(A) Objectives and title. The objectives of the city are to provide to the extent possible with on-site systems adequate and safe methods of sewage disposal and to prevent the contamination of any existing or future water supply by existing or future sewage disposal systems. To accomplish this objective, the city adopts the Minnesota Rules Chapter 7080, Individual Sewage Treatment Systems Program, as its Sewage Disposal Chapter. However, the systems, procedures, and other requirements of this chapter are not to be construed such as to afford direct protection to an individual landowner, but rather the purpose of this chapter is to adopt a general public policy relating to sewage disposal and clean water supplies.
(B) Definitions and interpretation. For the purpose of this section, certain terms or words used herein shall be interpreted as follows: The word “shall” is mandatory, the words “should” and “may” are permissive. All distances, unless otherwise specified, shall be measured horizontally. Definitions are listed in Minnesota Rules, part 7080.0020, with the following additions:
ADMINISTRATOR.
The Building Official.
AGENCY APPROVED DISPOSAL FACILITY. Any disposal facility which has a National Pollutant Discharge Elimination System (NPDES) Permit or State Disposal System Permit or letter of approval from the agency.
(C) Amendments. The city requires that the following amendments to Minnesota Rules Chapter 7080 shall take precedence on the construction of on-site sewage disposal systems:
(1) All on-site sewage disposal systems shall be constructed with two 1,000-gallon single compartment septic tanks and a minimum of 1,250 square feet of drain field.
(2) All on-site disposal systems with pumps shall be constructed with a 1,000-gallon pump chamber in addition to the two 1,000-gallon tanks.
(3) (a) The square footage required for mound systems will be sized according to the total gallons per day (g.p.d.) with no 0.83 sizing reduction. This will provide consistency and simplify the sizing of mound systems. For example, a two-bedroom house with 300 g.p.d. will be sized at 300 square feet, a three-bedroom house with 450 g.p.d. will be sized at 450 square feet.
(b) The new sizing requirement should in no way draw attention away from the necessity for clean washed sand or take away the ability of the site evaluator/installer to size the mound system larger due to other circumstances such as an oversized bathtub/whirlpool.
(4) For soils with a percolation rate of one minute per inch or faster, at least 12 inches of loamy sand textured soil with a percolation rate between six and 15 minutes per inch at the original site must be placed between the drain field rock and the coarse soil along the excavation bottom and sidewalls. The size of the soil treatment system must be based on the required treatment area for a soil having a percolation rate of 16 to 30 minutes per inch or the minimum county requirements per bedroom, whichever is greater. For soils with a percolation rate between one and five minutes per inch, the special considerations for rapidly permeable soils in Minnesota Rules Chapter 7080 must be followed.
(5) Where centralized sanitary sewer is available, septic compliance verification must be provided to the city's Building Official for review and acceptance when a building permit is applied for any living area expansion or remodel as determined by the Building Official. Should the Building Official find the existing sewage disposal system is in non-compliance with Minnesota Rules Chapter 7080, the owner of the property shall be required to hook up to city sanitary sewer where available within six months of issuing a building permit.
(D) Permits. No person, firm, or corporation shall install, alter, repair, or extend any individual sewage disposal system in the city without first obtaining a permit therefor from the city or its authorized representative for the specific installation, alteration, repair, or extension. A permit shall be valid for a period of six months from date of issue, subject to the fees according to the current fee schedule.
(E) Inspection.
(1) For new construction, the Building Official shall make 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 by the Building Official. It shall be the responsibility of the applicant for the permit to notify the Building Official that the job is ready for inspection or reinspection, and it shall be the duty of the Building Official to make the indicated inspection within 24 hours after such notice has been given. It shall be the duty of the owner or occupant of the property to give the Plumbing Inspector free access to the property at reasonable times for the purpose of making such inspection.
(2) Upon completion of the installation or renovation of an on-site system the system owner or agent shall submit a description of the system as installed to the Building Official. The description shall include site address, location, and layout of the system on the site, the type and design of system installed, the type of building served, and the results of the site suitability analysis (percolation tests and/or soil borings).
(F) Certification. No person shall engage in the business of or perform for others the service of soil and percolation testing and site evaluation, installing, renovating, repairing, or pumping and cleaning sewage treatment systems within the city without first obtaining MPCA Certification, as defined in Minnesota Rules Chapter 7080.
(G) System inventory. The Building Official shall create, update, and maintain an accurate inventory of all new and renovated individual sewage disposal systems within the city corporate limits. Information to be recorded shall include, but not be limited to:
(1) Location;
(2) Description of original installation;
(3) Improvement made;
(4) Pumping records;
(5) Soil types.
(H) Administration.
(1) Enforcement.
(a) Any person who commits any of the following acts or violates any of the provisions of this chapter which prescribe that certain action is unlawful shall be guilty of a misdemeanor, and upon conviction thereof shall be penalized as provided in § 155.999; each day that unlawful activity continues shall constitute a separate violation:
1. Disposes of sewage or installs or renovates an individual sewage treatment system without first having received a permit as provided herein;
2. Installs or renovates an individual sewage treatment system or discharges sewage in a manner which involves the knowing and material variation from the terms and specifications contained in the application or permit;
3. Violates the terms of an order issued pursuant to the provisions contained herein.
(b) The Building Official may by written order suspend or revoke any disposal or system permit when he or she has information indicating that the permit has been issued in error or on the basis of incorrect or inadequate information or that work is not being performed in compliance with this chapter or the provisions of any permit issued hereto.
(2) Cease and desist orders.
(a) The City Attorney may issue an order to the owner or occupant of any premises utilizing an individual sewage treatment system to cease and desist the use of any system which is operating in manner creating substantial hazard to the public, health, safety, or welfare or which has not been repaired in accordance with the provisions of an order issued. A noticed public hearing shall be held within 14 days following the issuance of such an order to determine whether the order should be continued in force and effect.
(b) The city may cause to be assessed against the property on which an individual sewage treatment system is located the cost of proper closure, restoration, and cleanup of pollution occurring as a result of a system failure. Upon certification by the accountant of the cost incurred, the City Administrator shall cause the cleanup assessment to be levied against the property on which the system is located.
(3) Liability. The Building Official or any employee of the city charged with the enforcement of this section, acting in good faith and without malice for the discharge of his duties, shall not thereby render him- or herself personally liable and he or she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Building Official or employee because of such act or omission performed by him or her in the enforcement of any provision of this chapter shall be defended by the legal department of the city until final termination of the proceedings.
(4) Cooperation of other officials. The Building Official may request, and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the other officials of the city.
(5) Appeals and variances. Appeals from the Building Official's decision and requests for variances as to any provisions of this section may be made to the city. The Planning Commission may grant a variance to the strict terms or requirements of this chapter as it affects specific tracts of land if it finds that:
(a) It is shown by reason of topography or other physical conditions that strict compliance with the chapter's requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right;
(b) By the granting of the variance, the spirit and intent of the chapter will not be adversely affected;
(c) The variance will not be injurious to the health and/or general welfare of:
1. The users of the system for which the variance is sought;
2. The adjacent property owners; and
3. The general community as a whole;
(d) The establishment, maintenance, or operation of the system as permitted by the variance will not be detrimental to or endanger the public health, safety, or general welfare and is not contrary to established standards, regulations, or ordinances of other governmental agencies.
(Ord. 110, passed 11-15-97; Am. Ord. 0408, passed 12-14-04; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1106, passed 8-9-11) Penalty, see § 155.999
Cross-reference:
Private wastewater disposal, see § 51.03