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