(A) Purpose and intent. The purpose of the sewage and wastewater treatment ordinance shall be to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance, and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public’s health and safety, and eliminate or prevent the development of public nuisances pursuant to the authority granted under M.S. Chapter 115 and Minnesota Rules Chapter 7080 as amended that may pertain to sewage and wastewater treatment.
(B) General provisions.
(1) Public sewer not available. Where a public sewer is not available under the provisions of § 53.20 of the City Code, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this chapter.
(2) Standards adopted by reference. The city hereby adopts, by this reference, Minnesota Rules Chapter 7080 as now constituted and from time to time amended.
(3) Permits. No person shall install, alter, repair, or extend any individual sewage treatment system in the city without first applying for and obtaining a permit from the City Clerk at the same time, paying a fee as set forth in the city fee schedule. Such permit shall be valid for a period of 12 months from the date of issuance.
(4) License requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance, or pumping of on-site individual sewage treatment systems without first obtaining a license to perform such tasks from the Minnesota Pollution Control Agency.
(5) Failing septic systems. A notice of noncompliance shall be issued and copies provided to the property owner within 30 days under the following conditions:
(a) An ISTS posing an imminent threat to public health or safety shall be upgraded, replaced, or repaired, or its use discontinued, within an appropriate time no greater than 60 days.
(b) A failing ISTS which is not an imminent threat to public health that receives a notice of noncompliance shall be upgraded or its use discontinued within 10 months after receiving such notice from the Building Inspection Department.
(c) In the event a property owner fails to upgrade, replace, or repair such failed system or discontinue its use within the time limits stated above, the city shall contract for the property owner’s septic system to be upgraded, replaced, or repaired and all costs associated thereto shall be assessed to the property as outlined in division (I) of this section.
(6) Additional soil treatment area requirements. On all lots created after November 2, 1987, there shall be 10,000 square feet of area tested and suitable for a standard septic system to provide for a primary as well as a secondary system to be installed.
(7) Point of sale requirements: existing septic systems. No owner of a building located in the city which is not served by public sewer, shall sell such building by conveyance or contract for conveyance without providing for an inspection of the septic system by the Zoning Administrator or his or her agent, or other appropriate agency, prior to the time of sale.
(a) TIME OF SALE shall mean when a written purchase agreement is executed by the buyer or in the absence of a purchase agreement, the time of the execution of any document providing for the conveyance by deed or contract.
(b) At the time of inspection, the Zoning Administrator or his or her agent will determine if a system is compliant, failing or an imminent health threat. Upgrade shall be required as follows:
1. Imminent public health threats shall be upgraded, replaced, repaired, or use discontinued, within 60 days.
2. An existing system, built prior to April 1, 1996, and not in a shoreland or wellhead protection area or serving food, beverage, or lodging establishment, with less than 24 inches of vertical separation between the bottom of the soil treatment system and saturated soil, shall be upgraded prior to the sale of the property. If weather conditions prohibit repair of the septic system prior to the time of sale, sufficient funds or a performance bond shall be placed in escrow to repair the system at a date when weather conditions permit.
3. An existing system, built on or after April 1, 1996, or in a shoreland or wellhead protection area or serving a food, beverage, or lodging establishment; with less than 36 inches of vertical separation between the bottom of the soil treatment system and saturated soil, shall be upgraded prior to the sale of the property. If weather conditions prohibit repair of the septic system prior to the time of sale, sufficient funds or a performance bond shall be placed in escrow to repair the system at a date when weather conditions permit.
(8) Point of sale requirements: existing private wells. No owner of a building located in the city, which is served by a private well, shall sell such building by conveyance or contract for conveyance without providing to the city the results of a current test of the property’s well water for fecal coliform and nitrates. The purpose of the water test is to develop a database of the condition of the city’s well water resources.
(9) Collector systems. On previously developed sites where site and soil conditions do not provide suitable conditions for final treatment and disposal on an individual lot, a soil treatment system located on another lot or lots may be employed under terms of a conditional use permit, where approved by the City Council.
(C) Inspection requirements for new or replacement installations.
(1) Trench systems.
(a) Observation pit. Prior to the installation of a trench type system, an observation pit must be dug for purposes of viewing the soil profile. The observation pit may be the tank pit. This will help in preventing trench systems being placed in saturated or anaerobic soil conditions.
(b) Tank Inspection. The tops of all tanks must be exposed for viewing tank levelness, tank depth, and pipe connections. Manhole risers and inspection pipes must be in place. The tank size stamp must be visible.
(c) Final inspection. The next inspection will be for the rockbed placement. Laterals and drop boxes must be exposed for purposes of viewing connections, lateral sizes, and lateral lengths. Inspection pipes must be in place. All distribution pipes must be left uncovered for inspection unless the distribution pipe is before an existing tank. Final approval will not be issued until the pump and alarm (if required) are wired and the system is fully operational. Geotextile fabric may be placed on the system after rockbed approval.
(d) As-built drawings. The installer, upon completion of installation, shall file with the Zoning Administrator as-built drawings indicating the location of system components, dimensioned from a permanent reference point.
(2) At grade and mound systems.
(a) Scarification. The soil must be prepared in the following manner: all vegetation longer than 2 inches is to be cut and removed from the site; the soil surface is to be roughened to a depth of 8 inches and not moved more than 1 foot from its original location; and the plastic limit of the soil must not be exceeded. If the soil can be rolled into a wire 1/8" or less, the moisture content of the soil is too high for installation of a sewage treatment system. If weather is threatening, Building Inspection Department must be called for approval to cover the scratch without an inspection.
(b) Rockbed inspections. The rockbed must be level. Laterals and the manifold must be exposed for viewing connections, and inspection pipes must be in place. All distribution pipes must be left uncovered for inspection, unless the distribution pipe is before an existing tank. Geotextile fabric may be placed on the system, after rockbed approval.
(c) Tank inspection. The tops of all tanks must be exposed for viewing tank levelness, tank depth, and pipe connections. Manhole risers and inspection pipes must be in place. The tank size stamp must be visible.
(d) Final inspection. The fill cover depth on the system must be as follows: a 12-inch loamy sand cap at the center of the rockbed, 6 inches at rockbed edges. Six inches of topsoil (not peat) must be placed over the entire system. Therefore, the total depth of soil at the center of the rockbed will be 18 inches and 12 inches at the rockbed edges. A vegetation cover must be established. Hay or some other form of protective covering must be placed on the system to protect seed. Final approval will not be issued until the pump and alarm are wired and the system is fully operational.
(e) As-built drawings to be filed. The installer, upon completion of installation, shall file with the Zoning Administrator as-built drawings indicating the location of system components, dimensioned from a permanent reference point.
(3) New tanks.
(a) The tops of all tanks must be exposed for viewing tank levelness, tank depth, and pipe connections. Manhole risers and inspection pipes must be in place. The tank size stamp must be visible. Final approval will not be issued until the alarm (if required) is wired and the system is fully operational.
(b) The installer, upon completion of installation, shall file with the Zoning Administrator as-built drawings indicating the location of system components, dimensioned from a permanent reference point.
(4) Reused tanks.
(a) Tanks being reused must meet all criteria stated in Minnesota Rules Chapter 7080 and the City of Center City ISTS Ordinance.
(b) Tanks that meet the minimum size requirements of Minnesota Rules Chapter 7080 may be reused.
(c) Tanks must be exposed for viewing.
(5) Inspection for point of sale.
(a) The area must be free of snow.
(b) The tank will be opened and pumped and the distribution box open.
(c) The ground will be unfrozen or thawed to allow soil borings when necessary.
(d) Access to the house may be necessary to check for alarm, etc.
(D) Mandatory maintenance required. The city hereby establishes a plan for review of each on-site sewage systems within the city over a period of three years beginning in 2011.
(1) The plan. Pursuant to the established plan, the city shall mail a maintenance report form by April 1 of each year to properties containing on-site sewage disposal systems due to have maintenance checks. All systems shall have maintenance checks triennially. Those on-site sewage disposal systems found to have permitted, through misuse or abuse, sludge and/or scum to exit past the last septic tanks outlet baffle shall have biennial maintenance checks until such time that it has been demonstrated that such misuse or abuse has been abated.
(a) Each property owner receiving a maintenance report form shall at their sole expense, provide for the pumping and maintenance of the system. The completed maintenance report form and an administrative fee as set forth in the city fee schedule shall be returned to the city by October 1 of the same year.
(b) The above-described system maintenance shall include, but not be limited to, pumping and cleaning of the septic tank, evaluation of the condition of the tank, baffles, and system, and an examination of the drain field for evidence of system failure.
(c) Evaluation of the on-site septic tank and system shall be made by a registered inspector or master pumper licensed by the State of Minnesota. A listing of registered inspectors and pumpers are available from the MPCA and shall also be available from the city.
(d) In the event a property owner fails to complete the maintenance report form and return it to the city as required herein; the city shall contract for the property owner's septic system to be pumped, cleaned, and evaluated and all costs associated thereto shall be assessed against each property as outlined in M.S. §§ 429.101, et seq.
(e) Upon evaluation, if the system is found to be an imminent threat to public health, the owner of the property shall have the system pumped and repaired or replaced pursuant to the requirements of this section.
(f) Any on-site inspection conducted by the city shall be invoiced to the property owner in an amount established by ordinance.
(g) Pursuant to M.S. § 429.101, the City Council hereby authorizes the city staff to certify any unpaid costs or charges imposed pursuant to this section, to the County Auditor for collection as other taxes.
(E) Contaminated wells.
(1) Septic system inspection required. If a known well has exceeded the standards set by the Minnesota State Department of Health for fecal coliform or nitrates, all septic systems within a radius of 1500 feet shall, within 60 days of receiving notice from the city, be required to submit to the city a current certificate of compliance for their septic system.
(2) Temporary waiver. The city may temporarily waive the certificate of compliance requirement when a well has been found to be contaminated during the period from November 1 to April 30, provided that an inspection of the system is performed by the following June 1 and the property owner submits a certificate of compliance by the following September 30.
(3) Failure to provide certificate of compliance. In the event a property owner fails to provide a certificate of compliance within the 60 days the city will hire an inspector to conduct a compliance inspection and all costs associated thereto shall be assessed to the property as outlined in division (I) of this section.
(4) Failure to abate. In the event a property owner fails to upgrade, replace, or repair such failed system or discontinue its use within the time limits stated above, the city shall contract for the property owner's septic system to be upgraded, replaced, or repaired and all costs associated thereto shall be assessed to the property as outlined in division (I) of this section.
(5) Well water test required. All property owners that are required to provide a certificate of compliance shall also provide to the city the results of a current test of the property’s well water for fecal coliform and nitrates. The purpose of the water test is to develop a database of the condition of the city’s well water resources.
(F) Mandatory connection to city sewer. In the event that either an ISTS or a private well fails to pass inspection, then the property owner shall be required to connect to city sewer and city water pursuant to § 51.08 of the City Code. No permits shall be issued for construction of a new ISTS, or expansion of existing ISTS, for use on property if public sewer is available under the provisions of § 53.20.
(G) Fee schedule. The following fees are established pursuant to the current city fee schedule.
Septic System Permits
Trench System
Pressurized Systems
Holding Tanks and Replacement Tanks
Onsite Inspection
Site Evaluation
Site Evaluation, Tank(s) only
Tank(s) Pumping
Maintenance Report Administrative Fee
(H) Enforcement.
(1) Violation is a misdemeanor. Any firm, person, or corporation who violates any of the provisions of these regulations or who makes any false statement on a certificate of compliance shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine and/or imprisonment as provided by law. Each day that a violation is permitted to exist shall constitute a separate offense.
(2) Actions. In the event of a violation or threatened violation of any of the terms of this section the city may take appropriate action to enforce this chapter including application for injunctive relief, action to compel performance or other appropriate action to court if necessary to prevent, restrain, correct, or abate such violations or threatened violations. Upon motion, the court may award costs, disbursements and reasonable attorney's fees and witness fees, which costs and fees can be assessed against the property.
(I) Assessments to property.
(1) Authority for assessments. Pursuant to M.S. § 429.101, Subd. 1(3), the city may provide for the collection of unpaid special charges for all or any part of the cost of the inspection, upgrade, repair, or replacement of a failing septic system or contaminated well and all cost associated thereto shall be assessed to the property.
(2) The procedure for assessments. The assessment procedure under this section shall be as established under M.S. §§ 429.061, 429.071, and 429.081.
(Ord. 2011-06-07C, passed 6-7-2011; Am. Ord. 2011-06-07D, passed 6-7-2011)