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Mora City Zoning Code

CHAPTER 155

SUBSURFACE SEWAGE TREATMENT SYSTEMS

§ 155.01 INTRODUCTION.

   This is chapter authorizes and provides for sewage treatment and soil dispersal in unsewered areas of the city. It establishes:
   (A)   Minimum standards for and regulation of individual (and mid-sized) sewage treatment systems (SSTS) in unsewered areas of the City of Mora. This chapter is at least as strict as the Kanabec County Subsurface Sewage Treatment System Ordinance, incorporating by reference minimum standards established by Minnesota Statutes and Administrative Rules of the Minnesota Pollution Control Agency;
   (B)   Requirements for issuing permits for installation, alteration, repair or expansion of SSTS;
   (C)   Requirements for all SSTS permitted under the revised Minnesota Rules, Chapters 7080 and 7081 to be operated under an approved management plan;
   (D)   Standards for upgrade, repair, replacement, or abandonment of SSTS;
   (E)   Penalties for failure to comply with these provisions;
   (F)   Provisions for enforcement of these requirements; and
   (G)   Promotes the health, safety and welfare of the public pursuant to the M.S. §§115.55, 145A.05, 375.51, 394.21 through 394.37, and 471.82 and in furtherance of city policy stated in the city's Comprehensive Plan and the city's Shoreland Zoning Ordinance.
(Ord. 426, passed 11-18-2014)

§ 155.02 DEFINITIONS.

   For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY. The City of Mora, Kanabec County, Minnesota.
   DEPARTMENT. The Community Development Department of the city or its successor agency.
   SSTS. Subsurface sewage treatment system(s).
(Ord. 426, passed 11-18-2014)

§ 155.03 PURPOSE AND AUTHORITY.

   (A)   Purpose and intent. The purpose of this chapter shall be to provide minimum standards for individual subsurface sewage treatment systems (SSTS) and the treatment and dispersal including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety; and to prevent or eliminate the development of public nuisances.
   (B)   Authority. This chapter is adopted pursuant to M.S. § 115.55; M.S. §§ 145A.01 through 145A.08; M.S. § 375.51; or successor statutes, and Minnesota Rules, Chapters 7080, 7081, 7082 and 7083; or successor rules.
(Ord. 426, passed 11-18-2014)

§ 155.04 GENERAL PROVISIONS.

   (A)   Scope. This chapter regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the city's applicable 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 chapter or by a system that has been permitted by the MPCA.
   (B)   Jurisdiction. The jurisdiction of this chapter shall include all lands within the city.
   (C)   City administration. The Department shall administer the SSTS program and all provisions of this chapter. At appropriate times, the city shall review and revise and update this chapter as necessary. The city shall employ or retain under contract qualified and appropriately licensed professionals to administer and operate the SSTS program. The standards and ordinance of the jurisdiction of the city may be administratively and technically more restrictive than Kanabec County's Subsurface Sewage Treatment Ordinance.
   (D)   Validity. The validity of any part of this chapter shall not be affected by the invalidity of any other parts of this chapter where the part can be given effect irrespective of any invalid part or parts.
   (E)   Liability. Any liability or responsibility shall not be imposed upon the department or agency or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any onsite or cluster treatment system regulated under this rule by reason of standards, requirements, or inspections authorized hereunder.
(Ord. 426, passed 11-18-2014)

§ 155.05 GENERAL REQUIREMENTS.

   (A)   Existing permits. Unexpired permits which were issued prior to the effective date shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system ownership.
   (B)   SSTS on lots created after January 23, 1996. All lots created after January 23, 1996 must have a minimum of two (2) soil treatment and dispersal areas that can support trenches, seepage beds, mounds, and at-grade systems as described in Minnesota Rules 7080.2200 through 7080.2230 or site conditions described in Minnesota Rules 7081.0270, Subp. 3 through 7.
   (C)   SSTS capacity expansions. Expansion of an existing SSTS also must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this chapter at the time of the expansion.
   (D)   Failure to protect groundwater. An SSTS that is determined not to be protective of groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subp. 4B shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this chapter within twelve (12) months of receipt of a notice of noncompliance.
   (E)   Imminent threat to public health or safety. An SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Chapter 7080.1500, Subp. 4A shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this ordinance within ten (10) months of receipt of a notice of noncompliance.
   (F)   Abandonment. Any SSTS, or any component thereof, which is no ionger intended to be used, must be abandoned in accordance with Minnesota Rules 7080.2500,
   (G)   SSTS in floodplains. SSTS shall not be located in afloodwayand 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 Minnesota Rules 7080.2270 and all relevant local requirements are met.
   (H)   Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of Federal Regulations (hereinafter "CFR"), Title 40, Part 144, are required by the federal government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR Title 40, Part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures.
   (I)   SSTS practitioner licensing. 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 the Minnesota Pollution Control Agency (hereinafter "MPCA") in accordance with Minnesota Rules, Chapter 7083 except as exempted in 7083.0700.
   (J)   Prohibitions. Any surface discharging system must be permitted under the National Pollution Discharge Elimination program by the MPCA.
(Ord. 426, passed 11-18-2014)

§ 155.06 SSTS STANDARDS.

   (A)   Standards adopted by reference. The city hereby adopts by this reference Minnesota Rules Chapters 7080 and 7081 in their entirety as now constituted and from time to time amended. This adoption does not supersede the city's right or ability to adopt local standards that are in compliance with M.S. § 115.55.
   (B)   List of adopted standards. All new and upgraded subsurface sewage treatment systems for individual dwelling shall be sized for Type I dwelling
   (C)   Determination of hydraulic loading rate and SSTS sizing. Either Table IX or Table IXa from Minnesota Rules 7080.2150, Subp. 3(E) and herein adopted by reference shall be used to determine the hydraulic loading rate and infiltration area for all SSTS permitted under this chapter.
   (D)   Compliance criteria for existing SSTS. SSTS built after March 31, 1996 or SSTS located in a shoreland area, wellhead protection area, or serving a food, beverage, or lodging establishment as defined under Minnesota Rules 7080.1100, Subp. 84 shall have a three (3)-foot vertical separation between the bottom soil infiltrative surface and the periodically saturated soil and/or bedrock. Existing systems that have no more than a fifteen percent (15%) reduction in this separation distance (a separation distance no less than 30.6 inches) to account for settling of sand or soil, normal variation of separation distance measurements and interpretation of limiting layer characteristics may be considered compliant under this ordinance. The vertical separation measurement shall be made outside the area of system influence but in an area of similar soil, Minnesota Rules 7080.1500, Subp. 4. All other system compliance shall be as defined in Minnesota Rules 7080.1500, Subp. 1-6.
   (E)   Holding tanks. Holding tanks may be used for single-family homes and other buildings with limited water use under the following conditions:
      (1)   The owner shall install a holding tank in accordance with Minnesota Rules 7080.2290.
      (2)   The owner shall maintain a valid contract with a licensed liquid waste hauler to pump and haul the holding tank to a licensed wastewater treatment facility.
      (3)   The holding tank shall be regularly pumped per a schedule agreed upon by the permitting entity and the licensed liquid waste hauler.
      (4)   The pumper shall certify each date the tank is pumped and the volume of the liquid waste removed and report to the permitting entity.
A property owner may request a variance from the standards as specified in this chapter pursuant to city policies and procedures.
   (F)   Variance requests. A property owner may request a variance from the standards as specified in this ordinance pursuant to city policies and procedures.
   (G)   Affected agency. Variances that pertain to the standards and requirements of the State of Minnesota must be approved by the affected state agency pursuant to the requirements of the state agency.
   (H)   Board of Adjustment. The City Council shall have the authority only to consider variances to horizontal setbacks from property lines, rights-of-way, structures, or buildings.
(Ord. 426, passed 11-18-2014)

§ 155.07 SSTS PERMITTING.

   (A)   Permit required. It is unlawful for any person to construct, install, modify, replace, or operate a subsurface sewage treatment system without the appropriate permit from the city.
   (B)   Permit. A 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, repair, or capacity expansion of a SSTS. The purpose of this permit is to ensure that the proposed construction activity is sited, designed, and constructed in accordance with the provisions of this chapter by appropriately certified and/or licensed practitioner(s).
   (C)   Activities requiring a permit. A permit is required for installation of a new SSTS, for replacement of an existing SSTS, or for any 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.
   (D)   Activities not requiring a permit. A permit is not required for minor repairs or replacement 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's design, layout, or function.
   (E)   Permit application requirements. Permit applications shall be made on forms provided by the Department and signed by the applicant or applicant's agent. The applications shall include the documents listed in division (E)(1) through (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 7080.1730
      (4)   Design Report as described in Minnesota Rules 7080.2430.
      (5)   Management Plan as described in Minnesota Rules 7082.0600. B. Monitoring and Disposal Contract.
   (F)   Application review and response. The Department shall review a permit application and supporting documents within fifteen (15) working days from the date of receipt of a satisfactorily completed application. Upon satisfaction that the proposed work will conform to the provisions of this chapter, the Department shall issue a written permit authorizing construction of the SSTS as designed. In the event that for any reason 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 Department shall complete the review of the amended application within fifteen (15) working days of receipt of the amended application. If the permit applications is incomplete or does not meet the requirements of this chapter the Department shall deny the application. A notice of denial shall be provided to the applicant, which must state the reason for the denial.
   (G)   Permit expiration. The permit is valid for a period of no more than one (1) year from its date of issue, unless it is extended in accordance with this section or construction has been completed satisfactorily, whichever is shorter. Satisfactory completion of construction shall be determined by receipt a signed certification that the construction or installation of the system was completed in substantial conformance to the approved design documents by a qualified employee of the Department or a licensed inspection business which is authorized by the Department and independent of the owner and the SSTS installer.
   (H)   Extensions and renewals. The Department may grant an extension of the permit if the construction has commenced prior to the original expiration date of the permit The permit may be extended for a period of no more than six (6) months.
   (I)   Suspension or revocation. The Department may suspend or revoke a construction permit issued under this section for any false statements, misrepresentations of facts on which the 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 iocation of the system, or otherwise change the original system's 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 permit is obtained.
   (J)   Operating permit. An operating permit shall be required for all systems installed under Minnesota Rules 7080.2290, 7080.2350 and 7080.2400 and Chapter 7081.
   (K)   Abandonment certification. The purpose of the system abandonment certification is to ensure that a treatment system no longer in service is abandoned within a reasonable time following decommissioning and in a manner that protects public health, safety, and water quality. It also terminates all permits associated with the system.
   (L)   Abandonment requirements.
      (1)   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 chapter shall be prohibited.
      (2)   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 Department.
      (3)   Abandonment shall be completed in accordance with Minnesota Rules 7080.2500. No prior notification to the Department of an owner's intent to abandon a system is necessary.
      (4)   A report of abandonment certified by the licensed installation business shall be submitted to the Department. The report shall include:
         (a)   Owner's name and contact information;
         (b)   Property address;
         (c)   The reason(s) for abandonment;
         (d)   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.
   (M)   Abandonment certificate. Upon receipt of an abandonment report and verification that the SSTS has been abandoned according to the requirements of this chapter, the Department shall issue an abandonment certificate. If the abandonment is not completed according the requirements of this chapter the city shall notify the owner of the SSTS of the deficiencies, which shall be corrected within thirty (30) calendar days.
(Ord. 426, passed 11-18-2014)

§ 155.08 MANAGEMENT PLANS.

   (A)   Purpose. The purpose of management plans is to describe how a particular SSTS is intended to be operated and maintained to sustain the performance required. The plan is to be provided by the certified designer to the system owner when the treatment system is commissioned.
   (B)   SSTS requiring management plans. Management plans are required for all new or replacement SSTS as described in Minnesota Rules 7080.210 to 7080.2400. The management plan shall be submitted to the Department with the permit application for review and approval. The Department shall be notified of any system modifications made during construction and the management plan revised and resubmitted at the time of final construction certification.
   (C)   Required contents of a management plan. Management plans shall include (Minnesota Rules, Chapter 7082.0600, Subp. 1):
      (1)   Operating requirements describing tasks that the owner can perform and tasks that a licensed service provider or maintainer must perform;
      (2)   Monitoring requirements;
      (3)   Maintenance requirements including maintenance procedures and a schedule for routine maintenance;
      (4)   Statement that the owner is required to notify the Department when the management plan requirements are not being met;
      (5)   Disclosure of the location and condition of the additional soil treatment and dispersal area on the owner's property or a property serving the owner's residence.
   (D)   Requirements for systems not operated under a management plan (Minnesota Rules, Chapter 7082.0100, Subp. 3.(L). SSTS that are not operated under a management plan or operating permit must inspect treatment tanks and remove solids if needed every three (3) years. Solids must be removed when their accumulation meets the limit described in Minnesota Rules 7080.2450.
(Ord. 426, passed 11-18-2014)

§ 155.09 COMPLIANCE MANAGEMENT.

   (A)   Compliance inspection.
      (1)   SSTS compliance inspections must be performed as defined in Minnesota Rules 7082.0700 Inspection Program for Subsurface Sewage Treatment Systems.
      (2)   All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors.
   (B)   New construction or replacement.
      (1)   Compliance inspections must be performed on new or replacement SSTS to determine compliance with Minnesota Rules Chapters 7080 or 7081. SSTS found not to be in compliance with Minnesota Rules 7080.1500, Subp. 4A or 7081.0080, Subp. 3 must be repaired or replaced within ten (10) months or as directed under M.S. Chapter 145A. SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained, monitored or otherwise managed according to the operating permit.
      (2)   It is the responsibility of the SSTS owner or the owner's agent to notify the Department two (2) calendar days prior to any permitted work on the SSTS.
      (3)   A certificate of compliance for new SSTS construction or replacement, which shall be valid for five (5) years, shall be issued by the Department if the system was built in accordance with the applicable requirements as specified in the construction permit.
      (4)   Certificates of compliance for new construction or replacement shall remain valid for five (5) years from the date of issue unless the Department finds evidence of noncompliance.
   (C)   Existing systems.
      (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; or
         (b)   Upon receipt of a complaint or other notice of a system malfunction.
      (2)   Compliance inspections for existing SSTS shall be reported on inspection report forms provided by the PCA. Compliance inspections of existing SSTS shall meet the requirements for Minnesota Rules, Chapter 7082.0700, and Subp. 4B. Vertical separation disputes must follow the procedure described in Minnesota Rules 7080.0700, Subp. 5.
      (3)   The certificate of compliance or notice of noncompliance must be submitted to the Department and the owner or owner's agent no later than fifteen (15) calendar days after the date the inspection was performed.
      (4)   Certificates of compliance for existing SSTS shall remain valid for three (3) years from the date of issue unless the Department finds evidence of noncompliance.
      (5)   Neither the issuance of permits, certificates of compliance nor notices of noncompliance as requested or issued shall be construed to represent a guarantee or warranty of the system's operation or effectiveness. Such certificates signify that the system in question is or has been designed and installed in compliance or noncompliance with the provisions of these standards and regulations.
(Ord. 426, passed 11-18-2014)

§ 155.10 ENFORCEMENT; VIOLATIONS.

   (A)   Cause to issue a notice of violation. Any person who violates any of the provisions of this chapter or who makes any false statement on a certificate of compliance shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both as defined by law.
   (B)   Notice of violation. The Department shall serve, in person or by mail, a notice of violation to any person determined to be violating provisions of this chapter. The notice of violation shall contain:
      (1)   A statement documenting the findings of fact determined through observations, inspections, or investigations;
      (2)   A list of specific violation(s) of this chapter;
      (3)   Specific requirements for correction or removal of the specified violation(s); and
      (4)   A mandatory time schedule for correction, removal, and compliance with this chapter.
   (C)   Prosecution. In the event of a violation of this chapter, in addition to other remedies, the city may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violations.
   (D)   State notification of violation, in accordance with state law, 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 pumper that is performed in violation of the provisions of this chapter.
(Ord. 426, passed 11-18-2014)

§ 155.11 FEES.

   From time to time, the city shall establish fees for activities undertaken by the Department pursuant to this chapter. Fees shall be due and payable at a time and in a manner to be determined by the Department.
(Ord. 426, passed 11-18-2014)

§ 155.12 INTERPRETATION.

   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes.
(Ord. 426, passed 11-18-2014)

§ 155.13 SEVERABILITY.

   If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.
(Ord. 426, passed 11-18-2014)

§ 155.14 ABROGATION AND GREATER RESTRICTIONS.

   It is not intended by this chapter to repeal, abrogate, or impair any other existing city ordinance, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(Ord. 426, passed 11-18-2014)