Ch9.§2-3 · City of Nowthen public records

A. A permit required by the Fire Code shall be obtained by submission of an application to the Department of Building Safety along with any fee established in Section 1-2-2 of the City Code. B. Inspections as required by the Fire Code shall be scheduled by the City and shall require payment of any fee established in Section 1-2-2 of the City Code. (Ordinance #39, adopted October 12, 2011)     ## SECTION 3 SUBSURFACE SEWAGE TREATMENT SYSTEMS (SSTS) PROGRAM Section: 9-3-1 Purpose 9-3-2 Authority 9-3-3 Scope and Applicability 9-3-4 Adoption of State Regulations 9-3-5 Liability 9-3-6 Definitions 9-3-7 Administration 9-3-8 Permit Requirements 9-3-9 Inspection Requirements 9-3-10 Administrative Variances 9-3-11 Design Standards; Technical and Construction Requirements 9-3-12 Class V Injection Wells 9-3-13 Prohibited Systems and Uses 9-3-14 Upgrades, Repairs, Replacement, and Abandonment of Failing Systems 9-3-15 Dispute Resolution 9-3-16 Enforcement, Violations, and Penalites ### 9-3-1 PURPOSE: The purpose of this Section is to establish minimum standards for the regulation of Subsurface Sewage Treatment Systems (referred to herein as "SSTS") within the City of Nowthen. These standards address the proper location, design, construction, installation, alteration, operation, maintenance, repair, replacement, and abandonment of SSTS in order to protect surface water and groundwater from contamination by sewage and wastewater; safeguard public health and safety; preserve the natural environment; and prevent or eliminate public nuisances. This Section further establishes permitting requirements, mandates that all SSTS be operated under an approved management plan, and provides for enforcement and penalties in cases of noncompliance. ### 9-3-2 AUTHORITY: This Section is adopted pursuant to the authority granted by Minnesota Statutes § 115.55 - 115.58, § 145A.01-145A.08, and § 375.51, together with Minnesota Administrative Rules Chapters 7080 through 7083, and the Anoka County Sewage Treatment Ordinance as each may be amended from time to time. All statutory and rule references contained herein are adopted by reference and shall apply as amended. ### 9-3-3 SCOPE AND APPLICABILITY:   This Section applies to all premises within the City of Nowthen that are not served by a municipal sanitary sewer system. All sewage generated in such areas shall be treated and dispersed through an approved Subsurface Sewage Treatment System ("SSTS") that is sited, designed, installed, operated, and maintained in compliance with this Section, or through a sewage treatment system permitted by the Minnesota Pollution Control Agency. ### 9-3-4 ADOPTION OF STATE REGULATIONS: The City hereby adopts by reference Minnesota Statutes § 115.55 - 115.58 and Minnesota Rules Chapters 7080 through 7083, as may be amended from time to time, relating to Subsurface Sewage Treatment Systems ("SSTS"). These statutes and rules are incorporated into this Section as if fully set forth herein. Copies of the adopted regulations shall be maintained and made available for public inspection in the office of the City Clerk. ### 9-3-5 LIABILITY: Any liability or responsibility shall not be imposed upon the City or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any onsite or cluster treatment system regulated under this Ordinance by reason of standards, requirements, or inspections authorized hereunder. ### 9-3-6 DEFINITIONS: For purposes of this Section, the following terms shall have the meanings given to them below. Where terms are not defined herein, the definitions in Minnesota Statutes § 115.55 and Minnesota Rules Chapters 7080-7083, as amended, shall apply. Administrative Variance. A variance granted by the City under § 9-3-10 of this Chapter. As-Built. A drawing and documentation completed and signed by a licensed SSTS Installer that accurately depicts the final in-place location, size, and type of all system components, submitted within thirty (30) days of system completion. Code Compliance Officer. The individual designated by the City to enforce violations of this Section.   Compliance Inspection. An evaluation, investigation, or inspection of an SSTS that is conducted, reported, and signed by a licensed SSTS Inspector in accordance with Minnesota Rules 7082.0700. Designated Building Official. The City of Nowthen Building Official, or their designee, responsible for administration, permitting, inspection, and enforcement of this Section. Failing System. An SSTS that (a) poses an imminent threat to public health or safety as defined in Minnesota Rules 7080.1500, Subp. 4(B); (b) results in the discharge of sewage to the ground surface, drainage systems, ditches, storm sewers, tile lines, or surface waters; or (c) does not provide adequate treatment to protect groundwater as defined in Minnesota Rules 7080.1500, Subp. 4(A). Holding Tank. A tank permitted under § 9-3-12 that is designed and constructed to collect and store sewage until it is pumped and transported to a treatment facility. Imminent Threat to Public Health and Safety. A condition defined in Minnesota Rules 7080.1500, Subp. 4(B), in which sewage or sewage effluent is discharged to the ground surface, drainageways, ditches, stormwater systems, tile lines, or surface waters; or sewage is backing up into a dwelling or other establishment. Installer. A business licensed by the MPCA under Minnesota Rules 7083.0700 to install or construct SSTS. Maintenance (Pumping) Permit. A permit issued under § 9-3-9(C) authorizing the pumping, cleaning, or inspection of septic or holding tanks. Management Plan. A document required by Minnesota Rules 7082.0600 that describes system-specific operation and maintenance requirements, including a tank pumping schedule, monitoring, reporting, and performance expectations. Mid-Size Subsurface Sewage Treatment System (MSTS). An SSTS, or group of systems under common ownership, that receives sewage with design flows of greater than 5,000 gallons but less than 10,000 gallons per day, as defined in Minnesota Rules 7081.0020. Multiple Connection. The connection of more than one dwelling, commercial, institutional, or industrial unit to a single SSTS, permitted only when specified in the approved design and permit issued by the City. Notice of Noncompliance. A written document issued by the Designated Building Official, or their designee, notifying the system owner that an SSTS is not in compliance with this Section or Minnesota Rules 7080-7083, and specifying the required corrective actions and timelines.   Operating Permit. A permit issued under § 9-3-9(B) establishing performance, monitoring, and reporting requirements for an SSTS, as required by Minnesota Rules 7082.0600. Permittee. The individual or business to whom a construction, operating, or maintenance permit is issued under this Section. Septage. Solids and liquids removed during the maintenance of sewage tanks, holding tanks, or other treatment devices. Septic Compliance Escrow Account. A temporary escrow account established under § 9-3-10(B) to hold funds sufficient to ensure timely correction of identified noncompliance. Soil Treatment Area. The portion of an SSTS designed and constructed to treat sewage effluent by filtration and absorption into the soil, including both primary and designated reserve/secondary areas. Subsurface Sewage Treatment System (SSTS). A sewage treatment system, as defined in Minnesota Rules 7080.1100, Subp. 82, that is either an individual sewage treatment system or a mid-size sewage treatment system, as applicable. Type I-V Systems. System types as defined and regulated under Minnesota Rules 7080.2200-7080.2400, including gravity trench systems, mounds, at- grades, and alternative designs. Vertical Separation. The vertical distance from the bottom of the distribution medium to the periodically saturated soil level, bedrock, or another limiting layer, as defined in Minnesota Rules 7080.1100. ### 9-3-7 ADMINISTRATION The City Clerk, Designated Building Official, Code Compliance Officer, and City Planner shall be responsible for the administration of this Section. A. City Clerk Duties. The City Administration shall be responsible for the operation and oversight of the City of Nowthen SSTS Program. B. Designated Building Official Duties. The Designated Building Official or their designee shall be responsible for the administration and issuance of orders, permits, site and system inspections, compliance determinations, investigation of failing systems, notices, drainfield site requirements, and any other duties necessary to ensure compliance with the provisions of this Section and other applicable State laws.   C. Code Compliance Officer Duties. The Code Compliance Officer shall be responsible for enforcement of violations of this Section. D. City Planner Duties. The City Planner shall be responsible for variance requests from the requirements of this Section. ### 9-3-8 PERMIT REQUIREMENTS No person shall engage in the evaluation, inspection, design, installation, construction, alteration, expansion, extension, conversion, repair, rejuvenation, remediation, replacement, excavation, operation, maintenance, or pumping of a Subsurface Sewage Treatment System ("SSTS") or any SSTS component within the City without first obtaining the applicable permit required by this Section. A. Construction Permits. No person shall cause or allow the location, installation, construction, alteration, extension, conversion, modification, repair, replacement, excavation, or enlargement of any SSTS, or construct, alter, extend, convert, or modify any structure that is or will be served by an SSTS, without first obtaining a construction permit from the Designated Building Official. A construction permit for an SSTS is separate from a building permit. 1\. Eligibility and Licensed Parties. All SSTS work shall be performed by an appropriately licensed business and qualified employees, or by persons exempt from licensing as provided in Minnesota Rules 7083.0700. Construction permits shall be issued only to the licensed Installer who will perform the work. i. A property owner installing an SSTS to treat wastewater solely from their own dwelling or a seasonal dwelling may install their own system but is limited to Type I gravity trench systems only and any assistance provided to the system owner in construction of a system under this item must be performed by a licensed installation business. 2\. Application. Applications shall be submitted by the person performing the work on forms (or the electronic platform) provided by the City and must include: i. A complete SSTS design prepared and signed by a licensed Designer;   ii. A site plan showing the location of existing and proposed buildings relative to property boundaries; the location of all wells on the property; the required soil treatment areas; the location, size, and design of all SSTS components to be installed, altered, repaired, or extended; iii. Documentation demonstrating compliance with this Section and the site evaluation/design requirements of Minnesota Rules Chapters 7080-7083; iv. The present or proposed location of water supply facilities and water supply piping; v. If applicable, a storm water management plan; vi. For new construction, the SSTS location depicted on a certificate of survey; vii. A management plan for the owner, including a septic tank maintenance schedule, prepared in accordance with Minnesota Rules 7080.0600, Subpart 1(B), and any additional requirements determined by the Designated Building Official; and viii. Fees established in the City's fee schedule adopted annually by the City Council. 3\. Processing and Coordination. For new construction, the SSTS construction permit application and any related building permit application shall be processed together; however, each permit remains separate and subject to its own conditions. 4\. Minor Work Exemption. A construction permit is not required for minor repairs that do not alter the system's original design, treatment capacity, location, layout, or function. 5\. Remediation: A permit shall be required when an operational component is added or a method employed to an SSTS to recover a failing treatment area. Required information for this permit will be a description of what is wrong with the existing SSTS, an inspection/compliance of the components of the system, a lab sample of the existing effluent to determine abnormalities and a preliminary site evaluation of what the   upgrade options will be on the property if the remediation fails to correct the problem. A management plan/operating permit will also be required. 6\. Capacity Expansions. Expansion of any existing SSTS shall include any system changes that are necessary to bring the entire system into compliance with the prevailing provisions of this Section at the time of the expansion. 7\. Noncomplying Work. New SSTS construction that is noncompliant, or other work on a system that is noncomplying, must be brought into compliance with this Section in accordance with a schedule established by the Designated Building Official, or their designee, which will not exceed seven (7) days unless the Designated Building Official, or their designee find extenuating circumstances. 8\. Validity. Construction permits are valid for sixty (60) days from the date of issuance unless issued simultaneously with a building permit for new construction, in which case the SSTS permit shall expire on the same date as the building permit. B. Operating Permits. An operating permit is required for: · All holding tanks (new or existing); · Type IV and Type V systems; · Mid-Size Subsurface Sewage Treatment Systems ("MSTS"); · Systems serving other establishments; and · Any other SSTS the City determines requires operational oversight. 1\. Application. Applications shall be submitted on forms (or the electronic platform) provided by the Designated Building Official. For holding tanks installed after April 8, 2014, the owner shall provide a copy of a current contract with a licensed sewage maintenance business for monitoring and removal of tank contents. 2\. Permit Conditions and Standards. Operating permits shall establish monitoring, inspection, maintenance, reporting, and performance requirements that meet or exceed Minnesota Rules 7082.0600, Subpart 2, and may include additional conditions deemed necessary by the Designated Building Official. Systems identified in Minnesota Rules 7080.2290, 7080.2350, 7080.2400, and those regulated under Chapter 7081 require an operating permit.   3\. Issuance Timing. For new SSTS and MSTS, the operating permit shall be processed with the construction permit; however, each permit remains separate and subject to its own conditions. For existing systems and system repairs, operating permits shall be issued as separate permits. 4\. Term and Fees. Operating permits are valid for one (1) year and may be renewed upon payment of the applicable fee, as established in the City's fee schedule. 5\. Transfer. Upon sale or transfer of property served by an SSTS requiring an operating permit, the Designated Building Official shall issue a new operating permit in the new owner's name; the new owner shall pay the applicable fee, as established in the City's fee schedule and comply with all permit conditions. 6\. Baseline for Systems Without Operating/Management Permits. SSTS not operated under an operating or management permit must have treatment tanks inspected at least once every three (3) years, and solids shall be removed when accumulations exceed the limits in Minnesota Rules 7080.2450. C. Maintenance (Pumping) Permits. A maintenance (pumping) permit is required for each activity involving the pumping, cleaning, or inspection of septic or holding tanks. 1\. Owner Responsibilities. The owner of each lot served by an SSTS is responsible for lawful operation and maintenance. 2\. Application. The Maintainer shall apply to the Department or its designee for each maintenance activity on forms (or the electronic platform) provided by the City. The application shall include sufficient information to identify and locate the Maintainer's dumping/disposal facility and to identify the Maintainer and any approved pumping vehicle. 3\. Standards for Maintenance. i. Septage shall be removed when sludge or scum accumulations exceed the limits in Minnesota Rules 7080.2450; removal shall include complete removal of scum and sludge and sanitary disposal.   ii. Where necessary, risers shall be installed to bring the manhole cover to within twelve (12) inches of the ground surface. iii. Maintenance activities and records shall be reported through the City's designated forms or electronic platform. iv. Routine Maintenance. A "routine maintenance" permit is issued for maintenance which occurs twelve (12) months or more after the previous cleaning. The application for a third pumping permit within a twelve (12) months period may be indicative of a failing SSTS and requires a compliance inspection be performed by a licensed SSTS inspection company within ninety (90) days of the third maintenance. v. Emergency Pumping may be required when the SSTS's failure to meet the minimum standards, failure of plumbing fixtures to drain properly or effluent backing up from the system. The Maintainer shall obtain the required maintenance permit within five (5) working days following the date of the emergency cleaning or pumping. 4\. Reporting and Records. Pumpers/Maintainers shall obtain a maintenance (pumping) permit prior to pumping on the platform provided by the Designated Building Official. If the permit is issued on paper, they must leave a completed copy of the permit/report with the property owner, and file a copy with the Designated Building Official for City records. If the permit is obtained through electronic means, the Designated Building Official will have access to that platform, and the Pumper/Maintainer must ensure the property owner has access to the record. 5\. Term and Fees. Maintenance (pumping) permits are valid for one (1) year from the date of issuance. Fees shall be paid in accordance with the City's fee schedule adopted annually. ### 9-3-9 INSPECTION REQUIREMENTS #### A. General. 1\. Any person performing inspections under this Section must be properly licensed or certified by the Minnesota Pollution Control Agency (MPCA) in accordance with Minnesota Rules 7083.0700 through 7083.2040.   2\. The Designated Building Official, or their designee, may conduct such inspections and reinspections as are necessary to determine compliance with this Section and applicable state rules. 3\. Right of Entry. Pursuant to Minn. Stat. § 115.04, as amended, and upon presentation of identifying credentials to the owner or occupant, the Designated Building Official, or their designee, may enter upon any property, public or private, at reasonable times for the purposes of obtaining information or conducting surveys, investigations, or inspections related to this Section. It shall be the duty of the owner or occupant to provide free access for such inspections. #### B. Construction Inspections. 1\. Covering Prohibited Before Approval. No part of an SSTS shall be covered until it has been inspected and approved by the Designated Building Official, or their designee. If any part of the system is covered prior to inspection and approval, it shall be uncovered at the direction of the Designated Building Official, or their designee. 2\. Scheduling and Responsibility. It is the responsibility of the permittee/Installer to notify the Designated Building Official, or their designee, when the system is ready for inspection or reinspection. ##### 3. On-Site Presence and Documents. i. A contracted SSTS-licensed business with an appropriately certified SSTS Installer shall be present on-site during construction and inspection. ii. Design sheets shall be present during on-site construction permit inspections. 4\. Required Inspection Stages. Inspections shall occur at the following stages, as applicable, and at any other stages deemed necessary by the Designated Building Official, or their designee: i. Soil Verification ii. Ground scarification for at-grade and mound systems; iii. Installation of rock and pipes;   iv. Installation of septic tanks, manhole covers, risers, and inspection pipes; v. After the SSTS is finished, final grading completed, and erosion control established; vi. Other inspections deemed necessary. 5\. Adverse Weather - Photo Documentation. If leaving the system open threatens its integrity due to adverse weather and the Designated Building Official, or their designee is unable to perform the inspection, the permittee may, after receiving prior permission from the Designated Building Official, or their designee, submit photographic documentation demonstrating compliance. Such documentation shall be submitted prior to seeking final approval. 6\. Deficiencies; Reinspection. If any portion of the work does not meet the minimum standards of this Section or applicable state rules, the Designated Building Official, or their designee, shall issue written notice describing the defects. The applicant shall correct or eliminate all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated. Reinspection fees shall apply as set forth in the City Fee Schedule approved annually by the City Council. 7\. As-Built and Close-Out Documentation. Within thirty (30) days of completion of any permitted SSTS, the Installer shall submit applicable documentation, which may include: i. An as-built drawing on the form supplied by the City; ii. Pump and alarm verification form; iii. Tank identification document; and iv. Abandonment form, if applicable. 8\. Installer Responsibility. The Installer shall install the SSTS and all components in accordance with the approved SSTS design and all applicable state and local regulations.   9\. Final Approval. Upon satisfactory completion and final inspection, the Designated Building Official, or their designee, shall indicate that the system has passed all inspection requirements. ## C. Compliance Inspections. 1\. When Required. A compliance inspection is required under any of the following circumstances: i. For a new or replacement SSTS. ii. Alteration of an existing structure to add a bedroom; iii. When a parcel with an existing system undergoes development, subdivision, or split; iv. When property ownership is transferred; v. Granting of a request for change in system design or change in permit conditions; vi. The City learns of, or receives a complaint regarding, a failing system or a system posing an imminent threat to public health, safety, and welfare. ## 2. Standards; Local Amendment. i. Compliance determinations shall be made in accordance with Minnesota Rules 7080-7083, as applicable. ii. Vertical Separation (Local Amendment). Minnesota Rules 7080.1500, Subpart 4(D), as adopted herein, is amended to allow a fifteen percent (15%) reduction of vertical separation (to not less than 30.6 inches) for existing systems to account for settling and variability in soil interpretation. iii. Systems found compliant but lacking proper access to the maintenance hole shall install risers and bring access to grade in accordance with Minnesota Rules 7080.1970(C). 3\. Certificates and Notices. The Designated Building Official, or their designee shall document compliance.   i. Compliant. Compliant reports will be filed in the address file (electronically). ii. Noncompliant. If the SSTS is found out of compliance, the Designated Building Official, or their designee shall forward documentation to the Code Compliance Officer for enforcement. The Code Compliance Officer shall issue a letter of noncompliance stating a reasonable period for the owner to bring the system into compliance. a. Change in Use. A Certificate of Compliance may be voided if, subsequent to the issuance of the certificate, the use of the premises or condition of the system has changed or been altered. ### 4. Septic Compliance Escrow Account (Temporary Alternative at Sale/Transfer or as Deemed Appropriate). i. An escrow may be allowed when the Designated Building Official, or their designee, determines that immediate correction is impractical, including: a. The noncompliance was identified between December 1 and May 1, making it impractical to bring the system into compliance during that timeframe; b. The noncompliance was not created by the buyer or seller, making it impossible or impractical for them to bring the system into compliance immediately; c. The buyer or seller agrees to bring the system into compliance within the initial compliance date as identified in the Nowthen City Code Section 9-3-14; d. A locally available contractor lacks necessary equipment due to frozen soils exceeding twelve (12) inches and/or is otherwise unavailable to complete the work; or e. Other extenuating circumstances approved by the Designated Building Official.   ii. Establishment and Funding. Buyer and seller shall obtain an estimate for the cost of compliance repairs from a licensed Installers. The Designated Building Official or their designee, shall review and formally accept the estimate. Buyer and seller shall establish a Septic Compliance Escrow Account, naming the City of Nowthen as a necessary party for release of funds, and deposit an amount equal to one hundred fifty percent (150%) of the estimated compliance repair cost. iii. Conditional Approval and Recordation. Upon proof of the required escrow agreement, the City may approve the sale contingent upon completion of the compliance work and closing of escrow. The contingency may be recorded against the property. Upon completion of the compliance work, the City shall authorize the release of escrow funds and remove any recorded contingency. ### 5. Compliance Inspection Documentation. i. Compliance inspections for existing systems shall include: a site sketch with all setbacks noted; the size of tanks and drainfield; and soil borings, unless two borings have already been completed by different inspectors. ii. Compliance inspection forms shall be submitted to the Designated Building Official, or their designee within fifteen (15) days of the inspection, on forms provided by the MPCA. 6\. No Warranty or Guarantee. Neither the issuance of a certificate of compliance nor any inspection of an SSTS shall constitute a warranty or guarantee that the SSTS will operate or function properly. #### D. Maintenance Inspections. 1\. Frequency. Maintenance inspections shall occur at least once every three (3) years, unless otherwise approved by the Designated Building Official, or their designee, due to limited use, or as required more frequently by an approved management plan or operating permit. 2\. Reporting. The Maintainer shall file a complete inspection and/or pumping report with the Designated Building Official, or their designee, within thirty (30) working days following the maintenance activity. Reports   shall, at a minimum, certify that the SSTS meets the standards of this Section and be signed by the licensed Maintainer or Inspector, as applicable. Each signer shall attest: "Under penalties of law, I declare that I have examined this report and all attached pages and drawings, and to the best of my knowledge and belief, they are true, correct, accurate, and complete." 3\. Failure to Report. If an owner or Maintainer fails to file the required maintenance and/or pumping report at least once every three (3) years, or files an incomplete report, the Designated Building Official, or their designee, shall notify the owner by mail that a complete report must be filed within thirty (30) days. If the owner fails to comply, a qualified Inspector shall inspect the SSTS and file the report on the owner's behalf. The City's costs shall be reimbursed by the owner within thirty (30) days of invoicing. ## 9-3-10 ADMINISTRATIVE VARIANCES ### A. General. 1\. Authority. Administrative Variances (referred to herein, as "Variance"), to this Section may be granted provided the Variance sought is not a prohibited variation under state law. Any variance that pertains to standards or requirements established by the State of Minnesota shall be approved by the affected State agency pursuant to that agency's requirements. For SSTS standards under Minnesota Rules Chapters 7080-7083, approval by the Minnesota Pollution Control Agency may be required; for well setback standards, approval by the Minnesota Department of Health is required under applicable well code. 2\. Conditions and Enforcement. The City may impose conditions on any Variance. Violation of any Variance condition is a violation of this Section and subject to the penalty provisions of this Section. 3\. No Conflict with Law. No Variance shall be granted that would authorize a practice or condition prohibited by state statute or rule. ### B. Setback Reductions and Related Relief. 1\. Existing Developed Parcels. Where conditions on an existing developed parcel prevent the construction, alteration, and/or repair of an SSTS, the Designated Building Official, or their designee, may approve reductions to   building setbacks and system sizing requirements, provided such reductions do not endanger public health or safety and do not unreasonably infringe upon adjacent properties. 2\. Right-of-Way and Property Line Setbacks. Requests to reduce setbacks from the treatment area to a public right-of-way or to other property lines shall be processed in accordance with the variance procedures established by the City zoning ordinance. 3\. Well Setbacks. The setback from a well to any septic system component shall not be reduced by City Variance under this Section. Any request to reduce a well setback must be addressed through a variance or approval issued by the Minnesota Department of Health under applicable state well code. ### C. Administrative Variance Procedure and Findings. 1\. Applications. Variance applications shall be submitted in writing on forms provided by the Designated Building Official, or their designee and shall include, at a minimum, a site plan, identification of the specific provision(s) from which relief is sought, a description of the practical difficulties necessitating the request, and any supporting technical information. 2\. Findings. In acting on a Variance, the City shall consider whether the requested relief: i. Is the minimum necessary to alleviate the practical difficulty; ii. Will not create a condition that endangers public health, safety, or welfare; iii. Will not cause or increase the likelihood of contamination of surface water or groundwater; and iv. Remains consistent with the performance objectives of this Section and applicable state rules. 3\. State Agency Coordination. When a requested Variance has the potential to implicate state rules or statutes, the Designated Building Official, or their designee's action shall be conditioned upon, and coordinated with, any required approval by the affected State agency.   ## 9-3-11 DESIGN STANDARDS; TECHNICAL AND CONSTRUCTION REQUIREMENTS ### A. Applicability; Conflicts. 1\. The following standards apply to the design and construction of Subsurface Sewage Treatment Systems ("SSTS") within the City. 2\. Where a provision of this Section conflicts with Minnesota Statutes or Minnesota Rules, the state statute or rule shall govern. 3\. Holding Tanks. Holding tanks shall comply with Minnesota Rules 7080.2290 and require an operating permit under § 9-3-8(B)(2). The owner shall maintain a current contract with a licensed sewage maintenance business to ensure removal of contents before overflow or discharge. Holding tanks may be allowed: i. As a temporary replacement for an existing noncompliant system; or ii. On an existing lot where installation of an SSTS is not feasible and extenuating circumstances are found by the Designated Building Official, or their designee. B. Hydraulic Loading Rate and SSTS Sizing. The following are adopted by reference and shall be used to size infiltration areas, applying the more conservative (larger) sizing factor of the two: 1\. Table IX from Minnesota Rules. 7080.2150, Subpart 3(E) (Loading Rates Using Detailed Soil Descriptions); and 2\. Table IX(a) from Minnesota Rules. 7080.2150, Subpart 3(E) (Loading Rates Using Percolation Test). Mound Systems. Mound systems shall be sized at 1.0 gallons per day per square foot (gpd/sf). ### C. Floodplains. 1\. No SSTS shall be located in a floodway. 2\. Location within a flood fringe area is permitted only if consistent with this Section, the City's floodplain regulations, and applicable state statutes and rules.   ### D. Setback Requirements. 1\. SSTS components shall meet or exceed the minimum setbacks in Minnesota Rules 7080.2150 (including Table VII and any applicable tables). 2\. In addition to the City Zoning Code, the following minimums apply, provided they do not reduce any state minimum: i. Septic tanks: at least 10 feet from pools; 10 feet from property lines; 10 feet from all structures; and 30 feet from wetlands (Circular 39, Type 3-8). ii. Dispersal areas: at least 20 feet from pools; 10 feet from property lines; 20 feet from all structures; and 30 feet from wetlands (Circular 39, Type 3-8). 3\. Setbacks from the treatment area to a public right-of-way or to property lines shall be processed in accordance with the City Zoning Ordinance variance procedures, where applicable. ### E. Soil Treatment Areas; Protection and Identification. 1\. Soil treatment areas shall be clearly identified and protected prior to issuance of a building permit. 2\. Soil treatment areas, including secondary areas on commercial property, shall be permanently protected from all vehicle traffic. 3\. Electrical wiring shall not cross any septic or lift tank. 4\. SSTS designs shall identify a minimum of two soil treatment and dispersal areas suitable for a Type I system that can support trenches, seepage beds, mounds, or at-grade systems, as described in Minnesota Rules 7080.2200-7080.2300, or shall document site conditions and constraints under Minnesota Rules 7081.0270, Subpart 3-7. 5\. For existing lots where no suitable Type I soil treatment area exists, a Type III area may be allowed, consistent with Minnesota Rules 7080.2300 and related provisions.   ### F. Soil Observations and Percolation Testing. 1\. Number and Location. Soil observations shall comply with Minnesota Rules 7080.1720, Subpart 4, and shall include three soil observations per site. 2\. Protection. Soil observation locations and the soil treatment and dispersal area shall be marked and protected from disturbance, compaction, or damage by staking, fencing, posting, or other effective means. 3\. Relocation; Reinspection Fee. If the proposed system location changes, soils at the new location shall be verified by the Designated Building Official, or their designee. Verification at a new location requires payment of a reinspection fee. G. Site Identification (Design Submittals). Benchmarks, borings, percolation locations, and dispersal areas shall be staked and labeled in the field, with elevations for each shown on the submitted design. H. Pump Tanks and Alarms. The pump shall employ an audible alarm and a warning light located inside the principal structure to alert occupants of failure. I. Percolation Test Reconciliation. When the observed soil texture and the percolation rate disagree, the more conservative (smaller) soil loading rate shall be used. ### J. Building Sewer and Appurtenances. 1\. The building sewer from the structure to the tank shall be not less than four inches (4") in diameter and shall meet the strength requirements of Schedule 40 plastic pipe. The line shall be installed on a uniform grade of not less than one-eighth inch (1/8") per foot, with support sufficient to prevent deflection during backfilling and settlement. Ninety-degree (90°) elbows are not permitted in the building sewer. 2\. All sewer pipelines, manholes, and appurtenances shall comply with the Minnesota Plumbing Code and Minnesota Pollution Control Agency requirements. Where the Minnesota Plumbing Code is more restrictive than this subsection, the Plumbing Code shall govern. K. State Disposal System (SDS) Permits; Large Flows and Regulated Establishments.   1\. Where a single SSTS, or a group of SSTS under single ownership within one-half mile of each other, has a design flow greater than 10,000 gpd, the owner(s) shall obtain a State Disposal System (SDS) permit from the Minnesota Pollution Control Agency. 2\. Where any SSTS has a measured daily flow that equals or exceeds 10,000 gpd for any consecutive seven-day period, an SDS permit is required. 3\. SSTS serving establishments or facilities licensed or otherwise regulated by the State shall comply with all applicable state requirements in addition to this Section. L. Type III Systems - Special Media Requirement. Type III systems designed under Minnesota Rules 7080.2300 that deviate from standards in Minnesota Rules 7080.2220, Subpart 2(A), shall include thirty-six (36) inches of clean sand meeting Minnesota Rules 7080.2220, Subpart 3(C). M. Holding Tanks. Holding tanks may be allowed for the following applications; as replacement to a failing existing system, an SSTS that poses an imminent threat to public health and safety, or for an existing lot in which a SSTS cannot feasibly be installed, and the City finds extenuating circumstances. Holding tanks require an operating permit which defines routine pumping and maintenance procedures to be approved by the City Building Official. N. Multiple Connections. No more than one (1) dwelling, commercial, institutional, or industrial unit shall be connected to a single SSTS unless the multiple connection was specified in the application, reviewed and approved by the Designated Building Official, or their designee, and expressly authorized in the permit issued for the system. ## 9-3-12 CLASS V INJECTION WELLS All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of Federal Regulations, Title 40, Part 144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR40 Part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures. ## 9-3-13 PROHIBITED SYSTEMS AND USES   A. Occupancy Without a Compliant System Prohibited. It is unlawful for any person to maintain, occupy, or use any structure intended for human occupancy, or any structure equipped with facilities capable of discharging sewage, unless the structure is served by a compliant wastewater treatment system in accordance with this Section and applicable state law and rules. B. Surface Discharge Prohibited; NPDES Exception. It is unlawful for any person to construct, maintain, or use any SSTS that results in the discharge of sewage to the ground surface or to surface waters, drainageways, ditches, storm sewers, or subsurface tile lines, unless such discharge is expressly authorized by a valid National Pollutant Discharge Elimination System (NPDES) permit issued by the Minnesota Pollution Control Agency (MPCA). C. Systems and Practices Prohibited by State Rule. Any system type, configuration, or practice prohibited under Minnesota Rules, Chapter 7080, is prohibited within the City by adoption of those provisions. Where this Section and state rules conflict, Minnesota Rules, Chapter 7080, shall govern. ## 9-3-14 UPGRADES, REPAIRS, REPLACEMENT, AND ABANDONMENT OF FAILING SYSTEMS A. Modification or Discontinuance Required. If, upon inspection, a SSTS is determined to be a failing system or poses an imminent threat to the natural environment or public health, safety, or welfare, the system shall either be modified or repaired to comply with this Section, or its use shall be discontinued, within the time periods specified in this Section. B. Failure to Protect Groundwater. Any SSTS determined not to be protective of groundwater, as defined in Minnesota Rules 7080.1500, Subpart. 4, shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with this Section within twenty-four (24) months of receipt of a Notice of Noncompliance. ### C. Imminent Public Health and Safety Threat. 1\. Any SSTS determined to be an imminent threat to public health, safety, or welfare, as defined in Minnesota Rules 7080.1500, Subpart 4, shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with this Section within ten (10) months of receipt of a Notice of Noncompliance. 2\. The imminent threat must be abated within ten (10) days of notification.   3\. The Designated Building Official, or their designee, may grant an extension of up to thirty (30) days if inclement weather or site conditions prohibit access by trucks or equipment. #### D. Emergency Actions. 1\. Notwithstanding the compliance periods set forth above, the Designated Building Official, or their designee, may order emergency pumping of a septic system within twenty-four (24) hours of issuance of a notice of a failing system or imminent health threat. 2\. The Designated Building Official, or their designee, may also require one or more of the following emergency measures: i. Installation of a level alarm within the tank that includes an audible horn and a strobe light visible from the public street; ii. Sealing of the septic tank outlet to convert the tank to a holding tank; iii. Exposure of the service manhole for ongoing pumping access; iv. Sealing of all outlets within the basement of the structure served by the SSTS; v. Execution of a right-of-entry authorization by the property owner allowing the City to conduct inspections, maintenance, repair, or replacement of the failed system. All costs incurred by the City under this subsection shall be reimbursed by the property owner within thirty (30) days of invoicing. 3\. Emergency measures ordered under this subsection do not relieve the property owner of the obligation to upgrade, repair, replace, or abandon the system to achieve compliance with this Section. ## E. Abandonment of SSTS. 1\. An SSTS, or any component thereof, that is no longer intended for use shall be properly abandoned in accordance with Minnesota Rules 7080.2500.   2\. If the person abandoning the SSTS is not a licensed SSTS professional, the abandonment must be inspected by a licensed SSTS Inspector. A state abandonment form shall be submitted to the Designated Building Official, or their designee, within thirty (30) days of abandonment. ## 9-3-15 DISPUTE RESOLUTION A. Disputes Between Licensed Businesses. The Designated Building Official, or their designee, shall serve as the deciding authority in disputes between licensed SSTS businesses regarding system design, installation, inspection, or compliance determinations. If the Designated Building Official, or their designee, determines that additional technical information is necessary to resolve the dispute, the licensed business initiating or defending the dispute shall, at its own cost, retain a Minnesota-licensed professional to present the required information. The Designated Building Official, or their designee, shall issue written findings of fact supporting any final decision. B. Disputes Involving the Designated Building Official, or their designee. If a dispute arises between a licensed SSTS business and the Designated Building Official, or their designee, the procedures in Minnesota Rules 7082.0700, Subpart 5, as amended, shall govern. ## 9-3-16 ENFORCEMENT, VIOLATIONS AND PENALTIES A. Stop Work and Repair Orders. The Designated Building Official, or their designee, may issue stop work orders or repair orders as necessary to prevent violations of this Section or to eliminate existing violations. Such orders shall specify the corrective action required and the timeframe for compliance. B. Administrative Enforcement. Pursuant to City Code § 5, the City Clerk may authorize the Code Compliance Officer to initiate administrative enforcement procedures for violations of this Section. Administrative enforcement provides an informal, cost-effective alternative to criminal prosecution or civil action and may include notices of violation, administrative fines, and compliance schedules. C. Criminal Penalties. Any person, firm, agent, or corporation that violates, fails, neglects, or refuses to comply with any provision of this Section, including any condition or safeguard imposed under this Section, or that knowingly makes any material false statement or omission in a document required by this Section, is guilty of a misdemeanor. Upon conviction, the violator shall be subject to   punishment as provided in Minnesota Statutes. Each day a violation continues shall constitute a separate offense. D. Civil Remedies. In the event of a violation or threatened violation of this Section, the City may institute appropriate civil actions or proceedings to prevent, restrain, correct, or abate the violation. The City Attorney is authorized and directed to initiate such actions, which may include injunctive relief, declaratory judgment, or other remedies available at law or equity. E. State Notification. The Designated Building Official, or their designee, shall notify the Minnesota Pollution Control Agency (MPCA) of any inspection, installation, design, construction, alteration, repair, or septage removal activity performed in violation of this Section by a licensed or certified individual, as required by state law.   # SECTION 4 EROSION AND SEDIMENT CONTROL <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>9-4-1</td> <td>Purpose</td> </tr> <tr> <td>9-4-2</td> <td>Definitions</td> </tr> <tr> <td>9-4-3</td> <td>Permits</td> </tr> <tr> <td>9-4-4</td> <td>Grading, Drainage, and Erosion Control Plan Requirements</td> </tr> <tr> <td>9-4-5</td> <td>Design Requirements</td> </tr> <tr> <td>9-4-6</td> <td>Inspection</td> </tr> <tr> <td>9-4-7</td> <td>Enforcement</td> </tr> <tr> <td>9-4-8</td> <td>Severability</td> </tr> <tr> <td>9-4-1:</td> <td>PURPOSE:</td> </tr> </table> A. During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality, and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches, and the dredging of lakes. In addition, clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat and for a healthy living environment for citizens of the City of Nowthen. B. The purpose of this Section is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement earth within the City of Nowthen. (Ordinance #13, adopted April 10, 2010) 9-4-2: DEFINITIONS: For the purposes of this Section, the following terms shall mean: BMP Manual: The manual titled Protecting Water Quality in Urban Areas (Best management Practices for Minnesota) prepared by the Minnesota Pollution Control Agency, Division of Water Quality, Latest Edition. Certified Contractor: An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion and sediment control practices. Clearing: Any activity which removes the vegetative surface cover. Drainage Way: Any channel that conveys surface runoff throughout the site. Erosion Control: Any measures that prevent erosion.   Grading, Drainage, and Erosion Control Plan: A set of plans prepared by or under the direction of a licensed professional engineer that depicts existing and proposed grading, temporary and permanent drainage facilities, and indicates the specific measures and sequencing to be used to control sediment and erosion on a development site before, during and after construction. Grading: Excavation or fill of material, including the resulting conditions thereof. Perimeter Control: A barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin. Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next. Sediment Control: Any measures that prevent eroded sediment from leaving the site. Site: A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. Site Development Permit: A permit issued by the municipality for which the purpose is construction or alteration of ground. Stabilization: The use of practices that prevent exposed soil from eroding. Start of Construction: The first land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages. Watercourse: A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land. Waterway A channel that directs surface runoff to a watercourse, or to the public storm drain. (Ordinance #13, adopted April 10, 2010) 9-4-3: PERMITS: No land owner or land operator shall receive any of building, grading or other land development permits required for land disturbance activities without first meeting the requirements of this Section prior to commencing the proposed activity. The permit application must be accompanied by the following in order that the permit application be considered: a Grading, Drainage, and Erosion Control Plan and a permit review escrow as established by Ordinance. A. This Section applies to any non-residential construction projects and any other construction activities disturbing ten thousand (10,000) square feet or more.   B. No site development permit is required for the following activities: 1\. Any emergency activity which is immediately necessary for the protection of life, property or natural resources. 2\. Existing nursery and agricultural operations conducted as a permitted main or accessory use (except mining activities and/or the digging of ponds). 3\. Developments that do not disturb more than ten thousand (10,000) square feet of land, provided they are not part of a larger common development plan. 4\. Repairs to any erosion or sediment control practice deemed necessary by City Engineer. C. Each application shall include the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by the appropriate permit escrow. D. Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Grading, Drainage, and Erosion Control Plan, and that a Certified Contractor shall be on site on all days where construction or grading activity takes place. E. Security: 1\. Upon request and at the discretion of the City Council, the applicant shall file with the City of Nowthen a faithful performance bond or bonds, letter of credit, cash escrow or other improvement security in an amount deemed sufficient by the City of Nowthen to cover all costs of improvements for such period as specified by the City of Nowthen for administration, engineering and inspection costs to cover the cost of failure or repair of improvements installed to the site. (Ordinance 2015-04, adopted September 8, 2015) 2\. Determination of other improvement securities will be upon completion of improvements and installation and establishment of landscape and turf. Establishment of landscape and turf will be at the discretion of the City Engineer. (Ord. 2019-01, adopted March 12, 2019) F. Review and Approval: 1\. The City of Nowthen will review each application for a site development permit to determine its conformance with the provisions of this Section.   Within sixty (60) days after receiving an application, the City Engineer shall, in writing: a. Approve the permit application; or b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or C. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission. 2\. Failure of the City of Nowthen to act on original or revised applications within sixty (60) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City of Nowthen. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the City of Nowthen. G. Permits issued under this Section shall be valid from the date of issuance through the date the City of Nowthen notifies the permit holder that the site has passed the final inspection as required under the permit. (Ordinance #13, adopted April 10, 2010)

Ch.9 § 2-3

Amendment history