HomeMy WebLinkAbout1985-11-27 Letter, Summary of Septic System InspectionsCITY of ORONO
Post Office Bo: 66•Crystal Bay, Minnesota S&W*Municipal Olt'ieir
On the North Shore o/ Lake Minnetonka
November 27, 1985
Larry and Diane Higgins
880 Dakota Avenue
Long Lake, MN 55356
Re: Septic System
Dear Mr. & Mrs. Higgins:
This letter is in response to your request for information documenting
the condition and history of the septic system serving your residence.
According to City file records, Permit No. 3317 was issued to Widmer
Bros, Inc. on 9/27/72 to construct a sewage disposal system for the new
residence at 880 Dakota Avenue. City records contain no information as to
the design or specifications for this system, other than a diagram ap-
parently submitted by the contractor showing the location of two septic
tanks in relation to the house. No inspection record exists, but this is
typical of City files for work done prior to 1975 or so, and we can only
assume that the system was inspected and approved when installed, and met
code requireme,:4-i; as they .,+el:c i_ypically enforced in that era.
The City next inspected this system on June 29, 1981 as part of the
regular inspection program which was initiated with the new septic system
ordinance in 1978. The 1981 inspection report noted that: a) The system
appeared to be substandard in some respects relating to design,
construction, or location, yet appeared to be operating properly; b) That
no inspection pipes were located at the tanks, and these must be added; c)
That limiting site factors on the property which potentially could affect
long term usage of septic systems on the site included small lot size, a
nearby wetland, and the drainage characteristics of the property. The
potential for failure was considered to be "medium", and capability for
future expansion was "fair". The report also noted specifically that the
ground was saturated near or within the area the drainfie-ld was presumed to
be located, but there was no surface discharge at that time. Although
probably not obvious to the layman, this saturation indicated that there
was a potential for the system to fail if the saturated condition persists
for extended periods of time.
The system inventory card indicates the tanks were pumped out in
Spring 1981 but notes no other pumpouts, and also indicates that "future
drainfield sites (would likely be) uphill".
BUILDING & ZONING - 473-7357 • ADMINISTRATION & FINANCE - 473-7358 • PUBLIC WORKS - 473.7359
ASSESSING
Larry and Diane Higgins
November 27, 1985
Page 2
It is clear to me now, and was clear to me when I inspected the property in
1981, that the system had been installed in an excavated walk -out swail,
that the drainfield was probably located in soils which originally had been
as deep as 6-8' below the surface, that an unusually large amount of run-
off water was directed right at the drainfield, and that the system likely
would need to be replaced eventually. However, Orono's code is written in
a manner such that, except for minor items such as inspection pipes, septic
systems are not required to be upgraded or replaced until such time that
they are found to be actually failing. "Failure" has been considered to be
occurring when a) there is actual discharge of untreated sewage effluent
to the ground surface or directly to a wetland or water body; and b) when
the plumbing backs up in the house because the system outside can accept no
more sewage. Neither of these conditions were known to exist during the
1981 inspection, hence orders to repair were not issued.
According to your statement, you (the Higgins') bought the property in
Fall of 1984. The City was not requested at that time to inspect the
system. For the record, note that Orono Code does not require a septic
system to be inspected or upgraded at the time of sale.
The system was not inspected again by the City until 1985. On
September 26, 1985, Inspector LyLe Oman completed an inspection of the
septic system, as part of a routine inspection of all the systems in the
Dakota Avenue neighborhood. He noted that the drainfield was discharging to
the surface and in a failing condition, and indicated that the system must
be repaired within 90 days.
The inspection report of September 26, 1985 was erroneously addressed
to Douglas Miller and was forwarded by the Post Office to him in Colorado.
On October 21, 1985, the report was returned to the City by Mrs. Miller who
indicated the Higgins' now owned the property, hence the address was cor-
rected and the report mailed to you shortly thereafter.
On Friday, November 22, 1985, I met with the property owners and with
site evaluator, Steve Shirmers, who indicated that a suitable drainfield
system could likely be installed at the south side of the house, requiring
a pump in the system and likely using pressure distribution.
It appears that at the time you purchased the property in the Fall of
1984, the City had not issued repair orders to the Millers (except that the
1981 report indicated that they had to install inspection pipes in the
tanks) and had not informed the Millers of any immediate problem with the
system. Neither the Millers nor you requested that the City re -inspect the
system prior to the sale. Hence, the City cannot verify whether the system
wa- *.n the failing condition at the tima of sale, cannot verify whether the
Millers were aware of a surface discharge if one was occurring, and cannot
verify whether the Millers would have perceived of the discharge as a
"failure" if they knew it was discharging.
NO
Larry and Diane Higgins
November 27, 1985
Page 3
Mr. Higgins indicated to me that he noticed a discharge immediately
upon moving into the house last fall. If this is the case, perhaps you
should obtain legal counsel to review your purchase contract and determine
whet!�er you have legal recourse against the previous owner. In any case,
it is most likely that your system cannot be repaired until Spring, and you
are hereby granted an extension to July 1, 1986 to have repairs completed.
Please contact me if I can be of further assistance.
Sincerely,
Michael P. Gaffron,
Assistant Zoning Administrator