HomeMy WebLinkAboutNo 934 Subsurface Sewage Treatment Systems
ORDINANCE 934
AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING
SUBSURFACE SEWAGE TREATMENT SYSTEMS
The Maplewood City Council approves the following addition to the Maplewood Code of
Ordinances. This ordinance replaces Chapter 40, Article II, Division 5 (Individual
Sanitary Sewer Systems) in its entirety.
TABLE OF CONTENTS
1.Sec. 40-161. -INTRODUCTION.............................................................................2
2.Sec. 40-162. -TITLE, PURPOSE AND INTENT.....................................................2
3.Sec. 40-163. -AUTHORITY....................................................................................3
4.Sec. 40-164. -EFFECTIVE DATE..........................................................................3
5.Sec.40-165. -40.195 -RESERVED.......................................................................3
6.Sec. 40-196. -DEFINITIONS..................................................................................3
7.Sec. 40-197. -SCOPE............................................................................................6
8.Sec. 40-198.-JURISDICTION...............................................................................7
9.Sec. 40-199. -ADMINSTRATION...........................................................................7
10.Sec. 40-200. -LIABILITY........................................................................................7
11.Sec. 40-201. -MEASUREMENT OF DISTANCES..................................................7
12.Sec. 40-202. -INTERPRETATION OF CERTAIN ITEMS.......................................7
13.Sec. 40-203. -40-232-RESERVED.......................................................................7
14.Sec. 40-233. -RETROACTIVITY............................................................................7
15.Sec. 40-234. -UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT.....8
16.Sec. 40-235. -SSTS IN FLOODPLAINS.................................................................8
17.Sec. 40-236. -CLASS V INJECTION WELLS.........................................................8
18.Sec. 40-237. -SSTS PRACTITIONER LICENSING................................................9
19.Sec. 40-238. -PROHIBITIONS...............................................................................9
20.Sec. 40-239. -40-269-RESERVED.......................................................................9
21.Sec. 40-270. -STANDARDS ADOPTED BY REFERENCE....................................9
22.Sec. 40-271. -AMENDMENTS TO THE ADOPTED STANDARDS........................9
23.Sec. 40-272. -VARIANCE REQUESTS................................................................11
24.Sec. 40-273. -PERMIT REQUIRED.....................................................................11
25.Sec. 40-274. -CONSTRUCTION PERMIT...........................................................11
26.Sec. 40-275. -OPERATING PERMIT...................................................................13
27.Sec. 40-276. -ABANDONMENT CERTIFICATION...............................................16
28.Sec. 40-277. -MANAGEMENT PLANS................................................................17
29.Sec. 40-278. -40-309-RESERVED.....................................................................18
30.Sec. 40-310. -COMPLIANCE INSPECTION PROGRAM.....................................18
31.Sec. 40-311. -40-341-RESERVED.....................................................................22
32.Sec. 40-342. -VIOLATIONS.................................................................................22
33.Sec. 40-343. -PROSECUTION............................................................................23
34.Sec. 40-344. -STATE NOTIFICATION OF VIOLATION.......................................23
35.Sec. 40-345. -COSTS AND REIMBURSEMENTS...............................................23
36.Sec. 40-346. -RECORD KEEPING......................................................................23
37.Sec. 40-347. -ANNUAL REPORT........................................................................23
38.Sec. 40-348. -FEES.............................................................................................23
39.Sec. 40-349. -INTERPRETATION.......................................................................24
40.Sec. 40-350. -SEVERABILITY.............................................................................24
41.Sec.40-351. -ABROGATION AND GREATER RESTRICTIONS.........................24
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Sec. 40-161. -INTRODUCTION
This is an Ordinance authorizing and providing for sewage treatment and soil dispersal in unsewered
areas of the City. It establishes:
1.Minimum standards for and regulation of Individual Sewage Treatment Systems (ISTS) and
mid-sized Subsurface Sewage Treatment Systems (MSTS) (collectively referred to as SSTS) in
unsewered areas of the City of Maplewood incorporating by reference minimum standards
established by Minnesota statutes and administrative rules of the Minnesota Pollution Control
Agency (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 managementplan,
4.Standards for upgrade, repair, replacement, or abandonment of SSTS,
5.Penalties for failure to comply with these provisions,
6.Provisions for enforcement of these requirements, and
7.Standards which promote the health, safety and welfare of the public as reflected in Minnesota
Statutes, Sections 115.55, 145A.05, the City Comprehensive Plan and the City Zoning
Ordinance.
Sec. 40-162. -TITLE, PURPOSE AND INTENT
(a)Title
The City ordains Division 5 of the City Code the “City of Maplewood Subsurface Sewage
Treatment System (SSTS) Ordinance.”
(b)Purpose
The purpose of this Ordinance is to establish minimum requirements for regulation of ISTS and
MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the City to
protect public health and safety, groundwater quality, and prevent or eliminate the development
of public nuisances. It is intended to serve the best interests of the City’s citizens by protecting
its health, safety, general welfare, and natural resources.
(c)Intent
It is intended by the City that this Ordinance will promote the following:
(1)The protection of lakes, rivers and streams, wetlands, and groundwater in the City of
Maplewood essential to the promotion of public health, safety, welfare,
socioeconomic growth and development of the City.
(2)The regulation of proper SSTS construction, reconstruction, repair and maintenance
to prevent the entry and migration of contaminants, thereby protecting against the
degradation of surfacewater and groundwater quality.
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(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 orcontrol water-borne diseases,
lake degradation, groundwater related hazards, and public nuisance conditions.
Sec. 40-163. -AUTHORITY
This Ordinance is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota Statutes,
Section 145A.05; or successor statutes, and Minnesota Rules, Chapter 7080, Chapter 7081, Chapter
7082, or successor rules.
Sec. 40-164. -EFFECTIVE DATE
The provisions set forth in this Ordinance shall become effective on September 23, 2013.
Sec. 40.165. -40.195.-RESERVED
Sec. 40-196. -DEFINITIONS
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.
Design Flow: The daily volume of wastewater for which a SSTS is designed to treat and discharge.
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Flood Plain: The channel or beds proper and the areas adjoining a wetland, watercourse or lake
which a regionalfloodmay have or could hereafter cover. Floodplain areas within the City shall include
all areas shown as zone A or zone AE on thefloodinsurance 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 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 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, 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 INDUSTRY CATEGORY
CODE(S)
753-7549Automotive Repairs and Services
7231,7241Beauty Shops, Barber Shops
7211-7219Laundry Cleaning and Garment Services
4011-4581Transportation (Maintenance only)
8062-8069Hospitals
2000-3999Manufacturing
2000-2099Food Products
2100-2199Tobacco Products
2400-2499Lumber and Wood Products, except Furniture
2500-2599Furniture and Fixtures
2600-2699Paper and Allied Products
2700-2799Printing, Publishing, and Allied Industries
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2800-2899Chemicals and Allied Products
2900-2999Petroleum Refining and Related Industries
3000-3099Rubber and Miscellaneous Plastics
3100-3199Leather Tanning and Finishing
3000-3099Rubber and Miscellaneous Plastics
3100-3199Leather Tanning and Finishing
3200-3299Stone, Clay, Glass, and Concrete Products
3300-3399Primary Metal Industries
3400-3499Fabricated Metal Products (except Machinery, and
Transportation Equipment
3500-3599Industrial and Commercial Machinery and Computer
Equipment
3700-3799Transportation Equipment
3800-3899Measuring, Analyzing, and Controlling Instruments;
Photographic, Medical and Optical Goods; Watches and
Clocks
3900-3999Miscellaneous 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 systemperformance 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 a 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
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evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual’s
employment duties and is registered on the SSTS professional register verifying specialty area
endorsements applicable to the work being conducted.
Record Drawings: A set of drawings which to the fullest extent possible document the final in-place
location, size, and type of all SSTS components including the results of any materials testing performed
and a description of conditions during construction of the system.
Sewage:Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains
associated with these sources, including household cleaners and other constituents in amounts
normally used for domestic purposes.
SSTS: Subsurface sewage treatment system Including an ISTS or MSTS.
State: The State of Minnesota.
Treatment Level:Treatment system performance levels defined in Minnesota Rules, Chapter
7083.4030, Table III for testing of proprietary treatment products, which include the following:
Level A: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms < 1,000/100 mL.
Level A-2: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms N/A
Level B: cBOD<25 mg/L; TSS <30 mg/L; fecal coliforms <10,000/100 mL.
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Level B-2: cBOD<25 mg/L; TSS <30 mg/L; fecal coliforms N/A
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Level C: cBOD<125 mg/L; TSS <80 mg/L; fecal coliforms N/A.
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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 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
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
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available in accordance with the City Sanitary Sewer Ordinance. The City Engineer, or his or her
designee, shall determine if municipal sanitary sewer is available.
Sec. 40-198. -JURISDICTION
The jurisdiction of this Ordinance shall include all property within the City limits.
Sec. 40-199. -ADMINSTRATION
(a)CITY ADMINISTRATION
The Department shall administer the SSTS program and all provisions of this Ordinance. At
appropriate times, the City shall review or revise or update this Ordinance as necessary. The City
shall employ or retain under contract qualified and appropriatelylicensed 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 the MPCA. For any SSTS that has a measured
daily flow for a consecutive seven-day period which equals or exceeds 10,000 gallons per day, a
State Disposal System permit is required. SSTS serving establishments or facilities licensed or
otherwise regulated by the State shall conform to the requirements of this Ordinance.
Sec. 40-200. -LIABILITY
Any liability or responsibility shall not be imposed upon the City or any of its officials, employees, or
other contract agent, its employees, agents or servants thereof for damage resulting from the defective
construction, operation, or abandonment of any SSTS regulated under this rule by reason of standards,
requirements, or inspections authorized hereunder.
Sec. 40-201. -MEASUREMENT OF DISTANCES
Unless otherwise specified in this division, all distances shall be measured horizontally.
Sec. 40-201. -INTERPRETATION OF CERTAIN ITEMS
For the purposes of this division, certain terms or wordsused shall be interpreted as follows: The
words “shall” and “must” are mandatory; the words “should” and “may” are permissive.
Sec. 40-203. -40-232-RESERVED
Sec. 40-197. -RETROACTIVITY
(a)All SSTS
Except as explicitly set forth in Section 40-233(b), all provisions ofthis 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.
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(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 Chapter
7081.0270, Subp. 3 through 7. If an additional soil treatment and dispersal area is available on lots
created on or before January 23, 1996, it shall be identified in the site evaluation.
(d)Existing SSTS without Permits
Existing SSTS with no permits of record shall require a permit and be brought into compliance with
the requirements of this Ordinance regardless of the date they were originally constructed.
Sec. 40-234. -UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT
(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 shallupgrade, repair, or replace the existing system
prior to issuance of the permit for the bedroom addition.
(c)Failure to Protect Groundwater
A 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 three (3) months of receipt of a Notice of
Noncompliance. If the Department determines that extenuating circumstances exist, this timeframe
may be extended to eighteen (18) months from receipt of a Notice of Noncompliance.
(d)Imminent Threat to Public Health or Safety
A 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 Ordinancewithin three (3)
months of receipt of a Notice of Noncompliance. If the Department determines that extenuating
circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of
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.
Sec. 40-235. -SSTS IN FLOODPLAINS
SSTS shall not be located in a floodplain.
Sec. 40-236. -CLASS V INJECTION WELLS
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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), Title 40, Part 144, are required by the Federal Government to
submit SSTS inventory information to the Environmental Protection Agency as described in CFR40,
Part 144. Further, owners are required to identify all Class V injection wells in property transfer
disclosures.
Sec. 40-237. -SSTS PRACTITIONER LICENSING
No person shall engage in site evaluation, inspection, design, installation, construction, alteration,
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
(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.
(b)Sewage Discharge to Ground Surface or Surface Water
It is unlawful for any person to construct, maintain, or use any SSTS system regulated under this
Ordinance that results in raw or partially treated wastewater seeping to the ground surface or
flowing into any surface water. Any surface discharging system must be permitted under the
National Pollutant Discharge Elimination System program by the MPCA.
(c)Sewage Discharge to a Well or Boring
It is unlawful for any person to discharge raw or treated wastewater into any well or boring as
described in Minnesota Rules, Chapter 4725.2050, or any other excavation in the ground that is not
in compliance with this Ordinance.
(d)Discharge of Hazardous or Deleterious Materials
It is unlawful for any person to discharge into any treatment system regulated under this Ordinance
any Industrial Waste, or hazardous or deleterious material that adversely affects the treatment or
dispersal performance of the system or groundwater quality.
Sec. 40-239. -40-269-RESERVED
Sec. 40-270. -STANDARDS ADOPTED BY REFERENCE
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
(a)Determination of Hydraulic Loading Rate and SSTS Sizing
Table IX from Minnesota Rules, Chapter 7080.2150, Subp. 3(E) entitled “Loading Rates for
Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level
C and Absorption Ratios for Determining Mound Absorption Areas Using Detail SoilDescriptions”
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and herein adopted by reference shall be used to determine the hydraulic loading rate and
infiltration area for all SSTS permitted under this Ordinance.
(b)Compliance Criteria for Existing SSTS
SSTS built after March 31, 1996 or existing SSTS located in a Shoreland area, existing wellhead
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 Ordinance. 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
Ordinance. 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
hazardous waste.
(d)Setbacks
The following setback requirements are in addition to the setbacks required in Table VII in
Minnesota Rules Chapter 7080.2150.F:
Table VII: Minimum setback distances (feet)
FeatureSewage tank, holding Absorption area or
tank, or sealed privyunsealed privy
Above-ground swimming 1010
pools
In-ground swimming pools1020
Shoreland Blufflines (18% 2020
slope)
The following setback requirements are in addition to the setbacks required in Table II Minnesota
Rules Chapter 7081.0270 Subpart 2:
Table II: Minimum setback distances (feet)
FeatureSewage tank, holding Absorption area or
tank, or sealed privyunsealed privy
10
Above-ground swimming 1010
pools
In-ground swimming pools1020
Shoreland Blufflines(18% 2020
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 ShorelandOrdinance. 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 theMPCA as an Advanced
Designer.
Sec. 40-272. -VARIANCE REQUESTS
A property owner may request a variance from the standards as specified in this Ordinance pursuant to
the requirements provided in Minnesota State Statutes. 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
It is unlawful for any person to construct, install, modify, replace, or operate a SSTS without the
appropriate permit from the Department. The issuing of any permit, variance, or conditional use under
the provisions of this Ordinance shall not absolve the applicant of responsibility to obtain any other
required permit.
Sec. 40-274. -CONSTRUCTION PERMIT
A construction permit shall be obtained by the property owner or an agent of the property owner from
the Department prior to the installation, construction, replacement, modification, alteration, repair, or
capacity expansion of a SSTS. The purpose of this permit is to ensure that the proposed construction
activity is sited, designed, and constructed in accordance with the provisions of this Ordinance by
appropriately certified and/or licensed practitioner(s).
(a)Activities Requiring a Construction Permit
A construction permit is required for installation of a new SSTS, for replacement of an existing
SSTS, or for any repair or replacement of components that will alter the original function of the
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system, change the treatment capacity of the system, change the location of the system, or
otherwise change the original system’s design, layout, or function.
(b)Activities Not Requiring a Permit
A construction permit is not required for minor repairs or replacements of system components that
do not alter the original function of the system, change the treatment capacity of the system,
change the location of the system, or otherwise change the original system’s design, layout, or
function.
(c)Construction Permit Required to Obtain Building Permit
For any property on which a SSTS permit is required, approval and issuance of a valid SSTS
Construction Permit must be obtained before a building or land use permit may be issued by the
Department.
(d)Conformance to Prevailing Requirements
Any activity involving an existing system that requires a Construction Permit shall require that the
entire system be brought into compliance with this Ordinance.
(e)Permit Application Requirements
Construction Permit applications shall be made on forms provided by the Department and signed by
the applicant and an appropriately certified practitioner including the practitioner’s certification
number and date of expiration. The applications shall include the documents listed in items 1
through 8 below.
(1)The correct address and legal description of the property where the proposed work is to take
place.
(2)The name and contact information (mailing address, 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 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 Ordinance, the Department shall issue
a written permit authorizing construction of the SSTS as designed. In the event the applicant
makes a significant change to the approved application, the applicant must contact the Department
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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. If the permit application is incomplete or does not meet the requirements of this Ordinance
the Department shall deny the application. A notice of denial shall be provided to the applicant,
which must state the reason for the denial.
(g)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.
(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.
(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.
(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.
(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
(a)SSTS Requiring an Operating Permit
An Operating Permit shall be required of all owners of new holding tanks, Type IV Systems, Type V
Systems, MSTS, or any other system deemed by the Department to require operational oversight.
Sewage shall not be discharged to these systems until the Department certifies that the system was
installed in substantial conformance with the approved plans, receives the final record drawings of
the system, and a valid Operating Permit is issued to the owner.
(b)Permit Application Requirements
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(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 Ordinance shall require an operating
permit upon transfer of ownership, replacement, any modification or expansion that requires
a permit, or following any SSTS enforcement action.
(c)Department Response
The Department shall review the record drawings, operation and maintenance manual,
management plan, maintenance and servicing contract, and any other pertinent documents as
appropriate for accuracy and completeness. If any deficiencies are identified, the operating permit
shall be denied until the deficiencies are corrected to the satisfaction of the Department.
(d)Operating Permit Terms and Conditions
The Operating Permit shall include the following:
(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
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(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 oroperated 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)Application shall be made on a form provided by the Department including:
a.Applicant name, mailing address, telephone number, and e-mail address.
b.Reference number of previous owner’s operating permit.
c.Any and all outstanding Compliance Monitoring Reports as required by the Operating
Permit.
d.Certified treatment system inspection signed and/or sealed by a certified designer,
maintenance contractor, or operatorat the discretion of the City.
e.Any revisions made to the operation and maintenance manual.
f.Payment of application review fee as determined by the City.
(f)Amendments to Existing Permits not Allowed
The City may not amend an existing permit to reflect changes in this Ordinance until the permit term
has expired and is renewed, unless an amendment is necessary to eliminate an imminent threat to
public health or safety.
(g)Transfers
The Operating Permit may not be transferred. A new owner shall apply for an Operating Permit in
accordance with Section 40-275 of this Ordinance. The Department shall not terminate the current
permit until 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 renewed upon
the owner taking appropriate corrective actions.
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(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 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 laboratoryused, 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
(a)Purpose
The purpose of the System Abandonment Certification is to ensure that a treatment system no
longer in service is abandoned within a reasonable time following decommissioning and in a
manner that protects public health, safety and water quality. It also terminates all permits
associated with the system.
(b)Abandonment Requirements
(1)Whenever the use of a SSTS or any system component is discontinued as the result of a
system repair, modification, replacement or decommissioning following connection to a
municipal or private sanitary sewer, or condemnation or demolition of a building served by
the system, further use of the system or any system component for any purpose under this
Ordinance shall be prohibited.
(2)Continued use of a treatment tank where the tank is to become an integral part of a
replacement system or a sanitary sewer system requires the prior written approval of the
Department.
(3)An owner of a 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 toabandon a system is necessary.
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(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.
b.Property address
c.System construction permit and operating permit
d.The reason(s) for abandonment
e.A brief description of the abandonment methods used, description of the system
components removed or abandoned in place, and disposition of any materials or
residuals.
(c)Abandonment Certificate
Upon receipt of an abandonment report and its determination that the SSTS has been abandoned
according to the requirements of this Ordinance, the Department shall issue an abandonment
certificate. If the abandonment is not completed according the requirements of this Ordinance the
City shall notify the owner of the SSTS of the deficiencies, which shall be corrected within thirty (30)
calendar days of the notice.
Sec. 40-277. -MANAGEMENT PLANS
(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
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 propertyserving the owner’s residence;
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(6)A description ofthe 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 proceduresin 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
(a)Department Responsibility
It is the responsibility of the Department, or its agent, to perform various SSTS compliance
inspections periodically to assure that the requirements of this Ordinance are met.
(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 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.
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(4)No person shall hinder or otherwise interfere with the Department’s employees in the
performance of their duties and responsibilities pursuant to this Ordinance. Refusal to
allow reasonable access to the property by the Department shall be deemed a separate
and distinct offense.
(b)New Construction or Replacement
(1)Compliance inspections must be performed on new or replacement SSTS to determine
compliance with MinnesotaRules, 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 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 Department indicating the deficiency
and the required corrections.
(6)Noted deficiencies shall be properly corrected and reinspected before any other work on
the project is continued.
(7)SSTS found not to be in compliance with Minnesota Rules, Chapter 7080.1500, Subp. 4A
or Chapter 7081.0080, 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 for new SSTS construction or replacement shall be issued by
the Department if the Department has reasonable assurance that the system was built in
accordance with the applicable requirements as specified in the construction permit.
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(13)The Certificate of Compliance must include a certified statement by the certified inspector
or qualified employee who conducted the inspection that the SSTS is or is not in
compliance with the Ordinance requirements. If the SSTS is determined not to be in
compliance with the applicable requirements, a Notice of Noncompliance must be issued
to the owner which includes a statement specifying those Ordinance provisions with which
the SSTS does not comply.
(14)The Certificate of Compliance or Notice of Noncompliance must be submitted to the
Department no later than fifteen (15) calendar days after the date the inspection was
performed. The Department shall deliver the Certificate of Compliance or Notice of
Noncompliance to the owner or the owner’s agent within fifteen (15) calendar days of
receipt from the certified inspector. No SSTS shall be placed into operation until a valid
certificatedof compliance has been issued.
(15)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 isan expansion of use of the building being served by an existing
SSTS which may impactthe performance of the system;
c.Any time there is a change in use of the property being served by an existing SSTS
which may impact the performance of the system;
d.At any time as required by this Ordinance or the Department deems appropriate such
as upon receipt of a complaint or other notice of a system malfunction.
(2)Compliance inspections of existing SSTS shall be reported on the inspection report forms
provided by MPCA. The following conditions must be assessed or verified:
a.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 must include a certified statement by a Qualified Employee
or licensed inspection business, indicating whether the SSTS is in compliance with the
Ordinance requirements. If the SSTS is determined not to be in compliance with the
applicable requirements, a Notice of Noncompliance must include a statement specifying
those Ordinance provisions with which the SSTS does not comply. A construction permit
application must be submitted to the Departmentif the required corrective action is not a
minor repair.
(4)The Certificate of Compliance or Notice of Noncompliance must be submitted to the
Department no later than fifteen (15) calendar days after the date the inspection was
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performed. The Departmentshall deliver the Certificate of Compliance or Notice 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 for existing SSTS shall remain valid for three (3) years from the
date of issue unless the Department finds evidence of noncompliance.
(d)Periodically Saturated Soil Disagreements
Disputes involving documented discrepancies on the depth of the periodically saturated soil for
SSTS design orcompliance purposes shall be resolved according to Minnesota Rules, Chapter
7082.0700, subp. 5.
(e)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 or Failing to Protect
Groundwater.
b.The compliance inspection must have been performed by a qualified employee of the
Department or a licensed inspection business following proceduresdescribed 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 formacceptable 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 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. The escrow may also be used to connect to a municipal
sanitary sewer collection system permitted by the MPCA if the Department determines
that an extension of the municipal sanitary sewer collection system to serve the
property is feasible.
(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.
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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 aforeclosure 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 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, Certificatesof 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 ornon-compliance with the provisions of these
standards and regulations.
Sec. 40-311. -40-341.-RESERVED
Sec. 40-342. -VIOLATIONS
(a)Cause to Issue a Notice of Violation
Any person, firm, agent, or corporation who violates any of the provisions of this Ordinance, or who
fails, neglects, or refuses to comply with the provisions of this Ordinance, including violations of
conditions and safeguards, or who knowingly makes any material false statement or knowing
omission in any document required to be submitted under the provisions hereof, shall be guilty of a
misdemeanor and upon conviction thereof, shall be punishable as defined by Minnesota State
Statutes. Each day that a violation exists shall constitute a separate offense.
(b)Notice of Violation
The Department shall serve, in person or by mail, a notice of violation to any person determined to
be violating provisions of this Ordinance. The notice of violation shall contain:
(1)A statement documenting the findings of fact determined through observations,
inspections, or investigations;
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(2)A list of specificviolation(s) of this Ordinance
(3)Specific requirements for correction or removalof the specified violation(s);
(4)A mandatory time schedule for correction, removal and compliance with this Ordinance.
(c)Cease and Desist Orders
Cease and desist orders may be issued when the Department has probable cause that an activity
regulated by this or any other City Ordinance is being or has been conducted without a permit or in
violation of a permit. When work has been stopped by a cease and desist order, the work shall not
resume until the reason for the work stoppage has been completely satisfied, any administrative
fees paid, and the cease and desist order lifted.
Sec. 40-343. -PROSECUTION
In the event of a violation or threatened violation of this Ordinance, the City may, in addition to other
remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct or abate
such violations or threatened violations and the City Attorney shall have authority to commence such
civil action. The Department and City Attorney may take such actions as may be necessary to enforce
the provisions of this Ordinance.
Sec. 40-344. -STATE NOTIFICATION OF VIOLATION
In accordance with state law, the Department shall notifythe MPCA of any inspection, installation,
design, construction, alteration or repair of a SSTS by a licensed/certified person or any septage
removal by a licensed pumper that is performed in violation of the provisions of this Ordinance. If there
is known contamination of groundwater, the City also may notify the MDHfor a possible well advisory.
Sec. 40-345. -COSTS AND REIMBURSEMENTS
If the Department is required to remove or abate an imminent threat to public health or safety, the
Department may recover all costs incurred in removal or abatement in a civil action, including legal
fees; at the discretion of the City Council, the cost of an enforcement action under this Ordinance may
be assessed against the real property on which the public health nuisance was located.
Sec. 40-346. -RECORD KEEPING
The City shall maintain a current record of all permitted systems. The record shall contain all permit
applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of
noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings,
management plans, maintenance reports, an annual list of all sewage tanks installed in the City sorted
by licensed installation businesses, and other records relevant to each system.
Sec. 40-347. -ANNUAL REPORT
The Department shall provide an annual report of SSTS permitting activities to MPCA no later than
February 1 for the previous calendar year.
Sec. 40-348. -FEES
From time to time, the City Council shall establish fees for activities undertaken by the Department
pursuant to this Ordinance. Fees shall be due and payable at a time and in a manner to be determined
by the Department.
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Sec. 40-349. -INTERPRETATION
In their interpretation and application, theprovisions 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
If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a
court of law, the remainder of this Ordinance shall not be affected and shall remain in full force.
Sec. 40-351. -ABROGATION AND GREATER RESTRICTIONS
It is not intended by this Ordinance to repeal, abrogate, or impair any other existing City Ordinance,
easements, covenants, or deed restrictions. However, where this Ordinance imposes greater
restrictions, the provisions of this Ordinance shall prevail. All other Ordinances inconsistent with this
Ordinance are hereby repealed to the extent of the inconsistency only.
Sec. 40-352 -370-RESERVED
The city council approved this ordinance on September 23, 2013.
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