1g. City Code Amendment: Chapter 19 SSTS9
CITE OF
CHANNSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Jerritt Mohn, Building Official
DATE: May 23, 2011 e
SUBJ: Adoption of Ordinance Amending Chapter 19, Article IV,
Subsurface Sewage Treatment Systems, Chanhassen City Code
1
PROPOSED MOTION
"The Chanhassen City Council adopts the attached ordinance amending
Chapter 19, Article IV, of the Chanhassen City Code and approval of a
summary ordinance for publication purposes."
City Council approval requires a simple majority vote for the ordinance and a
4/5 vote for approval of the summary ordinance.
BACKGROUND
The City is amending the ordinance to follow County and State requirements for
subsurface sewage treatment systems (SSTS). Carver County adopted their
revised Ordinance 467 -2010 on May 17, 2011, which they have been working on
since 2007. Staff has been following and participating in the County process.
The City is proposing the adoption of the County SSTS ordinance by reference.
Staff has submitted the ordinance to the Commissioner of the Minnesota Pollution
Control Agency, MPCA, pursuant to Minnesota Rules, Chapter 7082.0050, subp.
2. A., for their review on May 13, 2011. Since we are following the Carver
County ordinance and their ordinance has been reviewed by the MPCA, staff does
not anticipate any issues. The ordinance may not become effective until June 13,
2011.
DISCUSSION
The City is amending the subsurface sewage treatment system regulations to
follow County and State requirements. The City has retained regulatory authority
for on -site sewage treatment systems with the objective of providing a more
timely administration of these requirements for property owners, contractors and
developers.
Web Site The ordinance provides definitions related to subsurface water treatment systems;
www.ci.chanhassen.mn.us provides purpose, intent, authority and definitions for subsurface water treatment
systems regulation; provides general provisions; establishes subsurface water
treatment systems standards; permits retroactivity provisions for subsurface water
treatment systems; provides upgrade, repair, replacement and abandonment
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
May 23, 2011
Page 2 of 6
standards for subsurface water treatment systems; requires subsurface water treatment systems
construction permits; requires subsurface water treatment systems management plans; provides
subsurface water treatment systems requirements; lists prohibitions; permits variance applications;
requires subsurface water treatment systems practitioner licensing; establishes administration
requirements; requires subsurface water treatment systems compliance inspection program; and
establishes enforcement procedures.
The City is adopting the Carver County Ordinance 67 -2010 with modifications to refer to the
City of Chanhassen as the implementing agency, as well as additional changes as specified in the
ordinance. These modifications to Ordinance 67 -2010 are shown below:
(1) With the exception of references to the "Department of Health ", all references to
"Department" are changed to "City."
(2) With the exception of references to the "County Auditor ", all reference to the "County" or to
"Carver County" are changed to `City."
(3) Section 52.031 G. is amended to read as follows: Minnesota Rules, Chapter 7080.2150,
Subpart 2, Table VII, is amended to include: Setbacks from the soil treatment and dispersal
area for above grade systems, including but not limited to: mound and at grade systems, will
be measured from the toe of the slope to any property line(s) and/or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to
slopes greater than 20 %. Setback of 50 feet from the SSTS to a bluff. Setbaek of 10 feet (2
(4) Section 52.031 H. is amended to read as follows: Minnesota Rules, Chapter 7080.2220,
Subpart 2, Item B, is amended to include: Setbacks from the soil treatment and dispersal area
for above grade systems, including but not limited to: mound and at grade systems, will be
measured from the toe of the slope to any property line(s) and /or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to
slopes greater than 20 %. Setback of 50 feet from the SSTS to a bluff. Sethaek of 10 fe et (20
feet in Shereland Areas) to an intereepter drain.
(5) Section 52.031 J. is amended to read as follows: Minnesota Rules, Chapter 7080.2230,
Subpart 2, Item C, is amended to include: Setbacks from the soil treatment and dispersal area
for above grade systems, including but not limited to: mound and at grade systems, will be
measured from the toe of the slope to any property line(s) and /or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to
slopes greater than 20 %. Setback of 50 feet from the SSTS to a bluff. S e k „r, 0 fe et (20
,
fro* S elan Ar s ) t m , t a
�.,.,� ... v.ava v.a.�uu � ii vu.,� �� uu iiicviv - arccnr
(6) Section 52.032 is amended to read as follows: SSTS must be designed and installed to
comply with the following minimum setback distances measured in feet:
Todd Gerhardt
May 23, 2011
Page 3 of 6
' (Minnesota Rules, Chapter 7080.17 10, Item B and Minnesota Rules, Chapter 4725)
2 (Minnesota Rules, Chapters 4725 and 4715)
3 (Minnesota Rules, Chapter 4715)
4 (Minnesota Rules, Chapter 7080.215 Table VII)
5 (Minnesota Rules, Chapter 7080.215 Table VII)
Soil
Treatment
Building
Feature
Tank(s)/ Sealed
and Dispersal
Sewer or
Privy
Area/
Supply Pipes
pp y p
Unsealed
Pri
Private, single family water
supply well with less than 50
feet of casing and not
50
100
50
encountering 10 feet of
impervious material.'
Any other private, single family
water supply well or buried
50
50
50
water suction pipe .2
Buried pipe distributing water
10
10
10
under pressure. 3
Structure(S)
10
20
-
10
Above grade
Property Lines and Road Right
10
systems will
_
of Ways.5
be measured
from the toe
of the slope.
Ordinary High Water mark of
150
150
-
Natural Environmental Lakes.
Ordinary High Water mark of
Recreational Development
75
75
-
Lakes and Protected Water
Courses.
Ordinary High Water mark of
50
50
-
General Development Lakes.'
Swimming Pool.
10
10
-
Slopes of 20% or greater.
20
20
-
Bluff.
(Average Grade 25% Slope and
50
50
has a 25' Rise in Elevation.)
Internepter- D
-
4-0
(20 For i Sharel.. d
Areas.)
' (Minnesota Rules, Chapter 7080.17 10, Item B and Minnesota Rules, Chapter 4725)
2 (Minnesota Rules, Chapters 4725 and 4715)
3 (Minnesota Rules, Chapter 4715)
4 (Minnesota Rules, Chapter 7080.215 Table VII)
5 (Minnesota Rules, Chapter 7080.215 Table VII)
Todd Gerhardt
May 23, 2011
Page 4 of 6
6 (When lot size prohibits meeting the required 10' setback from the toe of the slope, the 10'
setback may be measured from the absorption area, with Department approval and a survey
verifying the proposed setback. Said survey must be provided by the property owner at the
property owner's expense.)
7 (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120)
(7) Section 52.052 shall be deleted. Employing Ar-tifleial Drainage
IMF
NO ALAN
(8) Section 52.061 shall read as follows: An SSTS construction permit must be obtained by the
pr-e ^ agent of the r peFty owner a licensed contractor from the
Depa City prior to the installation, construction, replacement, modification, alteration,
repair, or capacity expansion of an 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 SSTS professional(s).
(9) Section 52.072 shall be amended to read as follows: An SSTS construction permit shall not
be transferred to a new property owner or different licensed SSTS installer. The
licensed SSTS installer must amend the SSTS construction permit in
accordance with this Article.
(10) Section 52.143 D. is deleted.
3 - .00 pm the day before an inspeetion or- r-einspeetion is r-equested.
Todd Gerhardt
May 23, 2011
Page 5 of 6
II
(11) Section 52.144 B. 1. is deleted.
(12) Section 52.167 B. is amended to read as follows: When a compliance inspection is required
and cannot be completed, due to frost conditions, during the period of November 1 to April
30, permits or land use application(s) pursuant to § 52.167 (A) can be issued provided an
escrow account is provided in the amount of 110 percent of the estimated cost for the
compliance inspection " °* � iix the r^ "" °r Coun Fee Sehed le . A compliance
inspection must be performed before the following June 1 and/or the SSTS is brought into
compliance by the following September 30.
(13) Section 52.169 A. 3. is amended to read as follows: If the seller fails to provide a
Certificate of Compliance, sufficient security must be established in the form of an escrow
account to assure the installation of a complying SSTS. The security, in the amount of 110
percent of the estimated cost for the SSTS improvement set feAh in the Caner- County F °°
c ad , shall be placed in an escrow with a licensed real estate closer, licensed attorney -at-
law, or federal or state chartered financial institution. The SSTS must be installed within the
time frame established in § 52.050 and § 52.051. After a complying SSTS has been installed
and a Certificate of Compliance issued, the escrow may be released
(14) Section 52.169 B. 6. is deleted. The sa4e °r trans is to the seller's spouse or- ex spouse
> ,
by t d °rt
(15) Section 52.169 C is amended to read as follows: All property conveyances subject to this
Article occurring during the period between November 1st and April 30th, and SSTS
compliance cannot be determined due to frozen soil conditions, shall have an escrow account
established in the amount of 110 percent of the estimated cost for the SSTS improvement
pursuant t the Gai=., c oun t y F°° Sehe dule The buyer is responsible to have the
Todd Gerhardt
May 23, 2011
Page 6 of 6
compliance inspection completed by the following June 1st by a licensed SSTS inspector. If,
upon inspection, the SSTS is found to be in compliance, the funds in escrow may be released.
If, upon inspection, the SSTS is found to be non - compliant, the SSTS shall be brought into
compliance within 10 months from the date of property transfer.
RECOMMENDATION
Staff recommends that City Council adopt the attached ordinance amending Chapter 19, Article
IV, of the Chanhassen City Code and approve the summary ordinance for publication purposes.
ATTACHMENT
1. Ordinance Chapter 19, Article IV, of the Chanhassen City Code.
2. Summary Ordinance for Publication Purposes.
3. Existing Chapter 19, Article IV.
4. Memorandum from The Carver County Environmental Services Department to the Carver
County Planning Commission and Town Boards dated April 13, 2011.
5. Carver County Ordinance 67 -2010.
gAplan \city code\2011 \cc memo 5 -23 -11 ssts ord.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING
CHAPTER 19 OF THE CHANHASSEN CITY CODE,
CONCERNING SUBSURFACE SEWAGE TREATMENT SYSTEMS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Chapter 19, Article IV of the City Code is amended to provide as follows:
SUBSURFACE SEWAGE TREATMENT SYSTEMS
Sec. 19 -66 Carver County Ordinance 67 -2010, Subsurface Sewage Treatment Systems Purpose,
Intent, and Authority, is hereby adopted by reference and incorporated herein subject to the
amendments setforth in this Article.
Sec. 19 -67 the following amendments to Carver County Ordinance 67 -2010 are adopted:
(1) With the exception of references to the "Department of Health ", all references to
"Department" are changed to "City."
(2) With the exception of references to the "County Auditor ", all reference to the "County" or to
"Carver County" are changed to `City."
(3) Section 52.031 G. is amended to read as follows: Minnesota Rules, Chapter 7080.2150,
Subpart 2, Table VII, is amended to include: Setbacks from the soil treatment and dispersal
area for above grade systems, including but not limited to: mound and at grade systems, will
be measured from the toe of the slope to any property line(s) and /or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to
slopes greater than 20 %. Setback of 50 feet from the SSTS to a bluff.
(4) Section 52.031 H. is amended to read as follows: Minnesota Rules, Chapter 7080.2220,
Subpart 2, Item B, is amended to include: Setbacks from the soil treatment and dispersal area
for above grade systems, including but not limited to: mound and at grade systems, will be
measured from the toe of the slope to any property line(s) and/or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to
slopes greater than 20 %. Setback of 50 feet from the to a bluff.
(5) Section 52.031 J. is amended to read as follows: Minnesota Rules, Chapter 7080.2230,
Subpart 2, Item C, is amended to include: Setbacks from the soil treatment and dispersal area
for above grade systems, including but not limited to: mound and at grade systems, will be
measured from the toe of the slope to any property line(s) and/or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to
slopes greater than 20 %. Setback of 50 feet from the SSTS to a bluff.
(6) Section 52.032 is amended to read as follows: SSTS must be designed and installed to
comply with the following minimum setback distances measured in feet:
' (Minnesota Rules, Chapter 7080.17 10, Item B and Minnesota Rules, Chapter 4725)
2 (Minnesota Rules, Chapters 4725 and 4715)
3 (Minnesota Rules, Chapter 4715)
4 (Minnesota Rules, Chapter 7080.215 Table VII)
5 (Minnesota Rules, Chapter 7080.215 Table VII)
6 (When lot size prohibits meeting the required 10' setback from the toe of the slope, the 10' setback may be
measured from the absorption area, with Department approval and a survey verifying the proposed setback.
Said survey must be provided by the property owner at the property owner's expense.)
' (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120)
2
Soil Treatment
Building Sewer
Feature
Tank(s)/
and Dispersal
or Supply
Sealed Privy
Area/ Unsealed
pipes
Privy
Private, single family water
supply well with less than 50 feet
50
100
50
of casing and not encountering
10 feet of impervious material.'
Any other private, single family
water supply well or buried
50
50
50
water suction pipe .2
Buried pipe distributing water
10
10
10
under pressure .3
Structure(S)
10
20
-
10
Above grade
Property Lines and Road Right
10
systems will
_
of Ways.5
be measured
from the toe
of the slope.
Ordinary High Water mark of
150
150
-
Natural Environmental Lakes. '
Ordinary High Water mark of
Recreational Development Lakes
75
75
-
and Protected Water Courses.'
Ordinary High Water mark of
50
50
-
General Development Lakes.'
Swimming Pool.
10
10
-
Slopes of 20% or greater.
20
20
-
Bluff.
(Average Grade 25% Slope and
50
50
has a 25' Rise in Elevation.)
' (Minnesota Rules, Chapter 7080.17 10, Item B and Minnesota Rules, Chapter 4725)
2 (Minnesota Rules, Chapters 4725 and 4715)
3 (Minnesota Rules, Chapter 4715)
4 (Minnesota Rules, Chapter 7080.215 Table VII)
5 (Minnesota Rules, Chapter 7080.215 Table VII)
6 (When lot size prohibits meeting the required 10' setback from the toe of the slope, the 10' setback may be
measured from the absorption area, with Department approval and a survey verifying the proposed setback.
Said survey must be provided by the property owner at the property owner's expense.)
' (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120)
2
(7) Section 52.052 shall be deleted.
(8) Section 52.061 shall read as follows: An SSTS construction permit must be obtained by a
licensed contractor from the City prior to the installation, construction, replacement,
modification, alteration, repair, or capacity expansion of an 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
SSTS professional(s).
(9) Section 52.072 shall be amended to read as follows: An SSTS construction permit shall not
be transferred to a new property owner or different licensed SSTS installer. The licensed
SSTS installer must amend the SSTS construction permit in accordance with this Article.
(10) Section 52.143 D. is deleted.
(I1) Section 52.144 B. 1. is deleted.
(12) Section 52.167 B. is amended to read as follows: When a compliance inspection is required
and cannot be completed, due to frost conditions, during the period of November 1 to April
30, permits or land use application(s) pursuant to § 52.167 (A) can be issued provided an
escrow account is provided in the amount of 110 percent of the estimated cost for the
compliance inspection. A compliance inspection must be performed before the following
June 1 and /or the SSTS is brought into compliance by the following September 30.
(13) Section 52.169 A. 3. is amended to read as follows: If the seller fails to provide a
Certificate of Compliance, sufficient security must be established in the form of an escrow
account to assure the installation of a complying SSTS. The security, in the amount of 110
percent of the estimated cost for the SSTS improvement, shall be placed in an escrow with a
licensed real estate closer, licensed attorney -at -law, or federal or state chartered financial
institution. The SSTS must be installed within the time frame established in § 52.050 and §
52.051. After a complying SSTS has been installed and a Certificate of Compliance issued,
the escrow may be released.
(14) Section 52.169 B. 6. is deleted.
(15) Section 52.169 C is amended to read as follows: All property conveyances subject to this
Article occurring during the period between November 1 st and April 30th, and SSTS
compliance cannot be determined due to frozen soil conditions, shall have an escrow account
established in the amount of 110 percent of the estimated cost for the SSTS improvement.
The buyer is responsible to have the compliance inspection completed by the following June
1st by a licensed SSTS inspector. If, upon inspection, the SSTS is found to be in compliance,
the funds in escrow may be released. If, upon inspection, the SSTS is found to be non-
compliant, the SSTS shall be brought into compliance within 10 months from the date of
property transfer.
3
Section 2. This ordinance shall be effective June 13, 2011 after its adoption and publication.
PASSED AND ADOPTED this 23 day of May, 2011, by the City Council of the City of
Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
11
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. ,
CHAPTER 19 OF THE CHANHASSEN CITY CODE,
WATERS, SEWERS AND SEWAGE DISPOSAL,
ARTICLE IV,
SUBSURFACE SEWAGE TREATMENT SYSTEMS.
This code amendment adopts by reference Carver County Ordinance 67 -2010, Subsurface
Sewage Treatment Systems with certain amendments. The purpose of this code amendment is to
provide purpose, intent, authority and definitions for subsurface water treatment systems regulation;
provide general provisions; establish subsurface water treatment systems standards; permit
retroactivity provisions for subsurface water treatment systems; provide upgrade, repair,
replacement and abandonment standards for subsurface water treatment systems; require subsurface
water treatment systems construction permits; require subsurface water treatment systems
management plans; provide subsurface water treatment systems requirements; list prohibitions;
permit variance applications; require subsurface water treatment systems practitioner licensing;
establish administration requirements; require subsurface water treatment systems compliance
inspection program; and establish enforcement procedures. The ordinance provides specific
exceptions and modifications to Carver County Ordinance 67 -2010.
A printed copy of Ordinance No. is available for inspection by any person during
regular office hours at the office of the City Manager /Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 23 day of May,
2011, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager /Clerk
(Published in the Chanhassen Villager on )
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Chanhassen, Minnesota, Code of Ordinances >> - CITY CODE >> Chapter 19 - WATER, SEWERS
AND SEWAGE DISPOSAL >> ARTICLE IV. - INDIVIDUAL SANITARY SEWAGE TREATMENT
SYSTEMS >>
Editor's note —
ARTICLE IV. - INDIVIDUAL SANITARY SEWAGE TREATMENT SYSTEMS
Ord. No. 289, adopted Feb. 8,
1999, effectively repealed art. IV, §§ 19-
66-19-84, and added a new art. IV, §§ 19- 66- 19 -76. Former art. IV pertained to similar subject matter and
derived from Ord. No. 10 -13, adopted Jan. 26, 1987 and Ord. No. 168, adopted Apr. 27, 1992.
Sec. 19 -66. - General.
Sec. 19 -67. - Standards for health, safety, and environmental preservation.
Sec. 19 -68. - Permits.
Sec. 19 -69. - Inspections.
Sec. 19 -70. - Property transaction standards for individual sewage treatment systems.
Sec. 19 -71. - Failing and noncomplying systems.
Sec. 19 -72. - Maintenance.
Sec. 19 -73. - Abandonment of onsite sewage systems and connections to community sewer services
Sec. 19 -74. - Administration and enforcement.
Sec. 19 -75. - Violations and penalties.
Sec. 19 -76. - Variances.
Secs. 19- 77- 19 -95. - Reserved.
Sec. 19 -66.- General.
(a)
Intent. The improper design, location, installation, use, and maintenance of individual sewage treatment systems
adversely affects the public health, safety, and general welfare by the discharge of inadequately treated sewage.
The city does herein provide the minimum requirements for the design, location, installation, use, and maintenance
of individual sewage treatment systems. The city, in adopting this article, does not guarantee or warrant that
compliance with the requirements herein will result in individual sewage treatment systems that are fail safe, but
considers that compliance with the requirements herein will result in individual sewage treatment systems with a
reasonable assurance of satisfactory performance when properly maintained.
(b)
Applicability. This article shall apply to the design, location, installation, use, and maintenance of individual sewage
treatment systems constructed, altered, extended, or repaired in the city.
(c)
Definitions. The following words and phrases, when used in this article, unless the context clearly indicates
otherwise, shall have the meanings described to them in this section and section 1 -2 of the City Code, City of
Chanhassen, Minnesota, in addition to those definitions contained in part 7080.0020 of the Minnesota Rules.
Department shall mean Community Development Department, Inspections Division.
(d)
Compliance.
(1)
No person shall inspect, design, locate, install, construct, alter, extend, repair, use, maintain, or perform site
evaluations for any individual sewage treatment system, except in full compliance with this article and standards
adopted herein.
(2)
No person shall allow effluent from any septic tank, soil treatment system, or any individual sewage treatment
system to be discharged to the ground surface, abandoned well, or bodies of surface water, or into any rock or
soil formation the structure of which is not conducive to purification of water by filtration, or into any well,
agricultural tile, or other excavations in the ground.
(3)
No person shall discharge products containing hazardous waste and /or hazardous substances to an individual
sewage treatment system other than normal amounts of household products and cleaners designed for
household use. Substances not intended for household cleaning, including solvents, pesticides, flammables,
photo finishing chemicals, and dry cleaning chemicals must not be discharged to the system.
(e)
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Conditions. Violation of any condition imposed by the city on a license, permit, or variance shall be deemed a
violation of this article and subject to the penalty provisions set forth in this article.
(f)
False information. Omission of any information may constitute grounds for the denial of the license, permit, or
variance applied for, or the suspension or revocation of an issued license, permit, or variance.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 19, 12 -8 -03)
Sec. 19 -67.- Standards for health, safety, and environmental preservation.
(a)
Standards adopted. Minnesota Rules Chapter 7080, Parts 7080.0020, 7080.0060, 7080.0065, 7080.0110,
7080.0115, 7080.0120, 7080.125, 7080.0130, 7080.0150, 7080.0160, 7080.0170, 7080.0172, 7080.0175,
7080.0176, 7080.0178, 7080.0179, 7080.0305, 7080.0310, 7080.0315, 7080.0600 and 7080.0700 relating to
individual sewage treatment systems are hereby adopted by reference and made a part of this article as if fully set
forth herein.
The above adopted rules are hereby amended as follows:
(1)
Minnesota Rules 7080.0130, subp. 3A is amended to read as follows:
All new systems shall require a multiple compartment septic tank or multiple tanks in series.
Table II
Number of
Bedrooms
Tank Liquid
Ca acit - Gallons
2 or less
1,125
3 or 4
1,500
5 or 6
2,250
7, 8, or 9
3,000
To increase tank liquid capacity, two or more separate tanks in series are permitted.
For ten or more bedrooms, the septic tanks shall be sized as an 'other establishment' as defined in
7080.0020, subp. 25. Multiple septic tanks are required consistent with the above Table II. The
department may require a water monitoring device be installed.
(2)
Holding tanks shall not be used as an individual sewage treatment system for new residential construction or for
improvements greater than 50 percent of the assessed value of the structure at the time of application for the
improvement.
(3)
Septic tanks shall be allowed as temporary holding tanks for new residential construction when the installation of
the treatment system is not possible because of weather conditions or for an existing building if an imminent threat
to public health (ITPH) exists. A pumping agreement, signed by the property owner and the licensed pumper, must
be filed with the department.
(4)
Permanent holding tanks shall only be allowed for pre- existing dwelling where a standard, alternative, other or
performance system cannot be installed.
(5)
Undeveloped lots of record on which a holding tank is the only practical means of sewage disposal are deemed
unsuitable for residential use.
(6)
Holding tanks shall not be installed on undeveloped lots of record for recreational use.
(7)
Performance systems shall only be allowed to correct an ITPH or a failing system on sites with limited capacity to
upgrade with standard technology, or to allow development on an existing lot of record that has limited capacity for
the use of standard technology.
(8)
Individual sewage treatment systems shall be designed and located as to comply with the following minimum
setback distances:
Feature
Septic
Soil
Tank
Treatment
A rea
Water supply well less than 50
50
100
feet and not encountering at
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least ten feet of impervious
material
50
50
Any other water supply well or
buried water suction pipe
Buried pipe distributing water
10
10
under pressure
Buildings
10
20
Property lines
10
10
The ordinary high water mark
150
150
of: Natural environment lakes
and streams
Recreational development lakes
75
75
and streams
General development lakes,
50
50
rivers and protected waters
Swimming pools
10
10
Slopes of 20 percent or more
20
20
Interceptor drains *20 feet in
10*
shoreland areas
(
Alternative, other or performance systems as defined in Minnesota Rules Chapter 7080.0172, 7080.0178 and
7080.0179 may be used only for the repair or replacement of existing nonconforming systems, on existing lots of
record, or as a new system if approved by the city building official with the following conditions:
a.
When a standard system, as defined in Minnesota Rules Chapter 7080.0065 to 7080.0170 and 7080.0600,
cannot be installed; and
b.
Reasonable assurance of performance of such system is presented to the department. The department may
require financial assurance including but not limited to escrow funds, letters of credit, or liens on property in
amounts sufficient to assure correction of a failing alternative, other or performance system; and
C.
The design of such system is first approved by the department; and
d.
Treatment and disposal of waste is in such a manner so as to protect the public health and general welfare; and
e.
Monitoring may be required through the installation of department approved monitoring devices at the time of
initial construction, or upon any alteration, repair, or extension of the system. The property owner shall be
responsible for the cost of installing monitoring equipment and subsequent laboratory analysis. The property
owner shall permit reasonable access by the department for the purpose of monitoring the system; and
f.
Such systems comply with all applicable requirements of these standards and with all local codes and
ordinances.
(10)
It shall be the responsibility of any person utilizing an alternative, other or performance sewage treatment system to
report to the department all discharges from a malfunctioning alternative, other or performance sewage treatment
system as soon as possible but no later than 18 hours upon knowledge of such discharge, and further abate such
discharge as soon as possible but no later than 48 hours.
(11)
The use of warrantied individual sewage treatment systems is prohibited.
(12)
Where conditions prevent the construction, replacement, alteration and /or repair of an individual sewage treatment
system on an existing developed parcel of real property, the department may reduce property line and building
setbacks and system sizing requirements provided said reduction does not endanger or unreasonably infringe on
adjacent properties and with the concurrence of the affected properties.
(13)
Not more than one dwelling, commercial, business, institutional, or industrial unit shall be connected to an existing
individual sewage system unless such multiple connections has been approved by permit.
(14)
Where the construction of additional bedrooms, the installation of mechanical equipment or other factors likely to
affect the operation of an individual sewage treatment systems can be reasonably anticipated, the installation of a
system sized for such anticipated need is required in the design and construction of said system.
(15)
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Individual sewage system sites must be identified before construction activities begin and staked or fenced to
prevent construction traffic from altering the soil conditions. If such traffic results in alteration of the soils, a revised
permit application proposing an alternative site must be submitted to the department along with the required soil
data and fees.
(16)
No additions, enlargements, improvements, or remodeling involving 50 percent or more of the structure, or
alterations that would effect the water use, such as bedrooms, or additions to living space (excluding such areas as
screen porches entry ways, decks, attics, patios, and nonhabitable space) shall be allowed until the sewage
treatment system has been determined to be both adequate and conforming or a permit for a new treatment
system has first been issued.
(17)
State license required. A state license applicable to the type of work being performed is required for any person,
business, firm, or corporation that conducts site evaluation, design, installation, maintenance, repair, pumping or
inspection on all or part of a sewage treatment system in the city. A license is not required for an individual who is a
qualified employee performing work as directed by the state or local government employer; an individual who
performs labor or services under a licensee; or a property owner who personally gathers information, evaluates, or
investigates the sewage treatment system on or serving the property to provide a disclosure as defined under
Minnesota Rules Chapter 7080.0020, subp. 12b.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 20, 12 -8 -03; Ord. No. 395, § 7, 5 -9 -05)
Sec. 19 -68.- Permits.
(a)
Permit required. No person, firm, or corporation shall install, construct, alter, extend, or repair an individual sewage
treatment system in the city without first obtaining a permit therefore from the department for each specific
installation, construction, alteration, extension, or repair. Such permits shall be valid for a period of 12 months from
the date of issuance.
(b)
Permit application requirements. No construction shall be allowed until the permit required for the individual septic
system has been issued.
Application for permits shall be made in writing on forms furnished by the department and shall be
signed by the licensed installer or their authorized agent.
(1)
Each application shall contain:
a.
Legal description of the property;
b.
Location description of the property;
C.
Name, address, and phone number of the property owner(s);
d.
Name, address and phone number of the licensee;
e.
Maximum number of bedrooms;
f.
Estimated water usage if the building is not a dwelling unit;
9•
List of water using appliances;
h.
Estimated depth of well, if known.
(2)
Each application shall be accompanied by:
a.
Two copies of a plot plan of the land drawn to scale showing:
1.
Boundary lines and setbacks;
2.
Proposed and /or existing buildings and recreational structures including but not limited to tennis courts,
swimming pools and hot tubs;
3.
Location of wells and water pipes;
4.
Location of septic tanks and pump tanks;
5.
Location of drainfield;
6.
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Location of building sewer;
7.
Location of distribution box(es) or drop boxes;
8.
Location of any animal confinement areas within 50 feet of septic tank or drainfield;
9.
Location of any water bodies located within 200 feet of septic tank or drainfield;
10.
Roads and driveway and parking areas;
11.
Land elevations;
12.
Bodies of water as well as wetlands.
b.
Two copies of a complete individual sewage system plan in detail to scale showing location, size and design of
all parts of the system to be installed, altered, repaired or extended, and the location of percolation and soil
borings performed for site evaluation.
C.
Two copies of the results of the site evaluation report prepared by a licensed designer I or designer 11.
d.
Any additional information that may be required by the department to assure compliance with this article.
e.
The site evaluation report shall be a description of the site's characteristics, including a soil evaluation based on
borings and percolation tests, location of borings and percolation tests and elevation in relationship to a
permanently fixed point.
f.
There shall be a minimum of two percolation tests and two soil borings performed on each proposed site.
9•
Applicants for sewage treatment system permits, site or subdivision approvals must submit soil test and
percolation test data that verify suitable conditions for two complete soil treatment systems.
(c)
Licensed designer responsibilities. All individual sewage treatment system designs shall be in compliance with this
article. Designs submitted to the city shall be of sufficient detail and to scale so as to allow adequate review for
compliance by the department.
(d)
Permit fees. All permit and permit renewal applications must be accompanied by the appropriate fee. The amount
of each permit, permit renewal fee, late fees or such other fees as may be needed for the administration of this
article, plus the method and time of payment thereof shall be established in chapter 4 of this Code.
(e)
Relation to other permits. No building permit will be issued until the individual sewage system permit when required
is approved and issued. No occupancy permit will be issued until the system has had final inspection approval.
(f)
Permit denied. If an application for a permit or permit renewal is denied, notice of denial shall be served on the
applicant by mail. The notice shall state the reasons for denial and inform the applicant of his right to request a
hearing as provided in subsection 19 -74(c) of this article.
(9)
Permit revoked. Permits issued under this article may be revoked upon written notice by the department when such
permit has been issued based upon erroneous or inaccurate data supplied by the applicant or designer or
erroneous interpretation of the law by the department or a building official.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 21, 12 -8 -03)
Sec. 19 -69.- Inspections.
Inspections relating to the repair, replacement or construction of a new individual sewage treatment
system shall be performed by the department or its authorized agent. These inspections shall include, but are
not limited by the following:
(1)
Site inspections to verify and evaluate soil and site conditions and to determine the suitability of soils and system
design.
(2)
Necessary investigations to determine compliance of existing systems.
(3)
For all new individual sewage treatment system construction and the repair or replacement of existing systems.
a.
Mound and at -grade systems shall require a minimum of four construction inspections:
1.
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When tanks are installed including all pumps and piping.
2.
When the soil under the mound has been roughed or scarified, but prior to placement of the sand fill. Enough
of the proposed sand fill must be present to be examined.
3.
After placement of rock and distribution piping but prior to cover.
4.
When the system is completed. Following completion, the installer shall submit to the city an as -built sketch
the system which indicates the location and dimensions to all system components.
b.
Trench and seepage bed systems shall require a minimum of three construction inspections:
1.
When tanks are installed including all pumps and piping.
2.
After placement of the distribution medium but prior to cover.
3.
When the system is completed. Following completion, the installer shall submit to the city an as -built sketch of
the system which indicates the location and dimensions to all system components.
C.
Installation inspections shall be made prior to covering any work with backfill.
d.
The licensed installer shall be responsible to notify the department before 4:00 p.m. on the day before an
inspection or reinspection is requested.
e.
Work which is backfilled prior to required inspection may be ordered to be uncovered whenever necessary to
determine compliance.
f.
If upon inspection, any part of the system is determined not to be in compliance with this article, written notice
shall be provided by the department or its authorized agent indicating the deficiency and the required correction
Noted deficiencies shall be properly corrected and reinspected before a certificate of compliance is issued.
9•
No system shall be placed or replaced in service until final inspection has been completed and the system
installation has been approved.
h.
The owner or occupant of a property shall be responsible to provide access at a reasonable time to the
department or its agent for the purpose of performing inspections required under this article.
i.
Additional inspections or evaluations may be specified for the repair or replacement of an existing system or
construction a new system at the time the permit is issued. These requirements shall be provided by the
department to the permittee at the time the permit is issued.
It shall be the responsibility of the licensed installer to ensure that the entire system is installed in strict
accordance with the design as approved. If the system cannot be constructed as designed, it shall be the
responsibility of the licensed installer to inform the department and to submit new or amended designs, approved
by the licensed system designer, to the department before completing construction. The permittee and the
licensee shall be responsible for the correction or elimination of all defects, and no system shall be placed or
replaced in service until all defects have been corrected or eliminated and a certificate of compliance has been
issued. No part of the system shall be covered until it has been inspected and /or approved by the department.
k.
Violations of this ordinance that necessitate follow -up inspection(s) will be subject to a reinspection fee. This
inspection charge shall be established in accordance with chapter 4 of the Chanhassen City Code.
(4)
Compliance inspection. If an inspection is conducted as part of a compliance inspection and /or the disclosure
required by M.S. § 115.55, subd. 6, such party must be licensed in accordance with MPCA rules and regulations
and the notice of compliance or noncompliance provided to the property owner must also be provided to the
department within 30 days of the inspection.
(5)
Fees. Fees for permits, inspections, or other services rendered under this article shall be established in chapter 4
of the Chanhassen City Code.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 22, 12 -8 -03)
Sec. 19 -70.- Property transaction standards for individual sewage treatment systems.
(a)
No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure which is
required to have an individual sewage treatment system is located, shall sell or transfer to another party said tract
of land, unless the following requirements are met:
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(1)
The seller of any property having an individual sewage treatment system must have a state licensed inspector or
designer I complete the MPCA sewage system compliance inspection form for existing sewage systems in
accordance with this article and the MPCA's "Inspection Manual for Existing Systems."
(2)
The seller must provide a copy of the completed sewage system disclosure form and the compliance inspection
form to any person who signs a purchase agreement. The disclosure form and compliance inspection form must
be provided to the buyer prior to the signing of the purchase agreement. The compliance inspection form shall
include all requirements for bringing the system into compliance with this article.
(3)
The seller or buyer of property that has a failing system that is an imminent threat to public health (ITPH) or
safety must have the system repaired or replaced within ten months of the inspection date. If the system is not
brought into compliance prior to the property transfer, funds sufficient to repair or replace the failing system shall
be placed in escrow.
(4)
The seller or buyer of property that has a failing system that is not an imminent threat to public health or safety
must have the sewage system upgraded to a complying system within three years of the date of the compliance
inspection. If the system is not brought into compliance prior to the property transfer, funds sufficient to repair or
replace the failing system shall be placed in escrow.
(5)
The sewage system compliance inspection form shall be filed with the county auditor along with the certificate of
real estate value. A copy of the inspection form must also be filed with the department within 30 days of the date
of the inspection.
(b)
Exempt transactions. The compliance inspection need not be completed if the sale or transfer involves the
following circumstances:
(1)
Tract of land is without buildings or contains no dwellings or other buildings with plumbing fixtures.
(2)
No certificate of real estate value need be filed with the county auditor, as per M.S. § 272.115.
(3)
The sale or transfer is to the seller's spouse or ex- spouse only. The sale or transfer may be by deed, through a
joint tenancy, of a testamentary nature or by trust document.
(4)
The transfer is a foreclosure or tax forfeiture.
(5)
The sale or transfer completes a contract for deed entered into prior to the effective date of this article. This
subsection applies only to the original vendor and vendee on such a contract.
(6)
Any dwellings or other buildings with running water are connected to a municipal wastewater or treatment
system.
(c)
Transactions occurring between December 1 and April 1.
(1)
If the transaction occurs between December 1 and the following April 1, and the compliance inspection cannot be
completed, as certified by a licensed inspector, the compliance inspection shall be completed and filed with the
department and county auditor by June 15 following the closing date.
(2)
The responsibility for filing the completed compliance portion of the inspection form in this type of transaction
shall be that of the buyer.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 22, 12 -8 -03)
Sec. 19 -71.- Failing and noncomplying systems.
(a)
Any individual sewage system determined to be failing or noncomplying by the department or by a compliance
inspection required by Minnesota Rules Chapter 7080 or this article and in violation of this article, shall be abated
and the failure and the failing system shall be satisfactorily repaired or replaced. A system determined to be failing
or noncomplying and an imminent public health threat must be brought into compliance within ten months. A
system determined to be failing or noncomplying but not a public health threat must be brought into compliance
within three years.
(b)
The department may allow a failing system to be restored to its original design rather than being fully reconstructed
in accordance with the standards set forth in section 19 -67 of this article if the department determines that such
restoration will abate the system's failure and reasonably assure satisfactory performance of the system as defined
by Minnesota Rules Chapter 7080 and this article.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 23, 12 -8 -03)
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Sec. 19 -72.- Maintenance.
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(a)
Pumping of septic tanks. The owner of any individual sewage treatment system shall properly pump and clean the
septic tank or tanks at least once every three years or sooner if necessary in order to prevent the sludge from
reaching any point closer than 12 inches from the bottom of the outlet baffle or the scum from reaching a point
closer than three inches above the bottom of the outlet baffle.
(b)
Sewage tank access. The owner or owner's agent shall install maintenance holes in sewage tanks in accordance
with Minnesota Rules Part 7080.0130, subp. 2.M, to allow for maintenance to take place through the maintenance
hole.
(c)
Licensed pumper responsibility. Pumpers shall have equipment capable of agitating septage sludge and thoroughly
removing sludge and scum from the septic tanks or holding tanks. Septage sludge shall be removed through the
septic tank manhole and not through inspection pipes. All septage removed from septic tanks or holding tanks shall
be removed from the site in sealed containers and disposed of in accordance with subsection 19- 72(c). The
pumper shall make reports monthly to the city reporting on the total number of systems pumped, address of site,
approximate volume pumped and location of septage disposal.
(d)
Disposal of septage. All septage removed from septic tanks or holding tanks shall be removed from the site in
sealed containers and shall be disposed of in accordance with state, federal or local requirements. If the septage is
to be disposed of into a municipally controlled sewage facility or into a metropolitan waste control commission
facility it shall be disposed of in a location and manner approved by said governmental authority.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 24, 12 -8 -03)
Sec. 19 -73.- Abandonment of onsite sewage systems and connections to community
sewer services.
(a)
Abandonment. When individual sewage systems are abandoned, all septic tanks, cesspools, and leaching pits
shall be pumped to remove all liquid, sludge and scum. The covers to all septic tanks, cesspools and leaching pits
shall be either collapsed or removed and tanks or cavities shall be filled with clean earth. The earth shall be
adequately mounded to allow for settling.
(b)
Connection. When sanitary sewer services are available all failing systems shall make connection immediately.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 25, 12 -8 -03)
Sec. 19 -74.- Administration and enforcement.
(a)
Duties of the department. The department shall be responsible for the administration and enforcement of this
article. The department's duties shall include but not be limited to the following:
(1)
Inspect new, repaired, or replaced individual sewage treatment systems and septage disposal sites located in
the city as provided in this article, issue certificates of compliance for new, repaired, or replaced systems, and
investigate complaints of violations of this article.
(2)
Recommend that legal proceedings be initiated by the city attorney to compel compliance with the provisions of
this article.
(3)
Advise, consult, cooperate with the public and other governmental agencies in the furtherance of this article.
(4)
Issue orders:
a.
To suspend or revoke permits issued under this article.
b.
To stop actions which constitute a violation of this article.
C.
To correct systems determined by the department to be in a state of failure or determined to be otherwise in
violation of this article.
d.
To cease and prevent from use any system which is operating in a manner creating hazard to public health,
safety or welfare.
(5)
Failure of the city to inspect the system shall not relieve or lessen the responsibility or liability of any person
owning, operating, controlling or installing any individual sewage treatment system.
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(b)
Administrative hearing. Any person wishing to appeal a departmental decision may request an administrative
hearing. The request shall be in writing stating the grounds for appeal and served personally or by registered or
certified mail on the department by four p.m. the fifth city working day following service of the departmental decision
in question. After receipt of an appeal request, the department shall set a time and place for the hearing. The
department shall reply as soon as possible, not to exceed five city working days of the receipt of the request for
hearing and identify a hearing time within 20 calendar days of the receipt of the request for hearing. If the
department fails to grant an administrative hearing or if after the hearing the person wishes to appeal the decision
reached as a result of the administrative hearing they may request a formal hearing as identified in subsection 19-
74(c).
(c)
Hearings. Whenever a formal hearing is requested in regard to an application, renewal, suspension or revocation of
a licensee or permit or as provided in subsection 19- 74(b), the procedure shall be governed by the following:
(1)
Hearing officer. The city council shall have the power to conduct public hearings pursuant to this section. By
resolution, the city council may appoint an individual learned in the law to be known as the hearing officer to
assist the council in the administration of the hearing or to conduct the hearing on behalf of the council. If the
individual conducts the hearing on behalf of the council, he shall submit to the city council in writing findings of
fact, conclusions, and recommendations, and the city council may adopt, modify or reject the report of the
hearing officer.
(2)
Hearing date. Upon receipt of request for a hearing, the city council shall set a hearing date which shall be set at
a time convenient for the council, but in no case earlier than ten days no later than 30 days exclusive of the day
of service, after the date of the receipt of request.
(3)
Notice of decisions. The city council shall notify the applicant or licensee in writing as to its decision within 90
days after the close of the hearing.
(4)
If the applicant or licensee fails to appear at the hearing, he shall forfeit any right to a public hearing before the
hearing officer.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 26, 12 -8 -03)
Sec. 19 -75.- Violations and penalties.
It is the responsibility of the owner of a failing individual sewage treatment system to notify the city and
submit a plan for the abatement of the discharge to the department. If the city becomes aware of a failing
individual sewage treatment system, the city shall require the following:
(1)
The owner of a failing system shall respond to the department within five working days of notification by the
department by submitting a plan for abating the discharge.
(2)
The owner of a failing individual sewage treatment system shall repair or replace the failing system consistent with
this article and Minnesota Rules Chapter 7080.
(3)
The city may require that the owner pump the septic tank as an interim abatement measure if the department
determines that the failing system is a threat to the health, safety, and welfare of the community.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 27, 12 -8 -03)
Sec. 19 -76.- Variances.
In any case where, upon written application by an applicant or the licensee it appears that by reason of
exceptional circumstances the strict enforcement of any provision of this article would cause undue hardship,
or that strict conformity with the article would be unreasonable, impractical, or not feasible under the
circumstances, and in order to promote the effective and reasonable application and enforcement of the
provisions of this article, the city council may grant a variance from the provisions of this article upon such
conditions as it may prescribe for individual sewage system management consistent with the general purpose
and intent of this article, provided that:
( r ,
The condition causing the hardship is unique to that property; and
(
The granting of the variance will not be contrary to the public interest or be dams 'g to rights or property of others;
(3)
Pursuant to Minnesota Rules 7080.0305, variances to decrease the three feet of vertical separation required
beneath the distribution medium and the saturated soil or bedrock must be approved by the commissioner of the
Minnesota Pollution Control Agency in accordance with Minnesota Rules 7080.0030, subp.3.
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(4)
Pursuant to Minnesota Rules 4715 and 4725, variances to decrease the required setbacks from buried water pipes
and water supply wells must be approved by the Minnesota Department of Health.
(Ord. No. 289, § 1, 2 -8 -99; Ord. No. 362, § 28, 12 -8 -03)
Secs. 19- 77- 19 -95.- Reserved.
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COUNTY OF CARVER
PUBLIC HEALTH AND ENVIRONMENT
Department of Environmental Services
April 13, 2011
TO: Carver County Planning Commission & Town Boards
FROM: The Environmental Services Department
SUBJECT: County Code Amendments — Subsurface Sewage Treatment System or "SSTS"
FILE #: PZ20110006
INITIATED BY: Minnesota Rules, Chapters 7080, 7081, 7082, and 7083
TYPE: Update Sewage Treatment System Regulations
PURSUANT TO: County Code, Chapter 52
LEGAL DESCRIPTION: County -wide
STAFF ANALYSIS:
Carver County Environmental Services Department and the Carver County Attorney's Office have drafted an
ordinance (Ordinance #67 -2010) amending the Carver County Code. The purpose of the draft language is to amend
Chapter 52, Sewage Treatment System.
2. The following is an overview of the proposed changes to the County Code, Chapter 52.
Minnesota Rules, Chapter 7080 (Individual Sewage Treatment Systems Program) was repealed in 2008 and was
divided into four separate chapters:
7080 - Design Standards for Individual Subsurface Sewage Treatment Systems
7081 - Design Standards for Midsized Subsurface Sewage Treatment Systems
7082 - Requirements for Local SSTS Programs
7083 - Subsurface Sewage Treatment Systems Licensing and Certification Program, Product
Registration Program, and Advisory Committee
The proposed draft of Carver County Code, Chapter 52 has been a work in progress since 2007. This document has
blended the requirements of Minnesota Rules, Chapter 7082, language from the Association of Minnesota Counties
Model Code, existing language from Chapter 52, and other ordinances from neighboring local units of government.
The Environmental Services Department has received feedback from numerous affected parties (including the
County Attorney's Office, Land Management, Contractor's, and local Cities and Townships) and has adjusted
sections accordingly. Please note: Due to the numerous changes required, the current Chapter 52 would be
repealed. The proposed Chapter 52 has sectionshvording underlined that is new from the current Chapter. Minor
changes are not marked, but references are included in parenthesis after the section to where the language
originated.
Counties are required to adopt an SSTS ordinance that complies with Minnesota Rules, Chapters 7080 -7083. The
2008 Rule revision set specific timeframes for adoption, counties were to adopt by February 2010 and cities and
townships had one year to adopt after the county. However, there were proposed amendments to the 2008 Rule and
local units of government expressed concern that their newly adopted ordinances could require amendments in the
near future. As a result, the State extended the deadline to 2012.
Z -1
OA- PZ20110006
Since then, the amendments have been adopted, and the affected language in Chapter 52 has been modified. If the
Planning Commission provides a recommendation for the County Board to consider the adoption of Ordinance
#67 -2010, the Ordinance could be effective for this construction season. Adoption would end the confusion for the
contractors that work in multiple counties (since a majority of the counties have already adopted the rule), reduce
staff time answering questions and interpreting the rules for property owners, realtors, and contractors because we
are "between rules ", a 15% reduction could be used for existing SSTS compliance inspections to the required 3' of
separation between the treatment area and the periodically saturated soils, and adoption now would avoid issues with
meeting the State's deadline of February 2012.
STATE CODE REQUIREMENT RECAP
A significant portion of the proposed amendments are intended to update Chapter 52 to correspond with mandated
requirements of Minnesota Rules, Chapters 7080 - 7083. Some of the required language is not new to Chapter 7080,
but it is a new requirement for all local ordinances.
The corresponding sections of the proposed Chapter 52 are located in parenthesis behind each bullet point.
SSTS Standards for New or Replacement SSTS
• Method to determine hydraulic loading rate and SSTS sizing. (52.033)
• Holding tank requirements and limitations. (52.034)
• SSTS construction in floodplains. (52.035)
• Class V injection wells. (52.036)
• SSTS construction permit application review and response. (52.067)
• SSTS management plan. (52.085 to 52.088)
• SSTS operating permit. (52.095 to 52.103)
• Conflicts of interest. (52.124)
• Certified statement on Certificate of Compliance for new or replacement SSTS. (52.166 D)
• Length of time a Certificate of Compliance is valid for new or replacement SSTS. (52.166 E)
SSTS Standards for Existing SSTS
Existing SSTS compliance triggers. (52.167 A)
Existing SSTS compliance inspection requirements. (52.167 C)
❖ Tank watertightness assessment. (52.167 C1)
❖ Soil separation assessment. (52.167 C2)
❖ Hydraulic functioning. (52-167C3)
❖ Compliance with Management Plan or Operating Permit. (52.167 C4 and 52.167 E)
❖ Certified statement. (52.167 D)
❖ Length of time a Certificate of Compliance is valid. (52.167 H)
Compliance criteria — based on the date of the installation and the location of the SSTS. (52.168)
General Requirements
• Two SSTS locations required for lots created after 1996. (52.042)
• Included flow determination to the list of items that the Board of Adjustment cannot grant variances.
(52.132 A)
• Exemptions to the SSTS business license requirements were expanded to match with Minnesota Rule.
(52.141 F - H)
• Responsibilities of licensed S STS designers, installers, maintainers, service providers, and inspectors were
revised to match Minnesota Rule. (52.142 to 52.146)
• Administration.
❖ Record keeping requirements. (52.156)
❖ Annual report. (52.157)
2 -2
OA- PZ20110006
CLARIFICATION RECAP
The majority of the amendments proposed below are recommendations from the AMC Model Ordinance and
modifications from the experience of staff to make a more complete ordinance.
The corresponding sections of the proposed Chapter 52 are located in parenthesis behind each bullet point.
Added Definitions (52.010)
■ Board of Adjustment.
■ Class V Injection Wells.
■ Cluster System.
■ County.
■ MPCA.
■ Subsurface Sewage Treatment System or "SSTS ".
■ State.
■ Treatment Level.
General Provisions
Language to limit conflict with other Carver County Code Chapters. (52.017)
When a State Disposal System Permit is required. (52.019)
Department Limitations.
❖ SSTS Operation and Effectiveness. (52.020)
❖ Validity. (52.021)
❖ Liability. (52.022)
Amendments to Minnesota Rule
• Expanded verification of compliance requirements for reuse of existing tank(s) in a replacement
SSTS. (52.031 A)
• Designer is to contact the Department before a design is completed when the technical requirements of
this Chapter cannot be met. (52.031 C)
■ Clarified minimum pump tank sizes. (52.031 D)
■ Exception to Carver County tank sizing requirements. (52.031 D)
■ Shallow tank installation requirements expanded to include replacement SSTS. (52.031 E)
■ Pump line must be sleeved to provide support and help prevent freezing. (52.031F)
■ Setbacks. (52.031 G, H, J)
• Property line and road right of way setbacks to be measured to the toe of the above grade
system.
• Bluff setback increased to match Zoning Code.
■ Entire area under an above grade system must have the surface roughened. (52.0311)
■ Minimum holding tank sizing was increased. (52.031K)
■ Limit the use of Type IV SSTS. (52.031 L)
■ Prohibit the use of Type V SSTS. (52.031 M)
■ Reduced compliance time frame to 10 months for property transfers. (52.031 N)
■ Clarified compliance triggers for existing SSTS. (52.0310)
■ Added requirements of an SSTS abandonment by a homeowner. (52.031 Q)
■ Maintainers are to submit a tank maintenance report for each SSTS. (52.031 R)
General Requirements
■ Retroactivity.
o Unexpired permits issued prior to adoption of revised ordinance, shall be governed by the
rules in effect at the time the permit was issued. (52.041)
Z -3
OA- PZ20110006
• SSTS Upgrade, Repair, Replacement.
o Compliance required within 10 months of a property transfer. (52.050)
• SSTS Construction Permit.
o Examples of activities that do not require a construction permit. (52.063)
o Failure to submit a compliance inspection for a property transfer will result in denial of future
land use or building permit applications. (52.064 B)
o Permit transferability. (52.072)
o Permit posting. (52.074)
• Prohibitions.
o Occupancy or use of a structure without a compliant SSTS. (52.120)
■ Variances must be obtained from the affected State Agency. (52.131)
■ Transfer of Properties. (52.169)
o Language to clarify exemptions to the compliance inspection. (52.169B)
❖ Added abandonment. (52-169132)
❖ Foreclosure or tax forfeiture applies only the first transfer. (To the bank or
government.) (52.169 134)
o Decreased the timeframe of compliance for properties that do not follow County Code.
(52.169 D)
■ Enforcement.
• Notice of Violation. (52.176)
• Interpretation. (52.179)
• Severability. (52.180)
PLANNING COMMISSION CONSIDERATION: If the Planning Commission concludes the public hearing and
provides a recommendation, the County Board would hold a public hearing in May to consider the adoption of
Ordinance #67 -2010.
2 -4
OA- PZ20110006
CARVER COUNTY, MINNESOTA
ORDINANCE 67 -2010
AMENDING CHAPTER 52, SEWAGE TREAMENT SYSTEM.
The Carver County Board of Commissioners Hereby Ordains:
Due to the numerous changes required, the current Chapter 52 would be repealed. The proposed Chapter 52 has
sections /wording underlined that is new from the current Chapter.
CHAPTER 52: SUBSURFACE SEWAGE TREATMENT SYSTEMS
PURPOSE, INTENT, AND AUTHORITY
§ 52.001 Purpose
The purpose of this Chapter is to establish minimum requirements for regulation of subsurface sewage treatment
systems (hereinafter "SSTS ") for the treatment and dispersal of sewage within the applicable jurisdiction of the
Department to protect public health and safety, groundwater quality and prevent or eliminate the development of
public nuisances. It is intended to serve the best interests of the County's citizens by protecting its health, safety,
general welfare, and natural resources.
§ 52.002 Intent
It is intended by the Carver County Environmental Services Department that this Chapter will promote the following:
A. The protection of lakes, rivers and streams, wetlands, and groundwater in Carver County essential to the
promotion of public health, safety, welfare, socioeconomic growth, and development of the County.
B. The regulation of proper SSTS construction, reconstruction, repair, and maintenance to prevent the entry and
migration of contaminants, thereby protecting surface water and groundwater from degradation.
C. 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.
D. The appropriate utilization of privy vaults and other non -water carried sewage collection and storage
facilities.
E. The provision of SSTS technical assistance and education, plan review, inspections, surveys, and complaint
investigations to prevent and control water -borne diseases, lake degradation, groundwater related hazards,
and public nuisance conditions.
§ 52.003 Authority
This Chapter is enacted pursuant to Minnesota Statutes, section 115.55 and 115.56; Minnesota Statutes, section
145A.01 through 145A.08; Minnesota Statutes, section 375.51; or successor statutes and Minnesota Rules, Chapter
7080, Chapter 7081, Chapter 7082, and Chapter 7083; or successor rules as they may be amended from time to time.
DEFINITIONS
§ 52.010 Definitions
The following words and phrases shall have the meanings ascribed to them in this section. If not specifically defined
in this section, terms used in this Chapter shall have the same meaning as provided in the standards adopted by
reference in § 52.030. Words or phrases that are not defined here or in the standards adopted by reference shall have
common usage meaning. For purposes of this Chapter, the words "must" and "shall" are mandatory, and the words
"may" and "should" are permissive.
Artificial Drainage: An SSTS that uses artificial drainage to lower the periodically saturated soil level to create the
required separation between the distribution media and the water table.
Page 1
Board of Adjustment: A board established by Carver County Zoning Code, Chapter 152 with the authority to order
the issuance of variances, hear and decide appeals from a member of the affected public, and review any order,
requirement, decision, or determination made by any administrative official charged with enforcing any Chapter
adopted pursuant to the provision of Minnesota Statutes, section 394.21 to 394.37, order the issuance of permits for
buildings in areas designated for future public use on an official map and perform such other duties as required by the
official controls
Class V Injection Well: A shallow well used to place a variety of fluids directly below the land surface, which
includes a domestic SSTS serving more than 20 people. The US Environmental Protection Agency and delegated state
groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain
requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells
and large-cqpaciiy cesspools are specifically prohibited (see 40 C.F.R. & 144 and § 146)
Cluster System: An SSTS under some form of common ownership that collects wastewater from two or more
dwellings or structures and conveys it to a soil treatment and dispersal system located on an acceptable site near the
dwellings or structures.
County: Carver County, Minnesota.
County Board: The Carver County Board of Commissioners.
Department: The Carver County Environmental Services Department.
MPCA: The Minnesota Pollution Control Agency.
Qualified Employee: An employee of the state or a local unit of government, who performs site evaluations or
designs, installs, maintains, pumps, or inspects SSTS as part of the individual's employment duties and is a certified
SSTS professional with specialty area endorsements applicable to the work being conducted.
Subsurface Sewage Treatment System or "SSTS ": A subsurface sewage treatment system includes individual
subsurface sewage treatment systems and midsized subsurface sewage treatmentsystems.
State: The State of Minnesota
Treatment Level: Treatment system performance levels defined in Minnesota Rules, Chapter 7083.4030 and Table
III for testing of proprietary treatment products. Minnesota Rules, Chapter 7083.4030 is hereby incorporated by
reference as amended from time to time
GENERAL PROVISIONS
§ 52.015 Scope
This Chapter regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and
management of all SSTS within the Department's applicable jurisdiction including, but not 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 County must 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 an SSTS that has been permitted by
the MPCA.
§ 52,016 Jurisdiction
The jurisdiction of this Chapter shall include all lands of the County except for incorporated areas that administer an
SSTS program by Ordinance within their incorporated jurisdiction, which is at least as strict as this Chapter.
52.017 Abrogation and Greater Restrictions
It is not intended by this Chapter to repeal, abrogate, or impair any other existing Carver County Chapters,
easements, covenants, or deed restrictions. Whenever any provision of this Chapter is found to be in direct conflict
with the provisions of any other Carver County Chapter, the Chapter containing the more restrictive requirements
shall govern.
Page 2
§ 52.018 County Administration
The County Environmental Services Department is authorized to administer the SSTS program and all provisions of
this Chapter. At appropriate times, the Department may review and request revisions to update this Chapter as
necessary. The Department may employ or retain under contract, qualified, and appropriately certified and/or
licensed SSTS professional(s) to administer and operate the SSTS program.
4 52.019 State Disposal System Permit
The owner or owners of a single SSTS or a group of SSTS under common ownership must obtain a State Disposal
System permit from the MPCA, 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_
SSTS serving establishments or facilities licensed or otherwise regulated by the State must conform to the
requirements of this Chapter.
52.020 SSTS Operation and Effectiveness
Neither the issuance of SSTS permits or certificates of compliance shall be construed to represent a guarantee or
warranty of the SSTS operation or effectiveness.
52.021 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.
52.022 Liability
No liabilfty or responsibility shall be imposed upon the Department or any of its officials, employees, contractors,
agents, or servants thereof, for damage resulting from a defective design, construction, operation, abandonment, or
misplacement of any onsite or cluster SSTS regulated under this rule by reason of standards, requirements, or
inspections authorized hereunder.
SSTS STANDARDS
§ 52.030 Standards Adopted by Reference
Minnesota Rules, Chapter 7080, Chapter 7081, Chapter 7082, and Chapter 7083, as they may be amended from time
to time, relating to SSTS are hereby adopted by reference and made part of this Chapter as if fully set forth herein,
except as modified by or inconsistent with provisions of this Chapter. This adoption does not supersede the County's
right or ability to adopt local standards that are in compliance with Minnesota Statutes, section 115.55.
§ 52.031 Amendments to the Adopted Standards
A. Minnesota Rules, Chapter 7080.1500, Subpart 6, is amended to include: An SSTS design that proposes to
reuse an existing tank(s) for a replacement SSTS must include the MPCA Tank Irate rity and Safety
Compliance form, which includes a verification that all tank and riser joints, riser connections, and -ipe
connections are watertight according to Minnesota Rules, Chapter 7080.2010, Subpart 1, Item A.
B. Minnesota Rules, Chapter 7080.1730, Item B, is amended as follows: dates of preliminary and field
evaluations must be dated within 12 months of the date of the SSTS construction permit application and
within 24 months of the SSTS installation.
C. Minnesota Rules, Chapter 7080.1730, Item F, is amended to include: the Department must be notified of any
technical requirements of this Chapter, Minnesota Rules, Chapter 7080, or Chapter 7081, that cannot be met
before the design is completed.
Page 3
D. Minnesota Rules, Chapter 7080.1930, Subpart 1, Table V "Septic Tank Liquid Minimum Capacities
(Gallons) ", is amended as follows:
Number
of
Bedrooms
Tank Size
With Multiple Compartments
or Multiple Tanks in Series
Tank Size
With Garbage Disposal
and/or Lift in the Basement
Pump Tank
2 or less
1500
2250
1000
3 or 4
2000
3000
1000
5 or 6
2250
3375
1500
7, 8, or 9
3000
4500
1500
SSTS with a valid Certificate of Compliance may not be required to meet the above sizing chart if the tank
capacity and soil treatment and dispersal system meet the current minimum State requirements for the
anticipated additional alg lons per day.
E. Minnesota Rules, Chapter 7080.2000, Item C, is amended as follows: The top of sewage tanks must not be
buried deeper than four feet from final grade. Exceptions may be made on a case by case basis for existing
uses with extenuating circumstances preventing a shallow burial, not to exceed the tank manufacturer's
maximum designed depth for the tank. The minimum depth of soil cover over the insulation on the top of the
tank is six inches.
F. Minnesota Rules, Chapter 7080.2 100, Subpart 2, Item B, is amended to include: The pump discharge line
must be sleeved with a 4 inch PVC pipe from the edge of the tank or maintenance hole to undisturbed ground.
G. Minnesota Rules, Chapter 7080.2150, Subpart 2, Table VII, is amended to include: Setbacks from the soil
treatment and dispersal area for above grade systems, including but not limited to: mound and at grade
systems, will be measured from the toe of the slope to any property line(s) and /or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to slopes greater
_ t h han 20 %. Setback of 50 feet from the SSTS to a bluff. Setback of 10 feet (20 feet in Shoreland Areas) to an
interceptor drain.
H. Minnesota R ules, Chapter 7080.2220, Subpart 2, Item B, is amended to include: Setbacks from the soil
treatment and dispersal area for above rags de systems, including but not limited to: mound and at rg ade
systems, will be measured from the toe of the slope to any property line(s) and/or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to slopes greater
than 20 %. Setback of 50 feet from the SSTS to a bluff. Setback of 10 feet (20 feet in Shoreland Areas) to an
interceptor drain.
I. Minnesota Rules, Chapter 7080.2220, Subpart 3, Item J, is amended as follows: The entire area that will
receive materials for a mound must be roughened by approved methods.
J. Minnesota Rules, Chapter 7080.2230, Subpart 2, Item C. is amended to include: Setbacks from the soil
treatment and dispersal area for above jzrade systems, including but not limited to: mound and at grade
systems, will be measured from the toe of the slope to any property line(s) and /or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to slopes greater
than 20 %. Setback of 50 feet from the SSTS to a bluff. Setback of 10 feet (20 feet in Shoreland Areas) to an
interceptor drain.
K. Minnesota Rules Chapter 7080.2290, Item D. is amended as follows: For a dwelling. the minimum holdin
tank size is 1500 gallons or 400 gallons times the number of bedrooms, whichever is greater. For other
establishments, the minimum holding tank size is 1500 gallons or at least five times the design flow,
whichever is greater. The required capacity of holding tank(s) in flood plain areas must be calculated
according to Minnesota Rules, Chapter 7080.2270, Subpart 10.
Page 4
L. Minnesota Rules, Chapter 7080.2350, is amended as follows: Type IV Systems may be allowed, with the
exception of those that would reduce the required 3 foot separation to the periodically saturated soil or to
downsize the required soil treatment and dispersal system. Type IV Systems installed prior to June 1, 2011
are exempt from this prohibition. When an advanced treatment device is added to an SSTS (new or existing),
pressure distribution must be provided in the soil treatment and dispersal system.
M. Minnesota Rules, Chapter 7080.2400, is amended as follows: Type V Systems are prohibited. Type V
Systems installed prior to June 1, 2011 are exempt from this prohibition.
N. Minnesota Rules, Chapter 7082.0100, Subpart 1, Item A, is amended as follows: An SSTS that fails to
protect groundwater, as described in Minnesota Rule, Chapter 7080.1500, Subpart 4, Item B, must be brought
into compliance within 36 months of the date of the Notice of Noncompliance, discovery by the Department
or within 10 months from the date of the property transfer, whichever is the earlier date.
O. Minnesota Rules, Chapter 7082.0700, Subpart 2, Item Al, is amended to include: Compliance inspections of
existing SSTS are required:
1. Before any permit or variance is issued for a property with an SSTS located in a Shoreland Area (1000
feet of a lake, pond, or flowage; or 300 feet of a river or stream, or the landward extent of a floodplain)
subject to the exceptions in Carver County Zoning Code, & 152.122.
2. When there is a change in the use of the property or structure(s) that would affect water use, including but
not limited to: a permit or variance to expand a structure for the purpose of a bedroom, home business,
contractor's yard, or daycare. The Certificate of Compliance must also certify that all components are
sized to current State minimum requirements for the additional bedroom or the change in use
3. When an SSTS construction permit is required to repair, modify, or upgrade an existing SSTS.
4. At the time of property sale or transfer, in accordance with § 52.169. Any evaluation, investigation,
inspection, recommendation, or other process used to prepare a disclosure statement, if conducted by a
party who is not the SSTS owner, constitutes a compliance inspection, and must be conducted in
accordance with Minnesota Rules, Chapter 7080.1500.
5. When there is a division of land pursuant to Carver County Zoning Code, § 152.035 (D).
6. During systematic lake or area wide SSTS surveys by the Department as described in § 52.043.
7. Any time that a building permit is applied for and no record of a soil treatment and dispersal system
exists.
P. Minnesota Rules, Chapter 7083.0700, Item B, is repealed.
Q. Minnesota Rules, Chapter 7083.0700, Item F, is amended as follows: An owner may abandon an SSTS on
property they own, if a final inspection is conducted by the Department or licensed SSTS professional. An
individual or business, independent of the owner, which abandons an SSTS, must be licensed as an SSTS
professional by the Minnesota Pollution Control Agency_
R. Minnesota Rules, Chapter 7083.0770 Subpart 2, is amended to include: Submit a tank maintenance report for
each SSTS to the Department and the property owner.
Page 5
§ 52.032 SSTS Setbacks
SSTS must be designed and installed to comply with the following minimum setback distances measured in feet:
(Minnesota Rules, Chapter 7080.1710, Item B and Minnesota Rules, Chapter 4725)
: (Minnesota Rules, Chapters 4725 and 4715)
' (Minnesota Rules, Chapter 4715)
"(Minnesota Rules, Chapter 7080.215 Table VII)
5 (Minnesota Rules, Chapter 7080.215 Table VII)
6 (When lot size prohibits meeting the required 10' setback from the toe of the slope, the 10' setback may be measured from the absorption area, with Department
approval and a survey verifvine the proposed setback. Said survey must be provided by the property owner at the property owner's expense.)
7 (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120)
Page 6
Tank(s)/
Soil Treatment and
Building Sewer or
Feature
Sealed
Dispersal Area/
Supply Pipes
pp y p
Privy
Unsealed Privy
Private, single family water supply well with less
than 50 feet of casing and not encountering 10
50
100
50
feet of impervious material.'
Any other private, single family water supply
50
50
50
well or buried water suction pipe.'
Buried pipe distributing water under pressure.'
10
10
10
Structure(s)4
10
20
-
10
Property Lines and Road Right of Ways
10
Above grade systems will be
_
measured from the toe of the
slope.
Ordinary High Watermark of
150
150
-
Natural Environmental Lakes.'
Ordinary High Watermark of
Recreational Development Lakes
75
75
-
and Protected Water Courses.'
Ordinary High Watermark of
50
50
-
General Development Lakes.'
Swimming Pool.
10
10
-
Slopes of 20% or greater.
20
20
-
Bluff.
(Average Grade 25% Slope and has a
50
50
25' Rise in Elevation.)
10
Interceptor Drains.
-
(20 feet in Shoreland Areas.)
-
(Minnesota Rules, Chapter 7080.1710, Item B and Minnesota Rules, Chapter 4725)
: (Minnesota Rules, Chapters 4725 and 4715)
' (Minnesota Rules, Chapter 4715)
"(Minnesota Rules, Chapter 7080.215 Table VII)
5 (Minnesota Rules, Chapter 7080.215 Table VII)
6 (When lot size prohibits meeting the required 10' setback from the toe of the slope, the 10' setback may be measured from the absorption area, with Department
approval and a survey verifvine the proposed setback. Said survey must be provided by the property owner at the property owner's expense.)
7 (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120)
Page 6
52.033 Determination of Hydraulic Loading Rate and SSTS Sizing
A. Table IX from Minnesota Rules, Chapter 7080.2150, Subpart 3. Item E. entitled "Loading Rates for
Determining Bottom Absorption Area and Absorption Ratios Using Detail Soil Descriptions" and herein
adopted by reference, must be used to determine the hydraulic loading rate and infiltration area for all SSTS
permitted under this Chapter.
B. Percolation Testing may also be required per � 52.142 C2. Table IXa from Minnesota Rules, Chapter
7080.2150, Subpart 3, Item E, entitled "Loading Rates for Determining Bottom Absorption Area and
Absorption Ratios Using Percolation Tests" and herein adopted by reference. The larger sizing factor of the
two must be used for the SSTS design.
§ 52.034 Holding Tanks
Holding tanks may be used for single family homes and other structures with limited water use, as determined by the
Department, under the following conditions:
A. Holding tank(s) may be allowed for structures or pre- existing dwellings where an SSTS, as described in
Minnesota Rules, Chapter 7080.2210 through 7080.2230, or site conditions described in Minnesota Rules,
Chapter 7081.0270, Subparts 3 through 7, cannot reasonably be installed as determined by the Department.
B. Septic tank(s) may be allowed temporarily as holding tank(s) for:
1. New residential construction completed when the ground is frozen or the soil is above the plastic limit
not allowing the full soil treatment and dispersal system to be installed.
2. Repair of an Imminent Threat to Public Health or Safety in accordance with § 52.051.
C. Holding tank(s) must not be used as an SSTS for:
1. New residential construction.
2. Improvements greater than 50% of the assessed value of the structure at the time of the application for
the improvement.
3. Recreational uses on undeveloped lots of record.
D. A minimum of a 1500 gallon holding tank must be installed in accordance with Minnesota Rules Chapter
7080.2290.
E. The property owner must provide to the Department a copy of a valid monitoring and disposal contract
executed between the property owner and a licensed SSTS maintainer, which guarantees the removal of the
holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minnesota
Rules, Chapter 7082.0100, Subpart 3, Item G.
F. The property owner must hold a valid contract with a licensed SSTS maintainer at all times.
G. The licensed SSTS maintainer must certify the date the pumping occurred, number of gallons removed, any
tank leakage below or above the operating depth, and the treatment facility to which the waste was
discharged and if applicable, water meter reading at the time of pumping. The licensed SSTS maintainer is
to note any safety concerns, troubleshooting or repairs conducted.
52.035 SSTS Construction in Floodnlains
SSTS must not be located in a floodway and wherever possible, location within anv part of a floodplain should be
avoided. If no option exists to locate an SSTS outside of a flood location within the flood fringe is allowed if
the requirements in Minnesota Rules, Chapter 7080.2270 and all relevant local requirements are met
52.036 Class V Iniection Wells
All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in 40 C.F.R. &
144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection
Agencv as described in 40 C.F.R. � 144. Further, owners are reauired to identify all Class V iniection wells in
roperty transfer disclosures
Page 7
GENERAL REQUIREMENTS
RETROACTIVITY
§ 52.040 All SSTS
Except as explicitly set forth in § 52.041, all provisions of this Chapter shall apply to any SSTS regardless of the date
it was originally permitted.
4 52.041 Existing SSTS Construction Permits
Unexpired SSTS construction permits which were issued prior to the effective date of this Chapter shall remain valid
until the original expiration date or until a change in property ownership, whichever is earlier and shall be governed
by the rules in effect at the time the SSTS construction permit was issued.
§ 52.042 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 systems as described in Minnesota Rules, Chapters 7080.2210 through 7080.2230, or site conditions
described in Minnesota Rules, Chapter 7081.0270, Subparts 3 through 7, as identified by a licensed SSTS designer.
It shall be the responsibility of the property owner to preserve and protect the soil treatment and dispersal areas from
compaction, building, or other activities which could conceivably limit the use of the sites for sewage treatment and
dispersal.
§ 52.043 Existing SSTS without Permits
In order to meet water quality goals, the County Board may, from time to time, adopt by resolution programs to
accelerate SSTS compliance. The resolution may identify specific geographic areas, timelines for compliance,
establish incentives, target specific system types, and may include such other provisions as necessary to accomplish
the goals.
SSTS UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT
§ 52.050 Failure to Protect Groundwater
An SSTS that is determined not to be protective of groundwater in accordance with Minnesota Rules, Chapter
7080.1500, Subpart 4, Item B, must be connected to a municipal wastewater treatment system, upgraded, repaired,
replaced, or abandoned in accordance with the provisions of this Chapter within 36 months of the date of the Notice
of Noncompliance, discovery by the Department, or within 10 months from the date of property transfer, whichever
is the earlier date The Department has the authority to require repair or replacement of the SSTS sooner than
specified above.
§ 52.051 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, Subpart 4, Item A, must be connected to a municipal wastewater treatment system, upgraded,
repaired, replaced, or abandoned in accordance with the provisions of this Chapter within 10 months of the date of
the Notice of Noncompliance or discovery by the Department, whichever is the earlier date. The Department has the
authority to require repair or replacement of an ITPH sooner than specified above. The Department may require the
property owner to:
A. Respond within five business days of notification by submitting a plan for abating the discharge.
B. Pump the septic tank(s) as an interim abatement measure.
§ 52.052 SSTS Employing Artificial Drainage
A. Existing curtain drain systems identified through a compliance inspection and resulting in failure due to lack
of separation to the periodically saturated soils may continue in use if the SSTS is enrolled in the curtain
drain monitoring program and continues to meet the requirements of said program.
B. Curtain drain systems that do not have the required separation to the periodically saturated soils but meet the
requirements of the curtain drain monitoring program shall not be considered failing for the purposes of this
paragraph.
C. If at any time during the monitoring of the SSTS, the requirements of the program are not met, the SSTS will
be deemed failing and the SSTS must be brought into compliance.
Page 8
§ 52.053 Abandonment
A. Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in
accordance with Minnesota Rules, Chapter 7080.2500.
B. A property owner may retain a licensed SSTS business to abandon all the components of the SSTS, and
submit the MPCA's SSTS Abandonment Reporting Form to the Department within 30 days of the
abandonment, or complete the abandonment themselves provided a final inspection is conducted by the
Department or a licensed SSTS professional.
SSTS CONSTRUCTION PERMIT
§ 52.060 SSTS Construction Permit Required
It is unlawful for any person, business, firm, or corporation to construct, install, modify, replace, or operate an SSTS
without the appropriate permit from the Department. The issuing of any permit, variance, or conditional use under
the provisions of the Carver County Zoning Code shall not absolve the property owner(s) of responsibility to obtain
any other required permits.
§ 52.061 SSTS Construction Permit
An SSTS construction permit must be obtained by the property owner, or an agent of the property owner, from the
Department prior to the installation, construction, replacement, modification, alteration, repair, or capacity expansion
of an 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 SSTS
professional(s).
§ 52.062 Activities Requiring an SSTS Construction Permit
A. An SSTS construction permit is required for the installation of a new SSTS, replacement of an existing
SSTS, or any repair or replacement of components that will alter the original design, layout, function,
treatment capacity, or location of the system.
B. Rejuvenation and remediation technologies are allowed as prescribed in Minnesota Rules, Chapter
7080.2450, Subpart 8; or successor rules. These types of repair technologies are not to be considered a minor
repair, and require an SSTS construction permit as set forth in § 52.061 of this Chapter.
§ 52.063 Activities Not Requiring an SSTS Construction Permit
An SSTS construction permit is not required for minor repairs as long as the repairs do not change the original
design, layout, function, treatment capacity, or location of the system. Examples of such minor repairs include, but
are not limited to: replacement of the pump, floats, alarm, inspection pipes or caps maintenance hole risers or tank
baffles.
§ 52.064 SSTS Construction Permit Required to Obtain Building Permit
A. For any property on which an SSTS construction permit is required, approval and issuance of a valid SSTS
construction permit must be obtained before a building or land use permit may be issued by the Carver
County Public Health and Environment Division.
B. Failure to submit an existing SSTS compliance inspection for a property transfer, pursuant toy 52.169 will
result in all future building or land use permit application(s) for the property to be denied until a Certificate
of Compliance is submitted for the existing SSTS, or an escrow account is established and an SSTS
construction permit is issued.
52.065 Conformance to Prevailing Requirements
Any activity involving an existing SSTS that requires an SSTS construction permit shall require that the entire SSTS
be brought into compliance with Minnesota Rules, Chapter 7080.1500 and verification of any existing tank(s)
proposed for reuse must meet Minnesota Rules, Chapter 7080.20 10, Subpart 1, Item A.
§ 52.066 SSTS Construction Permit Application Requirements
SSTS construction permit applications must be made on forms provided by the Department and signed by the
property owner and the licensed SSTS installer including the installer's certification number and date of expiration.
The applications must include the documents listed in items A through E below.
Page 9
A. Name, mailing address, telephone number, and email address.
B. Property Identification Number and address or other description of property location.
C. Site Evaluation Report as described in Minnesota Rules, Chapter 7080.1730.
D. Design Report as described in Minnesota Rules, Chapter 7080.2430.
E. SSTS Management Plan and/or Operating Permit Application as described in Minnesota Rules, Chapter
7082.0600.
52.067 SSTS Construction Permit Application Review and Response
The Department is authorized to review an SSTS construction permit application and supporting documents Upon
the Department's satisfaction that the proposed work will conform to the provisions of this Chapter, a written permit
authorizing construction of the SSTS as designed d may be issued. In the event the applicant makes a significant
change to the approved SSTS construction permit the applicant must file an amended SSTS construction permit
application and SSTS Management Plan detailing the changed conditions prior to initiating or continuing SSTS
construction, modification, or operation for approval or denial.
§ 52.068 SSTS Construction Permit Denied
If an application for an SSTS construction permit is denied, notice of denial, including reasons for said denial, will be
mailed to the address set forth in the SSTS construction permit application.
§ 52.069 Appeal
A. Hearing. An appeal from any order, requirement, decision, or determination from the Department shall be
heard by the Board of Adjustment pursuant to Carver County Zoning Code, § 152.214.
B. Stay of Action. An appeal stays all proceeding and furtherance of the action appealed from unless the Board
of Adjustment certifies that by reason of the facts stated in the certificate the stay would cause imminent peril
to life or property.
C. Action to Board of Adjustment. The Board of Adjustment may reverse or affirm wholly or partly or may
modify the order, requirement, decision, or determination appealed from and to that end shall have all of the
powers of the officer from whom the appeal was taken and may direct issuance of the permit. The reasons
for the Board of Adjustment's decision shall be stated in writing.
§ 52.070 SSTS Construction Permit Expiration
The SSTS construction permit is valid for a period of one year from its date of issue, provided the preliminary and
field evaluations for the SSTS design were completed within 24 months of the date of the SSTS installation.
§ 52.071 Fees
The County Board has the authority to 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. Construction
started before an SSTS construction permit has been obtained shall be charged twice the current SSTS construction
permit fee.
4 52.072 SSTS Construction Permit Transferability
An SSTS construction permit shall not be transferred to a new property owner or different licensed SSTS installer.
The new property owner or licensed SSTS installer must amend the SSTS construction permit in accordance with
this Chapter.
§ 52.073 SSTS Construction Permit Suspension or Revocation
The Department may suspend or revoke an SSTS construction permit issued under this Chapter for any false
statements, erroneous or inaccurate data supplied by the property owner or licensed SSTS designer, or revised
interpretation of the law by the Department or a building official, misrepresentations of facts on which the SSTS
construction permit was issued or unauthorized changes to the SSTS. A notice of suspension or revocation and the
reasons for the suspension or revocation shall be conveyed in writing to the property owner and the licensed SSTS
installer. If suspended or revoked, installation or modification of an SSTS may not commence or continue until a
valid SSTS construction permit is obtained.
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52.074 SSTS Construction Permit Posting
The SSTS construction permit must be posted on the property in such a location and manner so that the SSTS
construction permit is visible and available for inspection until SSTS construction is completed and a Certificate of
Compliance is issued.
SSTS MANAGEMENT PLAN
52.085 Purpose
The purpose of an SSTS Management Plan is to describe how a particular SSTS is intended to be operated and
maintained to sustain the performance required.
52.086 SSTS Requiring Management Plans
SSTS Management Plans are required for all new or replacement SSTS. The SSTS Management Plan must be
submitted to the property owner and the Department with the SSTS construction permit application.
52.087 Required Contents of an SSTS Management Plan
SSTS Management Plans shall include:
A. Operating requirements describing tasks that the property owner can perform and tasks that a licensed SSTS
service provider or maintainer must perform.
B. Monitoring requirements.
C. Maintenance requirements including maintenance procedures and a schedule for routine maintenance.
D. Statement that the property owner is required to notify the Department when the SSTS Management Plan
requirements are not being met_
E. 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.
F. Other requirements as determined by the Department.
§ 52.088 Requirements for SSTS not Operated under a Management Plan
SSTS that are not operated under an SSTS Management Plan must have sewage treatment tanks inspected and
provide for the removal of solids if needed every three years. Solids must be removed when their accumulation
meets the limit described in Minnesota Rules, Chapter 7080.2450.
SSTS OPERATING PERMIT
52.095 SSTS Requiring an Operating Permit
A. An SSTS Operating Permit shall be required of all owners of new Tvpe IV. Tvpe V. MSTS, or anv other
SSTS deemed by the Department to require operational oversight. Sewage effluent must not be discharged
to the soil treatment and dispersal system until the Department certifies that the SSTS was installed in
substantial conformance, as determined by the Department, with the approved plans and a valid SSTS
Operating Permit is issued to the property owner.
B. Type IV, Type V, and MSTS installed prior to the effective date of this Chapter shall require an SSTS
Operating Permit upon transfer of ownership, replacement, modification, or expansion of the SSTS that
requires an SSTS construction permit, or following any SSTS enforcement action.
52.096 SSTS Operating Permit Application Requirements
A. Application for an SSTS Operating Permit must be made on a form provided by the Department including:
1. Property owner's name, mailing address, telephone, and email address.
2. SSTS construction permit reference number and date of issue.
3. Final record drawings of the SSTS.
4. SSTS Operating Permit Contracts:
Page 11
a. The owner of a Type IV, Type V, MSTS, or any other SSTS deemed by the Department to require
operational oversight must hold a valid contract with a licensed SSTS service provider at all times,
until the time the SSTS is properly abandoned.
52.097 SSTS Operating Permit Department Response
The Department is authorized to review the SSTS record drawings = operation and maintenance manual, management
plan, maintenance and servicing contract, and any other pertinent documents as appropriate for accuracy and
completeness. If any deficiencies are identified, the SSTS Operating Permit shall be denied until the deficiencies are
corrected to the satisfaction of the Department.
452.098 SSTS Operating Permit Terms and Conditions
The SSTS Operating Permit must include the following:
A. SSTS performance and operating requirements.
B. Maintenance requirements and frequency.
C. Monitoring locations, procedures, and recording requirements.
D. Compliance limits and boundaries.
E. Reporting requirements of monitoring and maintenance.
F. Requirement that the property owner and licensed SSTS service provider must notify the Department when
the SSTS Operating Permit requirements are not being met.
G. Disclosure of the location and condition of the alternate SSTS location.
H. Stipulation of acceptable and prohibited discharges.
I. Valid contract between the property owner and a licensed SSTS maintenance business or service provider.
452.099 SSTS Operating Permit Expiration and Renewal
A. SSTS Operating Permits shall be valid for the specific term stated on the permit as determined by the
Department.
B. An SSTS Operating Permit must be renewed prior to its expiration. If not renewed, the Department may
require the SSTS to be removed from service or operated as a holding tank until the SSTS Operating Permit is
renewed. If not renewed within 30 calendar days of the expiration date the Department may require that the
SSTS be abandoned in accordance with § 52.053.
52.100 Amendments to Existing SSTS Operating Permits not Allowed
The Department may not amend an e xisting SSTS Operating Permit to reflect changes in this Chapter until the Dermit
term has expired unless an amendment is necessary to eliminate an imminent threat to public health or safety.
52.101 SSTS Operating Permits Not Transferrable
A new property owner must apply for an SSTS Operating Permit in accordance with § 52.096 of this Chapter. The
Department must not terminate the current SSTS Operating Permit until 60 calendar days after the date of the
property transfer. To consider the new property owner's application, the Department may require monitoring by a
licensed SSTS service provider in accordance to § 52.103.
52.102 Suspension or Revocation of SSTS Operating Permits
A. The Department may suspend or revoke any SSTS Operating Permit issued under this section for any false
statements or misrepresentations of facts on which the SSTS Operating Permit was issued or if an imminent
threat to public health exists.
B. Notice of suspension or revocation and the reasons for revocation must be conveyed in writing to o the property
owner.
C. If suspended or revoked, the Department may require that the SSTS be removed from service, operated as a
holding tank, or abandoned in accordance with & 52.053.
D. At the Department's discretion, the SSTS Operating Permit may be reinstated or renewed upon the property
owner taking appropriate corrective actions.
Page 12
52.103 Monitoring Requirements for SSTS Operating Permits
A. Monitoring of an SSTS must be performed by a licensed SSTS service provider hired by the holder of the
SSTS Operating Permit in accordance with the monitoring frequency and parameters stipulated in the SSTS
Operating Permit.
B. A monitoring report must be prepared and certified by the licensed SSTS service provider. The report must
be submitted to the Department on or before the reporting date stipulated in the SSTS Operating Permit. The
report must contain a description of all maintenance and servicing activities performed since the last
monitoring report as described below:
1. Property owner's name and address.
2. SSTS Operating Permit number.
3. Average daily flow since last monitoring report.
4. Description of type of maintenance and date performed.
5. Description of sam ples taken (if required), analytical laboratory used, and results of analvses.
6. Problems noted with the SSTS, and actions proposed, or taken, to correct them.
7. Name, signature, and license number of the licensed SSTS service provider who performed the work
PROHIBITIONS
52.120 Occupancy or Use of a Structure without a Compliant SSTS
It is unlawful for any person to maintain, occupy or use any dwelling or structure with plumbing that is not:
A. Connected to a municipal wastewater treatment system; or
B. Provided with an SSTS that disposes of wastewater in a manner that complies with the provisions of this
Chapter.
§ 52.121 Sewage Discharge to Ground Surface or Surface Water
It is unlawful for any person to construct, maintain, or use any SSTS, regulated under this Chapter, 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.
§ 52.122 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 Minnesota
Rules, Chapter 4725.2050, or any other excavation in the ground that is not in compliance with this Chapter.
§ 52.123 Discharge of Hazardous or Deleterious Materials
It is unlawful for any person to discharge into any SSTS, regulated under this Chapter, any hazardous or deleterious
material that adversely affects the treatment or dispersal performance of the system or groundwater quality.
52.124 Conflicts of Interest
A licensed SSTS inspector working on behalf of a local unit of government must not design or install SSTS that the
inspector/business will be responsible for permitting or r inspecting as part of its local government duties. A person
working for or on behalf of a local unit of government is not allowed to use the person's position to solicit for private
business gain.
VARIANCES
§ 52.130 Variance Requests
A property owner may request a variance from the standards as specified in this Chapter pursuant to County policies
and procedures.
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52.131 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.
§ 52.132 Board of Adjustment
The Board of Adjustment has the authority to consider variances in accordance with Minnesota Rules, Chapter 7080,
Chapter 7081, and Chapter 7082. Variances shall only be allowed when they are in harmony with the general
purposes and intent of this Chapter where there are practical difficulties or particular hardship in meeting the strict
letter of this Chapter. Applicants must follow the requirements of Carver County Zoning Code, § 152.215.
The Board of Adjustment may not grant variances to the following standards:
A. Flow determinations under Minnesota Rules, Chapter 708 1.0110, if the deviation reduces the average daily
estimated flow from greater than 10,000 gallons per day to less than 10,000 alg lons per day.
B. Provisions in Minnesota Rules, Chapter 7080.2150, Subpart 2, Items A -D, and 7081.0080, Subparts 2 - 5,
regarding the vertical separation required beneath the distribution media and saturated soil or bedrock from
the required three feet of unsaturated soil material, except as provided in Minnesota Rules, Chapter
7080.2350, must be approved by MPCA.
C. Variances to wells and water supply lines must be approved by the Minnesota Department of Health.
SSTS PRACTITIONER LICENSING
§ 52.140 SSTS Practitioner Licensing
No person shall engage in site evaluation, inspection, design, installation, construction, alteration, extension, repair,
maintenance, or pumping of an SSTS without an appropriate and valid license issued by the MPCA, except as
exempted in § 52.141.
§ 52.141 SSTS Business License Exemptions
An SSTS business license is not required for:
A. An individual who is a qualified employee performing work as directed by a state or local government
employer.
B. A property owner who properly abandons an SSTS provided a final inspection is conducted by the
Department or licensed SSTS professional.
C. An individual who performs supervised labor or services as an employee of a licensed SSTS business.
D. A farmer who pumps septage from an SSTS that serves dwellings or other establishments that are owned or
leased by the farmer and applies septage on land that is owned or leased by the farmer.
E. A property owner, who personally gathers existing information, evaluates, and investigates an SSTS, to
provide a disclosure as defined in Minnesota Statutes, section 155.55, Subdivision 6, for a dwelling that is
owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual.
F. An individual who maintains a toilet waste treatment device for a dwelling that is owned by the individual
and functions solely as a dwelling or seasonal dwelling for that individual.
G. An individual who performs tasks identified in the SSTS Management Plan that does not require an SSTS
maintainer or service provider license, for a dwelling that is owned by the individual and functions solely as a
dwelling or seasonal dwelling for that individual
H. The owner or designee of a campground or other similar facility who removes and transports sewage wastes
from recreational vehicles into a holding or treatment system located on the same property as the facility.
§ 52.142 SSTS Licensed Designer Responsibilities
It is the responsibility of the licensed SSTS designer to submit a design of sufficient detail to allow adequate review
for compliance by the Department. At a minimum the following is required:
A. A detailed design using worksheets approved by the Department.
Page 14
B. The soil observation data must be dated within 12 months of the date of the SSTS construction permit
application and verify that there are two soil treatment and dispersal areas, that can support systems as
described in Minnesota Rules, Chapters 7080.2210 through 7080.2230, or site conditions described in
Minnesota Rules, Chapter 7081.0270, Subparts 3 through 7, available on the lot. Lots existing prior to
January 23, 1996 must provide for one complete SSTS.
C. The site plan must be drawn to scale, include a North arrow, horizontal, and vertical reference points for the
proposed SSTS. The site plan must also include:
1. The location of all soil observations and other testing, all wells and their depth(s) within 100 feet of the
proposed SSTS, and water lines within 50 feet.
2. Any evidence of cut, filled, disturbed, compacted, or other unsuitable soil on the lot. SSTS proposed in
these areas may require a method to determine the timed rate of water flowing through the soil.
Acceptable methods include, but are not limited to: percolation tests, permeameter tests, and
infiltrometer tests.
The distance from proposed SSTS to all other required setbacks including: existing or proposed
structures, or improvements, easements, Ordinary High Water Level, property line(s), and road right of
way(s).
4. Slope with percent and direction.
Elevations of the soil observations, periodically saturated soils, and the proposed bottom of the soil
treatment and dispersal system in reference to a bench mark. Flood elevation and /or OHW, are to be
included if applicable.
D. The center of each trench, corners of the bed, and any toe slopes must be staked. The entire area is to be
protected from disturbance, compaction, or other damage by installing snow or silt fence when there is any
other construction proposed on the property.
SSTS soils altered by construction traffic or other means will require a revised design be submitted to
the Department along with any required fees.
E. If a proposed SSTS design cannot meet a technical requirement of this Chapter Minnesota Rules Chapter
7080, or Chapter 7081, it is the responsibility of the licensed SSTS designer to contact the Department
before the design is completed.
F. Reuse of any tank(s) for a replacement SSTS must include the MPCA Tank Integrity and Safety Compliance
form and be included with the SSTS design and SSTS construction permit application.
G. Submit any additional requirements as may be required by the Department or the MPCA.
§ 52.143 SSTS Licensed Installer Responsibilities
It is the responsibility of the licensed SSTS installer to:
A. Verify the SSTS layout and placement, proper soil moisture conditions for excavation, elevations of sewage
tanks, and soil treatment and dispersal system
B. Ensure all work is installed in strict accordance with the design as approved by the Department. If the
system is not or cannot be constructed as designed, it shall be the responsibility of the licensed SSTS
installer to inform the licensed SSTS designer and the Department. If proposed changes are approved by the
licensed SSTS designer and the Department, it shall be the responsibility of the licensed SSTS installer to
submit new or amended designs to the Department before completing construction.
C. Follow recommended standards and guidance documents for registered products, check the quality of tanks,
and other materials used.
Page 15
D. Schedule required inspections with the Department before 3:00 pm the day before an inspection or
reinspection is requested.
1. Failure of the licensed SSTS installer to cancel an inspection, at least one hour before the
scheduled time, will result in a penalty fee as set forth in the Carver County Fee Schedule.
2. Failure to pay the penalty fee will result in a freeze on all future SSTS inspections for the
affected property until the penalty fee has been paid.
3. Upon inspection, any part of the SSTS that is determined, by the Department, not to be in compliance
with this Chapter, Minnesota Rules, Chapter 7080, or Chapter 7081, must be properly corrected and
reinspected before a Certificate of Compliance is issued.
4. Additional inspections required due to violations of this Chapter will be subject to a re- inspection fee as
set forth in the Carver County Fee Schedule. The re- inspection payment must be received by the
Department within ten days following the re- inspection.
If the Department is unable to complete an inspection, the licensed SSTS installer is to take photographs
of critical construction phases. The photos are to be submitted along with an As Built and any other
requested documentation to the Department. The Certificate of Compliance will not be issued until the
Department has reviewed the submitted documentation.
6. Lack of inspection(s) by the Department shall not relieve or lessen the responsibility or liability of any
person owning, operating, controlling, monitoring, or installing any SSTS.
E. Uncover, upon request from the Department, any work which is backfilled prior to scheduled inspection(s) to
determine compliance.
F. Provide, upon request from the Department, a copy of the final electrical report to the Department within ten
working days of the request. The Department may withhold issuing a final Certificate of Compliance if the
electrical report is not received by the Department when requested.
G. Fulfill any additional requirements as may be required by the Department or the MPCA.
§ 52.144 SSTS Licensed Maintainer Responsibilities
It is the responsibility of the licensed SSTS maintainer to:
A. Have equipment capable of agitating the contents of the tank(s).
B. Thoroughly remove sludge and scum through the maintenance holes.
1. If the property owner or owner's agent refuses to allow removal through the maintenance hole, the
maintainer must obtain a signed statement from the property owner or owner's agent, stating said parties
were informed of correct removal procedures and reason for refusal. A copy of this statement must be
submitted to the Department within 30 days of the pumping.
C. Note any sensory observations of nondomestic wastes that have been discharged into the SSTS.
D. Assess the condition of baffles, effluent screens, maintenance hole covers and extensions.
E. Verify that the tank(s) and all connections are watertight.
F. Submit a tank maintenance report for each property on forms approved by the Department, to the
Department and the property owner. The amount pumped, method, and location of septage disposal must
also be included on said form.
G. Remove all septage from the tank(s) in a sealed container and dispose of in accordance with State, Federal,
and Local requirements.
Page 16
I . If septage is to be disposed of into a municipally - controlled wastewater treatment system or into a
Metropolitan Waste Control Commission facility, it must be disposed of in a location and manner
approved by said governmental authority.
2. If septage is to be disposed of using land application, Minnesota Pollution Control Agency (MPCA)
Septage and Restaurant Grease Trap Waste Management Guidelines, Water/Wastewater- ISTS #4.20,
must be followed.
H. Fulfill any additional requirements as may be required by the Department or the MPCA.
4 52.145 SSTS Licensed Service Provider Responsibilities
It is the responsibility of the licensed SSTS service provider to:
A. Assess the operational status and SSTS performance by sampline, measurinc. and observine. to verif
compliance with the SSTS Management Plan or Operating Permit.
B. Preserve, store, and ship samples for analysis and interpret sampling results.
C. Adjust, repair, or replace components to bring the SSTS into proper operational compliance.
D. Report sampling results, operational observations, system adjustments, and other management activities, in
compliance with local ordinances, SSTS Management Plans or Operating Permit requirements, before
December 1 st each year to the property owner and the Department.
E. Observe and provide written reports of any noncompliance to the property owner and the Department within
30 days.
F. Fulfill any additional requirements as may be required by the Department or the MPCA.
§ 52.146 SSTS Licensed Inspector Responsibilities
It is the responsibility of the licensed SSTS inspector to:
A. Submit the completed Minnesota Pollution Control Agency Compliance Inspection Form for Existing SSTS
to the Department and the property owner within 15 calendar days from the date of the inspection.
B. Fulfill any additional requirements as may b�quired by the Department or the MPCA.
§ 52.147 Periodically Saturated Soil Disagreements
If a documented discrepancy arises on the depth of the periodically saturated soil between licensed individuals for
SSTS design or compliance purposes, all disputing parties must follow the procedure outlined in Minnesota Rules,
Chapter 7082.0700, Subpart 5.
ADMINISTRATION
§ 52.155 Public Education Outreach
Programs may be provided by the Department and/or others to increase public awareness and knowledge of SSTS.
Programs may include distribution of educational materials through various forms of media and SSTS workshops
focusing on SSTS planning, construction, operation, maintenance, and management.
52.156 Record Keeping
The Department will maintain records of SSTS construction permit aDDlications. issued SSTS construction permits
fees assessed, variance requests, Certificates of Compliance, Notices of Noncompliance, enforcement proceedings,
site evaluation reports, design reports, record drawings, management plans, operating permits maintenance reports,
an annual list of all sewage tanks installed in the Countv sorted by licensed SSTS installers, and other records
relevant to each SSTS.
52.157 Annual Report
The Department shall provide an annual report of SSTS permitting activities to the MPCA.
Page 17
SSTS COMPLIANCE INSPECTION PROGRAM
§ 52.165 Department Responsibility
The Department, or its agent, is authorized to perform various SSTS inspections to assure that the requirements of
this Chapter are met.
A. The Department must be given access to enter a property at any reasonable time to inspect and/or monitor the
SSTS. As used in this paragraph, "property" does not include a residence or private dwelling.
B. No person shall hinder or otherwise interfere with the Department's performance of their duties and
responsibilities pursuant to this Chapter. Refusal to allow reasonable access to the property by the
Department shall be deemed a separate and distinct offense.
§ 52.166 New SSTS Construction or Replacement
A. Inspections must be performed on new or replacement SSTS to determine compliance with Minnesota
Rules, Chapters 7080 or Chapter 7081, by a qualified employee or licensed SSTS inspection business,
authorized by the Department, who is independent of the property owner and the licensed SSTS installer.
1. Inspections for Type I SSTS may include, but are not limited to: soil verification, pre -rough up (if
needed), tank installation, distribution media/pipe installation, and final inspection.
2. Inspections for all other SSTS Types will include applicable Type I SSTS inspections, and additional
inspections, as determined necessary by the Department.
B. The soil treatment and dispersal system must not be placed into operation until a Certificate of
Compliance has been issued.
C. A Certificate of Compliance must be issued by the Department, if the Department has reasonable
assurance that the SSTS was built in accordance with the applicable requirements as specified in the
SSTS construction permit.
D. The Certificate of Compliance must include a certified statement by the qualified employee or licensed
SSTS inspector, authorized by the Department, who conducted the inspection that the SSTS is or is not in
compliance with the Chapter requirements.
E. Certificates of Compliance for new SSTS construction or replacement shall remain valid for 5 years from
the date of issue, unless the Department finds evidence of noncompliance
§ 52.167 Existing SSTS Compliance Inspection
A. Compliance inspections of existing SSTS are required:
1. Before any permit or variance is issued for a property with an SSTS located in a Shoreland Area (1000
feet of a lake, pond, or flowage; or 300 feet of a river or stream, or the landward extent of a floodplain),
subject to the exceptions in Carver County Zoning Code, & 152.122.
2. When there is a change in the use of the property or structure(s) that would affect water use, including
but are limited to: a permit or variance to expand a structure for the purpose of a bedroom, home
business, contractor's yard, or daycare. The Certificate of Compliance must also certify that all
components are sized to State minimum requirements for the additional bedroom or the change in use
3. When an SSTS construction permit is reauired to repair, modify. or uDarade an existine SSTS.
4. At the time of property sale or transfer, in accordance with § 52.169. Any evaluation, investigation,
inspection, recommendation, or other process used to prepare a disclosure statement, if conducted by a
party who is not the SSTS owner, constitutes a compliance inspection, and must be conducted in
accordance with Minnesota Rules, Chapter 7080.1500.
5. When there is a division of land pursuant to Carver County Zoning Code, § 152.035 (D).
6. During systematic lake or area wide SSTS surveys by the Department as described in § 52.043.
7. Any time that a building permit is applied for and no record of a soil treatment and dispersal system
exists.
Page 18
B. When a compliance inspection is required and cannot be completed, due to frost conditions, during the period
of November 1 to April 30, permits or land use application(s) pursuant to § 52.167 (A) can be issued provided
an escrow account is provided in the amount set forth in the Carver County Fee Schedule. A compliance
inspection must be performed before the following June 1 and/or the SSTS is brought into compliance by the
following September 30.
C. Compliance inspections of existing SSTS must be reported on the inspection report forms provided by
MPCA. The following conditions, must be assessed or verified
1. Tank watertightness assessment must be completed by pumping all of the tanks. A valid Tank Integrity
Report from a licensed SSTS maintainer must be provided.
2. A soil separation compliance assessment must be completed by a licensed inspection business or a
qualified employee inspector with jurisdiction. Compliance must be determined either by conducting
new soil observations or by prior soil separation documentation made by two independent parties. The
soil observations used for system design or previous inspections are allowed to be used if they contain
the information required in Minnesota Rules, Chapter 7080.1720, Subpart 5, Items B, D, and F. If the
soil separation has been verified by two independent parties, a subsequent determination is not required
unless requested by the owner or owner's agent.
3. Sewage backup, surface seepage, or surface discharge including a hydraulic function report.
4. Compliance with the SSTS Management Plan or SSTS Operating Permit if applicable.
D. The Certificate of Compliance must include a certified statement by a licensed SSTS inspector, indicating
whether the SSTS is in compliance with Chapter 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 Chapter provisions with which the SSTS does not comply.
E. SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained,
monitored, or otherwise managed according to the SSTS Operating Permit.
F. SSTS found to be noncompliant with other applicable requirements must be brought into compliance with this
Chapter within the timeframes established in § 52.050 and § 52.051.
G. The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than
15 calendar days after the date the existing SSTS compliance inspection was performed.
H. Certificates of Compliance for existing SSTS shall remain valid for 3 years from the date of issue unless the
Department finds evidence of noncompliance.
I. The Department may waive an existing SSTS compliance inspection required by this Chapter, if the owner of
the real property served by an existing SSTS acknowledges in writing to the Department that the existing
SSTS is not compliant and will be brought into compliance with this Chapter within 10 months.
§ 52.168 Compliance Criteria for Existing SSTS
A. SSTS that were built before April 1, 1996, are outside of areas designated as shoreland and wellhead
protection areas, and do not service a food, beverage, or lodging establishment, must have at least two feet of
vertical separation between the bottom of the distribution media and the periodically saturated soil and/or
bedrock. The vertical separation measurement must be made outside the area of system influence but in an
area of similar soil.
B. 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 in Minnesota Rules, Chapter 7080.1100, Subpart 84, must
have three feet of vertical separation between the bottom of the distribution media and the periodically
saturated soil and/or bedrock. The vertical separation measurement must be made outside the area of system
influence but in an area of similar soil. Existing SSTS that have no more than a 15 percent 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 Chapter.
Page 19
§ 52.169 Transfer of Properties
A. Whenever a conveyance of land occurs, the following requirements shall be met:
1. The seller of the property is responsible for providing a completed Carver County Point of Sale
Certificate and MPCA Existing SSTS Compliance Inspection Form, with any required attachments, to
the buyer at or before closing. These documents shall provide the status and location of all known SSTS
and components thereof on the property and, if applicable, the requirements for bringing the SSTS into
compliance with this Chapter.
2. The buyer is responsible to file the Carver County Point of Sale Certificate, and required attachments,
along with the Certificate of Real Estate Value at the County Auditor's Office.
3. If the seller fails to provide a Certificate of Compliance, sufficient security must be established in the
form of an escrow account to assure the installation of a complying SSTS. The security, in the amount
set forth in the Carver County Fee Schedule, shall be placed in an escrow with a licensed real estate
closer, licensed attorney -at -law, or federal or state chartered financial institution. The SSTS must be
installed within the time frame established in § 52.050 and § 52.051. After a complying SSTS has been
installed and a Certificate of Compliance issued, the escrow may be released.
B. The MPCA Existing SSTS Compliance Inspection Form need not be obtained if the sale or transfer involves
one of the following circumstances:
1. Tract of land is vacant or contains no structures with plumbing fixtures.
2. The SSTS serving the existing dwelling or other structure with plumbing has been abandoned per &
52.053. Attach the MPCA's SSTS Abandonment Reporting Form.
3. The transfer does not require the filing of a Certificate of Real Estate Value, as described in Minnesota
Statutes, section 272.115.
4. The transfer is a foreclosure or tax forfeiture. This subsection applies only for the transfer from the
original mortgagee, to the financial /lending institution or Local Unit of Government. The subsequent
transfer shall meet the requirements of this Chapter.
5. A refinance of a property.
6. The sale or transfer is to the seller's spouse or ex- spouse only. The sale or transfer may be by deed,
through a joint tenancy, of a testamentary nature, or by trust document.
7. The sale or transfer completes a contract for deed or purchase agreement entered into prior to February
24, 1998. This subsection applies only to the original vendor and vendee on such a contract.
8. Dwellings or other structures connected exclusively to a municipal wastewater treatment system.
Including 201 systems which discharge directly to the Metropolitan Council Environmental Services
interceptor /collector sewer and do not utilize a septic tank(s) or soil treatment and disposal system.
C. All property conveyances subject to this Chapter occurring during the period between November 1 st and
April 30th, and SSTS compliance cannot be determined due to frozen soil conditions, shall have an escrow
account established pursuant to the Carver County Fee Schedule. The buyer is responsible to have the
compliance inspection completed by the following June 1 st by a licensed SSTS inspector. If, upon
inspection, the SSTS is found to be in compliance, the funds in escrow may be released. If, upon inspection,
the SSTS is found to be non - compliant, the SSTS shall be brought into compliance within 10 months from the
date of property transfer.
D. Should the seller fail to have the compliance inspection completed, and neither party established an escrow
account, the buyer of the property becomes wholly responsible and shall have a Certificate of Compliance on
the existing SSTS submitted to the Department within 30 days of the property transfer or have the SSTS
brought into compliance within 90 days of the property transfer.
Page 20
ENFORCEMENT
§ 52.175 Violation a Misdemeanor
Any person, firm, agent, or corporation who violates any of the provisions of this Chapter, or who fails, neglects, or
refuses to comply with the provisions of this Chapter, including violations of conditions and safeguards, or who
knowingly makes any material false statement, or knowing omission in any document required to be submitted under
the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable as defined
by Minnesota State Statutes. Each day that a violation exists shall constitute a separate offense.
52.176 Notice of Violation
The Department is authorized to 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 may contain:
A. A statement documenting the findings of fact determined through observations, inspections, or investijzations.
B. A list of specific violation(s) of this Chapter.
C. Specific requirements for correction or removal of the specified violation(s).
D. A mandatory time schedule for correction, removal, and compliance with this Chapter.
§ 52.177 Cease and Desist Orders
Cease and desist orders may be issued when the Department has probable cause that an activity regulated by this, or
any other provision of this Chapter, is being, or has been conducted without an SSTS construction permit, or in
violation of an SSTS construction permit. When work has been stopped by a cease and desist order, the work shall
not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid and the
cease and desist order lifted.
§ 52.178 Civil Remedies
In the event of a violation or a threat of a violation of this Chapter, the County may institute appropriate civil actions
or proceedings, including injunctive relief, to prevent, restrain, correct, or abate such violations or threat of
violations. The County may recover costs incurred for corrective action in a civil action in any court of competent
jurisdiction, and such costs may be certified by court order to the County Auditor as a special tax against the real
property. These and other remedies, as determined appropriate by the County, may be imposed upon the property
owner, permitee, licensed SSTS installer, or other responsible person, either in addition to or separate from other
enforcement actions.
52.179 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 County, and shall not be deemed a limitation or repeal of an other
granted by Minnesota Statutes.
52.180 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.
ADOPTION
§ 52.190 Adoption
The Carver County Subsurface Sewage Treatment System Chapter is hereby adopted by the Carver County Board of
Commissioners on the day of May, 2011 aiid shall be in full. force and effect upon the date of its passage
Chairperson, Carver County Board of Commissioners
ATTEST:
EFFECTIVE DATE: May , 2011
Page 21
CARVER COUNTY, MINNESOTA
ORDINANCE 67 -2010
AMENDING CHAPTER 52, SEWAGE TREAMENT SYSTEM.
The Carver County Board of Commissioners Hereby Ordains:
Due to the numerous changes required, the current Chapter 52 would be repealed. The proposed Chapter 52 has
sections /wording underlined that is new from the current Chapter.
CHAPTER 52: SUBSURFACE SEWAGE TREATMENT SYSTEMS
PURPOSE, INTENT, AND AUTHORITY
§ 52.001 Purpose
The purpose of this Chapter is to establish minimum requirements for regulation of subsurface sewage treatment
systems (hereinafter "SSTS ") for the treatment and dispersal of sewage within the applicable jurisdiction of the
Department to protect public health and safety, groundwater quality and prevent or eliminate the development of
public nuisances. It is intended to serve the best interests of the County's citizens by protecting its health, safety,
general welfare, and natural resources.
§ 52.002 Intent
It is intended by the Carver County Environmental Services Department that this Chapter will promote the following:
A. The protection of lakes, rivers and streams, wetlands, and groundwater in Carver County essential to the
promotion of public health, safety, welfare, socioeconomic growth, and development of the County.
B. The regulation of proper SSTS construction, reconstruction, repair, and maintenance to prevent the entry and
migration of contaminants, thereby protecting surface water and groundwater from degradation.
C. 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.
D. The appropriate utilization of privy vaults and other non -water carried sewage collection and storage
facilities.
E. The provision of SSTS technical assistance and education, plan review, inspections, surveys, and complaint
investigations to prevent and control water -borne diseases, lake degradation, groundwater related hazards,
and public nuisance conditions.
§ 52.003 Authority
This Chapter is enacted pursuant to Minnesota Statutes, section 115.55 and 115.56; Minnesota Statutes, section
145A.01 through 145A.08; Minnesota Statutes, section 375.51; or successor statutes and Minnesota Rules, Chapter
7080, Chapter 7081, Chapter 7082, and Chapter 7083; or successor rules as they may be amended from time to time.
DEFINITIONS
§ 52.010 Definitions
The following words and phrases shall have the meanings ascribed to them in this section. If not specifically defined
in this section, terms used in this Chapter shall have the same meaning as provided in the standards adopted by
reference in § 52.030. Words or phrases that are not defined here or in the standards adopted by reference shall have
common usage meaning. For purposes of this Chapter, the words "must" and "shall" are mandatory, and the words
"may" and "should" are permissive.
Artificial Drainage: An SSTS that uses artificial drainage to lower the periodically saturated soil level to create the
required separation between the distribution media and the water table.
Page 1
Board of Adiustment: A board established by Carver County Zoning Code, Chapter 152 with the authority to order
the issuance of variances, hear and decide appeals from a member of the affected public, and review any order,
requirement, decision, or determination made by any administrative official charged with enforcing any Chapter
adopted pursuant to the provision of Minnesota Statutes, section 394.21 to 394.37, order the issuance of permits for
buildings in areas designated for future public use on an official map and perform such other duties as required by the
official controls
Class V Injection Well: A shallow well used to place a variety of fluids directly below the land surface, which
includes a domestic SSTS serving more than 20 people. The US Environmental Protection Agency and delegated state
groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain
requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells
and large- capacity cesspools are specifically prohibited (see 40 C.F.R. § 144 and & 146)
Cluster System: An SSTS under some form of common ownership that collects wastewater from two or more
dwellings or structures and conveys it to a soil treatment and dispersal system located on an acceptable site near the
dwellings or structures.
County: Carver County, Minnesota.
County Board: The Carver County Board of Commissioners.
Department: The Carver County Environmental Services Department.
MPCA: The Minnesota Pollution Control Agency.
Qualified Employee: An employee of the state or a local unit of government, who performs site evaluations or
designs, installs, maintains, pumps, or inspects SSTS as part of the individual's employment duties and is a certified
SSTS professional with specialty area endorsements applicable to the work being conducted.
Subsurface Sewage Treatment System or "SSTS ": A subsurface sewage treatment system includes individual
subsurface sewage treatment systems and midsized subsurface sewage treatment systems.
State: The State of Minnesota
Treatment Level: Treatment system performance levels defined in Minnesota Rules Chapter 7083 4030 and Table
III for testing of proprietary treatment products Minnesota Rules Chapter 7083 4030 is hereby incoMorated by
reference as amended from time to time
GENERAL PROVISIONS
§ 52.015 Scope
This Chapter regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and
management of all SSTS within the Department's applicable jurisdiction including, but not 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 County must 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 an SSTS that has been permitted by
the MPCA.
§ 52.016 Jurisdiction
The jurisdiction of this Chapter shall include all lands of the County except for incorporated areas that administer an
SSTS program by Ordinance within their incorporated jurisdiction, which is at least as strict as this Chapter.
52.017 Abrogation and Greater Restrictions
It is not intended by this Chapter to repeal abrogate or impair any other existing Carver County Chapters
easements, covenants, or deed restrictions. Whenever any provision of this Chapter is found to be in direct conflict
with the provisions of any other Carver County Chapter, the Chapter containing the more restrictive requirements
shall govern.
Page 2
§ 52.018 County Administration
The County Environmental Services Department is authorized to administer the SSTS program and all provisions of
this Chapter. At appropriate times, the Department may review and request revisions to update this Chapter as
necessary. The Department may employ or retain under contract, qualified, and appropriately certified and/or
licensed SSTS professional(s) to administer and operate the SSTS program.
52.019 State Disposal System Permit
The owner or owne o f a single SSTS or a group of SSTS under common ownership must obtain a State Disposal
System permit from the MPCA, 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 al�per day.
SSTS serving establishments o r facilities licensed or otherwise regulated by the State must conform to the
requirements of this Chapter.
52.020 SSTS Operation and Effectiveness
Neither the issuance of SSTS permits or certificates of compliance shall be construed to represent a guarantee or
warranty of the SSTS operation or effectiveness.
52.021 Validity
The validity of any part of this Chapter shall not be affected by the invalidity of any parts of this Chapter where
the part can be given effect, irrespective of any invalid part or parts.
52.022 Liability
No liability or responsibility shall be imposed upon the Department or any of its officials employees contractors
agents, or servants thereof, for damage resulting from a defective design construction operation abandonment,or
misplacement of any onsite or cluster SSTS regulated under this rule by reason of standards requirements,or
inspections authorized hereunder.
SSTS STANDARDS
§ 52.030 Standards Adopted by Reference
Minnesota Rules, Chapter 7080, Chapter 7081, Chapter 7082, and Chapter 7083, as they may be amended from time
to time, relating to SSTS are hereby adopted by reference and made part of this Chapter as if fully set forth herein,
except as modified by or inconsistent with provisions of this Chapter. This adoption does not supersede the County's
right or ability to adopt local standards that are in compliance with Minnesota Statutes, section 115.55.
§ 52.031 Amendments to the Adopted Standards
A. Minnesota Rules, Chapter 7080.1500, Subpart 6, is a mended to include: An SSTS design that proposes to
reuse an existing tank(s) for a replacement SSTS must include the MPCA Tank Integrity and Safety
Compliance form, which includes a verification that all tank and riser joints riser connections and pipe
connections are watertight according to Minnesota Rules Chapter 7080 2010 Subpart 1 Item A
B. Minnesota Rules, Chapter 7080.1730, Item B, is amended as follows: dates of preliminary and field
evaluations must be dated within 12 months of the date of the SSTS construction permit application and
within 24 months of the SSTS installation.
C. Minnesota Rules, Chapter 7080.1730, Item F, is amended to include: the Department must be notified of and
technical requirements of this Chapter, Minnesota Rules, Chapter 7080 or Chapter 7081 that cannot be met
before the design is completed.
Page 3
D. Minnesota Rules, Chapter 7080.1930, Subpart 1, Table V "Septic Tank Liquid Minimum Capacities
(Gallons) ", is amended as follows:
Number
of
Bedrooms
Tank Size
With Multiple Compartments
or Multiple Tanks in Series
Tank Size
With Garbage Disposal
and/or Lift in the Basement
Pump Tank
2 or less
1500
2250
1000
3 or 4
2000
3000
1000
5 or 6
2250
3375
1500
7, 8, or 9
3000
4500
1500
SSTS with a valid Certificate of Compliance may not be required to meet the above sizing chart if the tank
capacity and soil treatment and dispersal system meet the current minimum State requirements for the
anticipated additional gallons per day.
E. Minnesota Rules, Chapter 7080.2000, Item C, is amended as follows: The top of sewage tanks must not be
buried deeper than four feet from final grade. Exceptions may be made on a case by case basis for existing
uses with extenuating circumstances preventing a shallow burial, not to exceed the tank manufacturer's
maximum designed depth for the tank. The minimum depth of soil cover over the insulation on the top of the
tank is six inches.
F. Minnesota Rules, Chapter 7080.2100, Subpart 2, Item B. is amended to include: The pump discharee line
must be sleeved with a 4 inch PVC pipe from the edge of the tank or maintenance hole to undisturbed ground.
G. Minnesota Rules, Chapter 7080.2150, Subpart 2, Table VII, is amended to include: Setbacks from the soil
treatment and dispersal area for above grade systems, including but not limited to: mound and at rg ade
systems, will be measured from the toe of the slope to any property line(s) and /or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to s1ppes greater
than 20 %. Setback of 50 feet from the SSTS to a bluff. Setback of 10 feet (20 feet in Shoreland Areas) to an
interceptor drain.
H. Minnesota Rules, Chapter 7080.2220, Subpart 2, Item B, is amended to include: Setbacks from the soil
treatment and dispersal area for above grade systems, including but not limited to: mound and at grade
systems, will be measured from the toe of the slope to any property line(s) and/or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to slopes rgreater
than 20 %. Setback of 50 feet from the SSTS to a bluff. Setback of 10 feet (20 feet in Shoreland Areas) to an
interceptor drain.
I. Minnesota Rules, Chapter 7080.2220, Subpart 3, Item J, is amended as follows: The entire area that will
receive materials for a mound must be roughened by pproved methods.
J. Minnesota Rules, Chapter 7080.2230, Subpart 2, Item C, is amended to include: Setbacks from the soil
treatment and dispersal area for above grade systems, including but not limited to: mound and at grade
systems, will be measured from the toe of the slope to M property line(s) and /or road right of waL(sZ
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to slopes rg eater
than 20 %. Setback of 50 feet from the SSTS to a bluff. Setback of 10 feet (20 feet in Shoreland Areas) to an
interceptor drain.
K. Minnesota Rules Chapter 7080.2290. Item D. is amended as follows: For a dwelling, the minimum holdin
tank size is 1500 gallons or 400 gallons times the number of bedrooms, whichever is greater. For other
establishments, the minimum holding tank size is 1500 gallons or at least five times the design flow,
whichever is greater. The required capacity of holding tank(s) in flood plain areas must be calculated
according to Minnesota Rules, Chapter 7080.2270, Subpart 10.
Page 4
L. Minnesota Rules, Chapter 7080.2350, is amended as follows: Type IV Systems may be allowed with the
exception of those that would reduce the required 3 foot separation to the periodically saturated soil or to
downsize the required soil treatment and dispersal system. Type IV Systems installed prior to June 1 2011
are exempt from this prohibition. When an advanced treatment device is added to an SSTS (new or existing)
pressure distribution must be provided in the soil treatment and dispersal system.
M. Minnesota Rules Chapter 7080.2400 is amended as follows: Type V Systems are prohibited Type V
Systems installed prior to June 1, 2011 are exempt from this prohibition.
N. Minnesota Rules, Chapter 7082.0100, Subpart 1, Item A, is amended as follows: An SSTS that fails to
protect groundwater, as described in Minnesota Rule, Chapter 7080.1500, Subpart 4 Item B must be brought
into compliance within 36 months of the date of the Notice of Noncompliance discovery by the Department
or within 10 months from the date of the properly transfer, whichever is the earlier date.
O. Minnesota Rules, Chapter 7082.0700, Subpart 2, Item Al, is amended to include: Compliance inspections of
existing SSTS are required:
1. Before any permit or variance is issued for a property with an SSTS located in a Shoreland Area (1000
feet of a lake, pond, or flowage; or 300 feet of a river or stream or the landward extent of a floodplain)
subject to the exceptions in Carver County Zoning Code, § 152.122.
2. When there is a change in the use of the property or structure(s) that would affect water use, including but
not limited to: a permit or variance to expand a structure for the purpose of a bedroom, home business,
contractor's yard, or daycare. The Certificate of Compliance must also certify that all components are
sized to current State minimum requir ements for the additional bedroom or the change in use
3. When an SSTS construction permit is req uired to repair, modify, or upgrade an existing SSTS.
4. At the time of property sale or transfer, in accordance with § 52.169. Any evaluation, investigation,
inspection, recommendation, or other process used to prepare a disclosure statement, if conducted by a
party who is not the SSTS owner, constitutes a compliance inspection, and must be conducted in
accordance with Minnesota Rules, Chapter 7080.1500.
5. When there is a division of land purs uant to Carver County Zoning Code. & 152.035 (D).
6. During systematic lake or area wide SSTS surveys by the Department as described in § 52.043.
7. Any time that a building permit is applied for and no record of a soil treatment and dispersal system
exists.
P. Minnesota Rules, Chapter 7083.0700, Item B, is repealed.
Q. Minnesota Rules, Chapter 7083.0700, Item F, is amended as follows: An owner may abandon an SSTS on
property they own if a final inspection is conducted by the Department or licensed SSTS professional An
individual or business, independent of the owner, which abandons an SSTS must be licensed as an SSTS
professional by the Minnesota Pollution Control Agency.
R. Minnesota Rules, Chapter 7083.0770 Subpart 2 is amended to include: Submit a tank maintenance report for
each SSTS to the Department and the property owner.
Page 5
§ 52.032 SSTS Setbacks
SSTS must be designed and installed to comply with the following minimum setback distances measured in feet:
(Minnesota Rules, Chapter 7080.1710, Item B and Minnesota Rules, Chapter 4725)
z (Minnesota Rules, Chapters 4725 and 4715)
' (Minnesota Rules, Chapter 4715)
4 (Minnesota Rules, Chapter 7080.215 Table VII)
5 (Minnesota Rules, Chapter 7080.215 Table VII)
6 (When lot size prohibits meeting the required 10' setback from the toe of the slope the 10' setback may be measured from the absorption area with Department
approval and a survey verifying the proposed setback. Said survey must be provided by the property owner at the property owner's expense.)
7 (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120)
Page 6
Tank(s)/
Soil Treatment and
Building Sewer or
Feature
Sealed
Dispersal Area/
Supply Pipes
Privy
Unsealed Privy
Private, single family water supply well with less
than 50 feet of casing and not encountering 10
50
100
50
feet of impervious material.'
Any other private, single family water supply
50
50
50
well or buried water suction pipe .2
Buried pipe distributing water under pressure .3
10
10
10
Structure(s)4
10
20
-
10
Property Lines and Road Right of Ways
10
Above grade systems will be
-
measured from the toe of the
slope.
Ordinary High Watermark of
150
150
-
Natural Environmental Lakes. '
Ordinary High Watermark of
Recreational Development Lakes
75
75
-
and Protected Water Courses.'
Ordinary High Watermark of
50
50
-
General Development Lakes.'
Swimming Pool.
10
10
-
Slopes of 20% or greater.
20
20
-
Bluff.
(Average Grade 25% Slope and has a
50
50
25' Rise in Elevation.)
10
Interceptor Drains.
(20 feet in Shoreland Areas.)
(Minnesota Rules, Chapter 7080.1710, Item B and Minnesota Rules, Chapter 4725)
z (Minnesota Rules, Chapters 4725 and 4715)
' (Minnesota Rules, Chapter 4715)
4 (Minnesota Rules, Chapter 7080.215 Table VII)
5 (Minnesota Rules, Chapter 7080.215 Table VII)
6 (When lot size prohibits meeting the required 10' setback from the toe of the slope the 10' setback may be measured from the absorption area with Department
approval and a survey verifying the proposed setback. Said survey must be provided by the property owner at the property owner's expense.)
7 (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120)
Page 6
52.033 Determination of Hydraulic Loading Rate and SSTS Sizing
A. Table IX from Minnesota Rules, Chapter 7080.2150, Subpart 3, Item E. entitled "Loadine Rates for
Determining Bottom Absorption Area and Absorption Ratios Using Detail Soil Descriptions" and herein
adopted by reference, must be used to determine the hydraulic loading rate and infiltration area for all SSTS
permitted under this Chapter.
B. Percolation Testing may also be required per & 52.142 C2. Table IXa from Minnesota Rules, Chapter
7080.2150, Subpart 3, Item E, entitled "Loading Rates for Determining Bottom Absorption Area and
Absorption Ratios Using Percolation Tests" and herein adopted by reference. The larger sizing factor of the
two must be used for the SSTS design.
§ 52.034 Holding Tanks
Holding tanks may be used for single family homes and other structures with limited water use, as determined by the
Department, under the following conditions:
A. Holding tank(s) may be allowed for structures or pre- existing dwellings where an SSTS, as described in
Minnesota Rules, Chapter 7080.2210 through 7080.2230, or site conditions described in Minnesota Rules,
Chapter 7081.0270, Subparts 3 through 7, cannot reasonably be installed as determined by the Department.
B. Septic tank(s) may be allowed temporarily as holding tank(s) for:
1. New residential construction completed when the ground is frozen or the soil is above the plastic limit
not allowing the full soil treatment and dispersal system to be installed.
2. Repair of an Imminent Threat to Public Health or Safety in accordance with § 52.051.
C. Holding tank(s) must not be used as an SSTS for:
1. New residential construction.
2. Improvements greater than 50% of the assessed value of the structure at the time of the application for
the improvement.
3. Recreational uses on undeveloped lots of record.
D. A minimum of a 1500 gallon holding tank must be installed in accordance with Minnesota Rules, Chapter
7080.2290.
E. The property owner must provide to the Department a copy of a valid monitoring and disposal contract
executed between the property owner and a licensed SSTS maintainer, which guarantees the removal of the
holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minnesota
Rules, Chapter 7082.0100, Subpart 3, Item G.
F. The property owner must hold a valid contract with a licensed SSTS maintainer at all times.
G. The licensed SSTS maintainer must certify the date the pumping occurred, number of gallons removed, any
tank leakage below or above the operating depth, and the treatment facility to which the waste was
discharged and if applicable, water meter reading at the time of pumping. The licensed SSTS maintainer is
to note any safety concerns, troubleshooting or repairs conducted.
52.035 SSTS Construction in Floodnlains
SS TS must not be located in a floodway and wherever possible, location within anv hart of a floodplain should be
avoided. If no option exists to locate an SSTS outside of a floodplain, location within the flood fringe is allowed if
the requirements in Minnesota Rules, Chapter 7080.2270 and all relevant local requirements are met
52.036 Class V Iniection Wells
All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in 40 C.F.R. &
144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection
Agency as described in 40 C.F.R. & 144. Further, owners are reauired to identifv all Class V iniection wells in
roperty transfer disclosures.
Page 7
GENERAL REQUIREMENTS
RETROACTIVITY
§ 52.040 All SSTS
Except as explicitly set forth in § 52.041, all provisions of this Chapter shall apply to any SSTS regardless of the date
it was originally permitted.
52.041 Existing SSTS Construction Permits
Unexpired SSTS construction permits which were issued prior to the effective date of this Chanter shall remain valid
until the original expiration date or until a change in property ownership, whichever is earlier and shall be governed
by the rules in effect at the time the SSTS construction permit was issued.
§ 52.042 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 systems as described in Minnesota Rules, Chapters 7080.2210 through 7080.2230 or site conditions
described in Minnesota Rules, Chapter 7081.0270, Subparts 3 through 7, as identified by a licensed SSTS designer.
It shall be the responsibility of the property owner to preserve and protect the soil treatment and dispersal areas from
compaction, building, or other activities which could conceivably limit the use of the sites for sewage treatment and
dispersal.
§ 52.043 Existing SSTS without Permits
In order to meet water quality goals, the County Board may, from time to time, adopt by resolution programs to
accelerate SSTS compliance. The resolution may identify specific geographic areas, timelines for compliance,
establish incentives, target specific system types, and may include such other provisions as necessary to accomplish
the goals.
SSTS UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT
§ 52.050 Failure to Protect Groundwater
An SSTS that is determined not to be protective of groundwater in accordance with Minnesota Rules, Chapter
7080.1500, Subpart 4, Item B, must be connected to a municipal wastewater treatment system, upgraded, repaired,
replaced, or abandoned in accordance with the provisions of this Chapter within 36 months of the date of the Notice
of Noncompliance, discovery by the Department, or within 10 months from the date of property transfer, whichever
is the earlier date The Department has the authority to require repair or replacement of the SSTS sooner than
specified above.
§ 52.051 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, Subpart 4, Item A, must be connected to a municipal wastewater treatment system, upgraded,
repaired, replaced, or abandoned in accordance with the provisions of this Chapter within 10 months of the date of
the Notice of Noncompliance or discovery by the Department, whichever is the earlier date. The Department has the
authority to require repair or replacement of an ITPH sooner than specified above. The Department may require the
property owner to:
A. Respond within five business days of notification by submitting a plan for abating the discharge.
B. Pump the septic tank(s) as an interim abatement measure.
§ 52.052 SSTS Employing Artificial Drainage
A. Existing curtain drain systems identified through a compliance inspection and resulting in failure due to lack
of separation to the periodically saturated soils may continue in use if the SSTS is enrolled in the curtain
drain monitoring program and continues to meet the requirements of said program.
B. Curtain drain systems that do not have the required separation to the periodically saturated soils but meet the
requirements of the curtain drain monitoring program shall not be considered failing for the purposes of this
paragraph.
C. If at any time during the monitoring of the SSTS, the requirements of the program are not met, the SSTS will
be deemed failing and the SSTS must be brought into compliance.
Page 8
§ 52.053 Abandonment
A. Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in
accordance with Minnesota Rules, Chapter 7080.2500.
B. A property owner may retain a licensed SSTS business to abandon all the components of the SSTS, and
submit the MPCA's SSTS Abandonment Reporting Form to the Department within 30 days of the
abandonment, or complete the abandonment themselves provided a final inspection is conducted by the
Department or a licensed SSTS professional.
SSTS CONSTRUCTION PERMIT
§ 52.060 SSTS Construction Permit Required
It is unlawful for any person, business, firm, or corporation to construct, install, modify, replace, or operate an SSTS
without the appropriate permit from the Department. The issuing of any permit, variance, or conditional use under
the provisions of the Carver County Zoning Code shall not absolve the property owner(s) of responsibility to obtain
any other required permits.
§ 52.061 SSTS Construction Permit
An SSTS construction permit must be obtained by the property owner, or an agent of the property owner, from the
Department prior to the installation, construction, replacement, modification, alteration, repair, or capacity expansion
of an 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 SSTS
professional(s).
§ 52.062 Activities Requiring an SSTS Construction Permit
A. An SSTS construction permit is required for the installation of a new SSTS, replacement of an existing
SSTS, or any repair or replacement of components that will alter the original design, layout, function,
treatment capacity, or location of the system.
B. Rejuvenation and remediation technologies are allowed as prescribed in Minnesota Rules, Chapter
7080.2450, Subpart 8; or successor rules. These types of repair technologies are not to be considered a minor
repair, and require an SSTS construction permit as set forth in § 52.061 of this Chapter.
§ 52.063 Activities Not Requiring an SSTS Construction Permit
An SSTS construction permit is not required for minor repairs as long as the repairs do not change the original
design, layout, function, treatment capacity, or location of the system. Examples of such minor repairs include, but
are not limited to: replacement of the pump, floats, alarm, inspection pipes or caps maintenance hole risers or tank
baffles.
§ 52.064 SSTS Construction Permit Required to Obtain Building Permit
A. For any property on which an SSTS construction permit is required, approval and issuance of a valid SSTS
construction permit must be obtained before a building or land use permit may be issued by the Carver
County Public Health and Environment Division.
B. Failure to submit an existing SSTS compliance inspection for a property transfer, pursuant to& 52.169 will
result in all future building or land use permit application(s) for the property to be denied until a Certificate
of Compliance is submitted for the existing SSTS, or an escrow account is established and an SSTS
construction permit is issued.
52.065 Conformance to Prevailing Requirements
Any activity involving an existing SSTS that requires an SSTS construction permit shall reauire that the entire SSTS
be brought into compliance with Minnesota Rules, Chapter 7080.1500 and verification of anv existing tank(s)
proposed for reuse must meet Minnesota Rules, Chapter 7080.2010. Subpart 1. Item A.
§ 52.066 SSTS Construction Permit Application Requirements
SSTS construction permit applications must be made on forms provided by the Department and signed by the
property owner and the licensed SSTS installer including the installer's certification number and date of expiration
The applications must include the documents listed in items A through E below.
Page 9
A. Name, mailing address, telephone number, and email address.
B. Property Identification Number and address or other description of property location.
C. Site Evaluation Report as described in Minnesota Rules, Chapter 7080.1730.
D. Design Report as described in Minnesota Rules, Chapter 7080.2430.
E. SSTS Management Plan and/or Operating Permit Application as described in Minnesota Rules, Chapter
7082.0600.
52.067 SSTS Construction Permit Application Review and Response
The Department is authorized to review an SSTS construction permit application and supporting documents. Upon
the Department's satisfaction that the proposed work will conform to the provisions of this Chapter, a written permit
authorizing construction of the SSTS as designed may be issued. In the event the applicant makes a significant
change to the approved SSTS construction permit, the applicant must file an amended SSTS construction permit
application and SSTS Management Plan detailing the changed conditions prior to initiating or continuing SSTS
construction, modification, or operation for approval or denial.
§ 52.068 SSTS Construction Permit Denied
If an application for an SSTS construction permit is denied, notice of denial, including reasons for said denial, will be
mailed to the address set forth in the SSTS construction permit application.
§ 52.069 Appeal
A. Hearing. An appeal from any order, requirement, decision, or determination from the Department shall be
heard by the Board of Adjustment pursuant to Carver County Zoning Code, § 152.214.
B. Stay of Action. An appeal stays all proceeding and furtherance of the action appealed from unless the Board
of Adjustment certifies that by reason of the facts stated in the certificate the stay would cause imminent peril
to life or property.
C. Action to Board of Adjustment. The Board of Adjustment may reverse or affirm wholly or partly or may
modify the order, requirement, decision, or determination appealed from and to that end shall have all of the
powers of the officer from whom the appeal was taken and may direct issuance of the permit. The reasons
for the Board of Adjustment's decision shall be stated in writing.
§ 52.070 SSTS Construction Permit Expiration
The SSTS construction permit is valid for a period of one year from its date of issue, provided the preliminary and
field evaluations for the SSTS design were completed within 24 months of the date of the SSTS installation.
§ 52.071 Fees
The County Board has the authority to 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. Construction
started before an SSTS construction permit has been obtained shall be charged twice the current SSTS construction
permit fee.
52.072 SSTS Construction Permit Transferability
An SSTS construction permit shall not be transferred to a new property owner or different licensed SSTS installer.
The new property owner or licensed SSTS installer must amend the SSTS construction permit in accordance with
this Chapter.
§ 52.073 SSTS Construction Permit Suspension or Revocation
The Department may suspend or revoke an SSTS construction permit issued under this Chapter for any false
statements, erroneous or inaccurate data supplied by the property owner or licensed SSTS designer, or revised
interpretation of the law by the Department or a building official, misrepresentations of facts on which the SSTS
construction permit was issued or unauthorized changes to the SSTS. A notice of suspension or revocation and the
reasons for the suspension or revocation shall be conveyed in writing to the property owner and the licensed SSTS
installer. If suspended or revoked, installation or modification of an SSTS may not commence or continue until a
valid SSTS construction permit is obtained.
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52.074 SSTS Construction Permit Posting
The SSTS construction permit must be posted on the property in such a location and manner so that the SSTS
construction permit is visible and available for inspection until SSTS construction is completed and a Certificate of
Compliance is issued.
SSTS MANAGEMENT PLAN
52.085 Purpose
The purpose of an SSTS Management Plan is to describe how a particular SSTS is intended to be operated and
maintained to sustain the performance required.
52.086 SSTS Requiring Management Plans
SSTS Management Plans are required for all new or replacement SSTS. The SSTS Management Plan must be
submitted to the property owner and the Department with the SSTS construction permit application.
52.087 Required Contents of an SSTS Management Plan
SSTS Management Plans shall include:
A. Operating requirements describing tasks that the property owner can perform and tasks that a licensed SSTS
service provider or maintainer must perform.
B. Monitoring requirements.
C. Maintenance requirements including maintenance procedures and a schedule for routine maintenance.
D. Statement that the property owner is required to notify the Department when the SSTS Management Plan
requirements are not being met.
E. Disclosure of the location and condition of the additional soil treatment and dispersal area on the owner's
prope or a property serving the owner's residence.
F. Other requirements as determined by the Department.
§ 52.088 Requirements for SSTS not Operated under a Management Plan
SSTS that are not operated under an SSTS Management Plan must have sewage treatment tanks inspected and
provide for the removal of solids if needed every three years. Solids must be removed when their accumulation
meets the limit described in Minnesota Rules, Chapter 7080.2450.
SSTS OPERATING PERMIT
52.095 SSTS Requiring an Operating Permit
A. An SS TS_ O perating Permit shall be required of all owners of new Type IV, Type V. MSTS, or anv other
SSTS deemed by the Department to require operational oversight. Sewage effluent must not be discharged
to the soil treatment and dispersal system until the Department certifies that the SSTS was installed in
substantial conformance, as determined by the Department, with the approved plans and a valid SSTS
Operating Permit is issued to the property owner.
B. Type IV, Type V, and MSTS installed prior to the effective date of this Chapter shall require an SSTS
Operating Permit upon transfer of ownership, replacement, modification, or expansion of the SSTS that
requires an SSTS construction permit, or following any SSTS enforcement action.
4 52.096 SSTS Operating Permit Application Requirements
A. Application for an SSTS Operating Permit must be made on a form provided by the Department including_
1. Property owner's name, mailing address, telephone, and email address.
2. SSTS construction permit reference number and date of issue.
3. Final record drawings of the SSTS.
4. SSTS Operating Permit Contracts:
Page 11
a. The owner of a Type IV, Type V, MSTS, or any other SSTS deemed by the Department to require
operational oversight must hold a valid contract with a licensed SSTS service provider at all times,
until the time the SSTS is properly abandoned.
52.097 SSTS Operating Permit Department Response
The Department is authorized to review the SSTS record drawings, operation and maintenance manual, management
plan, maintenance and servicing contract, and any other pertinent documents as appropriate for accuracy and
completeness. If any deficiencies are identified, the SSTS Operating Permit shall be denied until the deficiencies are
corrected to the satisfaction of the Department.
452.098 SSTS Operating Permit Terms and Conditions
The SSTS Operating Permit must include the following:
A. SSTS performance and operating requirements.
B. Maintenance requirements and frequency.
C. Monitoring locations, procedures, and recording requirements.
D. Compliance limits and boundaries.
E. Reporting requirements of monitoring and maintenance.
F. Requirement that the property owner and licensed SSTS service provider must notify the Department when
the SSTS Operating Permit requirements are not being met.
G. Disclosure of the location and condition of the alternate SSTS location.
H. Stipulation of acceptable and prohibited discharges.
I. Valid contract between the property owner and a licensed SSTS maintenance business or service provider.
52.099 SSTS Operating Permit Expiration and Renewal
A. SSTS Operating Permits shall be valid for the specific term stated on the permit as determined by the
Department.
B. An SSTS Operating Permit must be renewed prior to its expiration. If not renewed, the Department may
require the SSTS to be removed from service or operated as a holding tank until the SSTS Operating Permit is
renewed. If not renewed within 30 calendar days of the expiration date, the Department may require that the
SSTS be abandoned in accordance with § 52.053.
52.100 Amendments to Existing SSTS Operating Permits not Allowed
The Department may not amend an existing SSTS Operating Permit to reflect changes in this Chapter until the hermit
term has expired unless an amendment is necessary to eliminate an imminent threat to public health or safety.
52.101 SSTS Operating Permits Not Transferrable
A new property owner must apply for an SSTS Operating Permit in accordance with & 52.096 of this Chapter. The
Department must not terminate the current SSTS Operating Permit until 60 calendar days after the date of the
property transfer. To consider the new property owner's application, the Department may require monitoring by a
licensed SSTS service provider in accordance to § 52.103.
52.102 Suspension or Revocation of SSTS Operating Permits
A. The Department may suspend or revoke any SSTS Operating Permit issued under this section for any false
statements or misrepresentations of facts on which the SSTS Operating Permit was issued or if an imminent
threat to public health exists.
B. Notice of suspension or revocation and the reasons for revocation must be conveyed in writing to o the property
owner.
C. If suspended or revoked, the Department may require that the SSTS be removed from service, operated as a
holding tank, or abandoned in accordance with 52.053
D. At the Department's discretion, the SSTS Operating Permit may be reinstated or renewed upon the property
owner taking g_ppropriate corrective actions.
Page 12
52.103 Monitoring Requirements for SSTS Operating Permits
A. Monitoring of an SSTS must be performed by a licensed SSTS service provider hired by the holder of the
SSTS Operating Permit in accordance with the monitoring frequency and parameters stipulated in the SSTS
Operating Permit.
B. A monitoring report must be prepared and certified by the licensed SSTS service provider. The report must
be submitted to the Department on or before the reporting date stipulated in the SSTS Operating Permit. The
report must contain a description of all maintenance and servicing activities performed since the last
monitoring report as described below:
1. Property owner's name and address.
2. SSTS Operating Permit number.
3. Average daily flow since last monitoring report.
4. Description of type of maintenance and date performed.
5. Description of samples taken (if required), analytical laboratory used, and results of analvses.
6. Problems noted with the SSTS, and actions proposed, or taken, to correct them.
7. Name, signature and license number of the licensed SSTS service provider who performed the work
PROHIBITIONS
52.120 Occupancy or Use of a Structure without a Compliant SSTS
It is unlawful for any person to maintain, occupy, or u se any dwelling or structure with plumbing that is not:
A. Connected to a municipal wastewater treatment system; or
B. Provided with an SSTS that disposes of wastewater in a manner that complies with the provisions of this
Chapter.
§ 52.121 Sewage Discharge to Ground Surface or Surface Water
It is unlawful for any person to construct, maintain, or use any SSTS, regulated under this Chapter, 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.
§ 52.122 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 Minnesota
Rules, Chapter 4725.2050, or any other excavation in the ground that is not in compliance with this Chapter.
§ 52.123 Discharge of Hazardous or Deleterious Materials
It is unlawful for any person to discharge into any SSTS, regulated under this Chapter, any hazardous or deleterious
material that adversely affects the treatment or dispersal performance of the system or groundwater quality.
52.124 Conflicts of Interest
A licensed SSTS inspector working on behalf of a local unit of government must not design or install SSTS that the
inspector/business will be responsible for permitting or r inspectin as part of its local government duties A person
working for or on behalf of a local unit of government is not allowed to use the person's position to solicit for private
business gain.
VARIANCES
§ 52.130 Variance Requests
A property owner may request a variance from the standards as specified in this Chapter pursuant to County policies
and procedures.
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52.131 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.
§ 52.132 Board of Adjustment
The Board of Adjustment has the authority to consider variances in accordance with Minnesota Rules, Chapter 7080,
Chapter 7081, and Chapter 7082. Variances shall only be allowed when they are in harmony with the general
purposes and intent of this Chapter where there are practical difficulties or particular hardship in meeting the strict
letter of this Chapter. Applicants must follow the requirements of Carver County Zoning Code, § 152.215.
The Board of Adjustment may not grant variances to the following standards:
A. Flow determinations under Minnesota Rules, Chapter 708 1.0110, if the deviation reduces the average daily
estimated flow from greater than 10,000 gallons per day to less than 10,000 alg_lons per day.
B. Provisions in Minnesota Rules, Chapter 7080.2150, Subpart 2, Items A -D, and 7081.0080, Subparts 2 - 5,
regarding the vertical separation required beneath the distribution media and saturated soil or bedrock from
the required three feet of unsaturated soil material, except as provided in Minnesota Rules, Chapter
7080.2350, must be approved by MPCA.
C. Variances to wells and water supply lines must be approved by the Minnesota Department of Health.
SSTS PRACTITIONER LICENSING
§ 52.140 SSTS Practitioner Licensing
No person shall engage in site evaluation, inspection, design, installation, construction, alteration, extension, repair,
maintenance, or pumping of an SSTS without an appropriate and valid license issued by the MPCA, except as
exempted in § 52.141.
§ 52.141 SSTS Business License Exemptions
An SSTS business license is not required for:
A. An individual who is a qualified employee performing work as directed by a state or local government
employer.
B. A property owner who properly abandons an SSTS provided a final inspection is conducted by the
Department or licensed SSTS professional.
C. An individual who performs supervised labor or services as an employee of a licensed SSTS business.
D. A farmer who pumps septage from an SSTS that serves dwellings or other establishments that are owned or
leased by the farmer and applies septage on land that is owned or leased by the farmer.
E. A property owner, who personally gathers existing information, evaluates, and investigates an SSTS, to
provide a disclosure as defined in Minnesota Statutes, section 155.55, Subdivision 6, for a dwelling that is
owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual.
F. An individual who maintains a toilet waste treatment device for a dwelling that is owned by the individual
and functions solely as a dwelling or seasonal dwelling for that individual.
G. An individual who performs tasks identified in the SSTS Management Plan, that does not require an SSTS
maintainer or service provider license, for a dwelling that is owned by the individual and functions solely as a
dwelling or seasonal dwelling for that individual
H. The owner or designee of a campground or other similar facility who removes and transports sewage wastes
from recreational vehicles into a holding or treatment system located on the same property as the facility.
§ 52.142 SSTS Licensed Designer Responsibilities
It is the responsibility of the licensed SSTS designer to submit a design of sufficient detail to allow adequate review
for compliance by the Department. At a minimum the following is required:
A. A detailed desim using worksheets approved by the Department.
Page 14
B. The soil observation data must be dated within 12 months of the date of the SSTS construction permit
application and verify that there are two soil treatment and dispersal areas, that can support systems as
described in Minnesota Rules, Chapters 7080.2210 through 7080.2230, or site conditions described in
Minnesota Rules, Chapter 7081.0270, Subparts 3 through 7, available on the lot. Lots existing prior to
January 23, 1996 must provide for one complete SSTS.
C. The site plan must be drawn to scale, include a North arrow, horizontal, and vertical reference points for the
proposed SSTS. The site plan must also include:
1. The location of all soil observations and other testing, all wells and their depth(s) within 100 feet of the
proposed SSTS, and water lines within 50 feet.
2. Any evidence of cut, filled, disturbed, compacted, or other unsuitable soil on the lot. SSTS proposed in
these areas may require a method to determine the timed rate of water flowing through the soil.
Acceptable methods include, but are not limited to: percolation tests, permeameter tests, and
infiltrometer tests.
3. The distance from proposed SSTS to all other required setbacks including: existing or proposed
structures, or improvements, easements, Ordinary High Water Level, property line(s), and road right of
way(s).
4. Slope with percent and direction.
Elevations of the soil observations, periodically saturated soils, and the proposed bottom of the soil
treatment and dispersal system in reference to a bench mark. Flood elevation and /or OHW, are to be
included if applicable.
D. The center of each trench, corners of the bed, and any toe slopes must be staked. The entire area is to be
protected from disturbance, compaction, or other damage by installing snow or silt fence when there is any
other construction proposed on the property.
1. SSTS soils altered by construction traffic or other means will require a revised design be submitted to
the Department along with any required fees.
E. If a proposed SSTS design cannot meet a technical requirement of this Chapter, Minnesota Rules, Chapter
7080, or Chapter 7081, it is the responsibility of the licensed SSTS designer to contact the Department
before the design is completed.
F. Reuse of any tank(s) for a replacement SSTS must include the MPCA Tank Integrity and Safety Compliance
form and be included with the SSTS design and SSTS construction permit application.
G. Submit any additional requirements as may be required by the Department or the MPCA.
§ 52.143 SSTS Licensed Installer Responsibilities
It is the responsibility of the licensed SSTS installer to:
A. Verify the SSTS layout and placement, proper soil moisture conditions for excavation, elevations of sewage
tanks, and soil treatment and dispersal system.
B. Ensure all work is installed in strict accordance with the design as approved by the Department. If the
system is not or cannot be constructed as designed, it shall be the responsibility of the licensed SSTS
installer to inform the licensed SSTS designer and the Department. If proposed changes are approved by the
licensed SSTS designer and the Department, it shall be the responsibility of the licensed SSTS installer to
submit new or amended designs to the Department before completing construction.
C. Follow recommended standards and guidance documents for registered products, check the quality of tanks,
and other materials used.
Page 15
D. Schedule required inspections with the Department before 3:00 pm the day before an inspection or
reinspection is requested.
1. Failure of the licensed SSTS installer to cancel an inspection, at least one hour before the
scheduled time, will result in a penalty fee as set forth in the Carver County Fee Schedule.
2. Failure to pay the penalty fee will result in a freeze on all future SSTS inspections for the
affected property until the penalty fee has been paid.
3. Upon inspection, any part of the SSTS that is determined, by the Department, not to be in compliance
with this Chapter, Minnesota Rules, Chapter 7080, or Chapter 7081, must be properly corrected and
reinspected before a Certificate of Compliance is issued.
4. Additional inspections required due to violations of this Chapter will be subject to a re- inspection fee as
set forth in the Carver County Fee Schedule. The re- inspection payment must be received by the
Department within ten days following the re- inspection.
5. If the Department is unable to complete an inspection, the licensed SSTS installer is to take photographs
of critical construction phases. The photos are to be submitted along with an As Built and any other
requested documentation to the Department. The Certificate of Compliance will not be issued until the
Department has reviewed the submitted documentation.
6. Lack of inspection(s) by the Department shall not relieve or lessen the responsibility or liability of any
person owning, operating, controlling, monitoring, or installing any SSTS.
E. Uncover, upon request from the Department, any work which is backfilled prior to scheduled inspection(s) to
determine compliance.
F. Provide, upon request from the Department, a copy of the final electrical report to the Department within ten
working days of the request. The Department may withhold issuing a final Certificate of Compliance if the
electrical report is not received by the Department when requested.
G. Fulfill any additional requirements as may by e required by the Department or the MPCA.
§ 52.144 SSTS Licensed Maintainer Responsibilities
It is the responsibility of the licensed SSTS maintainer to:
A. Have equipment capable of agitating the contents of the tank(s).
B. Thoroughly remove sludge and scum through the maintenance holes.
1. If the property owner or owner's agent refuses to allow removal through the maintenance hole, the
maintainer must obtain a signed statement from the property owner or owner's agent, stating said parties
were informed of correct removal procedures and reason for refusal. A copy of this statement must be
submitted to the Department within 30 days of the pumping.
C. Not any sensory observations of nondomestic wastes that have been dischareed into the SSTS.
D. Assess the condition of baffles, effluent screens, maintenance hole covers and extensions.
E. Verify that the tank(s) and all connections are watertight.
F. Submit a tank maintenance report for each property on forms approved by the Department, to the
Department and the property owner. The amount pumped, method, and location of septage disposal must
also be included on said form.
G. Remove all septage from the tank(s) in a sealed container and dispose of in accordance with State, Federal,
and Local requirements.
Page 16
1. If septage is to be disposed of into a municipally - controlled wastewater treatment system or into a
Metropolitan Waste Control Commission facility, it must be disposed of in a location and manner
approved by said governmental authority.
2. If septage is to be disposed of using land application, Minnesota Pollution Control Agency (MPCA)
Septage and Restaurant Grease Trap Waste Management Guidelines, Water/Wastewater -ISTS #4.20,
must be followed.
H. Fulfill any additional requirements as may be required by the Department or the MPCA.
52.145 SSTS Licensed Service Provider Responsibilities
It is the responsibility of the licensed SSTS service provider to:
A. Assess the operational status and SSTS performance by sampling, measuring, and observing. to veri
compliance with the SSTS Management Plan or Operating Permit.
B. Preserve, store, and ship samples for analysis and interpret sampling results.
C. Adjust, repair, or replace components to bring the SSTS into proper operational compliance.
D. Report sampling results, operational observations, system adjustments, and other management activities, in
compliance with local ordinances, SSTS Management Plans or Operating Permit requirements, before
December 1 st each year to the property owner and the Department.
E. Observe and provide written reports of any noncompliance to the property owner and the Department within
30 days.
F. Fulfill any additional requirements as may be required by the Department or the MPCA.
§ 52.146 SSTS Licensed Inspector Responsibilities
It is the responsibility of the licensed SSTS inspector to:
A. Submit the completed Minnesota Pollution Control Agency Compliance Inspection Form for Existing SSTS
to the Department and the property owner within 15 calendar days from the date of the inspection.
B. Fulfill any additional requirements as may be reauired by the Department or the MPCA.
§ 52.147 Periodically Saturated Soil Disagreements
If a documented discrepancy arises on the depth of the periodically saturated soil between licensed individuals for
SSTS design or compliance purposes, all disputing parties must follow the procedure outlined in Minnesota Rules,
Chapter 7082.0700, Subpart 5.
ADMINISTRATION
§ 52.155 Public Education Outreach
Programs may be provided by the Department and/or others to increase public awareness and knowledge of SSTS.
Programs may include distribution of educational materials through various forms of media and SSTS workshops
focusing on SSTS planning, construction, operation, maintenance, and management.
52.156 Record Keeping
The Department will maintain records of SSTS construction permit applications, issued SSTS construction permits
fees assessed, variance requests, Certificates of Compliance, Notices of Noncompliance, enforcement proceedings
site evaluation reports, design reports, record drawings, management plans, operating permits maintenance reports,
an annual list of all sewage tanks installed in the County sorted by licensed SSTS installers, and other records
relevant to each SSTS.
52.157 Annual Report
The Department shall provide an annual report of SSTS permitting activities to the MPCA.
Page 17
SSTS COMPLIANCE INSPECTION PROGRAM
§ 52.165 Department Responsibility
The Department, or its agent, is authorized to perform various SSTS inspections to assure that the requirements of
this Chapter are met.
A. The Department must be given access to enter a property at any reasonable time to inspect and/or monitor the
SSTS. As used in this paragraph, "property" does not include a residence or private dwelling.
B. No person shall hinder or otherwise interfere with the Department's performance of their duties and
responsibilities pursuant to this Chapter. Refusal to allow reasonable access to the property by the
Department shall be deemed a separate and distinct offense.
§ 52.166 New SSTS Construction or Replacement
A. Inspections must be performed on new or replacement SSTS to determine compliance with Minnesota
Rules, Chapters 7080 or Chapter 7081, by a qualified employee or licensed SSTS inspection business,
authorized by the Department, who is independent of the property owner and the licensed SSTS installer.
1. Inspections for Type I SSTS may include, but are not limited to: soil verification, pre -rough up (if
needed), tank installation, distribution media/pipe installation, and final inspection.
2. Inspections for all other SSTS Types will include applicable Type I SSTS inspections, and additional
inspections, as determined necessary by the Department.
B. The soil treatment and dispersal system must not be placed into operation until a Certificate of
Compliance has been issued.
C. A Certificate of Compliance must be issued by the Department, if the Department has reasonable
assurance that the SSTS was built in accordance with the applicable requirements as specified in the
SSTS construction permit.
D. The Certificate of Compliance must include a certified statement by the qualified employee or licensed
SSTS inspector, authorized by the Department, who conducted the inspection that the SSTS is or is not in
compliance with the Chapter requirements.
E. Certificates of Compliance for new SSTS construction or replacement shall remain valid for 5 years from
the date of issue, unless the Department finds evidence of noncompliance
§ 52.167 Existing SSTS Compliance Inspection
A. Compliance inspections of existing SSTS are required:
1. Before any permit or variance is iss ued for a property with an SSTS located in a Shoreland Area (1000
feet of a lake, pond, or flowage; or 300 feet of a river or stream or the landward extent of a floodplain)
subject to the exceptions in Carver County Zoning Code, § 152.122.
2. When there is a change in the use of the property or structure(s) that would affect water use, including
but are limited to: a permit or variance to expand a structure for the purpose of a bedroom, home
business, contractor's yard, or daycare. The Certificate of Compliance must also certify that all
components are sized to State minimum requirements for the additional bedroom or the change in use
3. When an SST construction permit is required to repair, modify, or upgrade an existine SSTS.
4. At the time of property sale or transfer, in accordance with § 52.169. Any evaluation, investigation,
inspection, recommendation, or other process used to prepare a disclosure statement, if conducted by a
party who is not the SSTS owner, constitutes a compliance inspection, and must be conducted in
accordance with Minnesota Rules, Chapter 7080.1500.
5. When there is a division of land pursuant to Carver County Zoning g ode, § 152.035 (D).
6. During systematic lake or area wide SSTS surveys by the Department as described in § 52.043.
7. Any time that a building permit is applied for and no record of a soil treatment and dispersal system
exists.
Page 18
B. When a compliance inspection is required and cannot be completed, due to frost conditions, during the period
of November 1 to April 30, permits or land use application(s) pursuant to § 52.167 (A) can be issued provided
an escrow account is provided in the amount set forth in the Carver County Fee Schedule. A compliance
inspection must be performed before the following June 1 and/or the SSTS is brought into compliance by the
following September 30.
C. Compliance inspections of existing SSTS must be reported on the inspection report forms provided by
MPCA. The following conditions, must be assessed or verified
1. Tank watertightness assessment must be completed by pumping all of the tanks. A valid Tank Integrity
Report from a licensed SSTS maintainer must be provided.
2. A soil separation compliance assessment must be completed by a licensed inspection business or a
qualified employee inspector with jurisdiction. Compliance must be determined either by conducting
new soil observations or by prior soil separation documentation made by two independent parties. The
soil observations used for system design or previous inspections are allowed to be used if they contain
the information required in Minnesota Rules, Chapter 7080.1720, Subpart 5, Items B D and F. If the
soil separation has been verified by two independent parties, a subsequent determination is not required
unless requested by the owner or owner's agent.
3. Sewage backup, surface seepage, or surface discharge including a hydraulic function report.
4. Compliance with the SSTS Management Plan or SSTS Operating Permit if applicable.
D. The Certificate of Compliance must include a certified statement by a licensed SSTS inspector, indicating
whether the SSTS is in compliance with Chapter 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 Chapter provisions with which the SSTS does not comply.
E. SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained
monitored, or otherwise managed according to the SSTS Operating Permit.
F. SSTS found to be noncompliant with other applicable requirements must be brought into compliance with this
Chapter within the timeframes established in § 52.050 and § 52.051.
G. The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than
15 calendar days after the date the existing SSTS compliance inspection was performed.
H. Certificates of Compliance for existing SSTS shall remain valid for 3 years from the date of issue unless the
Department finds evidence of noncompliance.
I. The Department may waive an existing SSTS compliance inspection required by this Chapter, if the owner of
the real property served by an existing SSTS acknowledges in writing to the Department that the existing
SSTS is not compliant and will be brought into compliance with this Chapter within 10 months
§ 52.168 Compliance Criteria for Existing SSTS
A. SSTS that were built before Apri 1, 1996, are outside of areas designated as shoreland and wellhead
protection areas, and do not service a food, beverage, or lodging establishment, must have at least two feet of
vertical separation between the bottom of the distribution media and the periodically saturated soil and/or
bedrock. The vertical separation measurement must be made outside the area of system influence but in an
area of similar soil.
B. 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 in Minnesota Rules Chapter 7080 1100 Subpart 84 must
have three feet of vertical separation between the bottom of the distribution media and the periodically
saturated soil and/or bedrock. The vertical separation measurement must be made outside the area of system
influence but in an area of similar soil. Existing SSTS that have no more than a 15 percent 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 laver characteristics may
be considered compliant under this Chapter.
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§ 52.169 Transfer of Properties
A. Whenever a conveyance of land occurs, the following requirements shall be met:
1. The seller of the property is responsible for providing a completed Carver County Point of Sale
Certificate and MPCA Existing SSTS Compliance Inspection Form, with any required attachments, to
the buyer at or before closing. These documents shall provide the status and location of all known SSTS
and components thereof on the property and, if applicable, the requirements for bringing the SSTS into
compliance with this Chapter.
2. The buyer is responsible to file the Carver County Point of Sale Certificate, and required attachments,
along with the Certificate of Real Estate Value at the County Auditor's Office.
3. If the seller fails to provide a Certificate of Compliance, sufficient security must be established in the
form of an escrow account to assure the installation of a complying SSTS. The security, in the amount
set forth in the Carver County Fee Schedule, shall be placed in an escrow with a licensed real estate
closer, licensed attorney -at -law, or federal or state chartered financial institution. The SSTS must be
installed within the time frame established in § 52.050 and § 52.051. After a complying SSTS has been
installed and a Certificate of Compliance issued, the escrow may be released.
B. The MPCA Existing SSTS Compliance Inspection Form need not be obtained if the sale or transfer involves
one of the following circumstances:
1. Tract of land is vacant or contains no structures with plumbing fixtures.
2. The SSTS serving the existing dwelling or other structure with plumbing has been abandoned per &
52.053. Attach the MPCA's SSTS Abandonment Reporting Form
3. The transfer does not require the filing of a Certificate of Real Estate Value, as described in Minnesota
Statutes, section 272.115.
4. The transfer is a foreclosure or tax forfeiture. This subsection applies only for the transfer from the
original mortgagee, to the financial /lending institution or Local Unit of Government The subsequent
transfer shall meet the requirements of this Chapter.
5. A refinance of a property.
6. The sale or transfer is to the seller's spouse or ex- spouse only. The sale or transfer may be by deed,
through a joint tenancy, of a testamentary nature, or by trust document.
7. The sale or transfer completes a contract for deed or purchase agreement entered into prior to February
24, 1998. This subsection applies only to the original vendor and vendee on such a contract.
8. Dwellings or other structures connected exclusively to a municipal wastewater treatment system.
Including 201 systems which discharge directly to the Metropolitan Council Environmental Services
interceptor /collector sewer and do not utilize a septic tank(s) or soil treatment and disposal system.
C. All property conveyances subject to this Chapter occurring during the period between November 1st and
April 30th, and SSTS compliance cannot be determined due to frozen soil conditions, shall have an escrow
account established pursuant to the Carver County Fee Schedule. The buyer is responsible to have the
compliance inspection completed by the following June 1 st by a licensed SSTS inspector. If, upon
inspection, the SSTS is found to be in compliance, the funds in escrow may be released. If, upon inspection,
the SSTS is found to be non - compliant, the SSTS shall be brought into compliance within 10 months from the
date of property transfer.
D. Should the seller fail to have the compliance inspection completed, and neither party established an escrow
account, the buyer of the property becomes wholly responsible and shall have a Certificate of Compliance on
the existing SSTS submitted to the Department within 30 days of the property transfer or have the SSTS
brought into compliance within 90 days of the property transfer.
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ENFORCEMENT
§ 52.175 Violation a Misdemeanor
Any person, firm, agent, or corporation who violates any of the provisions of this Chapter, or who fails, neglects, or
refuses to comply with the provisions of this Chapter, including violations of conditions and safeguards, or who
knowingly makes any material false statement, or knowing omission in any document required to be submitted under
the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable as defined
by Minnesota State Statutes. Each day that a violation exists shall constitute a separate offense.
52.176 Notice of Violation
The Department is authorized to 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 may contain:
A. A statement documenting the findings of fact determined through observations inspections or investigations
B. A list of specific violation(s) of this Chapter.
C. Specific requirements for correction or removal of the specified violations)
D. A mandatory time schedule for correction removal and compliance with this Chapter.
§ 52.177 Cease and Desist Orders
Cease and desist orders may be issued when the Department has probable cause that an activity regulated by this, or
any other provision of this Chapter, is being, or has been conducted without an SSTS construction permit, or in
violation of an SSTS construction permit. When work has been stopped by a cease and desist order, the work shall
not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid and the
cease and desist order lifted.
§ 52.178 Civil Remedies
In the event of a violation or a threat of a violation of this Chapter, the County may institute appropriate civil actions
or proceedings, including injunctive relief, to prevent, restrain, correct, or abate such violations or threat of
violations. The County may recover costs incurred for corrective action in a civil action in any court of competent
jurisdiction, and such costs may be certified by court order to the County Auditor as a special tax against the real
property. These and other remedies, as determined appropriate by the County, may be imposed upon the property
owner, permitee, licensed SSTS installer, or other responsible person, either in addition to or separate from other
enforcement actions.
52.179 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 County, and shall not be deemed a limitation or repeal of any other powers
granted by Minnesota Statutes.
52.180 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
ADOPTION
§ 52.190 Adoption
The Carver County Subsurface Sewage Treatment System Chapter is hereby adopted by the Carver County Board of
Commissioners on the day of May, 2011 and shall be in full tierce and effect upon the date of its passage
Chairperson, Carver County Board of Commissioners
ATTEST:
EFFECTIVE DATE: May , 2011
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