(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)

         (a)   Any time an application for a zoning permit is made for the addition of a bedroom on the property, or a variance is requested to an existing system: If a request for an additional bedroom or variance is received between November 1 and April 30, the county may issue a permit or variance immediately with the requirement that a compliance inspection be completed by the following June 1 and a certificate of compliance be submitted by the property owner by the following September 30. All other requests require a certificate of compliance prior to issuance of a permit.

         (b)   The SSTS does not comply with Minnesota Rules, Part 7080.1500, Subp. 4.B.;

         (c)   The SSTS is not determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Part 7080.1500, Subp. 4.A.

      (1)   No person shall engage in site evaluation, inspection, design, installation, construction, alternation, extension, repair, maintenance or pumping of SSTS without an appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter 7083, except as exempted in Part 7083.0700.

      (2)   Pressurized systems, mounds and Type III, IV or V systems shall not be constructed by anyone other than a licensed installer. All systems, whether constructed by a property owner or a licensed contractor, shall be inspected in accordance with this section. A license is not required for an individual who is constructing a system on land that is owned or leased by the individual and functions solely as a dwelling or seasonal dwelling for that individual. The SSTS shall be designed by a licensed business or certified individual. The individual shall provide to the Land and Water Resources Department a signed agreement which indemnifies and holds the county harmless from all losses, damages, costs and charges that may be incurred by the county due to the failure of the permittee to conform to and comply with the provisions of this ordinance.

         (a)   Operating permits will be issued for Type II holding tanks.

         (b)   When a permanent SSTS easement is placed on an adjacent property, the side or rear property line setback distance may be reduced or eliminated between the parcel with a residence or commercial use and the easement tract. In such SSTS easement situations, the side and rear yard setbacks shall be applied to the easement area.

         (a)   Where it can be documented that there is extremely low flow to the system which could result in winter freezing;

         (b)   Where there is no other building or system on the property where sewage could be combined and treated together;

         (c)   Existing lots of record which have no other alternative. When a holding tanks is permitted, it must be used under the following conditions.

            1.   The owner shall maintain a valid contract with a licensed SSTS- certified maintainer to pump and haul the holding tank to a permitted treatment facility. All land application of septage must be done in accordance with all local, state, and federal rules.

            2.   The holding tank shall be regularly pumped, no less frequently than bi-weekly or other regular schedule agreed upon with the Land and Water Resources Department.

            3.   The maintainer shall certify each date the tank is pumped, the volume of the liquid waste removed, and the treatment facility to which the waste was discharged, and report to the Land and Water Resources Department that the holding tank is pumped less frequently than biweekly or other schedule agreed upon with the Land and Water Resources Department.

            4.   The requirement to maintain a valid contract is waived if the owner is a farmer who is exempt from licensing under M.S. § 115.56, Subd. 3(b)(3), as it may be amended from time to time.   

         (a)   Zoning permit applications shall be made on forms provided by the County Planning and Zoning Department and signed by the applicant. Construction designs shall be complete and signed by an appropriately certified practitioner including the practitioner’s certification number and date of expiration.

         (b)   The applications shall include the documents listed in subsections (V)(3)(b)1. through (V)(3)(b)5. below:

            1.   Name, mailing address, telephone number and email address;

            2.   Property identification number and address or other description of property location;

            3.   Site evaluation report as described in Minnesota Rules, Part 7080.1730. Soil verification must be completed before approval of design;

            4.   Design report as described in Minnesota Rules, Part 7080.2430; and

            5.   Management Plan as described in Minnesota Rules, Part 7082.0600.

         (a)   The County Planning and Zoning Department shall refer the permit to the County Land and Water Resources Department. The County Land and Water Resources Department shall review a permit application and supporting documents. Upon satisfaction that the proposed work will conform to the provisions of this ordinance, the County Land and Water Resources Department shall issue a written notification that the Planning and Zoning Department may issue a permit authorizing construction of the SSTS as designed, in the event the applicant makes a significant change to the approved application, the applicant must file an amended application detailing the changed conditions for approval prior to initiating or continuing construction, modification or operation for approval or denial. The Planning and Zoning Department shall refer the amended permit to the County Land and Water Resources Department. The County Land and Water Resources Department shall complete the review of the amended application. If the permit application is incomplete or does not meet the requirements of this ordinance the County Land and Water Resources Department shall advise the County Planning and Zoning office to deny the application.

         (b)   A notice of denial shall be provided to the applicant by the County Land and Water Resources Department which must state the reason for the denial.

            2.   Permit expiration. The zoning permit for an SSTS system is valid for a period of no more than one year from its date of issue. Satisfactory completion of construction shall be determined by receipt of final record drawings and a signed certification that the construction or installation of the system was completed in reasonable conformance with the approved design documents by a qualified employee of the County Land and Water Resources Department or a licensed inspection business, which is authorized by the Land and Water Resources Department and independent of the owner and the SSTS installer.

         (a)   Owner name, mailing address, telephone and email address;

         (b)   Construction permit reference number and date of issue;

         (c)   Final record drawings of the treatment system; and

         (d)   The permit will be forwarded to the County Land and Water Resources Department for final approval.

      (1)   Operating permits shall be valid for the specific term stated on the permit as determined by the County Land and Water Resources Department.

      (2)   An operating permit must be renewed prior to its expiration. If not renewed, the system may be required to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within in 90 calendar days of the expiration date, the county may require that the system be abandoned in accordance with § 5.02(M)(5).

      (3)   The County Land and Water Resources Department shall notify the holder of an operating permit at least 90 calendar days prior to expiration of the permit. The owner must apply for renewal at least 30 calendar days before the expiration date.

      (4)   Application shall be made on a form provided by the County Land and Water Resources Department, including:

         (a)   Applicant name, mailing address and phone number;

         (b)   Reference number of previous owner’s operating permit;

         (c)   Any and all outstanding compliance monitoring reports as required by the operating permit;

         (d)   Certified treatment system inspection signed and/or sealed by a certified inspector, maintenance contractor or operator at the discretion of the County Land and Water Resources Department;

         (e)   Any revisions made to the operation and maintenance permit; and

         (f)   Payment of application review fee as determined by the County Land and Water Resources Department.

      (1)   The Department 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.

      (2)   Notice of suspension revocation and the reasons for revocation shall be conveyed in writing to the owner.

      (3)   If suspended or revoked, the County Land and Water Resources Department may require that the treatment system be removed from service, operated as a holding tank, or abandoned in accordance with § 5.02(M)(5).

      (4)   At the County Land and Water Resources Department’s discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions.

      (1)   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.

      (2)   A monitoring report shall be prepared and certified by the licensed service provider. The report shall be submitted to the County Land and Water Resources Department on a form provided by the Department 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:

         (a)   Owner name and address;

         (b)   Operating permit number;

         (c)   Average daily flow since last compliance monitoring report;

         (d)   Description of type of maintenance and date performed;

         (e)   Description of samples taken (if required), analytical laboratory used and results of analyses;

         (f)   Problems noted with the system and actions proposed or taken to correct them; and

         (g)   Name, signature, license and license number of the licensed professional who performed the work.

         (a)   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 or any system component for any purpose under this ordinance shall be prohibited.

         (b)   Continued use of a treatment tank where the tank is to become an integral part of a replacement system or a sanitary sewer system requires the prior written approval of the County Land and Water Resources Department and a written statement by an appropriately certified and licensed SSTS contractor.

         (c)   An owner of an SSTS must retain an SSTS contractor business to abandon all components of the treatment system within 60 calendar days of certification of a new system. Abandonment shall be completed in accordance with Minnesota Rules, Part 7080.2500. No prior notification of the Land and Water Resources Department of an owner’s intent to abandon a system is necessary.

         (d)   A report of abandonment certified by the licensed contractor business shall be submitted to the County Land and Water Resources Department. The report shall include:

            1.   Owner’s name and contact information;

            2.   Property address;

            3.   System construction permit and operating permit;

            4.   A copy of the MPCA Abandonment Form;

            5.   The reason(s) for abandonment; and

            6.   A brief description of the abandonment methods used, description of the system components removed or abandoned in place, and disposition of any materials or residuals.

         (b)   SSTS compliance inspections must be performed:

            1.   To ensure compliance with applicable requirements;

            2.   To ensure system compliance before issuance of a permit for addition of a bedroom unless the permit application is made during the period of November 1 to April 30, provided a compliance inspection is performed before the following June 1 and the applicant submits a certificate of compliance by the following September 30;

            3.   For all new SSTS construction, system upgrades or replacement; and

            4.   For an evaluation, investigation, inspection, recommendation or other process used to prepare a disclosure statement if conducted by a party who is not the SSTS owner. Such an inspection constitutes a compliance inspection and shall be conducted in accordance with Minnesota Rules, Chapter 7082.0700 using the SSTS inspection report forms provided by MPCA.

         (c)   All compliance inspections must be performed according to Minnesota Rules, Parts 7080 or 7081 and signed by licensed inspection businesses or qualified employees certified as inspectors.

         (d)   The County Land and Water Resources Department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph, “property” does not include a residence or private building.

         (e)   No person shall hinder or otherwise interfere with the County Land and Water Resources Department’s employees in the performance of their duties and responsibilities pursuant to this ordinance. Refusal to allow reasonable access to the property by the County Land and Water Resources Department shall be deemed a separate and distinct offense.

      (1)   It is the responsibility of the SSTS owner or the owner’s agent to notify the Department one calendar day prior to any permitted work on the SSTS. If the owner or owner’s agent provides proper notice and the County Land and Water Resources Department does not provide inspection within two hours after time set; construction may be completed according to the approved design. Inspection by the Department is recommended, if possible, to be conducted during construction for verification of design and proper installation. The licensed contractor shall then submit to the County Land and Water Resources Department within five working days: photographs of the system prior to covering; and record as-built drawing of the system on forms provided or approved by the County Land and Water Resources Department to include a certified statement that the work was installed in accordance with submitted design and that it was free from defects.

      (2)   A certificate of compliance for new SSTS construction or replacement, which shall be valid for five years, shall be issued by the County Land and Water Resources Department if the County Land and Water Resources Department has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit. The certificate of compliance shall become invalid if the County Land and Water Resources Department finds evidence of noncompliance.

      (1)   Compliance inspections shall be required when any of the following conditions occur:

         (a)   When a construction permit is required to repair, modify or upgrade an existing system;

         (b)   Any time there is an expansion of use of the building being served by an existing SSTS which may impact the performance of the system;

         (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; and/or

         (d)   In designated shoreland overlay districts, any time applying for a zoning permit.

      (2)   Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by MPCA. The inspection must be assessed in accordance with Minnesota Rules, Chapter 7082.0700, Subp. 4 including:

         (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 separation verification report; 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 ordinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must include a statement specifying those ordinance provisions with which the SSTS does not comply. A construction permit application must be submitted to the Land and Water Resources Department if the required corrective action is not a minor repair.

      (4)   The certificate of compliance or notice of noncompliance must be submitted to the Land and Water Resources Department and the property owner or the owner’s agent no later than 15 calendar days after the date the inspection was performed. The County Land and Water Resources Department may deliver the certificate of compliance or notice of noncompliance to the owner or the owner’s agent once the Department has received the receipt from the licensed inspection business.

      (5)   Certificates of compliance for existing SSTS shall remain valid for three years from the date of issue unless the County Land and Water Resources Department finds evidence of noncompliance.

         (a)   A compliance inspection must be completed prior to the closing date on the sale or transfer of all properties served by an SSTS. Either a certificate of compliance or a notice of noncompliance shall be issued. A notice of noncompliance shall indicate the presence of an imminent health threat or failing to protect ground water as defined in this section.

         (b)   Those properties receiving a notice of noncompliance for an imminent health threat must upgrade within ten months.

         (c)   For certificate of compliance situations: the certificate of compliance shall be filed with the County Property and Election Services Department along with the certificate of real estate value.

         (d)   For notice of noncompliance/non-imminent health threat situations: the notice of noncompliance shall be filed with the County Auditor along with the certificate of real estate value. An upgrade shall occur within five years.

         (e)   For imminent health threat situations: a certificate of compliance indicating an approved system has been installed or a zoning permit indicating an upgrade will occur within ten months and evidence of escrow account shall be filed with the County Property and Election Services Department along with the certificate of real estate value.

         (f)   Transactions occurring between November 1 and April 30: if the closing date on the sale or transfer of property occurs between November 1 and the following April 30, and the inspection cannot be completed, the transfer may occur with a stipulation that evidence of an escrow account be filed with the certificate of real estate value. A compliance inspection shall be completed and a certificate of compliance, notice of noncompliance or zoning permit submitted to the County Property and Election Services Department by the following June 1.

         (g)   Escrow account amount: the amount to be escrowed shall be:

            1.   The amount of the bid for the approved design used in obtaining the filed zoning permit; or

            2.   The annual average cost of a standard mound system as determined by the County Land and Water Resources Department.

         (h)   Exempt transactions: no compliance inspection is required if the sale or transfer involves the following circumstances (in subsections (II)(1)(h)1., (II)(1)(h)2. and (II)(1)(h)3. below, an exemption form shall be filed with the County Property and Election Services Department along with the certificate of real estate value):

            1.   The tract of land is without buildings or contains no dwellings or other buildings with plumbing fixtures;

            2.   The sale or transfer completes a contract for deed entered into prior to January 1, 1998. This subsection applies only to the original vendor and vendee on such a contract;

            3.   Any dwellings or other buildings with running water which are connected to a municipal treatment system; and

            4.   No certificate of real estate value need be filed with the County Property and Election Services Department, as per M.S. Chapter 272.115, as it may be amended from time to time.

         (a)   The applicant for any SSTS permit or compliance inspection may contest any or all the stipulations of said permit or report. This must be done in writing by providing relevant and detailed reasons why the Department should reconsider the stipulations.

         (b)   If the owner contests the stipulations, the Department shall review the stipulations and inform the owner of its decision in writing within 30 working days. The reasons behind the decision must be clearly documented whether the request is denied, or the stipulations are revised.

         (a)   If the dispute is between two contractors for design or inspection, the Department ruling will be final as to the interpretation of the limiting layer or other condition in question.

         (b)   If the dispute is between a contractor and the Department, the dispute resolution procedure described in Minnesota Rules, Chapter 7082.0700, Subp. 5B must be followed.

(Ord. 97, passed 7-21-2009; Ord. 98, passed 1-5-2010; Ord. 145, passed 4-6-2021; Ord. 162, passed 5-5-2025)

         (b)    A SWPPP shall be required providing the measures to be taken to control or manage runoff and erosion from such land disturbance listed in § 5.04(A)(2)(a) both during construction and after final stabilization of the site. No zoning permit, subdivision approval or permit to allow land-disturbing activities shall be issued until approval of this SWPPP by the MPCA. All SWPPPs shall be consistent with National Pollutant Discharge Elimination System (NPDES) permit requirements, and the filing or approval requirements of other regulatory bodies.

      (1)   Disturbs a total land surface area of 6,000 square feet or more;

      (2)   Involves excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material;

      (3)   Involves the laying, repairing, replacing or enlarging of an underground utility, pipe or other facility, or the disturbance of road ditch or grass swale for a distance of 300 feet or more; or

      (4)   Is a land-disturbing activity, regardless of size, that the county determines is likely to cause an adverse impact to an environmentally sensitive area or other property, or may violate any other erosion and sediment control standard set forth in this ordinance.

      (1)   Emergency work to protect life, limb or property; and

      (2)   Routine agricultural activity. Tilling, planting, harvesting and associated activities. Other agricultural activities are not exempt and including activities such as feedlots, storage sheds.

         (a)   Maintain predevelopment peak runoff rates for the one-year and two-year, 24-hour storm events;

         (b)   Maintain predevelopment peak runoff rates for the ten-year, 24-hour storm event. At a minimum, the storm sewer conveyance system shall be designed for this storm event. Low areas must have an acceptable overland drainage route with the proper transfer capacity when the storm event is exceeded;

         (c)   Provide a stable emergency overflow to safely pass the 100-year, 24-hour storm event or the 100-year ten-day snowmelt, whichever is greater;

         (d)   Discharges must have a stable outlet capable of carrying designed flow at a non-erosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or waterbody;

         (e)   The project shall use existing natural drainageways and vegetated soil surfaces to convey, treat, filter and retain stormwater runoff before discharge into public waters or a stormwater conveyance system. The applicant shall limit the impervious surface of the developed site or subdivision by incorporating design considerations identified in the Minnesota Stormwater Manual such as narrowing street widths, reducing parking lot space, reducing setbacks and driveways, maximizing open space while incorporating smaller lot sizes to conserve natural areas to help reduce the amount of stormwater runoff generated at the site; and

         (f)   Runoff from rooftops, driveways and other impervious areas shall be directed to pervious surfaces, where feasible, or unless the applicant can demonstrate the practice is likely to result in nuisance flooding and/or groundwater contamination.

         (a)   Infiltration volumes and facility sizes shall be designed using the procedures in Chapter 12 of the Minnesota Stormwater Manual.

         (b)   Design and placement of infiltration BMPs shall be done in accordance with the State Department of Health guidance called “Evaluating Proposed Stormwater Infiltration Projects in Vulnerable Wellhead Protection Areas”.

 

 

      (7)   Financial securities. The applicant may be required to provide security for the performance of the work described and delineated on the approved permit and related remedial work in an amount of $3,000 per gross acre ($6,000 for work done in special or impaired waters as determined by the county) or $1,500 for each single or two-family home, whichever is greater. This amount shall apply to the maximum acreage of soil that will be simultaneously exposed during the project’s construction. The form of the securities shall be one or a combination of the following to be determined by the county.

(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)

         (a)   The county may enter into arrangements with an SWCD, a watershed district if applicable, BWSR and other parties with respect to the creation and maintenance of, and access to, data concerning buffers and alternative practices under this section.

         (b)   The county will manage all such data in accordance with the Minnesota Data Practices Act and any other applicable laws.

         (a)   For waters shown on the buffer protection map requiring a 50-foot width buffer, the buffer width will be 50-foot average and 30-foot minimum width as provided in M.S. § 103F.48, Subd. 3, as it may be amended from time to time, as measured according to subsection (D)(2); and

         (b)   For waters shown on the buffer protection map requiring a 16.5-foot minimum width buffer, the buffer width will be 16.5 feet as provided in M.S. § 103F.48, Subd. 3, as it may be amended from time to time, and as measured according to subsection (D)(2).

         (a)   The width of any required buffer on land adjacent to a water requiring a 50-foot average width and a 30-foot minimum width buffer shall be measured from the top or crown of the bank. Where there is no defined bank, measurement must be from the edge of the normal water level as provided in M.S. § 103F.48, Subd.3(c), as it may be amended from time to time.

         (b)   The width of any required buffer on land adjacent to a water requiring a 16.5-foot minimum width buffer shall be measured in the same manner as for measuring the vegetated grass strip under M.S. § 103E.021, Subd. 6, as it may be amended from time to time, as provided in M.S. § 103F.48, Subd. 3(c), as it may be amended from time to time.

         (a)   The Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG);

         (b)   Common alternative practices adopted and published by BWSR;

         (c)   Practices based on local conditions approved by the SWCD that are consistent with the Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG); or

         (d)   Other practices adopted by BWSR.

         (a)   At any time during process set forth in subsections (E)(2) and (3), the landowner may provide documentation of compliance to the SWCD.

         (b)   Compliance determination: the SWCD will evaluate the available documentation, and/or evaluate and/or inspect the buffer and/or alternative practices to determine if the parcel is in compliance. Upon completion of the evaluation and/or inspection the SWCD shall issue a written compliance determination to the landowner, the county and BWSR. The SWCD may also issue a validation of compliance if applicable and requested by the landowner.

         (a)   On receipt of an SWCD notification of noncompliance, the county will issue the landowner a corrective action notice that will:

            1.   Include a list of corrective actions needed to come into compliance with the requirements of M.S. § 103F.48, as it may be amended from time to time;

            2.   Provide a timeline for complying with the corrective action notice;

            3.   Provide a compliance standard against which the county will judge the corrective action; and

            4.   Include a statement that failure to respond to this notice may result in the assessment of criminal, civil or administrative penalties.

         (b)   The county may send the landowner a combined corrective action notice and APO as provided in subsection (F)(2) so long as the combined notice/APO includes all the required elements of both.

         (c)   The county shall transmit the corrective action notice by either personal service to the landowner or by depositing the same in the U.S. mail. If service is made by U.S. mail, the document is deemed received three business days after the notice was placed in the U.S. mail. Failure of actual receipt of a corrective action notice that has either been personally served or served by depositing the same in the U.S. mail shall not be deemed a defense in an enforcement proceeding under subsection (F). The county shall also send a copy of the notice to the SWCD and BWSR.

         (d)   Counties may modify the corrective actions and timeline for compliance, in accordance with subsection (E)(2), to extend the compliance timeline for a modification that imposes a substantial new action or significantly accelerates the completion date for an action.

         (e)   At any time after receipt of a corrective action notice, the landowner may provide documentation of compliance to the county. In addition, the landowner may supply information to the county or the SWCD in support of a request to modify a corrective action or the timeline for compliance. On the basis of any such submittal or at its own discretion, the county may make a written modification to the corrective action notice or timeline for compliance. The county should also make a written determination documenting whether the noncompliance has been fully corrected. Any such modification of a compliance determination will be served on the landowner in the manner provided for in subsection (E)(3). The county shall provide the SWCD and BWSR a written copy of any modification made pursuant to this provision.

         (f)   The SWCD may, after an evaluation of the evidence documenting compliance submitted by the landowner, issue a written validation of compliance if requested by the landowner. Upon receipt by the county of a written compliance determination issued by the SWCD, the corrective action notice will be deemed withdrawn for the purpose of subsection (F), and the subject property will not be subject to enforcement under that section.

(Ord. 126, passed 10-17-2017; Ord. 160, passed 2-4-2025)