2. Septic System Ordinance Rev
-
CITY OF
CHANHASSEN
690 City Center DrÍ1'e, PO Box 147
C/.ralJhassen, Millneso!t1 55317
Phone 612.937.1900
Genera¡ FiL, 612.937.5739
E/1gi/leaing Fax 612.937.9152
Pnblic Soft0' Fax 6/2.934.2524
Wt{¡WII'II'.ci.C{,¡llllrll.(iCII,ìIli¡,W
;I.
-
MEMORANDUM
TO:
Mayor and City Council
Don Ashworth, City Manager
Steve A. Kirchman, Building Official 4· a. k .
Scott Harr, Public Safety DirectortfA
October 28, 1998
FROM:
THROUGH:
DATE:
SUBJECT:
Individual Sewage Treatment Systems ordinance revisions
The purpose of this memo is solicit council input in order to begin the process of revising
Chanhassen City Code, Chapter 19, Article IV, Individual Sanitary Sewage Treatment Systems.
Back!!round:
The current code was adopted in January, 1987. It adopted and amended Minnesota Rules,
Chapter 7080, Individual Sewage Treatment System Standards by reference. Adoption of 7080
was voluntary at that time. Additional standards included in Chanhassen's code made it "state
of the art" for that time. Our code was developed in cooperation with Roger Machmeier of
Resource Engineering. Mr. Machmeier was one of the principal developers of Minnesota
Rules, Chapter 7080.
Minnesota Statutes were revised in 1996, requiring either the adoption of Chapter 7080 or the
adoption of more restrictive requirements.
Analvsis:
Our current ISTS code needs examination and possible revisions for two or three major reasons
and a number of minor reasons.
I. The current Chapter 7080 definition for a failing system stipulates different
reasons, with differing levels of importance, for failing systems. Chanhassen
codes do not differentiate between differing types offailing systems.
2. Chanhassen codes do not contain provisions for maintenance of ISTS.
3. It may be desirable to incorporate provision for inspecting, repairing and/or
replacing systems at the time a property is sold.
The City has a number of options regarding our ISTS code.
. Do nothing. Ifwe do nothing to bring our ISTS code into compliance with
Chapter 7080, The Carver County ordinance will be applicable within the City.
. Revise city code to be more restrictive than the county ordinance. A more
restrictive code will require state approval.
The City ofClJ/lIlbassfI/. A groll'¡I1,~ commwJi0' 1J.'it/1 clean Likes, q!!{I!i~)' Sc/I()(Jr, il chmnil/g dOl1'lltoli'lI. thri1'Ù¡g bwi!li'ssö, 1/lld /h'ill/!ifìd {',nki. A grt'izt pI/Ice to Ih'f, U'0i-k. and pLq.
,-
~
- ----- -
CARVER
COUNTY
INDIVIDUAL SEWAGE TREATMENT SYSTEM
ORDINANCE NO. 21E
ADOPTED BY THE
CARVER COUNTY BOARD OF COMMISSIONERS
OF CARVER COUNTY MINNESOTA
FEBRUARY 24, 1998
PI!tEMB
JUll 4 1998
~ ;SO SMEIY
CARVER COUNTY
Iì\'DIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE
ORDINANCE NO. 21E
An ordinance regulating the design, location, installation, construction, alteration, extension,
repair, use and maintenance of individual sewage treatment systems; requiring permits for
individual sewage treatment systems; payment of fees; providing for inspection; penalties for
failure to comply; issuing, denying, modifying, imposing conditions upon, suspending or
revoking permits; and other matter as determined to be necessary for the protection of the health,
welfare and safety of the public and preservation of the environment.
This ordinance is authorized under Minnesota Statutes Section 115.55 and 115.56 and Minnesota
Statutes Chapter 145A.
The Carver County Board of Commissioners does ordain:
1.00 General
1.01 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. Carver
County does herein provide the minimum requirements for the design,
location, installation, use and maintenance of individual sewage treatment
systems. Carver County, in adopting this Ordinance, 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.
1.02 Applicabilitv. This ordinance shall apply to the design, location, installation,
use and maintenance of individual sewage treatment systems constructed,
altered, extended or repaired in Carver County, other than cities and towns that
have adopted ordinances that comply with Minnesota Statute 115.55 and are as
strict as this Ordinance.
1.03 Definitions. The following words and phrases, when used in this ordinance,
unless the context clearly indicates otherwise, shall have the meanings
described to them in this section, in addition to those definitions contained in
section 7080.0020 of the Minnesota Rules Chapter 7080.
A. Alternate System shall mean an individual sewage treatment system
employing methods and devices presented in MN Rules Chapter
7080.0910 subpart 3.
B. Certificate of Compliance shall mean a document \\Titten after a
compliance inspection, certifying that a system is in compliance as
1
P. Person shall mean any human being, any govern mental or political
subdivision or public agency any private corporation, any partnership,
any firm, association or other organization, any receiver, trustee,
assignee, agent, or other legal representative of any of the foregoing or
any other legal entity.
M. Land Spreading shall mean the placement, incorporation, or injection of
septage onto or beneath the soil surface.
N. Land Spreading Site shall mean any land used for septage land
spreading.
O. Medium Texture shall mean the USDA Classification's sandy loam,
silt, silt loam, and sandy clay loam. Fine texture is USDA
Classification's clay loam, silty clay loam, sandy clay, silty clay and
clay.
Q. Repair shall mean the act or process of restoring or replacing a
defective element of an individual sewage treatment system to
approximately its original function without altering its original location,
capacity or operating characteristics. Only repairs or replacements
performed downstream of the inlet of the distribution device or
replacement of the septic tank, pump tank, or dosing chamber shall be
considered repairs requiring a permit under this ordinance.
R. Residential Development shall mean ten or more places of habitation
concentrated within ten acres of land. The term also includes schools,
churches, hospitals, nursing homes, businesses, offices, and apartment
buildings or complexes having ten or more units.
S. Saturated soil shall mean the highest elevation in the soil where
periodically depleted oxygen levels occur because of soil voids being
filled with water. Saturated soil is evidenced by the presence of soil
mottling or other information.
T. Septage shall mean solids and liquids removed during periodic
maintenance of a individual sewage treatment system, or solids and
liquids which are removed from toilet waste treatment devices or a
holding tank.
U. Setback shall mean a separation distance and shall be measured
horizontally.
V. Soil Textural Classification shall mean the soil particle sizes or textural
classification as specified in the Soil Survey Manual. Handbook No.
18, United States Department of Agriculture (USDA), 1993,
incorporated by reference.
3
Minnesota Rules Chapter 7080, Parts 7080.0020, 7080.0060, 7080.0065,
7080.0110,7080.0120,7080.125,7080.0130, 7080.0150, 7080.0160,
7080.1 070, 7080.0175, 7080.0176, 7080.0300, 7080.0305, 7080.0310,
7080.0315, and 7080.0910 relating to individual sewage treatment systems, are
hereby adopted by reference and made a part of this ordinance as if fully set
forth herein.
2.00 Standards for Health. Safetv. and Environmental Preservation
2.01 Standards AdoDted
The above adopted rules are hereby amended as follows:
A. MN RULES 7080.0130 Subpart 3A is amended to read as follows:
All new systems shall require a multiple compartment septic tank or
multiple tanks in series.
Number of Bedrooms
2 or less
30r4
5 or 6
7,8, or 9
Tank Liquid CaDacitv-Gallons
1,500
2,000
2,250
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, subpart 25. Multiple septic
tanks are required consistent with the above Table II. The Department
may require a water-monitoring device be installed.
B. MN RULES 7080.0170 Subpart 2.C.(1)1 is amended to read as
follows:
Table V gives the soil sizing factors used to calculate trench bottom
area assuming 12 inches of drainfield rock below the distribution pipe.
The trench bottom area is calculated by multiplying the average design
flow by the appropriate soil-sizing factor.
The bottom area may be reduced, for trenches only, by the following
percentages:
20 percent for 18 inches of drainfield rock below the distribution pipe;
34 percent for 24 inches. All seepage bed bottom areas must be 1.5
times the soil sizing factors required in Table V.
C. Individual sewage treatment systems shall be designed and located as to
comply with the following minimum setback distances:
5
o
3. Treatment and disposal of waste is in such a manner so as to
protect the public health and general welfare; and
2. The design of such system is first approved by the department; and
4. Such systems comply with all applicable requirements of these
standards and with all local codes and ordinances.
E. The design, construction, and location of component parts of any
alternative or experimental sewage treatment and disposal system shall
comply, insofar as practical, with the design, constmction, and location
requirements for the equivalent components of a standard individual
sewage treatment and disposal system as set forth in this ordinance.
F. Section 2.01D provides for limited use of alternative or experimental
sewage treatment systems primarily to correct a failure to an existing
system or to permit development on existing lots of record. The need
for an alternative or experimental treatment system in these instances is
because the land or site has characteristics which are not conducive to
standard individual sewage treatment systems. Monitoring of the
alternative or experimental system can provide valuable data related to
the ability of the alternative or experimental system to properly treat
sewage and the applicability of the particular design to other similar
situations. For this reason, any person proposing to utilize an
alternative or experimental sewage treatment system may be required to
permit the Department to install monitoring devices at the time of
initial construction, or upon any alteration, repair, or extension of said
system. Responsibility for the cost of installing monitoring equipment
and subsequent laboratory analysis and the liability for these costs shall
be determined before a permit for the construction of the alternative or
experimental system is issued. The system owner must permit
reasonable access by the Department for the purpose of monitoring the
system. The Department shall make its monitoring data available to the
owner of the system.
G. It shall be the responsibility of any person utilizing an alternative or
experimental sewage treatment system to report to the Department all
discharges from a malfunctioning alternative or experimental 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. See section 9.01 of this
ordinance.
H. 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 properry
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.
7
3.02 Permit Application Requirements. No construction shall be allowed until the
permit required for the individual septic system has been issued.
No additions, enlargements, improvements, or remodeling involving fifty [50]
per cent or more of the structure, or alterations that would effect the water use,
such as bedrooms, bathrooms, 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. .
A. Application for permits shall be made in writing on forms furnished by
the Department or local permitting authority and shall be signed by the
applicant or the licensed installer.
Each application shall contain:
I. Legal description of the property
2. Location description of the property
3. Name, address, and phone number of the property owner(s)
4. Name, address and phone number of the licensee
5. Maximum number of bedrooms
6. Estimated water usage if the building is not a dwelling unit
7. List of water using appliances
8. Estimated depth of well, if known
Each application shall be accompanied by:
I. Two copies of a plot plan of the land drawn to scale showing:
a. Boundary lines and setbacks
b. Proposed and/or existing buildings as well as tennis courts
and swimming pools
c. Location of wells and water pipes
d. Location of septic tanks and pump tanks
e. Location of drainfield
f. Location of building sewer
g. Location of distribution box( es) or drop boxes
h. Location of any animal confinement areas within 50 feet of
septic tank or drainfield
1. Location of any water bodies located within 200 feet of
septic tank or drainfield
J. Roads and driveway and parking areas
k. Land elevations
1. Bodies of water as well as wetlands
2. 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
9
the suitability of soils and system design.
4.02 Necessary investigations to determine compliance of existing systems.
4.03 For all new individual sewage treatment system constmction and the repair or
replacement of existing systems.
1. Mound systems shall require a minimum of three construction
inspections:
A. When the soil under the mound has been roughed or scarified, but
prior to placement ofthe sand fill. Enough of the proposed sand fill
must be present to be examined.
B. After placement of rock and piping but prior to cover.
C. When the system is completed.
2. Installation inspections shall be made prior to any work having been
covered by backfill.
3. 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.
4. Work which is backfilled prior to required inspection may be ordered to
be uncovered whenever necessary to determine compliance.
5. Ifupon inspection, any part of the system is determined not to be in
compliance with this Ordinance, 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.
6. No system shall be placed or replaced in service until final inspection
has been completed and the system installation has been approved.
7. 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 Ordinance.
8. Additional inspections or evaluations may specified for the repair,
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.
9. It shall be the responsibility of the licensed installer 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
11
C. In the event that one of the exemptions listed in Sections 5.02 or 5.03
applies, the Certificate must be signed by both parties to the
transaction.
D. The seller or buyer of a Failing System that is an Imminent Threat to
Public Health or Safety must have the system repaired or replaced
within 10 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.
E. The seller or buyer of 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.
F. 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.
5.02 Exempt Transactions
The compliance portion of the Certificate need not be completed if the sale or
transfer involves the following circumstances:
A. Tract of land is without buildings or contains no dwellings or other
buildings with plumbing fixtures.
B. No Certificate of Real Estate Value need be filed with the County
Auditor, as per Minnesota Statutes, Section 272.115.
C. 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.
D. The transfer is a foreclosure or tax forfeiture.
E. The sale or transfer completes a contract for deed entered into prior to the
effective date of this Ordinance. This subsection applies only to the
original vendor and vendee on such a contract.
F. Any dwellings or other buildings with running water are connected to a
municipal wastewater or treatment system.
5.03 Transactions Occurring Between December 1 and Amill
A. If the transaction occurs between December 1 and the following April 1 ,
and the compliance portion of the Inspection Form cannot be completed,
13
7.02 Sewage Tank Access. The owner or owner's agent shall install maintenance
holes in sewage tanks in accordance with Chapter 7080.0130, subpart 2.M, to
allow for maintenance to take place through the maintenance hole.
7.03 Disoosal of Seotage. 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.
7.04 Seotage Aoolication and Utilization Rules
A. Land Spreading Location. The land spreading site must be located such
that the minimum setback distance designated in Table I below are
maintained.
1. Setbacks
Table I
Feature
Minimum Required
Seoaration Distance
a. Private water wells
b. Municipal well
c. Public road right-of-way
d. Occupied buildings
e. Residential or commercial dev.
f. Property lines
200 feet
1000 feet
100 feet
600 feet
1/4 mile
25 feet
These minimum separation distances will be maintained subject to
more stringent state and/or federal regulations.
B. Land Spreading Practices and Rates
1. Septage must not be applied on soils classified as coarse sands,
gravels, or on peat or muck soils which have not been adequately
drained.
2. Septage shall not be applied such that ponding occurs because of
saturated soil conditions.
3. Septage shall not be spread on a site unless the site has dried
adequately from previous application so that saturated soil
conditions or ponding does not occur.
4. Incorporation of septage shall be conducted as necessary to prevent
nuisance conditions and excessive accumulation of septage solids
on the soil surface.
15
8.00 Abandonment of On-site Sewal!e Svstems and Connections to Communitv Sewer
Services
8.01 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.
8.02 Connection. When sanitary sewer services are available all failing systems
shall make connection immediately.
8.03 Licensed Pumper Responsibilitv. 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 5.02. The pumper shall make
reports monthly to the County reporting on the total number of systems
pumped, address of site, approximate volume pumped and location of septage
disposal.
8.04 Licensed Desil!ner Responsibilities. All individual sewage treatment system
designs shall be in compliance \',ith this ordinance. Designs submitted to the
County shall be of sufficient detail and to scale so as to allow adequate review
for compliance by the department.
8.05 Authoritv to Repair. Repairs shall be performed by a licensed installer and
require a permit.
9.00 Administration and Enforcement
9.01 Duties of the Department. The department shall be responsible for the
administration and enforcement of this ordinance. The department's duties
shall include but not be limited to the following:
A. Inspect new, repaired, or replaced individual sewage treatment systems
and septage disposal sites located in the unincorporated areas of Carver
County as provided in this ordinance, issue certificates of compliance
for new, repaired, or replaced systems, and investigate complaints of
violations of this ordinance.
B. Recommend that legal proceedings be initiated by the County Attorney
to compel compliance with the provisions of this ordinance.
C. Advise, consult, cooperate with the public and other governmental
agencies in the furtherance of this ordinance.
Ii
E. Any applicant or license aggrieved by a decision of the County Board
shall have the right to appeal to the District Court on questions of law
and fact.
D. If the applicant or licensee fails to appear at the hearing, he shall forfeit
any right to a public hearing before the hearing officer.
10.00 Violations and Penalties
10.01 It is the responsibility of the owner ofa failing individual sewage treatment
system to notify the county and submit a plan for the abatement of the
discharge to the department.
If the county becomes aware of a failing individual sewage treatment system,
the county shall require the following:
A. 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.
B. The owner of a failing individual sewage treatment system shall repair
or replace the failing system consistent with this ordinance and
Minnesota Chapter 7080.
C. The county 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.
10.02 Misdemeanor. Any person who fails to comply with the provisions of this
ordinance is guilty of a misdemeanor. A separate offense shall be deemed
committed upon each day during or on which a violation óccurs or continues.
10.03 Iniunctive Relief. In the event of a violation or a threat of violation of this
ordinance, the County may institute appropriate actions or proceedings,
including requesting injunctive relief to prevent, restrain, correct or abate such
violations or threatened violations.
10.04 Civil Action. If a person fails to comply with the provisions of this ordinance,
the County may recover cost or damages incurred in a civil action in any court
of competent jurisdiction.
11.00 Variances
11.0 I 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 ordinance would cause undue hardship, or that strict
conformity with the ordinance would be unreasonable, impractical, or not
feasible under the circumstances. and in order to promote the effective and
19
Adopted by the Carver County Board of Commissioners thi~..day of Æ /; rv <7 Î/
Tra yD. anson, Chair
Carver County Board of Commissioners
Attest:
Richard . Stolz
County Administrator
21
,1998.
A. INDIVIDUAL SEWAGE TREATMENT SYSTEM PERMIT FEES
1. $100 New Standard System Installation - Trenches or Seepage Bed
2. $225 New Standard System Installation - Mound System
3. $250 New Alternative System Installation
4. $ 50 Rehabilitation or Repair of Existing System
5. Late Penalty Fee: (For work proceeding permit approval) Late fee shall be twice the original
Permit fee.
6. Permit Renewal Fee: (Applicable when permittee fails to utilize permit within 12 months)
'~~
. . . ORDINANCE No. 18
(j- INDIVIDUAL SEWAGE )REATMENT SYSTEMS STANDARDS
The Hennepin County. Board of Commi~oners does hereby adopt this
Ordinance establishing county-wide standards for the regulation of Individual
. Sewage Treatment Systems (lSTS) pursuant to Minn. Stat. § 115.03, subd. 1
and Minn. Rules Chapter 7080.' ... ",' .,."..
. "
'¡ '...
SUBDIVISION 1: GENERAL PROVISIONS.
1.1 . Purpose. This ordinance is enacted to provide minimum standards for the
regulation of individual sewage treatment systems (ISTS) including: their
proper location, design and construction; their necessary modification and
. reconstruction; their operation, maintenance and repair for the purpose' of
protecting surface water and groundwater from contamination by human
sewage and waterborne household and commercial wastes; the protection of .
the public's health and safety; and the elimination and prevention of the
development of public nuisances, pursuant to the authority granted under
Minn. Stat. Chapters 115 and 145A aild Minnesota Rules Chapter7080 and
as amended that may pertain to sewage and wastewater treatment.
1.2 Objectives. The principal objectives of this Ordinance are as follows:
. ~_~';-:J':'"¡::::"?' ~~. ·.~·F~ fl::.i...·~·? C:-fL.:'. ·::·(j_~·i_r:-L/. '.
..'
o .''''_'
,
. ,..,.... ..
...,....
,'. -" .-'.....
,.. ¿",- .'..
1.21 The protection of Hennepin County's lakes, rivers and streams,
wetlands, and groundwater essential to the promotion of public health,
safety, welfare, socioeconomic growth and development of the County
'. in perpetuity. '.: ,- - -.-.
-,. -.. .
1.22 The regulation of proper ISTS construction, reconstruction, repair and
maintenance to prevent the entry and migration of CODt:lminants,
thereby ensuring the non-degradation of surface water and
groundwater.-· r"· ..
'-
1.23 The establishment of minimum standards for ISTS placement, design,
construction, reconstruction, repair and maintenance to prevent
. contamination and, if CODtJlmination is discovered, the identification
and control of its consequences and the abatement of its source and
migration..:.·····,·,..
. . ~ -.
. ',"-';:
. ,
1
'"
C.
90 days of County adoption, whichever comes later.
Provide timely notification to the Health Arithorityòf its' interifto .
assume or abandon its jurisdiction but in no case provide less than
one years' notice of such action or at a time mutually acceptable to
both parties.' '.
In the event of abandonment of jurisdiction, agree to cooperate with
the Health Authority in the transfer of responsibility including timely
transfer of all records maintained by the municipality.
SUBDMSION 5: ADMINISTRATION BY THE HEALTH AUTHORITY.
.
- - ~ .
~"~" .
5.1 The Health Authority shall have the following duties and responsibilities:
. A. To review all applications for ISTS. . .
B. To issue all required permits. . ' 'n
C. To conduct construction inspections and to perform all necessary tests
to determine its confon:Ì1ance with this Ordinance:
D. To investigate complaints regarding ISTS.
E. To perform --compliance inspections'and to issue Certificates of
Compliance or Notices of Noncompliance where appropriate:
F. To íssueStop Work Orders and Notices of Violation pursuant to this
Ordinance.
. G. To take complaints to the Municipal or County Attorney for Violations
. of this Ordinance. f..', ..H'
H. To maintain proper records for ISTS including site evaluation
records, design records including calculations and snmmaries for all
system component sizings . and . as-builts, . complafnts . on
noncompliance, compliance inspections, site' evâ1uations,
applications . and exhibits, variance requests, . issued . permits,
Certificates of Compliance, and enforcement proceedings.
I. To submit annual reports to the MPCA to demonstrate enforcement of
this Ordinance per Chapter 7080.0310.
.. -.~"
5.2 'Neither the issuance of permits, Certificates of Compliance nor Notices of
Noncompliance as requested or issued shall be construed to represent a
guarantee or warranty of the system's operation or effectiveness. Such
certificates signify that the system in question is or has been designed and
installed in compliance or non-compliance with the provision of these
standards md regulations. . '
3
..
. ,"-'
6.5
A certified statement from the person who conducted the work.
. .
Individuals Constructing Their Own ISTS.·· A license is not required for
an individual who is constructing a system on land that is owned or leased by
the individual and functions solely as a dwelling or seasonal dwelling for that
individual. . The ISTS shall be designed by a Minnesota Pollution Control
Agency licensed Designer I or II. An individual shall provide the Health
Authority a signed agreement along with the permit application, which
indemnifies and holds the County harmless from all loses, damages, costs
.' and charges that may be incurred by the County due to the failure of the
permittee to comply with this Ordinance. . Pressurized systems shall not be
construct~ .by anyone other than a licensed installer.
- ~.-~. . ~
.' ~. ~'" -.-
: -., ':"1: ......~.
6.6
Application Review and Determination. If after consideration of the
application for a permit, the Health Authority determines' that ·the work
proposed conforms to and complies with provision of this Ordinance, the
Health Authority shall issue a written permit granting prelimin:lry approval
authorizing initiation of the work as proposed. ,~¡If the Health Authority
determines that the work proposed will not conform to or comply with the
> . provisions of this Ordinance, the Health Authority shall deny the permit
application.; The permit application may.be :revised or corrected and
resubmitted to the Health Authority for reconsideration."
. -
~.' .
,.
......c
.'
".'., ". '''. .
J ;~, :: ~. ~:, . ...,' .
;.-' .~.
¥." r.;'
6.7
-.". -'
Variances. . Variances to decrease the three feet of vertical separatiqn
required beneath the distribution medium and the saturated soil or bedrock
must be approved by the MPCA as per the procedures contained in
. Minnesota Rilles Chapter 7080.0305 Subp.'3. Variances to wells and water
supply lines require approval from the Minnesota Department of Health.
Any other requests for a variance from this ordinance shall be requested in
writing to the Health Authority on forms approved by the Health Authority .
- .
, .
- ...
,>'
SUBDMSION 7: CONSTRUCTION INSPECTIONS.
7.1 Requirements. Compliance inspections shall be conducted by the Health
Authority anytime an ISTS is installed, -replaced,' altered, repaired or
extended. The installation and construction of .. theISTS shall be in
accordànce with the permit requirements and . application design. If any
ISTS component is covered before being inspected by the Health Authority,
it shall be uncovered if so ordered by the Health Authority. . Proposals to
5
. ~
mspectlon.
. .. -
Authority may require the uncovering of the system for
7.7 Inspection Reports. A Certificate of·. Compliance . or Notice of
Noncompliance shall be prepared by the Health Authority following an
inspection or review of As-builts submitted in accordance with Section 7.6.
A Certificate of Compliance or Notice of Noncompliance shall include a
signed statement by the inspector identifying the type of ISTS inspected and
whether the system is in compliance with Minnesota Rules Chapter
7080.a060. A copy of the Certificate of Compliance or Notice of
Noncompliance shall be provided to the property owner within 30 days of
the compliance inspection and a copy kept on file with the Health Authority .
7.71 Certificates of Compliance issued by the Health Authority for new .
construction and replacement shall be valid for five (5) years from
the date of the compliance inspection or As-built certification unless
the Health Authority or licensed inspector identifies the system as an
Imminent Public Health Threat.
. . 7.72 Notices of Violation may be issued with Notices of Noncompliance
when the Health Authority determines that new construction,
replacement or repairs are not in compliance with this Ordinance.
. '-. .'~' '.
.'.. ,':.. 1"
,
. . . ". . J'... , - -' .
SUBDMSION 8: EXISTING SYSTEMS.
: ,'J.; -~. '
8.1
. ..
Requirements. The Health Authority shall require a compliance inspection
of an existing system whenever:
".
. .-"
. "
. A. A transfer of property occurs.
B. In designated Shoreland Management Areas, an application for any
type of building or land use permits is made.
C. If the Health Authority deems a compliance inspection may be
necessary, including, but not limited to, the receipt of information of a
potentiallSTS failure.
D. An additional bedroom on the property is requested. If a request for
an additional bedroom is received between November 1 and April
30, the governing. municipality may issue a building permit
immediately with the contingent requirement that a compliance
inspection of the existing ISTS shall be completed by the following
7
. ."-'
x.J in dete""huog comp-' dares. .
V SUBDIVISION 9: SALE OR TRANSFER OF PROPERTY.
....., ;,.".-, " ; ;:': ·...~f:~~j{·,···~(;·:_~-:· . .,..,.
9:1. Átánÿ time átr;I~~fer of property occurs:
..
-.
9.11 An ISTS Compliance Inspection Report shall be completed and
provided by ili.e seller_ ~ the buyer at or before the closing. , ..
9.12 An Is:r~.Compliance Insp~tionReport shall be filed with the County
. Taxpayer Services Department along with the Certificate of Real
Estate Value. A copy of the Compliance Inspection Report shall also
be filed. with . the Health Authority within thirty (30) days of
inspection.
9.13 If the transfer does not require a compliance inspection pursuant to
Section.~..2 of this Ordinance, a document noting the exemption must
be signed by both p~e~ to the transaction.
9.2 A complianc~, )1Jspectio~ _ need not be completed in. the following
circumstances:
-."'" ....
..... ~;·i.·~:'~,;.: .~~:_.:~;:: '7",'
. . . . . . .
. -. '.'
; i...... J'
f.!-:.: :1~;-:~ ". ~ .;~.!;:_: .~l.; :~.:c:.... ,;~1. ;... .' , _~'H . "-'
A. The tract of land is without buildings or contains no dwellings or other
buildings with plumbing fixtures.
.. .n. .If no...çe~ªcate of Real ~State Value need be filed w),ththe County
. Taxpayer .S.~rvices D~Partment, as per Minnesota Statutes, Chapter
_ .".,272.115."'~·'·"4-"" 'j,I' ,,' ...... " . .. "
. or· . , . .. -" -'-' _. .... .-~., _.) ~.. - -, -. .
.. C. . The salt? or tr.ans.fer completes a contract fordeed entered intº prior to
the effective date of this Ordinance. This subsection applies only to
. the ori~ .vendor and vendee on such a çontract. ~.
D. All dwellings or buildings with running water are connected to a
municipal wastewater treatment system.
..
9.3
.. ..' .. . .," ,. ... ~.' . . . ..
Transactions During Adverse Climatic Conditions. If the transaction
occurs between November 1 and the following April 30, and an inspection
cannot be completed, the transfer may occur with 'a stipulation that a
compliance inspection shall be completed by the following June 1. " .
. ~- .,.,~,,~' '-", ?..
9.4
Prohibition Against Transfer of Property. . No real property in Hennepin
County . shall be transferred unless the parties to the transaction have
complied with the requirements of this Ordinance.
9
,~ .
responsibility of the ISTS Designer. The monitoring plan shall
provide information as to:
A. The sþecific modification to a standard system.
B. The type and parameters for monitoring which shall be
conducted to assure that the change will protect public health
and the environment, including the monitoring time period and
the person responsible for conducting the monitoring and
reporting.
C. A mitigation plan detailing what will be done if the system fails
to meet the expectations established by the monitoring plan
requirements .
11.23 The results of the monitoring of an alternative ISTS shall be submitted
in accordance with the approved monitoring plan to the Health
Authority .
11.3 WarraDtied Systems. Warrantied systems, as discussed in Minn. Stat.,
Chapter 115.55, subd. 8, are prohibited.
11.4 Maintenance Report. The owner of an ISTS or an owner's agent who
measures or removes accumulations in accord with Minn. Rules 7080.0175B .
shall submit records to the Health Authority of all pumping activities and
recording fees.
SUBDMSION 12: ENFORCEMENT.
12.1 Any person, firm, corporation or other entity who violates any of the
provisions of this Ordinance or who makes any false statement on a
Certificate of Compliance, shall be guilty of a misdemeanor, punishable by
imprisonment or a fine or both as defined by law. Each day in violation may
constitute a separate violation.
12.2 In the event of a violation of this Ordinance, in addition to other remedies,
the County or Municipal Attorney may institute appropriate actions or
proceedings to prevent, restrain, correct or abate such violations.
11
~'-
~C'- :.¡:. :..: l'
r,. ;:,- -
""- - '-
:~ ~.'~~::'
-''; -' rl
'-'-" '-'
,
r<:se:>\ L.({..¡ <:)"'"
-' ;
Iè '( - C::>S iT
19-66
CHANHASSEN CITY CODE
ke..S
ARTICLE IV. INDIVIDUAL SANITARY SEWAGE
TREATMENT SYSTEMS
Sec. 19-66. Definitions.
The following words and phrases. when used in this article. unless the context clearly
indicates otherwise, shall have the meanings ascribed to them in this section, in addition to
those definitions contained in section 7080.0020 of Minnesota Rules chapter 7080.
Abanwned means the permanent disconnection of a treatment system.
Agency when used in the standards adopted herein means department or inspector where
appropriate.
Alternate system means a system that does not conform with this article.
Department means the city's building department.
Failing system means the discharge of effluent from a soil treatment system to the ground
surface, abandoned wells. 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 OJ'
into any excavation in the ground or where there is a demonstrated public health hazard.
Inspector means the person employed or engaged by the department and assigned the
responsibility for the administration and implementation of this article.
Afajar repair means the act of physically replacing or adding to an indi....idual g€wage
treatment 5ystem.
Repair means the act or process of restoring or replacing a defective element of any
individual sewage treatment system.
Site et'aluator means the individual who performs percolation tests and soil borings.
Standard s:vstem means any individual sewage treatment system as defined in Minnesota
Rules chapter í080.
Water monitoring dt?['ice means equipment which measures the :lmount ot' liquid.5 which
enter the sewage treatment system.
lOrd. No. lO·B. ~ 1.03. 1·26·8í)
Sec. 19-6í. Scope.
This article ~hall apply to the design. location. installation. u~e and maintenance of
individual sewage treatment systems constructed. altered. extended 111' repaired in the cìt~·
lOrd No. 10·B. ~ 1.02. 1-26-8íl
Sec. 19-68. Compliance.
~o person shall d~sign. locate. install. construct. alter. ex.tend. repair. u~e. maintain. or
conduct site evaluations including soil borings, soil evaluations and percolation tests for any
individual :;e\..:ag~ treatment s~'stem. except in full compliance with thi~ article and standards
adopted in :hi~ artic\t,.
'Ord. No. 10·B. ~ 1.04. ¡·26·8íl
IOí4
""
·
§ 19·70
CHANHASSEN CITY CODE
Any applicant or licensee aggrieved by a decision of the city council shall have the right to
appeal to the district court on questions of law and fact.
(Ord. No. 10·B, §§ 8.06, 8.07, 1-26-87)
Sec. 19-71. 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 provisions of this
article would cause undue hardship, or that strict conformity with this 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 treatment system management consistent with the
general purpose and intent of this article, provided that:
(1) The condition causing the hardship is unique to that property; and
(2) The granting of the variance will not be contrary to the public interest or be damag.
ing to rights or property of others.
(Ord. No. lO·B, § 10, 1-26·87)
Sec. 19-72. Enforcement officer.
(al The inspector responsible for the administration and enforcement of this article shall
be certified as an individual septic treatment system inspector by the state pollution control
agency.
(b; The inspector shall be responsible for the administration and enforcement of this
article. The inspector's duties shall include but not be limited to the following:
II! Receiye and review license or license renewal applications, permits or permit re-
newal applications pursuant to this article. an~ issue licenses and permits in confor-
mance with this article.
121 Inspect individual sewage treatment systems and septage disposal sites located within
the cìt~·, issue certificates of compliance and investigate complaints of violations of
this article.
(3) Recommend that legal proceedings be initiated by tbe city attorney to compel cam·
pliance with the provisions of this article.
141 Cooperate with the public and otber gov'ernmental agencies in the furtberance of this
article.
(5) Issue orders:
a. To suspend or revoke permits issued under this article;
h. To slop actions \\'hich constitute a \"iolation of this article:
c. Tn correct s....'stems determined by the inspector to be in a state or failure ür
determined to be otherwise in \'iolation of this article: or
lOí6
,.,
§ 19-76
CHANHASSEN CITY CODE
(3) Maintain or pump;
(4) Conduct site evaluations, including soil borings, soil evaluations and percolation
tests for individual sewage treatment systems;
without meeting the primary licensing qualifications or first obtaining a license to carry on
such operation from the city. The license shall be issued by the inspector, shall be renewable
and may be denied, revoked or suspended for cause. No person other than a duly licensed
installer shall repair a system.
(b) Application for a license or license renewal shall be on a form furnished by the
department. The applicant shall provide such information as may be required by the form.
(c) All license and license renewal applications must be accompanied by the appropriate
fee. The amount of each license or license 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 determined by resolution of the city council.
Id) A license shall not be transferable.
Ie) Before any license can be issued, an applicant for the license shall:
(l) Provide certificate of insurance and/or performance bond as established by resolution
of the city council. The insurance and/or bond shall be written by an insurer or
bonder licensed to do business in the state:
(2) Provide an individual sewage treatment systems certification issued by the state
pollution control agency and satisfactorily maintain certification as required:
,31 Pay the required license fee.
'f) If an application for license or license renewal is denied, notice of the denial shall be
ser':ed on the applicant by mail. The notice shall state the reasons for the denial and inform
the .lpplicant of his right to request a hearing as provided in section 19-,0.
gl Any such license may be revoked by the department for violation of any provision of
this .lrtic1e. Revocation shall not occur earlier than ten (10) calendar days, exclusive of the day
of St>rvÎce, after written notice of revocation has been served on the licensee. Such written
nohce shall contain the effective date of revocation, the nature of the violation or violations
constituting the basis for the revocation, the facts which support the conclusion that a
violation or violations have occurred, and a statement that if the licensee desires a hearing,
he must within ten (10) calendar days, exclusive of the day of service. file a written request
with the inspector. If the licensee fails to request a hearing, he shall forfeit any opportunity
for a hearing. If a hearing is requested, the revocation shall be stayed pending the outcome of
the hearing.
Ihl Any license may be suspended for not longer than sixty (60) days by the department
for violation of any provision of this article. Suspension shall not occur earlier than ten (10)
calendar da,\"s exclusive of the day of service. after written notice of suspension has been
served on the licensee. Such written notice shall contain the effective date of suspension, the
nature of the ,"ialation or violations constituting the basis for the suspension. the facts which
1078
§ 19-78
CHANHASSEN CITY CODE
r:
Two (2) septic tanks or a compartmented tank are required.
,
(2) Section 7080.0200 is deleted in its entirety. - v tt ("J q" cQ ~
(Ord. No. 10·B, §§ 2.01, 2.02, 1-26-87; Ord. No. 168; §10, 4-27-92)
Sec. 19-79. Same-Additional standards.
(a) In addition to the standards adopted by reference in this article, the standards in this
section shall also apply.
(b) Reserved.
(c) The design, construction, and location of component parts of any alternative sewage
treatment and disposal system shall comply, insofar as practical, with the design, construc·
tion, and location requirements for the equivalent components of a standard individual
sewage treatment system as set forth in this article.
(d) Any person proposing to utilize an alte~ative sewage treatment system may be
required to permit the department to install monitoring devices at the time ofinitial construc-
tion, or upon any alteration, repair, or extension of the system. The cost of installing the
monitoring device and any subsequent laboratory analysis shall be borne by the city. The
system owner shall permit reasonable access by the department for the purpose of monitoring
the system.
..~\
(e) It shall be the responsibility of any person utilizing an alternative sewage treatment
system to report to the department all discharges from a malfunctioning alternative sewage
treatment system as soon as possible upon knowledge of such discharge, and further abate
such discharge within twenty-four (24) hours as required by section 19-83.
----
(0 All beds shall be sized at one and ond-half (1 'h) times the soil treatment area required
in MCAR 7080.0170, subpart 2(4) Table m.
(g) Where a dosing chamber is used the dosing chamber shall have a liquid tank capacity
of one thousand two hundred (1,200) gallons so that in case of dosing device failure there will
be storage capacity for three (3) days of use and the dosing chamber shall be equipped with a
warning device to indicate dosing device failure.
(h) 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 the reduction does not endanger or unreasonably infringe on adjacent properties and
with the concurrence of the affected properties.
(i) Not more than one (1) dwelling, commercial, business, institutional, or industrial unit
shall be connected to an existing individual sewage system unless such multiple connection
has been approved by permit. .
('1!'~
.' ,
\
'-~
Supp. No.5
1080
§ 19-80
CHANHASSEN CITY CODE
(e) IT 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 section 19-70.
(Ord. No. lO-B, §§ 3.01-3.05, 1-26-87)
Sec. 19-81. Discharges.
No person shall allow effiuent, or seepage from any soil treatment system or any in-
dividual sewage treatment system to be discharged to the ground surface, abandoned wells,
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, or other excavation in
the ground.
(Ord. No. 10-B, § 1.04, 1-26-87)
Sec. 19-82. Pumping and disposal of septage.
(a) The ~ of any individual sewage treatment system shall properly clean the septic
tank at least once every two (2) years of sooner ifneœssary in order to prevent the sludge from
reaching any point closer than twelve (12) inches from the bottom of the outlet baffie or the
scum from reaching a point closer than three (3) inches above the bottom of the outlet baffie.
The owner of an individual sewage treatment system must submit documentation as provided
by the city every two (2) years verifying that the treatment system has been cleaned. The
owner of an individual sewage treatment system may request to delay cleaning of the septic
tank if a certified individual measures the accumulated sludge in the septic tank to determine
whether or not the cleaning frequency of every two (2) years is necessary. A certified report
must be submitted to the building inspector for approval.
(b) All eft1uent removed shall be removed from the site in sealed containers and shall be
disposed of in a location and manner approved by the inspector and/or state pollution control
agency. If the septage is to be disposed of into any municipally-controlled sewage facility or
into a Metropolitan Waste Control Commission facility it shall be disposed of in a location and
manner approved by the governmental authority.
(c) Documentation verifying the cleaning of a system must be accompanied by an admin-
istrative fee in the amount established by resolution.
(d) Septic sludge shall be removed through the septic tank manhole, not through inspec-
tion pipes.
(Ord. No. 10-B, §§ 5.01-5.03, 1-26-87; Ord. No. 168, §§ 13, 14,4.27·92)
Sec. 19-83. Failing systems.
(a) The inspector may allow an existing system which is in a state of failure to be restored
to its original configuration, rather than being fully reconstructed in accordance with the
standards set forth in this article, if in the opinion of the inspector such restoration will abate
the system's failure and that such restoration will reasonably assure satisfactory performance
of the system.
Supp. No.5
1082
~
{
'- -
-,..--.,
(
~._-
F1"'
. -
"-...-.
§ 19-97
CHANHASSEN CITY CODE
Sec. 19-97. Connection permit.
No person shall connect any premises to storm sewer system without first obtaining a
permit therefor from the city. Application for a permit shall be made on forms furnished by
the city, and shall state the information required by the form. By making an application, each
applicant agrees to be bound by all applicable ordinances. Permits shall be valid for a period of
six (6) months from the date of issuance.
(Ord. No. 53,§ 3, 6-18-73)
Sec. 19-98. Contractors-License.
(a) No person shall make a storm sewer connection in the city without a license issued by
the city. Application for a license shall be made on a form furnished by the city. The applicant
shall furnish the information required by the form. Each application shall be accompanied by
the payment of a fee in the amount established by resolution.
Supp. No.5
1084
~,
()
!t
1
../
..~~:~
I ..
'. -/
........,'