HomeMy WebLinkAbout2013-06-17 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Monday, June 17, 2013
7 p.m.
Council Chambers - Maplewood City Hall
1830 County Road B East
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes:
a. May 20, 2013
5. New Business
a. Subsurface Sewage Treatment Systems Ordinance
6. Unfinished Business
7. Visitor Presentations
8. Commission Presentations
9. Staff Presentations
a. Choosing Stormwater Best Management Practices, A Decision Tree for
Minnesota Cities, Minnesota Department of Transportation Research video
spotlighting stormwater best management practices in Maplewood and
surrounding communities.
b. Future Environmental and Natural Resources Commission Meeting Updates
c. Maplewood Fourth of July Celebration
d. Maplewood Nature Center Programs
10. Adjourn
Agenda Item 4.a.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday, May 20, 2013
Council Chambers, City Hall
1830 County Road B East
1. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order
at 7:16 p.m. by Chair Johannessen. The meeting began late due to technical
difficulties.
2. ROLL CALL
Randee Edmundson, Commissioner Present
Judith Johannessen, Chair Present
Carol Mason Sherrill, Commissioner Present
Ann Palzer, Vice Chair Present
Cindy Schafer, Commissioner Present
Absent
Dale Trippler, Commissioner
Absent
Ginny Yingling, Commissioner
Staff Present
Shann Finwall, Environmental Planner
Steve Love, Assistant City Engineer
3. APPROVAL OF AGENDA
Commissioner Mason Sherrill added 8.a.- bird presentation.
Staff added 8.b. - Alliance for Sustainability Conference on Living Streets.
Commissioner Edmundson moved to approve the agenda as amended.
Seconded by Commissioner Mason Sherrill. Ayes – All
The motion passed.
4. APPROVAL OF MINUTES
Commissioner Mason Sherrill had two changes on page 2: Item 5.a., in the third line,
the word "city’s" should be "cities". Under 5.b., in the first paragraph, she would like
additional information added regarding the benefits of trees such as oxygen, shade, etc.
The city will need to replant more trees in the future with the certain infestation of EAB to
our ash trees.
Commissioner Schafer moved to approve the April 15, 2013, Environmental and Natural
Resources Commission Meeting Minutes as amended.
May 20, 2013 1
Environmental and Natural Resources Commission Meeting Minutes
Seconded by Commissioner Palzer. Ayes – All
The motion passed.
5. NEW BUSINESS
a. Public Hearing: National Pollutant Discharge Elimination System Phase II
and MS4 Permit, 2012 Annual Report
i. Environmental Planner, Shann Finwall introduced the item and turned the
discussion over to Steve Love.
ii. Assistant City Engineer, Steve Love gave the presentation on the 2012
Annual Report for the National Pollutant Discharge Elimination System
Phase II and MS4 Permit and answered questions of the commission.
The following items were discussed by the Commission:
Is there an evaluation for education and outreach?
Is the Nature Center education included in our reporting?
Are contractors aware of these requirements? Are their fines for violations of
stormwater permits?
We should consider more public education on the subject.
What is the City doing with its street sweepings?
There were four streets delisted from the impaired list, what does that mean?
Assistant City Engineer Love indicated that education and outreach are
evaluated as part of the permit and that the City does use the Nature Center
education as well as our newsletter articles and website outreach to meet those
goals. The City inspects grading and building projects for compliance of the
stormwater permits. The City works with the contractors to get them to comply
with the requirements once an infraction is found. In 2012 the City did not have
to issue violations or fines. The City is currently stockpiling what street
sweepings it has in the public works yard. The City will purchase a machine
which will screen the sweepings and remove debris. The clean fill will then be
used in the City’s street projects. The City had eleven impaired water bodies, but
with new studies it has been determined that there are now only four. The
watershed districts are completing the required total maximum daily load studies
on these impaired waters. Kohlman Lake’s study was complete two years ago.
The remaining reports will be presented to the ENR Commission when complete.
Chair Johannessen opened the public hearing.
There were no speakers that came forward to address the commission.
Chair Johannessen closed the public hearing.
The ENR Commission thanked Assistant City Engineer Love for the information.
Staff took note of questions and comments received for further review by staff.
No formal action was needed.
May 20, 2013 2
Environmental and Natural Resources Commission Meeting Minutes
b. Screening of A Chemical Reaction and Facilitated Discussion on Lawn
Chemical Use by Julia Earl
i. Environmental Planner, Shann Finwall introduced the item and the speaker,
Julia Earl.
ii. Julia Earl of Healthy Kids Minnesota introduced the documentary, A Chemical
Reaction and gave a presentation on lawn chemical use.
The Lawn Chemical task force invited Ms. Earl to give the presentation and to
facilitate discussion. Park staff will give an update to the ENR Commission on
the City’s use of lawn chemicals on our recreational fields, parks, and city
properties in the near future. The Commission thanked Ms. Earl for sharing the
informative documentary and important information on lawn chemicals.
c. Review of Draft 2014-2018 Capital Improvement Plan
i. Environmental Planner, Shann Finwall gave a review of the draft 2014-2018
Capital Improvement Plan. There will be a public hearing at the planning
commission meeting on June 18, 2013, and final review by the City Council
on July 8, 2013.
The Commission reviewed the draft CIP and had the following
questions/comments:
East Metro Fire Training Facility – Don’t other cities that are in the joint
powers agreement help pay for this facility?
Park Systems Plan – What does it mean to explore a referendum for a
sustainable park system?
Pond Clean Out/Dredging Projects – Where will all the sediment go and how
will it be treated?
Street Improvements – Will all of our future street improvements follow the
Living Street’s policy?
Staff stated that the City will be entering into a Joint Powers Agreement with
other cities for the operations of the Fire Training Facility. The park systems plan
is designed to gather public comment on the City’s park system and find creative
and sustainable solutions to funding our parks in the future. Pond dredging will
be handled according to MPCA requirements. Street improvements will follow
the Living Streets policy. However, there might be some push back from
neighborhoods on certain aspects of the policy.
Commissioner Edmundson moved to approve the draft of the 2014-2018 Capital
Improvement Plan along with the comments and questions raised to staff by the
commission.
Seconded by Commissioner Mason Sherrill Ayes – All
The motion passed.
Staff will send an email to the Commission looking for a volunteer to represent
the Commission at the July 8, 2013, City Council meeting.
May 20, 2013 3
Environmental and Natural Resources Commission Meeting Minutes
6. UNFINISHED BUSINESS
None.
7. VISITOR PRESENTATIONS
None present.
8. COMMISSION PRESENTATIONS
a. Birds –
Commissioner Mason Sherrill shared pictures of dead birds she and her
daughter found at the Community Center and downtown St. Paul. These birds
died from window collisions. Commissioner Mason Sherrill suggested that the
City of Maplewood work with the Minnesota Audubon Society to modify windows
in City buildings to prevent bird collisions.
Staff will gather further information and bring this back to the commission at a
future meeting.
b. Report on the Alliance for Sustainability Living Streets Conference –
Commissioner’s Palzer, Mason Sherrill and Shafer shared information regarding
the learned Living Streets conference. There are other cities that are working on
the policies and beginning to implement these designs into their street projects.
9. STAFF PRESENTATIONS
a. Update on Maplewood Recycling Program
– Environmental Planner Finwall
gave an update on the City Council workshop regarding the Maplewood
Recycling Program and the potential to use recycling carts instead of recycling
bins that are currently used in the program. The City Council did not give clear
direction on the purchase of carts, so the issue will be discussed again with
additional information on revenue share and recycling rates to help assist in the
decision. A future workshop is tentatively scheduled for July. Once the cart
issue is resolved, the City will continue to finalize its extended contract with
Tennis Sanitation.
b. Update on Tree Rebate Program –
Environmental Planner Finwall stated that
the City is offering the tree rebate again this year. Residents or businesses can
purchase and plant trees for reimbursement of up to $100 per tree, up to four
trees, for a maximum of $200 rebate per year.
c. Maplewood Green Team – Department Sustainability Challenge
–
Environmental Planner Finwall discussed the department sustainability
challenges the Green Team is undertaking this year. The Community
Development Department’s challenge is paper reduction. As such, the
department is asking if our Commissions can go paperless, which means no
paper packets forwarded for each meeting. The Commission indicated that they
would be willing to give paperless packets a try.
May 20, 2013 4
Environmental and Natural Resources Commission Meeting Minutes
d. Waterfest – June 1, 2013
– Environmental Planner Finwallstated that Waterfest
will be held Saturday, June 1, 2013, from 11:00 – 4:00 pm at Lake Phalen Park in
St. Paul. The event is sponsored by Ramsey-Washington Metro Watershed
District. The ENR Commission will have a booth at the event where we will
spotlight pollinators. We are still looking for ENR Commissioners to volunteer for
the event.
e. Nature Center Programs -
Environmental Planner Finwall presented the
upcoming Nature Center Programs. For more information contact the
Maplewood Nature Center at (651) 249-2170.
10. ADJOURNMENT
Chair Johannessen adjourned the meeting at 10:15 p.m.
May 20, 2013 5
Environmental and Natural Resources Commission Meeting Minutes
Agenda Item 5.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM: Shann Finwall, AICP, Environmental Planner
Steven Love, Assistant City Engineer
Subsurface Sewage Treatment Systems Ordinance
SUBJECT:
DATE: June 13, 2013, for the June 17 ENR Commission Meeting
INTRODUCTION
The Minnesota Pollution Control Agency (MPCA) has advised the City of Maplewood
that we must adopt an updated Subsurface Sewage Treatment System (SSTS)
ordinance to comply with Minnesota Rules Chapter 7080-7083. SSTS are also known
as septic systems or Individual Sewage Treatment Systems. Maplewood’s current
ordinance (City Code, Chapter 40, Article II, Division 5) was adopted in 2002. To aid in
the ordinance update, the City is working with consultant, Bolton & Menk, Inc., to review
our current ordinance and revise it to meet MPCA requirements. The revised ordinance
is attached (Attachment 1).
BACKGROUND
Minnesota Statutes, Section 115.55 requires that counties adopt an SSTS ordinance
that complies with Minnesota Rules Chapter 7080-7083. The majority of cities in
Minnesota have delegated all responsibility for regulation and enforcement of SSTS to
the county. However, Ramsey County received a special exception from the Legislature
to relieve the County from the requirement to adopt an SSTS ordinance. This means
that all cities in Ramsey County must adopt an ordinance regulating SSTS that is
compliant with MPCA rules.
The MPCA completed a major update of the Minnesota rules governing SSTS in 2008.
The changes were significant enough that the City of Maplewood’s current ordinance is
no longer in compliance. The deadline for the City to adopt a compliant SSTS ordinance
is February 4, 2014.
DISCUSSION
The MPCA rules allow cities the option of choosing a Conventional or a Performance
SSTS ordinance. The City’s current ordinance fits the MPCA definition of a
Conventional SSTS ordinance. A Performance SSTS ordinance requires significantly
more staff time and resources, and would cost more than a Conventional SSTS
ordinance to administrate, with little difference in the types of systems allowed or the
level of environmental protection provided. Given these factors, and the relatively small
number of SSTS within the City of Maplewood (103), both consultant and staff
recommend proceeding with a Conventional SSTS ordinance.
The updated ordinance is based on a model ordinance developed by the Association of
Minnesota Counties (AMC) in cooperation with the MPCA, specifically for the purpose of
complying with the 2008 SSTS rule update. A checklist showing the MPCA
requirements for the updated ordinance is included (Attachment 2). Following is a
summary of the major differences between the current City ordinance and the updated
ordinance. The new ordinance:
1. Requires the issuance of a Certificate of Compliance or Certificate of Non-
Compliance for systems prior to issuance of a building permit or variance for the
addition of a bedroom.
2. Requires the abandonment of systems no longer in use.
3. Removes most technical criteria for SSTS design from the City ordinance and
replaces it with a reference to the MPCA rules. This is done to avoid the need to
update the City ordinance when the MPCA revises technical criteria in the SSTS
rules, which has occurred quite frequently over the past five years.
4. Requires space for two Type I soil treatment systems for all lots created after
January 23, 1996.
5. Specifies the allowable use and location for SSTS in floodplains.
6. Requires management plans for all new and replacement SSTS.
7. Requires operating permits for all Type IV and V systems (systems with pre-
treatment devices and engineered systems), and all midsized SSTS (systems
with flow >5,000 gal/day).
8. Requires property owners to submit inventory information on Class V injection
wells (SSTS serving 20 or more people) and requires the disclosure and
identification of Class V injection wells in property transfers.
9. Identifies a procedure for resolving periodically saturated soil disagreements
between licensed SSTS businesses, or between licensed SSTS businesses and
the City.
10. Requires the use of soil morphology to determine the allowable system loading
rate (gal/day/sf) for system design as opposed to soil percolation testing.
11. Allows a 15 percent reduction in separation distance between the bottom of the
system and periodically saturated soils for the purposes of determining
compliance.
RECOMMENDATION
Recommend approval of the revised SSTS Ordinance (Attachment 1). This revision was
made to meet MPCA requirements. The Commission’s recommendations will go to the
City Council for a public hearing and final approval.
Attachments:
1. SSTS Ordinance
2. MPCA SSTS Ordinance Check List
2
Attachment 1
CITY OF MAPLEWOOD, MN
CODE OF ORDINANCES
CHAPTER 40 - UTILITIES
ARTICLE II - SEWERS
DIVISION 5 - SUBSURFACE SEWAGE
TREATMENT SYSTEMS
Draft – 6/7/13
TABLE OF CONTENTS
Sec. 40-161. -INTRODUCTION............................................................................................ 1
Sec. 40-162. -TITLE, PURPOSE AND INTENT ................................................................... 1
Sec. 40-163. -AUTHORITY .................................................................................................. 2
Sec. 40-164. -EFFECTIVE DATE ......................................................................................... 2
Sec. 40-165. -40.195 - RESERVED ..................................................................................... 3
Sec. 40-196. -DEFINITIONS ................................................................................................ 3
Sec. 40-197. -SCOPE........................................................................................................... 6
Sec. 40-198. -JURISDICTION .............................................................................................. 6
Sec. 40-199. -ADMINSTRATION ......................................................................................... 7
Sec. 40-200. -VALIDITY ....................................................................................................... 7
Sec. 40-201. -LIABILITY ....................................................................................................... 7
Sec. 40-202. -40-232 - RESERVED ..................................................................................... 8
Sec. 40-233. -RETROACTIVITY .......................................................................................... 8
Sec. 40-234. -UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT .................. 9
Sec. 40-235. -SSTS IN FLOODPLAINS ............................................................................. 10
Sec. 40-236. -CLASS V INJECTION WELLS ..................................................................... 10
Sec. 40-237. -SSTS PRACTITIONER LICENSING ............................................................ 11
Sec. 40-238. -PROHIBITIONS ........................................................................................... 11
Sec. 40-239. -40-269 - RESERVED ................................................................................... 12
Sec. 40-270. -STANDARDS ADOPTED BY REFERENCE ................................................ 12
Sec. 40-271. -AMENDMENTS TO THE ADOPTED STANDARDS .................................... 13
Sec. 40-272. -VARIANCE REQUESTS .............................................................................. 15
Sec. 40-273. -PERMIT REQUIRED .................................................................................... 15
Sec. 40-274. -CONSTRUCTION PERMIT .......................................................................... 15
Sec. 40-275. -OPERATING PERMIT ................................................................................. 18
Sec. 40-276. -ABANDONMENT CERTIFICATION ............................................................. 22
Sec. 40-277. -MANAGEMENT PLANS ............................................................................... 23
Sec. 40-278. -40-309 - RESERVED ................................................................................... 25
Sec. 40-310. -COMPLIANCE INSPECTION PROGRAM ................................................... 25
Sec. 40-311. -40-341 - RESERVED ................................................................................... 30
Sec. 40-342. -VIOLATIONS ................................................................................................ 30
Sec. 40-343. -PROSECUTION ........................................................................................... 31
Sec. 40-344. -STATE NOTIFICATION OF VIOLATION ..................................................... 31
Table of Contents Draft – 6/7/13
Sec. 40-345. -COSTS AND REIMBURSEMENTS ............................................................. 32
Sec. 40-346. -RECORD KEEPING ..................................................................................... 32
Sec. 40-347. -ANNUAL REPORT ....................................................................................... 32
Sec. 40-348. -FEES ............................................................................................................ 32
Sec. 40-349. -INTERPRETATION ...................................................................................... 32
Sec. 40-350. -SEVERABILITY ............................................................................................ 33
Sec. 40-351. -ABROGATION AND GREATER RESTRICTIONS ...................................... 33
Sec. 40-352. -40-370 - RESERVED ................................................................................... 33
Table of Contents Draft – 6/7/13
Sec. 40-161. - INTRODUCTION
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes – 40-161, 40-162
This is an ordinance authorizing and providing for sewage treatment and soil dispersal in
unsewered areas of the city. It establishes:
1. Minimum standards for and regulation of individual sewage treatment systems (ISTS)
and mid-sized Subsurface Sewage Treatment Systems (MSTS) (collectively referred to
as SSTS) in unsewered areas of the City of Maplewood incorporating by reference
minimum standards established by Minnesota statutes and administrative rules of the
Minnesota Pollution Control Agency,
2. Requirements for issuing permits for installation, alteration, repair or expansion of SSTS,
3. Requirements for all SSTS permitted under the revised Minnesota Rules, Chapters 7080
and 7081 to be operated under an approved management plan,
4. Standards for upgrade, repair, replacement, or abandonment of SSTS,
5. Penalties for failure to comply with these provisions,
6. Provisions for enforcement of these requirements, and
7. Standards which promote the health, safety and welfare of the public as reflected in
Minnesota Statutes sections 115.55, 145A.05, the City Comprehensive Plan and the City
Zoning Ordinance.
Sec. 40-162. - TITLE, PURPOSE AND INTENT
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes – 40-161, 40-162
(a) Title
The City ordains Division 5 of the City Code the “City of Maplewood Subsurface
Sewage Treatment System (SSTS) Ordinance.”
(b) 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 City 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 City’s citizens by protecting its health, safety, general welfare,
Page 1 Draft – 6/7/13
and natural resources.
(c) Intent
It is intended by the City that this Ordinance will promote the following:
(1) The protection of lakes, rivers and streams, wetlands, and groundwater in
the City of Maplewood essential to the promotion of public health, safety,
welfare, socioeconomic growth and development of the City.
(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.
(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.
Sec. 40-163. - AUTHORITY
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – No
This Ordinance is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota Statutes,
Section 145A.05; or successor statutes, and Minnesota Rules, Chapter 7080, Chapter 7081,
Chapter 7082;, or successor rules.
Sec. 40-164. - EFFECTIVE DATE
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – No
The provisions set forth in this Ordinance shall become effective on (DATE).
Page 2 Draft – 6/7/13
Sec. 40-165. - 40.195 - RESERVED
Sec. 40-196. - DEFINITIONS
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes – 40-166
The following words and phrases shall have the meanings ascribed to them in this Section. If
not specifically defined in this Section, terms used in this Ordinance shall have the same
meaning as provided in the standards adopted by reference. Words or phrases that are not
defined here or in the standards adopted by reference shall have common usage meaning. For
purposes of this Ordinance, the words “must” and “shall” are mandatory and the words “may”
and “should” are permissive.
Authorized Representative:
An employee or agent of the City of Maplewood.
Class V Injection Well:
A shallow well used to place a variety of fluids directly below the land
surface, which includes a domestic SSTS serving more than 20 people. The US Environmental
Protection Agency and delegated state groundwater programs permit these wells to inject
wastes below the ground surface provided they meet certain requirements and do not endanger
underground sources of drinking water. Class V motor vehicle waste disposal wells and large-
capacity cesspools are specifically prohibited (see 40 CFR Parts 144 & 146).
Cluster System:
A SSTS under some form of common ownership that collects wastewater
from two or more dwellings or buildings and conveys it to a treatment and dispersal system
located on an acceptable site near the dwellings or buildings.
City:
City of Maplewood, Minnesota.
City Council:
The City of Maplewood City Council.
Department:
The City of Maplewood Public Works Department.
Design Flow:
The daily volume of wastewater for which an SSTS is designed to treat and
discharge.
Failure to Protect Groundwater:
At a minimum, a SSTS that does not protect groundwater is
considered to be a seepage pit, cesspool, drywell, leaching pit, or other pit; a SSTS with less
than the required vertical separation distance, described in Minnesota Rules Chapter 7080.1500
Subp. 4 D and E; and a system not abandoned in accordance with part 7080.2500. The
determination of the threat to groundwater for other conditions must be made by a Qualified
Employee or an individual licensed pursuant to Section 40-237 hereof.
Imminent Threat to Public Health and Safety:
At a minimum a SSTS with a discharge of
sewage or sewage effluent to the ground surface, drainage systems, ditches, or storm water
Page 3 Draft – 6/7/13
drains or directly to surface water; SSTS that cause a reoccurring sewage backup into a
dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured,
damaged, or weak maintenance access covers. The determination of protectiveness for other
conditions must be made by a Qualified Employee or a SSTS inspection business licensed
pursuant to Section 5 hereof.
ISTS:
An individual sewage treatment system having a design flow of no more than 5,000
gallons per day.
Industrial Waste:
Sewage containing waste from activities other than sanitary waste from
industrial activities including, but not limited to, the following uses defined under the Standard
Industrial Classification (SIC) Codes established by the U.S. Office of Management and Budget.
SIC CODE(S) INDUSTRY CATEGORY
753-7549 Automotive Repairs and Services
7231,7241 Beauty Shops, Barber Shops
7211-7219 Laundry Cleaning and Garment Services
4011-4581 Transportation (Maintenance only)
8062-8069 Hospitals
2000-3999 Manufacturing
2000-2099 Food Products
2100-2199 Tobacco Products
2400-2499 Lumber and Wood Products, except Furniture
2500-2599 Furniture and Fixtures
2600-2699 Paper and Allied Products
2700-2799 Printing, Publishing, and Allied Industries
2800-2899 Chemicals and Allied Products
2900-2999 Petroleum Refining and Related Industries
3000-3099 Rubber and Miscellaneous Plastics
3100-3199 Leather Tanning and Finishing
3000-3099 Rubber and Miscellaneous Plastics
3100-3199 Leather Tanning and Finishing
3200-3299 Stone, Clay, Glass, and Concrete Products
3300-3399 Primary Metal Industries
3400-3499 Fabricated Metal Products (except Machinery, and Transportation
Equipment
3500-3599 Industrial and Commercial Machinery and Computer Equipment
3700-3799 Transportation Equipment
3800-3899 Measuring, Analyzing, and Controlling Instruments; Photographic,
Medical and Optical Goods; Watches and Clocks
3900-3999 Miscellaneous Manufacturing Industries
Page 4 Draft – 6/7/13
Malfunction:
The partial or complete loss of function of a SSTS component, which requires a
corrective action to restore its intended function.
Management Plan:
A plan that describes necessary and recommended routine operational
and maintenance requirements, periodic examination, adjustment, and testing, and the
frequency of each to ensure system performance meets the treatment expectations, including a
planned course of action to prevent an illegal discharge.
MDH:
Minnesota Department of Health
Minor Repair:
The repair or replacement of an existing damaged or faulty component/part of
an SSTS that will return the SSTS to its operable condition. The repair shall not alter the
original area, dimensions, design, specifications or concept of the SSTS.
MSTS:
A “midsized subsurface sewage treatment system” under single ownership that
receives sewage from dwellings or other establishments having a design flow of more than
5,000 gallons per day to a maximum of 10,000 gallons per day.
Notice of Noncompliance:
A written document issued by the Department notifying a system
owner that the owner’s onsite/cluster treatment system has been observed to be noncompliant
with the requirements of this Ordinance.
MPCA:
Minnesota Pollution Control Agency.
Qualified Employee:
An employee of the state or a local unit of government, who performs
site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the
individual’s employment duties and is registered on the SSTS professional register verifying
specialty area endorsements applicable to the work being conducted.
Record Drawings:
A set of drawings which to the fullest extent possible document the final in-
place location, size, and type of all SSTS components including the results of any materials
testing performed and a description of conditions during construction of the system.
Sewage:
Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains
associated with these sources, including household cleaners and other constituents in amounts
normally used for domestic purposes.
SSTS:
Subsurface sewage treatment system Including an ISTS or MSTS.
State:
The State of Minnesota.
Treatment Level:
Treatment system performance levels defined in Minnesota Rules, Chapter
7083.4030, Table III for testing of proprietary treatment products, which include the following:
Level A: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms < 1,000/100 mL.
Level A-2: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms N/A
< 25 mg/L; TSS < 30 mg/L; fecal coliforms < 10,000/100 mL.
Level B: cBOD
5
Page 5 Draft – 6/7/13
Level B-2: cBOD < 25 mg/L; TSS < 30 mg/L; fecal coliforms N/A
5
Level C: cBOD < 125 mg/L; TSS < 80 mg/L; fecal coliforms N/A.
5
Type I System:
An ISTS that follows a standard trench, bed, at-grade, mound, or graywater
system design in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2200 through
7080.2240.
Type II System:
An ISTS on a lot located in a floodplain, a privy or a holding tank.
Type III System:
A custom designed ISTS having acceptable flow restriction devices to allow
its use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system.
Type IV System:
An ISTS, having an approved pretreatment device and incorporating
pressure distribution and dosing, that is capable of providing suitable treatment for use where
the separation distance to a shallow saturated zone is less than the minimum allowed.
Type V System:
An ISTS, which is a custom engineered design to accommodate the site
taking into account pretreatment effluent quality, loading rates, loading methods, groundwater
mounding, and other soil and other relevant soil, site, and wastewater characteristics such that
groundwater contamination by viable fecal coliforms is prevented.
Unsewered Area:
Any area within the City not served by a municipal sanitary sewer collection
system permitted by the MPCA.
Sec. 40-197. - SCOPE
Provision Required by MPCA Rule – Yes – Checklist Item No. 20
Provision Included in Previous Ordinance – Yes – 40-167
This Ordinance regulates the siting, design, installation, alterations, operation, maintenance,
monitoring, and management of all SSTS within the City’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 City 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 connected to municipal
sanitary sewer when it is available. The city engineer shall determine if municipal sanitary
sewer is available.
Sec. 40-198. - JURISDICTION
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes – 40-281
The jurisdiction of this Ordinance shall include all property within the City limits.
Page 6 Draft – 6/7/13
Sec. 40-199. - ADMINSTRATION
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes – 40-169
(a) CITY ADMINISTRATION
The Department shall administer the SSTS program and all provisions of this
Ordinance. At appropriate times, the City shall review this and revise and update
this Ordinance as necessary. The City shall employ or retain under contract qualified
and appropriately licensed professionals to administer and operate the SSTS
program.
(b) STATE OF MINNESOTA
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.
Sec. 40-200. - VALIDITY
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes – 40-163
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.
Sec. 40-201. - LIABILITY
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – No
Any liability or responsibility shall not be imposed upon the City 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 SSTS regulated
under this rule by reason of standards, requirements, or inspections authorized hereunder.
Page 7 Draft – 6/7/13
Sec. 40-202. - MEASUREMENT OF DISTANCES
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – 40-164
Unless otherwise specified in this division, all distances shall be measured horizontally.
Sec. 40-203. - INTERPRETATION OF CERTAIN ITEMS
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – 40-165
For the purposes of this division, certain terms or words used shall be interpreted as follows:
The words “shall” and “must” are mandatory; the words “should” and “may” are permissive.
Sec. 40-204. - 40-232 - RESERVED
Sec. 40-233. - RETROACTIVITY
Provision Required by MPCA Rule – Yes – Checklist Item No. 9
Provision Included in Previous Ordinance – Yes – 40-170
(a) All SSTS
Except as explicitly set forth in Section 40-233(b), all provisions of this Ordinance
shall apply to any SSTS regardless of the date it was originally permitted.
(b) 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.
(c) Two Soil Treatment and Dispersal Areas
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, Chapters 7080. 2200 through 7080.2230
or site conditions described in 7081.0270, Subp. 3 through 7. If an additional soil
treatment and dispersal area is available on lots created on or before January 23,
1996, it shall be identified in the site evaluation.
(d) 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.
Page 8 Draft – 6/7/13
Sec. 40-234. - UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT
Provision Required by MPCA Rule – Yes – Checklist Item No’s. 1, 2, and 3
Provision Included in Previous Ordinance – Yes – 40-170, 40-177, 40-186
(a) 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.
(b) Bedroom Additions
A compliance inspection is required prior to issuance of a permit for a bedroom
addition. The owner is allowed 5 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:
(1) The Department issues a permit to add a bedroom;
(2) A SSTS inspection is triggered by a bedroom addition permit request;
(3) The existing system was installed between May 27, 1989 and January 3,
1996;
(4) The SSTS does not comply with Minnesota Rules, Chapter 7080.1500,
Subp. 4.B.;
(5) The SSTS is not determined to be an imminent threat to public health or
safety in accordance with Minnesota Rules, Chapter 7080.1500, Subp.
4.A.
(c) Failure to Protect Groundwater
An SSTS that is determined not to be protective of groundwater in accordance with
Minnesota Rules, Chapter 7080.1500,Subp.4.B shall be upgraded, repaired,
replaced or abandoned by the owner in accordance with the provisions of this
Ordinance within 18 months of receipt of a Notice of Noncompliance.
(d) 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, Chapter 7080.1500,Subp.4A shall be upgraded,
repaired, replaced or abandoned by the owner in accordance with the provisions of
this Ordinance within 10 months of receipt of a Notice of Noncompliance.
Page 9 Draft – 6/7/13
(e) Abandonment
Any SSTS, or any component thereof, which is no longer intended to be used, must
be abandoned in accordance with Minnesota Rules, Chapter 7080.2500.
Sec. 40-235. - SSTS IN FLOODPLAINS
Provision Required by MPCA Rule – Yes – Checklist Item No. 12
Provision Included in Previous Ordinance – Yes – 40-217
SSTS shall not be located in a floodway and wherever possible, location within any part of a
floodplain shall 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, Chapter 7080.2270 and
the following requirements are met:
(1) In floodplain areas, there shall be no pipe or other installed opening
between the distribution medium and the soil surface.
(2) Trench systems shall be located on the highest feasible area of the lot
and shall have location preference over all other improvements except
the water supply well. The bottom of the distribution medium shall be at
least as high as the elevation of the ten -year flood. The sewage tank may
be located so as to provide gravity flow to the trenches.
(3) If a lift station is used to move effluent from the sewage tank to the
trenches, provisions shall be made to prevent the pump from operating
when inundated with floodwaters.
(4) When it is necessary to raise the elevation of the soil treatment area, a
mound system as specified in 40-270 may be used with the following
additional requirement: In no case shall the sand base fill for the mound
exceed 48 inches below the rockbed. The elevation of the mound shall be
such that the elevation of the bottom of the rockbed shall be at least one -
half foot above the ten-year flood elevation. Inspection pipes shall not be
installed unless the top of the mound is above the elevation of the
regional flood.
(5) When the top of a sewage tank is inundated, the dwelling must cease
discharging sewage into it. This may be accomplished by either
temporarily evacuating the structure until the system again becomes
functional or by diverting the sewage into a holding tank as follows: If a
Page 10 Draft – 6/7/13
holding tank is used for a dwelling, its liquid capacity shall equal 100
gallons times the number of bedrooms times the number of days between
the ten-year stage on the rising limb of the regional flood hydrograph and
the ten-year stage on the falling limb of the hydrograph or 1,000 gallons,
whichever is greater. For other establishments, storage equal to at least
five times the average design flow must be provided. The holding tank
must be accessible for removal of tank contents under flooded conditions.
(6) The building sewer shall be designed to prevent backflow of liquid into the
building when the system is inundated. If a holding tank is used, the
building sewer shall be designed to permit rapid diversion of sewage into
the holding tank when the system is inundated.
(7) Whenever the water level has reached a stage above the top of a sewage
tank, the tank shall be pumped to remove all solids and liquids after the
flood has receded before use of the system is resumed.
Sec. 40-236. - CLASS V INJECTION WELLS
Provision Required by MPCA Rule – Yes – Checklist Item No. 16
Provision Included in Previous Ordinance – Yes – 40-168
All owners of new or replacement SSTS that are considered to be Class V injection wells, as
defined in the Code of Federal Regulations, title 40, part 144, are required by the Federal
Government to submit SSTS inventory information to the Environmental Protection Agency as
described in CFR40 part 144. Further, owners are required to identify all Class V injection wells
in property transfer disclosures.
Sec. 40-237. - SSTS PRACTITIONER LICENSING
Provision Required by MPCA Rule – Yes – Checklist Item No. 4
Provision Included in Previous Ordinance – Yes – 40-180, 40-311
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 7083.0700.
Sec. 40-238. - PROHIBITIONS
Provision Required by MPCA Rule – Yes – Checklist Item No. 11
Provision Included in Previous Ordinance – Yes – 40-167, 40-171, 40-172, 40-174, 40-175
Page 11 Draft – 6/7/13
(a) 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 in an unsewered area that is not provided with a wastewater treatment
system that disposes of wastewater in a manner that complies with the provisions of
this Ordinance. The owner, builder or developer of a property must connect to the
municipal sanitary sewer or a compliant SSTS within one year when building or
remodeling a structure where the building or use produces sewage.
(b) 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.
(c) Sewage Discharge to a Well or Boring
It is unlawful for any person to discharge raw or treated wastewater into any well or
boring as described in Minnesota Rules, Chapter 4725.2050, or any other excavation
in the ground that is not in compliance with this ordinance.
(d) Discharge of Hazardous or Deleterious Materials
It is unlawful for any person to discharge into any treatment system regulated under
this Ordinance any Industrial Waste, or hazardous or deleterious material that
adversely affects the treatment or dispersal performance of the system or
groundwater quality.
Sec. 40-239. - 40-269 - RESERVED
Sec. 40-270. - STANDARDS ADOPTED BY REFERENCE
Provision Required by MPCA Rule – Yes – Checklist Item No. 6
Provision Included in Previous Ordinance – Yes – 40-173, 40-175, 40-178, 40-179, 40-180, 40-
181, 40-183, 40-184, 40-185, 40-187, 40-188, 40-189, 40-190, 40-216, 40-218, 40-219, 40-220,
40-222, 40-252, 40-253, 40-254, 40-255,
The City 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
City’s right or ability to adopt local standards that are in compliance with Minnesota Statute
115.55.
Page 12 Draft – 6/7/13
Sec. 40-271. - AMENDMENTS TO THE ADOPTED STANDARDS
Provision Required by MPCA Rule – Yes – Checklist Item No’s. 6, 10, 19, 21
Provision Included in Previous Ordinance – Yes – 40-173, 40-181, 40-182, 40-221
(a) Determination of Hydraulic Loading Rate and SSTS Sizing
Table IX from Minnesota Rules, Chapter 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.
(b) Compliance Criteria for Existing SSTS
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 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 percent 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.
(c) Holding Tanks
Sewage holding tanks may be considered for installation on previously developed
sites, as a temporary method for periods of up to one year, during which time
measures are being taken to provide municipal sewer service or the installation of an
approved system as provided in this division. Holding tanks may be considered on a
permanent basis for nonresidential, low -water use establishments generating less
than 150 gallons per day of waste, subject to approval by the department and the
issuance of a certificate of compliance. Holding tanks may also be considered for
floor drains for vehicle parking areas and existing facilities potentially generating a
hazardous waste.
Page 13 Draft – 6/7/13
(d) Setbacks
The following setback requirements are hereby added to Table VII in Minnesota
Rules Chapter 7080.2150.F:
Table VII: Minimum setback distances (feet)
Feature Sewage tank, holding Absorption area or
T
tank, or sealed privy unsealed privy
h
Aboveground swimming 10 10
e
pools
In-ground swimming pools 10 20
f
Shoreland Blufflines (18% 20 20
o
slope)
l
lowing setback requirements are hereby added to Table II in Minnesota Rules
Chapter 7081.0270 Subpart 2:
Table II: Minimum setback distances (feet)
V
Feature Sewage tank, holding Absorption area or
a
tank, or sealed privy unsealed privy
r
Aboveground swimming 10 10
i
pools
a
In-ground swimming pools 10 20
n
Shoreland Blufflines (18% 20 20
c
slope)
e
s to building setbacks included in Minnesota Rules Chapter 7080 and 7081 may only
be considered through the normal City variance process. Variances to shoreland
setbacks may be considered through the shoreland management ordinance.
Variances to well and water line setbacks are governed by the MDH.
(e) Licensed Professional Engineer Required
The design of SSTS regulated under Minnesota Rules Chapter 7081 shall be
completed by a licensed Minnesota Professional Engineer, who is also licensed by
the MPCA as an Advanced Designer.
Page 14 Draft – 6/7/13
Sec. 40-272. - VARIANCE REQUESTS
Provision Required by MPCA Rule – Yes – Checklist Item No. 7
Provision Included in Previous Ordinance – Yes – 40-283
A property owner may request a variance from the standards as specified in this ordinance
pursuant to city policies and procedures. The City shall consider the requirements of Minnesota
Rules Chapter 7082.0300, subp. 2 and 3 when considering such variances.
Variances that pertain to the standards and requirements of the State of Minnesota must be
approved by the affected State Agency pursuant to the requirements of the State Agency.
Sec. 40-273. - PERMIT REQUIRED
Provision Required by MPCA Rule – Yes – Checklist Item No. 8
Provision Included in Previous Ordinance – Yes – 40-284, 40-312
It is unlawful for any person to construct, install, modify, replace, or operate a SSTS without the
appropriate permit from the 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.
Sec. 40-274. - CONSTRUCTION PERMIT
Provision Required by MPCA Rule – Yes – Checklist Item No. 8, 18
Provision Included in Previous Ordinance – Yes – 40-284, 40-312, 40-313, 40-314, 40-315
A construction permit shall be obtained by the property owner or an agent of the property owner
from the Department 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).
(a) Activities Requiring a Construction Permit
A construction 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.
(b) Activities Not Requiring a Permit
A construction permit is not required for minor repairs or replacements of system
Page 15 Draft – 6/7/13
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.
(c) Construction Permit Required to Obtain Building Permit
For any property on which a SSTS permit is required, approval and issuance of a
valid SSTS Construction Permit must be obtained before a building or land use
permit may be issued by the Department.
(d) Conformance to Prevailing Requirements
Any activity involving an existing system that requires a Construction Permit shall
require that the entire system be brought into compliance with this Ordinance.
(e) Permit Application Requirements
Construction Permit applications shall be made on forms provided by the Department
and signed by the applicant and an appropriately certified practitioner including the
practitioner’s certification number and date of expiration. The applications shall
include the documents listed in items 1 through 8 below.
(1) The correct address and legal description of the property where the
proposed work is to take place.
(2) The name and contact information (address and telephone number) of
the property owner.
(3) The name, contact information, and MPCA License Number of the SSTS
Designer responsible for the system design.
(4) Site Evaluation Report as described in Minnesota Rules, Chapter
7080.1730 and on the Department’s permit application.
(5) Design Report as described in Minnesota Rules, Chapter 7080.2430 and
on the Department’s permit application.
(6) Building Plans for the existing and proposed system.
(7) Management Plan as described in Minnesota Rules, Chapter 7082.0600.
(8) Permit fee.
(f) Application Review and Response
The Department shall review a permit application and supporting documents. Upon
Page 16 Draft – 6/7/13
satisfaction that the proposed work will conform to the provisions of this Ordinance,
the Department shall issue a written 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 Department shall complete the review of the
amended application within (15) working days of receipt of the amended application.
If the permit application is incomplete or does not meet the requirements of this
ordinance the Department shall deny the application. A notice of denial shall be
provided to the applicant, which must state the reason for the denial.
(g) Appeal
The applicant may appeal the Departments decision to deny the Construction Permit
in accordance with the City’s established policies and appeal procedures.
(h) Permit Expiration
The Construction Permit 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 Department or a licensed inspection
business, which is authorized by the Department and independent of the owner and
the SSTS installer.
(i) Extensions and Renewals
The Department may grant an extension of the Construction 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.
(j) Transferability
A Construction Permit shall not be transferred to a new owner. The new owner must
apply for a new Construction Permit in accordance with this section.
(k) Suspension or Revocation
The Department may suspend or revoke a Construction Permit issued under this
section for any false statements, misrepresentations of facts on which the
Construction Permit was issued, or unauthorized changes to the system design that
Page 17 Draft – 6/7/13
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 valid Construction Permit is obtained.
(l) Posting
The Construction 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.
Sec. 40-275. - OPERATING PERMIT
Provision Required by MPCA Rule – Yes – Checklist Item No. 8, 14
Provision Included in Previous Ordinance – No
(a) SSTS Requiring an Operating Permit
An Operating Permit shall be required of all owners of new holding tanks, Type IV
Systems, Type V Systems, MSTS, or any other system deemed by the Department
to require operational oversight. Sewage shall not be discharged to these systems
until the Department certifies that the system was installed in substantial
conformance with the approved plans, receives the final record drawings of the
system, and a valid Operating Permit is issued to the owner.
(b) Permit Application Requirements
(1) Application for an Operating Permit shall be made on a form provided by
the 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
(2) Owners of holding tanks shall provide to the Department a copy of a valid
monitoring and disposal contract executed between the owner and a
Page 18 Draft – 6/7/13
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, Chapter 7082.0100,
Subp. 3G. This requirement is waived if the owner is a farmer who is
exempt from licensing under Minnesota Statutes, section 115.56,
subdivision 3, paragraph (b), clause (3).
(3) All SSTS existing prior to the effective date of this ordinance shall require
an operating permit upon transfer of ownership, replacement, any
modification or expansion that requires a permit, or following any SSTS
enforcement action.
(c) Department Response
The 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 Department. If the submitted documents fulfill
the requirements, the Department shall issue an operating permit within (10) working
days of receipt of the permit application.
(d) Operating Permit Terms and Conditions
The Operating Permit shall include the following:
Page 19 Draft – 6/7/13
(1) System performance requirements
(2) System operating requirements
(3) Monitoring locations, procedures and recording requirements
(4) Maintenance requirements and schedules
(5) Compliance limits and boundaries
(6) Reporting requirements
(7) Department notification requirements for non-compliant conditions
(8) Valid contract between the owner and a licensed maintenance business
(9) Disclosure, location and condition of acceptable soil treatment and
dispersal system site.
(10) Descriptions of acceptable and prohibited discharges.
(e) 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 (90) calendar days of the expiration date, the City may
require that the system be abandoned in accordance with Section 40-277.
(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 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
Page 20 Draft – 6/7/13
certified designer, maintenance contractor, or operator at the
discretion of the City.
e. Any revisions made to the operation and maintenance manual.
f. Payment of application review fee as determined by the City.
(f) Amendments to Existing Permits not Allowed
The City 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.
(g) Transfers
The operating permit may not be transferred. A new owner shall apply for an
operating permit in accordance with Section 40-275 of this Ordinance. 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.
(h) 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 Section 40-276.
(4) At the Department’s discretion, the operating permit may be reinstated or
renewed upon the owner taking appropriate corrective actions.
(i) 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
Page 21 Draft – 6/7/13
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
g. Name, signature, license and license number of the licensed
professional who performed the work
Sec. 40-276. - ABANDONMENT CERTIFICATION
Provision Required by MPCA Rule – Yes – Checklist Item No. 5
Provision Included in Previous Ordinance – No
(a) 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.
(b) Abandonment Requirements
(1) 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
Page 22 Draft – 6/7/13
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.
(2) 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.
(3) An owner of an SSTS must retain a licensed installation business to
abandon all components of the treatment system within (60) calendar
days of discontinued use. Abandonment shall be completed in
accordance with Minnesota Rules, Chapter 7080.2500. No prior
notification to the Department of an owner’s intent to abandon a system is
necessary.
(4) A report of abandonment certified by the licensed installation business
shall be submitted to the Department. The report shall include:
a. Owner’s name and contact information
b. Property address
c. System construction permit and operating permit
d. The reason(s) for abandonment
e. 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.
(c) 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 City shall notify the owner of the
SSTS of the deficiencies, which shall be corrected within (30) calendar days of the
notice.
Sec. 40-277. - MANAGEMENT PLANS
Provision Required by MPCA Rule – Yes – Checklist Item No. 13, 15
Provision Included in Previous Ordinance – No
Page 23 Draft – 6/7/13
(a) 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.
(b) MANAGEMENT PLAN REQUIREMENTS
(1) SSTS Requiring Management Plans
Management plans are required for all new or replacement SSTS. The
management plan shall be submitted to the Department with the construction
permit application for review and approval. The 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
(c) Required Contents of a Management Plan
Management plans shall include:
Page 24 Draft – 6/7/13
(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;
(6) A description of the system and each component;
(7) A description of how the system functions;
(8) A site plan of the system;
(9) Equipment specifications;
(10) Emergency operating procedures in the event of a malfunction;
(11) A troubleshooting guide
(d) Requirements for Systems not Operated Under a Management Plan
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, Chapter 7080.2450.
Sec. 40-278. - 40-309 - RESERVED
Sec. 40-310. - COMPLIANCE INSPECTION PROGRAM
Provision Required by MPCA Rule – Yes – Checklist Item No’s. 3, 17
Provision Included in Previous Ordinance – Yes – 40-285
(a) Department Responsibility
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.
Page 25 Draft – 6/7/13
(1) SSTS compliance inspections must be performed:
a. To ensure compliance with applicable requirements;
b. 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;
c. For all new SSTS construction or replacement;
d. 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, Chapter 7082.0700 using the
SSTS inspection report forms provided by MPCA.
(2) All compliance inspections must be performed and signed by licensed
inspection businesses or qualified employees certified as inspectors.
(3) The 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 (2) days in advance of the intended
inspection.
(4) No person shall hinder or otherwise interfere with the 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 Department shall be deemed a separate and distinct offense.
Page 26 Draft – 6/7/13
(b) New Construction or Replacement
(1) Compliance inspections must be performed on new or replacement SSTS
to determine compliance with Minnesota Rules, Chapters 7080 or 7081.
(2) It is the responsibility of the SSTS owner or the owner’s agent to notify
the Department (2) calendar days prior to any permitted work on the
SSTS.
(3) Installation inspections shall be made at each installation, prior to any
work having been covered by backfill. Work that is backfilled prior to the
required inspection may be ordered to be uncovered whenever necessary
to determine compliance.
(4) The licensed installer shall be responsible for notifying the department a
minimum of 24 hours before the time the work is ready for inspection or
reinspection.
(5) When, upon inspection, any part of the system is determined not to be in
compliance with this division, written notice shall be provided by the
department indicating the deficiency and the required corrections.
(6) Noted deficiencies shall be properly corrected and reinspected before any
other work on the project is continued.
(7) SSTS found not to be in compliance with 7080.1500, Subp. 4A or
7081.0080, Subp. 3 must be repaired or replaced within ten months.
(8) No system shall be placed or replaced in service until final inspection and
approval of the installation.
(9) The contractor, upon completion of the installation, shall file with the
department as –built drawings indicating the location of system
components dimensioned from a permanent reference point.
(10) A minimum of three construction inspections are required for mounds in
accordance with the following:
a. When the original soil under the mound has been roughened, but
prior to placement of the sand fill. Enough of the proposed sand fill
must be present to be viewed.
b. After placement of rock and piping but prior to cover.
Page 27 Draft – 6/7/13
c. Final inspection, when the job is completed.
(11) SSTS that are determined to have operation or monitoring deficiencies
must immediately be maintained, monitored or otherwise managed
according to the operating permit.
(12) A Certificate of Compliance for new SSTS construction or replacement
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.
(13) 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.
(14) The certificate of compliance or notice of noncompliance must be
submitted to the Department no later than (15) calendar days after the
date the inspection was performed. The Department shall deliver the
certificate of compliance or notice of noncompliance to the owner or the
owner’s agent within (15) calendar days of receipt from the certified
inspector. No SSTS shall be placed into operation until a valid
certificated of compliance has been issued.
(15) Certificates of compliance for new construction or replacement shall
remain valid for (5) years from the date of issue unless the Department
finds evidence of noncompliance.
(c) 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
Page 28 Draft – 6/7/13
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;
d. At any time as required by this Ordinance or the 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. Watertightness 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;
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 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 Department no later than (15) calendar days after the
date the inspection was performed. The Department shall deliver the
certificate of compliance or notice of noncompliance to the owner or the
owner’s agent within (15) calendar days of receipt from the licensed
inspection business.
(5) Certificates of compliance for existing SSTS shall remain valid for (three)
Page 29 Draft – 6/7/13
years from the date of issue unless the Department finds evidence of
noncompliance.
(d) Periodically Saturated Soil Disagreements
Disputes involving documented discrepancies on the depth of the periodically
saturated soil for SSTS design or compliance purposes shall be resolved according
to 7082.0700, subp. 5.
(e) Point of Sale Compliance Inspections
If you would like to consider requiring compliance inspections at the point of property
sale, we could include that language here.
Sec. 40-311. - 40-341 - RESERVED
Sec. 40-342. - VIOLATIONS
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes – 40-282, 40-341
(a) Cause to Issue a Notice of Violation
Any person, firm, agent, or corporation who violates any of the provisions of this
Ordinance, or who fails, neglects, or refuses to comply with the provisions of this
Ordinance, including violations of conditions and safeguards, or who knowingly
makes any material false statement or knowing omission in any document required
to be submitted under the provisions hereof, shall be guilty of a misdemeanor and
upon conviction thereof, shall be punishable as defined by Minnesota State Statutes.
Each day that a violation exists shall constitute a separate offense.
(b) Notice of Violation
The Department shall serve, in person or by mail, a notice of violation to any person
determined to be violating provisions of this Ordinance. The notice of violation shall
contain:
Page 30 Draft – 6/7/13
(1) A statement documenting the findings of fact determined through
observations, inspections, or investigations;
(2) A list of specific violation(s) of this Ordinance
(3) Specific requirements for correction or removal of the specified
violation(s);
(4) A mandatory time schedule for correction, removal and compliance with
this ordinance.
(c) Cease and Desist Orders
Cease and desist orders may be issued when the Department has probable cause
that an activity regulated by this or any other City Ordinance is being or has been
conducted without a permit or in violation of a permit. When work has been stopped
by a cease and desist order, the work shall not resume until the reason for the work
stoppage has been completely satisfied, any administrative fees paid, and the cease
and desist order lifted.
Sec. 40-343. - PROSECUTION
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – No
In the event of a violation or threatened violation of this Ordinance, the City may, in addition to
other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain,
correct or abate such violations or threatened violations and the City Attorney shall have
authority to commence such civil action. The Department and City Attorney may take such
actions as may be necessary to enforce the provisions of this ordinance.
Sec. 40-344. - STATE NOTIFICATION OF VIOLATION
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes – 40-342, 40-343
In accordance with state law, the 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. If there is known contamination of groundwater, the city also may notify the
MDH for a possible well advisory.
Page 31 Draft – 6/7/13
Sec. 40-345. - COSTS AND REIMBURSEMENTS
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – No
If the Department is required to remove or abate an imminent threat to public health or safety,
the Department may recover all costs incurred in removal or abatement in a civil action,
including legal fees; at the discretion of the City Council, the cost of an enforcement action
under this ordinance may be assessed against the real property on which the public health
nuisance was located.
Sec. 40-346. - RECORD KEEPING
Provision Required by MPCA Rule – Not required to be in Ordinance, but rule does require City
to maintain records in accordance with this provision
Provision Included in Previous Ordinance – No
The City 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 city sorted by licensed installation businesses, and other records
relevant to each system.
Sec. 40-347. - ANNUAL REPORT
Provision Required by MPCA Rule – Not required to be in Ordinance, but rule does require City
to maintain records in accordance with this provision
Provision Included in Previous Ordinance – No
The department shall provide an annual report of SSTS permitting activities to MPCA no later
than February 1 for the previous calendar year.
Sec. 40-348. - FEES
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – Yes, 40-285
From time to time, the City Council shall establish fees for activities undertaken by the
Department pursuant to this Ordinance. Fees shall be due and payable at a time and in a
manner to be determined by the Department.
Sec. 40-349. - INTERPRETATION
Provision Required by MPCA Rule – No
Page 32 Draft – 6/7/13
Provision Included in Previous Ordinance – No, but may be addressed elsewhere in City Code
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 City and shall not be
deemed a limitation or repeal of any other powers granted by Minnesota Statutes.
Sec. 40-350. - SEVERABILITY
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – No, but may be addressed elsewhere in City Code
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.
Sec. 40-351. - ABROGATION AND GREATER RESTRICTIONS
Provision Required by MPCA Rule – No
Provision Included in Previous Ordinance – No, but may be addressed elsewhere in City Code
It is not intended by this Ordinance to repeal, abrogate, or impair any other existing City
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.
Sec. 40-352. - 40-370 - RESERVED
Page 33 Draft – 6/7/13
Attachment 2
SSTS Ordinance Checklist
Subsurface Sewage Treatment Systems (SSTS) Program
Doc Type: Self Audit
Instructions:
This checklist is to be completed and sent with a copy of the ordinance to the Minnesota Pollution Control Agency
(MPCA) Commissioner at least 30 days prior to adoption of the ordinance. The Commissioner has up to six months to respond. The
ordinance may be adopted and implemented during this time.
Note:unlock
To this form for editing for MS Word 2003 users, select the Tools Menu/Unprotect Document; for MS Word 2007
users, select the Developer Tab/Protect Document/Restrict Formatting & Editing and click on Stop Protection in lower right corner of
screen. (To add Developer Tab to Ribbon, click on the icon in the upper left corner of screen, select Word Options/Popular and
check Show Developer Tab.)
Submit checklist, list of differences,
Minnesota Pollution Control Agency
and a copy of the ordinance to:
Attn: Commissioner’s Office
520 Lafayette Road North
St. Paul, Minnesota 55155-4194
Local Unit of Government: City of Maplewood, MN
Administrator: Michael Thompson, Director of Public Works Date (mm/dd/yyyy): 6/7/2013
County Programs
Regulatory model chosen:
Conventional
Performance
Alternative Local Standards (for existing systems)
Alternative Local Standards (for new or replacement systems)
City, Township, or Other Program
County in which your jurisdiction lies: Ramsey
Regulatory model chosen:
Conventional
Performance
All Ordinance Requirements
1. A provision requiring upgrade, replacement, repair, or discontinued use of systems failing to protect ground water as
defined in Minn. R. 7080.1500, subp. 4.
Included
Ordinance citation (page or part number): 40-234 (c)
Upgrade time period: 10 month
2. A provision requiring upgrade, replacement, repair, or discontinued use of systems posing an imminent threat as
defined in Minn. R. 7080.1500, subp. 4.
Included
Ordinance citation (page or part number): 40-234(d)
3. If the local unit issues permits to add a bedroom, a provision requiring a Certificate of Compliance (COC) or Notice of
Noncompliance (NON) be issued on the system prior to issuance of a building permit or variance for the addition of a
bedroom.
Included
Issue bedroom permits included
Ordinance citation: 40-310(c)(1)b and 40-234(b)
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4. Provision requiring all SSTS work to be done by appropriately licensed businesses, qualified employees or person
exempt from licensing in Minn. R. 7083.0700, subp. 1.
Included
Ordinance citation (page or part number): 40-237
5. Provision requiring abandonment of systems no longer in use.
Included
Ordinance citation (page or part number): 40-276
6. Technical standards and criteria for new and existing SSTS.
Included
Ordinance citation (page or part number): 40-270 and 40-271
7. Provision specifying whether local variances may be allowed and if so, how to apply.
Included
Ordinance citation (page or part number): 40-272
8. Provisions for design review, permit issuance, construction inspection and system operation.
Included
Ordinance citation (page or part number): 40-273, 40-274, and 40-275
9. Provision requiring space for two Type I soil treatment areas.
Included
Ordinance citation (page or part number): 40-233(c)
10. Provision specifying conditions for holding tanks.
Included
Ordinance citation (page or part number): 40-271(c)
11. Provision prohibiting surface discharge of sewage without MPCA National Pollutant Discharge Elimination System
(NPDES) permit.
Included
Ordinance citation (page or part number): 40-238(b)
12. Provision specifying the allowable use and location for SSTS in floodplains.
Included
Ordinance citation (page or part number): 40-235
13. Provision requiring a management plan for all new and replacement SSTS.
Included
Ordinance citation (page or part number): 40-277(b)
14. Provision requiring operating permit for Type IV and V systems, and Midsized Sewage Treatment Systems.
Included
Ordinance citation (page or part number): 40-275(a)
15. Provision, for systems not with a management plan or operating permit, requiring SSTS maintenance as specified in
Minn. R. 7080.2450.
Included
Ordinance citation (page or part number): 40-277(d)
16. Provision requiring that owners of Class V wells submit inventory information to the U.S. Environmental Protection
Agency (EPA) and that Class V wells be identified as such in property transfer disclosures.
Included
Ordinance citation (page or part number): 40-236
17. Provision outlining how periodically saturated soil disagreements between licensed SSTS businesses or between
licensed SSTS businesses and a local unit of government will be resolved.
Included
Ordinance citation (page or part number): 40-310(d)
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18. Provision specifying what level of local approval is needed for repair, rejuvenation or remediation of SSTS as defined
in local ordinance.
Included
Ordinance citation (page or part number): 40-274(a)(b)
19. Provision specifying the allowed methods to determine the loading rate from Minn. R. 7080.2150, subp. 3, item E,
Tables IX or IXa.
Included
Ordinance citation (page or part number): 40-271(a)
20. Provision that requires all sewage generated in the jurisdiction to be treated either in an agency-permitted facility or
a system designed under Minn. R. chs. 7080 and 7081 standards.
Included
Ordinance citation (page or part number): 40-197
21. Does the ordinance include a provision that allows a reduced separation distance as described in Minn. R. 7080.1500,
subp. 4, item D?
Included.
If so, this reduction must not be more than 15 percent in the vertical separation distance ordinarily required for that system.
Ordinance citation (page or part number): 40-271(b)
22. List of technical differences between Minn. R. chs. 7080 and 7081, and the local ordinance.
Included
Additional Requirements for Performance Programs
1. An education program for SSTS owners
Included
Ordinance citation (page or part number):
2. A program to evaluate risks of SSTS receiving environments and work with local planning authority to evaluate
impacts of SSTS regulation on land use.
Included
Ordinance citation (page or part number):
3. A program to determine performance requirements necessary for each receiving environment that ensures that
underground sources of drinking water are protected to the standard of Minn. R. ch. 4717 and surface water are
protected to the standards of Minn. R. ch. 7050.
Included
Ordinance citation (page or part number):
4. Specify site evaluation requirements to define the process to characterize the receiving environment.
Included
Ordinance citation (page or part number):
5. A program for operating permits for all system owners, including tracking and review of compliance monitoring
reports.
Included
Ordinance citation (page or part number):
6. A program to track residuals hauling, treatment and disposal according to EPA’s 503 regulations and applicable
state, tribal and local requirements.
Included
Ordinance citation (page or part number):
7. A program for notifying owners of pending scheduled submittals and for performing system inspections randomly or
at the time of operating permit reissuance.
Included
Ordinance citation (page or part number):
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8. An enforcement program including penalties for failure to comply with the compliance schedule and requiring
system inspection by certified inspection at the time of operating permit reissuance.
Included
Ordinance citation (page or part number):
9. A recordkeeping program that includes a database inventory with locations, site evaluations, record drawings,
permits, inspection reports, tracking for operating permits and compliance reporting.
Included
Ordinance citation (page or part number):
10. A financial assistance and funding program to support the management program.
Included
Ordinance citation (page or part number):
Additional Requirements for Alternative Local Standards
The draft local ordinance must be submitted to the MPCA at least 30 days before adoption. The submittal package must include the
following:
For existing systems:
1. The draft standard that is less restrictive than the Minn. R. ch. 7080 standard for existing systems.
Included
Ordinance citation (page or part number):
2. Demonstration that the alternative local standards adequately protect public health and the environment. Include
information on soil separation, soil classification, vegetation, system use, localized well placement and construction,
localized density of systems and wells, ground water flow patterns, and existing natural or artificial drainage.
Included
For new or replacement systems:
1. The draft standard that is less restrictive than the Minn. R. ch. 7080 standards for new or replacement systems.
Included
Ordinance citation (page or part number):
2. A map showing the areas of the county covered by the alternative local standards for new or replacement systems.
Included
3. Documentation of population density in the area covered by the alternative local standard.
Included
4. Description of the reasons why conformance to Minn. R. ch. 7080 standards is difficult or otherwise inappropriate.
Included
5. Description of the hardship that would result from strict conformance to Minn. R. ch.7080.
Included
6. Evidence of sustained and projected low population density.
Included
7. Demonstration that the alternative local standards adequately protect public health and the environment. Include
information on soil separation, soil classification, vegetation, system use, localized well placement and construction,
localized density of systems and wells, ground water low patterns, and existing natural or artificial drainage.
Included
8. Date the draft ordinance was submitted to the county’s local water planning advisory committee, and any comments
that may be been received.
Included
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