(A) Purpose. The purpose of this ordinance is to establish minimum requirements for regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the county to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances. It is intended to serve the best interests of the county’s citizens by protecting its health, safety, general welfare and natural resources.
(B) Objectives. The principal objectives of this section shall include the following:
(1) The protection of lakes, rivers and streams, wetlands and groundwater in the county essential to the promotion of public health, safety, welfare, socioeconomic growth and development of the county;
(2) The regulation of proper SSTS construction, reconstruction, repair and maintenance to prevent the entry and migration of contaminants, thereby protecting the degradation of surface water and groundwater quality;
(3) The establishment of minimum standards for SSTS placement, design, construction, reconstruction, repair and maintenance to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration;
(4) The appropriate utilization of privy vaults and other non-water carried sewage collection and storage facilities; and
(5) The provision of technical assistance and education, plan review, inspections, SSTS surveys and complaint investigations to prevent and control water-borne diseases, lake degradation, groundwater related hazards and public nuisance conditions.
(C) Authority. This ordinance is adopted pursuant to M.S. § 115.55, as it may be amended from time to time; M.S. §§ 145A.01 through 145A.08, as they may be amended from time to time; M.S. § 375.51, as it may be amended from time to time; or successor statutes, and Minnesota Rules, Chapter 7080, Chapter 7081, Chapter 7082; or successor rules.
(D) Effective date. The provisions set forth in this ordinance shall become effective on January 21, 2010.
(E) Scope. This ordinance regulates the siting, design, installation, alterations, operation, maintenance, monitoring and management of all SSTS within the county’s applicable jurisdiction including, but not necessarily limited to, individual SSTS and cluster or community SSTS, privy vaults, and other non-water carried SSTS. All sewage generated in unsewered areas of the county shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated and maintained in accordance with the provisions of this ordinance or by a system that has been permitted by the MPCA.
(F) Jurisdiction. The jurisdiction of this ordinance shall include all lands of the county except for incorporated areas that administer a subsurface sewage treatment system (SSTS) program by ordinance within their incorporated jurisdiction, which is at least as strict as this ordinance and has been approved by the county. The County Public Health Services Department shall keep a current list of local jurisdictions within the county administering a SSTS program. The county must permit and inspect SSTS within cities and townships that do not administer an effective SSTS ordinance.
(G) County administration. The County Public Health Department shall administer the SSTS program and all provisions of this ordinance. At appropriate times, the county shall review this and revise and update this ordinance as necessary. The county shall employ or retain under contract qualified and appropriately licensed professionals to administer and operate the SSTS program.
(H) State. Where a single SSTS or group of SSTS under single ownership within one-half mile of each other have a design flow greater than 10,000 gallons per day, the owner or owners shall make application for and obtain a state disposal system permit from MPCA. For any SSTS that has a measured daily flow for a consecutive seven-day period which equals or exceeds 10,000 gallons per day, a state disposal system permit is required. SSTS serving establishments or facilities licensed or otherwise regulated by the state shall conform to the requirements of this ordinance.
(I) Cities and towns. Any jurisdiction within the county that regulates SSTS must comply with the standards and requirements of this ordinance. The standards and ordinance of the jurisdiction may be administratively and technically more restrictive than this ordinance.
(J) Validity. The validity of any part of this ordinance shall not be affected by the invalidity of any other parts of this ordinance where the part can be given effect irrespective of any invalid part or parts.
(K) Liability. Any liability or responsibility shall not be imposed upon the department or agency or any of its officials, employees or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation or abandonment of any onsite or cluster treatment system regulated under this rule by reason of standards, requirements or inspections authorized hereunder.
(L) Retroactivity.
(1) All SSTS. Except as explicitly set forth in § 4.01(B), all provisions of this ordinance shall apply to any SSTS regardless of the date it was originally permitted.
(2) Existing permits. Unexpired permits which were issued prior to the effective date shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system ownership whichever is earlier.
(3) SSTS on lots created before January 23, 1996. All lots created after January 23, 1996 must have a minimum of two soil treatment and dispersal areas that can support trenches, seepage beds, mounds, and at-grade systems as described in Minnesota Rules, Parts 7080.2200 through 7080.2230; or site conditions described in 7081.0270, Subp. 3 through 7.
(4) Existing SSTS without permits. Existing SSTS with no permits of record shall require a permit and be brought into compliance with the requirements of this ordinance regardless of the date they were originally constructed regardless of the date they were originally constructed upon inspection or Public Health Services Department investigation.
(M) Upgrade, repair, replacement and abandonment.
(1) SSTS capacity expansions. Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this ordinance at the time of the expansion.
(2) Bedroom additions. The owner is allowed five years from the date of issuance of a bedroom addition permit to upgrade, repair, replace or abandon an existing system if the following conditions apply.
(a) Any time an application for a zoning permit is made for the addition of a bedroom on the property, or a variance is requested to an existing system:
1. If a request for an additional bedroom or variance is received between November 1 and April 30, the county may issue a permit or variance immediately with the requirement that a compliance inspection be completed by the following June 1 and a certificate of compliance be submitted by the property owner by the following September 30. All other requests require a certificate of compliance prior to issuance of a permit.
2. If a system constructed between May 27, 1989 and January 23, 1996 does not comply with applicable requirements, and is not an imminent public health threat, a property owner applying for a zoning permit to construct a bedroom addition has five years from the date of issuance of such zoning permit to bring the system into compliance and submit a certificate of compliance to the Environmental Health Department.
(b) The SSTS does not comply with Minnesota Rules, Part 7080.1500, Subp. 4.B.;
(c) The SSTS is not determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Part 7080.1500, Subp. 4.A.
(3) Failure to protect groundwater. An SSTS that is determined not to be protective of groundwater in accordance with Minnesota Rules, Part 7080.1500,Subp.4.B shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this ordinance within five years of receipt of a notice of noncompliance.
(4) Imminent threat to public health or safety. An SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Part 7080.1500, Subp.4A shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this ordinance within ten months of receipt of a notice of noncompliance.
(5) Abandonment. Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in accordance with Minnesota Rules, Part 7080.2500.
(N) SSTS in floodplains. SSTS shall not be located in a floodway and wherever possible, location 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 in Minnesota Rules, Part 7080.2270 and all relevant local requirements are met.
(O) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the 40 C.F.R. part 144, are required by the federal government to submit SSTS inventory information to the Environmental Protection Agency as described in 40 C.F.R. Part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures.
(P) SSTS practitioner’s license.
(1) No person shall engage in site evaluation, inspection, design, installation, construction, alternation, extension, repair, maintenance or pumping of SSTS without an appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter 7083, except as exempted in Part7083.0700.
(2) A license is not required for an individual who is constructing a system on land that is owned or leased by the individual and functions solely as a dwelling or seasonal dwelling for that individual. The SSTS shall be designed by a business or individual licensed as specified in § 4.05(A). The individual shall provide to the Public Health Services Department a signed agreement which indemnifies and holds the county harmless from all losses, damages, costs and charges that may be incurred by the county due to the failure of the permittee to conform to and comply with the provisions of this ordinance. Pressurized systems or mounds and Type III, IV or V systems shall not be constructed by anyone other than a licensed installer. All systems whether constructed by a property owner or a licensed contractor shall be inspected in accordance with § 7.02(B).
(Q) Prohibitions.
(1) Occupancy or use of a building without a compliant SSTS. It is unlawful for any person to maintain, occupy or use any building intended for habitation that is not provided with a wastewater treatment system that disposes of wastewater in a manner that does not comply with the provisions of this ordinance.
(2) Sewage discharge to ground surface or surface water. It is unlawful for any person to construct, maintain or use any SSTS system regulated under this ordinance that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the national pollutant discharge elimination system program by the MPCA.
(3) Sewage discharge to a well or boring. It is unlawful for any person to discharge raw or treated wastewater into any well or boring a described in Minnesota Rules, Part 4725.2050, or any other excavation in the ground that is not in compliance with this ordinance.
(4) Discharge of hazardous or deleterious materials. It is unlawful for any person to discharge into any treatment system regulated under this ordinance any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality.
(R) Standards adopted by reference. The county hereby adopts by reference Minnesota Rules, Chapters 7080 and 7081 in their entirety as now constituted and from time to time amended. This adoption does not supersede the county’s right or ability to adopt local standards that are in compliance with M.S. § 115.55, as it may be amended from time to time.
(S) Amendments to the adopted standards.
(1) List of adopted standards. In addition to the SSTS setbacks set forth in Minnesota Rules, Chapters 7080 and 7081:
(a) The separation distance from a SSTS to a Type 3, 4, 5 or 6 wetland shall be 50 feet;
(b) The separation distance to artificial drainage ditch shall be 50 feet; and
(c) The separation distance from a well to a SSTS shall be as specified in M.S. § 1031, as it may be amended from time to time, and Minnesota Rules Chapter 4725 and 4720 as amended.
(d) When a permanent SSTS easement is placed on an adjacent property, the side or rear property line setback distance may be reduced or eliminated between the parcel with a residence or commercial use and the easement tract. In such SSTS easement situations, the side and rear yard setbacks shall be applied to the easement area.
(2) Determination of hydraulic loading rate and SSTS sizing. Table IX from Minnesota Rules, Part 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 herein adopted by reference shall be used to determine the hydraulic loading rate and infiltration area for all SSTS permitted under this ordinance.
(3) Compliance criteria for existing SSTS. SSTS built before April 1, 1996 outside of areas designated as shoreland areas, wellhead protection areas or SSTS providing sewage treatment for food, beverage or lodging establishments must have at least two feet of vertical separation between the bottom of the dispersal system and seasonal saturation or bedrock. SSTS built after March 31, 1996 or SSTS located in a shoreland area, wellhead protection area or serving a food, beverage or lodging establishment as defined under Minnesota Rules, Part 7080.1100, Subp. 84 shall have a three-foot vertical separation between the bottom soil infiltrative surface and the periodically saturated soil and/or bedrock. Existing systems that have no more than a 15% reduction in this separation distance (a separation distance no less than 30.6 inches) to account for settling of sand or soil, normal variation of separation distance measurements and interpretation of limiting layer characteristics may be considered compliant under this ordinance. The vertical separation measurement shall be made outside the area of system influence but in an area of similar soil. 7080.1500, Subp.4.
(4) Holding tanks. Holding tanks are restricted to the following:
(a) Where it can be documented that there is extremely low flow to the system which could result in winter freezing;
(b) Where there is no other building or system on the property where sewage could be combined and treated together;
(c) Existing lots of record which have no other alternative. When a holding tanks is permitted, it must be used under the following conditions.
1. The owner shall install a holding tank in accordance with Minnesota Rules Part 7080.2290.
2. The owner shall install a water meter to continuously record indoor water use.
3. The owner shall maintain a valid contract with a licensed liquid waste hauler to pump and haul the holding tank to a licensed treatment facility.
4. The holding tank shall be regularly pumped, no less frequently than bi-weekly or other regular schedule agreed upon with the Public Health Services Department.
5. The pumper shall certify each date the tank is pumped, the volume of the liquid waste removed, the treatment facility to which the waste was discharged, and the water meter reading at the time of pumping and report to the Public Health Services Department that the holding tank is pumped less frequently than biweekly or other schedule agreed upon with the Public Health Services Department.
(T) Variances.
(1) Variance requests. A property owner may request a variance from the standards as specified in this ordinance pursuant to county policies and procedures.
(2) Affected agency. Variances that pertain to the standards and requirements of the state must be approved by the affected state agency pursuant to the requirements of the state agency.
(3) Board of Adjustment. The Board of Adjustment shall have the authority only to consider variances to horizontal setbacks from property lines, rights-of-way, structures or buildings. Variances shall only be permitted when they are in harmony with the general purposes and intent of this ordinance where there are practical difficulties or particular hardship in meeting the strict letter of this ordinance. Variance requests to deviate from the design flow determination procedures in Minnesota Rules, Part 7081.0110 if the deviation reduces the average daily estimated flow from greater than 10,000 gallons per day to less than 10,000 gallons per day, or to provisions in Parts 7080.2150, Subp. 2, and 7081.0080, Subp. 2 through 5 regarding the vertical separation required beneath the treatment and dispersal soil system and saturated soil or bedrock from the required three feet of unsaturated soil material (except as provided in Parts 7082.1700, Subp. 4D) must be approved by MPCA. Variances to wells and water supply lines must be approved by the State Department of Health.
(U) Permit required. It is unlawful for any person to construct, install, modify, replace or operate a SSTS without the appropriate permit from the County Planning and Zoning Department. The issuing of any permit, variance or conditional use under the provisions of this ordinance shall not absolve the applicant of responsibility to obtain any other required permit.
(V) Zoning permit. A zoning permit shall be obtained by the property owner or an agent of the property owner from the county prior to the installation, construction, replacement, modification, alteration, repair or capacity expansion of a SSTS. The purpose of this permit is to ensure that the proposed construction activity is sited, designed and constructed in accordance with the provisions of this ordinance by appropriately certified and/or licensed practitioner(s).
(1) Activities requiring a construction permit. A zoning permit is required for installation of a new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components that will alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout or function.
(2) Activities not requiring a permit. A zoning permit is not required for minor repairs or replacements of system components that do not alter the original function of the system, change the treatment capacity of the system, change the location of the system or otherwise change the original system’s design, layout or function.
(3) Permit application requirements.
(a) Zoning permit applications shall be made on forms provided by the County Planning and Zoning Department and signed by the applicant. Construction designs shall be complete and signed by an appropriately certified practitioner including the practitioner’s certification number and date of expiration.
(b) The applications shall include the documents listed in subsections (V)(3)(b)1. through (V)(3)(b)5. below:
1. Name, mailing address, telephone number and email address;
2. Property identification number and address or other description of property location;
3. Site evaluation report as described in Minnesota Rules, Part 7080.1730;
4. Design report as described in Minnesota Rules, Part 7080.2430; and
5. Management Plan as described in Minnesota Rules, Part 7082.0600.
(4) Application review and response.
(a) The County Planning and Zoning Department shall refer the permit to the County Public Health Department. The County Public Health Department shall review a permit application and supporting documents. Upon satisfaction that the proposed work will conform to the provisions of this ordinance, the County Public Health Department shall issue a written notification that the Planning and Zoning Department may issue a permit authorizing construction of the SSTS as designed, in the event the applicant makes a significant change to the approved application, the applicant must file an amended application detailing the changed conditions for approval prior to initiating or continuing construction, modification or operation for approval or denial. The Planning and Zoning Department shall refer the amended permit to the County Public Health Department. The County Public Health Department shall complete the review of the amended application. If the permit application is incomplete or does not meet the requirements of this ordinance the County Public Health Department shall advise the County Planning and Zoning office to deny the application.
(b) A notice of denial shall be provided to the applicant by the County Public Health Department which must state the reason for the denial.
1. Appeal. The applicant may appeal the County Public Health Services Department’s decision to deny the zoning permit in accordance with the county’s established policies and appeal procedures.
2. Permit expiration. The zoning permit for an SSTS system is valid for a period of no more than one year from its date of issue. Satisfactory completion of construction shall be determined by receipt of final record drawings and a signed certification that the construction or installation of the system was completed in reasonable conformance with the approved design documents by a qualified employee of the County Public Health Services Department or a licensed inspection business, which is authorized by the Public Health Services Department and independent of the owner and the SSTS installer.
3. Extensions and renewals. The County Public Health Services Department may authorize the County Planning and Zoning Department to grant an extension of the zoning permit if the construction has commenced prior to the original expiration date of the permit. The permit may be extended for a period of no more than six months.
4. Transferability. A zoning permit for an SSTS system shall not be transferred to a new owner. The new owner must apply for a new zoning permit in accordance with this section.
5. Suspension or revocation. The Planning and Zoning Department may suspend or revoke a zoning permit issued under this section for any false statements, misrepresentations of facts on which the zoning permit was issued, or if notified by the County Public Health Services Department that there have been unauthorized changes to the system design that alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout or function. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the permit holder. If suspended or revoked, installation or modification of a treatment system may not commence or continue until a new or amended zoning permit is obtained.
6. Posting. The zoning permit shall be posted on the property in such a location and manner so that the permit is visible and available for inspection until construction is completed and certified.
(W) Operating permit.
(1) SSTS requiring an operating permit. An operating permit shall be required of all owners of new holding tanks or MSTS or any other system deemed by the County Public Health Services Department to require operational oversight. Sewage shall not be discharged to a holding tank or MSTS until the County Public Heath Department certifies that the MSTS or holding tank was installed in substantial conformance with the approved plans, receives the final record drawings of the MSTS and a valid operating permit is issued to the owner.
(2) Permit application requirements. Application for an operating permit shall be made on a form provided by the Planning and Zoning Department, including:
(a) Owner name, mailing address, telephone and email address;
(b) Construction permit reference number and date of issue;
(c) Final record drawings of the treatment system;
(d) Owners of holding tanks must submit a copy of a valid executed monitoring and disposal contract with a licensed maintenance business; and
(e) The permit will be forwarded to the County Public Health Department for final approval.
(3) Monitoring and disposal contract. Owners of holding tanks shall provide to the County Public Health Services Department a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business, which guarantees the removal of the holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minnesota Rules, Part 7082.0100, Subp. 3G. This requirement is waived if the owner is a farmer who is exempt from licensing under M.S. § 115.56, Subdivision 3, paragraph (b), clause (3), as it may be amended from time to time.
(4) County Health Department response. The County Public Health Services Department shall review the record drawings, operation and maintenance manual, management plan, maintenance and servicing contract, and any other pertinent documents as appropriate for accuracy and completeness. If any deficiencies are identified, the operating permit shall be denied until the deficiencies are corrected to the satisfaction of the County Public Health Services Department. If the submitted documents fulfill the requirements, the County Public Health Department shall notify the County Planning and Zoning Department that the permit is ready to issue. The Planning and Zoning Department shall issue the operating permit.
(5) Operating permit terms and conditions. The operating permit shall include the following:
(a) System performance requirements;
(b) System operating requirements;
(c) Monitoring locations, procedures and recording requirements;
(d) Maintenance requirements and schedules;
(e) Compliance limits and boundaries;
(f) Reporting requirements;
(g) Department notification requirements for non-compliant conditions;
(h) Valid contract between the owner and a licensed maintenance business;
(i) Disclosure, location and condition of acceptable soil treatment and dispersal system site; and
(j) Descriptions of acceptable and prohibited discharges.
(X) Permit expiration and renewal.
(1) Operating permits shall be valid for the specific term stated on the permit as determined by the Department.
(2) An operating permit must be renewed prior to its expiration. If not renewed, the Department may require the system to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within in 90 calendar days of the expiration date, the county may require that the system be abandoned in accordance with § 4.04.
(3) The Department shall notify the holder of an operating permit at least 90 calendar days prior to expiration of the permit. The owner must apply for renewal at least 30 calendar days before the expiration date.
(4) Application shall be made on a form provided by the County Public Health Services Department, including:
(a) Applicant name, mailing address and phone number;
(b) Reference number of previous owner’s operating permit;
(c) Any and all outstanding compliance monitoring reports as required by the operating permit;
(d) Certified treatment system inspection signed and/or sealed by a certified designer, maintenance contractor or operator at the discretion of the County Public Health Services Department;
(e) Any revisions made to the operation and maintenance manual; and
(f) Payment of application review fee as determined by the County Public Health Services Department.
(Y) Amendments to existing permits not allowed. The county may not amend an existing permit to reflect changes in this ordinance until the permit term has expired and is renewed, unless an amendment is necessary to eliminate an imminent threat to public health or safety.
(Z) Transfers. The operating permit may not be transferred. A new owner shall apply for an operating permit in accordance with § 4.03(B). The Department shall not terminate the current permit until 60 calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner’s application, the Department may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee.
(AA) Suspension or revocation.
(1) The Department may suspend or revoke any operating permit issued under this section for any false statements or misrepresentations of facts on which the operating permit was issued.
(2) Notice of suspension revocation and the reasons for revocation shall be conveyed in writing to the owner.
(3) If suspended or revoked, the Department may require that the treatment system be removed from service, operated as a holding tank, or abandoned in accordance with Article IV.
(4) At the Department’s discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions.
(BB) 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 a form provided by the Department on or before the compliance reporting date stipulated in the operating permit. The report shall contain a description of all 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 samples 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.
(CC) Abandonment certification.
(1) Purpose. The purpose of the system abandonment certification is to ensure that a treatment system no longer in service is abandoned within a reasonable time following decommissioning and in a manner that protects public health, safety and water quality. It also terminates all permits associated with the system.
(2) Abandonment requirements.
(a) Whenever the use of a SSTS or any system component is discontinued as the result of a system repair, modification, replacement or decommissioning following connection to a municipal or private sanitary sewer, or condemnation or demolition of a building served by the system, further use of the system or any system component for any purpose under this ordinance shall be prohibited.
(b) Continued use of a treatment tank where the tank is to become an integral part of a replacement system or a sanitary sewer system requires the prior written approval of the Department.
(c) An owner of an SSTS must retain a licensed installation business to abandon all components of the treatment system within 60 calendar days of a system. Abandonment shall be completed in accordance with Minnesota Rules, Part 7080.2500. No prior notification of the Public Health Services Department of an owner’s intent to abandon a system is necessary.
(d) A report of abandonment certified by the licensed installation business shall be submitted to the Department. The report shall include:
1. Owner’s name and contact information;
2. Property address;
3. System construction permit and operating permit;
4. The reason(s) for abandonment; and
5. A brief description of the abandonment methods used, description of the system components removed or abandoned in place, and disposition of any materials or residuals.
(DD) Abandonment certificate. Upon receipt of an abandonment report and its determination that the SSTS has been abandoned according to the requirements of this ordinance, the Department shall issue an abandonment certificate. If the abandonment is not completed according the requirements of this ordinance, the County Public Health Services Department shall notify the owner of the SSTS of the deficiencies, which shall be corrected within 30 calendar days of the notice.
(EE) Management plans.
(1) Purpose. The purpose of management plans is to describe how a particular SSTS is intended to be operated and maintained to sustain the performance required. The plan is to be provided by the certified designer to the system owner when the treatment system is commissioned.
(2) Management plan requirements.
(a) SSTS requiring management plans. Management plans are required for all new or replacement SSTS. The management plan shall be submitted to the County Public Health Services Department with the construction permit application for review and approval. The County Public Health Services Department shall be notified of any system modifications made during construction and the management plan revised and resubmitted at the time of final construction certification
(b) Required contents of a management plan. Management plans shall include (Minnesota Rules, Part 7082.0600, Subp. 1):
1. Operating requirements describing tasks that the owner can perform and tasks that a licensed service provider or maintainer must perform;
2. Monitoring requirements;
3. Maintenance requirements including maintenance procedures and a schedule for routine maintenance;
4. Statement that the owner is required to notify the Department when the management plan requirements are not being met;
5. Disclosure of the location and condition of the additional soil treatment and dispersal area on the owner’s property or a property serving the owner’s residence; and
6. Other requirements as determined by the Department. These may include, but are not limited to: a description of the system and each component, how the system functions, a plot plan of the system, equipment specifications, emergency operating procedures in the event of a malfunction and a troubleshooting guide.
(FF) Requirements for systems not operated under a management plan (Minnesota Rules, Part 7082.0100, Subp. 3(L). SSTS that are not operated under a management plan or operating permit must have treatment tanks inspected and provide for the removal of solids if needed every three years. Solids must be removed when their accumulation meets the limit described in Minnesota Rules, Part 7080.2450.
(GG) Compliance management.
(1) Public education outreach. Programs shall be provided by the Department and/or others to increase public awareness and knowledge of SSTS. Programs may include distribution of educational materials through various forms of media and SSTS workshops focusing on SSTS planning, construction, operation, maintenance and management.
(2) Compliance inspection program.
(a) County Public Health Services Department. It is the responsibility of the Department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this ordinance are met.
(b) SSTS compliance inspections must be performed:
1. To ensure compliance with applicable requirements;
2. To ensure system compliance before issuance of a permit for addition of a bedroom unless the permit application is made during the period of November 1 to April 30, provided a compliance inspection is performed before the following June 1 and the applicant submits a certificate of compliance by the following September 30;
3. For all new SSTS construction or replacement; and
4. For an evaluation, investigation, inspection, recommendation or other process used to prepare a disclosure statement if conducted by a party who is not the SSTS owner. Such an inspection constitutes a compliance inspection and shall be conducted in accordance with Minnesota Rules, Part 7082.0700 using the SSTS inspection report forms provided by MPCA.
(c) All compliance inspections must be performed according to Minnesota Rules Parts 7080 or 7081 and signed by licensed inspection businesses or qualified employees certified as inspectors.
(d) The County Public Health Services Department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph, PROPERTY does not include a residence or private building. The Department shall notify the owner of the Department’s intent to inspect the SSTS least in advance of the intended inspection.
(e) No person shall hinder or otherwise interfere with the County Public Health Services Department’s employees in the performance of their duties and responsibilities pursuant to this ordinance. Refusal to allow reasonable access to the property by the County Public Health Services Department shall be deemed a separate and distinct offense.
(HH) New construction or replacement.
(1) It is the responsibility of the SSTS owner or the owner’s agent to notify the Department one calendar day prior to any permitted work on the SSTS. If the owner or owner’s agent provides proper notice and the Public Health Services Department does not provide inspection within two hours after time set; construction may be completed according to the approved design. The licensed contractor shall then submit to the Public Health Services Department within five working days: photographs of the system prior to covering; and record drawing of the system on forms provided or approved by the Public Health Services Department to include a certified statement that the work was installed in accordance with submitted design and that it was free from defects.
(2) A certificate of compliance for new SSTS construction or replacement, which shall be valid for five years, shall be issued by the Department if the Department has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit.
(3) The certificate of compliance 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 the ordinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must be issued to the owner which includes a statement specifying those ordinance provisions with which the SSTS does not comply.
(4) The certificate of compliance 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 the ordinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must be issued to the owner which includes a statement specifying those ordinance provisions with which the SSTS does not comply.
(5) Certificates of compliance for new construction or replacement shall remain valid for five years from the date of issue unless the Department finds evidence of noncompliance.
(II) Existing systems.
(1) Compliance inspections shall be required when any of the following conditions occur:
(a) When a construction permit is required to repair, modify or upgrade an existing system;
(b) Any time there is an expansion of use of the building being served by an existing SSTS which may impact the performance of the system;
(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; and/or
(d) At any time as required by this ordinance or the Public Health Services Department 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 separation verification report; 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 ordinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must include a statement specifying those ordinance provisions with which the SSTS does not comply. A construction permit application must be submitted to the Public Health Services Department if the required corrective action is not a minor repair.
(4) The certificate of compliance or notice of noncompliance must be submitted to the Public Health Services Department and the property owner or the owner’s agent no later than 15 calendar days after the date the inspection was performed. The Public Health Services Department may deliver the certificate of compliance or notice of noncompliance to the owner or the owner’s agent within 90 calendar days of receipt from the licensed inspection business.
(5) Certificates of compliance for existing SSTS shall remain valid for three years from the date of issue unless the Public Health Services Department finds evidence of noncompliance.
(JJ) Transfer of properties.
(1) Sale or transfer of property.
(a) A compliance inspection must be completed prior to the closing date on the sale or transfer of all properties served by an ISTS. Either a certificate of compliance or a notice of noncompliance shall be issued. A notice of noncompliance shall indicate the presence of an imminent health threat as defined in this section.
(b) Those properties receiving a notice of noncompliance for an imminent health threat must upgrade within ten months.
(c) For certificate of compliance situations: the certificate of compliance shall be filed with the County Auditor along with the certificate of real estate value.
(d) For notice of noncompliance/non-imminent health threat situations: the notice of noncompliance shall be filed with the County Auditor along with the certificate of real estate value. An upgrade shall occur within five years.
(e) For imminent health threat situations: a certificate of compliance indicating an approved system has been installed or a zoning permit indicating an upgrade will occur within ten months and evidence of escrow account shall be filed with the County Auditor along with the certificate of real estate value.
(f) Transactions occurring between November 1 and April 30: if the closing date on the sale or transfer of property occurs between November 1 and the following April 30, and the inspection cannot be completed, the transfer may occur with a stipulation that evidence of an escrow account be filed with the certificate of real estate value. A compliance inspection shall be completed and a certificate of compliance, notice of noncompliance or zoning permit submitted to the County Auditor by the following June 1.
(g) Escrow account amount: the amount to be escrowed shall be:
1. The amount of the bid for the approved design used in obtaining the filed zoning permit; or
2. The annual average cost of a standard mound system as determined by the Department.
(h) Exempt transactions: no compliance inspection is required if the sale or transfer involves the following circumstances (in subsections (JJ)(1)(h)1., (JJ)(1)(h)2. and (JJ)(1)(h)3. below, an exemption form shall be filed with the County Auditor along with the certificate of real estate value):
1. The tract of land is without buildings or contains no dwellings or other buildings with plumbing fixtures;
2. The sale or transfer completes a contract for deed entered into prior to January 1, 1998. This subsection applies only to the original vendor and vendee on such a contract;
3. Any dwellings or other buildings with running water which are connected to a municipal treatment system; and
4. No certificate of real estate value need be filed with the County Auditor, as per M.S. Chapter 272.115, as it may be amended from time to time.
(2) Notices, certificates and the like. Neither the issuance of permits, certificates of compliance or notices of noncompliance as requested or issued shall be construed to represent a guarantee or warranty of the system’s operation or effectiveness. Such certificates signify that the system in question is or has been designed and installed in compliance or noncompliance with the provisions of these standards and regulations.
(KK) Enforcement (state notification). In accordance with state law, the Public Health Services Department shall notify the MPCA of any inspection, installation, design, construction, alteration or repair of an SSTS by a licensed/certified person or any septage removal by a licensed pumper that is performed in violation of the provisions of this ordinance.
(LL) Record-keeping. The county shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, an annual list of all sewage tanks installed in the county sorted by licensed installation businesses and other records relevant to each system.
(MM) Annual report. The Public Health Services Department shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year.
(NN) Fees. From time to time, the County Board shall establish fees for activities undertaken by the County Public Health Services Department pursuant to this ordinance. Fees shall be due and payable at a time and in a manner to be determined by the County Public Health Services Department.
(OO) Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the county and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(PP) Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force.
(QQ) Abrogation and greater restrictions. It is not intended by this ordinance to repeal, abrogate or impair any other existing county ordinance, easements, covenants or deed restrictions; however, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
(RR) Ordinance repealed. The county previous ordinance for the regulation of individual sewage treatment systems of the county contained within the Unified Development Code is hereby repealed and the code amended as shown herein.
(Ord. 97, passed 7-21-2009; Ord. 98, passed 1-5-2010; Ord. 145, passed 4-6-2021)