HomeMy WebLinkAbout3.b. Adoption of Ordinance 9-6 Relating to Subsurface Sewage Treatment Systems t I
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` RosEmo LINT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Work Session Meeting: November 7, 2011
AGENDA ITEM: Adoption of Ordinance 9 -6 Relating to AGENDA SECTION:
Subsurface Sewage Treatment Systems Discussion
PREPARED BY: Kim Lindquist, Community Development AGENDA NO.
Director •R
ATTACHMENTS: Draft Ordinance APPROVED BY:
oat
RECOMMENDED ACTION: Discussion Item Only
ISSUE
The City must revise the septic system ordinance to reflect changes adopted by Dakota County. Thee
current ordinance references the County ordinance and therefore is obsolete. Instead of again referencing
the County's new ordinance, staff has chosen to adopt verbiage that is generally consistent with that
prescribed by the County. The couple of modifications are to have the variance and appeals process more
reference our existing ordinance processes rather than adopt County language. Ultimately, the City must be
consistent with the County standards although can be more restrictive. Staff is choosing to be consistent.
The City Attorney the PCA need to review the ordinance prior to it being brought before the Council
for final approval.
SUMMARY
The current ordinance regulating on -site sewage treatment systems is obsolete due to changes made at the
County. The current ordinance regulates by referencing the "Mn PCA rule 70S0 and any subsequent
amendments thereto, and Dakota County environmental management department ordinance 113, in the
most current editions ". Last year the County adopted new ordinance standards which prompts the City's
need to revise similar regulations. The County changes were triggered by the MnPCA changing their Rules
relating to septic systems. Rather than referencing the County ordinance only, staff has chosen to adopt
the specific standards;- placing them wholly within the city code.
For the most part the changes do not dramatically affect the installation or design of septic systems. There
are some slight modifications which are reflected in the MnPCA rule changes. Much of the ordinance
language is devoted to more process and permitting activities. Staff is proposing to use the existing
processes already in place through existing ordinances rather than adopt Hew processes akin to that used
by the County. In fact the septic ordinance references existing local ordinance appeals and variance
procedures rather than rewriting them into the new ordinance.
RECOMMENDATION
At this time, staff is requesting the Council review the changes and make any comments. Per State rules,
the city regulations must comply or be more restrictive than the State and County rules. Staff believes the
modifications found within the draft are consistent but not more restrictive. Additionally, the processing
of permits, variances and appeals varies from the County be using in -place processed already being used in
the City.
CHAPTER 6
SUBSURFACE SEWAGE TREATMENT SYSTEMS
SECTION:
9 -6 -1: Purpose
9 -6 -2: Definitions
9 -6 -3: General Provisions
9 -6 -4: Administration
9 -6 -5: General Requirements
9 -6 -6: SSTS Standards
9 -6 -7: SSTS Permitting
9 -6 -8: Abandonment Certification
9 -6 -9: Variances
9 -6 -10: Ordinance Violations
9 -6 -11: Hearings
9 -6 -12: Ordinance Repealed
9 -6 -13: Effective Date
9 =64: PURPOSE: The purpose of this ordinance is to establish minimum requirements for regulation
of SSTS for the treatment and dispersal of sewage within the City of Rosemount to protect public health and
safety, groundwater quality, and to prevent or eliminate the development of public nuisances. It is intended
to serve the best interest of the City's citizens by protecting its health, safety, general welfare and natural
resources.
A. The protection of lakes, rivers and streams, wetlands, and groundwater in the city essential to the
promotion of public health, safety, welfare, socioeconomic growth and development of the city in
perpetuity.
B. The regulation of proper SSTS construction, reconstruction, repair and maintenance to prevent the
entry and migration of contaminates. Thereby protecting the degradation of surface water and
groundwater quality.
C. The establishment of minimum standards for SSTS placement,idesign, construction, reconstruction,
repair and maintenance to prevent contamination and, if contamination is discovered, the
identification and control of its consequences and the abatement of its source and migration.
D. a The appropriate utilization of privy vaults and other non -water carried sewage collection and storage
facilities.
E. The provision of technical assistance and education, plan review, inspections, SSTS surveys and
complaint investigations to prevent and control water -borne diseases, lake degradation, groundwater
related hazards, and public nuisance conditions.
F. This ordinance is adopted pursuant to Minn. Stat. chs 115, 145A, 375, or successor statues, and
Minn. R. chs 7080, 7081 and 7082 or successor rules.
9 -6 -2: DEFINITIONS: Unless the context clearly indicates otherwise, the following words and
phrases shall have the meaning ascribed to them in this section. Unless specifically defined herein, terms used
in this ordinance shall have the same definition as provided in Minn. Stat. 115.55 and Minn. R. chs 7080,
7081, 7082, and 7083 and if not defined there, shall have common usage meaning. For purposes of this
ordinance, the words "must" and "shall" are mandatory and not permissive unless a different definition
appears in this ordinance.
A. ASBUILTS mean "record drawings" as defined below.
B. CITY means the City of Rosemount, Minnesota.
C. CITY ADMINISTRATOR means,the administrator of the City of Rosemount.
D. CITY COUNCIL means City Council of the City of Rosemount.
E. CLASS V INJECTION WELL means a shallow well used to place a variety of fluids directly below
the land surface, which included a domestic SSTS serving more than 20 people. The United States
Environmental Protection Agency and delegated, state groundwater programs permit these wells to
inject wastes below the ground surface provided they meet certain requirements and do not endanger
underground sources of drinking water. Class V motor vehicle waste disposal wells and large
capacity cesspools are specifically prohibited (See 40 CFR Parts 144 and 146).
F. CLUSTER SYSTEM means a wastewater collection and treatment system under some form of
common ownership that collects wastewater from two or more dwellings or buildings and conveys it
to a treatment and dispersal system located on an acceptable site near the dwelling or buildings.
G. DEPARTMENT means the City of Rosemount Community Development Department.
H. DESIGN FLOW means the daily volume of wastewater for which an onsite /cluster system is
designed to treat and discharge.
I. FAILURE TO PROTECT GROUNDWATER means a SSTS that does not protect groundwater
such as a seepage pit, cesspool, drywell, leaching pit, or other pit; a SSTS with less than the required
vertical separation distance described in Minn. R. 7080.1500, subps. 4(3) and 4(E); and a system not
abandoned in accordance with Minn. R. 7080.2500. The determination of the threat to groundwater
for other conditions must be made by a qualified employee or a licensed inspection business.
J. IMMINENT THREAT TO PUBLIC HEALTH AND SAFETY means a SSTS with a discharge of
sewage or sewage effluent to the ground surface, drainage systems, ditches, or storm water drains or
directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other
establishment; SSTS with electrical hazards; sewage tanks with unsecured, damaged, or weak
maintenance access covers; or any other situation with the potential to immediately and adversely
P Y Y
affect or threaten public health or safety. The determination of protectiveness for other conditions
must be made by a qualified employee inspector or a licensed inspection business.
K. ISTS means an individual sewage treatment system as defined in Minn. R. 7080.1100, subp. 42.
L. MINOR REPAIR means the repair or replacement of an existing damaged or faulty component /part
of an SSTS that will return the SSTS to its operable condition. The repair shall not alter the original
area, dimensions, design, specifications or concepts of the SSTS.
M. MPCA means the Minnesota Pollution Control Agency.
N. MSTS means a midsized subsurface sewage treatment system as defined in Minn. R. 7081:0020, subp.
4.
O. MUNICIPALITY means any incorporated city or township within the boundaries of Dakota
County, Minnesota.
P. PERSON means any human being, any municipality or other governmental or political subdivision,
or other public agency, any public or private corporation, any partnership, firm, association, or other
organization, any receiver, trustee, assignee, agent, or other legal representative or any of the
foregoing or any other legal entity.
Q. RECORD DRAWINGS means a set of drawings which reasonably document the final in -place
location, size, and type of all SSTS components including the results of any materials testing
performed and a description of conditions during construction of the system. Record drawings
were previously known as "as builts ".
R. SSTS means a subsurface sewage treatment system as defined in Minn. R. 7080.1100, subp. 82.
S. SHORELAND /FLOODPLAIN AREA means those areas covered by Dakota County Ordinance
50, Shoreland and Floodplain Management.
T. STATE means the State of Minnesota.
U. TREATMENT LEVEL means treatment system performance levels as defined in Minn. R.
7083.4030, Table III for testing or proprietary treatment products.
V. TYPE I SYSTEM means an SSTS designed according to Minn. R. parts 7080.2200 to 7080.2240, as
maybe amended.
W. TYPE II SYSTEM means an SSTS designed according to Minn. R. 'parts 7080.2250 to 7080.2290, as
may be amended.
X. TYPE III SYSTEM means an SSTS designed according to Minn. R. parts 7080.2300, as may be
amended:
Y. TYPE IV SYSTEM means an SSTS designed according to Minn. R. parts 7080.2350, as may be
amended.
Z. TYPE V SYSTEM means an SSTS designed according to Minn. R. parts 7080.2400, as may be
amended.
9 -6 -3: GENERAL PROVISIONS
A. SCOPE: This chapter regulations the siting, design, installation, alterations, operation,
maintenance, monitoring, and management of all SSTS with the city's applicable jurisdiction
including but not limited to individual SSTS and cluster or community SSTS, privy vaults, and
other non -water carried SSTS. All sewage generated in unsewered area of the city shall be
treated and dispersed by an approved SSTS that is sited, designed, installed, operated, and
Maintained in accordance with the provisions of this ordinance or by a system that has been
permitted by MPCA.
B. JURISDICTION: This chapter applies to all land area within the City.
9 -6 -4: ADMINISTRATION
A A
A. CITY: The Department shall administer the SSTS program and all provisions of this
ordinance. At appropriate times, the City shall review, revise and update this chapter as
necessary. The City shall employ or retain under contract qualified and appropriately licensed
professidnals to administer and operate the SSTS program.
B. STATE OF MINNESOTA: When a single SSTS or group of SSTS under single ownership
within one -half mile of each other have a design flow greater than 10,000 gallons per day, the
owner or owners shall make application for and obtain a state disposal system permit from the
MPCA in accordance with Minn. R. ch. 7001. If the measured daily flows for a consecutive
seven -day period exceed 10,000 gallons per day, a state disposal system permit is required.
A state disposal system permit is also required for any SSTS or group of SSTS that the MPCA
Commissioner determines has the potential or an increased potential to cause adverse public
health or environmental impacts if not regulated under a state permit. Conditions for these
permits include systems in environmentally sensitive areas, unsubstantiated or unexpected flow
volumes, and systems requiring exceptional operation, monitoring, and management.
9 -6 -5: GENERAL REQUIREMENTS
A. RETROACTIVITY
1. All SSTS. Exceptas provided in section 5.01(B), all provisions of this ordinance shall
apply to any SSTS regardless of the date it was originally permitted.
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2. Existing Permits. Unexpired permits, which were issued prior to the effective date of
this ordinance, shall remain valid under the terms and conditions °of the original permit
until the original expiration date or until a change in system ownership.
3. SSTS on Lots Created After January 23, 1996. All lots created after January 23, 1996,
must have a minimum of two soil treatment and dispersal areas that can support systems
as described in Minn. R. parts 7080.2200 through 7080.2230 or site conditions described
in Minn. R. 7081.0270, subps. 3 through 7.
B. UPGRADE, REPAIR, REPLACEMENT, AND ABONDONMENT
1. Failure to Protect Groundwater. An SSTS that is determined not be protective of
groundwater in accordance with Minn. R. 7080.1500 subp. 4(B) shall be upgraded,
repaired, replaced or abandoned by the owner in accordance with the provisions of this
ordinance within 10 months ,Of receipt of notice of noncompliance from the
department.
2. Imminent Threat to Public Health or Safety. An SSTS that is determined to be an
imminent threat to public health or safety shall be upgraded repaired, replaced or
abandoned by the owner in accordance with the provisions of this ordinance within 30
days of receipt of notice of noncompliance from the department.
3. Abandonment. Any SSTS, or any component thereof, which is no longer intended to be
used must be abandoned in accordance with section 8.00 of this ordinance and Minn. R.
7080.2500.
C. SSTS IN FLOODPLAINS: SSTS shall not be located in a floodway and wherever possible,
location within any part of a floodplain should be avoided. If no option exists to locate a SSTS
outside of a floodplain, location within the flood fringe is allowed if the requirements of Minn.
R. 7080.2270 and all relevant local requirements are met.
D. CLASS V INJECTION WELLS: All owners of new or replacement SSTS that are
considered to be Class V injection wells as defined in the Code of Federal Regulations, title 40,
part are required inventory art 144 uired to' submit SSTS i information to the United State Environmental
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Protection Agency and the MPCA. Owners are also required to identify all Class V injection
wells in property transfer disclosures.
E. SSTS LICENSE REQUIRED: All design, installation, alteration, repair; maintenance,
operation, pumping and inspection activities for SSTS located in the city must be completed by a
business licensed by the state under Minn. R. ch. 7083, an appropriately certified qualified
employee, or a'person exempted under Minn. R. 7083.0700, subps. 1(A), (C), (D) (F), (G), (H),
and (I). Individuals exempt from a state SSTS license under Minn. R. 7083 -0700, subps. 1(A),
(C), (D), (F), (G), (H), and (I) must follow all applicable local, state and federal requirements.
Property owners that employ a business to perform this work must hire a business that is
licensed in accordance with Minn. R. ch 7083.
No person shall engage in site evaluation, inspection, design, installation, construction, alteration,
extension, repair, maintenance, or pumping of SSTS without an appropriate and valid license
issued by the MPCA in accordance with Minn. R. ch 7083, except as exempted in Minn. R.
7083.0700, subps. 1(A), (C), (D), (F), (G), (H), and (I).
F. PROHIBITIONS
1. Occupancy or Use of Building without a Compliant SSTS. It is unlawful for any person
to maintain, occupy, or use any building intended for habitation to dispose of
wastewater in a manner that does not comply with the provisions of this ordinance.
2. Sewage Discharge to Ground Surface or Surface Water. It is unlawful for any person to
construct, maintain, or use any wastewater treatment system regulated under this
ordinance that results in raw or partially treated wastewater seeping to the ground
surface or flowing into any surface water. Any surface discharging system must be
permitted by the MPCA under the National Pollutant Discharge Elimination System
program.
3. Sewage Discharge to a Well or Boring. It is unlawful for any person to discharge raw or
treated wastewater into any well or boring as described in Minn. R. 4725.2050, or any
other excavation in the ground that is not in compliance with this ordinance.
4. Discharge of Hazardous or Deleterious Materials. It is unlawful for any person to
discharge into any treatment system regulated under this ordinance any hazardous or
deleterious material that adversely affect the,treatment or dispersal performance of the
system or groundwater quality.
G. REQUIRED SUBMISSION OF MAINTENANCE REPORTS: Licensed maintenance
businesses must abide by the requirements described in Minn. R. 7083.0770, subp. 2. All written
reports required by Minn. R. 7083.0770, subp 2 must be provided to the homeowner and the
department within 30, days after any maintenance work is performed.
9 -6 -6: SSTS STANDARDS
A. Standards Adopted by Reference: Minn. Stat. § 115.55 and Minn. R. chs. 7080 and 7081 and all
other reference laws and rules, as may be amended, are adopted by reference and made a part of
this chapter.
B. Amendments to the Adopted Standards:
1. Determination of Hydraulic Loading Rate and SSTS Sizing. Table IX from Minn. R.
7080.2150, .subp. 3( #) entitled Loading Rates for Determining Bottom Absorption Area for
Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining
Mound Absorption Areas Using Detail Soil Descriptions and Table IXa from Minn. R.
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7080.2150, subp. 3(E) entitled Loading Rater for Determining Bottom Absorption Area for
Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining
Mound Absorption Areas Using Percolation Tests and herein adopted by reference shall both
be used to size SSTS infiltration areas sing the larger sizing factor of the two for SSTS
design.
2. Holding Tanks. Holding tanks may be used for the application only after it
can be shown conclusively by the property owner that a SSTS permitted under this
ordinance cannot be feasibly installed:
a. As a replacement for an existing failing SSTS;
b. For an SSTS that poses an imminent threat to public health or safety; or
c. For use with buildings with limited water use.
C. Compliance Criteria for Existing SSTS
1. SSTS built before April 1, 1996, outside of areas designated as shoreland areas, wellhead
protection areas, or SSTS providing sewage treatment for food, beverage, or lodging
establishments must have at least two feet of vertical separation between the bottom of
the dispersal system and seasonal saturation or bedrock. The vertical separation
measurement shall be made outside the area of system influence in an area of similar
soil.
2. SSTS built after March 31, 1996, or SSTS located in a shore land area, wellhead..
protection area, or serving a food, beverage, or lodging establishment as defined under
Minn. R. 7080.110 subp. 84 must have a three foot vertical separation between the
bottom soil infiltrative surface and the periodically saturated sail and /or bedrock.
.Unless otherwise determined by the Department, existing systems that have no more
than a 15 percent reduction to the minimum required 36 inch separation distance are
considered compliant. (i.e., a separation distance no less than 30.6 inches). This
reduction is to account for settling of sand or soil, normal variation of separation
distance measurements and interpretation of limiting layer characteristics. The vertical
separation measurement shall be made outside the area of system influence in an area of
similar soil.
D. Highest Standards Prevail: Where the conditions imposed by a provision of this ordinance are
either more restrictive or less restrictive than comparable conditions imposed by a provision of
this chapter or any other applicable law, ordinance, rule, or regulation, the provision that
establishes the higher standard for the promotion and protection of the public health, safety, and
general welfare shall prevail.
,, 9 -6 -7 SSTS PERMITTING
A. Permits Required
1. Permit Required. It is unlawful for any person to construct, install, modify, or a
SSTS in the City without the appropriate permit from the department.
2. Permitting not Exclusive. The obtaining of a permit shall not be deemed to exclude the
necessity of obtaining other appropriate permits or approvals. Compliance with the
provision of this chapter shall not relieve any person of the need to comply with any and
all other applicable rules, regulations and laws.
B. Construction Permit
1. Activities requiring a Construction Permit. A construction permit is required for
installation of a new SSTS, for replacement of an existing SSTS, or for any repair or
replacement of components that will alter the original function of the system, change the
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treatment capacity of the system, change the location of the system, or otherwise change
the original system's design, layout, or function.
2. Activities not Requiring a Construction Permit. A construction permit is not required
for minor repairs or replacements of system components that do not alter the original
function of the system, change the treatment capacity of the system, change the location
of the system, or otherwise change the original system's design, layout, or function.
3. Application for Permit. Permit applications shall be submitted to the department on
forms provided by the department. Applicants shall provide all information as required
for the administration of this chapter.
4. Contents of Permit Application. The permit application shall include the following:
a. The names, addresses and telephone numbers of the applicant and permittee;
b.The property identification number and address or other description of the real
property on which the systems will be located;
c. A site evaluation report as described in Minn. R. 7080.1730;
d.A design report as described in Minn. R. 7080.2430;
e. The infield verification as described in Minn. R. 7082.00500, subp. 3(A);
f. A management plan as described in Minn. R. 7082.0600 and section 7.03 of this
ordinance; and
g. Copies of any required municipal, county, state, or federal permits or approvals.
5. Application Fee. The application fee shall accompany the permit application.
6. Application Review. The department shall review a permit application and supporting
documents to determine whether the application is complete. Upon satisfaction that the
proposed work will conform to the provisions of this chapter, the department shall issue
a written permit 'authorizing construction of the SSTS as designed. If the applicant
changes the proposed work to be conducted under an approved permit application, the
applicant must file an amended application with the department artment detailin the changed
PP Pp p detailing g
conditions prior to initiating or continuing construction, modification, or operation.
The department shall review the amended application and either approve or deny the
application.
7. Approval of Permit Required. The department must review and approve the permit
application and management plan before issuing a permit. Construction must not be
initiated until the department grants a construction permit.
8. Permit Expiration. The construction permit is valid for a period of no more than one
year from its date of issue, unless it is extended in accordance with this section or
construction has been completed satisfactorily, °whichever is shorter. Satisfactory
completion of construction shall be determined by receipt of final record drawings and a
signed certification that the construction or installation of the systems was completed in
a substantial conformance to the approved design documents by a qualified employee of
the department or a licensed inspection business, which is authorized by the department
and independent of the owner and the SSTS installer.
9. Extensions and Renewals. The department may grant an extension of the construction
permit if the construction has commenced prior to the original expiration date of the
permit. The permit may be extended for a period of no more than six months.
10. Permit Not Transferable. A construction permit shall not be transferable to a new
owner. The new owner must apply for a new construction permit in accordance with
this section.
11. Posting. The construction permit shall be posted on the property in such a location and
manner so that the permit is visible and available for inspection until construction is
completed and certified.
12. Conflict of Interest
a. A licensed inspection business that inspects an existing SSTS is allowed to
subsequently design and install a new SSTS for that property provided the
inspection business is also licensed- to design and install.
b.A licensed inspection business working on behalf of the department must not
design or install systems that the business will be responsible for permitting or
inspecting as part of its contract with the city.
13. Denial and Right to Appeal. If the department denies a permit to an applicant, the
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applicant shall be notified of such denial in writing. The applicant may appeal the
permit denial by filing a request for a hearing consistent with the appeals process in 9 -8 -
11.
14.
C. Management Plan
1. Purpose. The purpose of management plans is to describe how a particular SSTS is
intended to by operated and maintained to sustain the performance required. The plan
is to be provided by the certified designer to the system owner when the treatment
system is commissioned.
2. SSTS Requiring Management Plans. Management plans are required for all new or
replacement SSTS. The management plan shall be submitted to the department with the
construction permit application for review and approval. The department shall be
notified of any system modifications made during construction and the management
plan revised and resubmitted at the time of final construction certification.
3. Required Contents. Management plans shall include:
a. Operating requirements describing tasks that the owner can perform and tasks a
that a licensed service provider or maintainer must perform;
b. Monitoring requirements;
c. Maintenance requirements including maintenance procedures and a schedule for
routine maintenance;
d.Statement that the owner is required to notify, the department when the
management plan requirements are not being met;
e. Disclosure of the location and condition of the additional soil treatment and
dispersal area on the owner's property or aproperty serving the owner's,
residence; and
£ Other requirements as determined by the department.
D. Operating Permit
1. .Permit Required. An operating permit is required for all treatment systems installed
under Minn. R. 7080.2290 (holding tanks), Minn. R. 7080.2350 (Type IV System), and
Minn. R. ch. 7081 (MSTS). Sewage shall not be discharged to a treatment system
requiring an operating permit until the department certifies that the treatment system
was installed in substantial conformance with the approved plans, receives the final
record drawings of the MSTS, and a valid operating permit is issued to the owner.
2. Application for" Permit. Permit applications shall be submitted to the department on
forms provided by the department. Applicants shall provide all information as required
for administration of the chapter.
3. Contents of Permit Application. The permit application shall include the following:
a. The names, addresses and telephone numbers of the applicant and permittee;
b.The construction permit reference number and date of issue;
c. The final record drawings of the treatment systems; and
d. Owners of holding tanks must submit a copy of a valid executed monitoring
and disposal contract with a licensed maintenance business.
4. Application fee. The application fee shall accompany the permit application.
5. Monitoring and Disposal Contract. Owners of holding tanks shall provide to 'the
department a copy of a valid monitoring and disposal contract executed between the
owner and a licensed maintenance business that guarantees the removal of the holding
tank contents in at timely manner that prevents as illegal discharge in accordance with
Minn. R. 7082.011. subp. 3(G). The owner must hold a valid contract with a licensed
maintenance business at all times until such time the holding tank is abandoned or the
property sold. This contract requirement is waived if the owner is a farmer who is
exempt from licensing under Minn. Stat. 115.56, subd. 3(b)(3).
6. Application Review. The department shall review the application, the record drawings,
operation and maintenance manual, management plan, maintenance and servicing
contract, and any other pertinent documents as appropriate for accuracy and
completeness. If any deficiencies are identified, the operating permit shall be denied
{ until the deficiencies are corrected to the satisfaction of the department. If the
submitted application and documents fulfill the requirements, the department shall issue
an operating permit within 10 working days of receipt of the permit application.
7. Permit Terms and Conditions. The operating permit shall include the following:
a. System performance requirements;
{ b. Systems operating requirements;
c. Monitoring locations, procedures and recording requirements;
d. Maintenance requirements and schedules;
e. Compliance limits and boundaries;
f. Reporting requirements
g. Department notification requirements for noncompliance conditions;
h.Valid contract between the °owner and licensed maintenance business
i. Disclosure, location, and condition of acceptable soil treatment and dispersal
system site; and
j. Descriptions of acceptable and prohibited discharges.
8. Permit Expiration and Renewal
a. Operating permits shall be valid for a specific term stated on the permit as
determined by the department.
b.An operating permit must be renewed prior to its expiration. If not renewed
the department may require the system to be removed from service or operated
as,a holding tank until such time the perinit is renewed. If not renewed with 60
calendar days of the expiration date, the department may require that the system
be abandoned.
c. The department shall notify the holder of an operating permit of the permit
renewal requirement at least 90 calendar days prior to expiration of the permit.
The owner must apply for renewal at least 30 calendar days before the permit,
expiration date.
d.Application for permit renewal shall be made on a form provided by the
department including;
1) The names, addresses and telephone numbers of the applicant and
permittee;
2) Reference number of previous operating permit;
3) Any outstanding compliance reports as required by the
operating permit;
4) Certified treatment system inspection signed and /or sealed by a
certified designer, maintenance contractor, or operator at the discretion
of 'the department;
5) Any revisions mad to operation and maintenance manual; and
6) Any applicable fees.
9. Permit not Transferable. The operating permit may not be transferred. A new owner
shall apply for an operating permit in accordance with section 7.04 of this chapter. The
department shall not terminate the current permit until 60 calendar days after the date of
sale unless an imminent threat to public health and safety exits. To consider the new
owner's application, the department may require a performance inspection of the
treatment systems certified by a licensed inspector or qualified employee.
10. Compliance Monitoring
a. Performance monitoring of a SSTS shall be performed by a licensed inspection
business of licensed service provider hired by the holder of the operating permit
in accordance with the monitoring frequency and parameters stipulated in the
permit.
b.A monitoring report shall be prepared and certified by the licensed inspection
business or licensed served provider. The report shall be submitted to the
department on or before the compliance reporting date stipulated in the
operating permit. The report shall contain a description of the maintenance and
servicing activities performed since the last compliance monitoring report as
described below: •
1) Owner name and address;
2) Operating permit number
3) Average daily flow since last compliance monitoring report;
4) Description of type of maintenance and date performed
5) Description of sample taken (if required), analytical laboratory used,
and results of analyses;
6) Problems noted with the system and actions proposed or taken to
correct them; and
7) Name, signature, license and license number of the licensed
professional who performed the work.
E. Duty to Comply with Permit Conditions. The permittee shall comply with all conditions stated
in any permit issued by the department this chapter. Failure of the permittee to do so is a
violation of this chapter and is subject to the penalties provided herein.
F. Systems not Operated under Management Plan. Owners of SSTS-that are not operated under a
management plan or operating permit must inspect treatment tanks and remove solids if needed
every three years. Solids must, be removed when their accumulation meets the limit described in
`Minn. R. 7080.2450.
9 -6 -8: Abandonment Certification
A. Purpose. The purpose of the system abandonment certification is to ensure that a treatment
system no longer intended to be used is abandoned following decommissioning and in a manner
that protect public health, safety, and water quality. It also terminates all permits associated with
the system.
B. Abandonment Requirements.
1. Whenever the use of a SSTS'or any system component is discontinued as the result of a
system repair, modification, replacement or decommissioning following connection to a
municipal or private sanitary sewer, or condemnation or demolition of a building served by
the system, further use of the system or any system component for any purpose is
prohibited.
2. Abandonment shall be completed in accordance with Minn. R. 7080.2500.
3. An abandonment certificate shall be submitted to the department. The report shall include:
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a. Owners name and contact information;
b.Property address;
c. System construction permit and operating permit;
d. The reason(s) for abandonment; and
e. A brief description of the abandonment methods used, description of the system
components removed or abandoned in place, and disposition of any materials or
residuals.
9 -6 -9: Variances
A. Variances Allowed. With the exceptionbelow, in any,case where it appears by the reason of
exceptional circumstances the strict enforcement of any provision of the standards would cause
unnecessary hardship or that strict conformity with the standards would be unreasonable,
impractical or not feasible under the circumstances in order to promote the effective and
reasonable application and enforcement of the provisions of this ordinance, the City may permit
a variance upon such conditions as it may prescribe consistent with the general purposes of this
chapter and the intent of this and all other applicable state and local regulations.
B. Procedure for Variance. See Zoning Ordinance, Title 11, Chapter 12, Section 2. (11 -12 -2)
C. Prohibited Variances. The City may not grant variances from the following standards:
1. Minn. R. 7080.2150, subp. 2.
2. Minn. R. 7081.0080, subps. 2 to 5, however, variances may be granted to Minn. R.
7081.0080, subp .4(D)(1) for the replacement of MSTS serving existing dwellings or
other establishments.
3. Flow determinations under Minn. R. 7081.0110 if the deviation reduces the average daily
flow from more than 10,000 gallons to 10,000 gallons per day or less.
9 -6 -10: Ordinance Violations.
A. Any person violating any provision of this chapter shall be guilty of a misdemeanor.
B. For the purpose of safeguarding the health and safety of the general public and of the occupants
of dwellings, it is the duty of the appropriate city official, or his or her designee, to enforce this
chapter, and, this official is hereby authorized and directed to conduct inspections to determine
the condition of dwellings, residences, and premises located within the city. For the purpose of
making such inspections, the appropriate city official is hereby authorized to enter, examine and
survey, between the hours of seven thirty o'clock (7:30) A.M. and four o'clock (4:00) P.M., all
dwellings, residences, and premises. The appropriate city official, prior to making such
inspection, shall inform the occupant of the dwelling by letter postmarked not less than seventy
two (72) hours prior to the time such inspection is made. After such written notice is given, the
owner or occupant of such dwelling, during such time, for the purpose of such inspection, .
examination or survey; provided that such inspection, examination or survey shall not have for
its purpose the harassment of such owner or occupant and that such inspection, examination, or
survey shall be made so as to cause the least amount of inconvenience to the owner or occupant,
consistent with an efficient performance of the duties of the appropriate city official; provided
that the purpose of such inspection, examination, or survey shall not be for the procurement of
evidence to be used in any criminal' proceeding; provided that nothing in this section shall be
construed to prohibit the entry of the appropriate city official. The required notice is waived
when:
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1. At any time when in the opinion of the appropriate city official an actual emergency
tending to create an immediate danger to public health and safety exists; or
2. At any time when such inspection, examination, or survey may be requested by the
owner or tenant. (Ord. XVIII.10, 9 -2 -1997; amd. Ord. XXI.15, 12 -5- 2006)
C. Abatement.. If a SSTS constitutes a public health nuisance, the department may enter the
property and abate the nuisance and recover the costs' of the same from the property owner
through the following procedures listed in City Code 9 -4 -11:
1. Penalty: Any person in violation of any of the provisions in this chapter shall be guilty of
a misdemeanor and punished as described in title 1, chapter 4 of this code. Each day on
which such violation continues shall constitute a separate offense. (Ord. XII.21, 6 -15-
2004; amd. Ord. XXI.15, 12 -5 -2006)
2. Hindrance: Any person hindering the efforts of city officials to investigate possible
violations of this chapter shall be guilty of a misdemeanor.
3. Conflict Of Chapter: In any case where a provision of this chapter is found to be in
conflict with a provision of any zoning, building, fire, safety, or health ordinance or code
in this city, the provision which establishes the higher standard for the promotion and
protection of the health and safety of the people shall prevail. In any case where a
provision of this chapter is found to be in conflict with a provision of any other
ordinance or code of the city existing on the effective date of this chapter which
established a lower standard for the promotion and protection of the health and safety
of the people, the provision of this chapter shall be deemed to prevail. The
determination of the applicability of this chapter in light of the above rules of
interpretation shall be made by the city and its determination shall be final. (Ord.
XVIII.10, 9 -2 -1997; amd. Ord. XXI.15, 12 -5 -2006)
D. Unsafe Buildings or Structures. A building or structure regulated by the code is unsafe, for
purposes of this part, if it is structurally unsafe, not provided with adequate egress, a fire hazard,
or otherwise dangerous to human life.
Building service equipment that is regulated by the code is unsafe, for purposes of this
part, if it is a fire, electrical, or health hazard; an unsanitary condition; or otherwise
dangerous to human life. Use of a building, structure, or building service equipment
constituting a hazard to safety, health, or public welfare by reason of inadequate'
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment
is, for the purposes of this part, an unsafe use. Parapet walls, cornices, spires, towers,
tanks, statuary, and other appendages or structural members that are supported by,
attached to, or a part of a building and that are in deteriorated condition or otherwise
unable to sustain the design loads that are specified in the code are unsafe building
appendages.
The building official may order any building or portion of a building to be vacated if
continued use is dangerous to life, health, or safety of the occupants. The order shall be
in writing and state the reasons for the action.
All unsafe buildings, structures, or appendages are public nuisances and must be abated
by repair, rehabilitation; - demolition, or removal according to Minnesota Statutes, sections
463.15 to 463.26.
E. Stipulation Agreement. The department and a person alleged to have violated provisions of this
chapter may voluntarily enter into a stipulation agreement whereby the parties to the agreement;
identify conditions on the property that require corrective action; agree on the corrective actions
that must be performed by the person; and agree on the timeframes in which the corrective
actions must be completed. If the person fails to fulfill the requirements of the agreement, the
City may seek compliance with the terms of the agreement through a court of competent
jurisdiction or pursue other enforcement action allowed by this chapter.
F. Suspension and Revocation of Permit. The building official may suspend or revoke a permit
issued under the code if the permit is issued in error; on the basis of incorrect, inaccurate,
or incomplete information; or in violation of any ordinance or regulation or the code.
G. Commencement of Civil Court Action. In the event of a violation or threat of violation of this
chapter the city may institute appropriate civil actions or proceedings in any court of competent
jurisdiction requesting injunctive relief to prevent, restrain, correct or abate such violations or
threatened violations. The city may recover all costs, including reasonable attorney's fees,
incurred for enforcement of this chapter.
9 -6 -11: Hearings
Hearing requested under this chapter shall be held before the city or a hearing examiner as provided below,
and shall be open to the public.
A. Timeframe for Hearing. Unless an extension of time is requested by the appellant in writing
directed to the city and is granted, the hearing will be held no later than 45 calendar days after the
date of service of request for a hearing, exclusive of the date of such service. In any event, such
hearing shall be held no later than 90 calendar days after the date of service of request for a
hearing exclusive of the date of such service.
B. Notice of Hearing. The city shall mail notice of the hearing to the appellant, with a copy to the
department and the city attorney's office, at least 15 city working days prior to the hearing. Such
notice shall include:
1. A statement of time, place and nature of the hearing.
2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
3. A reference to the particular section . of the ordinance and rules involved.
C. Hearing Examiner. The city may by resolution appoint an individual, to be known as the hearing
examiner, to conduct the hearing and to make finds of fact, conclusions and recommendations
to the city. The hearing examiner shall submit the finds of fact, conclusions and
recommendations to the city in a written report and the city may adopt, modify, or reject the
report.
D. Conduct of the Hearing. The appellant and the department may be represented by counsel. The
department, the appellant and additional parties, as determined by the city or hearing examiner,
in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall
have full opportunity to respond to and present evidence. All testimony shall be sworn under
oath. All parties shall have full opportunity to respond to and present evidence, cross - examine
witnesses, and present argument. The city or hearing examiner may also examine witnesses.
E. Burden of Proof. The department shall have the burden of proving its position by a
preponderance of the evidence, unless a "different burden is provided by substantive law, and all
findings of fact, conclusions, and decisions by the city shall be based on evidence presented and
matters officially noticed.
F. Admission of Evidence. All evidence that possesses probative value, including hearsay, may be
admitted if it is the type of evidence on which prudent persons are accustomed to rely in the
conduct of their serious affairs. Evidence that is incompetent, irrelevant, immaterial or unduly
repetitious may be excluded. The hearing shall be confined to matters raised in the department's
written notice of suspension, summary suspension, revocation or denial of a permit, or in the
written request for a hearing.
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G. Failure to Appear. If the appellant fails to appear at the hearing, appellant shall forfeit any right
to a hearing before the city or hearing examiner. Appellant's failure to appear shall also be
deemed as a waiver of appellant's right to appeal the department's decision and the department's
decision shall stand.
H. Appeal of City Decision. Any appellant aggrieved by the decision of the city may appeal that
decision to any court with appropriate jurisdiction.
9 -6 -12: Ordinance Repealed
Title 9, Chapter 6, Onsite Sewage Treatment System Regulations, originally adopted XXXX, 1996 and
amended on XXXXX, is herby repealed.
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9 -6 -13: Effective Date
This ordinance shall be in full force and effective from and after its passage and publication according to law.
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