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Home My WebLink AboutOrd. 432 - Individual Sewage Treatment SystemsCITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 432 THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 10: WATER AND SEWER CHAPTER 4: INDIVIDUAL SEWAGE DISPOSAL SYSTEMS (Strikeouts are language to be removed and underlining represents new language to be added.) CHAPTER 4 INDIVIDUAL SEWAGE SAL TREATMENT SYSTEMS' SECTION: 10 -4 -1: Staab Purpose, Applicability, and Authority 10 -4 -2: " rteRdrneRtG TO Fds General Provisions 10 -4 -3: Standards Adopted 10 -4 -4: Permits 10 -4 -5: Violations and Penalties 10 -4 -1: ! PURPOSE, APPLICABILITY, AND AUTHORITY. The r;t., r, ,,„ " I o eI . J opts st,.nda- d of the M . Pollutie Standards, Control Ageney eentained in dhe dee-um-ent titled "Individual Sewage T-featment Chapter- 7080", and the Anoka County Sewage T+ea�mepA Or-dinanee, eepies of w-hieh are file in the effee of the Building Off:eial for- ..,,i ke use .,n ; eetion ___- in L11t Vlllt� Vl Llll LH11L1111�. Vllll'1(Ll LVl�J A. Purpose. It is the purpose and intent of this ordinance to establish standards for the design, location, construction, operation, and maintenance of Subsurface Sewage Treatment Systems (SSTS). B. Applicability. This ordinance shall apply to those sites or facilities which are licensed permitted, or otherwise regulated by City ordinance. The sewer provisions of this ordinance shall also apply to any premises in the City that are not served by a sewage treatment system permitted by the Minnesota Pollution Control Agency or are located in a city or township which has not adopted a subsurface sewage treatment system ordinance. C. Authority. This ordinance is adopted pursuant to the authorization and requirements contained in Minnesota Statutes 045A.05, 115.55 and Minnesota Administrative Rules Chapter 7082. (Ord. 221, 5 -6 -1997; amd. 2003 Code; amd. 1 -2 -07, Ord. 338) ' See also sections 3 -3 -5, 10 -2 -3, and 13 -4 -6H2 of this code. 10 -4 -2: AMENDMENTS TO STANOAROS2 GENERAL PROVISIONS• .!. .... _ tip ..■ .. Ic ■■. - - . . . ....... . ....... -1 ....... ic ■'. BMW - mill- R tit -1 ... - - . . . ....... . ....... -1 ....... ic ■'. -a -, w A. Treatment Required. All sewage generated in unsewered areas shall be treated and dispersed by an approved SSTS or a system permitted by the Minnesota Pollution Control Agency. B. Administrative Policy and Procedures. The provisions of the Andover City Ordinance, Title 1, apply to the administration and enforcement of this Ordinance unless otherwise expressly provided for in this Ordinance C. Administration. This Ordinance shall be administered by the Andover City Building Inspections Department. The term "Department," where used in this ordinance and the Administrative Procedures Ordinance shall mean the Andover City Building Inspections Department. wo-le a--— T;l MM MINA W-4 W- I - . - A. Treatment Required. All sewage generated in unsewered areas shall be treated and dispersed by an approved SSTS or a system permitted by the Minnesota Pollution Control Agency. B. Administrative Policy and Procedures. The provisions of the Andover City Ordinance, Title 1, apply to the administration and enforcement of this Ordinance unless otherwise expressly provided for in this Ordinance C. Administration. This Ordinance shall be administered by the Andover City Building Inspections Department. The term "Department," where used in this ordinance and the Administrative Procedures Ordinance shall mean the Andover City Building Inspections Department. wo-le a--— I - . - cy - Mal M- A. Treatment Required. All sewage generated in unsewered areas shall be treated and dispersed by an approved SSTS or a system permitted by the Minnesota Pollution Control Agency. B. Administrative Policy and Procedures. The provisions of the Andover City Ordinance, Title 1, apply to the administration and enforcement of this Ordinance unless otherwise expressly provided for in this Ordinance C. Administration. This Ordinance shall be administered by the Andover City Building Inspections Department. The term "Department," where used in this ordinance and the Administrative Procedures Ordinance shall mean the Andover City Building Inspections Department. . - - - - -- - - A. Treatment Required. All sewage generated in unsewered areas shall be treated and dispersed by an approved SSTS or a system permitted by the Minnesota Pollution Control Agency. B. Administrative Policy and Procedures. The provisions of the Andover City Ordinance, Title 1, apply to the administration and enforcement of this Ordinance unless otherwise expressly provided for in this Ordinance C. Administration. This Ordinance shall be administered by the Andover City Building Inspections Department. The term "Department," where used in this ordinance and the Administrative Procedures Ordinance shall mean the Andover City Building Inspections Department. D. Compliance. No person shall cause or permit the location construction alteration extension, conversion, operation or maintenance of a subsurface sewage treatment system, except in full compliance with the provisions of this ordinance 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. Site Evaluation, System Design, Construction, Inspection and Servicing. Site evaluation, and system design, construction, inspection and system servicing shall be performed by Minnesota Pollution Control Agency licensed SSTS businesses or qualified employees of local governments or persons exempt from licensing in Minn R. 7083.0700. For lots platted after April 1, 1996 a design shall evaluate and locate space for a second soil treatment area. G. Inspection. No part of an individual sewage treatment system shall be covered until it has been inspected and approved by the Department If any part of the system is covered before being inspected and approved as herein provided it shall be uncovered upon the direction of the Department The Department shall cause such inspections as are necessary to determine compliance with this ordinance It shall be the responsibility of the permittee to notify the Department that the system is ready for inspection. If the integrity of the system is threatened by adverse weather if left open and the Department is unable to conduct an inspection the permittee may after receiving Permission from the Department document compliance with the ordinance by photographic means that show said compliance and submit that evidence to the Department prior to final approval being sough H. Compliance Inspection Required A SSTS compliance inspection is required: 1. For a new or replacement SSTS. 2. When altering an existing structure to add a bedroom 3. When a parcel having an existing system undergoes development subdivision, or split_ I. Imminent Public Health and Safety Threat; Failing System; and Surface Discharge 1. A subsurface sewage treatment system which poses an imminent threat to public health and safety shall immediately abate the threat according to instructions by the Department and be brought into compliance with this ordinance in accordance with a schedule established by the Department which schedule will not exceed ten (10) months. 2. A failing system, an SSTS that is not protective of groundwater, shall be brought into compliance within twenty -four months after receiving notice from the Department. 3. An SSTS discharging raw or partially treated wastewater to ground surface or surface water is prohibited unless permitted under the National Pollution Discharge Elimination System. J. Conflict Resolution. For SSTS systems regulated under this Ordinance conflicts and other technical disputes over new construction, replacement and existing systems will be managed in accordance with the Andover City Administrative Procedures Ordinance, Title 1. K. Septic Tank Maintenance. The owner of a sewage tank or tanks shall regularly, but not less frequently than ever three hree years (unless otherwise approved by the Department due to limited use), inspect the tank(s) and measure the accumulations of sludge, and scum. If the system is pumped measurement is not needed The owner shall remove and sanitarily dispose of sgptage whenever the top of the sludge laver is less than 12 inches below the bottom of the outlet baffle or the bottom of the scum layer is less than 3 inches above the bottom of the outlet baffle Removal of septage shall include complete removal of scum and sludge. L. Non - Complying Systems. Existing systems which are non- complying but not an imminent health or safety threat failing or discharging to surface may continue in use so long as the use is not changed or expanded If the use changes or is expanded the non - complying elements of the existing system must be brought into compliance M. Non - Complying Work. New individual sewage treatment system construction that is non - compliant, or other work on a system that is non -com l3 ing must be brought into compliance with this ordinance in accordance with a schedule established by the Department, which schedule will not exceed seven days unless the Department finds extenuating circumstances. N. 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. O. Setback Reduction. Where conditions prevent the construction 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 infrin eg on adjacent properties and with the concurrence of the affected properties. P. Floodplain. An SSTS shall not be located in a floodwav or floodplain Location within the flood fringe is permitted provided that the design complies with this ordinance and all of the rules and statutes incorporated by reference Q. Class V Injection Wells. All owners of new or replacement SSTS that are considered to be Class V iniection 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 A encL (Amd. 112107, Ord. 338; Amd. 112107, Ord. 338; Amd. 112107, Ord. 338; Ord. 221, 5 -6 -1997; amd. 2003 Code; Amd. 112107, Ord. 338) 10 -4 -3 STANDARDS ADOPTED A. Minnesota Rules Adopted Minnesota Rules Chapters 7080 and 7081 that are in effect on the date of passage of this ordinance relating to subsurface sewage treatment systems, are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. B. Rules Amended. The rules, adopted in Section 3.01 are amended as follows: 1. Compliance Inspection - 15 Percent Vertical Separation Reduction MR 7080.1500 Subp. 4D is amended to allow 15 percent reduction of vertical separation (separation distance no less than 30.6 inches) may be determined to be compliant for existing systems to account for settling and variable interpretation of soil characteristics. C. 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 Department finds extenuating circumstances D. System Abandonment. An SSTS or component thereof, that is no longer intended to be used must be abandoned in accordance with the adopted standards of this Ordinance. 10 -4 -4 PERMITS A. Permit Required. No person shall cause or allow the location construction alteration extension, conversion, or modification of any subsurface sewage treatmentsystem without first obtaining a permit for such work from the Department No person shall construct, alter, extend, convert, or modify any structure which is or will utilize subsurface sewage treatment system without first obtaining a permit 1. All work performed on an SSTS shall be done by an appropriately licensed business qualified employees or persons exempt from licensing! Permit applications shall be submitted by the person doing the individual subsurface sewage treatment system construction on forms provided by the Department and accompanied by required site and design data and permit fees 2. Permits shall only be issued to the person doing the individual sewage treatment system construction. 3. Permit applications for new and replacement SSTS shall include a management plan for the owner that includes a schedule for septic tank maintenance. 4. A permit is not required for minor repairs or replacement of damaged or deteriorated components that do not alter the original function change the treatment capacity, change the location of system components or otherwise change the original system's design layout or function ' See also sections 10 -1 -7 and 10 -2 -5 of this Title B. Operating Permit An operating permit shall be required of all owners of new holding tanks. Type IV and V systems; MSTS and other SSTS that the Department has determined requires operational oversight 1. Application. Application for an operating permit shall be made on a form provided by the Department. 2. Holding Tanks. The owner of holding tanks installed after the effective date of this Ordinance shall provide the Department with a copy of a contract with a licensed sewage maintenance business for monitoring and removal of holding tank contents. 10 -4 -5 VIOLATIONS AND PENALTIES A. Misdemeanor. Any person who fails to comply with the provisions of this ordinance may be charged with a misdemeanor and upon conviction thereof, shall be punished therefore, as provided by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues B. Injunctive Relief. In the event of a violation or a threat of violation of this ordinance the Department may institute appropriate actions or proceedings to include injunctive relief to prevent, restrain correct or abate such violations or threatened violations; and the City Attorney may institute a civil action C. Civil Action. In the event of a violation of this ordinance the City may institute appropriate actions or proceedings to include injunctive relief to prevent restrain correct, or abate such violations, or threatened violations and the City Attorney may institute such action. Adopted by the City Council of the City of Andover on this 19TH day of November, 2013. ATTEST: CITY OF ANDOVER Mi elle Hartner, Deputy City Clerk Wchael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 432 SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE, TITLE 10, SECTIONS: 10 -4 -1; 10 -4 -2; 10- 4-3; AND ADDING SECTIONS 10 -4 -4; 10 -4 -5, RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare and to establish standards for the design, location, construction, operation and maintenance of Subsurface Sewage Treatment Systems [SSTS]. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 19th day of November, 2013. ATTEST: Mi he1cT le Hartner, Deputy City Clerk CITY OF ANDOVER chael R. Gamache, Mayor