07-28-2025 - Agenda Packet City Council - regular meeting

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0 c� N PUBLIC PROTECTION into compliance prior to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agree- ment to assure the installation of a complying ISTS. (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 ISTS. (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 ISTS has been installed and a certificate of compliance issued, the city shall provide the escrow agent a copy of the certificate of compliance. (Code 2003, § 58-71; Ord. No. 212(3rd series), § 1, 8-13-2018; Ord. No. 292(3rd series), § 3, 2-26-2024; Ord. No. 298(3rd series), § 4(58-71), 3-11-2024) Sec. 5.24.620. Siting of an SSTS. Notwithstanding any state or federal require- ments, the separation distance from an SSTS to a Type 3, 4, 5 or 6 wetland shall be no less than 50 feet. (1) SSTS in floodplains. No permit shall be issued for an SSTS located in a floodway and, wherever possible, location within any part of a floodplain should be avoided. If no option exists to locate an SSTS outside of a floodplain, location within the flood fringe is allowed if the require- ments of Minn. R. 7080.2270 and all relevant local requirements are met. (2) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined § 5.24.630 in 40 CFR 144, are required to submit SSTS inventory information to the United States Environmental Protection Agency and the MPCA. Owners are also required to identify all Class V injection wells in property transfer disclosures. (3) Holding tanks. Holding tanks may be used for the following applications only after it can be shown conclusively by the property owner that an SSTS permitted under this article cannot be feasibly installed: a. As a replacement for an existing failing SSTS; b. For an SSTS that poses an imminent threat to public health and safety; or C. For use with buildings with limited water use. (4) Determination of hydraulic loading rate and SSTS sizing. Table IX from Minn. R. 7080.2150, subp. 3(E), titled "Loading Rates for Determining Bottom Absorp- tion Area and Absorption Ratios Using Detailed Soil Descriptions" and Table IXa from Minn. R. 7080.2150, subp. 3(E), titled "Loading Rates for Determining Bottom Absorption Area Using Percola- tion Tests," are herein adopted by refer- ence and shall both be used to size SSTS infiltration areas using the larger sizing factor of the two for SSTS design. (Code 2003, § 58-72; Ord. No. 212(3rd series), § 1, 8-13-2018; Ord. No. 298(3rd series), § 4(58- 72), 3-11-2024) Sec. 5.24.630. Maintenance report. (a) Generally. Licensed maintenance busi- nesses must abide by the requirements described in Minn. R. 7083.0770, subp. 2. All written reports required by Minn. R. 7083.0770, subp. 2 must be provided to the homeowner and the health authority within 30 days after any maintenance work is performed. (b) Systems not operated under a manage- ment plan. Owners of SSTS that are not oper- ated under a management plan or operating CD5:41