(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 system, in accordance with § 10.20. 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 subchapter. Refusal to allow reasonable access to the property by the city, in accordance with § 10.20, 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 subchapter.
(B) New construction or replacement.
(1) New installation inspections must be performed on new or replacement SSTS to determine compliance with Minn. Rules Chapters 7080 or 7081, respectively, as they may be amended from time to time, 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 non-compliance must be issued to the owner which includes a statement specifying those ordinance 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 non-compliance.
(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; or
(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) Water-tightness 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, subpart 4B, as amended from time to time; 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 non-compliance must include a statement specifying those ordinance 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 non-compliance 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 non-compliance.
(D) Transfer of property. Any property on which a 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 division (C)(3);
(2) A winter agreement, as provided in division (A)(4) above;
(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; or
(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 division (A)(4) above, 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, subpart 3(K), as it may be amended from time to time, 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, subpart 4(D), as it may be amended from time to time, 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 § 151.17.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99