(A) License required. No person shall design, install, maintain, pump, repair, replace, extend, or provide service to, or inspect a SSTS which is located within the city without a license first issued pursuant to M.S. § 115.56.
(B) Permit and plan.
(1) Permit required. No person shall newly construct, replace, extend or repair a SSTS without first obtaining a permit therefor from the city. Any new construction or replacement or repair of a SSTS or an upgrade required due to a bedroom addition shall be in compliance with the state requirements adopted herein. No Type IV, Type V or MSTS system or any SSTS system constructed in accordance with approved alternative standards shall serve or be utilized on a property unless an operating permit from the city is in effect.
(2) Permit application. The application for a permit hereunder shall be in writing and submitted to the city's Chief Building Official on a form as the city shall provide, including the following information:
(a) A certified written site evaluation report in accordance with Minnesota Rules, Chapters 7080 and 7081 and this chapter; and
(b) A certified design report, including drawings, calculations and summary of all of the SSTS components.
(c) For any lot created after January 23, 1996, a certified lot survey depicting the location of two soil treatment and dispersal areas on the lot that support the proposed SSTS.
(d) For any newly constructed or replacement SSTS, a management plan that shall set forth the frequency of maintenance tasks including solids removal, not to exceed every three years, monitoring of maintenance and operation, requirement of owner to notify the city when the SSTS is not in compliance or is abandoned, and requirement of owner to file with the Building Inspections Department all maintenance records or reports.
(3) Issuance of permit. No permit shall be issued under this section unless the application establishes that the SSTS will be in compliance with the state requirements adopted herein. The permit application, along with all exhibits thereto, shall be reviewed and certified by a licensed compliance inspector authorized by the city that the proposed system to be constructed or the replaced, repaired or upgraded system will meet the applicable state requirements. The construction, replacement, repair or upgrade of a SSTS may be initiated only upon the issuance of the permit. No newly constructed, repaired, replaced or upgraded SSTS may be used until a certificate of compliance is issued by a compliance inspector in accordance with this chapter.
(4) Bedroom addition building permit or variance. The city shall not issue a building permit for an addition of a bedroom on property served by SSTS except upon receipt of a certificate of compliance. The city may temporarily waive the certificate of compliance requirement for a building permit or variance for an application made during the period of November 1 through April 30, provided that an inspection of the system is performed by the following June 1 and a certificate of compliance is submitted to the city by the following July 1.
(5) Expiration of permit. A permit issued hereunder shall be valid for a period of 180 days. If no substantial work has commenced within that period, the permit shall expire.
(6) Appeals of decisions. An applicant may appeal any requirement, decision or determination by the city in connection with any provision of this subchapter pursuant to the procedures set forth in § 155.396.
(8) Certified site evaluation report. It shall be the responsibility of any site evaluator to utilize the proper professional tools, professional methods and judgments, and number of soil observations as required by the state requirements to verify that the site complies with Minnesota Rules, Chapter 7080 for an individual SSTS or 7081 for a mid-sized SSTS standards and requirements for the primary (initial) and reserve (replacement) areas. The primary area shall consist of a minimum of 4,000 square feet per site, unless otherwise directed by the city. The size of the reserve area shall be similar in size as the primary area. The site evaluator shall use the Dakota County Soil Survey and Munsell Soil Color Charts in accordance with Minnesota Rules, Chapters 7080 and 7081, standards and requirements. A minimum of four soil observations and two percolation tests must be completed for each the primary area and the reserve area.
(9) As-built record. For each newly constructed or replaced, extended, upgraded or repaired SSTS, an "as-built" record shall be properly completed and filed with the city no later than ten days after completion of the new construction, replacement, upgrade or repair of the SSTS. An "as-built" record does not have to be filed with the city if the newly constructed or replaced, upgraded or repaired SSTS completely complies with the SSTS permit and plan under this subchapter.
(10) Management plan. The owner and occupant of any property on which a SSTS is located shall comply with the management plan submitted with and approved by the city in the permit application process for the SSTS on the property.
(11) Abandonment of SSTS. The owner and occupant of any property on which an SSTS is located shall notify the city of any SSTS on the property that is no longer in use and shall close the SSTS in accordance with the state requirements within 90 days of the last day of use.
(12) 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 and is permitted under the issued permit:
(a) As a replacement for an existing failing SSTS;
(b) For a SSTS that poses an imminent threat to public health or safety; or
(c) For use with buildings with limited water use.
(Ord. 641, passed 2-26-98; Am. Ord. 905, passed 11-23-10)