Ordinance 289CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 289
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE IV
OF THE CHANHASSEN CITY CODE CONCERNING
INDIVIDUAL SANITARY SEWAGE TREATMENT SYSTEMS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Chapter 19, Article IV of the Chanhassen City Code is amended in its
entirety to read:
ARTICLE IV. INDIVIDUAL SANITARY SEWAGE
TREATMENT SYSTEMS
See.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 of Chanhassen does herein
provide the minimum requirements for the design, location, installation, use, and maintenance
of individual sewage treatment systems. The City, 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.
(b) Applicability. This ordinance shall apply to the design, location, installation, use,
and maintenance of individual sewage treatment systems constructed, altered, extended, or
repaired in the City of Chanhassen.
(c) 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.
Alternate System shall mean an individual sewage treatment system employing methods
and devices presented in MN Rules Chapter 7080.0910 subpart 3.
• Certificate of Compliance shall mean a document written after a compliance inspection,
certifying that a system is in compliance as specified in MN Rules Chapter 7080.0060, and this
ordinance. A qualified employee or licensee must sign the document.
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City shall mean the City of Chanhassen.
Compliance Inspection shall mean any evaluation, inspection, or other process to make
conclusions, recommendations, or statements regarding an individual sewage treatment system
to reasonably assure an individual sewage treatment system is in compliance with regulations.
County Board shall mean the Carver County Board of Commissioners.
Department shall mean City of Chanhassen Building Inspection Department.
Experimental System shall mean any system which is considered new technology with
limited data on reliability.
Failing System shall mean a system that discharges sewage to a seepage pit, cesspool,
drywell, or leaching pit and any system with less than three (3) feet of soil or sand between the
bottom of the distribution medium and the saturated soil level or bedrock. In addition, any
system posing an imminent threat to public health or safety shall be considered failing.
Fallow Land shall mean land that is uncropped and kept cultivated throughout a growing
season. Vegetative cover is less than twenty-five percent (25 %). Any land that is uncropped
and cultivated during the months of September through May where a crop will be grown the
following season is not considered fallow land.
is Incorporation shall mean the mixing of septage with the topsoil by means such as
disking, moldboard plowing, or chisel plowing, to a minimum depth of six (6) inches.
Individual Sewage Treatment System shall mean a sewage treatment system, or part
thereof, serving a dwelling or other establishment, or group thereof, and using sewage tanks or
advanced treatment followed by soil treatment and disposal.
Injection shall mean the process of directing the flow of septage under the surface of the
soil. Septage shall flow from the storage container or tank directly into the soil profile and shall
not be spread on the soil surface.
Inspector shall mean the person or persons employed or engaged by the City and assigned
the responsibility for the administration and implementation of this ordinance.
Land Spreading shall mean the placement, incorporation, or injection of septage onto or
beneath the soil surface.
Land Spreading Site shall mean any land used for septage land spreading.
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.
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Person shall mean any human being; any governmental 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.
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.
Residential Development shall mean ten (10) or more places of habitation concentrated
within ten (10) acres of land. The term also includes schools, churches, hospitals, nursing
homes, businesses, offices, and apartment buildings or complexes having ten (10) or more units.
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.
Septage shall mean solids and liquids removed during periodic maintenance of an
individual sewage treatment system, or solids and liquids which are removed from toilet waste
treatment devices or a holding tank.
. Setback shall mean a separation distance and shall be measured horizontally.
•
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.
Surface Waters shall mean any water basins or watercourses defined as natural water
courses or public waters in Minnesota Statutes Section 105.37, Subdivisions 9, 10, 11, and 14,
respectively.
Water Monitoring Device shall mean equipment which measures the amount of liquid
which enters the sewage treatment system.
Water Table shall mean the highest elevation in the soil where all the voids are filled with
water, as evidenced by the presence of water or soil mottling or other evidence.
Wetland shall mean a natural marsh where waters stand near, at, or above, the soil
surface during a significant portion of most years and which is eligible for classification as
inland fresh water as wetland types 3, 4, or 5 under US Department of Interior classification.
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• (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 ordinance
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) Conditions. Violation of any condition imposed by the City on a license, permit,
or variance shall be deemed a violation of this ordinance and subject to the penalty provisions
set forth in this ordinance.
(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.
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, 7080.0120, 7080.125, 7080.0130, 7080.0150, 7080.0160, 7080.0170,
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.
The above adopted rules are hereby amended as follows:
(1) 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.
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•
U
Number of Bedrooms
2 or less
3 or 4
5 or 6
7, 8, or 9
Tank Liquid Capacity -Gallons
1,500
2, 000
2,250
3,000
To increase tank liquid capacity, two (2) or more separate tanks in series
are permitted.
For ten (10) 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.
(2) 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 twelve inches (12") 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.
(3) Individual sewage treatment systems shall be designed and located as to
comply with the following minimum setback distances:
Septic Soil
Feature Tank Treatment Area
Water supply well less than 50 100
fifty (50) feet and not
encountering at least ten (10)
feet of impervious material
Any other water supply well or 50 50
buried water suction pipe
Buried pipe distributing water 10 10
under pressure
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• Septic Soil
Feature Tank Treatment Area
Buildings 10 20
Property Lines 10 10
The ordinary high water mark 150 150
of. Natural Environment
Lakes and Streams
Recreational Development 75 75
Lakes 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 10*
• *20 feet in shoreland areas
(4) Alternative and experimental systems as defined in Minnesota Rules
Chapter 7080.0910 may be used only for the repair or replacement of
existing non -conforming systems, on existing lots of record, or as a new
system if approved by the City Building Official.
a. Reasonable assurance of performance of such system is presented
to the permitting authority. The permitting authority 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 or experimental system;
and
b. The design of such system is first approved by the department; and
C. Treatment and disposal of waste is in such a manner so as to
protect the public health and general welfare; and
d. Such systems comply with all applicable requirements of these
standards and with all local codes and ordinances.
0(5) The design, construction, and location of component parts of any
alternative or experimental sewage treatment and disposal system shall
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• comply, insofar as practical, with the design, construction, and location
requirements for the equivalent components of a standard individual
sewage treatment and disposal system as set forth in this ordinance.
(6) Section 19-67(a)(4) 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.
(7) 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.
(8) 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.
(9) Not more than one 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.
(10) Septic Tank Capacity. If an "other establishment" is provided with a
garbage disposal unit, septic tank capacity shall be increased by at least
. fifty percent (50 %) and multiple compartments included.
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• (11) All individual sewage treatment systems must be designed to receive all
sewage from the dwelling, building, or other establishment served.
(12) No person shall allow footings draintile, footings drain sump pump
discharge, chemically treated water from a hot tub or swimming pool, or
roof drainage to enter any part of any individual sewage treatment system.
(13) 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.
(14) 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.
(15) 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,
• 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 MN Rules Chapter 7080.0020,
subpart 12b.
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 or local permitting authority for each specific installation,
construction, alteration, extension, or repair. Such permits shall be valid for a period of twelve
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. No additions, enlargements,
improvements, or remodeling involving fifty percent (50%) 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
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• 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.
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:
(1) 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:
(1) 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
C.
•
swimming pools
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
i.
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 percolation and soil
borings performed for site evaluation.
(3) Two copies of the results of the site evaluation report prepared by a
licensed Designer I or Designer II.
(4) Any additional information that may be required by the department to
0 assure compliance with this ordinance.
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• (5) 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.
(6) There shall be a minimum of two percolation tests and two soil borings
performed on each proposed site.
(7) 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) 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 ordinance, plus the method and time of
payment thereof shall be determined by resolution of the City Council.
(d) 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.
(e) 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 Sec. 19-74(c) of this
ordinance.
(f) Permit Revoked. Permits issued under this ordinance 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.
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:
(a) Site inspections to verify and evaluate soil and site conditions and to determine
the suitability of soils and system design.
(b) Necessary investigations to determine compliance of existing systems.
(c) For all new individual sewage treatment system construction and the repair or
• replacement of existing systems.
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CJ
•
•
(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 of the 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) If upon 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 responsibility of the
licensed installer to inform the department and to submit new or amended
designs 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
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• has been issued. No part of the system shall be covered until it has been
inspected and/or approved by the department.
(10) Violations of this ordinance that necessitate follow-up inspection will be
subject to a re -inspection fee. This inspection charge shall be established
by City Council resolution. The re -inspection payment must be received
by the Department within ten (10) days following the re -inspection.
(d) Compliance Inspection. If an inspection is conducted as part of a compliance
inspection and/or the disclosure required by Minnesota Statutes 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
thirty (30) days of the inspection.
(e) Fees. Fees for permits, inspections, or other services rendered under this
ordinance shall be established by City Council resolution.
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:
(1) The seller of any property having a 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 ordinance 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 Ordinance.
(3) In the event that one of the exemptions listed in Secs. 19-69(b) or 19-69(c)
applies, the Certificate must be signed by both parties to the transaction.
(4) 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
ten (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.
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• (5) 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.
(6) 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 thirty
(30) days of the date of the inspection.
(b) Exempt Transactions. The compliance portion of the Certificate 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 Minnesota Statutes, Section 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 Ordinance. 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 portion of the Inspection Form cannot be completed,
as certified by a licensed . inspector, the compliance portion of the
Inspection Form shall be completed and filed with the 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.
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• (d) Inspection of Individual Sewage Treatment Systems. The compliance portion of
the Certificate shall be completed by a sewage treatment system inspector fully licensed by the
State of Minnesota.
•
(e) Prohibition Against Transfer of Property; Enforcement. No real property in the
City shall be transferred unless the parties to the transaction have complied with the
requirements of this ordinance.
Sec. 19-71. Failing and Non -complying Systems.
(a) Any individual sewage system determined to be failing or non- complying by the
department or by a compliance inspection required by Minnesota Chapter 7080 or this ordinance
and in violation of this ordinance, shall abate the failure and the failing system shall be
satisfactorily repaired or replaced. A system determined to be failing or non -complying and a
imminent public health threat just be brought into compliance within ten (10) months. A system
determined to be failing or non -complying but not a public health threat must be brought into
compliance within three (3) 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 Sec. 19-67 of
this ordinance 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 Chapter
7080 and this ordinance.
Sec.19-72. Maintenance.
(a) Pumping of Septic Tanks. The owner of any individual sewage treatment system
shall properly clean the septic tank or tanks at least once every three (3) 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 3 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 Chapter 7080.0130, subpart 2.M, to allow for maintenance
to take place through the maintenance hole.
(c) 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.
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• Sec. 19-73. Abandonment of On -site 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.
(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 Sec. 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) Licensed Designer Responsibilities. All individual sewage treatment system
designs shall be in compliance with this ordinance. Designs submitted to the City shall be of
sufficient detail and to scale so as to allow adequate review for compliance by the department.
(e) Authority to Repair. Repairs shall be performed by a licensed installer and
require a permit.
Sec. 19-74. Administration and Enforcement.
(a) 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:
(1) Inspect new, repaired, or replaced individual sewage treatment systems
and septage disposal sites located in the unincorporated areas of the City
as provided in this ordinance, issue certificates of compliance for new,
repaired, or replaced systems, and investigate complaints of violations of
this ordinance.
(2) Recommend that legal proceedings be initiated by the City Attorney to
compel compliance with the provisions of this ordinance.
(3) Advise, consult, cooperate with the public and other governmental
agencies in the furtherance of this ordinance.
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(4) Issue orders:
isa. To suspend or revoke permits issued under this ordinance.
b. To stop actions which constitute a violation of this ordinance.
C. To correct systems determined by the department to be in a state
of failure or determined to be otherwise in violation of this
ordinance.
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.
(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 (5) city working days of the receipt
of the request for hearing and identify a hearing time within twenty (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 Sec. 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 Sec. 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 (10) days no later than thirty (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 ninety (90) days after the close
of the hearing.
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• (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.
•
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
(5) 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 ordinance and Minnesota
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.
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 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
reasonable application and enforcement of the provisions of this ordinance, the City Council may
grant a variance from the provisions of this ordinance upon such conditions as it may prescribe
for individual sewage system management consistent with the general purpose and intent of this
ordinance, 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 damaging to rights or property of others;
(3) Pursuant to Minnesota Rule 7080.0305, variances to decrease the three
foot 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
. Rule 7080.0030, subp.3.
69714.o i
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•
•
•
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 8th day of February , 1999, by the City Council
of the City of Chanhassen.
ATT ST:
Todd Gerhardt, Acting City Manager NancyK. 1,61ancino, Mayor
(Published in the Chanhassen Villager on March 4 , 19ag ).
69714.o l
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IV
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INDIVIDUAL SANITARY SEWAGETREATMENT SYSTEMS
SUMMARY ORDINANCE NO. 289
On February 8, 1999, the City of Chanhassen, Minnesota adopted an Individual Sewage
Treatment Systems 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 matters as determined to be necessary for the protection of the health, welfare
and safety of the public and preservation of the environment.
A complete copy of the ordinance is on file with the City Clerk at 690 City Center Drive,
Chanhassen, MN 55317.
Passed and adopted by the Chanhassen City Council this 8th day of February, 1999.
Todd Gerhardt
City Clerk/Manager
(Summary published in the Chanhassen Villager on March 4, 1999)
•
0
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of
CITY OF CHANHASSEN
the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and
CARVER AND HENNEPIN
has full knowledge of the facts herein stated as follows:
COUNTIES, MINNESOTA
INDIVIDUAL SANITARY
(A) These news papers have complied with the requirements constituting qualification as a legal
SEWAGETREATMENT SYSTEMS
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
SUMMARY ORDINANCE NO. 289
amended.
On February 8, 1999, the City of
Chanhassen, Minnesota adopted Indi
(B) The printed public notice that is attached to this Affidavit and identified as No.
viidual Sewage Treatment Systems ordi-
was published on the date or dates and in the newspaper stated in the attached Notice and said
nanceregulating thedesignlocation, instal-
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
lation,construction, alteration, extension,
the newspaper specified. Printed below is a copy abet from A to Z, bot
'
repair, use and maintenance of individual
inclusive, and is hereby acknowledged as being theused in the composi n
sewage treatment systems; requiring per-
mits for individual sewage treatment sys-
tems; payment of fees; providing for in-
abcdefghijklmnospection;
jxy
penalties for failure to comply;
issuing, denying, modifying, imposing
conditions upon, suspending or revoking
permits; and other matters as determined
srud, General Manager
to be necessary for the protection of the
health, welfare and safety ofthepublic and
or his designated agent
preservation of the environment.
A complete copy of the ordinance is
Subscribed and sworn before me on
on file with the. City Clerk at 690 City
Center Drive, Chanhassen, MN 55317.
Passed and adopted by the Chanhassen
_day ��
Council this 81' day of Febru
City y �y
this of 1999
1999.
Dodd Gerhardt
( WEN M. RADUENZ
Ginty Clerk/Manager
(Published in the Chanhassen Viliager.on
NOTARY PUBLIC-4#5NNESOTA
% MY COMMISSION EXPIRES 1-31-00
Thursday, March 4, 1999; No. 3357) j
---- _
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.. $12.50 per column inch
Maximum rate allowed by law for the above matter .............................. $12.50 per column inch
Rate actually charged for the above matter .............................................. $8.78 per column inch