apply to an employee who has not satisfactorily completed his or her probationary period or who has been discharged from the City.

5.4 Sick Leave 5.4.1 Definition: Sick leave is hereby defined to mean the absence from work of an eligible

employee because of illness, injury, exposure to a contagious disease, or attendance upon a member of immediate family due to illness or to attend the funeral of an immediate family member. Members of the immediate family shall mean parent, child, brother, sister, spouse, parents of the spouse, grandchild, or wards of the employee. Such employee shall receive full compensation during sick leave provided that in no case shall such pay be in excess of the amount the employee would receive in their normal scheduled work week.

5.4.2 Sick leave subject to investigation: Sick leave shall be granted as a privilege and not a right, and the claim of such leave shall be subject to such investigation as the City deems necessary. Any City employee claiming sick leave may be required to show a certificate signed by a medical doctor which states that the employee was unable to work during the absence.

5.4.3 Amount/Accumulation: Any regular full-time employee of the City shall be granted sick leave at the rate of eight (8) hours for each full month of completed service. In the event that any employee does not take the full amount of sick leave granted in any calendar year, the amount not taken may be accumulated from year to year up to a maximum of six hundred (600) hours. Eligibility for sick leave shall begin after the completion of six (6) months of employment, but accumulation shall be retroactive to the beginning of employment.

5.4.4 Deduction: Each individual shall have deducted from their accumulated sick leave one (1) hour for each hour of absence while on sick leave, or for the differential related to worker’s compensation indemnity benefits as set forth in section 5.6.

5.4.5 Part-Time Regular Employees: Regular part-time employees shall be entitled to sick pay proportionate to the hours worked with accumulation up to a maximum of 120 hours.

5.4.6 Reporting Illness: Any employee of the City taking sick leave shall report or cause to be reported his or her absence from work immediately to his/her department supervisor or appointing authority, and upon return to work shall immediately report such fact.

5.4.7 Immediate Family Illness: Not more than three (3) days of paid sick leave may be allowed for attendance upon a member of the immediate family requiring the care or attendance of such employee, with the exception that more than three (3) days may be approved for this purpose if supported by a written statement from the attending physician, including an explanation of why the employee's attendance is necessary.


5.4.8 Immediate Family Death/Funeral: Not more than five (5) days of paid sick leave may be authorized for any employee who has to make arrangements for, or attend a funeral of any member of the employee's immediate family.

5.4.9 Illness or Death--Other: Up to eight (8) hours of paid sick leave may be taken per incident due to death of a person other than those listed as immediate family.

5.4.10 Separation Pay for Accumulated Sick Leave: Unless the employee’s separation of employment is through death or in connection with a retirement through the South Dakota Retirement System, no accumulated sick leave shall be paid upon separation of employment with the City. If separation is through death or such retirement, then upon separation from City service accumulated sick leave shall be paid at a rate of one-half (½) of the accumulated sick leave. This amount shall be paid in one (1) lump sum included with the final check for active service. In no way may this benefit be used to increase length of service for retirement purposes.

5.5 FMLA Leave The City complies with the Family Medical Leave Act (“FMLA”), which is unpaid leave. Any FMLA leave shall, however, run concurrent with any paid or other unpaid leave time, meaning the employee must first use any available paid leave for any FMLA leave and unpaid leave runs concurrent with FMLA leave. The City applies the following 12-month leave cycle: rolling/look-back (where measured backwards from date leave is used).

Copies of the City’s FMLA procedures, along with FMLA leave forms, are available from the City’s Human Resources Consultant or City Administrator. FMLA must be authorized by the City Administrator. During an approved FMLA leave, the City will maintain your health and other benefits as if you continued to be actively employed. However, you must continue to pay your portion, if any, of the group health plan premiums or your benefits may be cancelled. If you are requesting leave for a serious health condition, you must provide, at your cost, medical certification from your healthcare provider and where possible, it should be supplied before leave begins. When on FMLA leave for your own serious health condition, you may not work for another employer while on leave.

5.6 On-The-Job Injury Leave/Worker’s Compensation An employee injured while on-the-job must immediately notify his or her supervisor or the City Administrator. A South Dakota First Report of Injury Form must be completed and submitted to the City Administrator within three (3) business days. All medical and hospital expenses and lost wages shall be paid for in accordance with Worker's Compensation laws and City policy. Sick leave benefits may be used to make up any differential between worker’s compensation indemnity pay and usual earnings or used where worker’s compensation does not pay indemnity benefits for partial absences, however, in no case may any employee receive combined pay for more than the employee’s usual earnings.

5.7 Jury Duty and Court Service Leave City employees summoned to serve on a jury or in other court services shall be entitled to receive their regular pay less jury pay received while absent from work, and without loss of any annual vacation leave.

5.8 Voting Leave City employees whose work schedule does not enable them time to vote during which time the polls are open shall be allowed up to two consecutive hours to vote. Such time shall be treated as regular work time for the purpose of pay and accrual of leaves.

5.9 Military Leave Any City employee activated into full time military service will be granted a leave of absence without pay by the City. The City will adhere to the provisions of the Military Selective Service Act and any amendments in regard to the re-employment rights of veterans. Employees who are subject to Reserve or National Guard obligations will be given time off to fulfill these obligation in accordance with federal requirements.

5.10 Leave without Pay The City Administrator may grant leave without pay to employees needing to be away from their job when other leave options are unavailable. Situations requiring leave without pay may include but is not limited to: family emergencies requiring an employee’s attention during probationary periods, extended medical


leave when all other leaves are exhausted, and educational leaves. Such leave will be granted only when it will not adversely affect the departmental operations of the City and shall not exceed 12 weeks.. Employees shall not accrue sick or annual leave while on leave without pay. Such leave will be granted without compensation, and where leave is for more than five (5) days, the employees are responsible for payment of all insurance premiums.

5.11 Donations of Sick/Vacation Time The City of Brandon recognizes that employees may have situations that result in the need for time off in excess of their available sick / vacation time. In those situations, full-time employees will be allowed to donate sick / vacation time from their unused balance to their co-workers in need in accordance with this policy. This policy is strictly voluntary.

5.11.1 Request Guidelines: In order to be eligible to receive donated sick/vacation time from their co-workers, an employee must be a full-time regular employee, must have worked a minimum of one (1) year with the City, and must have exhausted all of their own sick / vacation time. Employees who receive donated sick / vacation time may receive no more than four hundred eighty (480) hours (12 weeks) within a rolling twelve (12) month period.

5.11.2 Qualifying Reason: In order to receive donated sick/vacation time from their co-workers, a full-time employee must have a situation that meets the following criteria:

A. Family Health Related Emergency: Critical or catastrophic illness or injury of the employee or an immediate family member (as above defined in 5.4.1) that poses a threat to life and/or requires inpatient or hospice health care.

B. Other Personal Crisis: A personal crisis of a severe nature that directly impacts the employee. This may include a natural disaster impacting the employee’s primary residence such as a fire or severe storm.

In order to receive donated sick/vacation time, an eligible employee must provide written authorization from the City Administrator to present their request to the employees of the City of Brandon for the sole purpose of soliciting donations.

5.11.3 Donation Guidelines: Donations of sick/vacation time are strictly voluntary. No pressure of undue influence may be exerted on anyone to donated accrued time. Employees who wish to donate sick/vacation time to a co-worker must provide written authorization of the donation. Donations must be in one (1) hour increments, up to a maximum donation of forty (40) hours. An employee may not donate more than fifty (50%) percent of their current sick and/or vacation balance. Employees who are on approved leave may not donate sick / vacation time.

5.11.4 Procedure: Requests for donations should be made to the City Administrator, and must be approved by the City Administrator. Donations will be made on a dollar-for-dollar basis, rather than an hour-for-hour basis. (Note: An employee who earns fifteen ($15.00) dollars per hour donates four (4) hours, equivalent to sixty ($60.00) dollars. A recipient who earns twelve ($12.00) dollars per hour would receive five (5) hours of time off, equivalent to sixty ($60.00) dollars.) Donated sick / vacation time may only be used for time off related to the approved request. Sick / vacation time donated that is in excess of the time off needed will be returned to the donor.


POLICY #6: DRUGS & ALCOHOL The City has a strong commitment to its employees to provide a safe, healthful, and productive work environment and to promote high standards of employee health, and the City strives to establish and maintain a work environment that is free from the effects of alcohol and drug abuse. The City complies with the Drug-Free Workplace Act of 1988. The unlawful possession, use, distribution, dispensation, sale or manufacture of controlled substances including alcohol is prohibited while employees are on the City’s property and while conducting business-related activities off the City’s premises. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. Any employee found to be in violation of this policy or any of the provisions set forth in the plan below will be subject to discipline up to and including termination of employment. The City may conduct drug and alcohol testing of any applicant or of any employee prior to transferring that employee to a different position. The City may conduct drug and alcohol testing of employees where reasonable suspicion exists to suggest the employee is under the influence of drugs or alcohol or where there has been an accident causing personal injury or property damage. Random drug testing for safety sensitive employees or employees on a written performance plan related to substance issues may be conducted. Failure to cooperate with testing procedures may result in immediate discharge.

POLICY #7: VIOLENCE AND/OR THREATS OF VIOLENCE Any form of actual, implied, verbal or non-verbal violence or threats of violence by City employees directed toward other City employees, or non-employees, is against City policy. In addition, bringing firearms and other weapons or having them in possession while at work and in City property, buildings and vehicles is strictly prohibited, (except for police officers in the execution of their duties). Violation of this policy will subject a person to disciplinary action, up to and including discharge.


POLICY #8: MISCELLANEOUS 8.1 Gratuities No City employee shall use their position with the City of Brandon to seek or obtain courtesies, gratuities,

or personal favors. Employees must be careful to avoid actions that create the appearance of favoritism or that may adversely affect the City’s reputation for impartiality and fair dealing. Employees may accept occasional and insignificant gifts such as flowers, refreshments, food, t-shirts, caps, pens, etc., so long as they are not inappropriately lavish or excessive, do not create the appearance of an attempt to influence business decisions, and are not so frequent as to demonstrate an inappropriate pattern. Employees may not accept compensation, honoraria or money of any amount as gifts or gratuities, and must report the offer of such gifts. In addition, gifts or gratuities with a value of one hundred ($100) dollars or more (such as sporting or entertainment event tickets) may not be accepted without Council approval.

8.2 City Property and Equipment City property and equipment is available to employees for the benefit of the City and not for personal gain.

Every staff member has a responsibility to use City property and equipment, including vehicles, machinery, tools, telephones, computers and any other property and equipment in a proper and professional manner.

When staff members are operating vehicles and equipment, cell phones and other communication devices must not interfere with safe driving or operations. Discontinuing operations, pulling to the side of the road, or using hands-free devices are examples of actions drivers/operators should take to ensure their own safety and that of others. Texting while operating vehicles and equipment is prohibited

Employees shall not permit any non-employee to ride in a City-owned vehicle or equipment unless prior approval is first obtained from the City Administrator and a signed waiver of liability from the non-employee is obtained. Police officers engaged in transporting suspects are exempt from this provision.

Regarding electronic equipment, employees are responsible for the content of all text, audio files or images they store or transmit. No fraudulent, harassing or obscene messages and materials may be created, transmitted or downloaded. All electronic messages and files sent should have the employee’s name attached, and no attempt to obscure the origin of any message is permitted.

Employees should have no expectation of privacy regarding their work stations, computers, telephones and files, and the City reserves the right to access and monitor those items.

8.3 Computer Usage The City may monitor computer, Internet and email usage, including retrieving and reading email messages and other computer files, and monitoring of Internet traffic. Therefore, email messages and other use of City computers are not confidential, and even though you may be issued a private password or other private access code to log in to the computer, you should have no expectation of privacy with regards to your use of City computer network system.

8.4 Primary Job Interests The City will not attempt to control the employee's activities outside of their regular working hours.

However, it shall be expressly understood that so long as any person is employed by the City, his or her primary job interest and employment obligations shall be to the City of Brandon. If an employee has ‘on-call’ responsibilities with the City, any outside employment may not interfere with the ability to respond as necessary.

8.5 Incompatible Activity No City employee shall participate in any activity or enterprise which is inconsistent, incompatible, or in

conflict with the duties and responsibilities of their position. The City Council shall make the ultimate determination as to whether or not a specific activity is prohibited.

8.6 Safety The City will attempt to provide the safest possible working conditions for its employees. All employees

are expected to conduct themselves and handle equipment in such a manner as to avoid accidents. Employees are also responsible for observing all City safety rules, and are to report unsafe working conditions or equipment to the supervisor.


8.7 Confidential Information As an employee, in the course of your employment, you may become aware of certain confidential information that should not be shared with others, including co-workers and non-employees. For example, employees are prohibited from discussing the circumstances surrounding potential liability incidents or claims, or legal actions involving the City, unless authorized to do so. Employees are required to take reasonable and necessary steps to preserve the confidentiality of such information.

Employees who receive media inquiries should refer them to the City Administrator and/or the City Attorney.

8.8 Social Media City social media accounts accessed and utilized during the course and scope of an employee’s job duties may not be used for the purpose of expressing private or personal views on personal, political or policy issues. All social media composed, sent, or received on City equipment in an official capacity are the property of the City. The City maintains the sole property rights to any image, video or audio captured while a City employee is representing the City. The City also retains the right to monitor employees’ social media use on City equipment; employees should have no expectation of privacy.

As a general matter, employees are encouraged to only use City social media to express City-related business. Notwithstanding if a personal view or opinion is expressed by an employee on a City social media site, the employee shall include a disclaimer such as “These are my own opinions and do not represent those of the City.” Nothing in this policy should be interpreted to prevent, interfere with, or otherwise restrain an individual's legitimate exercise of his or her Section 7 activities under the National Labor Relations Act which includes an employee's right to discuss wages and other terms and conditions of employment.

For purposes of this policy, social media means internet and mobile-based applications, websites and functions, other than email, for sharing and discussing information, where users can post photos, video, comments and links to other information to create content on any imaginable topic. It includes but is not limited to social networking sites such as Facebook, LinkedIn, Twitter, Nextdoor, and online dating services/mobile apps; blogs; social news sites such as Reddit and Buzzfeed; video and photo sharing sites such as YouTube, Instagram, SnapChat, and Flickr; and Wikis, or shared encyclopedias such as Wikipedia.

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POLICY #9: DISCIPLINARY ACTION & TERMINATION OF EMPLOYMENT 9.1 General

The City expects employees to use good judgment and exhibit a sense of responsibility. All employees are responsible for providing their particular City services to the public in a courteous, polite manner. Employees are expected to maintain high standards of conduct and cooperation in their duties for the City, and to conduct themselves in an appropriate manner and maintain a high level of job performance, and to not disclose confidential information learned in the course of employment. The City reserves the right to suspend an employee with pay, however, such action is not deemed to be a disciplinary action.

Disciplinary actions shall be applied when the proper authority determines such actions are necessary. A disciplinary action may be in the form of oral reprimand, written reprimand, suspension, demotion or reassignment, or dismissal. The City may, but is not required to, apply these actions progressively and for example, suspension or termination of employment may be applied as a first step of discipline. Employment is at-will and this disciplinary policy does not otherwise create any other employment relationship

9.2 Retirement/Resignation An employee retiring or resigning from the City of Brandon is asked to give at least a two (2) week written

notice of such retirement. Department Heads are asked to give at least a four (4) week written notice of retirement.

9.3 Discharge Employment with the City of Brandon is ‘at-will’, meaning that both the City and the employee have the

right to terminate the employment relationship at any time, without prior notice, and for any reason, except as outlined in this handbook and as prohibited by law. The decision to discharge a City employee will be approved by the City Council. Employees may discuss with Council in Executive Session any suspension or termination within two (2) weeks of such action. No grievance rights, however, exist.

9.4 Lay-Offs An employee may be laid off because of lack of work or lack of funds to compensate the employee. All recalls of employees from lay-off will be made in accordance with the employee's seniority, provided in all cases the employee is qualified to perform the work.


Employment Policies and Procedures Manual Receipt and Acknowledgment Form

I ____________________________________________ certify and acknowledge the following: [print name] I have received and read a copy of the City of Brandon’s Employment Policies & Procedures Manual of November 2018. I understand that the policies, rules, and benefits described are subject to change or may be revised with or without notice, through directives, written policies, resolutions, ordinances and laws, based on the City of Brandon’s particular circumstances of a given situation. It is expressly understood that the contents of this manual do not constitute the terms of a contract of employment, but rather my employment with the City of Brandon is on an at-will basis, which means that the employment relationship may be terminated at any time by either the employee or the City of Brandon with or without cause and with or without notice.

______________________________________ Employee’s Signature

______________________________________ Employee’s Printed Name

______________________________________ Date

PUBLIC WORKS DEPARTMENT WORK REPORT

February 04, 2019 STREET DEPARTMENT: HAUL LIQUID FOR SNOW REMOVAL MOVE ROOF FROM PARK SHOP TO FIRE DEPT GRIND ASPHALT ON E. ASPEN & NICHOLAS HAUL LEAF PILE TO FARMER OUTSIDE TOWN POT HOLE PATCHING PLOW STREETS SALT STREETS HAUL SNOW CLEAR ICE FROM DRAINAGEWAYS MAINTENACE ON SNOW EQUIPMENT DELIVER & PICK UP BUCKET TRUCK TO BILLION AUTO FOR RECALL WORK SIGN WORK SAFETY MEETING LARRY BIXBY ATTENDED TRAFFIC CABINET CLASS IN SPENCER IA JAN 8 & 9 WATER DEPARTMENT: LOCATE & TURN ON CURB STOPS, UPDATE CARD FILE 3 ONE CALL LOCATES FROM 01-16-19 TO 01-30-19 FIX WATER LEAK @ 201 W HOLLY CLEANING @ WTP READ WATER METERS DELIVER RED TAGS TO DELINQUIENT ACCOUNTS SHUT OFF & TURN BACK ON DELINQUIENT ACCOUNTS SEVERAL FINAL READINGS DELIVER & CHANGE OUT METERS COLLECT BAC-T SAMPLES FOR DENR SEWER DEPARTMENT: LIFT STATION INSPECTIONS AND MAINTENANCE WORK JET SEWER MAINS IN VARIOUS AREAS BUILD MOTOR STANDS FOR BIG SIOUX LIFT CLEANING @ BIG SIOUX LIFT UNDERGROUND TRENCH INSPECTIONS(1 HR) PLUMBING INSPECTIONS(15 HRS) CHECK SEVERAL, SEVERAL SEWER CALLS OTHER DEPARTMENTS: PLOW GOLF COURSE PARKING LOT, PLOW CITY HALL PARKING LOT, HELP AT FOOD PANTRY AFTER FOOD DRIVES

RESOLUTION #06-19

WHEREAS, the City of Brandon can authorize the issuance of a permit for winter dischargepursuant to City Ordinance #14-5-11; and

WHEREAS, Ordinance #14-5-11 also authorizes the Brandon City Council to establish a fee forsaid permit; and

BE IT RESOLVED by the City Council of the City of Brandon, SD that the permit is validfrom November 1 thru March 31 each year. st st

BE IT FURTHER RESOLVED by the City Council of the City of Brandon, South Dakota thata rate of $25.00 per permit per year is established.

Dated this 4 day of February, 2019.th

______________________________Paul J Lundberg

ATTEST: Mayor

______________________________Christina SmithMunicipal Finance Officer

(SEAL)

2019 Water Treatment Chemical Bids Received2018 Year Year Year SVEN Year

Item Chemical Quantity Units Hawkins Estimate DPC Estimate Chemical Estimate#1 Chlorine gas, pounds 18,450 per pound $0.420 $7,749.00 $0.420 $7,749.00 No bid $0.00#2 Potassium permanganate 0 per pound $3.67 $0.00 $3.00 $0.00 No bid $0.00#3 Tonkasorb (or eqivalent) 5,581 per gallon $4.29 $23,942.49 No bid $0.00 No bid $0.00#4 LPC-5 365 per gallon $9.70 $3,540.50 No bid $0.00 $9.70 $3,540.50#5 LPC-9 1,125 per gallon $11.49 $12,926.25 No bid $0.00 $11.70 $13,162.50#6 Aqua Hawk 957 (or equivalent) 1 per gallon $22.00 $22.00 No bid $0.00 $22.00 $22.00#7 Sodium Hypochlorite 12.5% 0 per gallon $2.32 $0.00 $2.40 $0.00 No bid $0.00#8 Granular chlorine 0 per pound $2.25 $0.00 $2.25 $0.00 No bid $0.00

Total based on 2018 use

Total Low Bid Items $48,180.24

Estimated Total Low Bid $48,180.24*Low bid items in blue** Started using Tonkasorb October 25, 2017

2018 Year Low TotalCHEMICAL Quantity Units Bidder Unit Price CostChlorine Gas, pounds 18,450 LBS Hawkins $0.42 $7,749.00Potassium Permanganate 0 LBS DPC $3.00 $0.00Tonkasorb 5,581 GAL Hawkins $4.29 $23,942.49 LPC-5 365 GAL Hawkins $9.70 $3,540.50LPC-9 1125 GAL Hawkins $11.49 $12,926.25Aqua Hawk 957 (or equivalent) 1 GAL Hawkins $22.00 $22.00Sodium Hypochlorite 12.5% 0 GAL Hawkins $2.32 $0.00Granular chlorine 0 LBS Hawkins $2.25 $0.00

Total for 2018 $48,180.24

2019 Chemical Bid TabItem Hawkins DPC SVEN

chlorine, 150 lb. cylinders $0.420 $0.420 NA per pound

Potassium permanganate (Technical grade) 55 lb. pails $3.67 $3.00 NA per pound

Tonkasorb (or equivalent) $4.29 NA NA per gallon

Calgon C5 (bulk) (or equivalent) $9.70 NA NA per gallon

Calgon C9 (bulk) (or equivalent) $11.49 NA NA per gallon

Aqua Hawk 957 (or equivalent) $22.00 NA NA per gallon

Sodium hypochlorite $2.32 $2.40 NA per gallon

10% or 12.5% 12.5% 12.5%

Granular chlorine $2.25 $2.25 NA per pound

CITY OF BRANDON 304 Main Avenue

P.O. Box 95 Brandon, SD 57005 Telephone: (605) 582-6515 FAX: (605) 582-6831

February 4, 2019

It is my recommendation to accept the bid from Hawkins Chemical for the following

chemicals: Chlorine 150 lb. cylinders, Tonkasorb (HMO), LPC-5, LPC-9, Aqua Hawk 957,

sodium hypochlorite (12.5%), and granular chlorine. The recommendation for the other chemical bid will be awarded to DPC as follows (if

needed): Potassium permanganate.

Rollie Hoeke Director of Public Works Brandon, SD 57005 [email protected] 605-582-2273 office 605-582-7493 fax

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