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Home My WebLink AboutOrd. 338 - Sewage Disposal Systems CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 338 AN ORDINANCE PROVIDING FOR CHANGES TO CITY CODE SECTION 10-4 (INDIVIDUAL SEW AGE DISPOSAL SYSTEMS) TO BRING IT INTO CONFORMANCE WITH CURRENT MNPCA AND ANOKA COUNTY REQUIREMENTS AND ESTABLISH MORE RESTRICTIVE REQUIREMENTS BY THE CITY OF ANDOVER The City Council of the City of Andover hereby ordains as follows (stricken sections to be removed, with underlined sections to be added to the City Code): SECTION 10-4 --INDIVIDUAL SEWAGE DISPOSAL SYSTEMS1 SECTION: 1 0-4-1 : Standards Adopted 10-4-2: Amendments To Standards 1 0-4-1 : STANDARDS ADOPTED: The City Council hereby adopts standards of the Minnesota Pollution Control Agency contained in the document titled "Individual Sewage Treatment Standards, Chapter 7080", and the Anoka County SewaQe Treatment Ordinance, -a- copyies of which is are on file in the office of the Building Official for public use and inspection. (Ord. 221,5-6-1997; amd. 2003 Code) 10-4-2: AMENDMENTS TO STANDARDS: 7080.0060 Required Upgrade, Subp. 4.A is superceded bv the followinQ more restrictive lanQuaQe: = The property owner mYSt shall upgrade, replace, or discontinue use of the failed system within six months from notice of noncompliance. 7080.0130 Sewage Tanks. Amend Table II: # Of Bedrooms Liquid Capacity (qallons) 3 or less 2 or less ~ 1.000 with effluent filter "1 to 6 3or4 1500 1.500 with 2 compartments or multiple tanks 7 to 9 5or6 2000 2.000 with 2 compartments or multiple tanks 1 See also sections 3-3-5, 10-2-3, 12 12 '1 and 13-4-6H2 of this code. 7080.0170, Final Treatment and Disposal.Subpart B.(3) Gravelless drainfield pipe: Delete entire section. 7080.0175 Maintenance. The City requires that each property owner have 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. 7080.0305 Requirements for Local Ordinances, Subp. 4. 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. 7080.0700 Licenses, Subp. 11 . 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. 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 section 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. 1 See also sections 10-1-7 and 10-2-5 ofthis title. 7080.0900 Enforcement Subp. 6.Action Subpart 4 is superceded by the following language: Any person, firm, corporation or voluntary association that violates any provision of this chapter 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 chapter. 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 chapter. No part of a newly constructed system, or an existing system that 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 re-inspection. 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 chapter, 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 chapter 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 defects have been corrected or eliminated, and a re-inspection has been made. The applicant shall pay an additional fee for each re-inspection 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 chapter. 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. 7080.0910 Alternative and Experimental Systems. No experimontal or alternate systems oxcept 3t City discretion. (Ord. 221,5-6-1997; amd. 2003 Code) Section 2.07 B of Anoka County Sewaae Treatment Ordinance is hearbv superceded bv the City of Andover's reauirements to read as follows: B. A failina system. other than one that poses an imminent health or safety threat. shall be brouaht into compliance within six (6) months after receivina notice from the City Buildina Department. Tbis ordinance shall become effective following its adoption and publication according to law. Adopted by the City Council of the City of Andover this 2nd day of January, 2007. ATTEST: CITY OF ANDOVER ~ {)~ Victoria V olk, City Clerk CITY OF i\NDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 338 SUMMARY AN ORDINANCE PROVIDING FOR CHANGES TO CITY CODE SECTION 10-4 (INDIVIDUAL SEW AGE DISPOSAL SYSTEMS) TO BRING IT INTO CONFORMANCE WITH CURRENT MNPCA AND ANOKA COUNTY REQUIREMENTS AND ESTABLISH MORE RESTRICTIVE REQUIREMENTS BY THE CITY OF ANDOVER STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes 329. Policy The purpose of this ordinance is to require all individual sewage disposal systems to be brought into compliance with MnPCA Standards and Anoka County Ordinances regulating these systems and allow for more restrictions that the City Council of the City of Andover belieye are necessary to protect human health and sanitation. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions ofthis ordinance shall apply to the City of Andoyer. Enforcement The City Clerk 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 and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. A printed copy of this ordinance is ayailable for inspection by any person during regular office hours of the City Clerk and at the Rum Riyer Branch of the Anoka County Library. Adopted by the City Council of the City of Andover this 2nd day of January, 2007. Attest: CITY OF ANDOVER /J.~ !la '--/?~ ~A .' "'../' , v;;f/ .,. .:_':7~ Victoria V olk - City Clerk ~c1iael R. Gamache - Mayor