ORD 99-04CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 9 9 - 4
INDIVIDUAL SEWAGE AND WASTEWATER TREATMENT
ORDINANCE
The City Council of the City of Otsego hereby Ordains as follows:
SUBDIVISION 1. PURPOSE AND INTENT
The purpose of the Sewage and Wastewater treatment Ordinance is to provide
minimum standards for and regulation of individual sewage treatment systems
(ISTS) and septage disposal including the proper location, design, construction,
operation, maintenance and repair to protect surface water and ground water from
contamination by human sewage and waterborne household and commercial
waste; to protect the public's health and safety, to protect the natural environment
and to eliminate or prevent the development of public nuisances. This Ordinance
is adopted pursuant to the authority granted under Minnesota Statutes Chapters
115 and 145A and Minnesota Rules Chapter 7080 pertaining to sewage and
wastewater treatment, as the same may from time to time be amended.
SUBDIVISION 2. DEFINITIONS
2.10 Definitions. For purposes of this Ordinance the following capitalized and
italicized terms and phrases, wherever they appear, have the meanings
indicated:
`Alternative or Experimental System' means an ISTS employing the
methods and devices presented in Minnesota Rules §7080.910.
`Certificate of Compliance' means a document of limited duration issued in
relation to a particular ISTS demonstrating that said ISTS complied with
the provisions of this Ordinance at the time of issuance.
`Certificate of Noncompliance' means a document of issued in relation to a
particular ISTS demonstrating that said ISTS does not comply with the
provisions of this Ordinance.
`City' refers to the City of Otsego, a municipal corporation duly organized
under the law of the State of Minnesota.
`Commissioner' refers to the Commissioner of the Minnesota Pollution
Control Agency.
`Failing System' means any ISTS that discharges sewage to a seepage pit,
cesspool, drywell, or leaching pit and any system with less than three (3)
feet of soil or sand between the bottom of the distribution medium and the
saturated soil level or bedrock.
`Imminent Threat' means situations with the potential to immediately and
adversely impact or threaten public safety or health. At a minimum, ground
surface or surface water discharges and any system causing sewage backup
into a dwelling or other establishment shall constitute an Imminent Threat.
`ISTS' stands for Individual Sewage Treatment System.
`ISTS Permit' refers to a permit required by and issued pursuant to this
Ordinance for the construction, installation, repair, alteration, relocation,
maintenance or pumping of a ISTS.
`ISTS Professional' refers to a person who conducts site evaluations, or
designs, installs, alters, repairs, maintains, pumps, or inspects all or part of
an ISTS and is required to comply with applicable requirements of
Minnesota Rules Chapter 7080 and this Ordinance. An ISTS Professional
must be trained and licensed as required by Minnesota Rules Chapter 7080.
`Notice of Noncompliance' means a document of issued in relation to a
particular ISTS putting an ISTS permit applicant or property owner on
notice that said ISTS does not comply with the provisions of this
Ordinance.
`Standard System' means an ISTS that meets the requirements and
specifications of Minnesota Rule Chapter 7080 and which is not a
Warrantied, Alternative or Experimental System.
`Warrantied System' means an ISTS that has been properly documented to
and accepted by the Commissioner pursuant to Minnesota Statutes § 115.55,
subdivision 8.
2
SUBDIVISION 3. GENERAL PROVISIONS
3.10 Scope and Application. This Ordinance shall apply to all existing and
future individuals sewage treatment systems located within the City of
Otsego.
3.20 Standards Adopted By Reference. The City hereby adopts by reference
Minnesota Rules Parts 7080.0010 to 7080.0315, as the same may from time
to time be amended, relating to minimum technical standards and criteria
for individual sewage treatment systems. Any ISTS constructed and
installed within the City subsequent to the adoption of this Ordinance must
comply with these provisions adopted by reference, unless otherwise
approved as a Warrantied, Alternative or Experimental System pursuant to
Subdivision nine (9) of this Ordinance.
3.30 Permits Required. No person shall construct, install, alter, repair, extend,
or relocate any individual sewage treatment system in the City of Otsego
without first applying for and obtaining a permit as provided in Subdivision
five (5) of this Ordinance. Commercial pumpers operating within the City
must obtain a license from the Building Official. The license shall be
effective for a period of three years from the date of issuance. A fee of
$25.00 will be required for the license. The amount of the fee may be
changed from time to time by Council resolution.
3.40 License Requirements. No person shall engage in the evaluation,
inspection, design, installation, construction, alteration, extension, repair,
maintenance or pumping of on-site individual sewage treatment systems
without first obtaining a license to perform such tasks from the Minnesota
Pollution Control Agency as required by Minnesota Rules §7080.0700
through 7080.0720.
3.50 Additional Soil Treatment Area Required. For all lots created after
January 23, 1996, the ISTS system design shall identify and designated at
least one alternative soil treatment area, in addition to the primary soil
treatment area, which can support a standard soil treatment system.
SUBDIVISION 4. ADMINISTRATION
4.10 Ordinance Administration. The City Clerk, Building Inspector and City
Engineer shall be responsible for the administration of this Ordinance.
4.20 Duties of the Clerk. The City Clerk shall be responsible for the
administration and issuance of orders, permits and notices required by this
3
Ordinance. The Clerk is authorized and directed to cooperate with local
and state officials and personnel in the enforcement of this Ordinance,
Minnesota Rules Chapter 7080 and applicable state laws.
4.30 Duties of the Building Inspector. The Building Inspector shall be
responsible for site and system inspections, investigation of failing systems
and permit review and any other duties necessary to ensure compliance
with the provisions of this Ordinance, Minnesota Rules Chapter 7080 and
applicable state law. The Building Inspector shall be properly licensed by
the MPCA to conduct the foregoing duties as required by Minnesota Rules
Chapter 7080, as the same may from time to time be amended.
4.40 City Engineer Duties. The City Engineer shall be responsible for review
and system design analysis on all Warrantied, Alternative or Experimental
systems approved under subdivision nine (9) of this Ordinance.
SUBDIVISION 5. PERMIT APPLICATION REQUIREMENTS AND
PROCEDURES.
5.10 Application Information. Each permit application required by
section 3.30 above shall be presented as follows and contain all of the
following information:
5.20 Application Form. Applications for permits shall be made on forms
approved and furnished by the City. The application must be signed by the
applicant and shall be submitted to the City Clerk.
5.30 Legal Description, Name and License Data of ISTS Professional. Each
permit application shall contain the legal description of the property for
which the permit is requested. The application shall also disclose the name
of the ISTS Professional who will perform the work for which the permit is
required and provide all license data required by Minnesota Rules
§7080.0700 through 7080.0720.
5.40 Site Plan. Each permit application shall be accompanied by a site plan,
prepared by an ISTS Professional or professional land surveyor, showing
the following, unless such requirements are specifically waived, in whole or
in part, in writing by the City's Building Inspector:
a. the location of any proposed or existing building on the subject
property.
b. the boundary lines of the subject property.
4
C. the location of water supply facilities.
d. the location and ordinary high water mark or any streams, ponds or
lakes located on or within 150 feet of the subject property.
e. that the proposed ISTS meets all setbacks as required by Minnesota
Rules Chapter 7080.
f. topographic contours at two (2) foot intervals. Topographic
contours and elevations shall be drawn to scale on the site plan using
common Engineers scale.
g. the location of any ISTS or wells on adjoining lots within 150 feet of
the subject property.
Each site plan shall be accompanied by a certificate of accuracy from the
ISTS Professional or land surveyor who prepared the site plan.
5.50 System Design Data. Each permit application shall include a complete
design plan showing the size and location of all parts of the ISTS and
provide a design certification from a licensed ISTS Professional as to the
adequacy and location of the ISTS in relation to the requirements imposed
by 7080.
5.60 Other Data. Each permit application shall contain any and all additional
information, as may be required by the City, necessary to show that the
conditions of 7080 will be met.
SUBDIVISION 6. PERMIT APPROVAL PROCEDURES.
6.10 Permits. Permits shall be approved or denied as hereinafter provided in
this subdivision.
6.20 Permit Fees. The City Council shall, by resolution, set the amount of fees
to be collected at the time of application for permits required by this
Ordinance.
6.30 Submission of Application. Permit applications shall be submitted to the
City Clerk, along with the permit fee. The Clerk shall forward all
applications to the Building Inspector. The Building Inspector shall, within
five (5) days, determine whether a submitted application is complete.
Incomplete applications shall be rejected and returned to the applicant
5
along with a written explanation as to why the application has been
rejected.
6.40 Technical Review. Once a complete application is received, the Building
Inspector shall review the application to determine whether it meets the
requirements and standards of this Ordinance and of Minnesota Rules
Chapter 7080. The Building Inspector may, in his or her sole discretion,
submit the permit application to the City Engineer for review, comment
and/ or a determination as to whether the application meets the
requirements of this Ordinance and Minnesota Rule Chapter 7080.
6.50 Approval by Building Inspector. Once a determination is made that the
application meets all applicable requirements, then the application shall be
returned to the City Clerk who shall issue the ISTS permit. The Building
Inspector and/or City Engineer may impose any and all conditions to ensure
compliance with the requirements of state law, Minnesota Rule Chapter
7080 and applicable local ordinance. If it is determined that the application
does not meet the requirements of this Ordinance or Minnesota Rules
Chapter 7080, then the clerk shall give notice to the applicant that the
application has been rejected and state the reasons for such rejection as
provided by the Building Inspector and/ or City Engineer. The decision to
approve or deny the application permit shall occur within ten (10) days of
the Building Inspector's receipt of a complete application.
SUBDIVISION 7. INSPECTIONS
7.10 General Inspection Requirements. The Building Inspector shall make
such ISTS inspections as are necessary to determine compliance with this
Ordinance, Minnesota Rules Chapter 7080 and/ or any conditions contained
in permits issued hereunder. The following events shall trigger an ISTS
compliance inspection:
a. a permit is granted under section 6.50 above.
b. a building permit or variance is granted for the addition of a bedroom on
property served by an ISTS.
c. for all new ISTS construction, or any ISTS replacement, repair,
alteration, maintenance or operation.
d. Granting of request for change in system design or change in permit
conditions.
0
e. the City learns or receives a complaint that a particular ISTS may be a
Failing System or poses an Imminent Threat to public health safety and
welfare.
7.20 Time and Manner of Inspection. Inspections shall be made by the
Building Inspector and/ or City Engineer to ensure compliance with the
requirements of this Ordinance, Minnesota Rules Chapter 7080 and any
permit conditions. Inspections shall be made within seven (7) days of
written notification by any ISTS Permit holder that the ISTS for which the
permit was issued is ready for inspection. No part of the ISTS shall be
covered until it has been inspected and accepted by the Building Inspector
and/ or the City Engineer. It shall be the responsibility of the permit
applicant to notify the Building Inspector in writing that the project is ready
for inspection. Inspections shall be made prior to the issuance of a building
permit or variance for the addition of a bathroom or bedroom on property
served by an ISTS.
7.30 Certificate of Compliance and Notice of Noncompliance. No newly
constructed, installed, altered, repaired, extended or relocated ISTS shall be
placed in operation until it has received a Certificate of Compliance as
hereafter provided. Upon completion of the ISTS inspection as described
in section 7.20 above, the Building Inspector and/ or City Engineer shall
make a determination as to whether or not the ISTS has been constructed,
repaired, extended or relocated in compliance with the requirements of this
Ordinance, Minnesota Rules Chapter 7080 and any permit conditions. If
the ISTS is found to be compliant, then a Certificate of Compliance shall be
issued to the property owner within thirty (30) days of inspection. If,
however, the ISTS is found to be out of compliance, then'a Notice of
Noncompliance shall be issued. The Notice of Noncompliance shall state
which portions of the ISTS are not compliant and shall further state a
reasonable period for the property owner to bring the system into
compliance. Once the necessary changes are made or the period specified
in the Notice of Noncompliance has run, whichever occurs first, then the
ISTS shall be again inspected as provided above. If upon reinspection the
property is not compliant then a Notice of Noncompliance' shall be issued to
the property owner. The Notice of Noncompliance shall state the which
portions of or the manner in which the ISTS is noncomplaint. A copy of
the Certificate of Noncompliance shall be forwarded to the City Attorney
for enforcement as provided in subdivision eleven (11) below.
7.40 Inspection Protocol. In the event that the Building Inspector cannot
complete an inspection or perform all required inspections in a timely
manner, the Building Inspector is authorized and directed to develop and
7
inspection protocol. The inspection protocol shall establish the order and
priority of inspections. For any ISTS required to be inspected for which the
Building Inspector is unable to actually physically inspect the ISTS, the
Building Inspector shall require that evidence of compliance be submitted.
Evidence of compliance includes, but is not limited to, the following:
a. affidavits from the ISTS Professional who performed any construction,
installation, repair, alteration or relocation of the ISTS.
b. video, electronic or photographic images of certain components and/ or
work performed.
c. `As -built' drawings.
d. any other data, as may be required by the Building Inspector in lieu of an
actual inspection, evidencing compliance with this Ordinance, Minnesota
Rules Chapter 7080 and applicable state law.
The Building Inspector shall review such evidence and issue either a
Certificate of Compliance or Notice of Noncompliance accordingly.
7.50 No Warranty or Guarantee of Operation. Neither the issuance of an
ISTS Permit or Certificate of Compliance, nor any inspection of a ISTS
shall constitute any warranty or guarantee that said ISTS will operate or
function properly.
SUBDIVISION 8. NONCOMPLAINT SYSTEMS; FAILING SYSTEMS
AND SYSTEMS POSING AN IMMINENT THREAT
8.10 Modification or Discontinuance Required. If upon inspection an ISTS is
found to be a Noncompliant system, Failing System or a system posing an
Imminent Threat to the natural environment or the public health, safety and
welfare, then the ISTS shall, if possible, either be modified or repaired to
comply with this Ordinance or its use discontinued within the time periods
specified in this subdivision.
8.20 Noncompliant Systems. A noncompliant ISTS shall be properly repaired
or modified or its use discontinued within three (3) years of the issuance of
a Notice of Noncompliance for said system. However, a Certificate of
Compliance issued under this Ordinance for a new system shall be valid for
a period of five (5) years, unless said system is subsequently found to be a
failing system or a system posing an imminent threat to the natural
environment or the public health, safety and welfare.
8
8.30 Failing Septic Systems. A `Notice of Noncompliance' shall be issued and
copies provided to the property owner and to the City within thirty (30)
days after inspection when a failing system is found. A failing ISTS shall
be upgraded, replaced or its use discontinued within the six (6) months of
issuance of the Notice of Noncompliance. In calculating the
aforementioned six (6) month period, the months of November, December,
January, February, March and April shall not be counted.
8.40 ISTS System Posing an Imminent Threat. Any ISTS posing an imminent
threat to the natural environment or public health, safety or welfare shall be
upgraded, replaced or repaired, or its use discontinued, within a reasonable
period of time, not to exceed three (3) months. In calculating the
aforementioned three (3) month period, the months of November,
December, January, February, March and April shall not be counted.
SUBDIVISION 9. WARRANTIED, ALTERNATIVE AND
EXPERIMENTAL SYSTEMS
9.10 Application for Alternative or Experimental Systems. Application for
approval of a Warrantied, Alternative or Experimental system shall be
made in the same manner applying for a ISTS permit as provided in
subdivision five (5) above.
9.20 Review by City Engineer. All applications requesting approval of a
Warrantied, Alternative or Experimental system shall be forwarded to the
City Engineer for a determination of eligibility for approval under this
Ordinance, Minnesota Rules Chapter 7080 and applicable State law. The
City Engineer may require an applicant to submit any additional
information as may be required by the City Engineer to determine
eligibility for possible approval under this subdivision. If the City Engineer
determines, based upon the application materials, that the proposed
Warrantied, Alternative or Experimental system cannot meet the
requirements of Minnesota Rules §7080.910 or this Ordinance, then such
application shall be denied and the City Clerk shall send to notice of such
denial to the applicant.
9.30 Requirements for Approval. To be eligible for possible approval, any
Warrantied, Alternative or Experimental system must meet the
requirements of Minnesota Rules §7080.910. In addition, the applicant
must show that a Standard System cannot be properly constructed on the
subject property and that additional land for a Standard System is
unavailable.
0
9.40 Approval Process. If the City Engineer determines that an alternative or
experimental system application can meet the requirements of Minnesota
Rules §7080.910 and this Ordinance, then such application shall be
forwarded to the City Council for consideration, along with the
recommendation of the City Engineer as to whether or not approval should
be granted. If a Warrantied, Alternative or Experimental system is
approved by the Council, then a `Nonstandard System Approval', in a form
recommended by the City Attorney and approved by the Council, shall be
signed by the City and the Applicant and recorded against the subject
property.
9.50 No Right to Approval. Nothing in this subdivision shall be construed to
guarantee or create in any applicant a right to approval of a Warrantied,
Alternative or Experimental system. The City of Otsego reserves the right
to deny all requests for approval of Warrantied, Alternative or
Experimental systems and to prohibit their construction, regardless of
whether such systems meet the requirements of Minnesota Rules §7080.910
or this Ordinance.
SUBDIVISION 10. RECORD KEEPING
10.10 Required Records. The City Clerk shall keep and maintain records of all
permits applications, permits issued, inspection data, notices of
noncompliance, certificates of compliance, orders, enforcement
proceedings and all other documents generated in the administration and
enforcement of this Ordinance. The storage, maintenance and
dissemination of such records shall occur as prescribed by Minnesota
Statutes Chapter 13, the Minnesota Government Data Practices Act.
10.20 Reports and Filings. The Clerk shall prepare an annual r'.eport, as required
by Minnesota Rules §7080.310, subpart 5, for submission?to the
Commissioner demonstrating enforcement of this Ordinance. The annual
report shall contain information for the calendar year and shall be submitted
to the Commissioner no later than March 1St of the following year. At a
minimum, the annual report shall contain the following information:
a. a copy of the standard permit and inspection forms used by the City.
b. the name and address of the program administrator.
10
c. a listing of all qualified employees and contracted licensees authorized
by the City to perform ISTS inspections and evaluations as required by this
Ordinance.
d. the number of ISTS permits issued.
e. the number and methods of inspections conducted.
f. the number and type of variance issued.
g. the number and type of alternative or experimental systems approved, as
well as the monitoring results of each.
SUBDIVISION 11. ENFORCEMENT
11.10 Violations. Any person who violates any of the provisions of this
Ordinance, fails to obtain any required permits, or who makes any false
statement on a Permit Application or Certificate of Compliance, shall be
guilty of a misdemeanor, punishable by imprisonment or a fine or both as
defined by law.
11.20 Remedies. In the event of a violation of this Ordinance, in addition to any
other remedies available to the City, the City Attorney may institute
appropriate civil and/or criminal actions or proceedings, including seeking
an injunction, to prevent, restrain, correct or abate such Ordinance
violations. In addition, the City may issue stop -work orders and repair
orders at such times and upon such terms and conditions as are necessary to
prevent violations of this Ordinance from occurring or to eliminate existing
Ordinance violations.
SUBDIVISION 12. CONNECTION TO MUNICIPAL SEWER
11
12.10 Connection to Municipal Sewer; When Required. When municipal
sanitary sewer is available a property served by an ISTS shall be required to
discontinue such use and connect to municipal sewer upon the first
occurrence of any of the following events:
a. upon application for an ISTS Permit.
b. When a Notice of Noncompliance is issued in relation to the ISTS
serving the property.
c. Upon the expiration of a Certificate of Compliance.
11
12.20 Cause for Denial; Condition of Approval. The future availability of
municipal sewer, in the City's sole discretion, may be cause for denial of an
ISTS Permit. The issuance of an ISTS Permit may be cor}ditioned upon the
applicant connecting to municipal sewer when it becomes available.
Connection to municipal sewer when available may be an explicit condition
contained in an imposed on any ISTS Permit prior to its approval.
SUBDIVISION 13. REPEALER
13.10 Repealer. Ordinance number 92-27 and Ordinance number 91-24 of the
City of Otsego related to individual sewage treatment systems are hereby
specifically repealed in their entirety.
SUBDIVISION 14. SEVERABILITY
14.10 Severability. Should any subdivision, section, paragraph, sentence or
lesser portion thereof by found invalid by a court of competent jurisdiction,
then such invalid portion shall be severed from this Ordinonce and all
remaining subdivisions, sections paragraphs and sentences contained in this
Ordinance shall be remain in full force and effect.
This ordinance shall be effective upon adoption and publication in the City of
Otsego's official newspaper.
Adopted this 10TH day of May —311999.
In favor:
Mayor Larry Fournier, Virginia Wendel, Vern Heidner, Suzanne
Apposep and Mark Berning Council City of Otsego
No One
May\
arty er
12
City of Otsego
State of Minnesota
County of Wright,
INDIVIDUAL SEWAGE AND WASTEWATER
TREATMENT SYSTEM ORDINANCE
An ordinance authorizing and providing for sewage and wastewater treatment:
establishing minimum standards for and regulation of individual sewage treatment
systems (ISTS) within the corporate limits of the City of Otsego; incorporating by
reference minimum standards and requirements established by Minnesota Statutes and
rules of the Minnesota Pollution Control Agency; requiring permits for installation,
alteration, repair or extension of ISTS in the City; establishing standards for upgrade,
repair, replacement, or discontinuance of use of ISTS; imposing penalties for failure to
comply with these provisions; providing for enforcement of these requirements; and
promoting the health, safety and welfare of the public pursuant to Minnesota Statutes
Chapters 115, 145A, 375, 394, and 471, specifically §§ 115.55, 145A.05, 375.51, 394.21
through 394.37, and 471.82; and in furtherance of State and local policy.
This ordinance summary is adopted this 1 OTH of MAY , 1999.
In favor: Mayor Larry Fournier, Vern Heidner, Virginia Wendel, ,Mark Berning
and Suzanne Ackerman, Council MEmbers
Opposed: No one
Attest- &'
A�
Posted: June 16, 1999 - City Hall
Publish: June 23, 1999 - Elk River
�/�� Star News
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF N104NESOTA
RESOLUTION AUTHORIZING PUBLICATION
OF INDIVIDUAL SEWAGE TREATMENT SYSTEM
ORDINANCE TIME AND SUMMARY
Resolution No. 2 0 0 0 -10
WHEREAS, the Otsego City Council has adopted an ordinance entitled
`Individual Sewage Treatment System Ordinance' as required by law; and
WHEREAS, the above -referenced ordinance is lengthy and, further, the Council
finds that publication of the title and a summary of the ordinance, conforming to the
requirements of Minnesota Statutes §331A.01 subdivision 10, will clearly inform the
public of the intent and the effect of the ordinance; and
WHEREAS, a copy of the proposed summary, prepared by the City Attorney, is
attached hereto and incorporated herein by reference.
NOWTHERFORE BE IT RESOLVED, by the Otsego City Council that the
City Clerk is authorized and directed to publish the attached ordinance summary in the
City's official newspaper in lieu of publication of the actual ordinance. A copy of the
complete ordinance shall be made available at the City offices for public inspection.
Dated: June 12, 2000
ATTEST:
Elaine Beatty, City C erk
City of Otsego
State of Minnesota
County. of Wright
INDIVIDUAL SEWAGE AND WASTEWATER
TREATMENT SYSTEM ORDINANCE
The following is a summary of Ordinance # 0 0 - 0 9 adopted by a four-fifths
majority or greater of the Otsego City Council:
An ordinance authorizing and providing for sewage and wastewater treatment:
establishing minimum standards for and regulation of individual sewage treatment
systems (ISTS) within the corporate limits of the City of Otsego; incorporating by
reference minimum standards and requirements established by Minnesota Statutes and
rules of the Minnesota Pollution Control Agency; requiring permits for installation,
alteration, repair or extension of ISTS in the City; establishing standards for upgrade,
repair, replacement, or discontinuance of use of ISTS; imposing penalties for failure to
comply with these provisions; providing for enforcement of these requirements; and
promoting the health, -safety and welfare of the public pursuant to Minnesota Statutes
Chapters 115, 145A, 375, 394, and 471, specifically §§ 115.55, 145A.055-375.515,394.21
through 394.37, and 471.82; and in furtherance of State and local policy.
A full printed copy of this Ordinance is available for inspection at the Otsego City Hall.
This ordinance summary is adopted this 1 2TT*f June . 2000.
In favor: Mayor Larry Fournier, CM Vern Heidner, CM Virginia
Opposed: Wendel and CM Mark Berning, CM Ackerman -Absent
No One
City of ego
arty Fo 'er, ayor
ATTEST:
Elaine Beatty, City Clerk
Publish: June 28, 2000 - Elk River Star NEws
Posted: June 20, 2000 - Otsego City Hall - 2 -Boards