(A) Treatment required. All sewage generated by human occupancy, habitation or activity shall be properly managed in accordance with Chapter 52 of this code of ordinances or be treated in a municipal wastewater treatment system.
(B) Standard for new systems. Permits shall be issued, building eligibilities granted, or a site shall be considered suitable for the construction of new residences or other activities requiring sewage treatment by an SSTS on land that has a minimum of 12 inches of separation between the periodically saturated soil or other limiting factor and the surface of the soil in its original, natural state. This separation shall be demonstrated by the submission of soil borings, provided by a licensed SSTS designer and verified by the Environmental Services Department, identifying a primary and alternate SSTS site as required in Chapter 52 of this code of ordinances.
(C) New lots. New lots less than 20 acres which are intended for a land use which will require an SSTS shall not be created unless a plan showing two soil treatment sites, a primary site and alternate site is submitted. Suitability of the sites shall be documented by the submission of a soil borings by a licensed SSTS designer. The plan shall clearly show the location of both the primary and alternate SSTS sites. Lots of 20 acres or more shall contain at least two acres of soils that will accommodate an SSTS that meets Minn. Rules Chapter 7080, based on the USDA Web Soil Survey. The Department after consultation with the Environmental Services Department may require the identification of two soil treatment sites as provided for lots of greater than 20 acres.
(D) New lots containing existing uses. New lots which contain an existing land use required to utilize an SSTS shall not be created unless the existing SSTS is issued a certificate of compliance or a guarantee is provided that ensures the issuance of a certificate of compliance within ten months of the application approval date or the time required by Chapter 52 of this code of ordinances, whichever is more restrictive. Lots of less than 20 acres shall submit a plan with soil borings for an alternate SSTS site. The plan shall include a soil borings report for the site, which has been prepared by a licensed SSTS designer. A certificate of compliance and an alternate SSTS site shall not be required when the lot is the result of a land exchange for purposes of correcting errors in legal descriptions, changing legal descriptions to reflect lines of occupation, or the attachment of land to an existing parcel to provide land to accommodate an SSTS upgrade or to bring a nonconforming lot into conformity. For the purpose of this section, a new lot shall be any parcel, parent parcel, or remnant parcel created as the result of a minor subdivision or plat application, pursuant to Chapter 151 of this code of ordinances.
(E) Issuance of permits; SSTS compliance required. In all districts, for all systems which have been determined to be a direct discharge, imminent health threat, or for which there are no county SSTS records existing on the property at the time of application, a permit shall not be issued unless the requirements of § 152.122 are met.
(F) Protection of primary and alternate SSTS sites. On parcels where an SSTS site plan has been submitted, the primary and alternate sites shall be protected from activities that may render the sites unsuitable for future SSTS use. The sites shall be staked and flagged so they are clearly identified. The sites shall not be disturbed and shall be left in their natural state until the SSTS is constructed. No buildings shall be erected on the sites nor shall the sites be used for parking vehicles. Heavy equipment must be kept off the sites and no trees shall be planted on the sites. If either site has been disturbed or rendered unusable, a plan including soil borings identifying a new SSTS site(s) shall be submitted.
(G) Permit review. All permits that include activities that may affect the ability to locate an alternate SSTS site on a parcel shall be reviewed to ensure that a feasible alternate SSTS site is preserved. The Department, in consultation with the Environmental Services Department, may require soil borings to identify a suitable alternate SSTS site.
(H) Temporary uses. Temporary uses, such as construction and similar activities, and other uses permitted pursuant to this chapter which may exist for a short period of time and have a number of people on the premises that cannot be accommodated by an existing SSTS may be required to provide additional auxiliary sanitary facilities.
(Ord. 47, passed 7-23-02; Am. Ord. 64-2008, passed 4-8-08; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)