HomeMy WebLinkAbout8.a. Septic System Maintenance Ordinance � ' CITY OF ROSEMOUNT
� EXECUTIVE SUMMARY FOR ACTION
CITY COUNCtL MEETING DATE; November 7, 1995
AGENDA ITEM: Septic System Maintenance Ordinace AGENDA SEGTLON:
New Business
PREPARED BY: Paul R. Heimkes, Building Inspector AGENDA 1�$�_p,� � � A
1 i tVl l�1
A7TACHMENTS: Proposed Updated Septic System APPROVED BY:
Ordinance
Attached is a copy of the newly revised draft of the City septic system ordinance. The revised ordinance
is essentially the same as our existing ordinance. However, it now includes the Metropolitan Councils
mandated septic system maintenance provisions for existing system maintenance and upgrades.
If you recall, the Metropolitan Council mandates for septic system maintenance were among some of the
many mandates placed upon the City's conditional approval of the Comprehensive Guide Plan. These
provisions were supposed to have been adopted and enforceable by spring of 1994. Due to the time
constraints and other miscellaneous priorities we are finally formalizing the process now.
The ordinance will affect approximately 650 septic system owners/operators. In general, it will require bi-
i annual inspection and/or pumping of existing septic systems. Septic systems found to be non-complying
will be required to be brought up to code. Systems in compfiance will be issued an operational permit.
The purpose or intent of the maintenance mandates are to verify the health and safety of the public,
drinking water, and environment, in and around septic systems; and to ensure proper maintenance of
sewage treatment systems is taking place to provide this protection.
Staff has worked very closely with the Metropolitan Council and surrounding municipalities to not only
comply with the mandates, but create maintenance regulations which are uniformly enforced throughout
the county. The mandates as drafted are the absolute minimum the Metropolitan Council will accept. The
draft as you see has been reviewed and formally approved by the Metropolitan Council. At this point, all
we need is adoption by the City CounciL
It would be my suggestion that prior to Rosemounts' formal adoption, staff would provide direct mailings
of the ordinance and conduct public information meetings to gather input and to educate.
This is the first public viewing of the draft ordinance. No formal action is requested at this time.
RECOMMENDED ACTION: NONE
COUNCIL ACTION:
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a�a er�ati n ana�n9 Methods.. Sewage rr�artm�.s pr�per t�er •
parame e s�sel.y repr'ese a�d Srtat s�I�mea� all �-ho Ys��m or pam�h�en or
rtesting m� °f'�ter�srt or � Ahysical al reporrt��g me re/e�anr Sa �f.
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EPqJ. ' where appli�ab��e�hods for �xa►���a�io� Standards an qpproVe
neaffle„ • rtesrt rne�hodS fo�eal a�a�Ysis of r and w sre n�� b�
rtank a� means a d ValUa��n9 sali Wa�er a�d Wa�er
�aes a�d Su?�ovide maX�mU S�alled �� a d waste rSW 8�es
ff�es• b erged pi m re�enti Sepi�ic ta 6�
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�erachea dvmvUl�;p�� fami� rtria�� means °r�er�,�se ;nipa�en� by
vonram• ell►�9• Y dwelli�9, o a rtwo�ld,n8 or pro g �ts
��ario�►. r
���ain ha2ard Shall ,��a� a'�ily d�,epngy or e ��her �ha
��S �hara�rter sti�sese��e of cer • a�ached or
�apable of�aUs�9 dctio�s or �o •
�Sease or xf� age��s
°�her harm.
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"Dwelling" means any building or portion thereof, which is designed or used
exclusively for residential purposes but not including rooms in motels, hotels,
nursing homes, boarding houses, nor trailers, tents, cabins or tailer coaches.
"Failed Individual Sewage Treatment System" Failed individual sewage
treatment systems means a soil treatment system that is allowing sewage,
sewage tank effluent, or seepage from the soil treatment system to be
discharged to the ground surface, abandoned wells, or bodies of surface water,
or into any rock or soil formation the structure of which is not conducive #o
purification of water by filtration, or into any well or other excavation in the
ground. Failed individual sewage treatment system also means an individual
sewage treatment system that uses cesspools, leaching pits, or seepage pits,
or systems with less than three feet of unsaturated soil or sand between the
distribution device and the Iimiting soil characteristics.
"Groundwater or Ground Water" shall mean subsurface water in the vadose
(unsaturated) and phreatic (saturated) zones occurring naturally in soil and rock
formations, whether or not capable of yielding such water to wells, and shall
specifically mean that subsurface water present in the saturated zone defined
by a perched, free or confined ground water surface.
"Hazardous Materials" means any substance, which when discarded, meets the
definition of hazardous waste in Minnesota Rules 7045.
;
"Holding Tank" means a watertight tank for storage of sewage until it can be
transported to a point of approved treatment and disposaL
� "Individual Sewage Treatment System" (Hereafter known as ISTS) means a
' sewage treatment s stem or
Y part thereof, serving a dwelling or other
establishment, or group thereof, which uses sub-surface soil treatment and
disposaL
"Owner" means all persons having possession of, controf over, or title to an
individual sewage treatment system.
"Pollutant" shall mean a contaminant whose form concentration or other
attribute in an environmental medium such as soil or water, exceeds
established, acceptable criteria and standards prescribed by the Minnesota
Pollution Control Agency and, therefore, rnay be capable of causing disease,
injury or death in humans, animals or plants, contributing to the risk thereof,
otherwise degrading the environment or creating a public nuisance.
"Public Nuisance" or "Public Health Nuisance" shall be defined as irt Minnesota
Statutes, Chapter 145A, as amended, and shall be restricted in this Ordinance
to those conditions in which wastes, waste waters, sewage, septage, sludge
and other releases or related activities contribute to the annoyance or
endangerment of persons or the degradation of the environment and which
require appropriate preventory, control or abatement to resolve.
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"Pumper" shall mean any qualified person currently licensed by the State of
Minnesota to properly clean, service, pump out and remove all septage,
sewage, sewage sludge and other waste water solids and liquids from sewage
tanks, pits, lagoons, privies, and other containers or devices, to temporarily
store and transport such waste water, and to properly dispose of such waste
ermitted municipal or other
water in a Minnesota Pollution Control Agenncor orate and \beneficially use
waste water treatment facility or land app y, P
such waste water on a MPCA permitted land application site.
"Reserve Area" shall mean that portion of a property that is designated to be
protected from all vehicular traffic, construction and other disturbances to the
original, natural soils such that a future waste water treatment system or
device may be constructed meeting all Ordinance requirements when the
existing primary system or device malfunctions, becomes irreparable or when
it fails to comply with this Ordinance.
"Septage" means those solids and liquids removed during periodic maintenance
of a septic or aerobic tank, or those solids and liquids which are removed from
a holding tank.
"Sewage" means any water carried domestic waste, exclus��stabl shment, or
roof drainage, from any mdustrial, agricultural, or commercial e
any dwelling or any other structure. Domestic waste includes liquid waste
- produced by toilets, bathing, laundry, culinary operations� and the floor drains
associated with these sources, and specifically excludes animat waste and
commercial or industrial waste water.
"Sewage Tank" means a watertight tank used in the treatment of sewage and
includes, but is not limited to septic tanks and aerobic tanks.
- "Sewage Tank Effluent" means that liquid which flows from a septic or aerobie
tank under normal operation.
"Septic Tank" means any watertight, covered receptacle designed and
constructed to receive the discharge of sewage from a building sewer, separate
solids from liquid, digest organic matter, and store liquids through a period of
detention, and allow the clarified liquids to discharge to a soil treatrnent
system.
"Soil Treatment Area" means that area of trench or bedent s�stemh'andsfor
direct contact with the drainfield rock of the soil treatm Y
mounds, that area to the edges of the required absorption width and extending
five feet beyond the ends of the rock layer.
"Soil Treatment System" means a system where sewage tank effluent is
treated and disposed of below the ground surface by filtration and percolation
through the soil, and includes those systems commonly known as seepage bed,
trench, drainfield, disposal field, and mounds.
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"Standard Systems" means an individual sewage treatment system employing
a building sewer, sewage tank, and the soii treatment systern consisting of
trenches, seepage beds or mounds which are constructed on original soil which
has a percolation rate equal to or faster than 120 minutes per inch.
"Water Table" means the highest elevation in the soil where all voids are filled
with water, as evidenced by presence of water or soil mottling or other
information.
Section III
A. Administration
Standards for the installation, maintenance and repair of individual on site
sewage treatment systems are as established herein. Adoption of Minnesota
Pollution Control Agency Rule 7080 and Appendix "A" found in rule 7080.021-0
and any subsequent amendments thereto, and Dakota County Environmental
Management Department Ordinance 113, in the most current editions are
hereby adopted by reference and shall be part of this ordinance as if set forth
herein.
B. Design of Individual Sewage Treatment Systems
In addition to requirements contained within MPCA 7080 and Dakota County
Ordinance 113, all new, rebuilt or otherwise modified individual sewage
treatment systems located in the City shall be designed by a person licensed
by the State of Minnesota as being qualified to design such systems. Proof of
such certification shall be provided to the City at the time the design of the
individual sewage treatment system is submitted to the City's Building
Inspection Division for approval. The design shall be submitted to and
approved by the Building Inspection Division prior to issuance of any permits
for the subject site.
C. Installation of Individual Sewage Treatment Systems
The installation of an individual sewage treatment system shall occur only at
the location approved by the City's inspection division. Installation of the
system at any other location shall require submission to and approval of revised
design and location plans by the City's building inspection division. The system
shall only be installed by a person or company licensed by the State of
Minnesota as qualified to install such a system.
D. Permit Requirements
No person shall install� repair, or alter an on-site sewer system without first
obtaining a permit as provided herein. Applications, provided by the City; must
be completed in writing prior to issuance of a permit. Permit fees are
established by resolution of the City CounciL
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E. Testing for Sewage Treatment System Design
For all buildable lots and existing lots of record in unsewered areas, the
landowner shall submit to the city sufficient soil borings, percolation test
results, and analysis on each such lot to show the existence of an adequate
land area of suitable soils that will accommodate at least two (2) sites for a soil
treatment system on each lot, taking in account seasonably saturated soils, soil
types and conditions, topographic features, flooding potential and mandatory
setback requirements, as dictated by city ordinance and any applicable state
and federal regulatians. The evaluation of the soils and the soil borings as well
as the two (2) potential locations of the on-site individual sewage treatment
system shall be submitted to the City for review and approval prior to any
preliminary or final plat approval or waiver of platting or permit issuance.
Failure to provide the information required by this section or failure to have at
teast two (21 potential sites for a soil treatment system on each lot shall be
grounds for denial of the building and septic permits.
F: Shoreland and Floodplain Regulations
The design and installation of any sewage treatment system within a
designated shoreiand or flood plain area shall be in accordance with Section 9.1
of this ordinance and any other applicable federal, state or county shoreland or
floodplain regulations.
G; Maintenance and Operating Regulations of Existing ISTS
1. Residential Maintenance Permit
The owner of every residential dwelling with an ISTS system must
. obtain an ISTS maintenance permit from the City's Building
Inspection Division. An ISTS maintenance permit shall be issued
by the Building Inspection Division only upon successful
completion and proper recording of the sewage system
maintenance log sheet in accordance with 14.6G Subp. 3 of this
ordinance.
2. Commercial and Industrial Operational Permit
The owner of every commercial and industrial ISTS is required to
have an individual sewage treatment system operational permit
for each ISTS from the City's Building Inspection Division. The
operational permit shatl be issued only upon successful
completion of the following requirements:
a. The owner of the ISTS has successfully completed
maintenance on the system in accordance with
14.6G Subp. 3 of this ordinance.
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b. Inspections shail be completed by the City Building
Division to verify water use and suitable effluent
quality for on-site treatment. For an increase in
discharge rate due to a change of use or building
addition, the owner will be responsible to complete
an individual sewage treatment system evaluation by
a Iicensed evaluator to determine capacity of the
existing system. Permits will not be issued if the
existing system is not capable of handling discharge.
c. The owner of the 1STS pays the required permit fee
for each ISTS as set forth by resolution by the City
CounciL
d. A new operational permit is required when a change
of ownership, building use or building addition
occurs.
3. ISTS Maintenance
Upon successful completion of ISTS maintenance the licensed.
pumper/inspector shall submit a sewage system maintenance log
sheet to the Dakota County Environmental Management
Department within 30 days with the appropriate county recording
fee. The log sheet must be completed in its entirety and afl
information recorded must be verified in writing by the signature
and date of the licensed pumper/inspector completing the
maintenance. The log sheet must also state the condition of and
work done on the following:
a. The sewage or septic tank(s) has been thoroughly
pumped by a iicensed pumper to remove all solids
and scum in accordance with the requirements of
Minnesota Rules Chapter 7080.
Exception: Pumping is not required if a licensed
pumper or licensed private inspector determines that
accumulated sludge and scum layers do not exceed
the levels required for pumping per Minnesota Rule
Chapter 7080.
b. An ISTS evaluation is completed by the licensed
pumper/inspector verifying that the baffles and
tank(s) are in working order and in substantial
compliance with Minnesota Rule Chapter 7080 and
if there is any evidence of ISTS surface discharge or
failure.
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4. Duration
The duration of the residential maintenance permit and
commercial and industrial operational permits shall be for two (2)
years and shall be renewed by the owner after fulfilling the
requirements of 14.6G of this ordinance again making application
to the City for such permit. The permit(s) shall be deemed
revoked if the system becomes a failed ISTS.
5. Renewal
If an owner has not renewed the ISTS maintenance or operation
permit(s) as required by 14.6G Subp 4 within 30 days of
expiration of the permit, a late renewal fee as established by
resolution by City Council shall be paid before a permit is issued.
H. Limits on Commercial and Industrial Discharge
No animal waste or commercial waste water or industrial waste water shall be
discharged on the surface or into the sub-surface unless the person allowing
or causing the discharge first obtains a state disposal system permit from the
Minnesota Pollution Controf Agency. Such discharges must comply with the
terms and requirements of the state disposal system permit in order to
continue. An individual sewage treatment system that on the effective date of
this section (14.6) is used for the discharge of animal waste or commercial
waste water or industrial waste water may continue to be used for such
purposes until such system become a faited individual sewage treatment
system or the Minnesota Pollution Control Agency orders discontinuance,
whichever occurs first, then, in such case the new installed systems must
comply with this Section 14.6.
J. Schedule for Initial Permits
The owner of any tSTS within the City shall obtain a maintenance or
operational permit within twelve (12) months of the effective date of this
ordinance and shall maintain said maintenance or operationat permit under the
conditions of Subpart G of 14.6 of this code until use of the individual sewage
treatment system has been abandoned or terminated.
K. Failed Individual Sewage Treatment System
No failed individual sewage treatment system shall be used in the City. The
owner of a failed individual sewage treatment system shall replace, modify or
reconstruct the failed system either in conformance with MPCA Rule 7080 or,
if allowed by the building inspection division, in conformance wifih appendix A
to MPCA Rule 7080; in the alternative, the owner shall permanently discontinue
use of the failed system. Upon application by the owner, the City Council may
allow the failed system to be used up to one (1) year from councit approval of
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the application if the council finds that the failed system is not causing an
imminent danger to the public health, safety and welfare and by reason of
exceptional circumstances the strict enforcement of this Section "L" would
cause undue hardship or strict conformity with Section "L" is impractical ar not
feasible under the circumstances.
L. Penalty
Violation of this section 14.6 shall be a misdemeanor. Presentation tb the city
of any false or intentionally misleading statements, certificates or applications
by the owner or by the certified pumpers or certified designers or installers of
individual sewage treatment systems shaN also be a misdemeanor. A separate
offense shall be deemed committed each day during or upon which a violation
occurs or continues.
M. Inconsistency
If any provision of this Section 14.6 is inconsistent with MPCA Rule 7080, or
Dakota County Ordinance 113, then that provision which is more demanding
or provides a greater level of requirements or restrictions or provides an earlier
date of compliance shall prevail and be controlling. If any provision of this
Section 14.6 is inconsistent with City code, then that provision which is more
demanding or provides a greater level of requirements or restrictions or
provides an earlier date of compliance shall prevail and be controlling.
N. fffective Date
This ordinance shall be in full force and effect from and after its adoption and
publication according to law.
Purnose and In n�
Adopted this day of , 1994.
E. B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published this _ day of , 1994 in Fa_ rmi�t�n Ind�nendPnt.
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