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ENVIRONMENT» ARTICLE I1. -ON-SITE SEWAGE DISPOSAL» DIVISION 1. GENERALLY»
DIVISION 1.GENERALLY
Sec. 58-41. Definitions.
Sec. 58-42. Statement of purpose.
Sec. 58-43.Adoption bv reference.
Sec. 58-44.Treatment reauired.
Sec. 58-45.Jurisdiction; compliance.
Sec. 58-46. Permits.
Sec. 58-47. Buildin4 permit applications.
Sec. 58-48. Conditional use aermit and zoning variance aqqlications.
Sec. 58-49. Subdivision aaalications.
Sec. 58-50. More restrictive desian and construction standards.
Sec. 58-51. System operation, use and maintenance.
Sec. 58-52. Special arovisions for Lake Minnetonka Islands.
Secs. 58-53-58-70. Reserved.
Sec. 58-41. 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.
Absorption area means the area on original soil below a mound that is designed to absorb
sewage tank effluent. The absorption area for trenches, seepage beds, and at grade systems is the
area in contact with the part of the distribution medium that is designed to absorb sewage tank
efFluent. "Absorbtion area" is the area to which setbacks are measured for property lines, welts and
the like.
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.
Compliance inspection means an evaluation, investigation, inspection, or other process for
the purpose of issuing a certificate of compliance 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.
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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
private inspector, including any official orders to repair or replace a noncompliant or failing ISTS.
Imminent threat to public health or safety("ITPH') means situations with the potential to
immediately and adversely affect or threaten public health or safety. At a minimum, "ITPH" includes
ground surface or surface water discharges and sewage backup into a dwelling 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 water, or
septage.
Privy means an outhouse, a cesspool enclosed by a building, typically not served with
running water.
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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
treatment 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 senes, §4, 2-10-1992; Ord. No. 147 2nd senes§§3-6, 5-13-1996;
Ord. No. 199 2nd se►ies, § 1(12.30(3)), 5-8-2000; Ord. No. 38 3rd series, § 1, 9-24-2007)
Cross referenc�Dsfinitions 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 se►ies, §4, 2-10-1992; Ord. No. 199 2nd series, § 1(12.30(1)), 5-8-2000;
Ord. No. 38 3rd senes, § 1, 9-24-2007)
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. The
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; Ord. No. 38 3rd series, § 1, 9-24-2007)
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; Ord. No. 38 3rd series, § 1, 9-24-2007)
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.
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��) 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:
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
compliant system will be required to connect to municipal 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.
�� 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)(8); Ord. No. 100 2nd senes, §4, 2-10-1992; Ord. No. 199 2nd senes, § 1(12.30(4)(B)), 5-8-
2000; Ord. No. 38 3rd series, § 1, 9-24-2007)
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 performing work on an ISTS without a permit. Construction relating to an ISTS that
does not require a permit are as follows:
(�) 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:
(�) 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.
�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. .
�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)
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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; Ord. No. 38 3rd senes, § 1, 9-24-2007)
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 upgrade or replacement. A sewage treatment system not meeting the requirements
of Minnesota Rules Chapter 7080, as amended, or the requirements of this article, whichever
is more restrictive, must be upgraded, at a minimum, at any time a building permit is required
for any improvements on, or use of, the property, subject to the following:
��) Any such system for which the city has previously issued orders requiring upgrade or
replacement of the system by December 31, 2007, shall not be subject to this
requirement until January 1, 2008.
�2) Any such system for which the city has previously issued orders requiring upgrade or
replacement of the system by December 31, 2010, shall not be subject to this
requirement until January 1, 2011.
(3) Regardless whether previous upgrade or replacement orders have been issued, this
upgrade or replacement requirement shall not apply when said building permit is for
regular maintenance or upkeep including but not limited to replacement of inechanical
equipment such as air conditioning, furnaces, water heaters, or water softeners, or for
re-roofing, re-siding or window replacement.
(�) 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.
�d) 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 permit 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; Ord. No. 38 3rd series, § 1, 9-24-2007)
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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(12.30(4)(G)), 5-8-2000; Ord. No. 38 3rd series, § 1, 9-24-2007)
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 existing residence or expandable to suit a five-bedroom residence
(750 GPD), whichever is greater.
�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; Ord. No. 38 3rd series, § 1, 9-24-2007)
Sec. 58-50. More restrictive design and construction standards.
All ISTS permit 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:
(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.
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�� Plot plan. A scale drawing of the entire lot showing the following:
�� 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.
$� 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.
a� Setbacks. The minimum setback distance requirements are as follows:
Feature Sewage Soil
Tank Treatment
feet Area
ater
su l well:
Dee well50 50
Shallow 50 100
ell
Wetland 50 50
Lake:
General 5 5
develo men
75 75
Recreational
evelo men
Natural 150 150
environment
ributaries, 5 5
streams
Driveways, 10 10
sidewalks,
ecks and
ther
hardcover
Property 10 20
lines,
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buildings
and buried
pipes
Lawn 10 10
sprinkler
s stems
b� Sewage tanks. The minimum sewage tank size requirements are as follows:
Number Tank's �iquid Capacities
f (galtons)
Bedroom
or less 1,000 + 1,000 re ardless of arba e dis osal use
5 or 6 1,250 + 1,000 re ardless of arba e dis osal use
7, 8 or 9 1,500 + 1,500 re ardless of arba e dis osal use
10 or Sewage tanks shall be sized as other establishments per Minnesota Rules chapter 7080.
more
�� Pumping stations. In order to standardize installation and electrical connection
methods, the foliowing pumping station requirements must be met in addition to
Minnesota Rules chapter 7080:
�• Electrical connection.
�� A watertight, lockable electrical box must be mounted on a four-
inch-by-four-inch treated redwood or cedar post.
��� 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 electrical 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.
�� 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.
�� Pressure pipe exiting the pumping chamber must be laid on a
uniform slope up to the soil treatment area for proper drain back.
The pressure pipe must be sleeved inside a larger diameter pipe
for additional support if spanning ground 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.
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When the soil depth above the pressure distribution pipe is less
than 3'/z feet, insulation must be added to achieve an insulating
factor equal to 3'/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.
�� Trenches. Trenches must meet Minnesota Rules chapter 7080.
2� Mounds and at-grades. Mounds and at-grades must meet specifications
per Minnesota Rules chapter 7080.
(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.
(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.
�• 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 treatment 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; Ord. No. 38 3rd series, § 1, 9-24-2007)
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.
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(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 and/or 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.
(�) 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 strictly 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 pertorm the
following maintenance functions:
��) 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 copy of the most recent city
inspection report
(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.
��) Required pumping. The owner of each sewage tank or holding tank shall cause such
tank to be pumped for the removal of septage when required by one or more of the
following provisions:
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.
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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.
�� 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 onsite septic manager. Holding tanks
shall be provided with a sight and sound alarm to warn of possible overflow.
�2) Contractorrequired. All sewage 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 30 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 senes, §4, 2-10-1992; Ord. No. 147 2nd series, §§ 16, 17, 5-13-1996;
Ord. No. 199 2nd se�es, § 1(12.30(6)), 5-8-2000; Ord. No. 38 3rd senes, § 1, 9-24-2007)
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:
(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 property 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:
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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.
�� 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 systems are exempt from the five 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.
�� 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.
(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; Ord. No. 38 3rd senes, § 1, 9-24-2007)
Secs. 58-53-58-70. Reserved.
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