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HomeMy WebLinkAboutOrd. 221 - Sewage Disposal Systems CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 221 An Ordinance repealing Ordinance No. 37, adopted August 13,1976; Ordinance No. 37A, adopted September 7,1976; Ordinance No. 37B, adopted September 19,1978; Ordinance No. 37C, adopted November 6, 1990; and Ordinance No. 37D adopted May 28, 1993. AN ORDINANCE REGULATING THE INSTALLATION, CONSTRUCTION, ALTERATION, EXTENSION, REPAIR AND MAINTENANCE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS: REQUIRING PERMITS FOR AND LICENSING OF PERSONS ENGAGED IN THE CONSTRUCTION AND SERVICING THEREOF; PROVIDING FOR THE INSPECTION OF SUCH SYSTEMS, AND THE ABATEMENT OF NUISANCES; PROVIDING FOR THE INSPECTION OF PRIVATE WATER SYSTEMS, AND PRESCRIBING PENAL TIES FOR VIOLATIONS THEREOF IN THE CITY OF ANDOVER. The City Council of the City of Andover ordains as follows: An Ordinance adopting Chapter 7080 Rules relating to individual sewage treatment systems program. Section 1. Adoption ofIndividual Sewage Treatment Standards (Chapter 708m. The City Council of the City of Andover hereby adopts "Individual Sewage Treatment Standards, Chapter 7080" as amended. Section 2. Required Upgrade. 7080.0060 subpA Required Upgrade. . ..owner must upgrade, replace, or discontinue use of the system within six months from notice of noncompliance. Section ~. Sewage Tanks. 7080.0130 Sewage Tanks. Amend Table II # of BedroomsLiquid Capacity (gallons) 3 or less 4 to 6 7 to 9 1250 1500 2000 Section 4. Final Treatment and Disposal. 7080.0170 Final Treatment and Disposal. B. (3) Gravelless drainfield pipe Delete entire section Section 5. Maintenance. 7080.0175 Maintenance. The City is divided into two areas for the purpose of biennial reporting by property owners. The area west ofCSAH No.9 shall report on odd years and the area east of CSAH No.9 on even years, Each property owner shall complete the maintenance report of his on-site sewage disposal system and submit the form by September 1st of that year. The City requires that each property owner has his on-site sewage disposal system pumped as often as required by inspections, but no less frequently than every three years. Failure on the part of the property owner to have an on-site sewage disposal system cleaned when said system is found to require cleaning shall be cause for the City to provide for the cleaning service and provide the property owner with an advance notification of the date the system will be cleaned. The cost of this service shall be assessed to the property owner. Section 6. Requirements for Local Ordinances. 7080.0305 Requirements for Local Ordinances. subpA E. A provision that requires all lots created after January 23, 1996 shall have two (2) 5,000 square foot areas designated and staked for the primary and secondary on-site septic drainfield based on design criteria for a four (4) bedroom home. The designated drainfield locations as stated above shall comply with Chapter 7080 as amended. The location of the primary and secondary sites shall be indicated on the preliminary grading plan and the design specifications for the drainfields shall be submitted at the time of the submittal of the preliminary plat. Section 7. Licenses. 7080.0700 Licenses. subp.l 1. No person, firm or corporation shall design, evaluate, install, maintain, pump or inspect an individual sewage treatment system unless they are certified by the Minnesota Pollution Control Agency (MPCA) as an Individual Sewage Treatment System (ISTS) Professional. 2 2. No person, firm or corporation shall engage in the business of designing, evaluating, installing, pumping or inspecting such systems in the City without fIrst obtaining a license from MPCA and present this to the city for verification. 3. Any installation, construction, alteration or repair of a sewage disposal system by a licensee in violation of any provision of this Ordinance or refusal on the part of a licensee to correct such defective work shall be cause for revocation of or refusal to renew a license. Said license may be revoked or its renewal refused. The licensee shall be given a hearing by the City Council to show cause why such license should not be revoked or refused. Notice of the time, place and purpose of such hearing shall be in writing. Section 8. Enforcement and Inspections. 7080.0900 Enforcement. subp.6. Any person, firm, corporation or voluntary association which violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished as defined by state law. A. Enforcing Officer. The Building Official shall be responsible for the administration of this ordinance. B. Issuance of Permits. No building permit for any building requiring an on-site disposal system shall be issued until the required on site disposal design has been completed by a Certified ISTS person. C. Inspection. 1. The Building Official shall make such inspection or inspections as are necessary to determine compliance with this Ordinance. No part of a newly constructed system, or an existing system which has been altered, extended or repaired shall be covered until it has been inspected and approved by the Building Official. It shall be the responsibility of the applicant for the permit to give twenty four (24) hours prior notice to the Building Official that the job will be ready for inspection or reinspection. It shall be the duty of the owner or occupant of the property to give the Building Official free access to the property at reasonable times for the purpose of making such inspections. 2. If upon inspection the Building Official discovers that any part of the system is not constructed or operating in accordance with the minimum standards provided in this Ordinance, he shall give the owner or applicant written notification describing the defects. Such notice shall prescribe a reasonable time within which such defect must be corrected. If, after such written notice is given, and the owner or applicant neglects or refuses to correct such defects or fails to make the system conform to this ordinance within the time specified in said notice, the City shall then repair the defective system. The City would acquire three bids from certified installers with the lowest bidder repairing the system. The cost shall be assessed against the property upon which the defective system is located. No system shall be placed or replaced in service until all 3 defects have been corrected or eliminated, and a reinspection has been made. The applicant shall pay an additional fee for each reinspection that is necessary. 3. Any system which allows septic tank effluent to percolate from the ground, contaminating ground or surface waters, or causing noxious odors, or which because of its operation or construction imperils the health, safety or welfare of the public, is declared to be a nuisance. Upon receipt of notice of noncompliance setting forth facts that a system constitutes a nuisance. The owner shall abate such nuisance within thirty (30) days. Upon the failure of such owner to abate said nuisance within the prescribed time. The city shall proceed to abate said nuisance as prescribed in Section C.2. 4. In addition to the specifications herein provided, the City may cause regular or periodic inspections of any or all systems within the City to insure that all systems are in proper operation and in compliance with this ordinance. It shall be the duty of the owner or occupant of property to give the inspector free access to the property at reasonable times for the purpose of making such inspections. If the owner does not give free access, the City may obtain a search warrant for the purpose of determining health or safety violations on private property. Section 9. Alternative and Experimental Systems. 7080.0910 Alternative and Experimental Systems. No experimental or alternate systems except at city discretion. &Won 10 Validity. In the event any word, phrase, sentence, clause or section is found to be in conflict with the provision of this ordinance, the most restrictive interpretation shall apply. Adopted by the City Council of the City of Andover this.6!h day of May, 1997. CITY OF ANDOVER ATTEST: UWJOdb . t.m~~ Victoria V olk, City Clerk 4