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§ 52.48 PROHIBITIONS.
   (A)   Occupancy or use of a building without a compliant SSTS. It is unlawful for any person to maintain, occupy, or use any building intended for habitation or that contains plumbing fixtures that is not provided with a wastewater treatment system or that disposes of wastewater in a manner that does not comply with the provisions of this subchapter.
   (B)   Sewage discharge to ground surface or surface water. It is unlawful for any person to construct, maintain, or use any SSTS regulated under this subchapter that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollutant Discharge Elimination System program by the MPCA.
   (C)   Sewage discharge to a well or boring. It is unlawful for any person to discharge raw or treated wastewater into any well or boring as described in Minn. Rules Part 4725.2050, or any other excavation in the ground that is not in compliance with this subchapter.
   (D)   Discharge of hazardous or deleterious materials. It is unlawful for any person to discharge into any treatment system regulated under this subchapter any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality.
(Ord. 2015-03, passed 3- -2015)
§ 52.49 ALTERNATIVE LOCAL STANDARDS ADOPTED BY REFERENCE.
   (A)   Adoption of rule by reference.
      (1)   The city hereby adopts by reference the provisions of Minn. Rules Chs. 7080-7083 in their entirety except as referenced under § 2.17(B), except as otherwise expressly modified by this subchapter.
      (2)   When "2006 version of Minnesota Rules Chapter 7080" is utilized, the reference is to the rules effective April 3, 2006, otherwise the city is referencing the current rules in effect.
      (3)   All new construction or replacement of SSTS shall employ sewage tanks, distribution media and treatment products which have been registered by the Minnesota Pollution Control Agency.
   (B)   Alternative local standards for new and existing SSTS. The city hereby adopts the 2006 version of Minn. Rules Ch. 7080 for all new and existing residential Type I, Type II and Type III SSTS and SSTS that serve any food, beverage and lodging establishment under 2,500 gallons per day provided the effluent discharge does not exceed the standards in Minn. Rules Part 7080.2150, Subp. 3(K).
(Ord 2015-03, passed 3- -2015)
§ 52.50 MINIMUM STANDARDS.
   The following is a list of minimum standards applicable to SSTS:
   (A)   In no land use district shall a land use permit, shoreline alteration permit, minor subdivision, plat, conditional use permit or variance be issued without a current certificate of compliance or certificate of installation that has not expired according to § 52.56(C).
   (B)   At least one cleanout at or above finished grade shall be installed between the structure and the septic tank with additional clean outs at intervals not more than 100 feet.
   (C)   Class I sizing is required on all new construction. New construction will be defined as placement of a new structure or replacement structure that is served by pressurized water.
   (D)   Minimum septic tank sizing shall be 1,500 gallons. This can be accomplished through a compartmentalized tank, multiple tanks in series, or a single existing 1,500 gallon tank with the use of an effluent filter for the last baffle. The filter must be of such a design that when the filter is removed from the filter housing, the flow of water leaving the tank is not allowed. The first tank or compartment shall be no less than 1,000 gallons in size and applies to new and replacement SSTS. Any additional septic tanks shall be a minimum of 1,000 gallons. All other tank sizing shall follow Minn. Rules Part 7080.1930.
   (E)   Pump tank sizing shall follow Minn. Rules Part 7080.2100.
   (F)   Soil pits shall be required during the construction inspection. The soil pit shall be excavated at the time of the inspection. The soil pit shall be dug by a backhoe or other acceptable method and be excavated to a depth that will allow the verification of redoximorphic features and the three feet of vertical separation as required. Location of soil pits shall be adjacent to the lowest trench or next to the down slope side of an elevated treatment area. The pit shall not impact the hydraulic performance of the ISTS. A certificate of installation will not be issued until the soils are verified.
   (G)   All dwellings or buildings that contain plumbing fixtures shall meet the required setbacks to the septic tank and soil absorption area. Accessory structures, including but not limited to, decks, screen decks, porches, sheds, garages and pole buildings shall not be required to meet said setbacks provided that the tank(s) can be maintained properly and that the structure does not negatively impact the function of the system.
(Ord. 2015-03, passed 3- -2015)
§ 52.51 COMPLIANCE CRITERIA FOR EXISTING SSTS.
   For an SSTS built before April 1, 1996, and outside of areas designated as "SWF" systems in shoreland areas, wellhead protection areas, or systems serving food, beverage, or lodging establishments there must be at least two feet of vertical separation between the bottom of the dispersal system and seasonal saturation or bedrock.
(Ord. 2015-03, passed 3- -2015)
§ 52.52 HOLDING TANKS.
   Holding tanks may be allowed for the following applications: as replacements for existing failing SSTS and SSTS that pose an imminent threat to public health or safety, on lots with limitations that will not allow for the installation of a Type 1 SSTS or for uses that are seasonal or intermittent in nature and will not use more than 150 gallons of water per day.
(Ord. 2015-03, passed 3- -2015)
§ 52.53 VARIANCE.
   (A)   A property owner may request a variance from the standards as specified in this subchapter pursuant to § 154.012.
   (B)   State agency variance requests. Variances that pertain to the standards and requirements of the State of Minnesota must be approved by the affected state agency pursuant to the requirements of the state agency. No permits will be issued by the city until all required state agency variances have been approved.
(Ord. 2015-03, passed 3- -2015)
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