HomeMy WebLinkAboutOrd #038-3rd Ser/Amending code re: on-site sewage systems SUMMARY OF ORDINANCE NO. 38 ,THIRD SERIES
ORDINANCE NO. 38 ,THIRD SERIES
AN ORDINANCE AMENDING
CHAPTER 58 OF THE ORONO MUNICIPAL CODE
BY AMENDING SECTIONS 58-41 THROUGH 58-52
AND 58-71 THROUGH 58-76 AND ADDING SECTION 58-77
REGARDING ON-SITE SEWAGE TREATMENT AND DISPOSAL
The following is the official summary of Ordinance No. 38 , Third Series approved by the City
Council of the City of Orono on 5eptember 24, 2007.
The Ordinance adds, deletes or revises certain definitions within Section 58-41. The Ordinance
revises provisions relating to required connections to municipal sanitary sewer in Section 58-45.
The Ordinance revises the standards for issuance of Individual Sewage Treatment System (ISTS)
permits in Section 58-46. The Ordinance establishes new standards and triggers for requiring
replacement of ISTS related to building permit applications in Section 58-47. The Ordinance
revises provisions for ISTS design related to subdivision applications in Section 58-49. The
Ordinance revises certain design and construction requirements that are more restrictive than
those of Minnesota Rules Chapter 7080 in Section 58-50. The Ordinance revises the standards
for ISTS use, operation and maintenance in Section 58-51. The Ordinance revises the special
provisions for use of ISTS on Lake Minnetonka islands in Section 58-52.
The Ordinance revises provisions for administration and enforcement of the Ordinance in
Sections 58-71 & 58-72. The Ordinance makes certain changes to the City's ISTS inspection
program in Section 58-74. The Ordinance revises the provisions for upgrade or replacement of
noncompliant ISTS and clarifies that the deadlines for upgrade or replacement of previously
identified Shoreland and Non-Shoreland noncompliant ISTS issued repair orders due solely to
the lack of 3' separation from saturated soils shall not extend past December 31, 2007 and
December 31, 2010 respectively, in Section 58-75.
The Ordinance adds Section 58-77 which requires that noncompliant ISTS be made compliant at
the time of sale of a property.
This summary Ordinance is an abbreviated summary of Ordinance No. 38 , Third Series. A
printed copy of Ordinance No. 38, Third Series in its entirety is available for inspection by any
person at the office of the City Clerk during regular office hours. This ordinance becomes
effective immediately upon publication.
Adopted by the City Council of the City of Orono, Minnesota on this 24th day of
September, 2007 by a vote of 5 ayes and 0 nays.
ATTEST:
�i� �/i��-- {'1�1• �h�/�
Linda S. Vee, City Clerk J es M. White,Mayor
Published in the Sun Sailor newspaper the week of October 11, 2007.
ORDINANCE NO. 38 ,THIRD SERIES
AN ORDINANCE AMENDING
CHAPTER 58 OF THE ORONO MUNICIPAL CODE
BY AMENDING SECTIONS 58-41 THROUGH 58-52
AND 58-71 THROUGH 58-76 AND ADDING SECTION 58-77
REGARDING ON-SITE SEWAGE TREATMENT AND DISPOSAL
The City Council of Orono, Minnesota ordains as follows:
SECTION 1. Municipal Zoning Code Title V, Chapter 58, Article II, Division l, Sections
58-41 through 58-52 are hereby amended as follows:
ARTICLE II.
ON-SITE SEWAGE DISPOSAL*
DIVISION 1.
GENERALLY
Sec. 5&41.Definitions.
The following words,terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.Words
and terms not defined in this section shall have those meanings as set forth in chapters 78 and 82 and
Minnesota Rules chapter 7080.
Absorntion Area means the area on original soil below a mound that is designed to absorb sewa�e
tank effluent. The absorption area for trenches seepa�e beds and at ade systems is the area in contact
with the nart of the distribution medium that is desi�ned to absorb sewage tank effluent `Absorbtion
Area' is the area to which setbacks are measured for pro�ertv lines wells and the like
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City sewer means a sewage collection system terminating in a treatment plant or Metropolitan
Council, facilities,and not utilizing septic tanks or soil treatment and absorption areas.
Code system means an ISTS which meets all the location, design and construction standards of
this Code and which is not an "imminent threat to public health or safety" as defined in Minnesota Rules
chapter 7080.
Comnliance Inspection means an evaluation investigation inspection or other process for the
purpose of issum�a certificate of comnliance or notice of non-compliance
Compliant system means an ISTS which does not meet all the location,design and construction
standards of this Code but does meet the three-foot separation requirement, and which is not"failing" or
an "imminent threat to public health or safety" as defined in Minnesota Rules chapter 7080.
Page 1 of 18
Construction means any action which in any way affects the physical components of any new or
existing ISTS, including construction,installation, extension,alteration or repair,not to include pumping.
Contractor means a person licensed under the provisions of Minnesota Rules chapter 7080 to
engage in the business of site evaluation, system design, system construction and pumping.
Disposal means the evaporation or absorption of purified liquids after treatment of the raw
sewage.
Existing system means any ISTS constructed and in use prior to the adoption of the ordinance
from which this article is derived. "New systems" shall become "existing systems" at the time of final
inspection and approval by the city.
Failing system means any ISTS that discharges sewage to a seepage pit,cesspool,drywell or
leaching pit. In addition, any ISTS posing an imminent threat to public health or safety as defined in
Minnesota Rules chapter 7080 shall be considered failing.
Inspection report means the official report of the results of the inspection by the city or vrivate
ins ep ctor•including any official orders to repair or replace a noncompliant or failing ISTS.
Imminent threat to nublic health or sa�tv "TI'PH"means situations with the potential to
immediatelv and adversely affect or threaten public health or safetv At a minimum "TTPH"includes
�round surface or surface water discharges and sewa�e backup into a dwellin�or other establishment.
ISTS means an individual sewage treatment system as defined in Minnesota Rules chapter 7080.
Minnesota Rules chapter 7080 means the state pollution control agency standards for the design,
construction,installation and maintenance of individual sewage treatment systems extracted from the
current Minnesota Rules as adopted in this article.
New system means any proposed ISTS, or any newly constructed ISTS which construction takes
place after the adoption of the ordinance from which this article is derived until the time of final
inspection and approval by the city. See Existing system.
Noncompliant system means a prohibited ISTS; an ISTS located within a designated 100-year
flood plain; any ISTS which may or may not meet all the location,design, or construction standards of
this Code and which is failing for any reason; and any ISTS with less than three feet of unsaturated soil or
sand between the distribution device and the limiting soil characteristics.
Owner means any person having legal or equitable title or sufficient proprietary interest in any
building or land subject to the provisions of this article. For purposes of notification,the owner shall be
the occupant of the property or the person listed as taxpayer on the current tax rolls.
Pollutants means bacterial or chemical impurities,including pathogenic bacteria,infectious
viruses,toxic chemicals, excess nutrients(nitrogen and phosphorous),non-potable�et�}e water, or
septage.
Privy means an outhouse, a cesspool enclosed by a building,typically not served with running
water.
Page 2 of 18
Prohibited systems means cesspools,dry wells,leaching or seepage pits,and privies.
Pumping means the removal by gravity, siphon or mechanical means of any liquid or septage
from sewage or holding tanks.
Standard system means an ISTS employing a building sewer,sewage tanks, and the soil treahnent
system, consisting of trenches, at-grades, or mounds which are constructed on original soil which has a
percolation rate equal to or faster than 120 minutes per inch and is constructed according to Minnesota
Rules chapter 7080 and this Code.
Structure means anything which is built,constructed or erected,an edifice or building of any
kind,or any piece of work artificially built up or composed of parts joined together in some definite
manner,which requires a location on,below or above the ground.
Treatment means the purification of raw sewage by the removal or neutralization of pollutants
through separation,bacteriological processes,biological and physical filtration, and gasification.
(Code 1984, § 12.30(2),(3); Ord.No. 100 2nd series, §4,2-10-1992; Ord.No. 147 2nd series §§ 3--6, 5-
13-1996; Ord.No. 199 2nd series, § 1(1230(3)), 5-8-2000)
Cross References: Definitions generally, § 1-2.
Sec.58-42. Statement of purpose.
The city regulates the installation and maintenance of individual sewage treatment systems to
protect natural resources,protect public health and safety,and prevent the costly premature extension of
municipal sewers.
(Code 1984, § 12.30(1); Ord.No. 100 2nd series, § 4, 2-10-1992; Ord.No. 199 2nd series, § 1(12.30(1)),
5-8-2000)
Sec.58-43.Adoption by reference.
The Minnesota Rules Chapter 7080,Parts 7080.0020--7080.0178, 7080.0400 and 7080.0600
relating to individual sewage treatment systems, are hereby adopted by reference. T'he Minnesota Rules
chapter 7080,parts 7080.0179 (performance systems) and 7080.0450 (warrantied systems) are hereby
prohibited from use within the city.
(Ord.No. 199 2nd series, § 1(12.30(2)), 5-8-2000)
Sec.58-44.Treatment required.
All sewage generated within the city shall be disposed of by connection to the city sewer system
or shall be treated and disposed of in an ISTS according to the provisions of this article.
(Code 1984, § 12.30(4)(A); Ord.No. 100 2nd series, § 4, 2-10-1992; Ord.No. 199 2nd series, §
1(12.30(4)(A)), 5-8-2000)
Sec.58-45.Jurisdiction; compliance.
The provisions of this article shall apply to the method of sewage disposal from every building
within the city intended for human use or habitation,whether such use is permanent, temporary or
seasonal,regardless of the date of original construction or use.
(1) The owners of all buildings where city sewer is available, or becomes available, shall
connect the buildings to the city sewer subject to the following conditions:
Page 3 of 18
a. A code ISTS • will not be required to be connected to the city
sewer until the ISTS becomes noncompliant or the building undergoes major
remodeling resulting in an increase in water use that exceeds the capacity of the
ISTS. A comnliant svstem will be reauired to connect to municinal sewer
regardless of increase in water use. A certificate of occupancy will not be issued
until the building is connected to the city sewer.
b. An ISTS that is noncompliant due only to a lack of a three-foot separation must
connect to the city sewer system within the same time frame that ISTS
replacement would be required.
c. A failing ISTS "imminent threat to public health" that is discharging sewage to
the surface must be connected to the city sewer within 90 days.
(2) At the time connection to the city sewer is completed,all existing septic tanks no longer
in use shall be pumped out and filled with native soil.
(3) The owners of those buildings which have been completely connected to the city sewer
shall be exempt from the maintenance and inspection provisions of this article.
(Code 1984, § 12.30(4)(B); Ord.No. 100 2nd series, § 4,2-10-1992; Ord. No. 199 2nd series, §
1(12.30(4)(B)), s-s-2000�
Sec. 58-46.Permits.
(a) A permit from the city is required for all construction,removal, alteration or repair of an
ISTS within the city. A complete site evaluation and ISTS design must be approved by the city prior to
the issuance of a permit. All permits must be issued to contractors who are licensed under Minnesota
Rules 7080.0700--7080.0715, and all work must comply with this division. The city may reject permit
applications that are incomplete or for repairs that do not meet the provisions of this division.The city
may require additional inspections,removal or alteration of work performed which does not comply with
the requirements of this division.The city reserves the right to deny additional permits to contractors who
have failed to correct unsatisfactory work. The city maintains the right to pursue legal action or fines
against anyone perfornung work on an ISTS without a pernut. Construction relating to an ISTS that does
not require a permit are as follows:
(1) Repair or replacement of pumps, floats or other electrical devices of the pump.
(2) Repair or replacement of baffles in the septic tank.
(3) Installation or repair of inspection pipes and manhole covers.
(4) Repair or replacement of the line from the building to the septic tank.
(b) All permits issued for construction or repair of an ISTS shall meet the following
standards:
(1) A new ISTS shall be designed and constructed as a standard system in accordance with
Minnesota Rules Chapter 7080 and meet the provisions in subsection(b)of this section.
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Page 4 of 18
(2) A new technology ISTS will only be allowed for use with an existing residence when a
standard system is not feasible or the provisions of this article are not feasible due to
preexisting lot limitations.
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(3) When an existing ISTS is repaired or expanded,the system must be sized to treat the
anticipated flow from the building,and the portions of the system that are repaired must
become compliant or remain compliant according to this article.
(4) Prior to any permits being issued for new construction,all ISTS sites must be completely
enclosed in a durable four-foot blaze orange snow fence. The fence cannot be removed
until permission is given from the on-site systems manager.
(Ord.No. 199 2nd series, § 1(12.30(4)(C), (D)), 5-8-2000)
Sec. 58-47.Building permit applications.
(a) New residence. No building permit shall be issued for any new building that will be
connected to an ISTS until a site evaluation and design is approved by the on-site systems manager. The
site evaluation must include the identification of both primary and alternate drainfield sites suitable for a
minimum of a five-bedroom residence. If the building will be connected to an existing system, a site
evaluation and design must be approved by the city,including the existing system specifications and a
future site meeting the provisions of this article. A new residence must be connected to an ISTS meeting
the definition of a code system.
(b) Required unQrade or replacement. A sewage ti-eatment svstem not meetin�the
requirements of Minnesota Rules Chanter 7080 as amended or the reQuirements of this Ordinance
whichever is more restrictive,must be up�raded at a minimum at anv time a buildin�nermit is reguired
for an��improvements on or use of the prope subtect to the followin�
(1)Anv such svstem for which the Citv has nreviouslv issued orders requirin�pgrade or
renlacement of the svstem bv December 31 2007 shall not be subject to this requirement until Januar,y 1
2008.
(2)Anv such svstem for which the Citv has previously issued orders requiringtup ade or
revlacement of the svstem bv December 31 2010 shall not be subject to this reauirement until Januar�
2011.
�3)Reeardless whether previous uv�rade or renlacement orders have been issued this
up�rade or replacement reauirement shall not applv when said buildin�permit is for reaular maintenance
or unkeen includin�but not limited to replacement of inechanical equipment such as air conditionin�
furnaces,water heaters,or water softeners or for re-roofing re-sidin�or window renlacement
(�c) Construction of additional bedrooms or construction including water-using appliances
that will increase the sewage flow into an ISTS. A building permit shall not be issued until the city
confirms that the existing ISTS is compliant and of adequate size to treat the sewage flow from the
building and that a future drainfield site is designed and preserved. If the existing ISTS must be repaired
or replaced,an ISTS design for both the existing ISTS and a future drainfield site must be approved
before issuing a building permit. If expansion or replacement of the ISTS is required,the ISTS must be
installed and inspected before a certificate of occupancy shall be issued for the construction.Failure to
identify satisfactory drainfield sites for the proposed sewage flow for use now as well as a future site shall
result in the denial of the building permit application.
Page 5 of 18
(s� Expansion of an existing building, including decks and patios; construction of an
accessory building, driveway or land alteration. A future drainfield site must be designed and preserved
prior to the issuance of a building pernut for any expansion of an existing building,construction to an
accessory building or driveway or land alteration on a property using an ISTS.A building permit will not
be issued when the proposed work would preclude the use of the only future drainfield site approved by
the city.
(Code 1984, § 12.30(4)(F); Ord.No. 100 2nd series, § 4,2-10-1992; Ord.No. 147 2nd series, § 8, 5-13-
1996; Ord.No. 199 2nd series, § 1(12.30(4)(F)), 5-8-2000)
Sec.58-48. Conditional use permit and zoning variance applications.
No conditional use permit or zoning variance application shall be approved for a property until
the existing ISTS has been confirmed as being of adequate capacity for the anticipated use. If expansion
or replacement of the ISTS is required,a site evaluation and design must be approved by the city prior to
the approval of a conditional use permit or zoning variance. If the change in use intensifies the strength or
quantity of flow for the ISTS, an alternate site must be designated and protected.
(Code 1984, § 12.30(4)(G); Ord.No. 100 2nd series, § 4,2-10-1992; Ord.No. 147 2nd series, § 9, 5-13-
1996; Ord.No. 199 2nd series, § 1(1230(4)(G)), 5-8-2000)
Sec.58-49. Subdivision applications.
No subdivision,lot division or replatting for the purpose of creating a new building site, which
property includes the use of an ISTS, shall be approved by the city until a site evaluation report and ISTS
design,when required,has been reviewed and approved, and all existing ISTS have been inspected and
certified by the city as being in compliance with this article.
(1) Each newly created lot,regardless of acreage and which is intended for the development
of a residence, shall have approved primary and alternate drainfield sites.
(2) Each new lot with an existing residence connected to an ISTS must have either two future
drainfield sites or one future site and a code existing ISTS which is sized correctly for the
existin�residence or expandable to suit a�ve-bedroom residence (750 GPD), whichever
is eater.
(3) Each proposed lot shall be capable of sustaining a five-bedroom residence and two
drainfield sites to serve the dwelling including those lots with existing residences.
(4) As part of any subdivision,the owner shall grant to the city in a form approved by the
city a perpetual right-of-entry to allow for the future inspection of all systems, which
right-of-entry may be filed in the chain of title for the property.
(Code 1984, § 12.30(4)(H); Ord.No. 100 2nd series, § 4,2-10-1992; Ord.No. 147 2nd series, § 10, 5-13-
1996; Ord.No. 199 2nd series, § 1(12.30(4)(H)), 5-8-2000)
Sec.58-50.More restrictive design and construction standards.
All ISTS pernut applications, site evaluations, design specifications, construction methods, and
material specifications shall meet the parts of Minnesota Rules chapter 7080 adopted by reference in
section 58-43 with the following additional minimum standards:
Page 6 of 18
(1) Site evaluation. The site evaluation report shall include the following:
a. Soil borings. At least three soil borings shall be completed for each new
drainfield site designed. Each soil boring must be located within the drainfield
site or within close proximity along similar contours such that similar soil
conditions are likely.For additions to an ISTS, at least one soil boring shall be
made in the expansion area.
b. Percolation tests. At least two percolation tests shall be completed for each new
drainfield site designed. Each percolation test must be located within the
drainfield site or within close proximity along similar contours such that similar
soil conditions are likely.For additions to existing ISTS's,at least one
percolation test shall be completed in the expansion area.
c. Plot plan. A scale drawing of the entire lot showing the following:
1. All property lines and lot dimensions.
2. All existing and proposed structures.
3. All existing or proposed well locations,or water supply piping.
4. Relative elevations of house,lot corners and drainfield areas.
5. Slope of ground at drainfield sites by contour lines or direction arrows
and slope percentages.
6. Location of all percolation test holes and soil borings with identifying
symbols and relative ground elevations of each.
7. Primary and alternate drainfield areas identified.
8. Distance from primary and alternate drainfield areas to property lines,
well locations, and any lake, stream,marsh or drainage channel within 75
feet of any part of the system.
(2) ISTS design. ISTS design specifications shall include proposed flows or other sizing
information,minimum sewage tank capacity,minimum soil treatment area requirements,
a plan of the component layout, and all other information necessary to assure the city that
the ISTS is designed and will be constructed to receive,treat and dispose of all of the
sewage from the building served.Footing or roof drainage,water softener recharge water,
garage floor drainage,toxic chemicals, flammable liquids, animal wastes,commercial
process water and commercial kitchen grease shall not enter any portion of the ISTS but
shall be separately treated and disposed of according to the applicable regulations of the
MPCA,the state board of health and the city.
Page 7 of 18
a. Setbacks. The minimum setback distance requirements are as follows:
Feature Sewage Tank a�Sei� Soil Treatment Area
T""`�,.��' '' eet
Water su 1 well:
Dee well 50 50
Shallow well �A9 50 100
Wetland �5 50 50
Lake:
General develo ment 75 �5
Recreational 75 75
develo ment
Natural environment 150 150
Tributaries, streams 75 75
Driveways, sidewalks, �9 10 10
decks and other
hardcover
Property lines, �9 10 20
buildings and buried
i es
Lawn sprinkler 10 10
s stems
b. Sewage tanks. The minimum sewage tank size requirements are as follows:
Number of Bedrooms Tank's Liquid
Ca acities allons
4 or less 1,000+ 1,000
regardless of garbage
dis osal use
5 or 6 1,250+ 1,000
regardless of garbage
dis osal use
7, 8 or 9 1,500+ 1,500
regardless of garbage
dis osal use
10 or more Sewage tanks shall be
sized as other
establishments per
Minnesota Rules
cha ter 7080.
c. Pumping stations. In order to standardize installation and electrical connection
methods, the following pumping station requirements must be met in addition to
Minnesota Rules chapter 7080:
1. Electrical connection.
Page 8 of 18
i. A watertight, lockable electrical box must be mounted on a four-
inch-by-four-inch treated redwood or cedar post.
ii. All electrical connections shall be made within the box.Pump
connection must not be made using a direct line(plug-in only).
Wire entry to the electxical box shall be sealed with a watertight
material such as foam or putty.
iii. Alarm and pump floats shall be on separate electrical circuits.
iv. Electrical wire from the power supply must not run over any
tanks but must be laid beside the tanks and placed in conduit
along the electrical post.
v. Electrical cords from the pump and floats must be run through a
two-inch PVC (or equivalent)conduit(schedule 80)with a one-
inch gap between the conduit and the electrical box. Electrical
cords must not run through or under the manhole cover.Wires
must not have ground contact.
2. Pumping chamber.
i. Pressure pipe exiting the pumping chamber must be laid on a
uniform slope up to the soil treatment area for proper drain back.
The nressure pipe must be sleeved inside a lar�er diameter pipe
for additional supnort if spannin��round that has been
excavated.If the pipe at the tank must be lower than union to get
elevation for drain back, a one-quarter-inch weep hole must be
used.
ii. When the soil depth above the pressure distribution pipe is less
than 3 1/2 feet,insulation must be added to achieve an
insulating factor equal to 3 1/2 feet of soil to decrease the
potential for freezing(Styrofoam or concentric piping are
acceptable methods). Piping under hardcover, such as tennis
courts or driveways, shall be insulated pipe or equivalent.
iii. A reserve capacity equaling 75 percent of the anticipated daily
flow must be allowed in the pumping chamber between the
alarm activation level and the pump tank inlet.
d. Drainfields.
1. Trenches. Trenches must meet Minnesota Rules Chapter 7080.�}�
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2. Mounds and at-grades. Mounds and at-grades must meet specifications
per Minnesota Rules Chapter 7080. � ��'��,���*�a � •, �*�
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(3) Compliance standards.
a. A new system shall be located, designed and constructed as a code system.
b. When an existing code system is repaired or expanded, such ISTS shall remain a
code system. Compliant systems, when repaired, shall be upgraded to a code
system status whenever such classification is reasonably attainable.
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(4) Construction procedures.
a. Protection of drainfield area. Proposed drainfield areas shall be identified and
marked off on the lot at the time of the site evaluation and prior to any
construction or grading occurring in the area.The drainfield area shall remain
undisturbed until drainfield construction is commenced.No vehicular traffic shall
be allowed in the drainfield area either before or after drainfield installation.
b. Favorable weather required. Drainfield area or trench construction must not
proceed if the area is wet or has had rain within 48 hours.Mound or trench
construction shall not proceed unless the soil moisture content is below the
plastic limit.
c. Construction inspection required. The contractor issued a permit for ISTS
construction shall perform all work according to the design specifications
approved by the city for each particular ISTS. All subsurface work,including
building sewer, sewage tanks, distribution system and soil txeatment area shall be
inspected by the city inspector prior to backfilling or covering of any portion
thereof. It shall be the responsibility of the contractor to notify the city at least 24
hours prior to the time an inspection will be required,and it shall be the
responsibility of the contractor to ensure that the inspection is accomplished and
the construction is approved prior to any backfilling, covering or continuation of
the construction.
(Code 1984, § 12.30(5); Ord.No. 100 2nd series, § 4,2-10-1992; Ord.No. 147 2nd series, §§ 11--15, 5-
13-1996; Ord.No. 199 2nd series, § 1(12.30(5)), 5-8-2000)
Sec.58-51. System operation, use and maintenance.
(a) Generally. Existing systems require prudent use and proper maintenance to ensure that
each system will continue to treat and dispose of the entire sewage input and operate in conformance with
this article. Therefore,this section provides for certain maintenance standards and regular monitoring of
all systems within the city.
Page 10 of 18
(b) Owner's responsibility. It shall be the responsibility of each property owner to
demonstrate that the ISTS on his property is in compliance with all requirements of this article,that the
ISTS properly treats andlor disposes of the entire sewage input generated on the property, and that the
ISTS is adequately and properly maintained at all times. The owner is also responsible for the protection
of the alternate drainfield site,if designated due to the development of the property or was required to be
designated for any other reason.Protection of the drainfield site includes,but is not limited to,preventing
construction of buildings, excavating, filling,or driving across the drainfield site with automobile or
heavy machinery traffic.
(c) System use. All owners using or controlling the use of any ISTS shall use such ISTS in a
prudent manner, shall control the volume of liquid discharged into the ISTS consistent with the design
capacity; shall stxictly limit the discharge of shredded garbage,residential kitchen grease or other solid
matter into the system; and shall prohibit the discharge into the ISTS of footing or roof drainage, water
softener recharge water, garage floor drainage,toxic chemicals, flammable liquids,animal wastes or
commercial process water and commercial kitchen grease.
(d) System maintenance. All owners using or controlling the use of any ISTS shall perform
the following maintenance functions:
(1) System location. A diagram shall be prepared and thereafter kept on the property showing
location of the ISTS, including the sewage tanks, distribution boxes and soil treatment
area,pump station, sewer line,water well and location of septic alarm in residence.
(2) Annual inspection. It is the responsibility of the homeowner to monitor the condition of
the ISTS serving the property on a regular basis and ensure that the ISTS is functioning
properly.Whenever existing sewage tanks are not provided with inspection pipes,the
owner of such tank shall install inspection pipes within 12 months of the effective date of
the ordinance from which this article is derived. At the same time that the septic tank is
opened for inspection, each distribution box shall be opened and any accumulated solids
shall be placed in the septic tank for treatment.
(3) Regular pumping. Sewage tanks and/or holding tanks shall be regularly pumped of
septage as provided by this article.
(4) Owner's records. Full and accurate records shall be kept on the property,which records
shall list the date of every sewage tank or holding tank pumping, the contractor
responsible for the pumping and the gallons removed,the date and nature of all ISTS
repairs or alterations occurring after the effective date of the ordinance from which this
article is derived,and shall include a couv se�es of the most recent city inspection report
r�� �;�.;,,..+t.o .. e,..,+;.,« �'Fl.. TCTC
...».,., ��..,b aav ,
(e) Sewage tank and holding tank pumping. It is unlawful for any person to pump or remove
any septage(liquids or solids)from any sewage tank or holding tank without complying with the
requirements of this article.
(1) Required pumping. T'he owner of each sewage tank or holding tank shall cause such ta.nk
to be pumped for the removal of septage when required by one or more of the following
provisions:
Page 11 of 18
a. Sludge buildup. Sewage tanks shall be pumped whenever measurement of the
tank indicates that the top of the sludge layer in the tank or any compartment
thereof is less than 12 inches below the bottom of the outlet device,or the
floating solids layer is less than three inches from the bottom of the outlet device.
b. Maintenance pumping. No sewage tank shall remain in service without being
pumped at least once every three years,whether or not measurement indicates a
sludge buildup. Each existing septic tank shall be pumped at least once within 36
months of the effective date of the ordinance from which this article is derived
and thereafter at least once within 36 months of each succeeding pumping. In
order to be considered a maintenance pumpout,the manhole or cover section(20-
inch diameter minimum)must be removed to allow the complete extraction of
the solid materials within the sewage tank. The contractor must also determine
whether the tanks are watertight and report this information on the pumpout
notification.Failure to adhere to these requirements will result in the city's
rejection of the pumpout notification as a bona fide maintenance pumpout.
c. System failure. A noncompliant ISTS discharging pollutants shall have the
sewage tanks regularly pumped to limit or eliminate effluent discharge until
satisfactory repairs have been completed.
d. Holding tanks. Holding tanks shall be pumped on a regular basis and in all cases
shall be pumped before overflowing occurs. All new holding tank installations
will require review by the�se�s�onsite septic mana_ger. Holding tanks shall
be vrovided with a si�ht and sound alarm to warn of nossible overflow
(2) Contractor required. All sewage fi�and holding tank pumpings,shall be performed by
licensed contractors.
(3) Off-site disposal required. All septage removed from sewage tanks or holding tanks shall
be removed from the site in sealed containers and shall be disposed of in a sanitary
location and manner according to the requirements of the Metropolitan Council.
(4) Registration required. Each pumping of every sewage tank and holding tank shall be
registered with the city on forms provided for that purpose,within thirty days of the
pumping. 'The contractor shall certify to the city the owners of the property,property
address, date of pumping, gallons removed and location of sanitary disposal. Failure to
register any pumping with the city may result in the city inspection report's classifying
the ISTS as noncompliant.
(Code 1984, § 12.30(6); Ord.No. 100 2nd series, § 4,2-10-1992; Ord.No. 147 2nd series, §§ 16, 17,5-
13-1996; Ord.No. 199 2nd series, § 1(12.30(6)), 5-8-2000)
Sec. 58-52. Special provisions for Lake Minnetonka islands.
All lots,properties,buildings and structures on Big Island,Mahpiyata Island and Deering Island,
Lake Minnetonka, shall be provided with ISTS's which comply with the requirements of this article, as
amended by the following special provisions and specific exceptions pertaining to island properties:
Page 12 of 18
(1) Systems not required. Vacant property or property used solely for one-family seasonal
recreational use of land without structures, or with accessory structures only,as permitted
in the RS zoning district,need not be provided with an ISTS,provided that, at any time
such property is actually in use by one or more persons for overnight or longer stays, an
approved marine toilet or portable holding tank toilet shall be available on the properiy or
within a watercraft docked or moored at the property.
(2) ISTS required. Each building or structure within the RS zoning district must be connected
to an ISTS according to the provisions of this article as follows:
a. For each principal dwelling.
b. For each dwelling on a property containing two or more dwellings pursuant to a
private guest cabin condirional use permit.
c. For each seasonal dwelling over 800 square feet in floor area.
d. For any dwelling or building which has water plumbed inside and has a sink,
toilet,tub or other plumbing fixture.
e. Island septic svstems are exemnt from the five (5) bedroom minimum sizing
standards for new construction and may be sized for actual water use.
(3) Alternative ISTS permitted. Outhouses,incinerating devices,composting devices or small
portable holding tank toilets are permitted as follows:
a. Seasonal dwellings of less than 800 square feet in floor area.
b. Seasonal recreational use of land without structures,or with accessory structures
only.
c. Any other permitted or conditional use only upon approval of a variance issued
by the council.
d. Outhouses shall be constructed in accordance with Minnesota Rules chapter
7080, except that sealed vault type outhouses shall not be permitted.
e. Existing outhouses not conforming to any or all of the above requirements shall
be abandoned, filled in and the superstructure removed within ten months e�e
�of notification that a noncompliant system exists.
(Code 1984, § 12.30(7); Ord.No. 100 2nd series, § 4,2-10-1992; Ord.No. 147 2nd series, §§ 19--21, 5-
13-1996; Ord.No. 199 2nd series, § 1(12.30(7)), 5-8-2000)
Secs.58-53--58-70.Reserved.
Page 13 of 18
SECTION 2. Municipal Zoning Code Title V, Chapter 58, Article II, Division 2, Sections
58-71 through 58-76 are hereby amended as follows:
ARTICLE II.
ON-SITE SEWAGE DISPOSAL*
DIVISION 2.
ADMI1vISTRATION*
* Cross References: Administration, ch. 2.
Sec.58-71.Administrating officer.
The provisions of this article shall be administered by the building and zoning department and the
onsite svstems manager ' , who shall coordinate all permit applications and inspection
services.The on-site systems manager or building official shall review and evaluate technical matters
including ISTS design and installation as provided in this division.
(Code 1984, § 12.30(8)(A); Ord.No. 100 2nd series, § 4, 2-10-1992; Ord.No. 199 2nd series, §
1(12.30(8)(A)), s-s-2000>
Sec.5&72.Enforcement; violation.
(a) Enforcement. It shall be the duty of the onsite systems mana�er�d��a�to
enforce the provisions of this article and to bring to the attention of the prosecuting attorney any
violations or lack of compliance with this article.
(b) Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity
to prevent any violation of the provisions of this article to prevent unlawful construction,to recover
damages,to restrain,correct or abate a violation,to prevent illegal occupancy of a building, or to prevent
continued use of a noncompliant ISTS.
(c) Criminal enforcement. Any person who violates any of the provisions of this chapter
shall be guilty of a misdemeanor,punishable by imprisonment or a fine or both as defined by law. In the
event of a violation of this chapter,in addition to the other remedies, the city may institute appropriate
actions or proceedings to prevent,restrain, correct or abate such violations.
(Code 1984, § 12.30(9); Ord.No. 100 2nd series, §4,2-10-1992; Ord.No. 199 2nd series, § 1(12.30(9)),
5-8-2000; Ord.No. 27 3rd series, § 1, 7-25-2005)
Sec.58-73.Variances.
The on-site systems manager may grant variances to the provisions of this article due to
unnecessary or unintended hardship to the owner that are not contrary to the intent and purpose of this
article or other applicable law. Variance applications shall be reviewed by the on-site systems manager
upon written request of the owner or the owner's agent.
(1) Variance applications must include complete soil testing and ISTS design in accordance
with this article,including the identification of any site limitations leading to the variance
request.
Page 14 of 18
(2) Variances shall be approved, conditionally approved or rejected in writing by city staff.
The owner shall pay all costs incurred by the city in the review of the proposal.
(3) Variance approvals shall be subject to all conditions established by the city at the time of
approval and thereafter.
(4) Any variance application may be referred to the city council for review by the on-site
systems manager.
(Code 1984, § 12.30(4)(E); Ord.No. 100 2nd series, § 4, 2-10-1992; Ord.No. 199 2nd series, §
1(12.30(4)(E)), 5-8-2000)
Sec. 58-74.Inspection program.
For purposes of ensuring continued proper use and maintenance of all existing ISTS's,the city
shall periodically inspect each existing ISTS. ^„a �'��" �'^ ���•� ^� rc'T'r � �a� ,• +
i�kE�1�66�iH3i�• ., � Y �_�o=-a
(1) Right of entry. The city inspector shall have the right of entry onto every properiy in the
city,which property includes an ISTS, for purposes of inspecting such ISTS for
compliance with the provisions of this article. Each construction permit issued after
adoption of the ordinance from which this article is derived shall be construed as the right
of entry to the city inspector by explicit approval of the owner requesting such permit,
which approval may be filed in the chain of title for the property.Failure of any party to
grant the city access for this purpose shall be grounds to classify any ISTS on the
property as noncompliant. The city attorney shall thereafter take such action as is
necessary to enable the city to perform the inspection and to enforce all the provisions of
this article, and to assess the cost thereof against the property.
(2) Inspection report. Within a reasonable period,�9-�a}s after the inspection of each ISTS
by the city,the city shall provide the results of such inspection in writing to the owner of
the ISTS, including the classification of the ISTS as to compliance with city
requirements.n�a Y��""��, ��� ��'"�b � � r ''v��`�,�s Notice of a noncompliant or
failing ISTS shall include orders for maintenance,repairs or replacement, the procedures
for obtaining all required pernuts,the deadline for completion of the construction or
pumping, and the penalties for failure to comply with the order.
(3) Inspection schedule. Code and compliant ISTS's shall be inspected by the city on a
routine basis or as necessarv. ,
(Code 1984, § 12.30(8)(B)(1)--(3); Ord.No. 100 2nd series, §4,2-10-1992; Ord.No. 199 2nd series, §
1(12.30(8)(A), �8��i�--�3», s-s-2000)
Sec.58-75.Noncompliant systems.
(a) Owners of noncompliant�T-�s septic svstems determined as such bv the Citv of
Orono's eaxlier inspection programs which were-ska�e issued orders requiring maintenance,repair or
replacement��r�;�„ --�a�- *� G4 �^��� �� ����--•� shall be subject to the following:
(1) An ISTS located within the Shoreland District found to be noncompliant due solely to
lack of three feet of unsaturated soil or sand between the distribution device and the
limiting soil characteristics shall be repaired or replaced within a reasonable period of
Page 15 of 18
time not to extend past December 31, 2007��+'�� �� �*'� �� -�"�•-���-*��-�
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b
�pn �����u...�.ti.e e��.�4..�u• « 41.e a..4e��...�..«4:..« ..r4ti... .....7:.�...�.... L'_W_'"L"_7_ �l_ _
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�stal�-�f thrru�.frat+t�f imanfi,«.,Fe,a ,.,.;1,.. � *t. ,7 + �' ,7 �: f'*1., ,7' �. -
r'�' �
••,�^:^�*i,;^ ^�•:rlP-i.c dr�-ivr�i• tl,�ir rnn�; a a�• •»�. a. �i, a + �
� r
4ti.e i..-a�«n..i.e�...r.....ti.:i.ti.4ti..n ..«{: �e � .� .�
C"� �.'.�������� �..�.' "'..........v...�.vav a�a�avaa�vca.
(2) An ISTS located outside the Shoreland District found to be noncompliant due solely to
lack of three feet of unsaturated soil or sand between the distribution device and the
limiting soil characteristics shall be repaired or replaced within a reasonable period of
time not to extend past December 31, 2010�f+':���.;?: ��r�:.�:.:„�-�� w' �-
�.,...
,
IBf�4��....nn4..«n4va n�:��. .-4i.�l.o .� 4 �4ti. a� �.. - �.� 1.41.� 1
Y^
E�AT7V"•7. +L.e;,-«e«..;..,7e..,71:...e�. .;11 l.e�e �. aL .] a r�L �• _ r
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�b Owners of noncomuliant septic svstems identified as such after the date of this ordinance
which are found to be non-compliant for other reasons than due solelv to lack of three feet of unsaturated
soil or sand between the distribution device and the limiting soil characteristics shall be issued orders
requirin�maintenance repair or replacement as follows•
(�� An ISTS found to be noncompliant because it is either failing or prohibited,as defined in
section 58-43, shall be repaired or replaced within 90 days, if feasible,but in no case later
than ten months after the date of the repair order.
(-4}� Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped
within 48 hours and as often as necessary thereafter to eliminate effluent discharge until
system repairs are completed.
{�� An ISTS required to obtain and maintain a MPCA state disposal system permit shall meet
the requirements of Minnesota Rules Chapter 7080. If the state permit lapses,orders shall be issued to
cease use of the ISTS within ten days, such use to be discontinued unril reinstatement of the state permit.
�� Failure to obey a lawful order requiring repair,alteration or replacement of a
noncompliant ISTS shall be cause for the city to enj oin the owner or occupant from further use of the
ISTS.Upon notice,the owner shall have ten days to show cause to the city why the property should not
be condemned for occupancy according to Minn. Stat. §463.15 et seq.
(Code 1984, § 12.30(8)(B)(4)--(6); Ord.No. 100 2nd series, §4, 2-10-1992; Ord.No. 199 2nd series, §
1(12.30(8)(B)(4)), 5-8-2000)
Sec.5&76.Annual service charge.
(a) An annual service charge in the amount prescribed by resolution of the council shall be
paid by the owner of every building connected to an ISTS,such charge being for purposes of
administering and enforcing the city inspection program as provided for in this article. A separate charge
shall be due for each separate ISTS located on each property.
Page 16 of 18
(b) The service charge shall be due 45 days after the billing date.
(c) It shall be the duty of the city administrator to endeavor to collect all delinquent accounts.
(d) Each year the city administrator shall prepare an assessment roll providing for the
assessment of the delinquent accounts against the respective properties as provided in Minn. Stat. §
429.061,subd. 3,and shall certify the roll to the county auditor,who shall thereupon enter such amount
with the tax levy on such property collectible with the taxes for the next year.
(Code 1984, § 12.30(8)(C); Ord.No. 100 2nd series, § 4, 2-10-1992; Ord.No. 199, 2nd series, §
i�12.3o�s��o��, s-s-2000)
SECTION 3. Municipal Zoning Code Title V, Chapter 58, Article II, Division 2, is hereby
amended by adding Section 58-77 to read as follows:
Sec. 58-77. Prouertv transaction standards for individual sewage treatment svstems
(a) No owner of a tract of land upon which a dwelling is located or a txact of land upon
which a structure which is reauired to have an individual sewage treatment system is located shall sell or
transfer to another nartv said tract of land unless the following reauirements are met•
(1) The seller of anv prope having an individual sewage treatrnent svstem shall have a
state licensed insnector or desiener I comnlete the Minnesota Pollution Conirol A e�ncv(MPCA)sewa�e
svstem comnliance insuection form for existin s� ewa e svstems in accordance with this article and
Minnesota Rules Chanter 7080. The exception would be a new septic svstem installed within tlte
previous five(51 vears or a compliance inspectionperformed bv a licensed inspector or designer I within
the previous three(3)vears.
(2) The seller must provide a copv of the completed sewa�svstem disclosure form and the
certificate of comnliance or notice of non-compliance to any�erson who si s a purchase agreement
The disclosure form and certificate of compliance or notice of non-compliance inspection form must be
provided to the buver vrior to signing the purchase a�reement
(31 The licensed insnector or desiener I must submit a copy of the certificate of comuliance
or notice of non-comuliance to the Citv within 30 days of the date of insnection
(4) If the existin�svstem is found to be out of compliance it must be brought into compliance
prior to transfer of the nrovertv. If the system is not brought into comnliance prior to transfer the seller
shall provide the buver sufficient security in the form of an escrow agreement to assure the installation of
a comnl i�n Ig STS•
(5) If the seller fails to urovide a certificate of compliance the seller shall nrovide the buver
sufficient securitv in the form of an escrow aQreement to assure the installation of a complyin Ig STS
(6) The securitv shall be nlaced in an escrow with a licensed real estate closer licensed
attornev-at-law or a federal or state chartered financial institution The amount escrowed shall be eaual to
150%of a written estimate to install a complying ISTS provided by a licensed and certified installer or
the amount shall be eaual to 110%of the written contract tmce for the installation of a compl n�n Ig STS
provided bv a licensed and certified installer. After a com�lving ISTS has been installed and a certificate
of compliance issued,the Citv of Orono shall provide the escrow a�ent a copy of the certificate of
compliance.
Page 17 of 18
SECTION 4. This Ordinance shall be effective upon approval and publication.
��f� S'�pFe,�,d.P.-� �rs�/�
Adopted by the City Council of Orono on this �day of -�'� , 2007 by
a vote of 5 ayes and 0 nays.
tc� t?��'�'z��'
J e . White, Mayor
ATTEST:
��.� ,� �..�
Linda S. Vee, City Clerk
Summary Ordinance published hte week of October 11, 2007 in the Sun Sailor newspaper.
Page 18 of 18