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ORD 92-27CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 92-27 (Amending 91-24) SEWAGE DISPOSAL ORDINANCE THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS AS FOLLOWS: 1 General Provisions. 1.1 Scope: This Ordinance shall apply to all operative, on- site sewage disposal systems in the City of Otsego as of the effective date of this Ordinance and to all subsequently constructed sewage disposal systems. Sewer installation shall be regulated by all requirements of this section. All individual sewage disposal systems installed subsequent to the adoption of this ordinance and all alterations, extensions and repairs to individual sewage disposal systems, irrespective of the date of original installation, shall be regulated in accordance with all of the requirements of this Section. Any individual sewage disposal system or pertinent part thereof, regardless of the date or original installation, which is not located, constructed or installed in accordance with this Section shall be so relocated, reconstructed or reinstalled as to comply with the requirement of said Subdivision. 1.2 Adoption by Reference: Minnesota Rules, Chapter 7080, Minnesota Pollution Control Agency, Water Quality Division, Individual Sewage Treatment Systems Standards (hereinafter referred to as Chapter 7080) and all subsequent amendments shall be adopted as if set forth in full herein. The design of sewage treatment and disposal systems shall comply with the minimum standards set forth in Chapter 7080 and in Minnesota Rules, Chapter 6105, Wild, Scenic, and Recreational Rivers (hereinafter referred to as Chapter 6105) as both may be amended. Where said standards conflict with the provisions of this Ordinance, the stricter standard shall apply. 1.3 Amendments to Chapter 7080.0020: The following changes or additions to the definitions contained in Chapter 7080.0020 shall apply: 1.3.1 Soil characteristics, limiting: means those soil characteristics which preclude the installation of a standard system, including but not limited to, evidence of water table or bedrock closer than three (3) feet to the ground surface, and percolation rates faster than one-tenth (1/10) or slower than sixty (60) minutes per inch. 1.3.2 Soil treatment system: means a system whereby 2 sewage tank effluent is treated and disposed of below the ground surface by filtration and percolation through the soil, and includes those systems commonly known as seepage beds, trenches, drainfields, disposal fields, and mounds. 1.3.3 Building Inspector: the City of Otsego Building Inspector, an authorized agent of that officer or another city employee appointed by resolution of the City Council. 1.3.4 City Clerk: the City Clerk or that official's deputy or any other city employee appointed by resolution of the City Council to conduct the stated activity or take the stated action. 1.3.5 Type 4 inland deep, fresh marsh: soil covered with six (6) inches to three (3) feet or more of water during growing season. Vegetation includes cattails, reeds, bulrushes, and wild rice. Open Water areas may contain pond weeds, naiads, coontail, water milfoils, and other submergent aquatic vegetation. 2 Standard On -Site System Location and Design. 2.1 Site and Location: 2.1.1 Location: Location and installation of the individual sewage disposal system and each part thereof shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance nor endanger the safety of any domestic water supply or pollute public waters. Site locations for standard individual systems shall be reviewed and approved by the Building Inspector. 2.1.2 Site evaluation: All proposed sites for individual sewage disposal systems shall be evaluated by a Minnesota Pollution Control Agency certified site evaluator. Percolation tests, soil tests, and test borings shall be conducted by certified site evaluators and data from these tests shall be submitted to the Building Inspector for approval prior to issuance of a sewage disposal and/or building permit. 2.2 Design: 2.2.1 Anticipation of needs: Where the construction of additional bedrooms, the installation of 3 mechanical equipment or other factors likely to affect the operation of the system can be reasonably anticipated, the installation of a system adequate for such anticipated need shall be required. 2.2.2 Components of standard disposal system: The standard system shall be installed as defined in Rule 7080. Where unusual conditions exist, other systems of disposal may be employed, provided that they comply with all other provisions of this Ordinance. 2.2.3 Certification of designers: The sewage disposal system must be designed by a designer who has been certified by the Minnesota Pollution Control Agency. 2.3 Shallow Ground Water Areas: In areas of shallow ground water, the actual depth of the water table shall be accurately determined and reported to the Building Inspector. No soil absorption system shall be installed in an area where the water table reaches any drainfield trench. Soil absorption systems installed in areas where impermeable layers are found at depths of less than six and one-half (6 1/2) feet shall be considered to be a special design. 2.4 Standard On -Site System Prohibition: Standard on-site sewer systems shall be prohibited within the following locations: 2.4.1 Problem areas: areas where problems are likely to occur because of pedologic, geologic or hydrologic characteristics; 2.4.2 Wet areas: low, swampy areas or areas subject to recurrent flooding; 2.4.3 Known shallow groundwater; areas where the highest known ground water table, bedrock or impervious soil consolidations are within three (3) feet of the bottom of a system. 2.5 Drainf ields : 2.5.1 Location: Location of the soil absorption system shall be in an unobstructed and preferably unshaded area. The bottom of the trenches and basin of the final disposal area shall not be less than three (3) feet above the highest known or calculated water table. 2.5.2 Setbacks: The distances given below shall be 4 the minimum separation between the drain field and the following: Any water supply well, or buried water suction pipe: fifty (50) feet. Lakes and streams, measured from the normal ordinary high water mark as follows: One hundred fifty (150) feet from any body of water listed in the Department of Natural Resources inventory as "protected waters and wetlands". One hundred fifty (150) feet from a Type 4 Inland Deep Fresh Marsh. One hundred fifty (150) feet from Natural Environment Lakes and Steams, and Remote River Segments. One hundred (100) feet from Transition River Segments. Seventy-five (75) feet from Recreational Development Lakes and Streams and the Mississippi River. Seventy-five (75) feet from Agricultural River Segments and Urban and Tributary River Segments. Fifty (50) feet from General Development Lakes and Streams. Occupied buildings: twenty (20) feet. Large trees: ten (10) feet. Property lines: ten (10) feet. Buried pipe distributing water under pressure: twenty (20) feet. Subsurface drainage systems such as field tile lines: fifty (50) feet. Surface drainage systems such as open ditches: thirty (30) feet. Shallow wells: Wells less than fifty (50) feet in depth and not encountering at least ten (10) feet of impervious material shall be located at least one hundred fifty (150) feet from cesspools, leaching pits, or dry wells and at least one hundred (100) feet from a subsurface or E mound disposal field. 2.6 Discharge of Sewage: Raw sewage, septic tank effluent, or seepage from a soil absorption system shall not be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock formation, the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground which does not comply with the requirements of this subdivision. The requirement shall not apply to the disposal of sewage in accordance with a process approved by the State Department of Health or the Minnesota Pollution Control Agency. 2.7 Driving Over System Prohibited: Bulldozers, motorized vehicles or other heavy machinery shall not be driven over the system after installation. Alternative systems: 3.1 Holding Tanks Prohibited: 3.1.1 Prohibition of use in new construction: Holding tanks shall not be utilized as sanitary system for new construction, but only as corrective action for sewage disposal for pre-existing uses when standard treatment systems cannot be practically installed. 3.1.2 Variances: Regardless of any other section of this ordinance, it shall be within the discretion of the City Council to grant a temporary variance from the above prohibition where conditions require the short term use of a holding tank as an individual sewage disposal system. 3.1.3 Undeveloped lots of record on which a holding tank is the only practical means of sewage disposal may be declared "unsuitable for residential use" by the City Council. Holding tanks shall not be installed on undeveloped lots of record for recreational uses unless the lot has been found to be suitable for residential use. 3.2 Alternative Systems: Alternative on-site sewer systems may be permitted in the City of Otsego in accordance with Minnesota Rules Chapter 7080. All plans for alternative systems shall be reviewed by the City Engineer. In the review of plans for an alternative on-site sewer system the City Engineer may impose additional conditions for approval of the permit, in accordance with the policies and guidelines of the Minnesota Pollution Control Agency, 11 as may be deemed necessary for the protection of the natural environment and the public health, safety and welfare. Mandatory maintenance provisions for the alternative systems may be placed upon the permit for approval by the City Engineer or the Building Inspector. 4 Setbacks and Placement of Building Sewers: 4.1 Distance Prom water Wells and Water Lines: No buried or concealed portion of building sewer, or building drain, or branch thereof, serving any establishment shall be located less than twenty (20) feet from any water -supply well or buried water suction line. 4.2 Building Sewer Pipe: The building sewer pipe shall be supported in such manner so that there is no deflection during the backfilling and subsequent settling of the soil between the building foundation and the inlet to the septic tank. 4.3 Construction of Sewer Line: Construction of the line shall include water -tight, obstruction free joints and shall provide a grade of not less than 1/8 inch per foot for minimum grades as recommended by the State Pollution Control Agency. The ten (10) feet of sewer immediately preceding the septic tank shall not slope more than 1/4 inch per foot. No right angle (900) turns shall be permitted in any sewer line and where the direction of the sewer is changed in excess of 22 1/20 at any single point accessible cleanouts shall be provided. Sewer pipe lines, manholes and other appurtenances shall be constructed in accordance with the State Plumbing Code and State Pollution Control Agency requirements. 5 User Permits: 5.1 Permits Required: No person, firm or corporation shall install, alter, do repairs costing over $100.00 or extend any individual sewage disposal system in the City without first obtaining a permit therefore from the City for the specific installation, alteration, repair or extension. Fees shall be set by resolution of the City Council and paid by the applicant for the final permit. Such permit shall be valid only for construction taking place within a period of six (6) months from the date of issue of the permit. This permit requirement does not apply to measuring or pumping performed as system maintenance as required by this ordinance. 5.2 Permit Not a Guaranty of Operation: Neither the issuance of a permit nor the inspection of a system shall constitute any warranty or guarantee of operation of the system. 7 5.3 Application Requirements: Each application shall be presented as follows and contain all of the following information: 5.3.1 Application form: Applications for permits shall be made on printed blanks or forms furnished by the City. The application shall be signed by the applicant and shall be submitted to the City Clerk. 5.3.2 Legal description and name of installer: Each application for a permit shall contain the correct legal description of the property on which the proposed installation, alteration, repair, or extension is to take place. The application shall also have the name of the person, firm or corporation who is to install the system. 5.3.3 Site plan: Each application for a permit shall be accompanied by two (2) copies of an accurate and to -scale site plan, said plan to be prepared at the discretion of the Building Inspector by a Registered Professional Engineer or Public Surveyor and showing, in any event: 1) the location of any proposed or existing buildings on the subject property; 2) the boundary lines of the property; 3) the location of water supply facilities; 4) the location and ordinary high water mark of streams, lakes and ponds within one hundred fifty (150) feet of the proposed structure; 5) all legal setback requirements from existing and proposed buildings, property lines, sewage tanks, soil treatment systems, water supply wells, and buried pipes and utility lines; 6) the existence of low lands, local surface depressions, and rock outcrops; 7) topographic contours at two (2) foot intervals; 8) the location of all soil treatment systems and water supply wells on adjoining lots within one hundred fifty (150) feet of the proposed soil treatment system. 5.3.4 Conditions data: Each application for a permit shall also include information on: 1) soil and subsurface evaluation based upon borings and percolation tests and conducted in accordance with the procedures established in Chapter 7080; 2) depth to the highest known or calculated ground water table or bedrock; 3) surface water flooding probability for a 100 year storm. 8 5.3.5 System design data: Each application for a permit shall include a complete plan showing the design, size and location of all parts of the individual sewage disposal system, and which provides design certification as to the adequacy of the location and design for the proposed system in relation to the requirements contained herein. 5.3.6 Simultaneous application for a building permit and individual sewage disposal system: Where simultaneous application is made for a building permit for a structure to be built and a sewage disposal system, the design for the sewage disposal system shall be approved prior to the issuance of a building permit for the structure. 5.3.7 Other data: The applicant shall be required to submit any other data requested by the City Engineer, Building inspector, City Clerk or by other regulations or ordinances applicable to individual sewage disposal systems in the City of Otsego. 5.4 Permit Application Procedures: 5.4.1 Submission: The applicant shall provide to the City Clerk two (2) copies of all materials and information as required by this Ordinance and all additional material as may be required in other state, federal or special district rules, regulations and ordinances. 5.4.2 Referral to staff: Upon payment of the permit fee by the applicant the City Clerk shall forward to the Building Inspector or City Engineer, as appropriate, a copy of all plans, materials and information concerning the proposed installation, alteration or extension of the individual sewage disposal system. The Building Inspector or City Engineer, as appropriate, shall respond within five (5) working days after receipt of said information where it is determined that sufficient information has not been submitted by the applicant in accordance with the permit application requirements. 5.4.3 Technical review for standard individual systems: The Building Inspector shall review all required information to determine compliance for the proposed installation, alteration, or extension of any individual sewage disposal system as required by this Ordinance. The Building Inspector may, in that officials sole discretion, refer any design to the City Engineer for review and comment. The Building Inspector shall make a recommendation to the City Clerk within f if teen (15 ) days after the Building Inspector receives all required information or, where appropriate, a statement of approval of the system design from the City Engineer. Failure on the part of the applicant to supply information as mandated in this Ordinance shall constitute grounds for denial of the permit. 5.4.4 Technical review for alternative systems: The City Engineer shall review all required information on alternative systems to determine compliance for the proposed installation, alteration, or extension of any individual sewage disposal system as required by this Ordinance. The City Engineer shall make a recommendation to the City Clerk within fifteen (15) days after the City Engineer receives all required information. Failure on the part of the applicant to supply information as mandated in this Ordinance shall constitute grounds for denial of the permit. 5.4.5 Technical review for commercial, industrial or group systems: The City Engineer shall review all required information for on-site sewage disposal systems for commercial and industrial buildings, residential clusters, and any group systems other than a single residence to determine compliance for the proposed installation, alteration, or extension of any disposal system as required by this Ordinance. The engineer may request additional information on any proposed system that is adjacent to environmentally sensitive areas such as wetlands, rivers, ponds, lakes, and other environmentally sensitive areas. Failure on the part of the applicant to supply information as mandated in this Ordinance or requested by the City Engineer shall constitute grounds for denial of the permit. 5.4.6 Inspector's Right to Reject Application: The Building Inspector shall have the right to 10 reject an application to construct an individual sewage disposal system on premises where the construction cannot meet the requirements of this Ordinance. 5.4.7 Affirmative Recommendation: Upon a recommendation by the Building Inspector constituting full approval of the permit application, the City Clerk shall issue said permit for the construction, alteration or expansion of the individual sewage disposal system. 5.4.8 Negative Recommendation: If the Building Inspector recommends denial of the permit, no permit shall be issued. A written statement by the Building Inspector explaining the reasons for denial of the permit shall be provided with the recommendation and forwarded by the City Clerk to the applicant. The applicant may reapply for a permit or make an appeal to before the City Council. 5.5 Public Buildings: No system of sewage disposal for a public building shall be installed, materially altered or extended by any person, firm or corporation until complete plans and specifications for the sewage disposal installation or alteration have been made, together with such other information as may be required by the Building Inspector, all in duplicate, and the approval of said plans and specifications has been secured from the Department of Health and the Minnesota Pollution Control Agency. Public or municipal collection and treatment facilities must be -used where available and feasible. Where municipal public sanitary sewer is not available, the City Council may, by Resolution, grant a franchise for such sewers to serve all properties in the area where a complete and adequate community sanitary sewer system and plant are submitted to and approved by the City Council and the Minnesota Department of Health before construction. 6 Installer and Pumper -Hauler Licenses: 6.1 License Required: No person, firm or corporation shall engage in the business of, perform, or perform for others the service of installing, renovating, repairing, pumping and cleaning sewage or in any way removing any sewage from any disposal systems within the City of Otsego without first obtaining an installer or pumper -hauler license. 6.2 Authorized Activities: 11 6.2.1 Installer license: Installer licensees shall be authorized to construct, install, renovate, repair, pump, clean and otherwise maintain sewage disposal systems, as well as conduct the site evaluation and soil boring and percolation tests described in Minnesota Rules Section 7080.0110. 6.2.2 Pumper -Hauler License: Pumper -hauler licensees shall be authorized to measure, pump and clean sewage disposal systems. 6.3 Application Requirements: Each application shall be presented as follows: 6.3.1 Form of application: A person desiring to obtain an installer's or pumper-hauler's license shall submit an application to the City Clerk in letter form. The application shall contain all of the following information. 6.3.2 Name of applicant: name, address and telephone number of the applicant and any other person, certified by the Minnesota Pollution Control Agency, authorized to do business under the applicants name and license. 6.3.3 Form of business organization: The applicants form of business organization, i.e., Minnesota Business Corporation, Partnership, Sole Proprietorship. 6.3.4 Certification of applicant: The applicants authorization to conduct such services, education, training and certification by the Minnesota Pollution Control Agency, and experience with respect to such services. The applicant must be an installer or pumper certified by the Minnesota Pollution Control Agency. 6.3.5 Number of employees: The number of persons employed in performing such services. 6.3.6 Vehicle license: The license number of any vehicle to be used in the pumping and hauling of sewage and a list of the equipment installed on said vehicle; 6.3.7 Liability insurance: An insurance policy or policies against liability for wrongful death 12 or personal injury in the amounts of at least two hundred thousand dollars ($200,000.00) per person and six hundred thousand dollars ($600,000.00) per accident, and against liability for property damage in the sum of at least fifty thousand dollars ($50,000.00). Such policy or policies shall provide that it may not be cancelled by the insurer except upon notice to the City. In case of cancellation of such insurance, said license shall be suspended automatically. 6.3.8 Letter of credit: The applicant shall file an irrevocable letter of credit in the amount of $25,000, payable to the City of Otsego and drawn on a financial institution licensed to do business in the State of Minnesota. 6.3.9 Other information: Any other information as may be reasonably required by the City Clerk. 6.4 Knowledge of Ordinance: Prior to the issuance or renewal of a license, the license applicant shall be required to demonstrate a knowledge and understanding of this ordinance. 6.5 Issuance of License: The City Clerk shall issue a license to the applicant upon submission and any necessary verification of the required information. 6.6 Refusal to Issue: The City Clerk may refuse to issue a license to any applicant for reasons relating to the above factors and for other good cause. 6.7 Fees and Licensing Period: Fees and licensing period shall be as follows: 6.7.1 Fees: Fees for said license shall be established by resolution by the City Council on a per vehicle per year basis or fractional part thereof. 6.7.2 Licensing period: Licenses shall expire on the December 31 next following the date when they became effective. 6.8 Renewal: Upon application to the City Clerk within 30 days of the expiration date and presentment of a statement of continuing ability to conduct business, certification of continuing insurance coverage and evidence of the current status of the applicants certification with the Minnesota Pollution Control Agency the license shall be renewed. The fee for renewal shall 13 be set by resolution of the City Council. 6.9 Vehicle Registration Requirements: All licensees performing any sewage pumping and hauling shall be subject to the following vehicle and equipment registration requirements: 6.9.1 Vehicle registration: The license required by this Section shall constitute registration of the vehicle so licensed and of the tanks, containers, and equipment to be used therewith. No other vehicle, tank or equipment may be used without first obtaining written approval of the same from the Building Inspector. 6.9.2 Vehicle designation: The name of the licensee or the registered trade name shall be printed in plain block letters, at least two inches in height, on each side of the cab of each vehicle and the City license number shall be displayed in a conspicuous place on or inside of the cab of such vehicle. 6.10 Reporting: Any licensee performing maintenance or pumping and removal of sewage from an on-site system within the City shall report such activity on a bi- monthly basis to the City Clerk, including the date, location, owner, description of work performed or approximate volume pumped and location of sewage disposal. 6.11 Notice to Customers: As a condition of maintaining the Installer or Pumper -Hauler License the licensee shall provide the following notices to property owners on whose property they perform any required maintenance. 6.11.1 Requirement for maintenance: The license shall inform the property owner of the requirement for measuring or pumping every two calendar years. 6.11.2 Maintenance due: No s no later than 23 required maintenance any property within licensee shall provide owner of the date maintenance and the da maintenance. ooner than 18 months and months after the last procedure performed on the City of Otsego a notice to the property of the last required to for the next required 6.12 Property Right: The City of Otsego Installer or Pumper - Hauler License does not constitute a property right vested in the licensee and the granting of said license 14 does not guarantee renewal or limit the City's right to revoke the License at any time for cause. 6.13 Revocation of License: 6.13.1 Revocation procedure: Before revoking or refusing to renew a license, the City Clerk shall notify the licensee of the proposed action describing the cause and stating that a hearing shall be held before the City Council if requested by the licensee prior to formal action by the City Clerk. 6.13.2 Grounds for revocation: Licenses may be revoked or refused renewal for cause including, but not limited to: 1) practice(s) or installation(s) which are in violation of any provision of this Ordinance or of any system permit issued pursuant hereto; 2) refusal on the part of the licensee to correct defective work on a sewage disposal system which is installed or constructed within the City. 7 Sewage Removal and Discharge: 7.1 Prohibition of Unregulated Discharge: No licensee shall discharge the contents of any privy, privy box, vault, sink, septic tank or cesspool anywhere in the City or into any other outdoor sewer installation or at any dump or any sanitary landfill, except at the locations approved by the Minnesota Pollution Control Agency, under the terms and conditions set forth herein and in accordance with this Section of this Ordinance. 7.2 Transporting Sewage: No part of the contents of any such sanitary sewage facility shall be transported into the City, nor shall the contents of any such facility be transported within or through the City unless it is removed and transported by means of an air -tight apparatus, pneumatic or otherwise, so as to prevent the contents from being agitated or exposed to open air in the process of removal or transportation. 7.3 Tanks: Any tank, vehicle or other apparatus used in transporting the contents from any such facility must be maintained and operated in such a manner as to avoid the emission of offensive fumes or the spilling or loss of any unsanitary or offensive substance. 7.4 Vehicle Left Standing: No person shall cause or permit any vehicle. used for scavenger hauling to stand or remain at or near any public building or residence or upon any street, highway or other public place for any longer time than is actually required in the loading, conveying and unloading thereof. 7.5 Unloading: The unloading of the contents from any such vehicle at the designed locations shall be conducted between the hours of eight o'clock (8:00) AM and five thirty (5:30) PM, Monday through Friday. 8 Inspection: 8.1 General: The Building Inspector shall make such inspection or inspections as are necessary to determine compliance with this Ordinance. No part of the system shall be covered until it has been inspected and accepted by the Building Inspector. It shall be the responsibility of the permit applicant to notify the Building Inspector that the job is ready for inspection or reinspection, and it shall be the duty of the Building Inspector to make the indicated inspection within twenty- four (24) hours after such notice has been given, with Saturdays, Sundays and legal holidays being exempted from the computation. It shall be the duty of the owner or occupant of the property to give the Building Inspector free access to the property at reasonable times for the purpose of making such inspections. 8.2 As Built Plans: Upon satisfactory completion and final inspection of the system, the installer shall furnish to the City a final description of the system as installed. The description shall include any changes from the original plans and additional information as required as a condition of the permit approval. 8.3 Substandard Improvements: If, upon inspection, the Building Inspector.discovers that any part of the system is not constructed in accordance with the minimum standards provided in this Ordinance, he shall give the applicant written notification describing the defects. If at any time during the construction, installation, alteration, repair or maintenance of an on site sewer system, it is determined that performance is occurring in violation of the requirements of the Ordinance, the Building Inspector may issue orders to suspend or revoke permits or stop action. In such cases, no further improvements or work shall be continued until the violation or deficiency is corrected. The applicant shall pay an additional fee for each re -inspection that is necessary, according to the fee requirements established by City Council resolution. 8.4 Inspectors Certificate of Approval, New or Renovated Systems: No sewage disposal system, for which a system permit is required pursuant to this Ordinance, shall be 16 placed or replaced in operation until the Building Inspector has issued a Certificate of Approval governing the subject installation or renovation. Where, on inspection, the Building Inspector discovers that a sewage disposal system has not been installed or renovated in compliance with the provisions contained in this Ordinance or the applicable permit, the Building Inspector shall give the applicant written notification describing the non-compliance. The applicant shall be responsible for correcting and eliminating all defects and non-compliance prior to the issuing of a certificate of approval. 9 Existing Systems: 9.1 City Program to Identify Problem Systems: The City shall initiate a program to identify and correct problems with existing individual sewage disposal systems creating nuisances and/or endangering the public health and/or endangering the safety of any domestic water supply, and/or polluting or contaminating any water of the City or surrounding area. 9.2 Map of Permitted Areas: 9.2.1 Requirements for map: Upon adoption of this Ordinance the City Council shall order the City Clerk, or other City employee appointed by resolution of the City Council, in conjunction with the City Engineer and Building Inspector, to delineate upon a map using U.S. Soil Conservation Service Soil Classes, areas within the City where on-site systems are permitted as temporary and permanent facilities. 9.2.2 Contents of map: Said map shall include, where applicable, identification of areas with a high ground water table, steep slopes and underlying rock close to the ground surface. Areas to be determined to be critical with regard to proper system maintenance and operation shall include, but not limited to, individual sewage disposal systems located within shoreland areas as defined by the Minnesota Department of Natural Resources, areas of substandard lot sizes, areas with concentrations of residential development exceeding densities of four (4) units per forty (40) acres, and other environmentally sensitive areas. 9.3 Problem Areas: 9.3.1 Identification: Problem areas shall be 17 identified based on the physical parameters present on the map, information from the City files on non-scheduled and non -required maintenance or pumping and any other appropriate data. 9.3.2 Posting: Problem ares shall be identified on the map maintained by the City Clerk and any special requirements for such areas shall be defined. 9.3.3 Notice to residents: Written notice of any inspection, maintenance and reporting requirements related to any special area shall be provided to owners of existing individual sewage disposal systems located in these areas. 9.3.4 Notice on permits: Notice of any requirements for individual systems permitted under this Ordinance shall be clearly identified as a part of the permit approval conditions. 9.4 Problem Systems: Where a problem is determined to exist with an individual sewage disposal system, the Building Inspector shall be authorized to conduct an on-site inspection of the property and system in question, as may be deemed reasonably necessary, to determine the extent of the problem and the system deficiencies in relation to the requirements contained in this Ordinance. The City, through its authorized Building Inspector, shall have the right, after obtaining a search warrant if a warrant is demanded, to enter and be admitted to any lands and property in the City for the purpose of this inspection of materials, plumbing work, installation, and fixtures of all kinds used by or in connection with the individual sewage disposal system. 9.5 Notice: The City shall be required to provide the owner and occupant(s) of the premises written notice by certified mail ten (10) days in advance of the inspection for the individual sewage disposal system. 9.6 Correction of Problems, Compliance with Ordinance: Following the inspection and review of an existing individual sewage disposal system determined to be in violation of the requirements contained in this Ordinance and which constitutes a hazard to the public health, safety and welfare as determined by the Minnesota Pollution Control Agency, the owner of such system shall be required to comply with one of the following measures: 9.6.1 Correction of violation: Correct the 18 violations of the existing system by upgrading its installation and operation in accordance with the regulations and provisions contained within this Ordinance; or 9.6.2 Cessation of use: Cease and desist from the use of the individual sewage disposal system. 9.7 Failure to Comply: Failure to comply with these measures within ninety (90) days shall constitute a violation and be subject to the provisions of Section 17 of this Ordinance. The ninety (90) day period shall commence upon receipt of certified written notice by the City Clerk requiring such action with a written copy of the findings of the Minnesota Pollution Control Agency. 9.8 Responsibility for Costs: The responsibility for all direct costs associated with the administration and enforcement of this subsection shall be that of the property owner. The property owner shall reimburse the City for said costs or shall be subject to an assessment against the property in accordance with state law. 10 Removal of Systems: 10.1 Requirement for Removal: Any individual sewage disposal system that is abandoned, non-functional, disconnected, or replaced for any reason shall be removed by a licensed Installer in accordance with this Ordinance. 10.1.1 Prima facie evidence of abandonment, residential systems: It shall be prima facie evidence of abandonment of a residential system when the system is not used for a period of two years or more and is in a state of disrepair that precludes its proper use and functioning. 10.1.2 Prima facie evidence of abandonment, commercial systems: It shall be prima facie evidence of abandonment of a commercial system when the system is no longer in use and further use is not intended or when the system is in a state of disrepair that precludes proper use and functioning. 10.2 Procedure for Removal: Removal of any individual sewage disposal system shall be performed in accordance with the process outlined in this Subsection. 10.2.1 Filing of notice and plan: Whenever any individual sewage disposal system is to be abandoned or removed.for any reason notice of intent to abandon shall be filed with the City at least 15 days in advance of such 19 abandonment or removal. Said notice shall consist of the proposed date for removal and a plan for removal that meets the requirements of this Section. A minimum of 24 hours prior to the actual removal the Building Inspector shall be notified of the exact date, time and location of the removal. Notice may be filed at the City hall either in person or by mail and shall be accompanied by the inspection fee. 10.2.2 Inspection fee: The fee for inspection of the removal shall be that set by resolution of the City Council for inspection of installation of new systems. 10.2.3 Inspection: Prior to the initiation of any work on the removal the Building Inspector shall visit the site and ensure that all proper precautions and procedures are being implemented. The Building Inspector shall inspect the work site while work is in progress or at the completion of the removal. If the removal is completed to the satisfaction of the Building Inspector, that official shall issue a Certificate of Satisfactory Completion of Removal. Issuance of said Certificate is evidence of the systems removal and serves to remove and satisfy any liability or duty arising under this Ordinance for the system removed. 10.2.4 Removal procedure: The following steps shall be taken in removal of any individual sewage disposal system: 1) pump dry any holding, storage or other type of tank; 2) excavate and remove any holding, storage or other type of tank if said tank is structurally competent and capable of removal without contamination of the excavation site; 3) where said tank is structurally incompetent or of such design that prohibits removal without contaminating the excavation site said tank shall be penetrated and filled with clean, suitable subsoil in such a manner that future subsidence of the graded surface shall be prevented; 4) reserve any topsoil removed from the tank excavation; 5) backfill the tank excavation with subsoil removed from that excavation, supplemented with suitable clean fill if required; 6) spread reserved topsoil 20 over the excavation area; 7) seed with a ground cover compatible with the area; 8) any other steps the Building Inspector or City Engineer may require to protect the health and safety of the public. 10.3 Plan for Removal: The plan for removal shall contain the following at a minimum: 10.3.1 Removal contractor: The name, address and telephone number of the licensed Installer who will be performing the removal. 10.3.2 System description: A description of the system to include the location and area of the drainfield; the location, size and material of any tank and the location and size of all connecting lines, location of distribution box to the extent this information is available. 10.3.3 Existing soil cover: a description of the vegetation present at the site. 10.3.4 Soil types: A description of the soil types in the area surrounding the system. 10.3.5 Debris disposal: The intended method of disposal of any material removed to include any sludge, liquid and debris resulting from the removal. 10.3.6 New soil cover: The type of vegetation that will be used as ground cover after the removal is completed. 10.4 Time for Removal: No individual sewage disposal system shall be abandoned until and unless the structure served is connected to a properly installed system that meets the requirements of this Ordinance or connected to an area wide treatment and disposal system. Abandoned individual sewage disposal systems shall be removed as soon after the abandonment as is physically possible. If a system is abandoned during the period from November 1 through March 31 the removal may be delayed until May 1. it Maintenance: 11.1 General: To insure the safe and efficient operation of individual sewage systems the following maintenance procedures shall be complied with. 11.2 Septic Tank Maintenance: 11.2.1 Measurement: At least once every two years the owner of any septic tank or the owners 21 agent shall arrange for measurement of the depth of sludge and scum in such septic tank by a licensed Installer or Pumper -Hauler or shall perform such measurement. 11.2.2 Filing of results: The results of the measurement shall be filed with the City by the person performing the measurement on a form provided by the City. 11.2.3 Failure of measurement: The septic tank shall be pumped unless it can be shown to meet the requirements of Rule 7080.0130, Subpart 5 (A). 11.2.4 Waiver of measurement requirement: Such requirement for measuring shall be waived for any septic tank which is cleaned as indicated at least once each two calendar years. 11.2.5 Time to pump: Any removal of sludge and scum from the tank shall take place within two (2) weeks following the date of inspection. 11.3 Distribution Box Maintenance: At least once every two years the owner of any system equipped with a distribution box shall arrange for the opening of the distribution box and the removal of any settled solids therein by a licensed Installer or Pumper -Hauler. Any such material removed shall be disposed of to the septic tank or by other means acceptable to the City. 11.4 Seepage Pit Maintenance: At least once between May 1 and June 30 each two years the depth of liquid in each seepage pit shall be measured by a licensed Installer or Pumper -Hauler or by the owner of the system. The results of said measurement shall be filed with the City within 30 days of the actual measurement. When, as a result of such measurement, it is found that the liquid level in the pit is less than one (1) foot below the inlet, a second measurement shall be made eight (8) to twelve (12) hours after the first measurement, during which time no liquid shall be discharged into the seepage pit. If, as a result of the second measurement, it is found that the liquid level in the pit has not lowered at least two (2) feet during the indicated period of time, an acceptable soil absorption system shall be provided within ninety (90) days of the date of inspection. 11.5 Individual System Record Keeping: 11.5.1 Maintained by owner: The owner of every individual sewage disposal system shall be required to maintain a record of all inspection and maintenance activity for the system on a continual and permanent basis. 11.5.2 Filed with the City: The date the maintenance M is performed, the name of the contractor performing the work and the results of any maintenance required by this Ordinance shall be filed with the City as directed in Section 6.10 of this Ordinance. 11.6 Enforcement: Where the owner of an individual sewage system fails to comply with the requirements of this Section, the City may initiate measures for inspection and maintenance of said system. The City Clerk shall notify the owner by certified mail ten (10) days in advance of any action by the City. The owner of said system shall be responsible for all direct costs associated with the City inspection and maintenance. The owner shall reimburse the City for said costs or shall be subject to an assessment against the property in accordance with state law. 11.7 Compliance: Failure to comply, with any required maintenance procedures, as determined by the City Clerk, shall constitute a violation subject to the provisions of Section 17 of this Ordinance. 12 Non -Conforming Uses: No alteration, improvement, or addition which expands or intensifies an existing use with consequent effect upon an individual sewage disposal system or pertinent part thereof, irrespective of the date of installation, which is not located, constructed, installed, or maintained in accordance with the requirements set forth in this Ordinance shall be approved until such time as the existing individual sewage disposal system is so located, reconstructed, reinstalled and maintained as to comply with the requirements set forth in this Ordinance. 13 Administration and Enforcement: 13.1 City Clerk: The City Clerk shall be responsible for the administration and issuance of orders required by this Ordinance. The Clerk shall be empowered to cooperate with local and state personnel in the enforcement of this Ordinance and state regulations, rules and requirements relating to sewage disposal. 13.2 Building Inspector: The Building Inspector shall be responsible for the enforcement of the provisions of this Ordinance, including performance of investigation review, site and system inspection, compliance with Ordinance requirements, permit review and system design analysis on standard systems. The Building Inspector may refer any design to the City Engineer for analysis if, in the Building inspectors discretion, such analysis is required. 23 13.3 Building Inspector Certification: The Building Inspector shall be certified by the Minnesota Pollution Control Agency for the inspection of on-site sewage treatment systems. 13.4 City Engineer: The City Engineer shall be responsible for all permit review and system design analysis on all alternative systems. 13.5 Delegation of Duties: The City Council may delegate all provisions for administration and enforcement activities to other units of government where it is determined that funding and staffing is marginally adequate to insure adherence to the requirements of this Ordinance and all other applicable rules and regulations. 14 City Records: 14.1 system Records: The City Clerk shall be responsible for maintaining permanent records for all individual sewage disposal systems in the City of Otsego. This information shall be organized by property location within the City and shall include the following information: 14.1.1 Plans: All plans and information required for permitting and final description of improvements. 14.1.2 Inspection and maintenance: All required information related to inspection and maintenance activity and the map designating such areas within the City. 14.2 Installation and Maintenance Records: The City Clerk shall maintain a record of reporting of complaints, installations, pumping, inspections and any other maintenance activity for all systems within the City. 14.3 Licensing Records: The City Clerk shall be responsible for maintaining permanent records for all licensing information required by this Ordinance. 14.4 Public Information: The City Clerk shall be responsible for maintaining all other public educational assistance and other information necessary for the administration and enforcement of the provisions of this Ordinance. 15 Future sewer Hook up Provisions: In all new construction, provision shall be made in front of the house for future hookup to a municipal sanitary sewage collection system. 16 Appeals and Variances: 16.1 Appeals: The applicant, permit holder or owner of individual sewage system may appeal any order, 24 requirement, decision or determination made by the City Clerk, Building Inspector or other authorized City representatives in the administration and enforcement of this Ordinance. 16.2 variances: Where existing lot sizes, topography and/or site conditions create a hardship in adhering to provisions of this Ordinance the permit applicant may apply for a variance to these requirements from the City Council. 16.3 Procedures: 16.3.1 Request for appeal/variance: Requests for a variance or appeal shall be filed in writing with the City Clerk. Such application shall be accompanied by two (2) copies of detailed written and graphic materials necessary for the explanation of the request. 16.3.2 Referral to staff: Upon receiving said application, the City Clerk shall refer the application, along with all related information, to the City Building Inspector and City Engineer for reports and recommendations to the City Council. 16.3.3 Hearing: The City Clerk shall schedule a public hearing before the City Council at which all interested parties shall be given an opportunity to be heard. Notice of said hearing, unless otherwise provided herein, shall be submitted to the affected property owner(s) at least fifteen (15) days in advance of said hearing. 16.4 Action of City Council: 16.4.1 Hearing and findings on the record: Upon receiving the reports and recommendations of the City staff, the City Council shall make a recorded finding of fact and impose any condition it considers necessary to protect the public health, safety and welfare. 16.4.2 Granting of appeal/variance: The Council may grant an appeal or variance if it is adequately demonstrated by the applicant that: 1) There are special circumstances or conditions affecting said property such that strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of the applicant's land; and 2) granting the variance will not be detrimental 25 to the public health, safety and welfare or injurious to other property. 16.4.3 Time period to issue decision: The City Council shall decide whether to approve or deny a request for a variance or an appeal within sixty (60) days after the said request is first heard by the Council. 16.4.4 Votes required: A variance of this Ordinance or grant of an appeal shall be by majority vote of the full City Council. 16.4.5 Notice of decision: The City Council shall notify the originator of the appeal or variance request of Council's decision in writing and shall give reasons for any denial of a request for variance or appeal. 16.5 Non-waivable Criteria: The following criteria shall be considered non-waivable with regard to variance requests and shall not be approved by the City Council: 16.5.1 Substandard design or dimensional elements where poor soil characteristics or excessive slope conditions exist. 16.5.2 Any changes or modifications to the design requirements that will result in a discharge of sewage to the ground surface, abandoned wells, bodies of water, into any rock or soil formation the structure of which os not conducive to purification of water by filtration, or into any well, wetland or other excavation in the ground. 17 Violations: Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed the maximum penalty for a misdemeanor prescribed under State law. Each day that any violation is continued shall constitute a separate offense. 18 separability: Should any court of competent jurisdiction adjudge any provision of this ordinance invalid, such judgement shall not affect any other provision of this ordinance not specifically included in such judgement. 19 General Responsibility: This Ordinance shall not relieve or lessen the responsibility or liability of any person owning, operating, controlling, or installing any sewage disposal system, or disposing of bulk sewage for damage to persons or property or any other injury occasioned thereby. The City of w , . 26 Otsego assumes no responsibility for the proper, safe, and efficient functioning and performance of sewage disposal systems installed, renovated, or maintained pursuant to the requirements contained herein. 20 Abrogation and Greater Restriction: It is not intended by this Ordinance to appeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deeds, restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. 21 Effective Date: This Ordinance, inclusive of all sections adopted by reference, shall become effective from and after the date of its publication according to law. Adopted this 27TH day of April , 19 92• CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA t - By OA '00-, Norman Freske, Mayor A EST: ry lerk A Summary of this Ordinance was published in the Elk River Star News on June 17, 1992. CITY OP OTBEaO ,F`' _ COUNTY or wRxaHT BWATZ- or X1Ns1980TA ordinance No. 9'.3-27 An Ordinallao amending the Otsego City Code, Sewagw disposal OrOiimpermeable surface bvio b the ttom of a septic system drainfislce, by altering the allowed depth to groundwater- d i . mps m The City oounail of the city of otsego Ordains: Stu. I. The City of Otsego Seawage Disposal Ordinance is amendwd as follows: A) Amendments to Chapter 7080.0020. Section 1.3.1 Of the City or Otsego sewage Disposal.Ordinanoo is amended to read as follows: 1.3.1 Soil characteristics, limiting: means thoRa soil charactoriatics which preclude the installation of a standard system, including but not limited to, evidence of water table or bedrock' closer than three (3) feat to the ground murfaoe, and percolation rates faster than one-tenth (1/10) or slower than sixty (60) minutes per inch. B) Drainfielda. Snation 2.5.1 of the City of Otsego Sewage Disposal Ordinance is dmesnded toread an follows: Lovat.iusls Looation of the soil absorption system shall be In an usiubestrut teed and preferably unshaded area. The buia.um ut the L-ranchas and basin of the ' final disposal area shall not be lose than three (3) feet above the highest known or calculated water table. Sec. 2. Effective Date. passed this 2Mday of AprIT 1992 by the Otsego City Council. AMENDING ORD #91-24 A ,:1T t japhiftec Perrault, C ty Cler 7 C Y OF OTSEGO: Orman Pre eke, Mayor