Ch9.§3 · City of Nowthen public records

#### 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 and all of the following are demonstrated: 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, or within ten (10) months if it is a new compliance inspection that failed; and  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. ii. Establishment and Funding. Buyer and seller shall obtain estimates for the cost of compliance repairs from at least two separate licensed Installers; the Designated Building Official, or their designee, shall review the estimates. 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. ### Section 12. Section 9-3-10 of the Nowthen City Code is added as follows:

Ch.9 § 3

Amendment history