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2013-07-15 ENR Packet
AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday,July15,2013 7p.m. Council Chambers -Maplewood City Hall 1830 County Road B East 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval ofMinutes: a.June 17, 2013 5.Unfinished Business a.Subsurface Sewage Treatment Systems Ordinance b.Update on Maplewood Turf Management Plan and Pesticide Use on Parks and Public Lands 6.New Business 7.Visitor Presentations 8.Commission Presentations 9.Staff Presentations a.NationalNight Out (August 6) b.Maplewood Nature Center Programs 10.Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00p.m.,Monday,June 17, 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 7:02 p.m.by Chair Johannessen. 2.ROLL CALL Absent Randee Edmundson, Commissioner Judith Johannessen, ChairPresent Carol Mason Sherrill, CommissionerPresent Ann Palzer, Vice ChairPresent Cindy Schafer, CommissionerPresent Dale Trippler, CommissionerPresent Ginny Yingling, CommissionerPresent Staff Present Shann Finwall, Environmental Planner 3.APPROVAL OF AGENDA Staff added agenda items 9.e. (Bird Safe Building Guidelines)and 9. f. (Street Sweepings). Commissioner Tripplermoved to approve the agenda as amended. Seconded by CommissionerMason Sherrill.Ayes –All The motion passed. 4.APPROVAL OF MINUTES Chairperson Johannessen requested a change on page 2, item 5.a., third bullet point: the word “their” should be “there.” Commissioner Schafer had a correction on the same page,last bullet point: the sentence should read four “lakes” were removed from the impaired waters list, not four “streets.” CommissionerTrippler moved to approve the May 20, 2013,Environmental and Natural Resources Commission meeting minutes as amended. Seconded by CommissionerMason Sherrill.Ayes –Chairperson Johannessen, Commissioner’s Mason Sherrill, Palzer & Schafer Abstentions –Commissioner Trippler & Yingling The motion passed. June 17, 2013 1 Environmental and Natural Resources Commission MeetingMinutes 5.NEW BUSINESS a.Subsurface Sewage Treatment Systems Ordinance i.Environmental Planner Finwall introduced the item for the Subsurface Sewage Treatment Systems (SSTS) Ordinance. ii.Brian Malm, consultant with Bolton & Menkgave the report and answered questions of the commissionregarding changes to the ordinance. The commission discussed the ordinance and proposed changes as follows: Compliance inspection for addition of bedroom: Why would the City give a property owner five years to upgrade their septic system after the issuance of a building permit for a new bedroom? Hook up to City sewer or an appropriate SSTS when building or modifying a structure that produces sewage: Why would the City give a property owner one year to hook up to such a system after building or modifying a structure? Amended building permits: Is 15 days enough time to allow an applicant to submit documentation of changes made to a septic system building permit? Appeals to building permits: Who would an applicant appeal to if a building permit is denied? Department response: Is ten days enough time for the City to issue a building permit for a septic system. Permit expiration: The burden of knowing when a building permit expires should be placed on the applicant, not the City. Maintenance requirements: The City should create a system to monitor whether property owners are obtaining the required maintenance inspections. Point of sale compliance inspection: The City should research the feasibility of requiring homeowners to have a compliance inspection and make needed repairs prior to the sale of a property. Location of Existing SSTS: It would be helpful to have a map showing where the existing SSTS are located and if they are within a flood plain or shoreland district. Staff will revise the ordinance and bring it back for review by the ENR Commission in July. 6.UNFINISHED BUSINESS None. 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS None. 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 June 17, 2013 2 Environmental and Natural Resources Commission MeetingMinutes Environmental Planner Finwall gave an update on future meetingswhich include the continued review of the SSTS ordinance; turf management presentation; and tree ordinance. c.Maplewood Fourth of July Celebration The City of Maplewood will be hosting the Fourth of July Celebration onThursday, July 4, 2013, at Hazelwood Parkat 4:00 p.m.with fireworks at dusk. Staff has been working with the vendors on ensuring products they sell can be recycled. d.Nature Center Programs Environmental Planner Finwall presented the upcoming Nature Center Programs. For more information contact the Nature Center at (651) 249-2170. e.Bird Safe Building Guidelines Update In May Commissioner Mason Sherrill brought up the AudubonSociety’s bird safe building guidelines. Since then Environmental Planner Finwall contacted the Audubon Society for information on the program. The AudubonSociety has forwarded staff information on how to retrofit City buildings to make them safer for birds. Staff will continue to research the feasibility of retrofitting City buildings and share that information with local businessesas well. f.Street Sweepings Environmental Planner Finwall discussed the City’s new process for disposing of street sweepings, which includes sifting the sweepings and using them for street projects. In 2011 the City removed 1,891 tons of street sweepings and in 2012 that amount was reduced to 1,058 tons.This is due to the switch from a sand/salt mix, to the use of pure salt in most conditions. 10.ADJOURNMENT Chair Johannessen adjourned the meeting at 9:15p.m. June 17, 2013 3 Environmental and Natural Resources Commission MeetingMinutes 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:July 11, 2013,forthe July 15ENR Commission Meeting INTRODUCTION During the June Environmental and Natural Resources Commission meeting the Commission reviewed the first draft of a Subsurface Sewage Treatment System (SSTS) ordinance. 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.The City is required to update its ordinance to comply with Minnesota Rules Chapter 7080-7083. DISCUSSION Commission Review The Commission discussed the ordinance and posed questions and changes as follows: 1.Compliance inspection for addition of bedroom: Why would the City give a property owner five years to upgrade their septic system after the issuance of a building permit for a new bedroom? 2.Hook up to City sewer or an appropriate SSTS when building or modifying a structure that produces sewage: Why would the City give a property owner one year to hook up to such a system after building or modifying a structure? 3.Amended building permits: Is 15 days enough time to allow an applicant to submit documentation of changes made to a septic system building permit? 4.Appeals to building permits: Who would an applicant appeal to if a building permit is denied? 5.Department response: Is ten days enough time for the City to issue a building permit for a septic system. 6.Permit expiration: The burden of knowing when a building permit expires should be placed on the applicant, not the City. 7.Maintenance requirements: The City should create a system to monitor whether property owners are obtaining the required maintenance inspections. 8.Point of sale compliance inspection: The City should research the feasibility of requiring homeowners to have a compliance inspection and make needed repairs prior to the sale of a property. 9.Location of Existing SSTS: It would be helpful to have a map showing where the existing SSTS are located and if they are within a flood plain or shoreland district. Staff worked with consultant Brian Malm, engineer with Bolton & Menk, Inc., to update the draft ordinance.Therevised ordinance is attached (Attachment 1). Existing SSTS There are currently 103 SSTS in use throughout Maplewood. Of these, 78 are required due to lack of sanitary sewer availability. The remaining 25systems are for buildings where a sanitary sewer is available, but connections were waived during sanitary sewer construction due to financial hardships or excessive distance from the structure to the sewer line. A majority of the SSTS are for residential properties, with a few commercialsystems in use. The attached SSTS map shows the location of property which the systems are located and whether the property is situated in a flood plain(Attachment 2).Additional information will be supplied during the meeting on the number of commercial versus residential SSTS and whetheractual septic systems are located in a flood plain,or just portions of the property. Management Plan Management plans are required for all new or replacement SSTS. The management plan must be submitted to the Citywith aconstruction permit application for review and approval.Theapplicant is required to notify the City of any system modifications made during construction and the management plan revised and resubmitted at the time of final construction certification.An example management plan is attached (Attachment 3). Operating Permit An operating permitis required for: 1. Owners of new holding tanks. 2.Type IV Systems: 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. 3.Type V Systems: 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 organisms is prevented. 4.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. 5. Any other system deemed by the City to require operational oversight. Sewage cannot be discharged to these systems until the City 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. An operating permit template is attached (Attachment 4). Compliance Inspections The ordinance in its current draft form will require compliance inspections under the following circumstances: 1.Construction of new system. 2.Modification, upgrade, or repair of existing systems. 3.Prior to issuance of building permits for bedroom additions. 4.Any time there is an expansion of use of the building being served by the system that might impact performance of the system. 5.Any time there is a change is use of the property being served by the system that might impact performance of the system. 6.At the discretion of the City upon receipt of complaint or other notice of system malfunction. 7.At time of property transfer. Compliance Inspections would not be required on a regular or recurring basis unless one of the above conditions occurs. Compliance inspections review the following: 1.Is there surfacing sewage or sewage backup into the home? 2.Is the septic tank leaking? 3. Is the system failing to protect groundwater (determined by vertical separation distanceto periodically saturated soils)? If the answer to any of these questions is yes, then the system is non-compliant. If the answer to all questions are no, then the system is compliant and a Certificate of Compliance is issued. Certificates of Compliance expire after three years, except in the case of property transfers on systems less than five years old, where they are good for fiveyears. When a Certificate of Compliance expires,a new compliance inspection is not required automatically. A new compliance inspection is only required if certain circumstances exist. SSTS Maintenance SSTS are required to be maintained every three years. Maintenance consists of measuring the sludge and scum levels in the tank and pumping the contents of the tank if necessary. The measurement of the sludge and scum layers is sometimes referred to as inspecting the tank, but that inspection is not related to the Compliance Inspection requirement. The ordinance in its current draft form will require that SSTS owners submit a MPCA Septic Tank Maintenance Reporting Form (Attachment 5) to the City and every three years. This will allow the City to create a system of tracking the required maintenance inspections. RECOMMENDATION Review and offer comment, feedback, and a recommendation on the proposed SSTS Ordinance (Attachment 1). TheCommission’s recommendations will go to the City Councilfor a public hearingandfinal approvalof the ordinance. Attachments: 1.SSTS Ordinance 2.Map of Existing SSTS in Maplewood 3.Management Plan Example (Trench System) 4.Operating Permit Template 5.Septic Tank Maintenance Reporting Form Attachment 1 CITY OF MAPLEWOOD, MN CODE OF ORDINANCES CHAPTER 40 - UTILITIES ARTICLE II - SEWERS DIVISION 5 - SUBSURFACE SEWAGE TREATMENT SYSTEMS Draft–6/77/10/13 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 .............................................................................................. 7 Sec. 40-199. -ADMINSTRATION ......................................................................................... 7 Sec. 40-200. -VALIDITY ....................................................................................................... 7 Sec. 40-201. -LIABILITY ....................................................................................................... 7 Sec. 40-202. -MEASUREMENT OF DISTANCES ................................................................ 9 Sec. 40-203. -INTERPRETATION OF CERTAIN ITEMS ..................................................... 9 Sec. 40-204. -40-232 - RESERVED ..................................................................................... 9 Sec. 40-233. -RETROACTIVITY .......................................................................................... 9 Sec. 40-234. -UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT ................ 10 Sec. 40-235. -SSTS IN FLOODPLAINS ............................................................................. 12 Sec. 40-236. -CLASS V INJECTION WELLS ..................................................................... 13 Sec. 40-237. -SSTS PRACTITIONER LICENSING ............................................................ 13 Sec. 40-238. -PROHIBITIONS ........................................................................................... 13 Sec. 40-239. -40-269 - RESERVED ................................................................................... 14 Sec. 40-270. -STANDARDS ADOPTED BY REFERENCE ................................................ 14 Sec. 40-271. -AMENDMENTS TO THE ADOPTED STANDARDS .................................... 14 Sec. 40-272. -VARIANCE REQUESTS .............................................................................. 18 Sec. 40-273. -PERMIT REQUIRED .................................................................................... 18 Sec. 40-274. -CONSTRUCTION PERMIT .......................................................................... 18 Sec. 40-275. -OPERATING PERMIT ................................................................................. 21 Sec. 40-276. -ABANDONMENT CERTIFICATION ............................................................. 25 Sec. 40-277. -MANAGEMENT PLANS ............................................................................... 27 Sec. 40-278. -40-309 - RESERVED ................................................................................... 28 Sec. 40-310. -COMPLIANCE INSPECTION PROGRAM ................................................... 28 Sec. 40-311. -40-341 - RESERVED ................................................................................... 35 Sec. 40-342. -VIOLATIONS ................................................................................................ 35 Table of Contents Draft – 6/77/10/13 Sec. 40-343. -PROSECUTION ........................................................................................... 36 Sec. 40-344. -STATE NOTIFICATION OF VIOLATION ..................................................... 36 Sec. 40-345. -COSTS AND REIMBURSEMENTS ............................................................. 36 Sec. 40-346. -RECORD KEEPING ..................................................................................... 37 Sec. 40-347. -ANNUAL REPORT ....................................................................................... 37 Sec. 40-348. -FEES ............................................................................................................ 37 Sec. 40-349. -INTERPRETATION ...................................................................................... 37 Sec. 40-350. -SEVERABILITY ............................................................................................ 38 Sec. 40-351. -ABROGATION AND GREATER RESTRICTIONS ...................................... 38 Sec. 40-352. -40-370 - RESERVED ................................................................................... 38 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 .................. 8 Sec. 40-235. -SSTS IN FLOODPLAINS ............................................................................... 9 Sec. 40-236. -CLASS V INJECTION WELLS ..................................................................... 10 Sec. 40-237. -SSTS PRACTITIONER LICENSING ............................................................ 10 Sec. 40-238. -PROHIBITIONS ........................................................................................... 10 Sec. 40-239. -40-269 - RESERVED ................................................................................... 11 Sec. 40-270. -STANDARDS ADOPTED BY REFERENCE ................................................ 11 Sec. 40-271. -AMENDMENTS TO THE ADOPTED STANDARDS .................................... 11 Sec. 40-272. -VARIANCE REQUESTS .............................................................................. 12 Sec. 40-273. -PERMIT REQUIRED .................................................................................... 12 Sec. 40-274. -CONSTRUCTION PERMIT .......................................................................... 13 Sec. 40-275. -OPERATING PERMIT ................................................................................. 16 Table of Contents Draft – 6/77/10/13 Sec. 40-276. -ABANDONMENT CERTIFICATION ............................................................. 20 Sec. 40-277. -MANAGEMENT PLANS ............................................................................... 21 Sec. 40-278. -40-309 - RESERVED ................................................................................... 22 Sec. 40-310. -COMPLIANCE INSPECTION PROGRAM ................................................... 22 Sec. 40-311. -40-341 - RESERVED ................................................................................... 26 Sec. 40-342. -VIOLATIONS ................................................................................................ 26 Sec. 40-343. -PROSECUTION ........................................................................................... 27 Sec. 40-344. -STATE NOTIFICATION OF VIOLATION ..................................................... 27 Sec. 40-345. -COSTS AND REIMBURSEMENTS ............................................................. 28 Sec. 40-346. -RECORD KEEPING ..................................................................................... 28 Sec. 40-347. -ANNUAL REPORT ....................................................................................... 28 Sec. 40-348. -FEES ............................................................................................................ 28 Sec. 40-349. -INTERPRETATION ...................................................................................... 29 Sec. 40-350. -SEVERABILITY ............................................................................................ 29 Sec. 40-351. -ABROGATION AND GREATER RESTRICTIONS ...................................... 29 Sec. 40-352. -40-370 - RESERVED ................................................................................... 29 Table of Contents Draft – 6/77/10/13 Sec. 40-161. - INTRODUCTION Provision Required by MPCA Rule – No Provision Included in Previous OrdinanceOrdinance – Yes – 40-161, 40-162 This is an ordinanceOrdinance authorizing and providing for sewage treatment and soil dispersal in unsewered areas of the cityCity. It establishes: 1. Minimum standards for and regulation of IindividualSsewageTtreatmentSsystems (ISTS) and mid-sized Subsurface Sewage Treatment Systems (MSTS) (collectively referred to as SSTS) in unsewered areas of the CityCity of Maplewood incorporating by reference minimum standards established by Minnesota statutes and administrative rules of the Minnesota Pollution Control Agency (MPCA), 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,Ssections 115.55, 145A.05, the CityCity Comprehensive Plan and theCityCity Zoning OrdinanceOrdinance. Sec. 40-162. - TITLE, PURPOSE AND INTENT Provision Required by MPCA Rule – No Provision Included in Previous OrdinanceOrdinance – 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) OrdinanceOrdinance.” (b) Purpose The purpose of this ordinanceOrdinance 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, Page 1 Draft – 7/106/7/13 general welfare, and natural resources. (c) Intent It is intended by the City that this OrdinanceOrdinance 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 protectingagainst 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 andor 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 OrdinanceOrdinance – No ThisOrdinanceOrdinance 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 – 7/106/7/13 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 twenty (20) people. The U.S. 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. City Manager: The City Manager of the City of Maplewood, Minnesota. Department: The City of Maplewood Department designated by the City Manager to administer SSTS. Public Works Department. Design Flow: The daily volume of wastewater for which an SSTSa SSTS is designed to treat and discharge. Flood Plain: The channel or beds proper and the areas adjoining a wetland, watercourse or lake which a regional flood may have or could hereafter cover. Floodplain areas within the City shall include all areas shown as zone A or zone AE on the flood insurance rate map. Refer to the City Floodplain Ordinance for further definitions. 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 Page 3 Draft – 7/106/7/13 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 Chapter 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 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 Page 4 Draft – 7/106/7/13 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 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 SSTSa 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. Page 5 Draft – 7/106/7/13 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 Level B: cBOD < 25 mg/L; TSS < 30 mg/L; fecal coliforms < 10,000/100 mL. 5 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 organisms 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 in accordance with the City Sanitary Sewer Ordinance. The CcityEengineer, or his or her designee, shall determine if municipal sanitary sewer is available. Page 6 Draft – 7/106/7/13 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. 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 thisorand revise or 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 theMPCA. 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 Page 7 Draft – 7/106/7/13 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 8 Draft – 7/106/7/13 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 Chapter7081.0270, 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 9 Draft – 7/106/7/13 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.If the system is found to be non-compliant, the owner shall upgrade, repair, or replace the existing system prior to issuance of the permit for the 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 SSTSA 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 eighteen (18) months of receipt of a Notice of Noncompliance. (d) Imminent Threat to Public Health or Safety An SSTSA 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 ten (10) months of receipt of a Notice of Page 10 Draft – 7/106/7/13 Noncompliance. (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. Page 11 Draft – 7/106/7/13 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 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. Page 12 Draft – 7/106/7/13 (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 (CFR),Ttitle 40, Ppart 144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR40,pPart 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 (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. Page 13 Draft – 7/106/7/13 (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 Oordinance. (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. 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 Page 14 Draft – 7/106/7/13 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 ordinanceOrdinance. (b) Compliance Criteria for Existing SSTS SSTS built after March 31, 1996 or existing SSTS located in a Shoreland area, existingwellhead Protection area, or serving a food, beverage, or lodging establishment as defined under Minnesota Rules, Chapter 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 fifteen (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 OrdinanceOrdinance. The vertical separation measurement shall be made outside the area of system influence but in an area of similar soil. Minnesota Rules, Chapter 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 (1) year, during which time measures are being taken to provide municipal sewer service or the installation of an approved system as provided in this divisionOrdinance. Holding tanks may be considered on a permanent basis for nonresidential, low -water use establishments generating less than one hundred fifty (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 15 Draft – 7/106/7/13 Page 16 Draft – 7/106/7/13 (d) Setbacks The following setback requirements are in addition to the setbacks required in hereby added to Table VII in MinneMinnesota Rules Chapter 7080.2150.F: Table VII: Minimum setback distances (feet) Feature Sewage tank, holding Absorption area or tank, or sealed privy unsealed privy Aboveground swimming 10 10 pools In-ground swimming pools 10 20 Shoreland Blufflines (18% 20 20 slope) The following setback requirements are in addition to the setbacks required in are hereby added to Table II in Minnesota Rules Chapter 7081.0270 Subpart 2: Table II: Minimum setback distances (feet) Feature Sewage tank, holding Absorption area or tank, or sealed privy unsealed privy Aboveground swimming 10 10 pools In-ground swimming pools 10 20 Shoreland Blufflines (18% 20 20 slope) Variances 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 SshorelandMmanagement Oordinance. 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 17 Draft – 7/106/7/13 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 ordinanceOrdinance pursuant to the requirements provided in Minnesota State Statutes. 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 OrdinanceOrdinance – 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 ordinanceOrdinance 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 OrdinanceOrdinance – 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 OrdinanceOrdinance 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. Page 18 Draft – 7/106/7/13 (b) Activities Not Requiring a Permit A construction permit is not required for minor repairs or replacements of system components that do not alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. (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 OrdinanceOrdinance. (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 (mailingaddress, and telephone number, and e-mail address) 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 Page 19 Draft – 7/106/7/13 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 satisfaction that the proposed work will conform to the provisions of this OrdinanceOrdinance, 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 contact the Department prior to initiating or continuing construction, modification, or operation to determine whether an amended application will be necessary, as determined by the Department. If determined necessary, the applicant shall 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 ordinanceOrdinance 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)(g)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. Page 20 Draft – 7/106/7/13 (i)(h)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 (6)months. (j)(i)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)(j)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 alter the original function of the system as determined by the Department, 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)(k)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 OrdinanceOrdinance – 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. Page 21 Draft – 7/106/7/13 (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 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 ordinanceOrdinance 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 22 Draft – 7/106/7/13 (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 ninety(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)(3)Application shall be made on a form provided by the Department including: a. Applicant name, mailing address, and phonetelephone number, and e-mail address. b. Reference number of previous owner’s operating permit. c. Any and all outstanding Compliance Monitoring Reports as Page 23 Draft – 7/106/7/13 required by the Operating Permit. d. Certified treatment system inspection signed and/or sealed by a certified designer, maintenance contractor, or operator at the discretion of the 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 OrdinanceOrdinance 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 TheOoperatingPpermit may not be transferred. A new owner shall apply for an OoperatingPpermit in accordance with Section 40-275 of this OrdinanceOrdinance. The Department shall not terminate the current permit until sixty (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 Page 24 Draft – 7/106/7/13 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 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, mailing e and address, telephone number, and e- mail 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 OrdinanceOrdinance – 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 Page 25 Draft – 7/106/7/13 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 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 OrdinanceOrdinance 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 SSTSa SSTS must retain a licensed installation business to abandon all components of the treatment system within sixty (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, mailing address, telephone number, and e-mail address. 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 OrdinanceOrdinance, the Page 26 Draft – 7/106/7/13 Department shall issue an abandonment certificate. If the abandonment is not completed according the requirements of this ordinanceOrdinance the City shall notify the owner of the SSTS of the deficiencies, which shall be corrected within thirty (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 OrdinanceOrdinance – No (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: (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 Page 27 Draft – 7/106/7/13 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. System owners shall be required to submit a MPCA Septic Tank Maintenance Reporting Form to the Department every three (3) years. 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 OrdinanceOrdinance – 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 OrdinanceOrdinance are met. (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 Certificate of Page 28 Draft – 7/106/7/13 Complianceby 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 two(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 ordinanceOrdinance. Refusal to allow reasonable access to the property by the Department shall be deemed a separate and distinct offense. (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 two(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 Page 29 Draft – 7/106/7/13 to determine compliance. (4) The licensed installer shall be responsible for notifying the department a minimum of twenty four (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 Ddepartment 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 Minnesota Rules, Chapter 7080.1500, Subp. 4A or Chapter7081.0080, Subp. 3 must be repaired or replaced within ten (10)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. 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 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 Page 30 Draft – 7/106/7/13 construction permit. (13) The Ccertificate of Ccompliance 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 ordinanceOrdinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncomplianceNotice of Noncompliance must be issued to the owner which includes a statement specifying those ordinanceOrdinance provisions with which the SSTS does not comply. (14) The certificate of compliance Certificate of Compliance ornotice of noncomplianceNotice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the certificate of compliance Certificate of Compliance ornotice of noncomplianceNotice of Noncompliance to the owner or the owner’s agent within fifteen (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 Certificates of Compliance for new construction or replacement shall remain valid for five(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 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 Page 31 Draft – 7/106/7/13 system; d. At any time as required by this OrdinanceOrdinance 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. Water-tightness assessment of all treatment tanks including a leakage report; b. Vertical separation distance between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock including a vertical separation verification report; c. Sewage backup, surface seepage, or surface discharge including a hydraulic function report. (3) The certificate of compliance 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 ordinanceOrdinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncomplianceNotice of Noncompliance must include a statement specifying those ordinanceOrdinance 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 Certificate of Compliance ornotice of noncomplianceNotice of Noncompliance must be submitted to the Department no later than fifteen(15) calendar days after the date the inspection was performed. The Department shall deliver the certificate of compliance Certificate of Compliance ornotice of noncomplianceNotice of Noncompliance to the owner or the owner’s agent within fifteen (15) calendar days of receipt from the licensed inspection business. (5)Certificates of compliance Certificates of Compliance for existing SSTS shall remain valid for (three) (3) years from the date of issue unless the Page 32 Draft – 7/106/7/13 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 toMinnesota Rules, Chapter 7082.0700, subp. 5. (e) Point of Sale Compliance Inspections (e) If you would like to consider requiring compliance inspections at the point of property sale, we could include that language here.Transfer of Properties (1) Whenever a conveyance of land including a structure that is required to have a SSTS occurs, the following requirements shall be met: a. A compliance inspection shall have been performed and a Certificate of Compliance shall have been submitted to the Department within three (3) years for SSTS older than five years or within five (5) years if the system is less than five years old, prior to the intended sale or transfer of the property, unless evidence is found identifying the SSTS as an Imminent Threat to Public Health and Safety. b. The compliance inspection must have been performed by a qualified employee of the Department or a licensed inspection business following procedures described in Section 40-310. c. The seller of the property must disclose in writing information about the status and location of all known SSTS on the property to the buyer on a form acceptable to the Department. d. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a compliant SSTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law, or Federal or State chartered financial institution. The amount escrowed shall be equal to one hundred fifty percent (150%) of a written estimate to install a compliant SSTS as provided by a licensed SSTS installer, or the Page 33 Draft – 7/106/7/13 amount escrowed shall be equal to one hundred ten percent (110%) of the written contract price for the installation of a compliant SSTS provided by a licensed SSTS installer. After a compliant SSTS has been installed and a Certificate of Compliance issued, the Department shall provide the escrow agent a copy of the Certificate of Compliance. (2) A Certificate of Compliance is not required if the sale or transfer involves the following circumstances: a. The affected tract of land is without buildings or contains no dwellings or other buildings with plumbing fixtures. b. The transfer does not require the filing of a Certificate of Real Estate Value, as described in Minnesota Statutes, Section 272.115, Subdivision 1. c. The transfer is a foreclosure or tax forfeiture. d. The sale or transfer completes a contract for deed or purchase agreement entered into prior to the effective date of this Ordinance. This subsection applies only to the original vendor and vendee on such a contract. e. All dwellings or other buildings are served by a municipal sanitary sewer collection system permitted by the MPCA. (3) All property conveyances subject to this ordinance occurring during the period between November 15th and April 15th, when SSTS compliance cannot be determined due to frozen soil conditions, shall require a winter agreement, which includes an application for a SSTS permit and an agreement to complete a compliance inspection by the following June 1st by a licensed inspection business. If upon inspection the SSTS is found to be in compliance, the permit fee will be refunded. If upon inspection the system is found to be non-compliant, an escrow agreement must be established in accordance with paragraph (1) d. above, and a compliant SSTS installed within the timeframe outlined in the Notice of Noncompliance. (4) The responsibility for completing the compliance inspection under Page 34 Draft – 7/106/7/13 paragraph (1) a. above, or for upgrading a system found to be non- compliant shall be determined by the buyer and seller. Buyer and seller shall provide the Department with a signed statement indicating responsibility for completion of the compliance inspection and for upgrading a system found to be non-compliant. (5) The issuance of permits, Certificates of Compliance, or Notices of Noncompliance shall not be construed to represent a guarantee or warranty of the system's operation or effectiveness. Such permits or certificates only represent that the system has been designed and installed in compliance or non-compliance with the provisions of these standards and regulations. Sec. 40-311. - 40-341 - RESERVED Sec. 40-342. - VIOLATIONS Provision Required by MPCA Rule – No Provision Included in Previous OrdinanceOrdinance – 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 OrdinanceOrdinance, or who fails, neglects, or refuses to comply with the provisions of this OrdinanceOrdinance, 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 OrdinanceOrdinance. The notice of violation shall contain: (1) A statement documenting the findings of fact determined through Page 35 Draft – 7/106/7/13 observations, inspections, or investigations; (2) A list of specific violation(s) of this OrdinanceOrdinance (3) Specific requirements for correction or removal of the specified violation(s); (4) A mandatory time schedule for correction, removal and compliance with thisordinanceOrdinance. (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 OrdinanceOrdinance 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 OrdinanceOrdinance – No In the event of a violation or threatened violation of this OrdinanceOrdinance, 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 ordinanceOrdinance. Sec. 40-344. - STATE NOTIFICATION OF VIOLATION Provision Required by MPCA Rule – No Provision Included in Previous OrdinanceOrdinance – 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 SSTSa SSTS by a licensed/certified person or any septage removal by a licensed pumper that is performed in violation of the provisions of this OrdinanceOrdinance. If there is known contamination of groundwater, the cCity also may notify the MDH for a possible well advisory. Sec. 40-345. - COSTS AND REIMBURSEMENTS Provision Required by MPCA Rule – No Page 36 Draft – 7/106/7/13 Provision Included in Previous OrdinanceOrdinance – 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 ordinanceOrdinance 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 OrdinanceOrdinance, but rule does require City to maintain records in accordance with this provision Provision Included in Previous OrdinanceOrdinance – 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 cityCity 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 OrdinanceOrdinance, but rule does require City to maintain records in accordance with this provision Provision Included in Previous OrdinanceOrdinance – No TheDdepartment 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 OrdinanceOrdinance – Yes, 40-285 From time to time, the City Council shall establish fees for activities undertaken by the Department pursuant to this OrdinanceOrdinance. 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 Provision Included in Previous OrdinanceOrdinance – No, but may be addressed elsewhere in City Code Page 37 Draft – 7/106/7/13 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 ordinanceOrdinance is adjudged unconstitutional or invalid by a court of law, the remainder of this OrdinanceOrdinance 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 OrdinanceOrdinance – 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 ordinanceOrdinance, easements, covenants, or deed restrictions. However, where this OrdinanceOrdinance imposes greater restrictions, the provisions of this OrdinanceOrdinance shall prevail. All other OrdinanceOrdinances inconsistent with this ordinanceOrdinance are hereby repealed to the extent of the inconsistency only. Sec. 40-352. - 40-370 - RESERVED Page 38 Draft – 7/106/7/13 \ § ¨¦ §¨ ¦ 694 35E §¨Attachment 2 ¦ 4765 694 19 Æ% 120 4765 107 4765 109 4765 4765 Silver 65 68 Lake £ ¤ 61 Kohlman 4765 Lake 22 4765 23 Gervais Lake Æ% 36 Keller \ Lake \ § ¨ ¦ 35E 4765 25 \\£ ¤ 61 4765 49 4765 4765 28 58 4765 27 4765 29 4765 62 Lake Round Phalen Lake 4765 30 Subsurface Sewage Treatment Systems Subsurface Sewage Treatment Systems 4765 68 4765 Æ% 120 31 Beaver Lake Æ% 5 4765 34 3M Lake Tanner's Lake §¨ ¦ 94 Æ% 120 \ \ 4765 72 4765 39 4765 25 \ Legend Lake 4765 68 \\ Island \ \ \ \ \ Shoreland Designation Carver Flood Hazard Area Lake Septic System § ¨ ¦ 4765 494 43 Available No Yes Attachment 3 Septic System Management Plan for Below Grade Systems The goal of a septic system is to protect human health and the environment by properly treating wastewater before returning it to the environment. Your septic system is designed to kill harmful organisms and remove pollutants before the water is recycled back into our lakes, streams and groundwater. management plan This will identify the operation and maintenance activities necessary to ensure long-term performance of your septic system. Some of these activities must be performed by you, the homeowner. Other tasks must be performed by a licensed septic maintainer or service provider. However, it is YOUR responsibility to make sure all tasks get accomplished in a timely manner. The University of Minnesota’s Septic System Owner’s Guide contains additional tips and recommendations designed to extend the effective life of your system and save you money over time. Proper septic system design, installation, operation and maintenance means safe and clean water! Property Owner Property Address Property ID System Designer Phone System Installer Phone Service Provider/Maintainer Phone Permitting Authority Phone Permit # Date Inspected Keep this Management Plan with your Septic System Owner’s Guide. The Septic System Owner’s Guide includes a folder to hold maintenance records including pumping, inspection and evaluation reports. Ask your septic professional to also: Attach permit information, designer drawings and as-builts of your system, if they are available. Keep copies of all pumping records and other maintenance and repair invoices with this document. Review this document with your maintenance professional at each visit; discuss any changes in product use, activities, or water-use appliances. For a copy of the Septic System Owner’s Guide, call 1-800-876-8636 or go to http://shop.extension.umn.edu/ http://septic.umn.edu Version 6/10/2010 - 1 - Septic System Management Plan for Below Grade Systems Your Septic System Septic System Specifics System is subject to operating permit* System Type: I II III IV* V* System uses UV disinfection unit* (Based on MN Rules Chapter 7080.2200 – 2400) Type of advanced treatment unit ______________ *Additional Management Plan required Dwelling Type Well Construction Number of bedrooms: ______________________ Well depth (ft): __________________________ System capacity/ design flow (gpd): __________ Cased well Casing depth: ___________ Anticipated average daily flow (gpd): __________ Other (specify): ___________________ Comments________________________________ Distance from septic (ft):____________________ Business? ___ What type? ___________________ Is the well on the design drawing? Y N Septic Tank One tank Tank volume: _________ gallonsPump Tank (if one) _________ gallons Does tank have two compartments? Y N Effluent Pumpmake/model:______________ Two tanksTank volume: _________ gallonsPump capacity ______ GPM Tank is constructed of __________________ TDH _____ Feet of head Effluent Screen type: ___________________ Alarm location ________________________ Soil Treatment Area (STA) Trenches: ___________ total lineal feet Gravity distribution Pressure distribution Number of trenches: _____ at _______ feet each Cleanouts Inspection ports STA size (width x length): ____ ft x ____ ft Additional STA not available Location of additional STA:_________________ - 2 - Septic System Management Plan for Below Grade Systems Homeowner Management Tasks These operation and maintenance activities are your responsibility.Use the chart on page 6 to track your activities. Identify the service intervals recommended by your system designer and your local government. shortest interval of these three intervals The tank assessment for your system will be the . Your pumper/maintainer will determine if your tank needs to be pumped. System Designer: check every ________ months My tank needs to be checked Local Government: check every ________ months every _____ months check every 36 months State Requirement: Seasonally or several times per year Leaks.Check (listen, look) for leaks in toilets and dripping faucets. Repair leaks promptly. Surfacing sewage. Regularly check for wet or spongy soil around your soil treatment area. If surfaced sewage or strong odors are not corrected by pumping the tank or fixing broken caps and leaks, call your service professional. Untreated sewage may make humans and animals sick. Alarms.Alarms signal when there is a problem; contact your maintainer any time the alarm signals. Lint filter. If you have a lint filter, check for lint buildup and clean when necessary. Consider adding one after washing machine. Effluent screen. If you do not have one, consider having one installed the next time the tank is cleaned. Annually Water usage rate. A water meter can be used to monitor your average daily water use. Compare your water usage rate to the design flow of your system (listed on the next page). Contact your septic professional if your average daily flow over the course of a month exceeds 70% of the design flow for your system. Caps. Make sure that all caps and lids are intact and in place. Inspect for damaged caps at least every fall. Fix or replace damaged caps before winter to help prevent freezing issues. Water conditioning devices. See Page 5 for a list of devices. When possible, program the recharge frequency based on water demand (gallons) rather than time (days). Recharging too frequently may negatively impact your septic system. Review your water usage rate. Review the Water Use Appliance chart on Page 5. Discuss any major changes with your pumper/maintainer. During each visit by a pumper/maintainer Ask if your pumper/maintainer is licensed in Minnesota. Make sure that your pumper/maintainer services the tank through the manhole. (NOT though a 4” or 6” diameter inspection port.) Ask your pumper/maintainer to accomplish the tasks listed on the Professional Tasks on Page 4. - 3 - Septic System Management Plan for Below Grade Systems Professional Management Tasks These are the operation and maintenance activities that a pumper/maintainer performs to help ensure long-term performance of your system. Professionals should refer to the O/M Manual for detailed checklists for tanks, pumps, alarms and other components. Call 800-322-8642 for more details. Written record provided to homeowner after each visit. Plumbing/Source of Wastewater Review the Water Use Appliance Chart on Page 5 with homeowner. Discuss any changes in water use and the impact those changes may have on the septic system. Review water usage rates (if available) with homeowner. Septic Tank/Pump Tanks Manhole lid. A riser is recommended if the lid is not accessible from the ground surface. Insulate the riser cover for frost protection. Liquid level. Check to make sure the tank is not leaking. The liquid level should be level with the bottom of the outlet pipe. (If the water level is below the bottom of the outlet pipe, the tank may not be watertight. If the water level is higher than the bottom of the outlet pipe of the tank, the effluent screen may need cleaning, or there may be ponding in the drainfield.) Inspection pipes. Replace damaged caps. Baffles. Check to make sure they are in place and attached, and that inlet/outlet baffles are clear of buildup or obstructions. Effluent screen. Check to make sure it is in place; clean per manufacturer recommendation. Recommend retrofitted installation if one is not present. Alarm. Verify that the alarm works. Scum and sludge. Measure scum and sludge in each compartment of each septic and pump tank, pump if needed. Pump Pump and controls. Check to make sure the pump and controls are operating correctly. Pump vault. Check to make sure it is in place; clean per manufacturer recommendations. Alarm. Verify that the alarm works. Drainback.Check to make sure it is operating properly. Event counter or run time. Check to see if there is an event counter or run time log for the pump. If there is one, calculate the water usage rate and compare to the anticipated average daily flow listed on Page 2. Soil Treatment Area Inspection pipes. Check to make sure they are properly capped. Replace caps that are damaged. Surfacing of effluent. Check for surfaced effluent or other signs of problems. Gravity trenches and beds.Check the number of gravity trenches with ponded effluent. Identify the percentage of the system in use. Determine if action is needed. Pressure trenches and beds - Lateral flushing. Check lateral distribution; if cleanouts exist, flush and clean as needed. All other components – inspect as listed here: - 4 - Septic System Management Plan for Below Grade Systems Water-Use Appliances and Equipment in the Home Appliance Impacts on System Management Tips Uses additional water. Use of a garbage disposal is not recommended. Adds solids to the tank. Minimize garbage disposal use. Compost instead. Garbage disposal Finely-ground solids may not settle. To prevent solids from exiting the tank, have your Unsettled solids can exit the tank tank pumped more frequently. and enter the soil treatment area. Add an effluent screen to your tank. Washing several loads on one day Choose a front-loader or water-saving top-loader, uses a lot of water and may overload these units use less water than older models. your system. Limit the addition of extra solids to your tank by Overloading your system may using liquid or easily biodegradable detergents. prevent solids from settling out in Install a lint filter after the washer and an effluent Washing machine the tank. Unsettled solids can exit screen to your tank the tank and enter the soil treatment Wash only full loads. area. Limit use of bleach-based detergents. Think even – spread your laundry loads throughout the week. The rapid speed of water entering Install an effluent screen in the septic tank to prevent the tank may reduce performance. the release of excessive solids to the soil treatment nd 2 floor laundry area. Be sure that you have adequate tank capacity. Powdered and/or high-phosphorus Use gel detergents. Powdered detergents may add detergents can negatively impact the solids to the tank. performance of your tank and soil Use detergents that are low or no-phosphorus. Dishwasher treatment area. Wash only full loads. New models promote “no scraping”. Scrape your dishes anyways to keep undigested They have a garbage disposal inside. solids out of your septic system. Finely-ground solids may not settle. Expand septic tank capacity by a factor of 1.5. Grinder pump (in Unsettled solids can exit the tank Include pump monitoring in your maintenance home) and enter the soil treatment area. schedule to ensure that it is working properly. Add an effluent screen. Large volume of water may Avoid using other water-use appliances at the same overload your system. time. For example, don’t wash clothes and take a Large bathtub bath at the same time. Heavy use of bath oils and soaps can (whirlpool) impact biological activity in your Use oils, soaps, and cleaners in the bath or shower tank and soil treatment area. sparingly. Clean Water Uses Impacts on System Management Tips Drip may result in frozen pipes Re-route water into a sump pump or directly out of High-efficiency during cold weather. the house. Do not route furnace recharge to your furnace septic system. Salt in recharge water may affect These sources produce water that is not sewage and Water softener system performance. should not go into your septic system. Iron filter Recharge water may hydraulically Reroute water from these sources to another outlet, Reverse osmosis overload the system. such as a dry well, draintile or old drainfield. When replacing, consider using a demand-based Water from these sources will likely Surface drainage recharge vs. a time-based recharge. overload the system. Footing drains Check valves to ensure proper operation; have unit serviced per manufacturer directions - 5 - Septic System Management Plan for Below Grade Systems Maintenance Log Track maintenance activities here for easy reference. See list of management tasks on pages 3and 4. Activity Date accomplished Check frequently: Leaks: check for plumbing leaks Soil treatment area check for surfacing Lint filter: check, clean if needed Effluent screen: if owner-maintained Check annually: Water usage rate (monitor frequency____) Caps: inspect, replace if needed Water use appliances – review use Other: ________________________________________________________________________ Notes: ______________________________________________________________________________ Mitigation/corrective action plan: __________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ “As the owner of this SSTS, I understand it is my responsibility to properly operate and maintain the sewage treatment system on this property, utilizing the Management Plan. If requirements in this Management Plan are not met, I will promptly notify the permitting authority and take necessary corrective actions. If I have a new system, I agree to adequately protect the reserve area for future use as a soil treatment system.” Property Owner Signature: Date Management Plan Prepared By: Certification # Permitting Authority: ©2010 Regents of the University of Minnesota. All rights reserved. The University of Minnesota is an equal opportunity educator and employer. This material is available in alternative formats upon request. Contact the Water Resources Center, 612-624-9282. The Onsite Sewage Treatment Program is delivered by the University of Minnesota Extension Service and the University of Minnesota Water Resources Center. - 6 - Attachment 4 <Insert logo/address here> Wastewater Treatment and Dispersal Operating Permit Operating Permit No. ____________ Doc Type: Agency Generated 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.) Facility Information Permittee name (and business Phone number: name, if applicable): Mailing address: City: State: Zip code: Property ID number (GPS location): authorizes the Permittee to operate a wastewater treatment and dispersal system at the address named above in accordance with the requirements of this operating permit. The attached Management Plan is hereby incorporated as part of the requirements of this operating permit. Issuance date: Expiration date: System type: Treatment level: System design flow: Residential/Commercial: System components: Monitoring Requirements Parameter Effluent limits Frequency Location Design flow (gpd) Average flow (gpd) CBOD (mg/L) 5 TSS (mg/L) O&G (mg/L) Fecal Coliform bacteria (#/100mL) Total Nitrogen, Total Phosphorus (mg/L) Operational Field Tests, may include: Temperature, Dissolved Oxygen and pH Ponding/Surfacing in soil treatment Monitoring Requirements Comment Field www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-wwists5-15 • 12/30/11Page 1 of 4 Maintenance Requirements Maintenance requirements shall be performed as specified in the Management Planas prepared by the system’s Advanced Designer. System component Maintenance Frequency Extenal grease interceptor Septic tank/Trash tank Pump tank and controls Effluent screen Advanced treatment product UV light disinfection device Soil treatment and dispersal Monitoring Protocol Any sampling and laboratory testing procedures shall be performed in accordance with the proprietary treatment product’s protocol, Standard Methods, and at a Minnesota Department of Health approved laboratory. Results shall be submitted to the permitting Fill in this field with the name and address of the LGU authority at: () no later than sixty (60) days prior to when the permit to operate Fill in this field with the name and address of the the system expires, and to the proprietary treatment products manufacturer at: ( treatment product manufacturer ). Contingency Plan In the event the wastewater treatment system does not meet required performance requirements as contained in this operating permit, the owner shall notify the local unit of government within thirty (30) days of receiving non-compliant information. The owner is responsible to obtain the services of a Minnesota Pollution Control Agency (MPCA)-licensed Service Provider or other qualified practitioner to complete the required corrective measures. Authorization This permit is effective on the issuance date identified above. This permit and the authorization to treat and disperse wastewater shall expire in year(s). The Permittee is not authorized to discharge after the above date of expiration. The Permittee shall Fill in this field with the name of the LGU submit monitoring information on forms as required by () no later than sixty (60) days prior to the above date of expiration for operating permit renewal. This permit is not transferable. The owner is required to obtain the services of a Minnesota Pollution Control Agency (MPCA) licensed and trained: 1) Service Provider to provide ongoing system operation, maintenance, and monitoring and 2) Maintainer to pump the system’s sewage tanks and components. The owner is responsible to provide the name of the Service Provider business prior to the issuance of this Fill in this field with the name of the Service Provider company operating permit. The owner has secured the services of () as the Service Provider for this system (signed Service Provider contract attached). The Service Provider is hereby authorized to provide Fill in this field with the name of the LGU the required monitoring data and routine maintenance service records to both () and to the Fill in this field with the name of the treatment product manufacturer manufacturer of the treatment device, (). [For systems that generate high strength wastewater, the following items should be added to the operating permit: “If there is a change of use within the facility (i.e., change in menu, increase in food capacity, change in water use fixtures, etc.), the permittee is required to notify the local unit of government and the Service Provider before any changes occurs. Changes to the facility that could potentially impact performance of the wastewater treatment and dispersal system shall not take place until appropriate evaluation has been completed.”] I hereby certify with my signature as the Permittee that I understand the provisions of the wastewater treatment and dispersal Fill in this field with the system operating permit including maintenance and monitoring requirements. I agree to indemnify and hold ( name of the LGU ) harmless from all loss, damages, costs and charges that may be incurred by the use of this system. If I fail to comply with the provisions of this operation permit, I understand that penalties may be issued. If I sell this property during the life of the permit, I will inform the new owner(s) of the permit requirements and the need to renew the operating permit. The Operating Permit is hereby granted to: PermitteePermitting Authority (please print): (please print): Title: Date: Title: Date: Signature: Signature: www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-wwists5-15 • 12/30/11Page 2 of 4 Instructions for Completing an Operating Permit The following instructions provide an explanation for local units of government to complete the operating permit template. This is intended to provide guidance to local units of governments (LGU) in developing operating permits for Type IV and Type V systems, including both residential and commercial systems. The template could be modified for holding tanks or any other system. Since the Management Plan is considered part of the operating permit, it needs to be attached to the operating permit. A signed contract, between the owner and Service Provider, should be attached to the operating permit to help ensure the owner has made the necessary arrangements to have the system maintained and monitored. LGU Name, Department and Address – fill in the name, department and address of local unit of government at the top of the operating permit. Wastewater Treatment and Dispersal Operating Permit No . – assign an operating permit number to be able to track the system over the years. Permittee Name, Business Name, Telephone Number, and Address – fill in the name, address and phone number of the owner. If this is a business, fill in name of the business, too. Property Id. Number (GPS Location) – these are simply identifiers used by local units of government in the event the property address changes over time. Name of Local Unit of Government – fill in the name of the local unit of government. This authorizes the Permittee to operate the wastewater treatment system at the address named above, according to the operating permit, attached Management Plan and contract with the Service Provider. Issuance Date – fill in the date the operating permit is issued. The operating permit should not be issued until all required information is submitted. Expiration Date – fill in the date when this operating permit expires. The first time an operating permit is issued to an owner, it should be issued for one (1) year. This helps ensure the owner actually does the required maintenance and monitoring during the first year. If the owner complies, the operating permit can then be issued for a longer period of time as determined by the local unit of government (typically 3 to 5 years). However, if the owner does not comply the first year, the second operating permit could, again, be issued for a period of one (1) year. System Type – fill in as Type IV or Type V system. Holding tanks may also be issued operating permits (Type II system). Treatment Level – specify Treatment Level A, A2, B, B2, C, TN or TP. Treatment Level A = Carbonaceous Biochemical Oxygen Demand, five day (CBOD) 15 milligrams per liter (mg/L), Total Suspended Solids (TSS) 15 mg/L, Fecal Coliform Bacteria 1000 per 5 100 milliliter (mL); Treatment Level A2 = CBOB 15 mg/L, TSS 15 mg/L; Treatment Level B = CBOD 25 mg/L, TSS 30 mg/L, Fecal 5 5 Coliform Bacteria 10,000 per 100 mL; Treatment Level B2 = CBOD 25 mg/L, TSS 30 mg/L; Treatment Level C = CBOD 125 mg/L, 5 5 TSS 60 mg/L, Oil and Grease (O&G) 25 mg/L; Total Nitrogen (TN) = 20 mg/L or less, or Total Phosphorus (TP) = 2 mg/L or less. System Design Flow – fill in the design flow specified on the construction permit for the system, along with the projected average daily flow for the system. Average daily flow is generally 60 to 70 percent of design flow. Residential/Commercial – specify if the system is residential or commercial. You may specify additional information, such as classification of dwelling, number of bedrooms; or type of commercial establishment. System Components – provide a brief description of the system components. An example would be the following: 600 gallon trash tank, 600 gallon Brand X proprietary treatment device, 1 Brand Y Ultra Violet (UV) light disinfection unit, 500-gallon pump tank, pump, floats and controls, and 250-foot shallow trenches using pressure distribution. Monitoring Requirements (Table) The monitoring requirements specified in an operating permit are unique to the site and soil conditions of the property (its environmental sensitivity) and system complexity. The monitoring requirements include specific parameters to be monitored, target limits and the frequency and location of monitoring. The monitored parameters, at a minimum, would include: 1) wastewater flow - the most basic parameter to know in understanding system performance, 2) ponding in the soil treatment system and 3) surfacing of the soil treatment system. Monitoring for CBOD, TSS, fecal coliform bacteria and nitrogen are unique to the site, its receiving 5 environment and complexity of the wastewater system. Field tests for temperature, pH and dissolved oxygen can be performed by the Service Provider to serve as general indicators of system performance. Flow 1.– flow to each system needs to be determined as specified in the Management Plan or as determined by the local unit of government. Flow can be determined several ways, using water meters, event counters, and running time clocks. Telemetry can also be used and has the advantage that flow can be determined continually. The determination for the frequency of flow measurement is done on a case-by-case basis. At first, daily flow monitoring may be needed to determine average flow and peak flows to a system. After a period of time, weekly or monthly flow determination may be acceptable. Flow determinations once a year generally provide limited information. CBOD 2. – monitoring for CBODis not typically required for the majority of wastewater systems used for single-family 5 5 homes generating typical domestic strength effluent. However, monitoring for CBOD may be needed periodically. For 5 example, there may be a need to audit systems as part of the product registration process in Minnesota or if the Service Provider is trying to troubleshoot a system. For commercial systems, monitoring for CBOD is generally necessary to 5 determine CBOD removal efficiencies of proprietary treatment devices and/or organic loading rates to the soil’s infiltrative 5 surface. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-wwists5-15 • 12/30/11Page 3 of 4 TSS 3. – monitoring for TSS is not typically required for most residential wastewater systems that generate typical domestic strength effluent. However, turbidity measurements may be taken in the field by Service Providers. Monitoring for TSS may be needed periodically as part of an audit process for the registration of proprietary treatment products in Minnesota. For commercial systems, monitoring for TSS may be necessary. O&G 4. – monitoring for Oil and Grease (O&G) is not typically required for most residential wastewater systems; however, it is an important parameter to monitor for facilities that have food preparation and service and for residences that generate high strength wastewater. Fecal Coliform Bacteria 5. – monitoring for fecal coliform bacteria should generally be required for systems listed as Treatment Level A and Treatment Level B systems where reduced vertical soil separation is used. TotalNitrogen and Total Phosphorus 6. – monitoring for Total Nitrogen (TN) may be needed in areas identified as nitrogen sensitive environments. Monitoring for Total Phosphorus (TP) may be required in phosphorus sensitive lake environments. Operational Field Tests 7. – these are tests performed by the Service Provider to help ‘monitor’ system performance and identify problems (troubleshooting a system). Although field tests are not a strict monitoring requirement, they are appropriate to list in the operating permit if specified in the Management Plan or in the product’s Operation and Maintenance Manual. The local unit of government will determine if the permittee is required to report field test results as part of the operating permit. Ponding/Surfacing in Soil Treatment 8. – all systems should be monitored periodically as specified in the Management Plan to determine extent and frequency of ponding in soil treatment systems. A check for surfacing is needed. Maintenance Requirements (Table) This table lists some of the basic maintenance requirements for each major component of the wastewater system. Since you can’t possibly list all the maintenance requirements in this table, it is best to reference the Management Plan. You could also reference the proprietary products Operation and Maintenance Manual. System Component 1. – list each system component, including the external grease interceptor, septic tank, trash tank, surge tank, effluent screen, pump tank and controls, proprietary treatment product, disinfection device, and soil treatment and dispersal system. Maintenance 2. – briefly identify the maintenance requirements of each major system component. For additional information, you could also reference the proprietary product documents listed on the MPCA website at http://www.pca.state.mn.us/programs/ists/productregistration.html. . Frequency 3 – briefly identify the frequency of maintenance as per the systems Management Plan and Operation and Maintenance Manual. Monitoring Protocol – this section of the operating permit states that testing needs to be performed in accordance with approved methods and the results submitted to the: 1) local unit of government and 2) manufacturer within a specified time frame. Fill in the name and address of both entities in the spaces provided. Contingency Plan – this briefly describes requirements if the system does not function as intended. The owner must notify the local unit of government within thirty (30) days of receiving non-compliant information. The Management Plan may identify some of the corrective actions required or the permittee will need to consult their Service Provider. The owner is responsible to obtain the services of a MPCA-licensed Service Provider or other qualified practitioner to complete the required corrective measures. More detail could be added here by the local unit of government. Authorization – fill in the length of time of the operating permit; this is typically one to five years. Fill in the name of the local unit of government in the second blank space. Note that this permit is not transferable. Next, fill in the name of treatment product’s manufacture; the manufacturer is required to train practitioners in servicing the registered treatment device(s). Fill in the name of the Service Provider in the next space; the owner is required to identify who the MPCA licensed Service Provider will be (in a contract). This is needed to ensure the owner has made the necessary arrangements to have the system maintained and monitored. The Service Provider is authorized to provide monitoring data and routine maintenance service records directly to the local unit of government and to the manufacturer of the treatment product. For systems generating high strength wastewater, the following should be added to the operating permit: “If there is a change of use within the facility (i.e., change in menu, increase in food capacity, change in water use fixtures, etc.), the permittee is required to notify the local unit of government and the Service Provider before the change(s) occurs.” Changes to the facility that could potentially impact performance of the wastewater treatment and dispersal system shall not take place until appropriate evaluation has been completed. In the final paragraph, fill in the name of the local unit of government. It contains a general indemnification statement. The permittee is reminded that this permit is not transferable and that a new operating permit would be needed by a new property owner. The Operating Permits Hereby Granted to – print the name of the owner who signed the operating permit. Signature of Permittee (and date of signature) – the owner signs and dates the operating permit. By Order of – signature of the permitting authority, title, and date. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-wwists5-15 • 12/30/11Page 4 of 4 Attachment 5 Septic Tank Maintenance Reporting Form Subsurface Sewage Treatment Systems (SSTS) Program Doc Type: Agency Generated Purpose: This form is offered to meet the reporting requirements of Minn. R. 7080.2450, subp. 2 and Minn. R. 7083.0770, subp. 2. The use of this form is not mandatory; however, the information on this form must be submitted to the homeowner within 30 days after the maintenance work is performed, and to the local government unit as required. A copy of this information must be maintained by the Subsurface Septic Tank System (SSTS) business for a period of five (5) years from the maintenance date. General Information For systems installed under ordinances developed before February 4, 2008 (old Minn. R.7080.0130), the maintenance hole covers: 1. Must be covered by a minimum of 12 inches of soil or be adequately secured. 2. Are not required to be brought up to ground surface. Covers can remain deep once the septic tank has been pumped. 3. Are recommended, but not required, to be brought slightly above the ground surface. If brought up to ground surface, the cover must be secured in accordance with the new rule (See Part B). 4. Currently at ground surface are recommended, but not required, to be secured in accordance with the new rule (Part B), or at a minimum, secured to the satisfaction of the SSTS licensee and local government unit if local regulations exist. For systems designed under ordinances adopted after February 4, 2008, the maintenance hole covers: 1. Must be brought to ground surface or slightly above. 2. Must be re-secured in accordance with the new requirements. a) Cover must be locked, bolted or screwed or must be 95 pounds in weight. b) Cover cannot be susceptible to being slid or flipped. c) Cover must have a warning label. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-wwists4-38 • 9/23/10Page 1 of 2 Reporting Information Date of maintenance: Reason for maintenance: Property address: City: State: Zip: Property owner’s name: if different Property-owner’s address : City: State: Zip: Phone: Fax: 1. Access used to remove septage: Maintenance hole Other (Go to #3 below) 2. If maintenance hole was used, were all covers securely replaced? please explain Yes No Explanation: If owner refuses to allow a Subsurface Sewage Treatment System (SSTS) to be pumped through the maintenance hole, 3. have them complete and sign the following statement. I, , refuse to allow the removal of the solids and liquids through the maintenance (Owner’s name) hole. I understand that removal of solids and liquids through other access points is not considered maintenance. Owner’s signature: Date: 4. Is the tank designed as a leaky tank? (Example: seepage pit, cesspool, drywell, leaching pit) Tank #1: Yes No Verification method used? Tank #2: Yes No Verification method used? Is there evidence of tank leakage from a septic, holding, pretreatment or pump tank below the operating depth or 5. evidence of damaged, cracked or structurally unsound maintenance hole covers? Tank Leaking out Leaking in Cover damage Septic/holding Tank #1 Yes No Yes No Yes No Septic/holding Tank #2 Yes No Yes No Yes No Pretreatment Tank Yes No Yes No Yes No Pump Tank Yes No Yes No Yes No 6. How many gallons of septage were removed? Tank #1: Tank #2: Pretreatment Tank: Pump Tank: 7. Is there any sensory (smell and/or sight) evidence of non-domestic wastes? Yes No Please explain: Disposal site: please explain below) Wastewater treatment plant Land application Other ( Explanation: List any troubleshooting, minor repairs conducted, tank safety* concerns or other concerns: 8.Certification: I hereby certify as a State of Minnesota-certified SSTS Maintainer that I personally conducted the work and made the observations, or directly supervised others in the performance of this job. Maintainer’s name and address: Maintainer’s license #: Maintainer’s phone: Maintainer’s signature: Date: www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-wwists4-38 • 9/23/10Page 2 of 2 MEMORANDUM TO: Environmental and Natural ResourcesCommission FROM: Ginny Gaynor, Natural Resources Coordinator James Taylor, Parks and RecreationManager SUBJECT: Update on Maplewood Turf Management Plan and Pesticide Use on Parks and Public Lands DATE: July 8, 2013 for July 15, 2013ENR Commission Meeting On April 26, 2010,City staff presented a Turf Management Plan to the City Council (Attachment 1). The City Council proposed no changes inthe plan and the plan has since served as the City’s guideto managing turf and public lands.During the July 15, 2013,Environmental and Natural Resources Commission meeting, staff will review the Turf Management Planand provide information on pesticide use on parks and public lands. Attachment: 1.Turf Management Plan City of Maplewood Turf Management Plan for Parks and Public Land April 19, 2010 Background Turf grass has many benefits. It: Protects soil from erosion; Provides excellent surface for play or walking; Provides a short ground cover that withstands trampling and compaction; Cools the soil; and Provides aesthetic benefits. Turf maintenance activities can negatively impact the environment. Fertilizer. Adequate nutrients are essential for healthy turf and fertilization is necessary to meet nutrient requirements. However, fertilizer can end up in surface water and ground water, polluting it and degrading water quality and habitat for fish and aquatic organisms. Water. In Minnesota’s climate, high quality turf areas typically require watering. Standard turf can survive drought periods but will go dormant and may be brown in dry summers. In urban areas, an estimated 30%-60% of fresh water is used for watering lawns. Pesticides. Herbicides are often used to control weeds in turf and it is estimated that only 35% of herbicide applied reaches the target plants. On very high quality turf areas, insecticides or fungicides may be used to control insects or diseases. Pesticides can be harmful to humans, to plants, to animals, to air, and to water. Mowing. Mowing requires fossil fuels and creates air pollution. The Environmental Protection Agency recently adopted new regulations on emissions for lawn equipment so pollution from mowers should be reduced in coming years. The City of Maplewood’s overall goal for turf management is to have healthy turf grass where turf is desired, while minimizing the environmental impacts of maintaining turf. In the late 1990’s the City of Maplewood, stopped treating dandelions at its parks. There was a huge outcry from the community. Staff spent many hours addressing complaints about safety of athletic fields, aesthetics, seeds from park dandelions blowing onto private property, and “neglect” of our parks. Major changes in turf management strategy need to be carefully evaluated and ideally tested to determine their efficacy, acceptance by the community, and operational logistics. The city has adopted many beneficial practices to reduce environmental impacts of turf management. The Parks Department has never bagged grass clippings, reducing the amount of fertilizer needed. The department stopped using phosphorous fertilizer 25 years ago, well before the ban on phosphorous in lawn fertilizer. In addition, the standard mowing height for Maplewood parks has been 3-1/2” (except for athletic fields). In 2005, the Public Works Department reduced mowing nearly in half by reducing mowing width on some boulevards and reducing the amount mowed around stomponds. Turf Management Goals for Maplewood 1.In decision-making, consider intended use of turf, environmental impacts, economic impacts, aesthetics, and operations. 1 4/19/10 2.Reduce the number of acres of turf grass at parks and on public lands. 3.Vary level of maintenance based on turf classification. 4.Minimize the environmental impacts of turf maintenance. Goal 1: Balanced Approach The city is committed to a turf management plan that balances several interests: Use/Function: Turf shall be maintained so it serves its intended use, whether that is a sports field, an area for casual play and relaxation, or general groundcover. Environment/Ecology: Turf shall be maintained in a way that minimizes the negative environmental impacts. Aesthetics: Turf shall be maintained in a way that meets the aesthetic acceptance of the community. This may vary for different areas of a park. Education may be necessary to help gain community acceptance of practices such as reduced mowing. Economics: Turf shall be maintained in a way that the city can afford. Operations: Decisions on turf management shall consider operations and logistics. Goal 2: Reduce Acres of Turf One of the biggest impacts we can have long-term is to reduce the amount of turf grass in our parks and public lands. Turf is an important and necessary ground cover so the goal is not to eliminate turf. However, there are many areas in the city where turf could be converted to another groundcover. Alternative groundcovers include: shrub plantings; native woodland, savanna, shoreline, prairie; non- native grasslands; and no-mow fescue mixes (8”-12” high lawn mix). The biggest drawback of conversion to alternative groundcovers is cost. Stopping mowing has been suggested as a strategy to reduce costs and reduce the environmental impacts of lawn care. Two key issues arise with this approach: 1) public acceptance of unmown lawn areas, and 2) weeds coming into unmown areas. Recent research at the University of Minnesota has shown that, in terms of lawn health and acceptable levels of weeds, stopping mowing can be effective in some situations. These tests were done in research plots where public acceptance was not a factor. In Maplewood, when parks staff have stopped mowing areas of maintained turf, they have received many complaints. Stopping mowing seems to have had more community acceptance around some stormponds. Staff recommends that the city establishes a demonstration site for alternative ground covers, including a large area where staff just stops mowing. This site would be used to help evaluate installation and maintenance practices, costs, aesthetics, educational needs, and community acceptance. The demonstration will also help us determine in what situations stopping mowing might be successful. The city shall take a long-term approach to turf reduction. Step 1: Evaluate each park to determine areas with potential for turf reduction. Areas for reduction include: Wetland buffers, 1. 2 4/19/10 Areas difficult to mow (too narrow for large mower, steep slopes, adjacent to structures, 2. wet areas, areas with tree roots at surface), Areas where is it difficult to grow turf (poor soils, deep shade, heavy use that needs hard 3. surface), Areas with high potential for restoration to native plant communities, 4. Other areas not needed for play or aesthetics, 5. Step 2: Prioritize turf reduction areas city-wide. Step 3: Test strategies and maintenance logistics. Step 4: Fund and implement transition of turf to alternate groundcovers. The 2010 Work Plan recommends that staff evaluates each park in 2010 and conducts test projects. Goal 3: Vary Level of Maintenance Based on Turf Classification Maplewood has defined several classifications of turf based on their use. Maintenance levels vary based on classification. For example, a high-quality athletic field needs more maintenance and inputs than a rough boulevard area. The Turf Classification and Maintenance Chart summarizes the goals and management for each classification of turf. The city’s strategy is to restrict the most intensive turf management to areas that really need it and to minimize turf inputs elsewhere. Goal 4: Minimize Environmental Impact The city can minimize inputs and environmental impact by: 1.Using low-impact lawn care strategies that minimize use of water, fertilizer, pesticides. 2.Using less harmful products. Low-impact lawn care. Low-impact lawn care minimizes the use of water, fertilizer, and pesticides. It focuses on creating healthy lawns, which can outcompete or withstand pests. Several low-impact lawn- care strategies are listed below. 1.Mow high. Mowing high (>3”) encourages turf to develop deeper roots, which helps it survive drought. 2.Let lawn go dormant in summer. In Maplewood, only high-quality athletic fields and quality boulevards are irrigated. All other turf just receives rainfall and may go dormant in dry summers. 3.If irrigating: calibrate irrigation system and adjust settings accordingly, install rain sensors, install moisture sensors, and adjust amount and frequency of watering for growth season. 4.Avoid use of elite turf grass varieties (except on high quality athletic fields), which often require more fertilizer, water, and mowing. 5.Build healthy soil. Low-input lawn care focuses on building healthy soil, which means soil with plenty of air pockets, organic matter, soil microbes and other soil organisms. Practices that help build healthy soil in lawns include aeration, light top dressing of compost, avoiding pesticides (which may kill soil microbes), and avoiding compaction. 6.On less intensely used turf areas, reduce fertilizer applications to one time in fall. Nutrients are required for healthy lawn. 3 4/19/10 7.Let clippings fall into lawn. Grass clipping provide nutrients and reduce the amount of fertilizer needed. Maplewood does not collect clippings on any fields or turf areas. 8.Direct grass clippings into lawn, not onto hard surfaces. Lawn clippings on streets and sidewalks eventually make their way into the storm sewers and add nutrients to surface waters, which results in poor water quality and can affect fish and other aquatic organisms. 9.Minimize use of herbicides. Keeping turf healthy and dense will minimize weeds and reduce need for herbicides. Thus, practices for healthy lawn (aerating, fertilizing, overseeding, etc.) will help reduce herbicide use. Tolerance for weeds varies with turf use and aesthetic preferences and is addressed in the Turf Classification chart. When using herbicides, the following practices can help reduce amounts needed: 1) spot application rather than treating whole field, 2) time herbicide for when weed species is most vulnerable, 3) calibrate equipment, and 4) separate herbicide and fertilizer applications. 10.Minimize use of insecticides, fungicides, and other pesticides. Maplewood uses herbicides but rarely uses other pesticides. 11.Follow standard guidelines for safe use of chemicals. This includes applying products according to the label, using appropriate amount of product, sweeping up spills, posting signs on treated sites, using products when weather conditions are appropriate, etc. 12.Keep equipment functioning well. Mowing equipment should be maintained so it functions well. Blades should be kept sharp—this reduces stress to grass and reduces fuel use. Product Selection. A part of low-impact lawn care is trying to reduce the environmental impacts of products being used. There is great interest in organic fertilizers and pesticides—products made from natural materials (plants, animals, other organisms, minerals), not from synthesized or petroleum-based materials. Some organic fertilizers have an advantage over other fertilizers because in addition to providing nutrients they help improve soil structure. The main downside of using organic fertilizers is they may cost more and they typically have more bulk. Organic pesticides, however, vary greatly in their efficacy, toxicity, and safety and each must be considered independently. Evaluation of products shall consider: 1.Efficacy 2.Cost 3.Toxicity to humans 4.Toxicity to environment 5.Operations/logistics Making major changes in practices and products requires careful thought and evaluation. 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