(A) Purpose and intent. The purpose of the sewage and wastewater treatment and disposal standards shall be to provide minimum standards for, and regulation of, subsurface sewage treatment systems (SSTS) and septage disposal including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public’s health and safety, and eliminate or prevent the development of public nuisances pursuant to the authority granted under M.S. Ch. 115 and 145A, as they may be amended from time to time, and Minn. Rules Ch. 7080 through 7083, as amended, that may pertain to sewage and wastewater treatment.
(B) General provisions.
(1) Standards adopted by reference. The county hereby adopts, by this reference, Minn. Rules Ch. 7080 and 7081 and M.S. § 115.55, as it may be amended from time to time, along with any future amendments.
(2) License requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of on-site subsurface sewage treatment systems without first obtaining a license to perform such tasks from the state’s Pollution Control Agency, except as provided under Minn. Rules part 7083.0700. Only gravity fed Type I systems can be installed by homeowners.
(3) Permits. No person shall install, alter, repair or extend any SSTS in the county without first applying for and obtaining a permit from the Environmental Health Office (EHO) and at the same time paying a fee as listed in the fee schedule determined by the County Board of Commissioners. Maintaining the system as originally designed and installed is excluded from the previous requirements. A permit is required for the conversion of a septic tank to a holding tank. As needed, operating permits and any associated fees will be required by EHO staff when necessary for proper system operation. Staff will notify the permittee of an incomplete application, when the requirements are met a permit will be issued. Such permit shall be valid for a period of 18 months from the date of issuance. A full design must be submitted before a permit for a new or replacement system is approved. When weather does not allow a full site evaluation to be completed, a design of the worst case scenario shall be submitted. Verification is required when weather permits.
(4) Construction inspections. The permittee shall notify the EHO prior to the completion and covering of the SSTS. The installation and construction of the SSTS shall be in accordance with the permit requirements and application design. Inspections will be made at least once during the construction of the SSTS at such time to assure that the system has been constructed per submitted and approved design.
(a) No part of the system shall be covered until it has been inspected and accepted by the Inspector unless prior arrangements have been made.
(b) Proposals to alter the permitted construction shall be reviewed and the proposed change accepted in writing by both the designer and the EHO.
(c) It shall be the responsibility of the property owner or authorized agent to notify the Inspector on the workday preceding the day inspection is desired.
(d) If proper notice is given and the inspector does not appear for an inspection within two hours after the time is set, the permittee may complete the installation. The permittee shall then file a signed as-built, including photographs of the system prior to covering, with the EHO within five working days. The as-built shall include a certified statement that the work was installed in accordance with submitted design and permit conditions and that it was free from defects.
(e) Upon satisfactory completion of the system, the Inspector shall perform a final inspection. If, upon inspection, the Inspector discovers that any part of the system is not constructed in accordance with the minimum standards provided in this chapter, the Inspector shall give the applicant written notification describing the defects. 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.
(5) Warranty, guarantee. Neither the issuance of a permit nor the inspection of a system shall constitute any warranty or guarantee of operation of the system.
(6) Permit requests. When either of the following occur the EHO department will review records of the SSTS on the property to determine adequate conformance. Said review may require conformance to Minn. Rules part 7080.2450, subpart 2, and/or require a certification of compliance of the SSTS:
(a) Any time that a permit is applied for in a shoreland management area (1,000 feet of a lake, pond or flowage or 300 feet of a river or stream or the landward extent of a floodplain); or
(b) With the addition of a bedroom on the property.
(7) Separation allowances.
(a) SSTS built after 3-31-1996 or in an SWF area as defined under part Minn. Rules part 7080.1100, subpart 84, shall have three feet vertical separation or a vertical separation based on applicable requirements. Existing systems are allowed up to a 15% reduction from the three-foot required vertical separation distance to account for settling of sand or soil, normal variation of measurement, and interpretations of the limiting layer conditions.
(b) SSTS built before 4-1-1996, in areas that are not SWF areas as defined under Minn. Rules part 7080.1100, subpart 84, must have at least two feet of vertical separation.
(8) Pumping. When conducting compliance inspections and/or designing a replacement SSTS that will use the existing septic/lift tank(s), the tanks(s) shall be pumped by a licensed maintainer and certified. Pumping is not mandatory if documentation exists that the tank has been pumped within the past three years, however this alone does not fulfill the tank certification requirement. In all cases, the tank integrity documentation must be completed and is required at the time of applying for a SSTS permit.
(9) Maintenance holes. With septic tank pumping, the maintenance hole(s) shall be brought to within one foot of finished grade and properly secured as needed. With the pumping, maintaining or certification of a lift tank, the pump riser must be brought to grade.
(10) Abandonment. SSTS must be properly abandoned according to Minn. Rules part 7080.2500.
(a) If the individual abandoning a SSTS is not a licensed SSTS professional, the abandonment must be inspected by a licensed SSTS inspector.
(b) A state abandonment document must be submitted to the local unit of government within 90 days of abandonment.
(11) Failing SSTSs. Failing SSTS must be resolved on the following schedule.
(a) A failing SSTS, as described in Minn. Rules part 7080.1500, subpart 4b, shall be upgraded, replaced or its use discontinued within one year of notice. The Environmental Health Office will give consideration to weather conditions as it establishes compliance dates.
(b) An SSTS posing an imminent threat to public health or safety as described in Minn. Rules part 7080.1500, subpart 4a, shall be abated within ten days of notice. The system shall be upgraded, replaced or repaired or its use discontinued, within six months of notice.
(12) Holding tanks.
(a) Holding tanks shall not be used as a sanitary system for a new residential dwelling. For conforming lots and structures, a holding tank may be used for expansions, alterations, additions and improvements to existing dwellings so long as it does not exceed 50% of the value of the existing structure as indicated in the records of the County Assessor, or 50% of the footprint, whichever is more restrictive. Holding tanks may also be used for the exact replacement of an existing dwelling.
(b) Holding tanks shall only be used as a corrective action for sewage disposal for pre-existing uses where a full treatment system cannot be installed.
(c) Undeveloped lots of record on which a holding tank is the only practical means of sewage disposal are unsuitable for residential use.
(d) Holding tanks shall not be installed on undeveloped lots of record for recreational uses unless the lot has been found to be suitable for a dwelling and can support a full septic system.
(e) Holding tanks must have an alarm device for the prevention of overflow.
(f) An owner must have a current pumping contract signed by the owner and a licensed maintenance business. Records shall be kept to validate required pumping.
(g) A septic tank that is converted to a holding tank must be pumped and certified.
(13) Scope. 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 chapter or by a system that has been permitted by the MPCA.
(14) Prohibitive discharge. It is unlawful for any person to construct, maintain or use any SSTS regulated under this chapter 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 Pollution Discharge Elimination System program by the MPCA.
(15) Dispute. If a documented discrepancy arises on the depth of the periodically saturated soil, the following procedures shall be followed:
(a) All parties involved in the discrepancy will be contacted by the Planning and Zoning Department and informed of the discrepancy.
(b) The disputing parties may agree to meet at the site in an attempt to resolve differences.
(c) If one or both parties refuse to meet or the differences are not resolved, the Planning and Zoning Department will make a decision based on the information submitted as part of the discrepancy and any other information gathered.
(d) If a party disputes the decision of the Planning and Zoning Department, an opinion from a MN licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of all parties, may be obtained and submitted to the Planning and Zoning Department, at the party's expense.
(e) If opinions rendered as outlined above do not resolve the dispute, the Planning and Zoning Department shall take into consideration all information and opinions rendered and make a final decision. The Zoning Administrator shall issue written findings setting forth the reasons for any final decisions it renders.
(16) Floodplain. SSTS shall not be located in a floodway and whenever possible, location in 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 Minn. Rules part 7080.2270 and all relevant local floodplain requirements are met.
(17) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in 40 C.F.R. part 144, are required by the Federal Government to submit SSTS 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.
(18) Newly created lots. All lots created after 1-23-1996 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 Minn. Rules parts 7080.2200 through 7080.2230 and 7080.2260 or site conditions described in Minn. Rules part 7081.0270, subparts 3 through 7. For the creation and division of new lots, verification by soil borings located on a plan must be submitted establishing that this requirement can be met.
(19) Management plans. Management plans are required for all new or replacement SSTS. The management plan shall be submitted by the designer to the local unit of government before issuance of a SSTS permit. Management plans shall include requirements as listed in Minn. Rules part 7082.0600, subpart 1(B), and other requirements as determined by the permitting authority.
(20) Operating permits.
(a) SSTS specified in Minn. Rules parts 7080.2290, 7080.2350 and 7080.2400 and Minn. Rules Ch. 7081 require an operating permit and shall include Minn. Rules part 7082.0600, subpart 2, and other requirements as determined by the permitting authority.
(b) The operating permit for new SSTS and MSTS will be issued in tandem with the construction permit for the new system. Operating permits, when needed for existing systems and or system repair, will be issued as separate permits.
(c) Any additional fees for operating permits will be listed in the fee schedule determined by the County Board of Commissioners.
(21) Treatment tanks. SSTS not operated under a management plan or operating permit must have treatment tanks inspected every three years. Solids must be removed when their accumulations exceed the limits as described in Minn. Rules part 7080.2450.
(22) Sale or transfer. No owner of a tract of land on which a dwelling is located, or tract of land on which a structure which is required to have an SSTS is located, shall sell or transfer to another party said tract of land unless requirements as stated in Ch. 157 of this code of ordinances are met.
(23) Septage management. Septage shall be pumped, managed, land applied and disposed of in accordance with applicable state and federal laws.
(C) Site evaluation and design requirements.
(1) Minimum of three soil observations required. When designing systems a minimum of three soil observations are required for each site, unless sites are adjacent. For adjacent sites a minimum of three soil observations are required with a minimum of two observations in the primary site and one observation in the secondary site.
(2) Benchmarks, borings, percolation sites and dispersal area; must be staked and labeled. Benchmarks, borings, percolation sites and dispersal area must be staked and labeled in the field. The elevations of the above items must be on the design.
(3) Septic tank. A minimum 1,500-gallon split tank is required. Split tank capacity can be achieved with multiple tanks. For a new dwelling, burial of the top of tank greater than four feet only allowed with LUG approval and statement from tank manufacturer as to maximum designed depth for tank.
(4) Pump tank.
(a) At minimum, a 1,000-gallon pump tank is needed for lifting the effluent to the soil treatment area.
Table 1: Drainfield Sizing Treatment Level C Minimum Treatment Area* | ||||||
SLR | ||||||
BEDROOMS | Sand Loamy Sand 1.20 gpd/ft2 | Sandy loam 0.78 gpd/ft2 | Loam Fine sand 0.60 gpd.ft2 | Silt Silt Loam 0.50 gpd/ft2 | Clay Loams 0.45 gpd/ft2 | |
2 | 600 | 600 | 600 | 600 | 667 | |
3 | 700 | 800 | 800 | 900 | 1,000 | |
4 | 800 | 900 | 1,000 | 1,200 | 1,333 | |
5 | 900 | 1,000 | 1,250 | 1,500 | 1,667 | |
Table 2: Drainfield Sizing Treatment Level A/B Minimum Treatment Area* | ||||||
SLR | ||||||
BEDROOMS | Sand Loamy Sand 1.60 gpd/ft2 | Sandy loam 1.0 gpd/ft2 | Loam Fine sand 0.78 gpd.ft2 | Silt Silt Loam 0.78 gpd/ft2 | Clay Loams 0.6 gpd/ft2 | |
2 | 450 | 450 | 450 | 450 | 500 | |
3 | 500 | 500 | 577 | 577 | 750 | |
4 | 550 | 600 | 769 | 769 | 1,000 | |
5 | 600 | 750 | 962 | 962 | 1,250 | |
(b) *There are structure and consistence qualifiers per code 7080.2150 that may require design modifications before being able to properly apply these tables.
(5) Soil texture; to be logged and accounted .When conducting percolation tests, soil texture shall be logged and accounted for. If there is a discrepancy between the soil texture and the percolation rate, the smaller soil loading rate needs to be used.
(6) Trenches with 12 inches of rock; sizing. Trenches designed with 12 inches of rock or more under the distribution pipe shall be sized according to Table 1 or Table 2 above.
(7) Mound systems. Mound systems are to be sized at 1.0 gpd/sq. ft.
(8) Type III, IV, V, non-residential SSTS. Type III, IV, V and non-residential SSTS shall be time dosed.
(9) Bedroom additions; existing compliant SSTS. Bedroom additions with an existing compliant SSTS where the treatment area cannot be practically increased to the proper treatment area size, shall be time dosed.
(10) Gravity trenches in sandy soil. When installing gravity trenches in sandy soil per Minn. Rules part 7080.2210, subpart 4, § F, item 2, the maximum single trench area shall be determined as 15% of the state required treatment area.
(11) Remediation. A permit shall be required when an operational component is added, or a method employed to an SSTS to recover a failing treatment area. Required information for this permit will be a description of what is wrong with the existing SSTS, an inspection/compliance of the components of the system, a lab sample of the existing effluent to determine abnormalities, and a preliminary site evaluation of what the upgrade options will be on the property if remediation fails to correct the problem. A management plan/operating permit will also be required.
Table 3: Minimum Setback Distances (Feet) | |||
Sewage or Holding Tank | Soil Treatment or Absorption Area | Building Sewer or Supply Pipes | |
Table 3: Minimum Setback Distances (Feet) | |||
Sewage or Holding Tank | Soil Treatment or Absorption Area | Building Sewer or Supply Pipes | |
All public water wetlands as defined by M.S. § 103G.005, subd. 15a, as it may be amended from time to time, or successor statute | 50 | 50 | - |
Buildings*** | 10 | 20 | - |
Buried pipe distributing water under pressure* | 10 | 10 | 10 |
Buried water suction pipe* | 50 | 50 | 50** |
Ordinary high water mark of the following types of lakes and rivers: | |||
General development lakes | 50 | 50 | - |
Recreational development lakes | 75 | 75 | - |
Natural environmental lakes | 150 | 150 | - |
75 | 75 | - | |
Transitional river segments (north fork of the Crow) | 150 | 150 | - |
Property lines**** | 10 | 10 | - |
Subsurface drainage systems such as field tile lines | 50 | 50 | - |
Surface drainage systems such as open ditches | 30 | 30 | - |
Water supply wells* (50 feet of continuous casing or encountering 10 feet of impervious material) | 50 | 50 | 50** |
Water supply wells* (less than 50 feet of continuous casing) | 50 | 100 | 50** |
NOTES TO TABLE: * Setbacks from buried water pipes and water supply well as governed by Minn. Rules Ch. 4715 and 4725, respectively. ** The setback can be reduced from 50 to 20 feet if the building sewer or supply pipe is air tested by holding 5 pounds of air pressure for 15 minutes. *** For structures other than buildings these setbacks may be reduced if necessary due to site conditions, but in no case shall any part of the individual sewage treatment system be located under or within the structure. For this provision to be employed there shall not be interior space below the structure. For the new construction of a structure without interior space below the structure no part of the absorption area shall encroach closer than 10 feet. **** The setback from the treatment area to the platted road may be reduced with written approval from the road authority. The Board of Adjustment shall review variance requests, including those from common property lines, per § 155.026 in this chapter. | |||
(D) Setbacks and placement of building sewer.
(1) The building sewer pipe extending from the house to the tank shall not be less than four inches in diameter and must meet the strength requirements of Schedule 40 plastic pipe. The pipe shall be supported in such manner so that there is no deflection during backfilling and subsequent settling of the soil between the building foundation and the inlet to the septic tank. Construction of the line shall provide a grade of not less than one-eighth inch per foot for minimum grades. No 90-degree ells shall be permitted.
(2) The sewer pipe extending from the tank to the distribution medium must meet the strength requirements of Schedule 40 plastic pipe. Sewer pipe lines, manholes and other appurtenances shall be constructed in accordance with the state’s Plumbing Code and the state’s Pollution Control Agency requirements.
(E) Subject to change. The requirements of this chapter are intended to be comparable to the Environmental Protection Agency and the state’s Pollution Control Agency standards. Should this chapter differ from other agency standards or should EPA or MPCA standards change, the more strict standards shall apply.
(Ord. 16-2, passed ---; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)