HomeMy WebLinkAbout2013-008 Council Ordinances1St Reading: 08/1 2/ 1 3
Publication: 0 9/ 03 / 1 3
2nd Reading: 0R/26/1 3
Effective: 1 0/0.3 / 1 3
Council Member Roeser moved for adoption of the following
ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 08-13
AN ORDINANCE AMENDING CHAPTER 403 OF THE LINO LAKES CITY
CODE—INDIVIDUAL SEWAGE TREATMENT SYSTEMS.
The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain:
Section 1. That Chapter 403 of the Lino Lakes City Code is hereby deleted in its
entirety and the following inserted in lieu thereof:
CHAPTER 403: INDIVIDUAL SUBSURFACE SEWAGE TREATMENT
SYSTEMS
Section
403.01 Purpose, Applicability, and Authority
403.02 General Provisions
403.03 Standards Adopted
403.04 Permits
403.05 Violations and Penalties
§ 403.01 PURPOSE, APPLICABILITY, AND AUTHORITY
(1) Purpose. It is the purpose of this Chapter to establish standards for the proper
design, installation, location, construction, operation, use, and maintenance of
Subsurface Sewage Treatment Systems (SSTS) and Individual Subsurface Sewage
Treatment Systems (ISTS) in order to protect the public health, safety, and general
welfare.
(2) Applicability. This Chapter shall apply to those sites or facilities that are licensed,
permitted, or otherwise regulated by the City of Lino Lakes. The sewer provisions
of this Chapter 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.
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(3)
Authority. This Chapter is adopted pursuant to the authorization and requirements
contained in Minnesota Statutes §§ 145A.05, 115.55, and Minnesota
Administrative Rules Chapter 7082.
§ 403.02 GENERAL PROVISIONS
(1) Treatment Required. All sewage generated in unsewered areas shall be treated
and disbursed by an approved SSTS or a system permitted by the Minnesota
Pollution Control Agency.
(2) Administration. This Chapter shall be administered by the City of Lino Lakes
Building Department. The term "Department," where used in this Chapter, shall
mean the City of Lino Lakes Building Department.
(3)
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 Chapter.
(4) Conditions. Violation of any condition imposed by the City on a license, permit,
or variance issued under this Chapter shall be deemed a violation of this Chapter
and subject to the penalty provisions set forth herein.
(5)
Site Evaluation, System Design, Construction, Inspection, and Servicing. Site
evaluation, system design, construction, inspection, and system servicing shall be
performed by Minnesota Pollution Control Agency listed SSTS businesses or
qualified employees of local governments or persons exempt from licensing in
Minnesota Administrative Rule 7083.0700. For lots platted after January 23,
1996, a design shall evaluate and locate space for a minimum of two soil treatment
areas.
(6) 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 provided herein, it shall
be uncovered upon the direction of the Department. The Department shall cause
such inspections as are necessary to determine compliance with this Chapter. 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 written permission from the Department, document
compliance with this Chapter by photographic means that show said compliance
and submit that evidence to the Department prior to final approval being sought.
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(7)
Compliance Inspection and Certificate of Compliance Required. An SSTS
compliance inspection and a Certificate of Compliance are required prior to the
issuance of a building permit:
(a) For a new or replacement SSTS.
(b) When altering an existing structure to add a bedroom.
(c) When a parcel having an existing system undergoes development.
subdivision, or split.
(8) Imminent Public Health and Safety Threat; Failing System; and Surface
Discharge.
(9)
(a) The owner of an SSTS that 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 Chapter in
accordance with a schedule established by the Department, which schedule
shall not exceed ten (10) months.
(b) A failing system, including a SSTS that is not protective of groundwater,
shall be brought into compliance with 24 months after receiving notice
from the Department.
(c) 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.
Septic Tank Maintenance. The owner of a sewage tank, or tanks, shall regularly,
but not less frequently than every three (3) years 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 septage whenever
the top of the sludge layer (a) is less than twelve (12) inches below the bottom of
the outlet baffle or transfer hole, or (b) the bottom of the scum layer is less than
three (3) inches above the bottom of the outlet baffle or transfer hold. Removal of
septage shall include complete removal of scum and sludge. Pumping permits are
required prior to pumping of tank(s)
(10) Non -Complying Systems. Existing systems that are non -complying but are 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.
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(11) Non -Complying Work. New individual sewage treatment system construction that
is non-compliant, or other work on a system that is non -complying, must be
brought into compliance with this Chapter in accordance with a schedule
established by the Department, which schedule shall not exceed seven (7) days
unless the Department finds extenuating circumstances.
(12) 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.
(13) Variances—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 unreasonable infringe on adjacent properties.
(14) Floodplain. An SSTS shall not be located in a floodway or floodplain. Location
within the flood fringe is permitted provided that the design complies with this
Chapter and all of the Rules and Statutes incorporated herein by reference.
(15) Class Vlnjection Wells. All owners of new or replacement SSTS that are
considered to be Class V injection wells, as defined in the Code of Federal
Regulations, title 40, part 144, are required by Federal law to submit SSTS
inventory information to the Environmental Protection Agency.
§ 403.03 STANDARDS ADOPTED
(1) Minnesota Rules Adopted. Minnesota Administrative Rules Chapters 7080 and
7081, that are in effect on the date of passage of this Chapter, relating to
subsurface sewage treatment systems, are hereby adopted by reference and made a
part of this Chapter as if fully set forth herein.
(2) Rules Amended. The Rules, adopted in Section 403.03(1), are amended as
follows:
(3)
(a) Compliance Inspection –1 S Percent Vertical Separation Reduction.
Minnesota Administrative Rule 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.
Holding Tanks. Holding tanks may be allowed for the following applications:
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(a) As replacement to a failing system;
(b) As replacement for an SSTS that poses an imminent threat to public health
and safety; or
(c) For an existing lot in which an SSTS cannot feasibly be installed and the
Department finds extenuating circumstances.
(4) System Abandonment. An SSTS or any component thereof that is no longer
intended to be used must be abandoned in accordance with the adopted standards
of this Chapter.
§ 403.04 PERMITS
(1) Permit Required. No person shall cause or allow the location, construction,
alteration, extension, conversion, modification or pumping of any SSTS without
first obtaining a permit for such work from the Department. No person shall
construct, alter, extend, convert, or modify any structure that is or will utilize a
SSTS without first obtaining a permit.
(a) 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 SSTS
construction on forms provided by the Department and accompanied by
required site and design data, and permit fees.
(b) Permits shall only be issued to the person doing the individual sewage
treatment system construction.
(c) Permit applications for new and replacement SSTS shall include a
management plan for the owner that includes a schedule for septic tank
maintenance.
(d) 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.
(2) 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 require operational oversight.
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(a) Application. Application for an operating permit shall be made on a form
provided by the Department.
(b) Holding Tanks. The owner of holding tanks installed after the effective
date of this Chapter shall provide the Department with a copy of a contract
with a licensed sewage maintenance business for monitoring and removal
of holding tank contents.
§ 403.05 VIOLATIONS AND PENALTIES
(1) Misdemeanor. Any person who fails to comply with the provisions of this Chapter
shall be guilty of a misdemeanor. A separate offense shall be deemed committed
upon each day during on which a violation occurs or continues.
(2) Civil Action/Injunctive Relief. In the event of a violation or a threat of violation of
this Chapter, the Department may institute appropriate civil or administration
actions or proceedings, include actions seeking damaged, declaratory relief, or
injunctive relief to prevent, restrain, correct, or abate such violations or threatened
violations, and the City Attorney is authorized to institute such action.
Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect
from and after its passage and publication according to the L • • _ . kes Ci arter.
Jeff Reinert, ay
`Atte : Julianne Ba ell, City Clerk
Adopted by the Lino Lakes City Council this 26th day of August , 2013
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Rafferty and upon a vote being taken thereon, the following voted in favor
thereof:
Roeser, Rafferty, O'Donnell, Stoesz, Reinert
The following voted against same:
none
Whereupon said ordinance was declared duly passed and adopted.
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CITY COUNCIL
AGENDA ITEM 6E
STAFF ORIGINATOR: Michael Grochala
MEETING DATE: August 12, 2013
TOPIC: i. Consider 2nd Reading of Ordinance No. 08-13, Amending
Chapter 403 of City Code — Individual Sewage Treatment
Systems
ii. Consider Resolution No. 13-93, Approving Summary of
Ordinance No. 08-13 for Publication
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to amend Section 403 of City Code related to
Individual Sewage Treatment Systems.
BACKGROUND
City Code Section 403 regulates the permitting, installation and maintenance of Individual
Sewage Treatment Systems also referred to as Subsurface Treatment Systems (SSTS)
otherwise known as septic systems. There are approximately 1,800 systems currently in use
within the City. The State of Minnesota adopted revised requirements for SSTS's in 2011 and
Anoka County completed their update in April of 2013. Accordingly, staff if proposing
revision of this chapter to remain consistent with state and county requirements. Under State
Law the City cannot be less restrictive than the county and state requirements.
The changes in state law were generally intended to address new technology for system design.
The state requirements are adopted by reference in the proposed code. The primary change
locally is regarding the frequency of pumping and/or system inspections. Currently, owners of
SSTS's are required under City Code to have their systems inspected and tanks pumped every
two years. A triennial inspection of the system is allowed for systems meeting certain criteria.
Under the new requirements all systems will require inspection at least every 3 years. Pumping
will only be required when the level of sludge and scum meet certain criteria defined in the
ordinance. This provision will likely reduce the frequency of pumping for most Lino residents.
The City Council approved the 1St reading of the ordinance on August 12, 2013.
RECOMMENDATION
Staff is recommending approval of the 2nd Reading of Ordinance No. 08-13 and Resolution
No. 13-93.
ATTACHMENTS
1. Ordinance No. 08-13
2. Resolution No. 13-93