402.1.00: SECTION 1.00 PURPOSE, INTENT, AND AUTHORITY:
402.1.01: PURPOSE: The purpose of this chapter is to establish minimum requirements for regulation of SSTS for the treatment and dispersal of sewage within the city 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.
402.1.02: INTENT: The purpose of this chapter is to achieve and help ensure:
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 contaminants, thereby protecting the degradation of surface water and groundwater quality.
C. The establishment of minimum standards for SSTS placement, design, 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. 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.
402.1.03: AUTHORITY: This chapter is adopted pursuant to Minn. Stat. chs. 115, 145A, 375, or successor statutes, and Minn. R. chs. 7081, 7081, and 7082, or successor rules.
402.2.00: SECTION 2.00 DEFINITIONS: Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings ascribed to them in this section. Unless specifically defined herein, terms used in this chapter 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.
402.2.01: “AS BUILTS" means “record drawings” as defined below.
402.2.02: "CLASS V INJECTION WELL" means a shallow well used to place a variety of fluids directly below the land surface. This includes SSTS that are designed to receive sewage or nonsewage from a two-family dwelling or greater or receive sewage or nonsewage from another establishment that serves more than 20 persons per day. The US 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).
402.2.03: "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 dwellings or buildings.
402.2.04: "CITY" means the City of Sunfish Lake, Minnesota.
402.2.05: "COMMERCIAL AND INDUSTRIAL DISCHARGE" means those wastes that are part of a business’s commercial and/or industrial process and excludes secondary discharge as defined by subsection 2.17 and excludes sewage as defined by Minnesota Rules, part 7080.1100 subpart 74.
402.2.06: "DEPARTMENT" means the City’s Septic System Inspector, regardless of whether a city employee or a city contract consultant, the Septic System Inspector’s staff and any designated agents of the Septic System Inspector. The term Department may also include Dakota County if the City contracts with or otherwise delegates to Dakota County any of the rights or responsibilities of the Department contained in this Chapter 402. (Ord. 2012-01, 3/6/12)
402.2.07: "DESIGN FLOW" means the daily volume of wastewater for which an onsite/cluster system is designed to treat and discharge.
402.2.08: “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(D) and 4(E); and a system not abandoned in accordance with Minn. R. 7080.2500. It also means a MSTS that is not in compliance with Minn. R. 7081.0080 subp. 4. The determination of the threat to groundwater for other conditions must be made by a qualified employee or a licensed inspection business.
402.2.09: "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 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.
402.2.10: "ISTS" means an individual sewage treatment system as defined in Minn. R. 7080.1100, subp. 41.
402.2.11: "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.
402.2.12: "MPCA" means the Minnesota Pollution Control Agency.
402.2.13: "MSTS" means a midsized subsurface sewage treatment system as defined in Minn. R. 7081.0020, subp. 4.
402.2.14: "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 of any of the foregoing, or any other legal entity.
402.2.15: "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.”
402.2.16: "REGISTRATION PERMIT" means the permit issued by the City to register the SSTS or MSTS located within the City for purposes of identifying the SSTS or MSTS, ensuring the required maintenance of the SSTS or MSTS and administering this Chapter.
402.2.17: "SSTS" means a subsurface sewage treatment system as defined in Minn. R. 7080.1100, subp. 82.
402.2.18: "SECONDARY DISCHARGE" means those solids and liquids discharged intermittently which are not part of the business’s commercial and/or industrial process, including, but not limited to, floor drains and overflow from containment areas.
402.2.19: "SHORELAND/FLOODPLAIN AREA" means those shoreland and floodplain areas governed by city code Section 1243.
402.2.20: "STATE" means the State of Minnesota.
402.2.21: "TREATMENT LEVEL" means treatment system performance levels as defined in Minn. R. 7083.4030, Table III for testing of proprietary treatment products.
402.2.22: "TYPE I SYSTEM" means an ISTS designed according to Minn. R. 7080.2200 through Minn. R. 7080.2240, as may be amended from time to time.
402.2.23: "TYPE II SYSTEM" means an ISTS designed according to Minn. R. parts 7080.2250 to 7080.2290, as may be amended from time to time.
402.2.24: "TYPE III SYSTEM" means an ISTS designed according to Minn. R. 7080.2300, as may be amended from time to time.
402.2.25: "TYPE IV SYSTEM" means an ISTS designed according to Minn. R. 7080.2350, as may be amended from time to time.
402.2.26: "TYPE V SYSTEM" means an ISTS an ISTS designed according to Minn. R. 7080.2400, as may be amended from time to time.
402.3.00: SECTION 3.00 GENERAL PROVISIONS:
402.3.01: SCOPE: This chapter regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the City of Sunfish Lake 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 areas 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 chapter or by a system that has been permitted by the MPCA. [Minn. R. 7082.0100, Subp. 3(Q)]
402.3.02 JURISDICTION: This chapter applies to all land within the city.
402.4.00: SECTION 4.00 ADMINISTRATION:
402.4.01: CITY: The department shall administer the SSTS program and all provisions of this chapter. 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 professionals to administer and operate the SSTS program. [Minn. R. 7082.0040]
402.4.02: 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. [Minn. R. 7081.0040, Subp. 1(B)]
A state disposal system permit is also required for any SSTS or group of SSTS that the 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. [Minn. R. 7081.0040, Subp. 1(C)]
402.5.00: SECTION 5.00 GENERAL REQUIREMENTS:
402.5.01: RETROACTIVITY:
A. ALL SSTS. Except as provided in section 5.01(B), all provisions of this chapter shall apply to any SSTS regardless of the date it was originally permitted.
B. EXISTING PERMITS. Unexpired permits, which were issued prior to the effective date of this chapter, shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system ownership. Pursuant to section 402.7.07, system owners will be required to obtain a registration permit upon the expiration of the existing city issued system permit or a change in system ownership, whichever occurs first.
C. 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. [Minn. R. 7082.0100, Supb. 3(F)]
402.5.02: UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT:
A. FAILURE TO PROTECT GROUNDWATER. An SSTS that is determined not be protective of groundwater in accordance with Minn. R. 7080.1500, subp. 4(B) or Minn. R. 7081.0080, subparts 2 or 4 shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this chapter within 10 months of receipt of notice of noncompliance from the department. [Minn. R. 7082.0100, Subp. 1(A)]
B. 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 chapter within 30 days of receipt of notice of noncompliance from the department. [Minn. R. 7082.0100, Subp. 1(B)]
C. 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 chapter and Minn. R. 7080.2500. [Minn. R. 7082.0100, Subp. 3(B)]
D. INSUFFICIENT CAPACITY. In the event that a bedroom addition causes the need for additional capacity, the SSTS shall be increased to sufficient capacity prior to the occupancy of the new bedroom. An SSTS, or any component thereof, that is determined to be undersized, shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this chapter within 12 months of receipt of notice of noncompliance from the department.
402.5.03: 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. [Minn. R. 7082.0100, Subp. 3(I)]
402.5.04: 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 144, are required to submit SSTS inventory information to the United States Environmental Protection Agency and the MPCA. Owners are also required to identify all Class V injection wells in any property transfer disclosures. [Minn. R. 7082.0100, Subp. 3(M)]
402.5.05: SSTS LICENSE REQUIRED: [Minn. R. 7082.0100, Subp. 3(A)]
A. 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.
B. 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
C. EXCEPTIONS. A license is not required for:
1. An individual who is a qualified employee performing work as directed by a state or local government employer;
2. An individual who performs supervised labor or services as an employee of a licensed SSTS business;
3. A farmer who pumps septage from an ISTS that serves dwellings or other establishments that are owned or leased by the farmer and applies septage on land that is owned or leased by the farmer;
4. An individual or business who abandons an SSTS;
5. An individual who maintains a toilet waste treatment device for a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual;
6. An individual who performs tasks identified in the system's management plan that do not require a maintainer or service provider license for a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual; or
7. The owner or designee of a campground or other similar facility who removes and transports sewage wastes from recreational vehicles into a holding or treatment system located on the same property as the facility.
402.5.06: PROHIBITIONS:
A. 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 chapter.
B. 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 chapter 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. [Minn. R. 7082.0100, Subp. 3(H)]
C. 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 chapter.
D. DISCHARGE OF HAZARDOUS OR DELETERIOUS MATERIALS. It is unlawful for any person to discharge into any treatment system regulated under this chapter any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality.
E. LIMITS ON COMMERCIAL AND INDUSTRIAL DISCHARGE. No animal waste or commercial water waste 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 Control Agency. Such discharges must comply with the terms and requirements of the State Disposal System Permit in order to continue. A subsurface sewage treatment system that on March 31, 1996, was 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 becomes a failed subsurface 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 city code title 8, chapter 5.
F. CLASS V INJECTION WELLS. Class V motor vehicle waste disposal wells and large capacity cesspools are specifically prohibited (See 40 CFR Parts 144 and 146).
402.5.07: 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.
402.6.00: SECTION 6.00 SSTS STANDARDS:
402.6.01: STANDARDS ADOPTED BY REFERENCE: Minn. Stat. § 115.55 and Minn. R. chs. 7080 and 7081 and all other referenced laws and rules, as may be amended from time to time, are adopted by reference and made a part of this chapter as if fully set forth herein. [Minn. R. 7082.0100, Subp. 3(C)]
402.6.02: AMENDMENTS TO THE ADOPTED STANDARDS:
A. DETERMINATION OF HYDRAULIC LOADING RATE AND SSTS SIZING. Table IX from Minn. R. 7080.2150, subp. 3(E) 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. ch. 7080.2150, subp. 3(E) 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 Percolation Tests are hereby adopted by reference as if fully set forth herein and shall both be used to size SSTS infiltration areas using the larger sizing factor of the two for SSTS design.
B. HOLDING TANKS. Holding tanks may be used for the following applications only after it can be shown conclusively by the property owner that a SSTS permitted under this chapter cannot be feasibly installed:
1. As a replacement for an existing failing SSTS;
2. For an SSTS that poses an imminent threat to public health or safety; or
3. For use with buildings with limited water use.
C. EFFLUENT SCREENS. When provided pursuant to Minnesota Rules, part 7080.1930, subparts 2 or 3, effluent screens must be sized and utilized in accordance with the screen manufacturer’s recommendations. The effluent screens must be of the non-bypass type and have certified documentation that shows at least three years successful field-testing and operation or that the screen meets the design standard for effluent screens in ANSI/NSF Standard 46. The documentation must show the effluent screen has continuously lowered the total suspended solids by a minimum of 30 percent and that under normal use the screen is capable of obtaining a minimum of 3 years between maintenance intervals.
The effluent screens must be placed within or following the last sewage tank or sewage tank compartment before distribution to the drainfield and be installed in accordance with the screen manufacturer’s installation instructions. Effluent screens shall be properly cleaned, at the time of each tank pump out, by washing the screen waste into the septic tank or, if rinse water is not available, exchanged with a clean effluent screen.
402.6.03: COMPLIANCE CRITERIA FOR EXISTING SSTS:
A. 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. [Minn. R. 7082.0100, Subp. 1(D)].
B. SSTS built after March 31, 1996, or SSTS located in a shoreland area, wellhead protection area, or serving a food, beverage, or lodging establishment as defined under Minn. R. 7080.1100, supb. 84 must have a three-foot vertical separation between the bottom soil infiltrative surface and the periodically saturated soil 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.
402.6.04: HIGHEST STANDARDS PREVAIL: Where the conditions imposed by a provision of this chapter 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 more restrictive standard for the promotion and protection of the public health, safety, and general welfare shall prevail.
402.7.00: SECTION 7.00 SSTS PERMITTING: [Minn. R. 7082.0100, Subp. 3(E)]
402.7.01: PERMITS REQUIRED:
- PERMIT REQUIRED. It is unlawful for any person to maintain, construct, install, modify, or replace a SSTS in the city without the appropriate permit from the department. [Minn. R. 7082.0100, Subp. 3(Q)]
B. PERMITTING NOT EXCLUSIVE. The obtaining of a city permit shall not be deemed to exclude the necessity of obtaining other appropriate permits or approvals from other agencies or departments. Compliance with the provisions of this chapter shall not relieve any person of the need to comply with any and all other applicable rules, regulations, and laws.
402.7.02: CONSTRUCTION PERMIT:
- 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 treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. [Minn. R. 7082.0100, Subp. 3(O)]
B. 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. [Minn. R. 7082.0100, Subp. 3(O)]
C. 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.
D. CONTENTS OF PERMIT APPLICATION. The permit application shall include the following:
- The names, addresses, and telephone numbers of the applicant and permittee;
- The property identification number and address or other description of the real property on which the system will be located;
- A site evaluation report as described in Minn. R. 7080.1730 or Minn. R. 7081.0200 and for MSTS a groundwater report as described in Minn. R. 7081.0210 subp.6.;
- A design report as described in Minn. R. 7080.2430 or 7081.0270 subp. 11;
- The infield verification as described in Minn. R. 7082.0500, subp. 3(A);
6. A management plan as described in Minn. R. 7082.0600 and section 7.03 of this chapter; and
7. Copies of any required municipal, county, state, or federal permits or approvals.
E. APPLICATION FEE. The application fee as set forth in the City Fee Schedule shall accompany the permit application.
F. 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 detailing the changed conditions prior to initiating or continuing construction, modification, or operation. The department shall review the amended application and either approve or deny the application.
G. 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.
H. 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 system was completed in 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.
I. 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.
J. 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.
K. 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.
L. CONFLICT OF INTEREST.
1. 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 SSTS.
2. 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. [Minn. R. 7082.0700, Subp. 2(B)]
M. SUSPENSION OR REVOCATION. The department may suspend or revoke a construction permit issued under this section for any false statements, misrepresentations of facts on which the construction permit was issued, or violation of this chapter, or unauthorized changes to the system design that 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. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the permit holder pursuant to Section 402.11.07. If suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid construction permit is obtained or reinstated.
N. DISPUTE RESOLUTION. If a documented discrepancy arises on the depth of the periodically saturated soil for SSTS design purposes between licensed businesses or between a licensed business and the department, all disputing parties must follow the dispute resolution procedure described in Minn. R. 7082.0700, subp. 5 [Minn. R. 7082.01000, subp. 5(N)]
402.7.03: MANAGEMENT PLAN: [Minn. R. 7082.0100, Subp. 3(J)]
A. PURPOSE. The purpose of management plans is to describe how a particular SSTS is intended to be 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.
B. 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.
C. REQUIRED CONTENTS. Management plans shall include:
1. Operating requirements describing tasks that the owner can perform and tasks that a licensed service provider or maintainer must perform;
2. Monitoring requirements;
3. Maintenance requirements including maintenance procedures and a schedule for routine maintenance;
4. Statement that the owner is required to notify the department when the management plan requirements are not being met;
5. Disclosure of the location and condition of the additional soil treatment and dispersal area on the owner’s property or a property serving the owner’s residence; and
6. Other requirements as determined by the department.
402.7.04: OPERATING PERMIT: [Minn. R. 7082.0100, Subp. 3(K)]
A. 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), Minn. R. 7080.2400 (Type V 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 records drawings of the treatment system, and a valid operating permit is issued to the owner.
B. 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.
C. CONTENTS OF PERMIT APPLICATION. The permit application shall include the following:
- The names, addresses, and telephone numbers of the applicant and permittee;
- The construction permit reference number and date of issue;
- The final record drawings of the treatment system; and
- Owners of holding tanks must submit a copy of a valid executed monitoring and disposal contract with a licensed maintenance business.
D. APPLICATION FEE. The application fee shall accompany the permit application.
E. 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 a timely manner that prevents an illegal discharge in accordance with Minn. R. 7082.0100, 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. 2(b)(3), provided a written statement is first filed by the exempt owner with the department certifying an awareness of the state requirements for land application of septage and that said guidelines will be followed.
F. 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.
G. PERMIT TERMS AND CONDITIONS. The operating permit shall include the following:
1. System performance requirements;
2. System operating requirements;
3. Monitoring locations, procedures and recording requirements;
4. Maintenance requirements and schedules;
5. Compliance limits and boundaries;
6. Reporting requirements;
7. Department notification requirements for noncompliant conditions;
8. Valid contract between the owner and a licensed maintenance business;
9. Disclosure, location, and condition of acceptable soil treatment and dispersal system site; and
10. Descriptions of acceptable and prohibited discharges. [Minn. R. 7082.0600, Subp. 2(B)]
H. PERMIT EXPIRATION AND RENEWAL.
- The duration of the operating permit shall be for three years. The permit shall be deemed revoked if the system becomes a failed subsurface sewage treatment system.
- 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 which time the permit is renewed. If not renewed within 60 calendar days of the expiration date, the department may require that the system be abandoned.
- 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.
- Application for permit renewal shall be made on a form provided by the department including:
a. The names, addresses, and telephone numbers of the applicant and permittee;
b. Reference number of previous operating permit;
c. Any outstanding compliance monitoring reports as required by the operating permit;
d. Certified treatment system inspection signed and/or sealed by a certified designer, maintenance contractor, or operator at the discretion of the department;
e. Any revisions made to the operation and maintenance manual; and
f. Any applicable fees as set forth in the City Fee Schedule.
I. 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 exists. To consider the new owner’s application, the department may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee.
J. COMPLIANCE MONITORING.
1. Performance monitoring of a SSTS shall be performed by a licensed service provider hired by the holder of the operating permit in accordance with the monitoring frequency and parameters stipulated in the permit.
2. A monitoring report shall be prepared and certified by the licensed service 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.
K. INITIAL PERMITS FOR EXISTING SYSTEMS. An operating permit is required for all existing holding tanks and existing performance based treatment systems, including but not limited to systems having aerobic treatment tanks, and existing treatment systems with flows from 5,000 to 10,000 gallons per day. Owners of such systems shall obtain initial operating permits no later than January 1, 2012; except that if an owner holds a valid operational permit for such a system that was issued prior to the adoption of this chapter, then the expiration date of the operational permit shall be the deadline for obtaining an initial operating permit.
L. SUSPENSION OR REVOCATION. The department may suspend or revoke any operating permit issued under this section for any false statements, misrepresentations of facts on which the operating permit was issued, or violation of this chapter, or non-compliance with permit conditions, or system that is found to be an imminent threat to the environment or to the public health, safety or welfare. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the owner pursuant to Section 402.11.07. If suspended or revoked, the department may require that the treatment system be removed from service, operated as a holding tank, or abandoned in accordance with section 8.00. At the department’s discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions.
M. LIMITS ON TYPE IV AND TYPE V SYSTEMS. Type IV and Type V systems conforming to the requirements of this chapter are limited to the following installations:
1. Tanks with a capacity not exceeding 2000 gallons may be used for collection of secondary discharge not suitable for on-site treatment.
2. Replacement of failed individual sewage treatment systems on existing uses when no other means of treatment is possible.
402.7.05: DUTY TO COMPLY WITH PERMIT CONDITIONS: The permittee shall comply with all conditions stated in any permit issued by the department under this chapter. Failure of the permittee to do so is a violation of this chapter and is subject to the penalties provided herein.
402.7.06: 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 every three (3) years. Solids must be removed when their accumulation meets the limit described in Minn. R. 7080.2450. [Minn. R. 7082.0100, Subp. 3(L)] (Ord. No. 2012-01, 3/6/12)
402.7.07: REGISTRATION PERMITS: A registration permit is required for all treatment systems in the City.
A. EXISTING CITY ISSUED PERMITS. Pursuant to section 402.5.01(B), any previously issued city permit for a treatment system shall remain in effect until its expiration date or any change in system ownership, whichever occurs first. Upon the expiration of the existing permit or change in system ownership, whichever the case may be, the owner of the system must obtain a registration permit for the system from the department, in addition to any other permits required by law for the system.
B. REGISTRATION PERMIT DURATION. The duration of a registration permit is three years. (Ord. No. 2012-01, 3/6/12)
C. ELIGIBILITY FOR REGISTRATION PERMIT. The department shall issue a registration permit only if the following requirements are met:
1. The owner of the treatment system has caused a licensed business to show evidence to the department in the form of a written report from the licensed business that the treatment system has been pumped within twelve months prior to the expiration of the existing City issued permit in the case of the system owner’s initial registration permit or the expiration any registration permit, in the case of the system owner’s subsequent registration permits.
2. The owner of the treatment system pays the required registration permit fee, if any.
D. REGISTRATION PERMIT FEE. No fee shall be imposed if the initial registration permit is obtained prior to the expiration of the existing city issued permit. Thereafter, no fee shall be required for any subsequent registration permit if the subsequent registration permit is obtained prior to the expiration of the existing registration permit. If the system owner allows the existing city issued permit or any registration permit to expire, the fee for the registration permit shall be the fee set forth in the Fee Schedule and must be paid by the system owner prior to issuance of a registration permit.
E. APPLICATION FOR REGISTRATION PERMIT. Registration permit applications shall be submitted to the department on forms provided by the department. Applications shall provide the information set forth in section 402.7.07(F).
F. CONTENTS OF REGISTRATION PERMIT APPLICATION. The registration permit application shall include the following:
1. The names, addresses, and telephone number of the permittee; and
2. The property identification and address or other description of the real property on which the system will be located.
402.8.00: SECTION 8.00 ABANDONMENT CERTIFICATION: [Minn. R. 7082.0100, Subp. 3(B)]
402.8.01: PURPOSE: The purpose of the system abandonment certification is to ensure that a treatment system no longer in service is abandoned following decommissioning and in a manner that protects public health, safety, and water quality. The certification also terminates all permits associated with the SSTS.
402.8.02: ABANDONMENT REQUIREMENTS:
A. 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.
B. Abandonment shall be completed in accordance with Minn. R. 7080.2500.
C. An abandonment certificate shall be filed with the department on the “SSTS Abandonment Reporting Form” provided by the MPCA. The report shall include:
1. Owner’s name and contact information;
2. Property address;
3. System construction permit and operating permit;
4. The reason(s) for abandonment; and
5. 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.
402.9.00: SECTION 9.00 COMPLIANCE MANAGEMENT:
402.9.01: [RESERVED]
402.9.02: COMPLIANCE INSPECTION PROGRAM: [Minn. R. 7082.0700]
A. DEPARTMENT RESPONSIBILITY. It is the responsibility of the department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this chapter are met.
1. SSTS compliance inspections must be performed:
a. To ensure compliance with applicable requirements;
b. For all new SSTS construction or replacement; and
c. For an evaluation, investigation, inspection, recommendation, or other process used to prepare a disclosure statement if conducted by a party who is not the SSTS owner. Such an inspection constitutes a compliance inspection and shall be conducted in accordance with Minn. R. 7082.0700 using the SSTS inspection report forms provided by the MPCA.
2. All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors.
3. The department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph, “property” does not include a residence or private building.
4. No person shall hinder or otherwise interfere with the department’s employees or agents in the performance of their duties and responsibilities pursuant to this chapter. Refusal to allow reasonable access to the property by the department or its agent shall be deemed a violation of this chapter.
B. NEW CONSTRUCTION OR REPLACEMENT.
1. Compliance inspections must be performed on new or replacement SSTS to determine compliance with Minn. R. chs. 7080 or 7081SSTS found to be noncompliant with other applicable requirements must be repaired or replaced according to the department’s requirements.
2. It is the duty of the permit holder or agent of the permit holder to notify the department at least one working day prior to any required inspection of work authorized by the construction permit. The work shall remain accessible and exposed until inspected and approved by the department. Inspections are required:
a. After ground surface preparation for a mound system, but prior to placing sand fill;
b. After all tanks, distribution media, piping, equipment and devices are in place, but prior to backfill;
c. For building sewer inspection and testing in accordance with Minnesota Rules, parts 4715.2800 and 4715.2820;
d. Final Inspection after all work is complete including final grading and erosion protection; and
e. As may otherwise be required by the department to ascertain compliance with the provisions of this chapter and other laws enforced by the department.
3. A certificate of compliance for new SSTS construction or replacement shall be issued by the department if the department has reasonable assurance that the SSTS was built in accordance with the applicable requirements as specified in the construction permit.
4. The certificate of compliance must include a certified statement by the certified inspector or qualified employee who conducted the inspection that the SSTS is or is not in compliance with the chapter requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must be issued to the owner that includes a statement specifying those chapter provisions with which the SSTS does not comply.
5. No SSTS maybe placed into operation until a valid certificate of compliance has been issued.
6. Certificates of compliance for new construction or replacement shall remain valid for five years from the date of issue unless the department finds evidence of an imminent threat to public health or safety requiring removal and abatement under Minn. Stat. §145A.04, subd. 8.
C. EXISTING SYSTEMS.
1. Compliance inspections shall be required when any of the following conditions occur:
a. When a construction permit is required to repair, modify, or upgrade an existing system;
b. Anytime there is an expansion of use of the building being served by an existing SSTS which may impact the performance of the system;
c. Anytime there is a change in the use of the property being served by an existing SSTS which may impact the performance of the system;
d. When an operating permit is to be renewed;
e. Prior to the sale or transfer of real property served by an existing SSTS if required by section 9.02(D)(1)(a) below;
f. During systematic shoreland or area-wide SSTS surveys by the department;
g. At anytime as required by this chapter or the department deems appropriate such as upon receipt of a complaint or other notice of system malfunction; and
h. Prior to the issuance of a building permit or variance for a bedroom addition on property served by an existing system; unless temporarily waived by the department for a bedroom addition permit for which the application is filed during the period from November 1 to April 30, provided a compliance inspection is performed by the following June 1 and the applicant submits a certificate of compliance by the following September 30.
2. Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by the MPCA. An inspection for existing SSTS must verify the conditions in subitems (a) to (c).
a. Sewage tanks must be assessed for leakage below the operating depth. A leakage report must be completed that includes the method(s) used to make the assessment. The assessment must be made by a licensed SSTS business (except a design business) hired by the system owner. A passing report is valid for three years unless the certified individual has reason to believe that a new inspection is to be conducted and the tank is found not to be watertight.
b. The vertical separation distance from the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock. This verification must be achieved by either conducting soil borings or by prior verifications by two independent parties. The soil borings used for system design or previous inspections qualifies as a verification. A vertical separation distance report must be completed that includes the method(s) used to make the assessment and includes any previous soil borings. The assessment must be made by a licensed SSTS business hired by the system owner. If the verification separation report consists of verifications by two independent parties, a subsequent verification is not required unless the inspector has reason to believe a noncompliant condition exists.
c. If a documented discrepancy arises on the depth of the periodically saturated soil between licensed businesses or between a licensed business and the department for SSTS compliance purposes, all disputing parties must follow the dispute resolution procedure described in Minn. R. 7082.0700, subp. 5. [Minn. R. 7082.0100, Subp. 3(N)]
d. Sewage backup, surface seeping or surface discharge from the system must be determined. A hydraulic function report must be completed that includes the method(s) used to make the assessment. The assessment must be made by a licensed inspection business hired by the system owner. A passing report is valid until a new inspection is requested or if the hydraulic performance is believed to have changed.
3. A certificate of compliance shall be based on the results of the verifications in section 9.02(C)(2). The certificate of compliance must include a certified statement by a licensed inspection business whether the SSTS is in compliance with the chapter requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must include a statement specifying those chapter provisions with which the SSTS does not comply. A construction permit application must be submitted to the department if the required corrective action is not a minor repair.
4. The certificate of compliance or notice of noncompliance must be submitted to the department and the property owner or owner’s agent no later than 15 calendar days after the date the inspection was performed. The department shall deliver the certificate of compliance or notice of noncompliance to the owner or the owner’s agent within 15 calendar days of receipt from the licensed inspection business.
5. Certificates of compliance for existing SSTS shall remain valid for three years from the date of issue unless the department finds evidence of an imminent threat to public safety requiring removal and abatement under Minn. Stat. § 145A.04, subd. 8.
6. The department may waive a compliance inspection required by section 9.02(C)(1) if:
a. The owner of the real property served by an existing SSTS acknowledges in writing to the department that the existing SSTS is failing and shall be upgraded, repaired, replaced or abandoned in accordance with this chapter within 10 months; or
b. The owner of the real property served by an existing SSTS acknowledges in writing to the department that the existing SSTS is an imminent threat to public health or safety and shall be upgraded, repaired, replaced or abandoned in accordance with this chapter within 30 days.
D. PROPERTY TRANSFER/SALE REQUIREMENTS.
1. No owner or other person acting with legal authority on behalf of an owner of real property served by an existing SSTS may sell or transfer to another party said real property unless the following requirements are met:
a. A compliance inspection has been performed and a certificate of compliance has been issued for the SSTS within three years if the SSTS is older than five years or within five years if the SSTS is less than five years old prior to the intended date of sale or transfer of the real property, unless evidence is found identifying an imminent threat to public health and safety. If this requirement cannot be met, a compliance inspection must be conducted in accordance with section 9.02(C) above.
b. The compliance inspection must have been performed following the procedures described in section 9.02(C) by the licensed inspection business hired by the system owner.
c. The seller/transferor of the real property must provide the disclosure required by Minn. Stat. § 115.55, subd. 6.
d. If the seller/transferor fails to provide a certificate of compliance, the seller/transferor shall provide the buyer/transferee sufficient security in the form of an escrow agreement to assure the installation of a complying SSTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney, or federal or state chartered financial institution. The amount escrowed shall be equal to 125% of a written estimate to install a complying SSTS provided by a licensed and certified installer, or the amount escrowed shall be equal to 110% of the written contract price for the installation of a complying SSTS provided by a licensed and certified installer. After a complying SSTS has been installed and a certificate of compliance issued, the seller/transferor or the buyer/transferee shall provide the escrow agent a copy of the certificate of compliance.
2. The compliance portion of the certificate of compliance need not be completed if the sale or transfer involves the following circumstances:
a. The affected real property is without buildings or contains no dwellings or other buildings with plumbing fixtures.
b. The transfer is a tax forfeiture.
c. The sale or transfer completes a contract for deed or purchase agreement entered into prior to the effective date of this chapter. This subsection applies only to the original vendor and vendee on such contract.
3. All real property sales or transfers subject to this chapter occurring during the period between November 15th and April 15th when SSTS compliance cannot be determined due to frozen soil conditions shall require a winter agreement, which includes an application for an SSTS permit and an agreement to complete a compliance inspection by the following June 1st by a licensed inspection business. If upon inspection the SSTS is found to be in compliance, the permit fee will be refunded. If upon inspection the system is found to be noncompliant, an escrow agreement must be established in accordance with section 9.02(D)(1)(d) above and the system upgraded.
4. The responsibility for filing the completed compliance portion of the certificate of compliance under section 9.02(D)(1) above or for upgrading a system found to be noncompliant shall be determined by the seller/transferor and the buyer/transferee. The seller/transferor and the buyer/transferee shall provide the department with a signed statement indicating responsibility for completing the compliance portion of the certificate of compliance and for upgrading a system found to be noncompliant.
5. The issuance of permits, certificates of compliance or notices of noncompliance as requested or issued shall not be construed to represent a guarantee or warranty of the system’s operation or effectiveness. Such certificates signify that the system in question is or has been designed and installed in compliance or noncompliance with the provisions of this chapter.
E. CONFLICT OF INTEREST. 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. A licensed inspection business working on behalf of a municipality must not design or install a system if there is likelihood that the inspector or business will be responsible for permitting or inspecting the system or system site. A person working for or on behalf of a municipality shall not use the person’s position to solicit for private business gain. [Minn. R. 7082.0700, Subp. 2(B)]
402.10.00: SECTION 10.00 VARIANCES:
402.10.01: VARIANCES ALLOWED: [Minn. R. 7082.0100, Subp. 3(D)]
With the exception of section 10.02 below, 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 chapter, the city council 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.
402.10.02: PROHIBITED VARIANCES: The city council may not grant variances from the following standards:
A. Minn. R. 7080.2150, subp. 2.
B. 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.
C. 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.
402.10.03: PROCEDURE FOR REQUESTING VARIANCE:
A. APPLICATION FOR VARIANCE. A variance application shall be submitted by the property owner to the department on forms provided by the department. Applicants shall provide all information as required for the administration of this chapter.
B. CONTENTS OF VARIANCE APPLICATION. The variance application shall include development plans and specifications and such other information as may be required by other sections of this chapter or by the department. The application shall also include:
1. The legal description of the real property on which the system will be located;
2. The names, addresses and telephone numbers of the owners of the property or any person having a legal interest therein;
3. A site plan showing all pertinent dimensions, buildings, structures and significant natural features having an influence on the variance;
4. Copies of any required municipal, county, state, or federal permits or approvals;
5. A statement identifying the specific provision(s) in the chapter from which the variance is requested;
6. The reasons why compliance with the provision(s) is difficult or inappropriate;
7. The alternative measures that will be taken to ensure a comparable degree of compliance with the intention of the applicable provision(s);
8. The length of time for which the variance is requested;
9. Cost considerations; and
10. Other relevant information requested by the department as necessary to properly evaluate the variance request.
C. APPLICATION FEE. The application fee shall accompany the initial application for a variance request.
D. SITE INVESTIGATION. Upon receipt of the variance application, the department shall decide if a site investigation conducted by the department is necessary. After the necessary information has been gathered, the department shall make a written recommendation to approve or deny the variance to the city council.
E. NOTIFICATION. The city shall give written notice of the variance application which shall be published in the designated official newspaper for the city at least 10 days but not more than 30 days prior to the date of the meeting at which the variance application will be considered by the city council. An identical notice shall be mailed to the property owners and each of the property owners within 350 feet of the affected property at least 10 days before the meeting. The city council shall either approve or deny the variance request within the time limit established by Minnesota Statute 15.99.
F. FACTORS REQUIRED FOR APPROVAL. The variance may be granted provided that:
1. The conditions causing the demonstrated hardship are unique to the property and were not caused by the action of the applicant;
2. The granting of the variance will not be contrary to the public interest or damaging to the rights of other person or to property values in the vicinity;
3. The property owner would have no reasonable use of the land without the variance;
4. The granting of the variance would not allow a prohibited use; and
5. The granting of the variance would be in accordance with Minn. R. chs. 7080, 7081, and 7082.
G. CONDITIONS. The city council may impose conditions in granting the variance to ensure compliance and to protect the public health, safety, or welfare. Each violation of any condition set forth in the variance shall be a separate violation of this chapter subject to enforcement and shall be sufficient grounds for terminating the variance.
H. DENIAL OF VARIANCE. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six months from the date of said denial, except on the grounds of relevant new evidence or proof of a significant change of conditions.
I. APPEAL. Any person aggrieved by the decision of the city council may appeal the decision to any court with appropriate jurisdiction.
402.11.00: SECTION 11.00 VIOLATIONS:
For violations of this chapter, the city may take the following actions:
A. issuance of a warning notice;
B. issuance of a notice of violation;
C. issuance of a citation or complaint;
D. issuance of a cease and desist or stop work order;
E. abatement;
F. suspension or revocation of a permit issued under this chapter;
G. execution of a stipulation agreement; and/or
I. commencement of other civil proceedings.
402.11.01: WARNING NOTICE: The department may issue a warning notice to any person alleged to have committed a violation of this chapter. A warning notice shall serve to place the person on notice that compliance with specified chapter requirements must occur to avoid additional enforcement actions. Service of the warning notice shall be made by first class mail or by personal service. The warning notice shall contain:
A. A list of violations, including the chapter section(s), rule(s), or statute(s) violated, the factual basis for the violations, and the date of the violations.
B. The specific action(s) required to be taken by the person to correct the violations and the timeframes within which the corrections are required to be made.
C. A general description of the additional administrative and judicial enforcement actions that could be pursued by the department if the alleged violations are not satisfactorily corrected.
402.11.02: NOTICE OF VIOLATION (NOV): The department may issue a notice of violation (NOV) to any person alleged to have committed a violation of this chapter. A NOV shall serve to place the person on notice that compliance with specified chapter requirements must occur to avoid additional enforcement actions. Service of the NOV shall be made by certified mail or by personal service. The notice of violation shall contain:
A. Findings of fact with corresponding conclusions of law, which describe the alleged violations and the corresponding chapter section(s), statute(s), and/or rule(s) which are allegedly violated.
B. Orders for corrective actions, which describe specifically how each alleged violation must be corrected and the timeframes within which the corrections are required to be made.
C. Notice of further action, which describes in general terms, the additional administrative and judicial enforcement actions that could be pursued by the department if the alleged violations are not satisfactorily corrected.
402.11.03: CITATIONS: Any person who fails to comply with the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
An authorized representative of the department shall have the power to issue citations for violations of this chapter, but shall not be permitted to physically arrest or take into custody any violator.
A formal complaint may be issued in lieu of a citation as determined by the city attorney.
402.11.04: 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:
A. ABATEMENT NOTICE. The department shall serve an abatement notice on the property owner or occupant.
1. Contents of Abatement Notice. An abatement notice shall include the following:
a. Notice that there is a SSTS located on the property and that it constitutes a public health nuisance.
b. Notice that the property owner must abate the public health nuisance within a specified time period not to exceed 10 calendar days in order to avoid any liability for the costs of inspection and abatement that the city may incur.
c. Notice that if the property owner fails to abate the public health nuisance within the specified timeframe, the department or its agent intends to enter the property and commence abatement of the public health nuisance and assess the costs of inspection and abatement against the real property on which the nuisance is located.
2. Service. The abatement notice must be served on a property owner by certified mail or personal service. Service by certified mail shall be deemed complete upon mailing. If the property owner is unknown or absent and has no known representative upon whom notice can be served, the department shall post a written or printed notice in a conspicuous place on the property stating that, unless the public health nuisance is abated within a period not longer than 10 days, the department will have the nuisance abated at the expense of the owner.
B. ABATEMENT BY THE CITY. In the event a property owner does not abate the public health nuisance, the department may expend funds necessary to abate the nuisance as set forth in this Chapter.
C. ASSESSMENT OF ABATEMENT COSTS.
1. The costs of an enforcement action under this section may be assessed and charged against the real property on which the public health nuisance was located.
2. Failure to Abate; Abatement by City; Costs: The property owner’s failure to abate the nuisance within the time limit stated in section 402.11.04-A shall authorize the department to the nuisance abated. The City may then charge all costs of abatement to the property owner and bill the property owner directly for such costs. If the owner does not pay the bill the costs due may be assessed. Failure by the property owner to abate the nuisance with the time period specified in 402.11.04-A is a violation of this chapter and shall be punishable as a misdemeanor.
3. Record of Costs: The department shall keep a record of the costs of abatements done under this Chapter and shall report monthly to the finance department and clerk all work done for which billings and assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount chargeable to each.
4. Assessment of Costs: On or before September 1 of each year, the clerk and finance department shall list the total unpaid charges for each abatement against each separate lot or parcel to which the charges are attributable under this Chapter. The city council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota statutes section 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes.
402.11.05: CEASE AND DESIST ORDERS: Cease and desist orders (including “stop work orders”) may be issued when the department has probable cause that an activity regulated by this chapter or any other provision of the city code is being or has been conducted without a permit or in violation of a permit. When work has been stopped by a cease and desist order, it shall not be resumed until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the cease and desist order lifted.
402.11.06: 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.
402.11.07: SUSPENSION, REVOCATION OR DENIAL OF PERMIT: For the grounds set forth in this chapter including, but not limited to sections 402.7.02(M) and 402.7.04(L), the department may suspend, revoke or deny a permit issued under this chapter for violations of this chapter. In the case of the suspension, revocation or denial of an operating permit, the department shall give notice of the suspension, revocation or denial to the property owner. In the case of the suspension, revocation, or denial of a construction permit, the department shall give notice of the suspension, revocation or denial to the permit holder or permit holder’s agent.
The property owner, permit holder or permit holder’s agent, whichever the case may be, shall be granted a public hearing upon at least ten (10) days’ notice before suspension, revocation or denial is ordered by the department.
For purposes of the subsection, “notice” shall mean, in the case of a property owner, written notice served upon the property owner personally or by leaving the same at the property owner’s usual place or abode with someone of suitable age and discretion and in the case of a permit holder or permit holder’s agent, by leaving the same at the permit holder or permit holder’s business with the person in charge thereof.
The notice shall state the time and location of the hearing and shall state the grounds for suspension, revocation or denial. No suspension, revocation or denial shall take place until the property owner or permit holder or permit holder’s agent, whichever the case may be, has been afforded an opportunity for a hearing with an opportunity to be heard and present evidence. The matter shall be heard by the city council, which shall issue written findings supporting the suspension, revocation or denial within thirty (30) days.
Any property owner or permit holder or permit holder’s agent, whichever the case may be, aggrieved by the decision of the city council may appeal that decision to any court with appropriate jurisdiction within fifteen (15) days of the date of the city council’s findings.
402.11.08: COMMENCEMENT OF CIVIL COURT ACTION: In the event of a violation or threat of violation of this chapter, the city council 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.
402.11.09: CORRECTION NOTICE: When an inspection of the work authorized by a construction permit finds that the work fails to comply with the standards adopted by this chapter, the department may issue a written correction notice to the permit holder or the permit holder’s agent. The notice shall describe the deficiencies or violations that must be corrected or completed before the inspection may be approved.
402.12.00: [Reserved]
402.13.00: [Reserved]
402.14.00: SECTION 14.00 RECORD KEEPING AND ANNUAL REPORT:
402.14.01: RECORD KEEPING: The department shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, an annual list of all sewage tanks installed in the department’s jurisdiction sorted by licensed installation businesses, and other records relevant to each system. [Minn. R. 7082.0300, Subp. 4]
402.14.02: ANNUAL REPORT: The department shall provide an annual report of SSTS permitting activities to the MPCA in accordance with the requirements set forth in Minn. R. 7082.0040, subp. 5, as may be amended from time to time. [Minn. R. 7082.0040, Subp. 5]
402.15.00: SECTION 15.00 SEVERABILITY: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.
402.16.00: SECTION 16.00 REMEDIES CUMULATIVE: No remedy set forth in this chapter is intended to be exclusive but each such remedy shall be cumulative and in addition to other remedies now or hereafter existing at law or in equity. No delay in the exercise of ay remedy for violation of this chapter shall later impair or waive any such right or power of the city.
402.17.00: SECTION 17.00 SitE Evaluation for Platting or Waiver of Platting: For all lots in unsewered areas that require platting or a waiver of platting, the landowner shall submit to the city a soil boring and analysis report prepared by a licensed designer or professional engineer trained in subsurface sewage treatment systems. The analysis shall show the existence of an adequate land area of suitable soils that will accommodate at least two sites for a soil treatment system on each lot, taking in account depth to water table, soil types and conditions, topographic features, flooding potential and mandatory setback requirements, as dictated by city ordinance and any applicable state and federal regulations. The evaluation of the soils and the soil borings as well as the two potential locations of the on-site subsurface sewage treatment system shall be submitted to the department for review and approval prior to any preliminary or final plat approval or waiver of platting being given for the subject property. Failure to provide the information required by this section or failure to have at least two potential sites for a soil treatment system on each lot shall be grounds for denial of the plat or grounds for denial of the waiver of platting.
402.18.00: SECTION 18.00 Conflicting provisions: If any provision of this chapter is inconsistent with Minnesota Rules, chapters 7080, 7081, 7082, 7083, or Dakota County Ordinance No. 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.
402.19.00: SECTION 19.00 MISDEMEANOR VIOLATION: Any person violating this Chapter is guilty of a misdemeanor and subject to the penalties set forth in City Code Section 104.02. Moreover, presentation to the city of any false or intentionally misleading statements, certificates, or applications by the owner or by the licensed designers or licensed installers or licensed inspectors or licensed maintainers or licensed service providers of subsurface sewage treatment systems shall also be a misdemeanor.
(Entirety of Chapter 402 adopted by Ord. 10-03; 11/09/10)