§ 52.56. PRIVATE WASTEWATER DISPOSAL.

(A) State and Chisago County regulations for individual sewage treatment systems adopted. Except as set forth below in this section, Minn. Rules Chapters 7080, 7081, 7082 and 7083 (the “State Rules”), and the Chisago County Subsurface Sewage Treatment System Ordinance, No. 10-1, effective June 10, 2010, as amended, (the “county ordinance”), 1 copy of which is on file in the office of the City Clerk, are hereby adopted and confirmed as the public and individual disposal systems regulations of the city and is hereby incorporated in this chapter as if set out in full.

(B) General provision.

(1) Where a public sewer is not available under the provisions of § 52.55, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this chapter.

(2) Except for the permitting for land application of septage pursuant to §§ 14.03 and 14.04 of the county ordinance, which shall be administered by Chisago County, the city hereby undertakes to provide for administration and enforcement of the standards under this section within the municipal boundaries of the city.

(3) For purposes of administration and enforcement, the terms “Chisago County”, “County”, and “Department” in the County Ordinance shall mean the “City” under this section; “Chisago County Board” or “County Board” shall mean the “City Council”; and the term “county fee schedule” shall mean the “City Fee Schedule”.

(C) More restrictive provisions. In the event of a discrepancy between the provisions of this chapter and the provisions of the state rules or the county ordinance, the more restrictive provisions shall control.

(D) Midsized Subsurface Sewage Treatment Systems (MSTS) and any system requiring an SDS permit from the state, as defined and allowed under the state rules and the county ordinance, are hereby prohibited in the city.

(E) Amendments to county ordinance. The following provisions of the county ordinance are amended as follows.

(1) Section 2, Purpose, is hereby amended to delete reference to midsize MSTS systems.

(2) Section 3, Authority, is hereby amended to delete reference to Minn. Rules Chapter 7081.

(3) Section 4, Definitions and Acronyms, is hereby amended as follows.

(a) The definition of “As-Built Drawing” is hereby amended to read in its entirety as follows:

AS-BUILT DRAWING. A set of drawings, completed on a form provided by the County, which documents the final in-place location identified with a minimum of two (2) measurements from permanent structures, size, and type of all SSTS components including the type and result of any testing performed during construction of the system.

(b) The definition of MANAGEMENT PLAN is hereby amended to delete reference to MSTS.

(c) The definition of OTHER ESTABLISHMENT is hereby deleted.

(d) The definition of (SSTS) SUBSURFACE SEWAGE TREATMENT SYSTEM is hereby amended to delete reference to “or a midsized subsurface sewage treatment system as defined in 7081.0020, subpart 4".

(e) The definition of HOLDING TANK is hereby added as defined in Minn. Rules Chapter 7080.2290;

(4) Section 6.06, A, is hereby amended to read as follows: “Property owners who wish to construct an SSTS to treat wastewater generated by their own dwelling or seasonal residence are not exempt from the licensing requirement.”

(5) Section 6.08 is hereby vacated and amended to read as follows:

A. Mandatory maintenance required. The city hereby establishes a plan for review of each on-site sewage system within the city over a period of 3 years beginning in 2009.

1. The Plan. Pursuant to the established plan, the city shall mail a maintenance report form by April 1 of each year to properties containing on-site sewage disposal systems due to have maintenance checks. All systems shall have maintenance checks triennially. Those on-site sewage disposal systems found to have permitted, through misuse or abuse, sludge and/or scum to exit past the last septic tanks outlet baffle shall have biennial maintenance checks until such time that it has been demonstrated that such misuse or abuse has been abated.

a. Each property owner receiving a maintenance report form shall at his or her sole expense, provide for the pumping and maintenance of the system. The completed maintenance report form and an administrative fee as established by ordinance shall be returned to the city by October 1 of the same year.

b. The above-described system maintenance shall include, but not be limited to, pumping and cleaning of the septic tank, evaluation of the condition of the tank, baffles, and system, and an examination of the drain field for evidence of system failure.

c. Evaluation of the on-site septic tank and system shall be made by a registered inspector or pumper. A listing of registered inspectors and pumpers are available from the MPCA and shall also be available from the city.

d. In the event a property owner fails to complete the maintenance report form and return, it to the city as required herein, the city shall contract for the property owner’s septic system to be pumped, cleaned and evaluated and all costs associated thereto shall be assessed against each property as outlined in M.S. §§ 429.101 et seq.

e. Upon evaluation, if the system is found to be an imminent threat to public health, the owner of the property shall have the system pumped and repaired or replaced pursuant to the requirements of this section.

f. Any on-site inspection conducted by the city shall be invoiced to the property owner in an amount established by ordinance.

g. Pursuant to M.S. § 429.101, the City Council hereby authorizes the city staff to certify any unpaid costs or charges imposed pursuant to this section, to the County Auditor for collection as other taxes.

(6) Section 6.09 is hereby added to read as follows:

6.09 Effluent Treatment Filters

A commercial effluent filter, such as a Polylox PL-525, or a commercial effluent filter of similar quality as approved by the city, equipped with an automatic shut off system and alarm system shall be installed in all newly constructed SSTS.

(7) Section 7.01 is amended to delete reference to Minn. Rules Chapter 7081.

(8) Section 7.02, G, is hereby vacated and amended to read as follows:

G. Each site evaluation submitted for approval in support of a permit application shall include 4 soil profile assessments and 2 percolation test per site. Soil profile assessments conducted in frozen soil conditions shall not be accepted in support of an SSTS Permit application.

(9) Section 8.01, A, is hereby amended to delete reference to Minn. Rules Chapter 7081.

(10) Section 8.04, A, is hereby amended to correct the reference in the county ordinance to Section 7.02, H, to read “Section 7.02, G”.

(11) Section 8.06 is hereby amended to provide that the applicant may appeal to the city pursuant to the city Zoning Code.

(12) Section 8.08 is hereby amended to require a renewal fee pursuant to the City Fee Schedule.

(13) Section 8.10 is hereby amended to require re-inspection fee pursuant to the City Fee Schedule.

(14) Section 10.01 is hereby amended to delete reference to MSTS.

(15) Section 12.04, C.2.a., is hereby vacated and amended to read as follows:

a. Systems determined to be an imminent health threat to public health and safety shall be upgraded, replaced, repaired, or the use discontinued, within sixty (60) days of Notice of Noncompliance from the Department. In the event a system is determined to be an imminent health threat to public health and safety during at a time when seasonal road restrictions are in effect and prohibit access to a property, and no relief from such road restrictions is granted by the road authority after application, then the system shall be upgraded, replaced, repaired or discontinued on or before May 15th. During such period of road restrictions, the non-compliant system shall be abated through pumping to eliminate the imminent health threat to public health and safety, or converting the existing tank to a temporary holding tank until the system can be upgraded, replaced, repaired or use discontinued.

(16) Section 12.04, D, is hereby vacated and amended to read as follows:

D. Point of Sale - Transfer of Properties with Existing SSTS

No owner of a property served by an SSTS located in the City shall transfer such property by conveyance or contract for conveyance without providing for an inspection of the septic system by a Qualified Employee of the Department, prior to the time of sale. The owner of the property must disclose in writing, to the buyer, all known information about the status and location of any SSTS on the property.

1. Time of sale shall mean the date of full execution of a written purchase agreement, or, in the absence of a fully executed purchase agreement, the date of full execution of a contract, or the date of full execution of any document providing for the conveyance by deed or contract, whichever occurs first.

2. If the seller fails to provide a Certificate of Compliance issued by the City, buyer and seller shall arrange for deposit of sufficient security in the form of an escrow agreement in a form approved by the City to assure the installation of a complying SSTS.

a) This escrow procedure, along with a signed Affidavit of Understanding with the City may be used to allow for a transfer of property to occur during winter months, until such time conditions allow for the inspection to be performed.

(17) Section 12.04, E, is hereby established to read as follows:

(F) Mandatory connection to city sewer and city water. In the event that either an SSTS or a private well fails to pass inspection, and city sewer and city water are located within 150 feet of the boundary line of the property on which the facility using the water or connection to city wastewater sewer system is located, then the property owner shall be required to connect to city sewer and city water within 90 days of notice of the failure. No permits shall be issued for construction of a new SSTS, or expansion of existing SSTS, for use on property if public sewer is available under the provisions of § 52.55.

(18) Section 12.05 is vacated and hereby amended to read as follows:

12.05 Certificate of Compliance

The Certificate of Compliance must include a certified statement by a Qualified Employee indicating whether the SSTS is in compliance with the Ordinance requirements. If the SSTS is determined noncompliant with the applicable requirements, a Notice of Noncompliance must include a statement specifying those Ordinance provisions with which the SSTS does not comply. An SSTS Permit application must be submitted to the City if the required corrective action is not a minor repair.

All property owners who are required to provide a Certificate of Compliance shall also provide to the City the results of a current test of the property’s well water for fecal coliform and nitrates. The purpose of the water test is to develop a database of the condition of the City’s well water resources.

The City shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner’s agent within 15 days of the determination by the Qualified Employee.

(19) Section 13.01 is hereby amended to delete reference to “7081".

(20) Section 15.04 is hereby amended to provide that the City Attorney shall have the authority to commence civil actions.

(21) Section 16, Costs and Reimbursements, is hereby vacated and amended to read as follows:

(A) If the City is required to take any action to enforcement the provisions of this Chapter, the City may recover all costs incurred in such action, including attorneys fees and court costs, and the same may be assessed against the property pursuant to Section 95.08 of the City Code.

(22) Section 17.03, A & B, are hereby amended to provide that variance requests and administrative appeals shall be reviewed pursuant to the city zoning code.

(23) Section 17.03, C, is hereby amended to delete reference to Chapter 7081.

(Ord. 2011-7-1, passed 7-12-2011)