HomeMy Public PortalAbout662 Ordinance Amending Individual Sewage Treatment System Permit RequirementsCITY OF MEDINA
ORDINANCE NO. 662
AN ORDINANCE AMENDING INDIVIDUAL SEWAGE TREATMENT SYSTEM
PERMIT REQUIREMENTS; AMENDING CHAPTERS 7 AND 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 720.07 of the code of ordinances of the City of Medina is amended by
deleting the seek -ems language and adding the e dined language as follows:
Section 720.07. General Provisions Required by State Rules.
Subd. 1. Technical Standards. Except as explicitly modified in this section, the technical
standards and criteria in Minnesota Rules 7080. and Minnesota Rules
7081.0440-te--7044-0290-are hereby specifically adopted.
Subd. 2. Surface discharge prohibited. Surface discharge of sewage from SSTS is prohibited
unless a national pollution discharge elimination system permit is issued by the Minnesota
Pollution Control Agency (MPCA).
Subd. 3. Proper sewage treatment required. All sewage generated in areas of the City not
served by municipal sanitary sewer shall be treated and dispersed by an approved SSTS that is
sited, designed, installed, operated, and maintained in accordance with the provisions of this
Section or by a system that has been permitted by the MPCA.
Subd. 4. Licensing. No person shall engage in site evaluation, inspection, design, installation,
construction, alternation, extension, repair, maintenance, or pumping of SSTS without an
appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter
7083 except as exempted in 7083.0700.
Subd. 5. Two sites required for all new lots. All lots created after January 23, 1996 shall
include a minimum of two soil treatment and dispersal areas that support systems as described in
Minnesota Rules, Chapter 7080.2200 to 7080.2230 or site conditions described in Minnesota
Rules, Chapter 7081.0270, subp. 3 to subp. 7.
Subd. 6. SSTS Abandonment. Any SSTS, or part thereof, which will no longer be used shall
be abandoned consistent with the requirements of Minnesota Rules, Chapter 7080.2500.
Subd. 7. Management Plans Required. All new or replacement SSTS shall require a
Management Plan consistent with the requirements of Minnesota Rules, Chapter
70507082.0600, Subp. 1. All SSTS with a Management Plan shall abide by the requirements of
the Management Plan.
Subd. 8. Removal of Solids Every Three Years. All systems which are not operated under an
Operating Permit or a Management Plan as described herein shall be assessed at least one time
every three years to determine the need to remove solids from septic tanks. Solids shall be
removed if necessary based on Minnesota Rules, Chapter 7080.2450.
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Subd. 9. Class V Injection wells. All owners of new or replacement SSTS that are considered
to be Class V injection wells, as defined in the Code of Federal Regulations, title 40, part 144,
are required by the federal government to submit SSTS inventory information to the United
States Environmental Protection Agency as described in CFR40 part 144. Further, owners are
required to identify all Class V injection wells in property transfer disclosures.
Subd. 10. Bedroom Additions. The City shall not issue a building permit or variance for a
bedroom addition on property served by a system unless the SSTS is in compliance with
applicable requirements, as evidenced by a certificate of compliance. A local unit of government
is authorized to temporarily waive the certificate of compliance requirement in this item for a
bedroom addition permit for which application is made during the period from November 1 to
April 30, provided a compliance inspection of the system is performed by the following June 1
and the applicant submits a certificate of compliance by the following September 30.
Subd. 11. SSTS in Floodplains. SSTS shall not be located in a floodway and wherever
possible, location within any part of a floodplain should be avoided. If no option exists to locate
a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements in
Minnesota Rules, Chapter 7080.2270 and all relevant local requirements are met.
SECTION II. Section 720.09 of the code of ordinances of the City of Medina is amended by
deleting the struck language and adding the underlined language as follows:
Section 720.09. Deviations from Adopted Standards and More Restrictive Standards.
Subd. 1. Minnesota Rules, Chapter 7080.1930 is modified by requiring
with -a minimum septic tank capacity of 4-2,000 gallons -each.
Subd. 2. Minnesota Rules, Chapter 7080.2100, subp. 2(C) is modified to require a pump tank
with a minimum capacity of 1,000 gallons.
Subd. 3. All soil treatment areas shall be protected before, during and after construction on the
lot. The method of protection of the additional soil treatment area shall be approved by the City of
Medina Building Official and may include, but is not limited to, snow fencing, permanent fencing
and silt fencing.
Subd. 4. No building permit shall be issued for construction on any property if such construction
negatively impacts one of the two required soil treatment areas that can accommodate a standard
ISTS, unless it can be shown that such treatment area can be replaced upon the property.
Subd. 5. Tanks and soil treatment and dispersal areas shall be setback a minimum of 75 feet
from wetlands.
Subd. 6. All SSTS with a pump shall include an alarm within the structure served to warn of
failure.
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Subd. 7. Holding Tanks.
(a) Holding tanks in compliance with Minnesota Rules 7080.2290 may only be allowed in
the following circumstances:
(1) As replacement for existing failing SSTS or for SSTS that pose an imminent threat
to public health or safety.
(2) For construction on lots existing as of March 26, 2015 where it can be shown
conclusively that a SSTS cannot feasibly be installed.
(3) For buildings with limited water use, with the exception that dwellings shall not be
connected to holding tanks unless meeting (1) or (2) above.
(4) For floor drains within a structure.
(b) In addition to conditions of an Operating Permit as described in this Section, use of
holding tanks shall be subject to the following conditions:
(1) An alarm shall be installed on the holding tank(s) which indicates when one day's
use remains in the tank(s).
(2) The owner shall maintain a valid contract with a licensed
haulermaintainer to pump and haul the holding tank to a licensed treatment facility.
(3) The pumper shall certify each date the tank is pumped, the volume of the waste
removed, the treatment facility to which the waste was discharged, and the water
meter reading at the time of pumping. These records shall be maintained by the
owner, and shall be provided upon request to the City.
(4) Any dwelling served by holding tanks shall require a minimum of two tanks.
(5) The owner shall install a remote reading water meter to record indoor water use.
(6) The holding tank shall be regularly pumped, no less frequently than bi-weekly or
other regular schedule agreed upon with the City.
(7) A holding tank that is solely used for floor drains shall not be subject to the
requirements of Subd. 7(b) (3)-(6), above.
Subd. 8. Allowed Reduction in the Vertical Separation for Existing System Compliance.
As permitted by Minnesota Rules 7080.1500 Subp. 4, an existing ISTS which was designed and
constructed with a three-foot separation distance shall be allowed a maximum of a 15 percent
reduction in vertical separation distance to account for settling of sand or soil, normal variations
of measurements, and interpretations of the limited layer conditions.
SECTION III. Section 720.15 of the code of ordinances of the City of Medina is amended by
deleting the steel -through language and adding the underlined language as follows:
Section 720.15. Construction Permit. It shall be unlawful for any person to construct, install,
modify or replace a SSTS without obtaining a permit from the City.
Subd. 1. Activities requiring a permit. A construction permit is required for installation of a
new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components
that will alter the original function of the system, change the treatment capacity of the system,
change the location of the system, or otherwise change the original system's design, layout, or
function.
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Subd. 2. Activities not requiring a permit. A construction permit is not required for the
following minor repairs or replacements of system components that do not alter the original
function of the system:
(a) Repair or replacement of pumps, floats or other electrical devices of the pump;
(b) Repair or replacement of baffles in the septic tank;
(c) Installation or repair of inspection pipes and manhole covers; or
(d) Repair or replacement of the line from the building to the septic tank.
Subd. 3. Permit Application Requirements. Applications shall be made on forms provided by
the City and shall involve the following:
(a) Site Evaluation Report;
(b) Detailed soil descriptions within soil treatment areas;
(c) If determined necessary by the Building Official based upon site characteristics, Ttwo
sets of percolation tests for the primary and secondary site;
(d) Design Report;
(e) Management Plan; and
(f) Any other information requested by the City to confirm compliance with relevant
regulations and to ensure protection of the public health, safety, and welfare.
Subd. 4. Installation and Inspection Requirements.
(a) No changes may be made to the approved design without approval of the amended
design.
(b) All tests and data required by the City inspector shall be provided.
(c) The installer shall provide an accurate as -built at the time of final inspection.
(d) The installer shall test any pumps and alarms at the time of final inspection.
Subd. 5. Permit Expiration. A Construction Permit shall be valid for a period of no more than
one year from the date of issuance.
Subd. 6. Permit Suspension or Revocation. The City may suspend or revoke a Construction
Permit issued under this section for any false statements, misrepresentations of facts on which
the Construction Permit was issued, or unauthorized changes to the system design that alter the
original function of the system, change the treatment capacity of the system, change the location
of the system, or otherwise change the original system's design, layout, or function. A notice of
suspension or revocation and the reasons for the suspension or revocation shall be conveyed in
writing to the permit holder. If suspended or revoked, installation or modification of a treatment
system may not commence or continue until a valid Construction Permit is obtained.
SECTION IV. Section 720.17 of the code of ordinances of the City of Medina is amended by
deleting the stritek-hrough language and adding the underlined language as follows:
Section 720.17. Operating Permit.
Subd. 1. Operating Permit Required. An Operating Permit in compliance with Minnesota
Rules 7082.0600 subp. 2 shall be required for:
(a) Type 141-1V Systems, as described in Minnesota Rules 7080.2350;
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(b) Type IV Systems, as described in Minnesota Rules 7080.2400;
(c) MSTS, as described in Minnesota Rules 7081; and
(d) Holding Tanks.
Subd. 2. Operating Permit Requirements. An Operating Permit shall specify the following,
which shall be reviewed by the City and approved only if compliant with relevant regulations:
(a) Maintenance requirements, including frequency;
(b) System operational and performance requirements;
(c) Monitoring requirements;
(d) Compliance limits and compliance boundaries;
(e) Reporting frequency;
(f) Disclosure of the location and condition of the soil treatment and dispersal system, if
applicable;
(g) Stipulation of acceptable and prohibited discharges;
(h) Executed contract between the owner and a licensed maintenance contractor; and
(i) A requirement that the permittee notify the City when permit requirements are not met.
Subd. 3. Transfer of Operating Permit.
(a) The Operating Permit shall be recorded against the title of the subject property and shall
bind successors in title for the term of the permit.
(b) With the exception of a sale as described above, the Operating Permit may not be
transferred without prior approval by the City.
Subd. 4. Suspension or Revocation.
(a) The City may suspend or revoke any Operating Permit issued under this section for any
false statements or misrepresentations of facts on which the Operating Permit was issued
or for failure to comply with the terms and conditions of the Operating Permit.
(b) Notice of suspension revocation and the reasons for revocation shall be conveyed in
writing to the owner.
(c) If suspended or revoked, the City may require that the treatment system be removed from
service, operated as a holding tank, or abandoned.
(d) At the City's discretion, the Operating Permit may be reinstated or renewed upon the
owner taking appropriate corrective actions.
SECTION V. Section 820.25 of the code of ordinances of the City of Medina is amended by
deleting the struek-threugh language and adding the underlined language as follows:
Section 820.25. Data for Preliminary Plat. Each Preliminary Plat shall contain the following
information.
Subd. 1. Identification and Description. Proposed name of subdivision, which name shall
not duplicate or be alike in pronunciation with the name of any plat recorded in the County.
(a) Legal description of the subdivision and a survey prepared and certified by a surveyor
registered in the State of Minnesota.
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(b) Key Map showing location of the subdivision and property for at least 660 feet adjacent.
(c) Names and addresses of the owner, subdivider, surveyor and designer of the
subdivision.
(d) North point.
(e) Date of preparation.
(0 Approval by the subdivision owner.
(g) Scale of one inch equals 100 feet or larger.
Subd. 2. Existing Conditions. The following existing conditions must be shown:
(a) Boundary line of proposed subdivision, clearly indicated.
(b) Existing zoning classification.
(c) Total approximate area of each zoning classification.
(d) Location, widths and names of all existing or previously platted streets or other public
ways, showing type, width and condition of improvements, if any, railroad and
utility rights -of -way, parks and other public open spaces, permanent buildings and
structures, easements, and section and corporate lines both within the subdivision
and to a distance of 100 feet beyond the subdivision.
(e) Location and size of existing sewers, water mains, culverts or other underground
facilities both within the subdivision and to a distance of 100 feet beyond the tract.
Such data as grades, invert elevations and locations of catch basins, manholes and
hydrants, shall be shown only on request.
(f) The boundary lines of adjoining unsubdivided or subdivided land, within 100 feet of the
proposed subdivision and the record owner thereof.
(g) Topographic data shall be required of the proposed subdivision and out to 50 feet
beyond boundaries of the plat at contours at vertical intervals of not more than two
feet. Additional topographic data up to 300 feet beyond the subdivision boundaries
shall be furnished upon City Engineer recommendation.
(h) The types, boundaries and the amount of suitable soils for each lot on the plat set forth
by a soil series map that references designations made by the most current Hennepin
County Soil Survey. In rural areas, suitable soils must be calculated for each parcel,
including the existing parcel and for each type of soil.
(i) Wetland data shall be required and must consist of a wetland delineation report which
identifies all wetlands, ponds, lakes, waterways, floodplains and shorelines. The
owners or subdividers shall submit to the Zoning Administrator office three (3)
copies of the full wetland delineation report for consideration with the preliminary
plat. Any area located in the areas set forth by this provision shall not be considered
in the calculation for contiguous soils in rural areas.
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(j) Floodplain information shall be provided to the Zoning Administrator for consideration
with the preliminary plat and delineated on the preliminary plat for review. The
preliminary plat shall follow the regulations in section 826.86 subdivisions 1-3 with
regard to floodplain management. All areas in the floodplain shall be established
and those areas may not be included in the calculation for contiguous suitable soils
in rural areas.
(k) The primary and secondary septic sites shall be designated for rural areas_ and
. The Zoning Administrator has the
authority to accept or deny the results of the septic
locations on any lot. The septic system design and construction must follow section
720 Individual Sewage Treatment Standards.
(1) Soils types information shall be provided by the owner or subdivider to the Zoning
Administrator for consideration with the preliminary plat. This information shall
consist of two (2) copies of the soil boring logs and the soils designations for the
areas within the plat as set forth by the most current Hennepin County Soils Survey.
In the event that the owner or subdivider is of the opinion that the soils types
designated by the most current Hennepin County Soils Survey are inaccurate by type
or location, he or she shall include information with respect to the inaccuracies in the
submittal. The Zoning Administrator has the authority to accept or deny the results
of the soil borings. Based on the information submitted and any other relevant
information, the Zoning Administrator shall calculate the final acreage amount of
contiguous suitable soils for each lot.
Subd. 3. Subdivision Design Features. The following Subdivision Design Features shall be
provided:
(a) Layout of proposed streets, showing right-of-way widths and proposed names of streets.
The name of any street heretofore used in the City or its environs shall not be used,
unless the proposed street is an extension of an already named street, in which event
the same shall be used.
(b) Locations and widths of proposed alleys, pedestrian ways and utility easements.
(c) Proposed street and alley centerline profile grades showing approximately both existing
and proposed centerline profile grade lines.
(d) Proposed location and size of storm and sanitary sewer lines and water mains and
proposed gradient of sewer lines.
(e) Proposed storm and sanitary sewer point of discharge or connection to existing systems
and water main connection or source of supply.
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(f) Layout, numbers and preliminary dimensions of lots and blocks.
(g) Minimum front, side and rear building setback lines, indicating dimensions
(h) Areas, other than streets, alleys, pedestrian ways and utility easements intended to be
dedicated or preserved for public use, including the size of such area or areas in
acres.
(i) A separate draft of all proposed restrictive covenants, if they are to be used, for the
preliminary plat.
Subd. 4. Other Information. The following additional information shall be provided.
(a) Provision for surface water disposal, drainage, and flood control.
(b) If any zoning changes are contemplated, the proposed zoning plan for the areas.
(c) Where the subdivider owns property adjacent to that which is being proposed for the
subdivision, the Planning Commission shall require that the subdivider submit a
sketch plan of the remainder of the property so as to show the possible relationships
between the proposed subdivision and the future subdivision. In any event, all
subdivisions shall be shown to relate well with existing or potential adjacent subdivi-
sions.
(d) Potential resubdivision and use of excessively deep or wide (over 200 feet) lots shall be
indicated.
(e) Such other information as may be requested by the Zoning Administrator or Planning
Commission.
SECTION VI. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 20th day of October, 2020.
Kathleen Martin, Mayor
AU t:
. City C e
tY
Jodi Gallup, rk
Published in the Crow River News on the 20 day of October, 2020.
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