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HomeMy WebLinkAboutSP November 29, 1994 / \ / CITY of ANDOVER ANDOVER SPECIAL CITY COUNCIL MEETING AGENDA November 29, 1994 Discussion No. 37. On-Site Septic 'Systems/Ordinance 7:00 p.m. 1. 2. Call to Order 3. Adjournment , / ~ .'" .' .. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA 1'0. SECTION DATE November 22. 1994 ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning -=t BY: David L. Carlberg Planning Director Special Council Meeting ITEM 1'0. Discussion - On-Site Septic Systems/ Ord. No. 37 The City Council, at their November 1, 1994 meeting, requested a Special Council meeting be held to invite the local waste haulers to discuss and get their opinions on how septic inspections and/or mandated pumping should be handled and the costs associated with the inspections/pumping. Staff has informed the pumpers and requested their presence at tonight's meeting. Attached is the following: 1. Letter to pumpers. 2. List of pumpers invited to the meeting. 3. Minutes from November 1, 1994 Council meeting. 4. Letter from MPCA - legislative update. 5. Letter from Jim Larson Dated September 16, 1994. 6. Ordinance Amendment approved by Council requiring biennial inspections. The Council should be aware that staff has scheduled a meeting with Metropolitan Council Staff on December 2, 1994 to discuss this and other related policy issues. MOTION BY: SECOND BY: '. / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 " , , To: On-Site Septic Pumpers From: David L. Carlberg Planning. Director Re: Invitation to Special City Council Meeting to Discuss On- site Septic Systems. The City Council requests your presence at a Special Council' Meeting to be held on Tuesday,. Nov. 29, 1994 at 7 :00 p.m. ,The Council will be discussing inspecting and pumping on-site septic systems. ,AS.YOU may be aware, the Metropolitan Council has adopted a policy requiring all on-site septic systems to be inspected. biennially bya licensed inspector certified by the Minnesota Pollution Control Agency. Due to this fact~the Council ~ould , like to discuss. the procedure and implementation of the policy. please call me as soon as possible at 755-5100 if you are able to attend tha meeting. Sincerely, ,~a.t:/ ./ aL1 . David L. carlberg . Planning Director DLC/blh \ J " I I 1994 LICENSED CONTRACTORS Pumping: A-1 Rootmaster MPCA# 600 A-l Sewer Service MPCA# 985 A Northern Cesspool MPCA 1047 Ace Cesspool MPCA# 974 Dan's Sewer Service MPCA# 991 . ~,.,..~'-Dave' s Custom Digging MPCA#1842 .. Lashinski Seotic MPCAU038 Lillemo Backhoe Service # 900 Pehlke, D.J. #pend. ~apid Drain #pend. 3ewerman MPCA#1361 Soderstrom's Sales MPCA#1296 Stan's Line Cleaning MPCA#2046 Sa.bl'leO'6 S):ca.va..+1ng .D::u;e. t\~ /C,;:3LJ/.:Tcwx4 .x.N'W ~ ' !I\N SSEO:; I / " , City of Andover Phone 738-8355 434-3686 424-2180 421-6386 434-6814 427-8333 434-3915 444-5912 421-3006 257-1321 441-4548 434-6140 753-3056 Ins. 8/20/94 5/24/95 11/1/94 4/30/95 9/01/95 1/22/95 cont. 11/24/94 10/09/94 04/25/94 06/23/95 10/31/94 03/24/94 09~ W/C 8/25/94 exempt exempt exempt exempt exempt cent. 11/24/94 exempt exempt 6/23/95 10/31/94 exempt .~ . / ( .. @ ; Regular Andover City Council Meeting Minutes - November 1, 1994 Page B (Receive Petition/IP94-1B/Middle School, Continued) / Councilmember Jacobson asked that the District's acceptance of the proposed assessment be in writing. Mr. Davidson alsO assured the Council this extension of utilities will not deo~ on any future development. Anyone who connects to it in t~e fu U:te will be assessed; but future development is not required to pay r this extension. The School District is buying into the system; n into this piece of pipe. Mr. Fursman explained the school has p ~tioned for the project and has waived their right to a public hea 'ng and their right to appeal the assessment. Mr. Davidson pointed 0 the estimated costs were determined without selecting the specifi route nor with the benefit of soil borings. MOTION by Jacobson, Se nded by Perry, to declare the adequacy of petition and also th Resolution accepting the feasibliity study, waiving the public earing, ordering the improvement and directing preparation of pI s and specifications for the improvement of Project 94-18 for sanita sewer, watermain and storm drain, as presented. (See Resolution R2 -94 declaring adequacy of petition for IP94-18; and Resolution 282-94 accepting feasibility study) Motion carried unanimous ouncil recessed at 8:47 p.m. to meet in executive session with the C' y Attorney regarding the Ashford Development/Wittington Ridge storm qrainage litigation. The meeting resumed at 9:33 p.m. ON-SITE SEPTIC DISCUSSION/MET COUNCIL/ORDINANCE 37 Mr. Carlberg explained the Metropolitan Council is standing by its policy on biennial inspections of on-site septic systems; and the City will be required to enforce Ordinance 37 or some variation of it. The Met Council will not grant any more MUSA expansion for Andover until this issue is resolved. He received notice that the Anoka County Sheriff's Substation and the School District have requested MUSA expansion, and those requests are incomplete based on the City's septic system policy or the transportation issue. The transportation issue is now simple to resolve, but the septic system issue is still there. While there was a reluctance to mandate either option, the Council debated the merits of hiring City Staff to do the biennial inspections versus mandating the systems to be pumped every two years. It was noted it would probably mean hiring two additional Staff for inspections and enforcement, plus the large amount of book work needed. If done this way, the preference was the residents either be billed through their tax statement if possible or to bill through Anoka Electric. It was , estimated the cost would be about $3 per month per homeowner. I , It was then suggested the local waste haulers be invited to meet with the Council to discuss their opinions on how the inspections and/or mandated pumping should be handled and the costs. The Staff was directed to set up the meeting, inviting all licensed haulers in the City. The special meeting was set for Tuesday, November 29, 1994, 7:00 p.m. , ) Minnesota Pollution Control Agency " This letter will update you on the legislation that was passed in the 1994 session. The Individual Sewage Treatment System Act (ISTS Act) requires alllSTS professionals in the state of Minnesota be licensed. After the effective date of the new licensing rule (est. July, 1995) you will be able to receive a license only if you meet the new rule requirements. After March 31, 1996, you must have a state license to do site evaluations, designs, installations, inspections or maintenances on individual sewage treatment systems. The new state licenses required under the ISTS Act will replace all local licenses for site evaluation, designing, installing, inspecting and pumping of individual sewage treatment systems. The Minnesota Pollution Control Agency (MPCA) is responsible for writing the rules that will govern the licensing program. The ISTS Act requires the MPCA to adopt these rules no later than January 1, 1996. Professionals who are fully certified under the existing voluntary certification program at the time the rules are adopted will qualify for licensing upon proof of general liability insurance and a corporate surety bond for at least $10,000. Licenses will be required for all classifications of professionals. These classifications will be similar to those under the voluntary certification program (Le., site evaluator, designer, contractor, pumper and inspector). You must be fully certified, in the c1assification{s) of your choice, on the effective date of this new rule (est July, 1995) in order to qualify for a state Iicense(s). Please check your certification. '\ , ) If you are fully certified under a classification and wish to perform work under other classifications, you must become fully certified in those areas to qualify to be licensed. For example, if you are a fully certified contractor and you wish to perform design work, you must meet the current experience requirements under the voluntary program, and get fully certified as a designer, in order to obtain separate contractor and designer licenses. If you are provisionally certified at this time, we strongly recommend you fulfill the current requirements for full certification by the effective date of the rule. If you are not fully certified by thi:? date, (est July,1995), you will have to,meet the requirements under the new rules for licensing. Provisionallv certified oersons will not be issued a new license until thev fulfill the reauirements under the new rule. Another requirement to receive a State license is that your present certification must be current This means you must have the needed renewal hours before the expiration date on your certificate. Therefore, if your expiration date is 12/31/95 you can not wait until the 1996 University of Minnesota Onsite Workshops to get your renewal hours. You must have completed the hours before your certification expires, not after! We are attempting to keep you informed and give you as much time as possible to meet the above requirements. Many of the specifics of the new licensing program have yet to be developed. The new rule (tentatively entitled Minn, Rule Chapter 7085) is not ready for distribution. The MPCA is continuing to meet with interested parties to get input Information on this process will be presented at the upcoming workshops. Enclosed with this letter is information of the voluntary certification program requirements, an application for certification, your renewal notice, if applicable, and a fact sheet on the ISTS Act Please contact the ISTS information line at (612) 282-6246, if you have any questions or comments. , \ I ~ ~ ~\'C1--ov.:.v 6otc- Clarence Manke Victoria Cook ISTS Licensure Team ISTS Licensure Team Water Quality Division Water Quality Division 520 Lafayette Rd. N,; 51. Paul, MN 55155.4194; (612) 296.6300 (voice); (612) 282-5332 (TTY) Regional Offices: Duluth. Brainerd' Detroit Lakes' Marshall' Rochester Equal Opportunity Employer' Printed on recycled paper containing at least 1 0% fibers from paper recycled by consumers, ) INFORMATION ABOUT THE VOLUNTARY CERTIFICATION PROGRAM The purpose of this information sheet is to answer questions you might have about the Minnesota Pollution Control Agency's (MPCA) Certification Program and how people involved in the on-site sewage treatment industry can get certified. Tfyou have other questions, please contact: Clarence Manke, Telephone: (612) 296-7309 TIY: (612) 282-5332 What is certification? The NfPCA, in cooperation with the Individual Sewage Treatment Systems (ISTS) Advisory Committee, administers a certification program for people involved in the site evaluation, design, installation, inspection and maintenance of on-site sewage treatment systems. By being certified, on- site sewage treatment professionals can demonstrate that they are knowledgeable and experienced. What are the different types of certification? The five types of on-site sewage treatment work for which one can be certified are: a. b. '\ ) c. Installer. An installer is considered to be any person who is directly responsible on the job site for the installation or repair of individual sewage treatment systems. Designer. A designer is any person who designs individual sewage treatment systems or parts of individual sewage treatment systems. Inspector. An inspector is any person who approves the design, grants permits, and inspects the installation, operation and maintenance of on-site sewage treatment systems. These are generally persons employed by local units of government for this purpose, but also include state, regional, and federal employees ,and independent contractors doing inspections for local units of government. d. Site Evaluator. A site evaluator is any person who investigates the characteristics of a site to determine the site's suitability for the installation, operation and maintenance of an on-site sewage treatment system e. Pumper. A pumper is any person who cleans and services sewage tanks or who maintains other parts of individual sewage treatment systems. A qualified person can become either fully certified or provisionally certified in each of these work areas as explained below. How do T become certified? In order to become certified, you must first pass an examination administered by the NfPeA. After you have received a letter from the NfPCA that you have passed the examination, you must then apply for certification within 90 days on a form that will be mailed to you along with your test , ) results. To become fully certified, you must show satisfactory evidence of experience as follows: a. . Installers need to have installed or repaired at least ten (10) approved systems in any two of the past five years. 2 b. Designers need to have designed at least 20 approved systems in any two of the past five years. I J c. Inspectors need to have inspected at least 30 approved systems in any two of the past five years. d. Pumpers need to have serviced at least 6~ systems in any two of the past five years. e. Site evaluators need to have conducted approved site evaluations for a total of at least 20 sites in any two of the past five years. To become either fully or provisionally certified, a site evaluator must submit evidence of satisfactory attendance at a one-day site evaluation workshop. The amount of experience required can be reduced by 25 percent for each 15 hours of training that is completed. The required experience cannot be reduced by more than 50 percent in this way. Each three-day{UofM) workshop, either basic cr advanced, is worL'l15 hours of training. Tnerefore, the following experience requirements apply for those who have completed three-day workshops. EXPERIENCE REQUIRED (Systems in any two of the past five years) r "- I / Training Hours o 15 30 Installers 10 8 5 Designers 20 15 10 Inspectors 30 23 15 Pumpers 50 45 30 Site Evaluator 20 15 10 Satisfactory evidence of experience should be in written form and signed by those who you submit your work to, or by those who inspect your work. For example, installers should submit written , evidence from the certified inspectors who have inspected their installations and inspectors should submit written evidence from their supervisors. · Persons who do not meet the experience requirements, but who have passed the certification exam, can apply for a provisional certificate until they obtain the required experience. What 8re thf' re<;plirem/>nts far rene"',"!1~ cer!iflcaticn? Certificates continue in effect for a period of three years unless revoked prior to that time. A certificate can be renewed by sending to the MPCA evidence of completing 15 hours of training during the three-year period of the certificate or by passing the written examination. again. A pumper's certificate can be renewed by completing 5 hours of training specifically designed for pumpers. Can I lose mv certification? Advisory Committee is also authorized to recommend the revocation of certification for any person who, after a hearing before the committee, shall be found guilty of: '\ a The practice of fraud or deceit in obtaining a certificate; or .I b. . . Any gross negligence, incompetency or misconduct in the performance of his or her duties. - " Minnesota Pollution Control Agency ~ ~ June 1994 , ) Facts about The Individual Sewage Treatment Syste~ Act On May 10, 1994, legislation vidual sewage treatment systems must conform to 7080 roles. governing individual sewage can adequately treat and dispose treatment systems (ISTSs, com- of domestic wastewater only if The new law creates a method of monly called "septic systems") they are properly sited, designed, identifying non-complying septic was signed into law, taking aim at built and maintained. systems over rime. After Decem- the serious water pollution and ber 31,1995, local governments health problems associated with that issue building pennits or the thousands of failing septic How will the law be variances will have new require- systems in the state. The new implemented? ments relating to ISTSs, such as .~ i legislation will affect almost inspections or certificates of everyone who works with such Many counties, cities and towns in compliance/noncompliance. sewage .systems, from propeny Minnesota cunently regulate These requirements will be ownexs to professionals who septic systems using a variety of defined in Minn. Rules Chapter , install the systems to officials who requirements and standards. 7080. ISTSs posing an imminent \ / make.and enforce local ordi- While the 1994 legislation will threat to public health or safety nances. promote the use of minimum ISTS must be upgraded, replaced, or standards in the state, it will, at the their use discontinued within 10 The new law (Minn. Laws 1994, same time, leave some flexibility months of identification. .... Olapter 617) includes require- in the hands of local govemments ments for minimum sewage- responsible for implementing the treatment standards, new con- new rules. How will the law affect stIUction, replacement of ISTSs, property owners? disclosure of sewage-system The new Act requires that any information to propeny buyers, ISTS ordinance adopted by a local An important means of bringing and a mandatory licensing pro- unit of government must comply septic systems into compliance is gram for all1STS professionals, with the minimum state standards ensuring that homeowners or including designers, site evalua- (Minn. Rules Chapter 7080) by potential homeowners are aware tors, installers, inspectors and January 1, 1996. The Act allows of the possible water pollution and pumpers. Through these tighter for alternative ISTS standards at human health problems associated controls, phased in by 1996, the the local level if those standards with failing septic systems. The legislation aims at cutting down adequately protect public health buying or selling of propeny on the contamination of surface and the environment and are presents an opportunity to ensure '\ and ground waters caused by reviewed and certified by the that the potential homeowner has , / inadequate septic systems. Indi- MPCA. All new construction the information needed to make an informed decision about a home @ Printed on paper containing at least 10 percent fibers served by a septic system. from paper recycled by consumers. \ ) Page Two The 1994 ISTS Act requires that a need to show proof of general 1996. Fmally, ISTS profes- " \' sionals must be licensed to seller disclose to a buyer at the liability insurance and provide a time of propeny transfer the starns $10,000 corporate surety bond. operate in the state by March and location of an individual Local units of government cannot 31, 1996. sewage treatment system. The require additional ISTS licenses. buyer mayor may not choose to In July, 1994, the MPCA will act on the disclosed information as The MPCA will develop rules begin the process of develop- pan of the propeny transfer, but governing the education, training, ing the rules under the new the seller is liable to the buyerJor bonding, enforcement, and licens- legislation and upd:1ri.,g the costs to bring the system into ing program. TIrree exceptions to existing Rule 7080. Interested compliance and for attorney fees the licensing rules are included in individuals are encouraged to for collection of costs if the seller the Act: get involved in the rulemaking fails to disclose the information process by calling the MPCA. without a written agreement . s;ate and local employees In addition, the MPCA is stating otherwise. Under the must pass an examination soliciting a limited number of disclosure provision, effective but do not need a license. interested individuals to serve August 31, 1994, a seller is held . individuals installing their as advisory committee mem- " responsible for providing the own septic systems (sub- bers. / information for a period of two ject to inspection require- years after the propeny transfer. ments) do not need licenses. · individuals working under the direct supervision of a For more information on this "(.; ,.~ ::::: How will ISTSprofes- licensed professional also new law and how it may $:;. :J siorials be licensed? affect you, contact: i-:". do not need licenses. ;% .. t ~~:; While many ISTS professionals ISTS Team Members t vO!!.l..'1taril y 0 btain tr:lir.ing and When does the law take MPCA-(WQ/MO) :::;: earn certification from the MPCA, effect? 520 Lafayette Road ,., &: :.;~ mandatory licensing of all ISTS St. Paul,:MN 55101 ~~; ~ :'"<=: professionals is required under the Provisions under the Act will be .. new legislation beginning March phased-in over time so that all Or call using any of the .. ~~ ~.;;: 31,1996. After that date, any panies understand the require- following phone numbers .~; :~;: ~.)o individual (with the exceptions ments. The provision governing (area code 612): i ;,.;,.; ,. noted below) working on septic disclosure of ISTS information to ".;:: . 296-7248 . 296-7764 ~::: systems anywhere in the state will propeny buyers is effective (.;. x.; . 296-7309 . 296-8762 ;:::; need to be licensed by the Agency August 31,1994. Local units of l~ for an annual fee of $100, and government must adhere to the . 296-9322 . 296-7231 ~* '\ '- / these ISTS professionals must minimum state ISTS standards (or Or toll-free 1-800- 657-3864 operate using strict criteria and certified alternative standards or, standards or risk losing their if justified, more restrictive licenses. ISTS professionals will standards) beginning January 1, ,- METROPOLITAN COUNCIL M~ur,r ParI.: C~II/I? ~JO &SI Fifth Slr~~I. 51. P"ul. MN 55/0/-/6J-I 6/~ 29/.6359 FAX 6/2 291.6550 TTY 6/2 29/-090 September 16, 1994 " " " .......~~ .!-(!:. L ~ n T-:::;- ~ ~-'& ':1 ~...u David L Carlberg City Planner City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 SEP 20 1994 CITY Or- ,....,,,. ''''\'-R ..-\ -LJV...=. '\ I J RE: City of Andover Comprehensive Plan Amendment Overall Plan Revision Response to Plan Modification/Mn. Stat. 473.167 Metropolitan Council Referral File No. 14206-5 Metropolitan Council District No.9' Dear Mr'farlcergf'!)~"iD Metropolitan Council staff has reviewed the city's on-site sewage disposal system maintenance report form and supporting operation and maintenance information summary that you presented during our August 25, 1994 meeting. The following modifications to the city's current on-site sewage disposal system management program are necessary to bring it into conformance with the Council's Wastewater Treatment and Handling Policy Plan. Co ~ -' The Council's Pollcy Plan states that on-site systems should be inspected on a regular basis, and no less than biennially. In early 1992. the Council directed its staff to more aggressively apply the Policy Plan's on-site sewage system management requirements, due to a number of concerns. Those concerns include the need to maintain the Council's rural area density policy of no more than 64 units per 640 acres, the affirmation that metropolitan wastewater facilities should serve only lands inside the metropolitan service area. that metropolitan services will not be extended to the rural service area, and that any pollution problems resulting from development activity or inadequate management of existing wastewater facilities must be resolved and financed by the local governments involved. On-site systems can degrade both ground and surface water quality if either inadequately operated or maintained. The possibility of failure without any appearance of deficient operation is highest when the systems are sited in coarse, excessively drained sOils, which are common in the city. "- I I The Council also clarified its position that individual homeowners would not, under most circumstances, be sufficiently qualified to perform an "inspection" of their own on.site system. Currently, the Council considers that on-site facilities should only be inspected by individuals trained and certified by the Minnesota Pollution Control Agency (MPCA). With an estimated 70,000 individual on-site sewage disposal systems in the seven-county metropolitan area of varying design, construction materials, age, and operating condition, it is the Council's position that on- site system inspections should be performed by trained individuals. In addition, the MPCA is currently responding to the rulemaking mandate of Minnesota Law 1994, ch. 617, the Septic System Act, which will include new administrative requirements for Minnesota Rules ch. 7089 and new licensing rules for individual sewage treatment system (ISTS) professionals. These.new L @ Recycled Paper David L Carlberg I September 16, 1994 Page 2 ,'forthcoming rules will impact all local units of'govemment and 1S1'S professionals within the state of Minnesota. ' i , At present, the CouncIl considers the following tasks to be necessary components of a biennial on-site system inspection: ' . Locate and visually inspect the ground surface of each component of the system including the tank(s), distnbution box, drain field(s), etc. Look specifically for settlement that could indicate collapse, or surface ponding due either to plug."aing or some degree of system failure. . Measure settled solids and scum levels in tank(s) through either inspection port(s) or tank cover. Inquire of owner when the system was last pumped, inquire if number of system users or loading has changed since last pumped, and determine whether system has sufficient capacity to retain two additional years of settled solids or scum accumulation. . Check integrity of tank bottom with rod to verify that inadequately treated wastewater is not seeping out of the bottom of failed or improperly constructed tank(s). . Inspect and confirm presence and integrity of both inlet and outlet baffles as possIble through inspection port(s) and tank access cover if tank does not need to be pumped. Absence of baffles will require pumping of tank and repairs to replace baffles. . If primary (or only) tank needs to be pumped, or will be unable to retain two more years' accumulation of solids or scum, remove tank access cover(s) and pump out all contents of tank(s)ilirough the access hole (not through inspection ports). . Access distnbution box if present and identify which drainage trenches are in use. . View inspection ports at beginning and end of each trench so equipped to determine if flow is successfully filling the entire length of each trench in use. Also view inspection ports of trenches not in use and note presence or absence of any liquid in each trench. Presence of liquid in trenches not in use could indicate the presence of high ground water which would preclude the usability of those trenches. . If present, inspect dosing tank to verify proper operation of pump(s), low level shutoff, and high water level alarm or warning light. . If present, inspect the mound distnbution system to verify the absence of any existing surface ponding or evidence of past ponding or leakage at the surface on or around the mound. Also verify that no heavy traffic occurs over the mound, that there is adequate ground cover over the mound, that there are no bushes planted on the mound, and that there are no large trees at the perimeter of the mound. -' ~ ~._- . ~ .-- While this list may seem long, many of the tasks are only simple visual assessments, and if carried out, will maximize the life and efficiency of operation of an individual on-site sewage system. Some concern has been expressed that a two-year inspection cycle is unnecessarily frequent to insure adequate system operation. While considered conservative by some, the Council's policies were established to promote efficient and pollution-free operation of on-site sewage disposal systems. The Council has in the past been called upon to provide metropolitan seweyservice to rural areas when on-site systems had failed. Provision of this service has been extremely costly however, and the Council wants to minimize the need for this costly experience in the future.- / I / " " '. " ;. -.' " David L Carlberg September 16, 1994 Page 3 " , The Minnesota Extension SerVice (Extension) recommends in their Get To Know Your Septic Tank information brochure (copy enclosed) that sludge and scum should be removed by pumping every one to three years for a 1QOO.gallon tank serving a three-bedroom home with no garbage disposal unit having four occupants. Additionally, the Extension states that while the frequency of cleaning is determined by each household, every 24 months is a good estimate for a typical home without a garbage disposal The Council has historically left the management program decision of who would perform system inspections up to each local government. Some communities utilize municipal staff to inspect all systems, and others provide a listing of licensed and certified individuals to local residents for them to individually contract for the service. In addition, other communities have chosen to require biennial pumping of all individual on-site sewage disposal systems. This type of.program can result in an overa1I cost savings if inspections indicate that solids also need to be removed for an additional charge. This type of management program is in accord with Council guidelines if the individual removing solids from the system is also certified as an inspector by the MPCA, and will be qualified to carry out the above-listed inspection functions. If you have any additional questions please telephone me at 291-6404. Sincerely, ;; . , ~~ Jim Larsen, P.E. Environmental EngineerlSenior Planner enclosure cc: David Hartley, Metropolitan Council District No.9 Lynda Voge, Metropolitan Council Staff Dick Thompson. Metropolitan Council Staff r ... CITY Or ANDOVER COUNTY Or ANOKA STATE Or MINNESOTA ORDINANCE NO, 37D AN ORDINANCE REGULATING THE DESIGN, EVALUATION, INSTALLATION, SeNS~RgS~~eNT A~~5RA~~eNT 5*~ENs~eNT R5PA~R AN9 XA~N~5NANSE PUMPING, OR INSPECTION Or INDIVIDUAL SEWAGE 9~speSAb TREATMENT SYSTEMS: REQUIRING PERMITS rOR AND LICENSING Or PERSONS ENGAGED IN THE CONSTRUCTION AND SERVICING THEREOr: PROVIDING FOR THE INSPECTION OF SUCH SYSTEMS, AND THE ABATEMENT OF NUISANCES: PROVIDING FOR THE INSPECTION OF PRIVATE WATER SYSTEMS, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF ANDOVER, COUNTY OF ANOKA, STATE OF MINNESOTA. The City Council of the City of Andover hereby ordains: Ordinance No. 37 is hereby amended as follows: SECTION 2. GENERAL PROVISIONS. E. Surface Disposal Field. ,. -,j' N ~:: 7. Maintenance. /_..... \.. a. Each property owner having an on-site sewage disposal system shall have the system insoected on a B~-aRR~a~ biennial bas~s by an ~nsoector cert~fied by the Minnesota Pollution Control A enc MPCA) and file a cooy 0 t e ~nsoect~on ma:R~eRaRee report on ~fta~ the system w~th the e%~y e~e~~ Building Official. b. The City is divided into two (2) areas for the purposes .of biennial +B~-aRR~a~+ reporting by property owners. The areas west of CSAH No. 9 shall report on odd years and the area east of CSAH No.9 on even years. (37A, 9-07-76) .. ~ '" c. Each property owner .' d. The City requires that each property owner has nis on-site sewage disposal system pumped as often as required by insoections, as stated in Section2(El, Subsection 7 d.- 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. (37B, 9-19-78) , page 19 " e. The ?asis for determining if septic tank c~eaning is needed lS the measurement of the depth of sludge and scum in the septic tank. When, as a result of such measurement, the top of the sludge layer ~n the tank or any compartment of the tank is found to be less than twelve (12") inches below the bottom of the outlet baffle or submerged pipe or if the bottom of the Scum layer is less than three (3") inches above the bottom of the outlet baffle or submerged pipe, the owner or"agent shall arrange for the removal and sanitary disposal of the contents of the tank. !. Individual servicing of septic tanks and soil absorption units shall require a permit from the"City and shall conform to the Minnesota Department of Health and Minnesota pollution Control Agency specifications. Disposal of sludge and scum removed from the system shall be into a municipal sewer disposal system at a disposal site approved by the Building Official. ~. Owners of sanitary disposal systems shall be required to cooperate with and assist the City in taking water samples, as required, to test the adequacy of such systems. SECTION 4. LICENSES. A. Licensinq. 1. ) 2. , , J 3. Applicant shall file with the City Clerk policies of public liability and property damage insurance which shall remain in force and effect during the entire term of said license and which shall contain a provision that they shall not be canceled without ten (10) days written notice to the City. Public liability insurance shall not be less than one hundred thousand ($100,000) dollars for injuries including accidental death to anyone (1) person and subject to the same limit for each person in an amount of not less than three hundred thousand (S300,000) dollars on account to any one (1) accident, and property damage insurance in the amount of not less than fifty thousand ($50,000) dollars_ for each accident and not less than one hundred thousand ($100,000) dollars aggregated. No work shall be done under license until said insurance policies have been filed and approved by the City. Page 20 " i 4. Licenses shall be renewed annually. The annual license tee shall be as set by City Council Resolution. Applications for suc~ license sh~ll be made annually on a form furnished by the C~ty Clerk. L~censes shall be in effect from January 1 to December 31 of that year. (37C, 11-06-90) ~. Application for licenses shall be filed with .' Clerk and shall be reviewed and subject t~ the the City. the City approval of 6. 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 5. COMPLIANCE, PENALTIES AND VALIDITY. A. Comoliance. The inspection reporting procedure as defined in Section 2(E)7 shall be effective as of January 1, 1994, to allow the City of Andover to establish the implementation and notification procedure. B. Penalties. "1 / 1. Any person found to be violating any provision of this ordinance shall be served by the Building Official with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall within the period of time stated in such notice, permanently cease all violations. ..<1.: 2. 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 ~y State Law. (37C, 11-06-90) 3. Any person violating any of ordinance shall become liable to loss or damage occasioned the violation. the the City orovisions cl ty for any by reason of this expense, of such C. Validi ty. 1. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. '\ 2. The invalidity of any section, clause, provision of this ordinance shall not affect the any other part of this ordinance which can be without such invalid part or parts. sentence or validi ty of given effect .J 3. In the event any word, phrase, section is found to be in conflict with this ordinance, the most restrictive apply. sentence, clause or the provisions of interpretation shall Page 21 Adopted by the city Council of the City of Andover this 20th day of April, 1993. CITY OF ANDOVER tZ-y ~4 V~ctor~a Vo , City Clerk 9. t. 1llc;(~L tf E. McKelvey, May~r ATTEST: " , .' :~.: .... -'. \ I / .- '. ~~ .. ~'.-= ) page 22