Jenkins City Zoning Code
CHAPTER 151
BUILDING STANDARDS
§ 151.01 PURPOSE, AUTHORITY, AND INTENT.
(A) The purpose of this subchapter regulating subsurface sewage treatment systems (SSTS), as defined in Minn. Rules part 7080.1100, as amended from time to time, is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS), as defined in Minn. Rules part 7080.1100, as amended from time to time, and midsized sewage treatment systems (MSTS), as defined in Minn. Rules part 7081.0020, as amended from time to time, including the proper location, design, and construction; their necessary modification and reconstruction; their operation, maintenance, and repair to protect surface water and groundwater from contamination by human sewage and waterborne household and commercial wastes; to protect the public’s health and safety, and eliminate or prevent the development of public nuisances pursuant to the authority granted under M.S. §§ 115.55, 145A.05, 375.51, 394.21 through 394.37, and 471.82, as they may be amended from time to time, the City Comprehensive Plan, and Chapter 150 of this code.
(B) The City intends that this subchapter will promote the following:
(1) The protection of lakes, rivers, and streams, wetlands, and groundwater in the city essential to the promotion of public health, safety, welfare, socioeconomic growth, and development of the city;
(2) The regulation of proper SSTS construction, reconstruction, repair, and maintenance to prevent the entry and migration of contaminants, thereby protecting the degradation of surface water and groundwater quality;
(3) 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; and
(4) The appropriate utilization of privy vaults and other non-water carried sewage collection and storage facilities.
(Ord. O-14-02, passed 12-8-2014)
§ 151.02 JURISDICTION AND SCOPE.
(A) The jurisdiction of this subchapter shall include all property within the municipal boundaries of the city.
(B) This subchapter regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the city’s jurisdiction including, but not necessarily limited to, individual SSTS and cluster or community SSTS, privy vaults, and other non-water carried SSTS. 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 subchapter or by a system that has been permitted by the MPCA.
(Ord. O-14-02, passed 12-8-2014)
§ 151.03 ADMINISTRATION.
(A) The City Planning and Zoning Department shall administer the SSTS program and all provisions of this subchapter.
(B) The city’s duties and responsibilities include, but are not be limited to, the following:
(1) Review all applications for SSTS;
(2) Issue all permits required in this subchapter;
(3) Inspect all work regulated in this subchapter;
(4) Investigate all complaints regarding SSTS;
(5) Issue certificates of installation, certificates of compliance, or notices of non-compliance where applicable;
(6) Enact enforcement provisions of this subchapter as necessary;
(7) Refer unresolved violations of this subchapter to the City Attorney;
(8) Maintain current records for each permitted SSTS, including all site evaluation documents, design documents, inspection documents, and other applicable documents;
(9) The city shall employ or retain under contract qualified and appropriately licensed professionals to administer and operate the SSTS program; and
(10) Submit annual reports to MPCA as required.
(C) The owner or owners of a single SSTS or a group of SSTS under common ownership must obtain an SDS permit from the agency according to Minn. Rules Chapter 7001, as amended from time to time, when all or part of proposed or existing soil dispersal components are within one-half mile of each other and the combined flow from all proposed and existing SSTS is greater than 10,000 gallons per day. For proposed SSTS, the flow must be determined according to Minn. Rules part 7081.0110, as amended from time to time. For existing SSTS, the flow is determined by the greater of the average maximum seven-day measured flow or flow amounts according to Minn. Rules part 7081.0110, as amended from time to time. The highest calculated value of the various methods in Table I under Minn. Rules part 7081.0130, subpart 1, as amended from time to time, must be used to make this determination, with no reduction allowed. An SDS permit is not required if a factor of safety is added to the design flow that results in a design flow that is in excess of the SDS permit threshold.
(Ord. O-14-02, passed 12-8-2014)
§ 151.04 LIABILITY.
The city’s involvement in administration of this subchapter does not create a special duty to any person, and further liability or responsibility shall not be imposed upon the city or any of its officials, employees, or other contract agents for damage resulting from the defective construction, operation, or abandonment of any onsite or cluster SSTS regulated under this subchapter or by reason of any standards, requirements, or inspections authorized by this subchapter hereunder.
(Ord. O-14-02, passed 12-8-2014)
§ 151.05 ALL SSTS.
Except as explicitly set forth in § 151.07, all provisions of this subchapter shall apply to any SSTS, regardless of the date it was originally permitted.
(Ord. O-14-02, passed 12-8-2014)
§ 151.06 EXISTING PERMITS.
Unexpired permits which were issued prior to the effective date of this subchapter shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system design, whichever is earlier.
(Ord. O-14-02, passed 12-8-2014)
§ 151.07 SSTS ON LOTS CREATED AFTER JANUARY 23, 1996.
All lots created after January 23, 1996, must have a minimum of two soil treatment and dispersal areas that can support Type I systems as defined by Minn. Rules part 7080.2200, as amended from time to time.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.08 UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT.
(A) SSTS capacity expansions. Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this subchapter at the time of the expansion.
(B) Bedroom addition. Any addition to a structure that includes bedroom(s) that requires a land use permit from the city shall require that the SSTS meet the required design flow according to Minn. Rules § 7080.1860, as amended from time to time, or be upgraded to meet Class I sizing for both the septic tanks and soil absorption area. Any required upgrades shall be completed within two years.
(C) Failure to protect groundwater. An SSTS that is determined not to be protective of groundwater in accordance with Minn. Rules part 7080.1500, subpart 4(B), as amended from time to time, shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this subchapter within ten months upon receipt of a notice of non-compliance and must meet Class I sizing requirements according to Minn. Rules part 7080.1860, as amended from time to time.
(D) Imminent threat to public health or safety. An SSTS posing an imminent threat to public health or safety shall be pumped within 24 hours and managed as a holding tank in accordance with Minn. Rules part 7080.1500, subpart 4(A), as amended from time to time, and said SSTS shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this subchapter within ten months upon receipt of a notice of non-compliance and must meet Class I sizing requirements according to Minn. Rules part 7080.1860, as amended from time to time.
(E) Abandonment. Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in accordance with Minn. Rules part 7080.2500, as amended from time to time.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.09 SSTS IN FLOODPLAINS.
SSTS shall not be 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 in Minn. Rules part 7080.2270, as amended from time to time, and all relevant local requirements are met.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.10 CLASS V INJECTION WELLS.
All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the 40 C.F.R. part 144, are required by the Federal Government to submit a UIC Class V inventory form to the Environmental Protection Agency as described in 40 C.F.R. part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.11 SSTS PRACTITIONER LICENSING.
(A) No person shall engage in site evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance, or pumping of SSTS without an appropriate and valid license issued by MPCA in accordance with Minn. Rules Chapter 7083, as amended from time to time, except as exempted in Minn. Rules part 7083.0700, as amended from time to time.
(B) An MPCA license is not required of an individual who is constructing a SSTS on land that is owned by the individual and functions solely as a dwelling for that individual pursuant to Minn. Rules part 7083.0700, as amended from time to time. Installation of the system shall be based upon a design by a licensed designer. The system shall be inspected before it is covered and a 24-hour notification to the city before such inspection occurs is required.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.12 PROHIBITIONS.
(A) Occupancy or use of a building without a compliant SSTS. It is unlawful for any person to maintain, occupy, or use any building intended for habitation or that contains plumbing fixtures that is not provided with a wastewater treatment system or that disposes of wastewater in a manner that does not comply with the provisions of this subchapter.
(B) Sewage discharge to ground surface or surface water. It is unlawful for any person to construct, maintain, or use any SSTS system regulated under this subchapter 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 under the National Pollutant Discharge Elimination System program by the MPCA.
(C) Sewage discharge to a well or boring. It is unlawful for any person to discharge raw or treated wastewater into any well or boring as described in Minn. Rules part 4725.2050, as amended from time to time, or any other excavation in the ground that is not in compliance with this subchapter.
(D) Discharge of hazardous or deleterious materials. It is unlawful for any person to discharge into any treatment system regulated under this subchapter any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.13 ALTERNATIVE LOCAL STANDARDS ADOPTED BY REFERENCE.
(A) Adoption of rule by reference.
(1) The city hereby adopts by reference the provisions of Minn. Rules Chapters 7080 through 7083 in their entirety, except as otherwise expressly modified by this subchapter.
(2) When “2006 version of Minn. Rules Chapter 7080” is utilized, the reference is to the rules effective April 3, 2006, otherwise the city is referencing the current rules in effect.
(3) All new construction or replacement of SSTS shall employ sewage tanks, distribution media, and treatment products which have been registered by the State Pollution Control Agency.
(B) Alternative local standards for new and existing SSTS. The city hereby adopts the 2006 version of Minn. Rules Chapter 7080 for all new and existing residential Type I, Type II, and Type III SSTS and SSTS that serve any food, beverage and lodging establishment under 2,500 gallons per day, provided the effluent discharge does not exceed the standards in Minn. Rule part 7080.2150, subpart 3(K), as amended from time to time.
(Ord. O-14-02, passed 12-8-2014)
§ 151.14 MINIMUM STANDARDS.
The following is a list of minimum standards applicable to SSTS.
(A) In no land use district shall a land use permit, shoreline alteration permit, minor subdivision, plat, conditional use permit, or variance be issued without a current certificate of compliance or certificate of installation that has not expired according to § 151.20(C).
(B) At least one cleanout at or above finished grade shall be installed between the structure and the septic tank with additional cleanouts at intervals not more than 100 feet.
(C) Class I sizing is required on all new construction. NEW CONSTRUCTION will be defined as placement of a new structure or replacement structure that is served by pressurized water.
(D) Minimum septic tank sizing shall be 1,500 gallons. This can be accomplished through a compartmentalized tank, multiple tanks in series, or a single existing 1,500 gallon tank with the use of an effluent filter for the last baffle. The filter must be of such a design that when the filter is removed from the filter housing, the flow of water leaving the tank is not allowed. The first tank or compartment shall be not less than 1,000 gallons in size and applies to new and replacement SSTS. Any additional septic tanks shall be a minimum of 1,000 gallons. All other tank sizing shall follow Minn. Rules part 7080.1930, as amended from time to time.
(E) Pump tank sizing shall follow Minn. Rules part 7080.2100, as amended from time to time.
(F) Soil pits shall be required during the construction inspection. The soil pit shall be excavated at the time of the inspection. The soil pit shall be dug by a backhoe or other acceptable method and be excavated to a depth that will allow the verification of redoximorphic features and the three feet of vertical separation as required. Location of soil pits shall be adjacent to the lowest trench or next to the down slope side of an elevated treatment area. The pit shall not impact the hydraulic performance of the ISTS. A certificate of installation will not be issued until the soils are verified.
(G) All dwellings or buildings that contain plumbing fixtures shall meet the required setbacks to the septic tank and soil absorption area. Accessory structures, including, but not limited to, decks, screen decks, porches, sheds, garages, and pole buildings shall not be required to meet said setbacks, provided that the tank(s) can be maintained properly and that the structure does not negatively impact the function of the system.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.15 COMPLIANCE CRITERIA FOR EXISTING SSTS.
For an SSTS built before April 1, 1996, and outside of areas designated as “SWF,” systems in shoreland areas, wellhead protection areas, or systems serving food, beverage, or lodging establishments, there must be at least two feet of vertical separation between the bottom of the dispersal system and seasonal saturation or bedrock.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.16 HOLDING TANKS.
Holding tanks may be allowed for the following applications: as replacements for existing failing SSTS and SSTS that pose an imminent threat to public health or safety, on lots with limitations that will not allow for the installation of a Type One SSTS, or for uses that are seasonal or intermittent in nature and will not use more than 150 gallons of water per day.
(Ord. O-14-02, passed 12-8-2014)
§ 151.17 VARIANCE.
(B) Variances that pertain to the standards and requirements of the state must be approved by the affected State Agency pursuant to the requirements of the State Agency. No permits will be issued by the city until all required State Agency variances have been approved.
(Ord. O-14-02, passed 12-8-2014)
§ 151.18 PERMIT REQUIREMENTS.
(A) Activities not requiring a SSTS permit. A SSTS permit is not required for minor repairs or replacements of system components that do not alter the original function of the system; change the treatment capacity of the system; change the location of the system; or otherwise change the original system design, layout, or function. Examples are, but not limited to, pumps, baffles, and effluent filters.
(B) Activities requiring a SSTS permit. A SSTS permit shall be obtained by the property owner or an agent of the property owner from the city prior to the installation, construction, replacement, modification, alteration, or capacity expansion, including the use of advanced treatment components of a SSTS. It is unlawful for any person to construct, install, modify, or replace a SSTS without the appropriate permit from the SSTS, including repair or replacement of components that will alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. The issuing of any permit, variance, or conditional use under the provisions of this subchapter shall not absolve the applicant of responsibility to obtain any other required permit.
(C) Permit requirements. SSTS permit applications shall be made on forms provided by the city and signed by the applicant or applicant’s agent, and must include the following information and documentation:
(1) Applicant name, mailing address, telephone number, and email address;
(2) Property identification number, property address, and legal description of property location;
(3) Site evaluation report, which shall be made on forms provided by the county;
(4) Design report, which shall be made on forms provided by the county;
(5) A management plan, as defined by Minn. Rules part 7082.0600, as amended from time to time; and
(6) Any additional information that may be required by the city to assure compliance with this subchapter.
(F) Permit expiration. A SSTS permit for a new SSTS is valid for a period of no more than two years from its date of issue. A SSTS permit for the replacement of SSTS failing to protect groundwater is valid for ten months. A SSTS permit for the replacement of SSTS that are imminent threats to public health is valid for ten months. Satisfactory completion of construction shall be determined by as-built drawings and a signed certification that the construction and installation of the system was completed in reasonable conformance with the approved design documents by a qualified employee of the city or a licensed inspection business, which is authorized by the city and independent of the owner and the SSTS installer.
(G) Transferability. A SSTS permit may be transferred to a new owner, provided there are no proposed changes to the SSTS design.
(H) Suspension or revocation. The city may suspend or revoke a SSTS permit issued under this section for any false statements, misrepresentations of facts on which the SSTS permit was issued, or unauthorized changes to the system design that alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system design, layout, or function. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the permit holder. If suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid SSTS permit is obtained.
(I) SSTS assessment requirements. For those SSTS without a management plan or operating permit according to the provisions of this subchapter, the following provisions apply.
(1) The owner of an ISTS or the owner’s agent shall regularly, but in no case less frequently than every three years, assess whether sewage tanks leak below the designed operating depth and whether sewage tank tops, riser joints, and riser connections leak through visual evidence of major defects and measure or remove the accumulations of scum, grease, and other floating materials at the top of each septic tank and compartment, along with the sludge, which consists of the solids denser than water.
(2) All solids and liquids must be removed by pumping from all tanks or compartments in which the top of the sludge layer is less than 12 inches from the bottom of the outlet baffle or transfer hole or whenever the bottom of the scum layer is less than three inches above the bottom of the outlet baffle or transfer hole. Total sludge and scum volume must not be greater than 25% of the tank’s liquid capacity. Removal of accumulated sludge, scum, and liquids from septic tanks and pump tanks must be through the maintenance hole. The removal of solids from any location other than the maintenance hole is not a compliant method of solids removal from a sewage tank, and this method does not fulfill the solids removal requirement of this part or a management plan. Liquid and solids removal from cleanout pipes is allowed for holding tanks.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.19 OPERATING PERMIT.
(A) An operating permit shall be required for the following SSTS:
(1) SSTS with high strength waste effluent standards that exceed Minn. Rules part 7080.2150, subpart 3(K), as amended from time to time;
(2) Holding tanks;
(3) SSTS serving three or more connections;
(4) Type Four and Type Five SSTS;
(5) SSTS that exceed a daily flow of 2,500 gallons per day; or
(6) MSTS designed under Minn. Rules Chapter 7081, as amended from time to time.
(B) Operating permits shall be a signed agreement between the city and the property owner and shall include monitoring, performance, mitigation, and reporting requirements.
(C) A valid operating permit shall be considered a certificate of compliance if that system is in compliance with the requirements of the operating permit.
(D) Owners of holding tanks shall provide the city, upon request, a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business, which guarantees the removal of the holding tank contents in a timely manner and prevents an illegal discharge in accordance with Minn. Rules part 7082.0100, subpart 3(G), as amended from time to time. This requirement is waived if the owner is a farmer who is exempt from licensing under M.S. § 115.56, Subd. 3(b)(3), as amended from time to time.
(E) Operating permits shall be valid for the specific term stated on the permit as determined by the Department.
(F) An operating permit must be renewed prior to its expiration. If not renewed, the city may require the system to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within 90 calendar days of the expiration date, the Department may require that the system be abandoned in accordance with § 151.08(E).
(G) Operating permits do not transfer to new property owners. New owners shall apply for an operating permit in accordance with this section. The city shall not terminate the current permit until 90 calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner’s application, the city may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee.
(H) A report shall be prepared and certified by the licensed inspection business or licensed service provider. The report shall be submitted to the city on or before the compliance reporting date stipulated in the operating permit as required. The report shall contain a description of all maintenance and servicing activities performed since the last compliance monitoring report as described in the operating permit.
(I) The city may suspend or revoke any operating permit issued under this section for any false statements or misrepresentations of facts on which the operating permit was issued.
(J) If suspended or revoked, the Department may require that the treatment system be removed from service, operated as a holding tank, or abandoned.
(K) At the Department’s sole discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.20 COMPLIANCE INSPECTION PROGRAM.
(A) Department responsibility. It is the responsibility of the city, or its agent, to perform installation inspections of new SSTS or upgrades of SSTS to assure that the requirements of this subchapter are met.
(1) All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors.
(2) The city shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system, in accordance with § 10.20. As used in this section, PROPERTY does not include a residence or private building.
(3) No person shall hinder or otherwise interfere with the city’s employees or agents in the performance of their duties and responsibilities pursuant to this subchapter. Refusal to allow reasonable access to the property by the city, in accordance with § 10.20, shall be deemed a separate and distinct offense.
(4) A signed winter agreement may be accepted in lieu of a compliance inspection for property transfers, permit applications, and designs to the city between November 1 and April 30, at the city’s sole discretion, provided the required information is submitted to the city by June 1 of the subsequent year. Failure to fulfill all of the obligations of the winter agreement shall be a violation of this subchapter.
(B) New construction or replacement.
(1) New installation inspections must be performed on new or replacement SSTS to determine compliance with Minn. Rules Chapters 7080 or 7081, respectively, as they may be amended from time to time, according to this section. SSTS found to be noncompliant with other applicable requirements must be repaired or replaced according to the city’s requirements.
(2) It is the responsibility of the SSTS owner or the owner’s agent to notify the city 24 hours prior to the installation inspection.
(3) If the installer provides proper notice and the city does not provide an inspection within one hour after an inspection time was set, the installer may complete the construction per the following: The installer shall submit photographs of the entire uncovered system and an as-built drawing with a certified statement that the installation of the SSTS met the appropriate standards of this subchapter within five working days of the installation.
(4) A certificate of installation for new SSTS construction or replacement shall be issued by the city within 30 days of inspection if the city has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit.
(5) The certificate of installation must include a certified statement by the certified inspector or qualified employee who conducted the inspection that the SSTS is or is not in compliance with requirements of this subchapter. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of non-compliance must be issued to the owner which includes a statement specifying those ordinance provisions with which the SSTS does not comply.
(6) No SSTS shall be placed into operation until a valid certificate of installation has been issued.
(7) Certificates of installation for new construction or replacement shall remain valid for five years from the date of issue unless the city finds evidence of non-compliance.
(C) Existing systems.
(1) Compliance inspections shall be required when any of the following conditions occur:
(a) When applying for a land use permit, shoreline alteration permit, minor subdivision, plat, land use map amendment, conditional use permit, or variance and the certificate of installation is more than five years old or the certificate of compliance is more than three years old;
(b) Within 90 days of conveyance of any real property and the certificate of installation is more than five years old or the certificate of compliance is more than three years old;
(c) Any time there is a change in use of the property being served by an existing SSTS which may impact the performance of the system; or
(d) At any time as required by this subchapter or the city deems appropriate such as upon receipt of a complaint or other notice of a system malfunction.
(2) Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by MPCA. The following conditions must be assessed or verified:
(a) Water-tightness assessment of all treatment tanks, including a leakage report;
(b) Vertical separation distance between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock including a vertical soils separation verification report unless soils have been verified according to Minn. Rules part 7082.0700, subpart 4B, as amended from time to time; and
(c) Sewage backup, surface seepage, or surface discharge, including a hydraulic function report.
(3) The certificate of compliance must include a certified statement by a qualified employee or licensed inspection business, indicating whether the SSTS is in compliance with the requirements of this subchapter. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of non-compliance must include a statement specifying those ordinance provisions with which the SSTS does not comply. A construction permit application must be submitted to the city if the required corrective action is not a minor repair.
(4) The certificate of compliance or notice of non-compliance must be submitted to the city no later than 15 calendar days after the date the inspection was performed.
(5) Certificates of compliance for existing SSTS shall remain valid for three years from the date of issue, unless the city finds evidence of non-compliance.
(D) Transfer of property. Any property on which a SSTS is located shall not be transferred or sold unless the parties to the transaction have complied with one of the following:
(1) A current certificate of compliance, as provided by division (C)(3);
(2) A winter agreement, as provided in division (A)(4) above;
(3) In the event the seller does not provide a certificate of compliance or compliant operating permit, the seller and buyer may establish a written agreement or contract to repair, replace, or upgrade the existing SSTS according to the terms of this subchapter; or
(4) The buyer may accept total responsibility of the existing SSTS and be responsible for the necessary upgrading. In the absence of a written agreement according to division (A)(4) above, the buyer shall be responsible for the necessary upgrading of said SSTS.
(E) Commercial SSTS.
(1) Septic tank effluent testing for carbonaceous biochemical oxygen demand (CBOD), biological oxygen demand (BOD), total suspended solids (TSS), nitrogen and oil/grease combination is mandatory for all SSTS that serve commercial establishments that serve food and beverages or have a flow that exceeds 1,000 gallons per day as part of any compliance inspection.
(2) Effluent testing shall not be required for commercial SSTS that have a current operating permit as of the date this subchapter is effective. If all provisions of the operating permit are met, the SSTS shall be considered to be in compliance.
(3) An SSTS with effluent testing that does not meet the standards in the Minn. Rules part 7080.2150, subpart 3(K), as it may be amended from time to time, shall be upgraded within three years to meet said standards and be placed on an operating permit as provided in this subchapter.
(F) Vertical separation reduction. Minn. Rules part 7080.1500, subpart 4(D), as it may be amended from time to time, is hereby adopted, allowing a 15% reduction in vertical separation distance for settling of sand or soil, normal variation of measurements, and interpretations of the limiting layer for existing SSTS. This provision does not apply to § 151.17.
(Ord. O-14-02, passed 12-8-2014) Penalty, see § 151.99
§ 151.21 ENFORCEMENT.
§ 151.22 STATE NOTIFICATION OF VIOLATION.
The city shall notify the MPCA of any inspection, installation, design, construction, alteration, or repair of an SSTS by a licensed/certified person or any septage removal by a licensed maintainer that is performed in violation of the provisions of this subchapter. The city shall also notify the MPCA of any discovered straight pipes pursuant to M.S. § 115.55, Subd. 11, as it may be amended from time to time.
(Ord. O-14-02, passed 12-8-2014)
§ 151.23 RECORDS.
The city shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of non-compliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, operating permits, an annual list of all sewage tanks installed in the city sorted by licensed installation businesses, and other records the city deems relevant to a particular system.
(Ord. O-14-02, passed 12-8-2014)
§ 151.24 ANNUAL REPORT.
The city shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year.
(Ord. O-14-02, passed 12-8-2014)
§ 151.25 FEES.
From time to time, the City Council shall set fees for activities and services undertaken by the city pursuant to this subchapter, by resolution. Fees shall be due and payable at a time and in a manner to be determined by the city.
(Ord. O-14-02, passed 12-8-2014)
§ 151.26 DISPUTE RESOLUTION.
Resolution of disputes between SSTS certified individuals regarding conflicting compliance inspections, determination of seasonally saturation of soils and other technical issues shall follow Minn. Rules part 7082.0700, subpart 5, as it may be amended from time to time.
(Ord. O-14-02, passed 12-8-2014)
§ 151.99 PENALTY.
Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.