(A) 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 are 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 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; and
(7) Any time that a building permit is applied for and no record of a soil treatment and dispersal system exists.
(B) When a compliance inspection is required and cannot be completed, due to frost conditions, during the period of November 1 to April 30, permits or land use application(s) pursuant to division (A) of this section can be issued provided an escrow account is provided in the amount set forth in the Carver County Fee Schedule. A compliance inspection must be performed before the following June 1 and/or the SSTS is brought into compliance by the following September 30.
(C) Compliance inspections of existing SSTS must be reported on the inspection report forms provided by MPCA. The following conditions, must be assessed or verified:
(1) Tank watertightness assessment must be completed by pumping all of the tanks. A valid tank integrity report from a licensed SSTS maintainer must be provided;
(2) A soil separation compliance assessment must be completed by a licensed inspection business or a qualified employee inspector with jurisdiction. Compliance must be determined either by conducting new soil observations or by prior soil separation documentation made by two independent parties. The soil observations used for system design or previous inspections are allowed to be used if they contain the information required in Minn. Rules Chapter 7080.1720, subpart 5, items B, D, and F. If the soil separation has been verified by two independent parties, a subsequent determination is not required unless requested by the owner or owner’s agent;
(3) Sewage backup, surface seepage, or surface discharge including a hydraulic function report; and
(4) Compliance with the SSTS management plan or SSTS operating permit if applicable.
(D) The certificate of compliance must include a certified statement by a licensed SSTS inspector, indicating whether the SSTS is in compliance with 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.
(E) SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained, monitored, or otherwise managed according to the SSTS operating permit.
(G) The certificate of compliance or notice of noncompliance must be submitted to the Department no later than 15 calendar days after the date the existing SSTS compliance inspection was performed.
(H) Certificates of compliance for existing SSTS shall remain valid for three years from the date of issue unless the Department finds evidence of noncompliance.
(I) The Department may waive an existing SSTS compliance inspection required by this chapter, if the owner of the real property served by an existing SSTS acknowledges in writing to the Department that the existing SSTS is not compliant and will be brought into compliance with this chapter within ten months.
(Ord. 67-2010, passed 5-17-11) Penalty, see § 52.999