HomeMy WebLinkAboutOrd #212 - 3rd Ser/On-Site Sewage Disposal ORDINANCE N0.212,THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE REPEALING AND REPLACING
ORONO CITY CODE OF ORDINANCES TITLE V,CHAPTER 58,
ARTICLE II PERTAINING TO ON-SITE SEWAGE DISPOSAL
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Title V,Chapter 58,Article II shall be repealed in its entirely and
replaced with the following language:
Division 1. General provisions
Sec.58-41 Purpose
This ordinance is enacted to provide minimum standards for the regulation of subsurface sewage
treatment systems(SSTS)including: proper location,design and construction; necessary
modification and reconstruction; operation,maintenance and repair for the purpose of protecting
surface water and groundwater from contamination by human sewage and waterborne household
and commercial wastes; protection of the public's health and safety; and elimination and
prevention of the development of public nuisances,pursuant to the authority granted under Minn.
Stat. Chapters 115 and 145A and Minnesota Rules Chapter 7080, 7081 and 7082 as amended from
time to time that may pertain to sewage and wastewater treatment.
A. 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 by a system that has been permitted by the MPCA.
B. Sewage discharge to ground surface or surface water. It is unlawful for any person to construct,
maintain, or use any wastewater treatment 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 by the MPCA under the National
Pollutant Discharge Elimination System program.
Sec.58-42 Objectives
The principal objectives of this Ordinance are as follows:
A. The protection of Orono's lakes,rivers and streams,wetlands, and groundwater essential to the
promotion of public health, safety, welfare, socioeconomic growth and development of the City in
perpetuity.
B. The regulation of proper SSTS construction,reconstruction,repair and maintenance to prevent
the entry and migration of contaminants,thereby ensuring the non-degradation of surface water
and groundwater.
t
C. 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.
D.The appropriate utilization of privy vaults and other non-water carried SSTS.
E. The prevention and control of water-borne disease, lake degradation,groundwater related
hazards, and public nuisance conditions through technical assistance and education,plan reviews,
inspections, ISTS surveys and complaint investigation.
Sec. 58-43 Definitions
Class V Injection Well means a shallow well used to place a variety of fluids directly below the
land surface, which includes a domestic SSTS serving more than 20 people. The US
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 means 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.
Design Flow means the daily volume of wastewater for which an SSTS is designed to treat and
discharge.
Failure to Protect Groundwater means at 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 MR Chapter 7080.1500 Subp. 4 D and E;
and a system not abandoned in accordance with part 7080.2500. The determination of the threat
to groundwater for other conditions must be made by a Qualified Employee or an individual
licensed pursuant to Section 58-52 hereof.
Health Authority means the City of Orono and its designated agent who shall be a qualified
employee or licensee.
Imminent Threat to Public Health and Safety means, at a minimum a SSTS with a discharge of
sewage or sewage effluent to the ground surface, drainage systems,ditches, or storm water drains
or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other
establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak
maintenance access covers. The determination of protectiveness for other conditions must be
made by a Qualified Employee or a SSTS inspection business licensed pursuant to Section 58-52
hereof.
ISTS means an individual sewage treatment system as defined in Minn. R. 7080.1100, subp. 41.
Malfunction means the partial or complete loss of function of a SSTS component,which requires a
corrective action to restore its intended function.
Management Plan means a plan that describes necessary and recommended routine operational
and maintenance requirements,periodic examination, adjustment, and testing, and the frequency
of each to ensure system performance meets the treatment expectations, including a planned
2
course of action to prevent an illegal discharge.
Minor Repair means the repair or replacement of an existing damaged or faulty componendpart of
an 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.
MPCA means the Minnesota Pollution Control Agency.
MSTS means 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 means a written document issued by the City notifying a system owner
that the owner's onsite/cluster treatment system has been observed to be noncompliant with the
requirements of this Ordinance.
Qualified Employee means an employee of the state or city of Orono,who performs site
evaluations or designs, installs,maintains, pumps, or inspects SSTS as part of the individual's
employment duties and is registered on the SSTS professional register verifying specialty area
endorsements applicable to the work being conducted.
Other Establishment means any private or public structure,other than a dwelling,that generates
sewage having characteristics other than residential-type waste or has an average waste flow
greater than 2,000 gallons per day and discharges to an individual sewage treatment system.
Owner means the fee owner(s) and, if applicable,the contract-for-deed purchaser. Ownership
interests shall be determined by reference to the records of Hennepin County. The owner of each
lot served by an ISTS is responsible for the lawful operation and maintenance of each ISTS.
Record Drawings means 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 condirions during construction of the system.
Sewage means 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 means Subsurface Sewage Treatment System as defined in Minn. R. 7080.1100, subp. 82.
Type I System means an ISTS designed according to Minn. R. parts 7080.2200 to 7080.2240, as
may be amended from time to time.
Type II System means an ISTS designed according to Minn. R. parts 7080.2250 to 7080.2290, as
may be amended from time to time.
Type III System means an ISTS designed according to Minn. R. 7080.2300, as may be amended
from time to time.
Type IV System means an ISTS designed according to Minn. R. 7080.2350, as may be amended
from time to time.
Type V System means an ISTS designed according to Minn. R. 7080.2400, as may be amended
from time to time.
3
Sec.58-44. Incorporation by reference
This Ordinance hereby incorporates by reference Minnesota Rules Chapter 7080 and 7081, as may
be amended from time to time.
Sec.58-45. Administration by the health authority
The Health Authority shall have the following duties and responsibilities:
A. To review all applications for SSTS.
B. To issue all required pertnits.
C. To conduct construction inspections and to perform all necessary tests to determine its
conformance with this Ordinance.
D. To investigate complaints regarding SSTS.
E. To perform compliance inspections and to issue Certificates of Compliance or Notices of
Noncompliance where appropriate.
F. To issue Stop Work Orders and Notices of Violation pursuant to this Ordinance.
G. To take complaints to the Municipal or County Attorney for violations of this Ordinance.
H. To maintain proper records for SSTS including site evaluation records, design records
including calculations and summaries for all system component sizings and as-builts,
complaints on noncompliance, compliance inspections, site evaluations, applications and
exhibits,variance requests, issued permits,Certificates of Compliance, and enforcement
proceedings.
I. To submit annual reports to the MPCA to demonstrate enforcement of this Ordinance per
Chapter 7082.0040 Subpart 5.
Sec. 58-46. No Guarantee
Neither the issuance of permits,Certificates of Compliance nor Notices of Noncompliance as
requested or issued shall be construed to represent a guarantee or warranty of the system's
operation or effectiveness. Such certificates signify that the system in question is or has been
designed and installed in compliance or non-compliance with the provision of these standards and
regulations.
Division 2: Permitting
Sec.5&47. Required permits
A pernut from the Health Authority is required before any SSTS in Orono's jurisdiction is
installed,replaced, abandoned, altered, repaired, rejuvenated or extended pursuant to this
Ordinance. Such permits are not transferable as to person or place. Such permits shall expire 12
months after date of issuance. Upon request of an inspector,permits shall be provided by the
pernuttee at the time of inspection.
New�-esidence. 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
a
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.
Sec.58-48. Permits not required
Permits shall not be required for the following activities:
A. Repair or replacement of pumps, floats or other electrical devices of the pump.
B. Repair or replacement of baffles in the septic tank.
C. Installation or repair of inspection pipes and manhole covers.
D. Repair or replacement of the line from the building to the septic tank.
E. Repair or replacement of the line from the septic tank or pump chamber to the distribution
box or lines.
Sec.58-49. Permit application
All applications for an SSTS pernut shall include the following information:
A. Name and address of property owner.
B. Property identification number.
C. Legal description of the property.
D. SSTS Designer name, address,telephone number and State MPCA license number; (or
Health Authority qualified employee name and number).
E. SSTS Installer name, address, telephone number and MPCA license number.
F. Site evaluation report on forms approved by the Health Authority and include information
required by sections 7080.1710-7080.2400.
G. System design with full information including applicable construction information on
forms approved by the Health Authority.
H. The location of two or more designated additional soil treatment areas that can support
system as described in Minn. R. parts 7080.2200 through 7080.2230 or site conditions
described in Minn. R. 7081.0270, subps. 3 through 7, on lots created after January 23,
1996.
I. A management plan as described in Minn. R. 7082.0600 and this ordinance; and
J. Any other information requested pertinent to the process.
Sec.58-50. Operating permit
An operating permit is required for all treatment systems installed under Minn. R. 7080.2290
(holding tanks), Minn. R. 7080.2350-2400 (Type N&V Systems), and Minn. R. ch. 7081
(MSTS). Sewage shall not be discharged to a treatment system requiring an operating permit until
the Health Authority certifies that the treatment system was installed in substantial conformance
with the approved plans, receives the final record drawings of the SSTS, and a valid operating
pernut is issued to the owner.
The operating permit shall be valid for twelve months and renewed by the expiration date. The
Health Authority shall review all required monitoring data submitted from the previous year and
5
the renewal application before approving any subsequent operating permits. An operating permit
shall include:
A. A detailed description of the operation,maintenance, and monitoring, reporting and
compliance limits and boundaries necessary to ensure both continued system performance
as designed and protection of public health and the environment for the life of the system;
B. A requirement that the person responsible for monitoring notify the Health Authority when
monitoring plan requirements are not met;
C. A disclosure of the location and condition of the additional soil treatxnent and dispersal
system;
D. A stipulation of acceptable and prohibited discharges; and
E. The signatures of the system designer and owner.
Sec. 58-51. Compliance monitoring
Performance monitoring of a SSTS shall be performed by a licensed service provider hired by the
holder of the operating permit in accordance with the monitoring frequency and parameters
stipulated in the permit.
A monitoring report shall be prepared and certified by the licensed service provider. The report
shall be submitted to the City on a form provided by the City 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:
1) Owner name and address;
2) Operating permit number;
3) Average daily flow since last compliance monitoring report;
4) Description of type of maintenance and date performed;
5) Description of sample taken(if required), analytical laboratory used, and results of
analyses;
6) Problems noted with the system and actions proposed or taken to correct them; and
7) Name, signature, license and license number of the licensed professional who performed
the work.
Sec.58-52. License requirements
All design, installation, alteration, repair,maintenance, operation,pumping, and inspection
activities for SSTS located in the city must be completed by a business licensed by the state under
Minn. R. ch. 7083, an appropriately certified qualified employee, or a person exempted under
Minn. R. 7083.0700, subps. 1(A), (C), (D), (F), (G), (H) and(I). Individuals exempt from a state
SSTS license under Minn. R. 7083.0700, subps. 1(A), (C), (D), (F), (G), (H)and(I)must follow
all applicable local, state, and federal requirements. Property owners that employ a business to
perform this work must hire a business that is licensed in accordance with Minn. R. ch. 7083.
Sec. 58-53. Application review and determination
s
If after consideration of the application for a permit,the Health Authority determines that the
proposed work complies with provision of this Ordinance,the Health Authority shall issue a
written permit granting preliminary approval authorizing initiation of the work as proposed. If the
Health Authority deternunes that the proposed work will not comply with the provisions of this
Ordinance,the Health Authority shall deny the permit application. The permit application may be
revised or corrected and resubmitted to the Health Authority for reconsideration.
Sec. 58-54. Variances
Variances to wells and water supply lines require approval from the Minnesota Department of
Health. The Health Authority may grant variances to the technical standards and criteria of
Minnesota Rules,Chapter 7080 or this Ordinance. However,the Health Authority is prohibited
from granting variances to:
A. Minn. R. 7080.2150, subp. 2.
B. Minn. R. 7081.0080, subps. 2 to 5
C. Flow determinations under Minn. R. 7081.0110 if the deviation reduces the average daily
flow from more than 10,000 gallons to 10,000 gallons per day or less.
All requests for a variance shall be requested in writing to the Health Authority on forms
approved by the Health Authority.
Sec. 58-55. Periodically saturated soil disagreements
A. If a documented discrepancy arises on the depth of the periodically saturated soil between
licensed businesses for SSTS design or compliance purposes, all disputing parties must follow the
procedure outlined in this subpart.
1. The disputing parties must meet at the disputed site in an attempt to resolve differences.
2. If the provision does not resolve the differences,then:
a. Obtain an opinion from a Minnesota licensed professional soil scientist who is a
certified SSTS designer or inspector and who is independent of, and agreed upon by,
both parties.
b. If opinions rendered do not resolve the dispute, all initial and follow-up documents and
information generated must be submitted to the Health Authority. The Health Authority
shall take into consideration all information and opinions rendered and make a final
judgment. The Health Authority shall render findings of fact, conclusions of law, and
fmdings setting forth the reasons for any final decisions it renders.
B. If a documented discrepancy arises on the depth of the periodically saturated soil between an
SSTS licensed business and the Health Authority for SSTS design or compliance purposes, all
disputing parties shall follow the procedure outlined in this item.
1. A representative of the Health Authority and the licensed business must meet at the
disputed site in an attempt to resolve differences.
2. If the provision does not resolve differences,then the SSTS licensed business may obtain
an opinion from a Minnesota licensed professional soil scientist who is a certified SSTS
designer or inspector and who is independent of, and agreed upon by,both parties.
�
3. If still unresolved, the Health Authority shall take into consideration all information and
opinions rendered and make a final judgment. The Health Authority shall render findings
of fact, conclusions of law, and findings setting forth the reasons for any final decisions
they render.
C. Upon resolution of a dispute, amendments to initial disputed documents containing the
resolution shall be made and submitted to the Health Authority and all other parties involved.
Division 3. Construction inspections
Sec.58-56. Requirements
Compliance inspections shall be conducted by the Health Authority anytime a SSTS is installed,
replaced, abandoned, altered, repaired,rejuvenated, or extended. T'he installation and construction
of the SSTS shall be in accordance with the permit requirements and application design. If any
SSTS component is covered before being inspected by the Health Authority, it shall be uncovered
if so ordered by the Health Authority. Proposals to alter the permitted construction shall be
reviewed and the proposed change accepted by the Health Authority prior to construction.
Inspections shall be conducted at least once during the construction that is prior to covering of the
ISTS to assure that the system has been constructed per the submitted and approved design.
Sec. 58-57. Inspector
Compliance inspections for construction, replacement, alteration or repair work on SSTS shall be
conducted by the Health Authority.
Sec.58-58. Request for inspection
It shall be the duty of the permittee to notify the Health Authority of the date and time the
inspection is requested at least 24 hours(excluding weekend days and holidays)preceding the
requested inspection time. If the permitee provides proper notice as described above and the
Health Authority does not appear for an inspection within two hours after the time scheduled,the
permitee may complete the installation and submit an As-built for the system.
Sec.58-59. Access to premises and records
Upon the request of the Health Authority,the applicant, owner,permittee or any other person shall
allow access at any reasonable time to the affected premises as well as any related records, for the
purposes of regulating and enforcing this Ordinance. If entry is refused,the Health Authority shall
have recourse to the remedies provided by law to secure entry.No person shall hinder or otherwise
interfere with the Health Authority in the performance of their duties and responsibilities pursuant
to the enforcement of this Ordinance. Refusal to allow reasonable access to the Health Authority
shall be deemed a separate and distinct offense, whether or not any other specific violations are
cited.
Sec.58-60. Stop work orders
Whenever any SSTS work is being done contrary to the provisions of this Ordinance, the Health
Authority may order the work stopped by verbal or written notice served upon the installer or the
owner of the land. All installation and construction shall cease and desist until subsequent
authorization to proceed is received from the Health Authority.
Sec. 58-61. As-builts
a
As-builts shall be submitted to the Health Authority within five(5)working days of completion of
the work on the ISTS on forms provided or approved by the Health Authority. The As-built shall
include photographs of the system prior to covering and a certified statement that the work was
installed in accordance with submitted design and permit conditions and that it was free from
defects. If an As-built is not submitted,the Health Authority may require the uncovering of the
system for inspection.
Sec. 58-62. Inspection reports
A Certificate of Compliance or Notice of Noncompliance shall be prepared by the Health
Authority following an inspection or review of As-builts submitted in accordance with Section 58-
61 . A Certificate of Compliance or Notice of Noncompliance shall include a signed statement by
the inspector identifying the type of ISTS inspected and whether the system is in compliance with
Minnesota Rules. A copy of the Certificate of Compliance or Notice of Noncompliance shall be
provided to the property owner within 30 days of the compliance inspection and a copy kept on
file with the Health Authority.
A. Certificates of Compliance issued by the Health Authority for new construction and
replacement shall be valid for five(5)years from the date of the compliance inspection or As-built
certification unless the Health Authority or licensed inspector identifies the system as an Imminent
Threat to Public Health and Safety.
B. Notices of Violation may be issued with Notices of Noncompliance when the Health
Authority determines that new construction,replacement or repairs are not in compliance with this
Ordinance.
Division 4 Existing systems
Sec. 58-63. Requirements
The Health Authority shall require a compliance inspection on MPCA Compliance Inspection
Form of an existing system whenever:
A. In designated Shoreland Management or Wellhead Protection Areas, an application for any
type of building or land use permit is made.
B. The Health Authority deems a compliance inspection necessary, including,but not limited
to,upon receipt of information of a potential ISTS failure or Imminent Threat to Public
Health and Safety.
C. An additional bedroom on the property is requested. If a request for an additional bedroom
is received between November 1 and Apri130,the governing municipality may issue a
building permit immediately with the contingent requirement that a compliance inspection
of the existing ISTS shall be completed by the following June 1 and the applicant submits a
certificate of compliance by the following September 30.
D. Any addition or remodel of a licensed food,beverage, or lodging establishment or any
Other Establishment where the sewage treatment system's designed flow may be effected.
E. Abandonment of existing systems. 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
9
or any system component for any purpose is prohibited. Abandonment shall be completed
in accordance with Minn. R. 7080.2500.
Sec.58-64. Inspector
Only a certified inspector from the Health Authority or a licensed inspection business shall
conduct an inspection when a compliance inspection is required for an existing SSTS.
Sec.58-65. Vertical Separation
A. SSTS built after March 31, 1996. A SSTS located in a shoreland area, wellhead protection
area, or serving a food,beverage, or lodging establishment as defined under Minn. R. 7080.1100,
subp. 84 must have a three-foot vertical separation between the bottom soil infiltrative surface and
the periodically saturated soil and/or bedrock. Unless otherwise determined by the Health
Authority, existing systems that have no more than a 15 percent reduction to the minimum
required 36 inch separation distance are considered compliant. (i.e., a separation distance no less
than 30.6 inches). This reduction is to account for settling of sand or soil, normal variation of
separation distance measurements and interpretation of limiting layer characteristics. The vertical
separation measurement shall be made outside the area of system influence in an area of similar
soil.
1. SSTS built after March 31, 19961ocated outside shoreland,wellhead protection, or
serving food,beverage, or lodging establishments as defined under part 7080.1100, subpart 84,
must have at least three(3) feet of vertical separation.
B. SSTS built before April 1, 1996, in areas that are not shoreland,wellhead protection,or serving
food,beverage, or lodging establishments SWF areas as defined under part 7080.1100, subpart 84,
must have at least two(2)feet of vertical separation.
1. SSTS built before April 1, 1996, in areas that are within shoreland,wellhead protection
areas,or serving food,beverage,or lodging establishments as defined under part 7080.1100,
subpart 84,must have at least three(3) feet of vertical separation.
Table 1. Vertical se aration summarized.
Within shoreland,well
protection, or Food,beverage, Outside shoreland,well protection, or
or lod in not in food,bevera e,or lod in
Built before April 1,
1996 3 feet se aration,minimum 2 feet se aration, minimum
Built after March 31,
1996 3 feet se aration,minimum 3 feet se aration, minimum
Sec. 58-66. Inspection reports
A copy of the Certificate of Compliance or Notice of Noncompliance resulting from a compliance
inspection shall be provided to the property owner and the Health Authority within 30 calendar
days of inspection.
�o
A. Certificates of compliance Issued by a licensed ISTS Inspector for an existing system shall be
valid for three(3) years from the date of the compliance inspection unless the Health Authority or
licensed inspector identifies the system as an Imminent Threat to Public Health and Safety.
B. A Notice of noncompliance shall be issued in the following circumstances and the conditions
noted in violation of this Ordinance shall be remedied as follows:
l. An SSTS determined to be failing to protect groundwater shall be upgraded,replaced, or
repaired in accord with Minnesota Rules Chapter 7080 or 7081,within three(3) years, or
its use is discontinued. The Health Authority, at its discretion, may grant an extension of an
additional two(2)years.
2. An SSTS posing an Imminent Threat to Public Health and Safety shall be upgraded,
replaced or repaired within 10 months. The Health Authority will give consideration to
weather conditions in determining compliance dates. If an SSTS is determined to be a
public health nuisance by the Health Authority,the Health Authority may order the owner
of the SSTS to cease use immediately and not allow use of the SSTS until it is corrected in
accordance with the recommendations of the Health Authority.
Division 5 Violations
Sec. 58-67. Cause to issue a notice of violation
Noncompliance with this Ordinance by an applicant,permittee, installer or other person, as
determined by the Health Authority, shall constitute a violation.
Sec. 58-68. Serving a notice of violation
The Health Authority shall serve, in person or by mail, a Notice of Violation upon any person
determined to be not in compliance with this Ordinance.
Sec. 58-69. Contents of a notice of violation
A Notice of Violation shall contain the following:
A. A statement documenting the findings of fact determined through inspections,reinspection
or investigation.
B. A list of specific violation or violations of this Ordinance.
C. The specific requirements for correction or removal of the specified violation(s).
D. A mandatory time schedule for correction, removal and compliance with this Ordinance.
Sec. 58-70. Notification of MPCA
The Health Authority shall in accordance with state law notify the MPCA of any inspection,
installation, design, construction, alteration or repair of an ISTS by a licensed person or any
pumping by a licensed pumper performed in violation of the provisions of this Ordinance.
Division 6: Additional standards for health and environmental protection
Section 58-71. 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 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 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 must submit a copy of the certificate of compliance or notice
of non-compliance to the city within 15 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 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 of Orono shall provide the escrow agent a
copy of the certificate of compliance.
Sec. 58-72. Siting of an SSTS
Notwithstanding any state or federal requirements, the separation distance from an SSTS to a Type
3,4, 5 or 6 wetland shall be no less than fifty(50) feet.
A. SSTS in flood plains. No permit shall be issued for SSTS located in a floodway and wherever
possible, location within any part of a floodplain should be avoided. If no option exists to locate a
SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements of
Minn. R. 7080.2270 and all relevant local requirements are met.
B. Class V injection wells. All owners of new or replacement SSTS that are considered to be
Class V injection wells as defined in the Code of Federal Regulations, title 40,part 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.
�z
C. Holding tanks. Holding tanks may be used for the following applications only after it can be
shown conclusively by the property owner that a SSTS permitted under this ordinance cannot be
feasibly installed:
1. As a replacement for an existing failing SSTS;
2. For an SSTS that poses an Imminent Threat to Public Health and Safety; or
3. For use with buildings with limited water use.
D. Determination of hydraulic loading rate and SSTS sizing
Table IX from Minn. R. 7080.2150, subp. 3(E) entitled"Loading Rates for Determining Bottom
Absorption Area and Absorption Ratios Using Detailed Soil Descriptions""and
Table IXa from Minn. R. 7080.2150, subp. 3(E)entitled"Loading Rates for Determining Bottom
Absorption Area" Using Percolation Tests"and herein adopted by reference shall both be used to
size SSTS infiltration areas using the larger sizing factor of the two for SSTS design.
Sec.58-73. Maintenance report
Licensed maintenance businesses 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 a8er any maintenance work is
performed.
A. Systems Not Operated Under A Management Plan. Owners of SSTS that are not operated
under a management plan or operating permit must inspect treatment tanks and remove solids if
needed every three years. Solids must be removed when their accumulation meets the limit
described in Minn. R. 7080.2450.
Sec. 58-74.- 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 SSTS's which comply with the requirements of this article,
as amended by the following special provisions and specific exceptions pertaining to island
properties:
(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 SSTS, 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 property or
within a watercraft docked or moored at the properly.
(2) SSTS 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 conditional use permit.
c. For each seasonal dwelling over 800 square feet in floor area.
13
d. For any dwelling or building which has water plumbed inside and has a sink,toilet,tub
or other plumbing fixture.
(3) Alternative SSTSpermitted. 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 of notification
that a noncompliant system exists.
f. Island septic systems are exempt from the five bedroom minimum sizing standards for
new construction and may be sized for actual water use.
Division 7. Enforcement
Sec. 58-75. Violation,False Statement
Any person, firm, corporation or other entity who violates any of the provisions of this Ordinance
or who makes any false statement on a Certificate of Compliance, shall be guilty of a
misdemeanor,punishable by imprisonment or a fine or both, as defined by law. Each day in
violation may constitute a separate violation.
Sec.58-76. Other Remedies
In the event of a violation of this Ordinance, in addition to other remedies, the County or
Municipal Attorney may institute appropriate actions or proceedings to prevent, restrain, correct or
abate such violations.
Division 8. Fees
The Orono City Council shall from time to time establish fees for activities undertaken by the
Health Authority pursuant to this Ordinance. Fees shall be due and payable at a time and in a
manner to be determined by the Health Authority.
Division 9. Severability
If a provision or application of this Ordinance is held invalid,that invalidity shall not affect the
validity of other provisions or applications of this Ordinance.
SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this 13 th day of Aug•,2018 on a vote of 5 ayes and 0 nays by the
City Council of Orono, Minnesota.
�a
AT"TEST:
���7'Y�/ �
a Carlson,City Clerk Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspaper the week of�, 2018.
15