(A) The 1969 edition of the Minnesota Individual Sewage Disposal System Code of Minimum Standards recommended by the Minnesota Department of Health and as modified by the City Council of Elbow Lake is hereby adopted by reference and made a part of this chapter as if fully set forth herein, and all development proposed in any of the zoning use districts established by this chapter shall comply with the sanitation standards therein contained. The Clerk-Administrator-Treasurer shall mark three copies of this code as official copies and file them in his office for use and examination.
(B) Licensing.
(1) No, persons, firm, or corporation shall engage in the business of installing and constructing sewage disposal systems, excavating or altering for said purpose of installation within the city without first obtaining a license to carry on such occupation from either the City Council of Elbow Lake or Grant County Commissioners and procuring and posting with either the Clerk-Administrator- Treasurer or the County Auditor a bond in the amount of $1,000 in favor of the city or county and the public, conditioned upon the faithful performance of contracts and compliance with this chapter. Such license shall be revoked or refused by the City Council or County Commissioners for cause. Any installation, construction or alteration of a sewage disposal system by a licensee in violation of this chapter or refusal on the part of a licensee to correct such defective work performed by such licensee shall be cause for revocation of or refusal to renew a license. If such licensee who has not complied with this chapter has been licensed by Grant County but not the City of Elbow Lake, such licensee must then also obtain a license from the city to continue to carry on such occupation within the city.
(2) The annual license fee shall be $10. Application for such license shall be made annually on a form furnished by the Clerk-Administrator-Treasurer or County Auditor.
(3) Before any license issued under the provision of this section may be revoked or its renewal refused, the licensee shall be given a hearing to show cause why such license should not be revoked or refused. Notice of time, place, and purpose of such hearing shall be in writing.
(C) Permits.
(1) No person, firm, or corporation shall install an individual sewage disposal system in the city without first obtaining a permit from the Clerk-Administrator-Treasurer or any other person designated by the Council for the specific installation and at the time of applying for said permit, shall pay a fee therefor of $5. Such permits shall be valid for a period of six months from the date of issue.
(2) Applications for permits shall be made in writing upon printed blanks or forms furnished by the city and shall be signed by the applicant.
(3) Each application for a permit shall have thereon the correct legal description of the property on which the proposed installation is to take place and each application for a permit shall be accompanied by a plot of the land showing the location of any proposed or existing buildings located on the property with respect to the boundary and complete plans of the proposed system with substantiating data, if necessary, attesting to the compliance with the minimum standards of this chapter.
(4) A complete plan shall include the location, size, and design of all parts of the systems to be installed. The application shall also show the present or proposed location of water supply facilities and water supply piping and the name of the persons, firm, or corporation who is to install the system and shall provide such further information as may be required by the City Planning Commission.
(5) The results of two soil percolation tests taken by a certified percolation tester shall be required prior to issuing a sewage system permit. Percolation tests shall be taken in the immediate area of proposed soil absorption area of the system.
(D) Construction requirements. Every individual sewage system installed after the effective date of this chapter shall conform to the standards of the code herein adopted by reference.
(E) Inspection.
(1) The Clerk-Administrator-Treasurer or any other person designated by the Council shall cause such inspection or inspections as are necessary to determine compliance with this chapter. No part of the system shall be covered until it has been inspected and accepted. It shall be the responsibility of the applicant for the permit to notify the city that the job is ready for inspection or reinspection and it shall be the duty of the city to make the indicated inspections within a 24 hour working day period, excluding Saturday, Sunday, or legal holidays, after such notice has been given. It shall be the duty of the owner or occupant of the property to give the city free access to the property at reasonable times for the purpose of making such inspections. Upon satisfactory completion and final inspection of the system, the city shall issue to the applicant a certificate of approval.
(2) If upon inspection the city discovers that any part of the system is not constructed in accordance with the minimum standards provided in this chapter the applicant shall pay an additional fee of $3 for the second inspection. For each reinspection that is necessary, a fee of $10 will be charged. The applicant shall be responsible for the correction or elimination of all defects and no system shall be placed or replaced in service until all defects have been corrected or eliminated.
(3) There shall be open for city inspection purposes only, a hole not less than two inches in diameter and four feet in depth from the bottom of the lowest point in the soil absorption area of the system.
(F) Water supply.
(1) Any public or private supply of water for domestic purposes must conform to Minnesota Department of Health standards for water quality.
(2) Private wells shall be placed in areas not subject to flooding and upslope from any source of contamination. Wells already existing in areas subject to flooding shall be floodproofed in accordance with procedures established in Statewide Standards and Criteria for the management of Flood Plain Areas of Minnesota.
(G) Sewage disposal. Any premises used for human occupancy shall be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices.
(1) Public or municipal collection and treatment facilities must be used where feasible.
(2) All private sewage systems shall conform to applicable standards, criteria, rules and regulations of the Minnesota Department of Health, the Pollution Control Agency, and any applicable local government regulations in terms of size, construction, use and maintenance.
(3) Location and installation of a septic tank and soil absorption system shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the safety of any domestic water supply nor pollute or contaminate any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and slope of the lot, slope of natural and finished grade, soil permeability, high ground water elevation, geology proximity to existing or future supplies, accessibility for maintenance and possible expansion of the system.
(a) Placement of soil absorption systems shall be subject to the following specifications: ten feet from a lot line; 20 feet from a building intended for human occupancy; and 50 feet from a well or other water supply source.
(b) Minimum seepage area of the disposal field (total flat area of trench bottom exclusive of sidewall area) shall be determined by the percolation test procedure as specified in the 1969 edition of the Minnesota Individual Sewage Disposal System Code of Minimum Standards and Appendix C.
(4) Septic, tank and soil absorption systems shall be set back from the normal high water mark at least 50 feet.
(5) Septic tank and soil absorption or similar systems shall not be acceptable for disposal of domestic sewage for developments on lots adjacent to public waters under the following circumstances:
(a) Low swampy areas or areas subject to recurrent flooding; or
(b) Areas where the highest known ground water table is within four feet of the soil absorption system; or
(c) Areas of exposed bedrock or shallow bedrock within four feet of the bottom of the soil absorption system or where subsurface conditions significantly restrict percolation of effluent; or
(d) Areas of ground slope where there is danger of seepage of the effluent onto the surface of the ground in accordance with the following critical slope values:
PERCOLATION RATE | CRITICAL SLOPE |
Less than 3 | 20% or more |
3-45 | 15% or more |
45-60 | 10% or more |
1. Absorption area for seepage pits is figured as effective sidewall area beneath the inlet.
2. Absorption area for standard trenches is figured as trench-bottom area.
3. In every case sufficient area should be provided for at least two bedrooms.
4. Unsuitable for seepage pits if over 30.
5. Unsuitable for absorption systems if over 60.
(H) Alternative methods of sewage disposal, such as holding tanks, privies, electric or gas incinerators, biological and/or tertiary waste treatment plants or land disposal systems, may be permitted; provided such facilities meet the standards, criteria, rules, and regulations of the Minnesota Pollution Control Agency and the Minnesota Department of Health.
(Ord. 126, passed 6-28-76)