(A) Siting of an ISTS. Notwithstanding any state or federal requirements, the separation distance from an ISTS to a Type 3, 4, 5 or 6 wetland shall be no less than 50 feet.
(1) SSTS in flood plains. No permit shall be issued for SSTS located in a floodway and wherever possible, located within any part of a floodplain should be avoided. If no option exists to locate a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements of Minn. Rules 7080.2270 and all relevant local requirements are met.
(2) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells as defined in C.F.R. Title 40, Part 144, are required to submit SSTS inventory information to the United States Environmental Protection Agency and the MPCA. Owners are also required to identify all Class V injection wells in property transfer disclosures.
(3) Holding tanks. Holding tanks may be used for the following applications only after it can be shown conclusively by the property owner that a SSTS permitted under this subchapter cannot be feasibly installed:
(a) As a replacement for an existing failing SSTS;
(b) For an SSTS that poses an imminent threat to public health or safety; or
(c) For use with buildings with limited water use.
(4) Determination of hydraulic loading rate and SSTS sizing. Table IX from Minn. Rules 7080.2150, subp. 3(E), entitled Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas Using Detail Soil Descriptions and Table IX from Minn. Rules 7080.2150, subp. 3(E), entitled Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas Using Percolation Tests and herein adopted by reference shall both be used to size SSTS infiltration areas using the larger sizing factor of the two for SSTS design.
(B) Maintenance report. Licensed maintenance businesses must abide by the requirements described in Minn. Rules 7083.0770, subp. 2. All written reports required by Minn. Rules 7083.0770, subp. 2, must be provided to the homeowner and the city within 30 days after any maintenance work is performed.
(C) Systems not operated under a management plan. For owners of SSTS that are not operated under a management plan or operating permit, the following shall apply:
(1) Maintenance, inspection and reporting.
(a) The owner of any individual sewage treatment system shall have the septic tank(s) properly pumped, cleaned and inspected on a regular basis, but in no case less than once every three years.
(b) A licensed pumper must be retained by the owner for pumping, cleaning, inspection, maintenance and repair.
(c) In the event a septic pumper fails to complete the maintenance report form and return it to the city as required herein, the city, pursuant to M.S. § 429.101, as it may be amended from time to time, the city shall provide written notice to the property owner. After providing a second written notice, the failure to submit documentation of pumping and inspection of a septic system shall be considered a violation of this subchapter and subject to the criminal penalties and/or civil remedies outlined in § 51.99 of this chapter. The city may provide for the property owner’s septic system to be pumped, cleaned and evaluated and for all costs related hereto to be assessed against the property benefitted.
(2) Maintenance report form.
(a) Evaluation of the on-site sewage tank and system shall be made by a licensed inspector or pumper. A listing of licensed pumpers is available from the MPCA and will also be available from the city.
(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) For ISTS having inspection openings, the inspection should also include the following measurements:
1. The distance between sludge and the bottom of outlet baffles; and
2. The distance between scum and the bottom of outlet baffles.
(d) Where there is less than 12 inches between the sludge and the bottom of the outlet baffles, or where the scum line is found less than three inches above the bottom of the outlet baffles, this condition shall be noted on the inspection report.
(e) The owner shall require remedial activity to take place to correct deficiencies wherever found.
(3) Failing septic systems.
(a) Upon inspection, if the system is found to be failing or creating a health hazard, the owner of the property shall have the system pumped and repaired or replaced pursuant to a schedule as determined by the City Building Inspector. Section 51.23 of this subchapter regarding failing systems shall be followed.
(b) In the event the property owner fails to comply with the pumping schedule or have the system repaired or replaced, the failure to submit documentation of pumping, inspection, repair or replacement of a failing septic system shall be considered a violation of this subchapter and subject to the criminal penalties and/or civil remedies outlined in § 51.99 of this chapter. The city, pursuant to M.S. § 429.101, as it may be amended from time to time, may provide for the property owner’s septic system to be pumped and repaired or replaced and for all costs related thereto to be assessed against the property benefitted.
(4) Costs.
(a) Any on-site inspection or pumping conducted or contracted by the city shall be invoiced to the property owner in an amount established by resolution of the City Council.
(b) Pursuant to M.S. § 429.101, as it may be amended from time to time, the City Council hereby authorizes the city staff to certify any unpaid costs or charges imposed pursuant to this subchapter to the County Auditor for collections as other taxes.
(Ord. 2015-03, passed 2-25-2015)