(A) Required permits. A permit from the city is required before any ISTS in city’s jurisdiction is installed, replaced, abandoned, altered, repaired, rejuvenated or extended. Installation, replacement, alteration, repair or extension of an ISTS shall not begin prior to the receipt of a permit from the city for each specific installation, replacement, alteration, repair or extension pursuant to this subchapter. Such permits are not transferable as to person or place. Such permits shall expire 12 months after date of issuance. Upon request of an inspector, permits shall be provided by the permittee at the time of inspection.
(B) Permits not required. Permits shall not be required for the following activities:
(1) Repair or replacement of pumps, floats or other electrical devices of the pump;
(2) Repair or replacement of baffles in the septic tank;
(3) Installation or repair of inspection pipes and manhole covers;
(4) Repair or replacement of the line from the building to the septic tank; or
(5) Repair or replacement of the line from the septic tank or pump chamber to the distribution box of lines.
(C) Permit application. All applications for an ISTS permit shall include the following information:
(1) Name and address of property owner;
(2) Property identification number;
(3) Legal description of the property;
(4) ISTS designer name, address, telephone number and state MPCA license number (or city qualified employee name and number);
(5) ISTS installer name, address, telephone number and MPCA license number;
(6) Site evaluation report on forms approved by the city;
(7) System design with full information including applicable construction information on forms approved by the city;
(8) The location of at least one designated additional soil treatment area that can support system as described in Minn. Rules parts 7080.2200 through 7080.2230, or site conditions described in Minn. Rules 7081.0270, subps. 3 through 7, on lots created after January 23, 1996;
(9) A management plan as described in Minn. Rules 7082.0600 and this subchapter; and
(10) Any other information requested pertinent to the process.
(D) Operating permit.
(1) An operating permit is required for all treatment systems installed under Minn. Rules 7080.2290 (holding tanks), Minn. Rules 7080.2350-2400 (Type IV & V Systems), and Minn. Rules Ch. 7081 (MSTS). Sewage shall not be discharged to a treatment system requiring an operating permit until the city certifies that the treatment system was installed in substantial conformance with the approved plans, receives the final record drawings of the SSTS, and a valid operating permit is issued to the owner.
(2) The operating permit shall be valid for 12 months and renewed by the expiration date. The city shall review all required monitoring data submitted from the previous year and the renewal application before approving any subsequent operating permits. An operating permit shall include:
(a) A detailed description of the operation, maintenance, and monitoring, reporting and compliance limits and boundaries necessary to ensure both continued system performance as designed and protection of public health and the environment for the life of the system;
(b) A requirement that the person responsible for monitoring notify the city when monitoring plan requirements are not met;
(c) A disclosure of the location and condition of the additional soil treatment and dispersal system;
(d) A stipulation of acceptable and prohibited discharges; and
(e) The signatures of the system designer and owner.
(E) Compliance monitoring.
(1) Performance monitoring of a SSTS shall be performed by a licensed inspection business or licensed service provider hired by the holder of the operating permit in accordance with the monitoring frequency and parameters stipulated in the permit.
(2) A monitoring report shall be prepared and certified by the licensed inspection business or licensed service provider. The report shall be submitted to the department on or before the compliance reporting date stipulated in the operating permit. The report shall contain a description of the maintenance and servicing activities performed since the last compliance monitoring report as described below:
(a) Owner name and address;
(b) Operating permit number;
(c) Average daily flow since last compliance monitoring report;
(d) Description of type of maintenance and date performed;
(e) Description of sample taken (if required), analytical laboratory used and results of analyses;
(f) Problems noted with the system and actions proposed or taken to correct them; and
(g) Name, signature, license and license number of the licensed professional who performed the work.
(F) License requirements. All design, installation, alteration, repair, maintenance, operation, pumping and inspection activities for SSTS located in the county must be completed by a business licensed by the state under Minn. Rules Ch. 7083, an appropriately certified qualified employee, or a person exempted under Minn. Rules 7083.0700, subps. 1(A), (C), (D), (F), (G), (H) and (I). Individuals exempt from a state SSTS license under Minn. Rules 7083.0700, subps. 1(A), (C), (D), (F), (G), (H) and (I), must follow all applicable local, state and federal requirements. Property owners that employ a business to perform this work must hire a business that is licensed in accordance with Minn. Rules Ch. 7083.
(G) Application review and determination. If after consideration of the application for a permit, the city determines that the proposed work complies with provision of this subchapter, the city shall issue a written permit granting preliminary approval authorizing initiation of the work as proposed. If the city determines that the proposed work will not comply with the provisions of this subchapter, the city shall deny the permit application. The permit application may be revised or corrected and resubmitted to the city for reconsideration.
(H) Variances.
(1) Variances to wells and water supply lines require approval from the Minnesota Department of Health. The city may grant variances to the technical standards and criteria of Minn. Rules Ch. 7080 or this subchapter. However, the city is prohibited from granting variances to:
(a) Minn. Rules 7080.2150, Subp. 2;
(b) Minn. Rules 7081.0080, Subps. 2 to 5, however, variances may be granted to Minn. Rules 7081.0080, Subp. 4(0)(1), for the replacement of MSTS serving existing dwellings or other establishments; and
(c) Flow determinations under Minn. Rules 7081.0110, if the deviation reduces the average daily flow from more than 10,000 gallons to 10,000 gallons per day or less.
(2) All requests for a variance shall be requested in writing to the city on forms approved by the city.
(I) Periodically saturated soil disagreements.
(1) If a documented discrepancy arises on the depth of the periodically saturated soil between licensed businesses for SSTS design or compliance purposes, all disputing parties must follow the procedure outlined in this subsection.
(a) The disputing parties must meet at the disputed site in an attempt to resolve differences; and
(b) If the provision does not resolve the differences, then:
1. Obtain an opinion from a state licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties; and
2. If opinions rendered do not resolve the dispute, all initial and follow-up documents and information generated must be submitted to the city. The city shall take into consideration all information and opinions rendered and make a final judgment. The city shall render findings of fact, conclusions of law and findings setting forth the reasons for any final decisions it renders.
(2) If a documented discrepancy arises on the depth of the periodically saturated soil between an SSTS licensed business and the city for SSTS design or compliance purposes, all disputing parties shall follow the procedure outlined in this item.
(a) A representative of the city and the licensed business must meet at the disputed site in an attempt to resolve differences.
(b) If the provision does not resolve differences, then the SSTS licensed business may obtain an opinion from a state licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties.
(c) If still unresolved, the city shall take into consideration all information and opinions rendered and make a final judgment. The city shall render findings of fact, conclusions of law and findings setting forth the reasons for any final decisions they render.
(3) Upon resolution of a dispute, amendments to initial disputed documents containing the resolution shall be made and submitted to the city and all other parties involved.
(Ord. 2015-03, passed 2-25-2015)