11-07-16 Email RE: Septic Compliance

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Monica Fadness From: Roger Peitso Sent: Monday, November 07, 2016 4:06 PM To: Rick Kindseth; Monica Fadness Cc: Judy Kindseth; Jeremy Barnhart; Christine Mattson Subject: RE: 4380 6th Ave N, Orono, MN 55356 PID: 31-118-23-12-0018 Rick, I have talked to many people about the property and the most information I can give you is that the existing septic system is non-compliant and is required to be brought up to code at the point of sale.This is required by City of Orono Code Sec. 58-77 (see below) Sec. 58-77. - Property transaction standards for individual sewage treatment systems. (a) No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure which is required to have an individual sewage treatment system is located, shall sell or transfer to another party said tract of land, unless the following requirements are met: (1) The seller of any property having an individual sewage treatment system shall have a state licensed inspector or designer I complete the Minnesota Pollution Control Agency(MPCA) sewage system compliance inspection form for existing sewage systems in accordance with this article and Minnesota Rules chapter 7080. The exception would be a new septic system installed within the previous five years or a compliance inspection performed by a licensed inspector or designer I within the previous three years. (2) The seller must provide a copy of the completed sewage system disclosure form and the certificate of compliance or notice of non-compliance to any person who signs a purchase agreement. The disclosure form and certificate of compliance or notice of non-compliance inspection form must be provided to the buyer prior to signing the purchase agreement. (3) The licensed inspector or designer I must submit a copy of the certificate of compliance or notice of non- compliance to the city within 30 days of the date of inspection. (4) If the existing system is found to be out of compliance it must be brought into compliance prior to transfer of the property. If the system is not brought into compliance prior to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISIS. (5) 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 complying ISIS. (6) The security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law or a federal or state chartered financial institution. The amount escrowed shall be equal to 150 percent of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount shall be equal to 110 percent of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISIS has been installed and a certificate of compliance issued, the City of Orono shall provide the escrow agent a copy of the certificate of compliance. (Ord. No. 38 3rd series, § 3, 9-24-2007) As far as what can or cannot be installed on the this property is to be determined by a certified septic designer. I have not seen any proposed designs to date so I do not know what are all of the difficulties to be encountered on this site. First we want a ';standard"type system, a "Type I" system as described in Chapter 7080 of the Minnesota Septic Rule. Due to existing soils conditions or lack of large enough areas on this property that meet the criteria for a Type I system, we allow Type II or Type Ill systems instead. There is a lot of technical jargon involved but the bottom line is Type II and Type Ill systems are excepted for use as septic systems but they don't meet the criteria of a Type I.They usually cost more than a Type I system because there is extra materials being used in the construction of the system to make up for what is lacking in the soils of the septic 1