§ 52.021 AMENDMENTS TO THE ADOPTED STANDARDS.
   (A)   Minnesota Rules Chapter 7080.1500, subpart 6, is amended to include: An SSTS design that proposes to reuse an existing tank(s) for a replacement SSTS must include the Tank Integrity portion of the MPCA Compliance form, which includes a verification that all tank and riser joints, riser connections, and pipe connections are watertight according to Minn. Rules Chapter 7080.2010, subpart 1, item A.
   (B)   Minnesota Rules Chapter 7080.1730, item B, is amended as follows: Dates of preliminary and field evaluations must be dated within 12 months of the date of the SSTS construction permit application and within 24 months of the SSTS installation.
   (C)   Minnesota Rules Chapter 7080.1730, item F, is amended to include: the Department must be notified of any technical requirements of this chapter, Minn. Rules Chapter 7080, or Chapter 7081, that cannot be met before the design is completed.
   (D)   Minnesota Rules Chapter 7080.1930, subpart 1, Table V “Septic Tank Liquid Minimum Capacities (Gallons)”, is amended as follows:
 
Number of Bedrooms
Tank Size
With Multiple Compartments or Multiple Tanks in Series
Tank Size
With Garbage Disposal and/or Lift in the Basement
Pump Tank
2 or less
1500
2250
1000
3 or 4
2000
3000
1000
5 or 6
2250
3375
1500
7, 8, or 9
3000
4500
1500
 
SSTS with a valid certificate of compliance may not be required to meet the above sizing chart if the tank capacity and soil treatment and dispersal system meet the current minimum state requirements for the anticipated additional gallons per day.
   (E)   Minnesota Rules Chapter 7080.2000, item C, is amended as follows: The top of sewage tanks must not be buried deeper than four feet from final grade. Exceptions may be made on a case by case basis for existing uses with extenuating circumstances preventing a shallow burial, not to exceed the tank manufacturer’s maximum designed depth for the tank. The minimum depth of soil cover over the insulation on the top of the tank is six inches.
   (F)   Minnesota Rules Chapter 7080.2100, subpart 2, item B, is amended to include: The pump discharge line must be sleeved with a four-inch PVC pipe from the edge of the tank or maintenance hole to undisturbed ground.
   (G)   Minnesota Rules Chapter 7080.2150, subpart 2, Table VII, is amended to include: Setbacks from the soil treatment and dispersal area for above grade systems, including but not limited to: mound and at grade systems, will be measured from the toe of the slope to any property line(s) and/or road right-of-way(s). Setback of ten feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to slopes greater than 20%. Setback of 50 feet from the SSTS to a bluff. Setback of ten feet (20 feet in shoreland areas) to an interceptor drain.
   (H)   Minnesota Rules Chapter 7080.2220, subpart 2, item B, is amended to include: Setbacks from the soil treatment and dispersal area for above grade systems, including but not limited to: mound and at grade systems, will be measured from the toe of the slope to any property line(s) and/or road right-of-way(s). Setback of ten feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to slopes greater than 20%. Setback of 50 feet from the SSTS to a bluff. Setback of ten feet (20 feet in shoreland areas) to an interceptor drain.
   (I)   Minnesota Rules Chapter 7080.2220, subpart 3, item J, is amended as follows: The entire area that will receive materials for a mound must be roughened by approved methods.
   (J)   Minnesota Rules Chapter 7080.2230, subpart 2, item C, is amended to include: Setbacks from the soil treatment and dispersal area for above grade systems, including but not limited to: mound and at grade systems, will be measured from the toe of the slope to any property line(s) and/or road right-of-way(s). Setback of ten feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to slopes greater than 20%. Setback of 50 feet from the SSTS to a bluff. Setback of ten feet (20 feet in shoreland areas) to an interceptor drain.
   (K)   Minnesota Rules Chapter 7080.2290, item D, is amended as follows: For a dwelling, the minimum holding tank size is 1,500 gallons or 400 gallons times the number of bedrooms, whichever is greater. For other establishments, the minimum holding tank size is 1,500 gallons or at least five times the design flow, whichever is greater. The required capacity of holding tank(s) in flood plain areas must be calculated according to Minn. Rules Chapter 7080.2270, subpart 10.
   (L)   Minnesota Rules Chapter 7080.2350 is amended as follows: Type IV Systems may be allowed, with the exception of those that would reduce the required three-foot separation to the periodically saturated soil or to downsize the required soil treatment and dispersal system. Type IV Systems installed prior to June 1, 2011 are exempt from this prohibition. When an advanced treatment device is added to an SSTS (new or existing), pressure distribution must be provided in the soil treatment and dispersal system.
   (M)   Minnesota Rules Chapter 7080.2400, is amended as follows: Type V Systems are prohibited. Type V Systems installed prior to June 1, 2011 are exempt from this prohibition.
   (N)   Minnesota Rules Chapter 7082.0100, subpart 1, item A, is amended as follows: An SSTS that fails to protect groundwater, as described in Minn. Rules Chapter 7080.1500, subpart 4, item B, must be brought into compliance within 36 months of the date of the notice of noncompliance, discovery by the Department, or within ten months from the date of the property transfer, whichever is the earlier date.
   (O)   Minnesota Rules Chapter 7082.0700, subpart 2, item A1, is amended to include: Compliance inspections of existing SSTS are required:
      (1)   Before any permit or variance is issued for a property with an SSTS located in a shoreland area (1,000 feet of a lake, pond, or flowage; or 300 feet of a river or stream, or the landward extent of a floodplain), subject to the exceptions in Carver County Zoning Code § 152.122.
      (2)   When there is a change in the use of the property or structure(s) that would affect water use, including but not limited to: a permit or variance to expand a structure for the purpose of a bedroom, home business, contractor’s yard, or daycare. The certificate of compliance must also certify that all components are sized to current State minimum requirements for the additional bedroom or the change in use.
      (3)   When an SSTS construction permit is required to repair, modify, or upgrade an existing SSTS.
      (4)   At the time of property sale or transfer, in accordance with § 52.199. Any evaluation, investigation, inspection, recommendation, or other process used to prepare a disclosure statement, if conducted by a party who is not the SSTS owner, constitutes a compliance inspection, and must be conducted in accordance with Minn. Rules Chapter 7080.1500.
      (5)   When there is a division of land pursuant to Carver County Zoning Code § 152.035(D).
      (6)   During systematic lake or area wide SSTS surveys by the Department as described in § 52.043.
      (7)   Any time that a building permit is applied for and no record of a soil treatment and dispersal system exists.
   (P)   Minnesota Rules Chapter 7083.0700, item B, is repealed.
   (Q)   Minnesota Rules Chapter 7083.0700, item F, is amended as follows: An owner may abandon an SSTS, on property they own, if a final inspection is conducted by the Department or licensed SSTS professional. An individual or business, independent of the owner, which abandons an SSTS, must be licensed as an SSTS professional by the Minnesota Pollution Control Agency.
   (R)   Minnesota Rules Chapter 7083.0770, subpart 2, is amended to include: Submit a tank maintenance report for each SSTS to the Department and the property owner.
(Ord. 67-2010, passed 5-17-11; Am. Ord. 90-2018, passed 12-18-18)