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§ 52.54 PERMIT REQUIREMENTS.
   (A)   Activities not requiring an SSTS permit. An SSTS permit is not required for minor repairs or replacements of system components that do not alter the original function of the system; change the treatment capacity of the system; change the location of the system; or otherwise change the original system design, layout, or function. Examples are, but not limited to, pumps, baffles, and effluent filters.
   (B)   Activities requiring an SSTS permit. An SSTS permit shall be obtained by the property owner or an agent of the property owner from the city prior to the installation, construction, replacement, modification, alteration, or capacity expansion including the use of advanced treatment components of an SSTS. It is unlawful for any person to construct, install, modify or replace an SSTS without the appropriate permit from the SSTS including repair or replacement of components that will alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system's design, layout, or function. The issuing of any permit, variance, or conditional use under the provisions of this subchapter shall not absolve the applicant of responsibility to obtain any other required permit.
   (C)   Permit requirements. SSTS Permit applications shall be made on forms provided by the city and signed by the applicant or applicant's agent, and must include the following information and documentation:
      (1)   Applicant name, mailing address, telephone number, and email address;
      (2)   Property identification number, property address and legal description of property location;
      (3)   Site evaluation report, which shall be made on forms provided by Crow Wing County;
      (4)   Design report, which shall be made on forms provided by Crow Wing County;
      (5)   A management plan, as defined by Minn. Rules Part 7082.0600; and
      (6)   Any additional information that may be required by the city to assure compliance with this subchapter.
   (D)   Application review and response. The city shall review a permit application and supporting documents according to § 154.009.
   (E)   Appeal. The applicant may appeal any decision of the city in accordance with Ch. 154 of this code.
   (F)   Permit expiration. An SSTS permit for a new SSTS is valid for a period of no more than two years from its date of issue. An SSTS permit for the replacement of SSTS failing to protect groundwater is valid for ten months. An SSTS permit for the replacement of SSTS that are imminent threats to public health is valid for ten months. Satisfactory completion of construction shall be determined by as-built drawings and a signed certification that the construction and installation of the system was completed in reasonable conformance with the approved design documents by a qualified employee of the city or a licensed inspection business, which is authorized by the city and independent of the owner and the SSTS installer.
   (G)   Transferability. An SSTS permit may be transferred to a new owner provided there are no proposed changes to the SSTS design.
   (H)   Suspension or revocation. The city may suspend or revoke an SSTS permit issued under this section for any false statements, misrepresentations of facts on which the SSTS permit was issued, or unauthorized changes to the system design that alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system design, layout, or function. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the permit holder. If suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid SSTS permit is obtained.
   (I)   (I)   SSTS assessment requirements. For those SSTS without a management plan or operating permit according to the provisions of this subchapter, the following provisions apply:
      (1)   The owner of an ISTS or the owner's agent shall regularly, but in no case less frequently than every three years, assess whether sewage tanks leak below the designed operating depth and whether sewage tank tops, riser joints, and riser connections leak through visual evidence of major defects and measure or remove the accumulations of scum, grease, and other floating materials at the top of each septic tank and compartment, along with the sludge, which consists of the solids denser than water.
      (2)   All solids and liquids must be removed by pumping from all tanks or compartments in which the top of the sludge layer is less than 12 inches from the bottom of the outlet baffle or transfer hole or whenever the bottom of the scum layer is less than three inches above the bottom of the outlet baffle or transfer hole. Total sludge and scum volume must not be greater than 25%of the tank's liquid capacity. Removal of accumulated sludge, scum, and liquids from septic tanks and pump tanks must be through the maintenance hole. The removal of solids from any location other than the maintenance hole is not a compliant method of solids removal from a sewage tank, and this method does not fulfill the solids removal requirement of this division or a management plan. Liquid and solids removal from clean-out pipes is allowed for holding tanks.
(Ord. 2015-03, passed 3- -2015)
§ 52.55 OPERATING PERMIT.
   (A)   An operating permit shall be required for the following SSTS:
      (1)   SSTS with high strength waste effluent standards that exceed Minn. Rules Part 7080.2150, Subp. 3(K);
      (2)   Holding tanks;
      (3)   SSTS serving three or more connections;
      (4)   Type 4 and Type 5 SSTS;
      (5)   SSTS that exceed a daily flow of 2,500 gallons per day; or,
      (6)   MSTS designed under Minn. Rules Ch. 7081.
   (B)   Operating permits shall be a signed agreement between the city and the property owner and shall include monitoring, performance, mitigation, and reporting requirements.
   (C)   A valid operating permit shall be considered a certificate of compliance if that system is in compliance with the requirements of the operating permit.
   (D)   Owners of holding tanks shall provide the city upon request a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business, which guarantees the removal of the holding tank contents in a timely manner and prevents an illegal discharge in accordance with Minn. Rules Part 7082.0100, Subp. 3(G). This requirement is waived if the owner is a farmer who is exempt from licensing under M.S. § 115.56, Subd. 3(b)(3).
   (E)   Operating permits shall be valid for the specific term stated on the permit as determined by the Department.
   (F)   An operating permit must be renewed prior to its expiration. If not renewed, the city may require the system to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within 90 calendar days of the expiration date, the Department may require that the system be abandoned in accordance with § 52.44(E).
   (G)   Operating permits do not transfer to new property owners. New owners shall apply for an operating permit in accordance with this section. The city shall not terminate the current permit until 90 calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner's application, the city may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee.
   (H)   A report shall be prepared and certified by the licensed inspection business or licensed service provider. The report shall be submitted to the city on or before the compliance reporting date stipulated in the operating permit as required. The report shall contain a description of all maintenance and servicing activities performed since the last compliance monitoring report as described in the operating permit.
   (I)   The city may suspend or revoke any operating permit issued under this section for any false statements or misrepresentations of facts on which the operating permit was issued.
   (J)   If suspended or revoked, the Department may require that the treatment system be removed from service, operated as a holding tank, or abandoned.
   (K)   At the Department's sole discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions.
(Ord. 2015-03, passed 3- -2015)
§ 52.56 COMPLIANCE INSPECTION PROGRAM.
   (A)   Department responsibility. It is the responsibility of the city, or its agent, to perform installation inspections of new SSTS or upgrades of SSTS to assure that the requirements of this subchapter are met.
      (1)   All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors.
      (2)   The city shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS. As used in this section, PROPERTY does not include a residence or private building.
      (3)   No person shall hinder or otherwise interfere with the city's employees or agents in the performance of their duties and responsibilities pursuant to this section. Refusal to allow reasonable access to the property by the city shall be deemed a separate and distinct offense.
      (4)   A signed winter agreement may be accepted in lieu of a compliance inspection for property transfers, permit applications and designs to the city between November 1 and April 30, at the city's sole discretion, provided the required information is submitted to the city by June 1 of the subsequent year. Failure to fulfill all of the obligations of the winter agreement shall be a violation of this section.
   (B)   New construction or replacement.
      (1)   New installation inspections must be performed on new or replacement SSTS to determine compliance with Minn. Rules Chs. 7080 or 7081, respectively, according to this section. SSTS found to be noncompliant with other applicable requirements must be repaired or replaced according to the city's requirements.
      (2)   It is the responsibility of the SSTS owner or the owner's agent to notify the city 24 hours prior to the installation inspection.
      (3)   If the installer provides proper notice and the city does not provide an inspection within one hour after an inspection time was set, the installer may complete the construction per the following: the installer shall submit photographs of the entire uncovered system and an as-built drawing with a certified statement that the installation of the SSTS met the appropriate standards of this subchapter within five working days of the installation.
      (4)   A certificate of installation for new SSTS construction or replacement shall be issued by the city within 30 days of inspection if the city has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit.
      (5)   The certificate of installation must include a certified statement by the certified inspector or qualified employee who conducted the inspection that the SSTS is or is not in compliance with requirements of this subchapter. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must be issued to the owner which includes a statement specifying those provisions with which the SSTS does not comply.
      (6)   No SSTS shall be placed into operation until a valid certificate of installation has been issued.
      (7)   Certificates of installation for new construction or replacement shall remain valid for five years from the date of issue unless the city finds evidence of noncompliance.
   (C)   Existing systems.
      (1)   Compliance inspections shall be required when any of the following conditions occur:
         (a)   When applying for a land use permit, shoreline alteration permit, minor subdivision, plat, land use map amendment, conditional use permit or variance and the certificate of installation is more than five years old or the certificate of compliance is more than three years old.
         (b)   Within 90 days of conveyance of any real property and the certificate of installation is more than five years old or the certificate of compliance is more than three years old.
         (c)   Any time there is a change in use of the property being served by an existing SSTS which may impact the performance of the system.
         (d)   At any time as required by this subchapter or the city deems appropriate such as upon receipt of a complaint or other notice of a system malfunction.
      (2)   Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by MPCA. The following conditions, must be assessed, or verified:
         (a)   Watertightness assessment of all treatment tanks including a leakage report;
         (b)   Vertical separation distance between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock including a vertical soils separation verification report unless soils have been verified according to Minn. Rules Part 7082.0700, Subp. 4B; and
         (c)   Sewage backup, surface seepage or surface discharge including a hydraulic function report.
      (3)   The certificate of compliance must include a certified statement by a qualified employee or licensed inspection business, indicating whether the SSTS is in compliance with the requirements of this subchapter. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must include a statement specifying those provisions with which the SSTS does not comply. A construction permit application must be submitted to the city if the required corrective action is not a minor repair.
      (4)   The certificate of compliance or notice of noncompliance must be submitted to the city no later than 15 calendar days after the date the inspection was performed.
      (5)   Certificates of compliance for existing SSTS shall remain valid for three years from the date of issue unless the city finds evidence of noncompliance.
   (D)   Transfer of property. Any property on which an SSTS is located shall not be transferred or sold unless the parties to the transaction have complied with one of the following:
      (1)   A current certificate of compliance, as provided by § 52.55(C).
      (2)   A winter agreement, as provided by § 52.56(A)(4).
      (3)   In the event the seller does not provide a certificate of compliance or compliant operating permit, the seller and buyer may establish a written agreement or contract to repair, replace or upgrade the existing SSTS according to the terms of this subchapter.
      (4)   The buyer may accept total responsibility of the existing SSTS and be responsible for the necessary upgrading. In the absence of a written agreement according to § 52.56(A)(4), the buyer shall be responsible for the necessary upgrading of said SSTS.
   (E)   Commercial SSTS.
      (1)   Septic tank effluent testing for carbonaceous biochemical oxygen demand (CBOD), biological oxygen demand (BOD), total suspended solids (TSS), nitrogen and oil/grease combination is mandatory for all SSTS that serve commercial establishments that serve food and beverages or have a flow that exceeds 1,000 gallons per day as part of any compliance inspection.
      (2)   Effluent testing shall not be required for commercial SSTS that have a current operating permit as of the date this subchapter is effective. If all provisions of the operating permit are met, the SSTS shall be considered to be in compliance.
      (3)   An SSTS with effluent testing that does not meet the standards in the Minn. Rules Part 7080.2150, Subp. 3(K) shall be upgraded within three years to meet said standards and be placed on an operating permit as provided in this subchapter.
   (F)   Vertical separation reduction. Minn. Rules Part 7080.1500, Subp. 4(D) is hereby adopted allowing a 15% reduction in vertical separation distance for settling of sand or soil, normal variation of measurements and interpretations of the limiting layer for existing SSTS. This provision does not apply to § 52.50.
(Ord. 2015-03, passed 3- -2015)
§ 52.57 ENFORCEMENT.
   Enforcement of this subchapter shall follow the standards in § 154.014.
(Ord. 2015-03, passed 3- -2015)
§ 52.58 STATE NOTIFICATION OF VIOLATION.
   The city shall notify the MPCA of any inspection, installation, design, construction, alteration or repair of an SSTS by a licensed/certified person or any septage removal by a licensed maintainer that is performed in violation of the provisions of this subchapter. The city shall also notify the MPCA of any discovered straight pipes pursuant to M.S. § 115.55, Subd. 11.
(Ord. 2015-03, passed 3- -2015)
§ 52.59 RECORD KEEPING.
   The city shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, operating permits, an annual list of all sewage tanks installed in the city sorted by licensed installation businesses, and other records the city deems relevant to a particular system.
(Ord. 2015-03, passed 3- -2015)
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