Chapter 3400 OLMSTED COUNTY SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE

Transcription

1 Olmsted County Code of Ordinances Chapter 3400 OLMSTED COUNTY SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE Olmsted County, MN Updated December 19, 2017

2 Table of Contents PURPOSE AND AUTHORITY PURPOSE AND INTENT Short Title Purpose and Intent AUTHORITY SCOPE AND JURISDICTION DEFINITIONS GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT ADMINISTRATION STATE OF MINNESOTA CITIES AND TOWNSHIPS LIABILITY ADMINISTRATION OF THE ORDINANCE INTERPRETATION AND APPLICATION VALIDITY FEES VIOLATIONS Cause to Issue a Notice of Violation Notice of Violation Issuance of Citations Additional Authority Cease and Desist Orders Violations and Appeals Prosecution State Notification of Violation Costs and Reimbursement Record Keeping Dispute Resolution VARIANCES VARIANCE FROM STANDARDS VARIANCES PERTAINING TO OTHER AFFECTED AGENCIES : SUBMITTAL REQUIREMENTS: : APPEALS: GENERAL REQUIREMENTS RETROACTIVITY All SSTS Existing Permits SSTS on Lots Created After February 19, UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT SSTS Capacity Expansion C May 2, 2018 Page 2 of 42

3 Bedroom Additions Other Property Improvements Failure to Protect Groundwater Imminent Threat to Public Health or Safety Abandonment SSTS IN FLOODPLAINS CLASS V INJECTION WELLS SSTS PRACTITIONER LICENSING PROHIBITIONS Occupancy or Use of a Building without a Compliant SSTS Sewage Discharge to Ground Surface or Surface Water Sewage Discharge to a Well or Boring Discharge of Hazardous or Deleterious Materials Floor Drains from Garages Drainage Devices High Strength Waste SSTS STANDARDS STANDARDS ADOPTED BY REFERENCE AMENDMENTS TO THE ADOPTED STANDARDS List of Adopted Standards Determination of Hydraulic Loading Rate and SSTS Sizing Compliance Criteria for Existing SSTS Holding Tanks SSTS PERMITTING PERMIT REQUIRED CONSTRUCTION PERMIT Activities Requiring a Construction Permit Activities Not Requiring a Permit Construction Permit Required to Obtain Building Permit Conformance to Prevailing Requirements Permit Application Requirements Application Review and Response Appeal Permit Expiration Extensions Transferability Suspension or Revocation Soils and SSTS Design Expiration OPERATING PERMIT SSTS Requiring an Operating Permit Permit Application Requirements Department Response C May 2, 2018 Page 3 of 42

4 Operating Permit Terms and Conditions Permit Expiration and Renewal Amendments to Existing Permits not allowed Transfer of Ownership Suspension or Revocation Compliance Monitoring ABANDONMENT CERTIFICATION Purpose Abandonment Requirements Abandonment Certificate MANAGEMENT PLANS PURPOSE MANAGEMENT PLAN REQUIREMENTS SSTS Requiring Management Plans Requirements for Systems not operated under a Management Plan COMPLIANCE MANAGEMENT COMPLIANCE INSPECTION PROGRAM A Department Responsibility for New Construction or Replacement B New Construction or Replacement Existing Systems Transfer of Properties ABROGATION AND GREATER RESTRICTIONS ORDINANCE REPEALED ADOPTION C May 2, 2018 Page 4 of 42

5 3400. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE OLMSTED COUNTY This is an ordinance authorizing and providing for sewage treatment and soil dispersal in unsewered areas of the county. It establishes: 1. Minimum standards for and regulation of individual sewage treatment systems (ISTS) and mid-sized Subsurface Sewage Treatment Systems (MSTS) (collectively referred to as SSTS) in unsewered incorporated and unincorporated areas of Olmsted County incorporating by reference minimum standards established by Minnesota statutes and administrative rules of the Minnesota Pollution Control Agency, 2. Requirements for issuing permits for installation, alteration, repair or expansion of SSTS, 3. Requirements for all SSTS permitted under the revised Minnesota Rules, Chapters 7080 and 7081 to be operated under an approved management plan, 4. Standards for upgrade, repair, replacement, or abandonment of SSTS, 5. Standards which promote the health, safety and welfare of the public as reflected in Minnesota Statutes sections , 145A.05, , , and , the County Comprehensive Plan and the County Zoning and Shoreland Ordinance; and repealing Public Health Regulation Number 41 and all amendments thereto, 6. Provisions for enforcement of these requirements, and 7. Penalties for failure to comply with these provisions PURPOSE AND AUTHORITY PURPOSE AND INTENT Short Title This ordinance shall be known as the County of Olmsted, Minnesota, Subsurface Sewage Treatment Systems Ordinance and cited as the SSTS Ordinance Purpose and Intent The purpose of this ordinance is to establish minimum requirements for regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the County to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances. It is intended to serve the 508C May 2, 2018 Page 5 of 42

6 best interests of the County s citizens by protecting its health, safety, general welfare, and natural resources. This ordinance is enacted for the following purposes: 1. To establish minimum requirements for the regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the County; 2. To protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances; 3. To serve the best interests of the County s citizens by protecting the County s health, safety, general welfare, and natural resources. 4. To protect lakes, rivers and streams, wetlands, and groundwater in Olmsted County essential to the promotion of public health, safety, welfare, socioeconomic growth and development of the County. 5. To regulate proper SSTS construction, reconstruction, repair and maintenance. 6. To prevent the entry and migration of contaminants, thereby protecting the degradation of surface water and groundwater quality. 7. To establish minimum standards for SSTS placement, design, construction, reconstruction, repair and maintenance. 8. To prevent contamination and, if contamination is discovered, to identify and control its consequences and to abate its source and migration. 9. To provide for appropriate utilization of privy vaults and other non-water carried sewage collection and storage facilities. 10. To provide for the proper management and disposal of septage and other products of SSTS maintenance. 11. To provide for technical assistance and education, plan review, inspections, SSTS surveys and complaint investigations to prevent and control water-borne diseases, lake degradation, groundwater related hazards, and public nuisance conditions AUTHORITY This Ordinance is adopted pursuant to Minnesota Statutes, Section ; Minnesota Statutes, Sections 145A.01 through 145A.08; Minnesota Statutes, Section ; or successor statutes, and Minnesota Rules, Chapter 7080, Chapter 7081, Chapter 7082; or successor rules. 508C May 2, 2018 Page 6 of 42

7 SCOPE AND JURISDICTION This Ordinance regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the County s applicable jurisdiction including, but not necessarily limited to individual SSTS and cluster or community SSTS, privy vaults, and other non-water carried SSTS. All sewage generated in unsewered areas of the County shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated, and maintained in accordance with the provisions of this Ordinance or by a system that has been permitted by the MPCA. This Ordinance shall apply in all areas of Olmsted County, whether incorporated or unincorporated. The ordinance provides the minimum standards and regulations applicable to subsurface sewage treatment systems. A municipality (city or township) within Olmsted County that adopts an ordinance addressing subsurface sewage treatment systems shall ensure that such ordinance is consistent with and at least as restrictive as this Ordinance and shall provide for its enforcement in a manner consistent with this Ordinance. Where a municipality (city or township) has passed an ordinance to regulate and enforce in an equivalent or more restrictive manner, the Director shall coordinate regulation and enforcement with that municipality DEFINITIONS The following words and phrases shall have the meanings ascribed to them in this Article. If not specifically defined in this Chapter, terms used in this Ordinance shall have the same meaning as provided in the standards adopted by reference. Words or phrases that are not defined here or in the standards adopted by reference shall have common usage meaning. For purposes of this Ordinance, the words must and shall are mandatory and the words may and should are permissive. Terms defined in MR and that do not appear in this chapter are adopted by reference. Authorized Representative: An employee or agent of the Planning Department, as that term is defined in the Environmental Services Administration Ordinance. Bedrock: Geologic layers of which greater than 50 percent of the volume consists of weathered or unweathered in place consolidated rock or rock fragments. Bedrock consists of igneous, metamorphic and sedimentary rock. Citation: An order to a responsible party to appear at the County Violation Bureau to enter a plea of 1) not guilty and request a court hearing, or 2) guilty and pay a fine established by the courts for violation of environmental and public health protection ordinance. Class V Injection Well: A shallow well used to place a variety of fluids directly below the land surface, which includes a domestic SSTS serving more than 20 people. The US Environmental Protection Agency and delegated state groundwater programs permit 508C May 2, 2018 Page 7 of 42

8 these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large-capacity cesspools are specifically prohibited (see 40 CFR Parts 144 & 146). Cluster System: An SSTS under some form of common ownership that collects wastewater from two or more dwellings or buildings and conveys it to a treatment and dispersal system located on an acceptable site near the dwellings or buildings. County: Olmsted County, Minnesota. County Board: The Olmsted County Board of Commissioners. Department: The Rochester Olmsted Planning Department. Design Flow: The daily volume of wastewater for which an SSTS is designed to treat and discharge. Director: The Director of the Planning Department, and their respective designees operating under authority of the County Board to administer environmental programs and services for Olmsted County. Environmental Commission: The Olmsted County Environmental Commission organized and appointed by the County Board. Flood Fringe: That portion of Special Flood Hazard Area Subject to Inundation by the 1% Annual Chance Flood as identified by FEMA and outside of the the floodway. For the purposes of this ordinance the flood fringe also includes floodprone soils as identified and designated as the Flood Plain District in the Olmsted County Zoning Ordinance (Section 9.00). Flood Plain: The Special Flood Hazard Area Subject to Inundation by the 1% Annual Chance Flood as identified by FEMA and floodprone soils as identified in the Olmsted County Zoning Ordinance. Floodway: The channel of a stream or river plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial increases in flood heights. Groundwater Protection: Removal, dilution, digestion, or other treatment sufficient to prevent contamination of groundwater from bacteria and viruses, nitrates and other chemical contaminates, and other sources of contaminates generated in sewage. Seepage pits, cesspools, drywells, leaching pits, or other pits are considered to fail to protect groundwater; as is an SSTS with less than the required vertical separation distance, described in as provided in3406., SSTS Standards, ; or an SSTS lacking either a nitrate removal system or the necessary lot area to provide for dilution of nitrates 508C May 2, 2018 Page 8 of 42

9 sufficient to reduce nitrate contamination to the level of the drinking water standard over the area of the lot; or a system not abandoned in accordance with part The determination of the threat to groundwater for other conditions must be made by a Qualified Employee or an individual licensed pursuant to Section 5 hereof. Imminent Hazard: An actual or potential immediate threat to the health, safety, or well being of humans or livestock, or environmental degradation. Imminent Threat to Public Health and Safety: At a minimum a SSTS with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, or storm water drains or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance access covers. The determination of protectiveness for other conditions must be made by a Qualified Employee or a SSTS inspection business licensed pursuant to this ordinance and MR ISTS: a subsurface sewage treatment system or part thereof, as set forth in Minnesota Statutes, sections and , that employs sewage tanks or other treatment devices with final discharge into the soil below the natural soil elevation or elevated final grade that are designed to receive a sewage design flow of 5,000 gallons per day or less. ISTS also includes all holding tanks that are designed to receive a design flow of 10,000 gallons per day or less; sewage collection systems and associated tanks that discharge into ISTS treatment and dispersal components; and privies. ISTS does not include those components defined as plumbing under Minnesota Rules, Chapter Industrial Waste: Sewage containing waste from activities other than sanitary waste from industrial activities including, but not limited to, the following uses defined in the 2012 North American Industry Classification System (NAICS): 11 Agriculture, Forestry, Fishing and Hunting 21 Mining, Quarrying, and Oil and Gas Extraction 22 Utilities 23 Construction Manufacturing 42 Wholesale Trade Retail Trade Transportation and Warehousing 51 Information 52 Finance and Insurance 53 Real Estate and Rental and Leasing 54 Professional, Scientific, and Technical Services 55 Management of Companies and Enterprises 56 Administrative and Support and Waste Management and Remediation Services 61 Educational Services 508C May 2, 2018 Page 9 of 42

10 62 Health Care and Social Assistance 71 Arts, Entertainment, and Recreation 72 Accommodation and Food Services 81 Other Services (except Public Administration) 92 Public Administration License: Authorization to conduct business services that may be limited to a specific period of time, specific person, and/or a specific site in Olmsted County. Malfunction: The partial or complete loss of function of a SSTS component, which requires a corrective action to restore its intended function. Management Plan: A plan that describes necessary and recommended routine operational and maintenance requirements, periodic examination, adjustment, and testing, and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge. Minor Repair: The repair or replacement of an existing damaged or faulty component/part of an SSTS that will return the SSTS to its operable condition. The repair shall not alter the original area, dimensions, design, specifications or concept of the SSTS. MPCA: Minnesota Pollution Control Agency. MSTS: A midsized subsurface sewage treatment system under single ownership that receives sewage from dwellings or other establishments having a design flow of more than 5,000 gallons per day to a maximum of 10,000 gallons per day. MSTS also includes sewage collection systems and associated tanks that discharge into MSTS treatment or dispersal components. MSTS does not include those components defined as plumbing under MR Chapter Notice of Noncompliance: A written document issued by the Department notifying a system owner that the owner s onsite/cluster treatment system has been observed to be noncompliant with the requirements of this Ordinance. Owner: Any person or persons having a legal interest in real or personal property or any person in possession or control of real or personal property including, but not limited to, mortgages, contract for deed vendees, and contract for deed vendors. Permit: A certificate, approval, registration, or similar form of permission that may be limited to a specific site and/or a specific period of time to establish a use, construct a structure or operate a specific business, structure, or vehicle. Person: A firm, association, organization, partnership, trust, company, corporation, municipality, agency, or an individual. 508C May 2, 2018 Page 10 of 42

11 Privy: An aboveground structure with an underground cavity meeting the requirements of part that is used for the storage or treatment and dispersal of toilet wastes, excluding water for flushing and gray water. A privy also means a non-dwelling structure containing a toilet waste treatment device. Qualified Employee: An employee or contractor of the state, Olmsted County, or a local unit of government, who performs site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual s employment duties and is registered on the SSTS professional register verifying specialty area endorsements applicable to the work being conducted. Record Drawings: A set of drawings which to the fullest extent possible document the final in-place location, size, and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system. Sewage: Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains associated with these sources, including household cleaners and other constituents in amounts normally used for domestic purposes. Single Family Residential Dwelling: A building containing only one dwelling unit. Sink Hole: A natural depression in the land surface, especially in limestone, where surface waters or a stream may flow underground into a crevice, passage or cave. SSTS: For the purposes of this ordinance a subsurface sewage treatment system Includes ISTS and MSTS. State: The State of Minnesota. Structure: A combination of materials forming a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. SWF: Systems in shoreland areas or wellhead protection areas or systems serving food, beverage, or lodging establishments means the following three categories of systems: 1. SSTS constructed in shoreland areas where land adjacent to the public waters has been designated and delineated as shoreland by local ordinance as approved by the Department of Natural Resources; 2. SSTS constructed in wellhead protection areas regulated under Minnesota Statutes, chapter 103I; and 3. SSTS serving food, beverage, and lodging establishments that are required to obtain a license under Minnesota Statutes, section , subdivision 1, including 508C May 2, 2018 Page 11 of 42

12 manufactured home parks and recreational camping areas licensed according to Minnesota Statutes, chapter 327. Treatment Level: Treatment system performance levels defined in Minnesota Rules, Chapter , Table III for testing of proprietary treatment products. Type I System: An ISTS that follows a standard trench, bed, at-grade, mound, or graywater system design in accordance with MPCA rules, Minnesota Rules, Chapter through Type II System: An ISTS with acceptable modifications or sewage containment system that may be permitted for use on a site not meeting the conditions acceptable for a standard Type I system. These include systems on lots with rapidly permeable soils or lots in floodplains and privies or holding tanks. Type III System: A custom designed ISTS having acceptable flow restriction devices to allow its use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system. Type IV System: An ISTS, having an approved pretreatment device and incorporating pressure distribution and dosing, that is capable of providing suitable treatment for use where the separation distance to a shallow saturated zone is less than the minimum allowed. Type V System: An ISTS, which is a custom engineered design to accommodate the site taking into account pretreatment effluent quality, loading rates, loading methods, groundwater mounding, and other soil and other relevant soil, site, and wastewater characteristics such that groundwater contamination by viable fecal coliform is prevented. Vertical Separation: The term as used herein, is as described in M.R , Subp. 3 (C-D), unless a different distance separation expressed in feet is used in connection with the term. Wetland: As defined in Minnesota Rules Chapter Definitions, Subp. 72 or as amended GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT ADMINISTRATION The Director shall administer the SSTS program and all provisions of this Ordinance. The Director shall ensure that qualified employees (see definition) administer and operate the SSTS program. 508C May 2, 2018 Page 12 of 42

13 STATE OF MINNESOTA Where a single SSTS or group of SSTS under single ownership within one-half mile of each other, have a design flow greater than 10,000 gallons per day, the owner or owners shall make application for and obtain a State Disposal System permit from MPCA. For any SSTS that has a measured daily flow for a consecutive seven-day period which equals or exceeds 10,000 gallons per day, a State Disposal System permit is required. Any SSTS serving establishments or facilities licensed or otherwise regulated by the State shall conform to the requirements of this Ordinance CITIES AND TOWNSHIPS Any jurisdiction within the County that regulates SSTS must comply with the standards and requirements of this Ordinance. The standards and ordinance of the jurisdiction may be administratively and technically more restrictive than this Ordinance LIABILITY Any liability or responsibility shall not be imposed upon the department or agency or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any onsite or cluster treatment system regulated under this rule by reason of standards, requirements, or inspections authorized hereunder ADMINISTRATION OF THE ORDINANCE The provisions of the Olmsted County Administrative Enforcement and Appeals Procedure Ordinance found at Chapter 4000 of the Olmsted County Code of Ordinances, as amended, shall apply to the administration and enforcement of this Ordinance INTERPRETATION AND APPLICATION 1. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements to protect public health, safety, and welfare. 2. Where the conditions imposed by any provision of this ordinance are either more restrictive than comparable provisions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. 3. Except as specifically provide in this ordinance, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with this ordinance. 508C May 2, 2018 Page 13 of 42

14 VALIDITY Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision, shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid FEES There shall be fees established by items of the Ordinance as established from time to time by resolution of the County Board of Olmsted County VIOLATIONS Cause to Issue a Notice of Violation Any person, firm, agent, or corporation who violates any of the provisions of this Ordinance, or who fails, neglects, or refuses to comply with the provisions of this Ordinance, including violations of conditions and safeguards, or who knowingly makes any material false statement or knowing omission in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable as defined by Minnesota State Statutes. Each day that a violation exists shall constitute a separate offense Notice of Violation The Department shall serve, in person or by mail, a notice of violation to any person determined to be violating provisions of this Ordinance. The notice of violation shall contain: 1. A statement documenting the findings of fact determined through observations, inspections, or investigations; 2. A list of specific violation(s) of this Ordinance 3. Specific requirements for correction or removal of the specified violation(s); 4. A mandatory time schedule for correction, removal and compliance with this ordinance Issuance of Citations As specified herein, individuals occupying the designated County positions are authorized to issue citations for a petty misdemeanor or misdemeanor violation of this ordinance 508C May 2, 2018 Page 14 of 42

15 consistent with the terms of the County s Citation Ordinance Resolution 96-7, and amended in Resolution Zoning Administrator 2. Code Enforcement Officer Additional Authority Except as otherwise provided by statute, only a peace officer and a part-time peace officer may take a person into custody as permitted by Minn. Stat Cease and Desist Orders Cease and desist orders may be issued when the Department has probable cause to believe that an activity regulated by this or any other County Ordinance is being or has been conducted without a permit or in violation of a permit. When work has been stopped by a cease and desist order, the work shall not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the cease and desist order lifted Violations and Appeals. In the case where a variance from the requirements of this SSTS ordinance is sought or a civil violation of this SSTS ordinance occurs and the alleged violator wishes to appeal the civil notice of violation, the procedures which must be followed shall be governed by the Olmsted County Administrative Enforcement and Appeals Procedure Ordinance set forth in Chapter 4000 of the Olmsted County Code of Ordinances. However, in the case of an application for a variance, the County Hearing Officer or the Environmental Commission serving as a subordinate board or commission pursuant to the County Administrative Enforcement and Appeals Ordinance shall not consider any application for a variance from the applicable Minnesota rules until any review and action required by the Minnesota Pollution Control Agency has been conducted. If the Minnesota Pollution Control Agency denies the requested variance, the County Hearing Officer or the Environmental Commission serving as a subordinate board or commission pursuant to the County Administrative Enforcement and Appeals Ordinance shall not consider the application for a variance Prosecution In the event of a violation or threatened violation of this Ordinance, the County may, in addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct or abate such violations or threatened violations and the County Attorney shall have authority to commence such civil action. The Department and County Attorney may take such actions as may be necessary to enforce the provisions of this ordinance. 508C May 2, 2018 Page 15 of 42

16 State Notification of Violation In accordance with state law, the Department shall notify the MPCA of any inspection, installation, design, construction, alteration or repair of an SSTS by a licensed/certified person or any septage removal by a licensed pumper that is performed in violation of the provisions of this Ordinance Costs and Reimbursement If the Department is required to remove or abate an imminent threat to public health or safety, the Department may recover all costs incurred in removal or abatement in a civil action, including legal fees; at the discretion of the County Board, the cost of an enforcement action under this ordinance may be assessed and charged against the real property on which the public health nuisance was located pursuant to Minn. Stat. Section 145A.07. The County Auditor shall extend the cost as assessed and charged on the tax roll against said real property Record Keeping As required by Minnesota Rules, Chapter , Subp. 4 the County shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, an annual list of all sewage tanks installed in the county sorted by licensed installation businesses, and other records relevant to each system Dispute Resolution If a documented discrepancy arises on the depth of the periodically saturated soil or SSTS design or compliance between licensed businesses or between licensed businesses and the department the procedures of Minnesota Rules, Chapter , Subp. 5 must be followed. The department shall make the final judgment and shall render findings of fact, conclusions of law, and findings setting forth the reasons for a final decision VARIANCES VARIANCE FROM STANDARDS An affected property owner or designated representative may request a variance from the standards as specified in this Ordinance pursuant to this Chapter. The Department shall have the authority to grant administrative variances when the purposes and intent of the variance are consistent with this section of the ordinance, the County's Zoning Ordinance, and the County's Water Management Plan. The Department may approve 508C May 2, 2018 Page 16 of 42

17 variances from standards and criteria not specifically listed in on a site by site basis. No variance shall be granted except under the following circumstances: 1. There are extraordinary conditions or circumstances affecting the property as a result of lot size, layout, shape, topography, soil conditions or other circumstances which the current landowners did not cause or have any control over; and 2. There are characteristics of an individual property that make strict adherence to the requirements of the ordinance difficult, unreasonably expensive, or impractical and; and 3. Variance approval will not adversely affect the health or safety of persons residing or working in the area adjacent to the property and will not be materially detrimental to the public welfare or damaging to property or improvements in the area adjacent to the property of the applicant, and that granting of the variance will not adversely impact water quality. A decision by the Department will be made within fifteen (15) days of the receipt of a complete application VARIANCES PERTAINING TO OTHER AFFECTED AGENCIES Variances that pertain to the standards and requirements of the State of Minnesota must be approved by the affected State Agency pursuant to the requirements of that State Agency. Those variances to standards and requirements that must be determined by the State Agency include: 1. Variances pertaining to well setbacks (wells and water supply lines) are governed by Minn. Rules Chapters 4715, 4720 and 4725 and shall only be approved by the Minnesota Department of Labor and Industry (plumbing code), or Minnesota Department of Health through their variance procedures. 2. Variance requests to deviate from the design flow determination procedures in Minnesota Rules, Chapter if the deviation reduces the average daily estimated flow from greater than 10,000 gallons per day to less than 10,000 gallons per day must be approved by the MPCA. 3. Variances to provisions in , Subp. 2 through 3 and , Subp. 2 through 5 regarding the vertical separation required beneath the treatment and soil dispersal system and seasonally saturated soil or bedrock from the required three feet of unsaturated soil material, except as provided in , Subp. 3, must be approved by MPCA. 4. Variances to M.S. Chapters 4715, 4720, 4725 and 6120, as amended from time to time. 508C May 2, 2018 Page 17 of 42

18 5. Variances to provisions of M.R , Subpart 2(A-D), , Subpart 2-5, , and Variances to the four (4) foot vertical separation where required by ordinance : SUBMITTAL REQUIREMENTS: Any property owner requesting relief from the strict application of the provisions in this Ordinance must complete and submit an application to the Department on a form provided by the Department. The variance request must include, as applicable: 1. A statement identifying the specific provision or provisions in the ordinance from which the variance is requested; 2. A description of the hardship that prevents compliance with the rule; 3. The alternative measures that will be taken to achieve a comparable degree of compliance with the purposes and intent of the applicable provisions; 4. The length of time for which the variance is requested, if applicable; 5. Cost considerations only if a reasonable use of the property does not exist under the term of the Ordinance; and 6. Other relevant information requested by the Department as necessary to properly evaluate the variance request : APPEALS: The applicant may appeal the Department s decision to deny the variance in accordance with the County s established policies and appeal procedures. The procedure shall be as specified in the County s Administrative Enforcement and Appeals Procedure Ordinance found at Chapter 4000 of the County Code of Ordinances RETROACTIVITY All SSTS GENERAL REQUIREMENTS Except as explicitly set forth elsewhere in 3405 and 3406, all provisions of this Ordinance shall apply to any SSTS regardless of the date it was originally permitted. 508C May 2, 2018 Page 18 of 42

19 Existing Permits Unexpired permits (pending) which were issued prior to the effective date shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system ownership whichever is earlier SSTS on Lots Created After February 19, 1985 All residential lots created after February 19, 1985 must have a minimum of two soil treatment and dispersal areas that can support trenches, seepage beds, mounds, and atgrade systems as described in Minnesota Rules, Chapters through or site conditions described in , Subp. 3 through 7. All lots, created prior to February 19, 1985 must have a minimum of one soil treatment and disposal area that can support Type I systems as described in Minnesota Rules, Chapters through or site conditions described in , Sub. 3 through 7. The area must be based on a minimum design flow of 600 gallons per day or the equivalent to a 4-bedroom Class I house. Other land uses must have a minimum of three soil treatment and dispersal areas UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT SSTS Capacity Expansion Expansion of an existing SSTS that includes any system upgrades that are necessary to bring the system, including tanks, into compliance must have the upgrades of the system follow the prevailing provisions of this Ordinance at the time of the expansion. All system upgrades for any system size increase must be completed within twelve (12) months of the required construction permit approval Bedroom Additions The owner is allowed twelve (12) months from the date of issuance of a bedroom addition permit to upgrade, repair, replace or abandon an existing system. The system, including tanks, must be brought into compliance with the provisions of this ordinance. A compliance inspection is required and the inspection form submitted with the bedroom addition permit application Other Property Improvements Any non-compliant system must be upgraded prior to or in conjunction with the following applications that may affect the performance of the SSTS as determined by the Department: 1. zoning variance, 508C May 2, 2018 Page 19 of 42

20 2. conditional use or 3. building permit. The owner is permitted twelve (12) months from the date of issuance of a building permit following other approval to upgrade, repair, replace or abandon an existing system Failure to Protect Groundwater An SSTS that is determined not to be protective of groundwater in accordance with Minnesota Rules, Chapter , Subp.4.B shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this Ordinance within ten (10) months of receipt of a Notice of Noncompliance Imminent Threat to Public Health or Safety An SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Chapter , Subp.4A and B shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this Ordinance within ten (10) months of receipt of a Notice of Noncompliance. The property owner shall cease all discharge to the ground surface, surface water, karst features or wells within 10 days of notification Abandonment Any SSTS, including privies, or any component thereof, which is no longer intended to be used, must be abandoned in accordance with Minnesota Rules, Chapter SSTS IN FLOODPLAINS SSTS shall not be located in a Floodplain as defined herein for development within a platted subdivision after the date of adoption of this ordinance. Existing parcels developed or subdivided prior to the date of this ordinance must avoid placement of an SSTS in the floodplain unless no option exists to locate the SSTS outside of the floodplain. The SSTS shall not be located in the Floodway and may only be located in the Flood Fringe or Flood Prone areas. The SSTS must comply with all elements of Minnesota Rules, Chapter (NOTE: Fill for an SSTS within a Flood Fringe or Flood Plain districts requires the approval of a conditional use permit under the zoning ordinance.) 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 Environmental Protection Agency as described in CFR40 part 144. Further, owners are required to 508C May 2, 2018 Page 20 of 42

21 identify all Class V injection wells in property transfer disclosures. Permits must be secured from the Environmental Protection Agency SSTS PRACTITIONER LICENSING No person shall engage in site evaluation, inspection, design, installation, construction, alteration, 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 PROHIBITIONS Occupancy or Use of a Building without a Compliant SSTS It is unlawful for any person to maintain, occupy, or use any building intended for habitation that is not provided with a wastewater treatment system that disposes of wastewater in a manner that complies with the provisions of this Ordinance Sewage Discharge to Ground Surface or Surface Water It is unlawful for any person to construct, maintain, or use any SSTS system regulated under this Ordinance that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollutant Discharge Elimination System program by the MPCA Sewage Discharge to a Well or Boring It is unlawful for any person to discharge raw or treated wastewater into any well or boring as described in Minnesota Rules, Chapter , or any other excavation in the ground that is not in compliance with this ordinance Discharge of Hazardous or Deleterious Materials It is unlawful for any person to discharge into any treatment system regulated under this Ordinance any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality. Products containing hazardous waste must not be discharged to a system, other than in normal amounts of household products and cleaners designed for household use. Substances not intended for use in household cleaning, including but not limited to; solvents, pesticides, flammables, photo finishing chemicals, paint, and dry cleaning chemicals must not be discharged to the system. Other unused products or substances, or unused medicines, must not be discharged to the system solely as a disposal method. 508C May 2, 2018 Page 21 of 42

22 Floor Drains from Garages Floor drains from garages servicing dwellings, vehicle maintenance business or any other floor drain that has the potential to introduce hazardous waste into the system, must not be connected to the SSTS. (Refer to ) Drainage Devices Footing or roof drainage and chemically treated hot tub or pool water must not be discharged into any part of the SSTS High Strength Waste Only domestic strength waste shall be discharged to a soil treatment area. Sewage tank effluent with a waste strength higher than domestic strength waste shall be pre-treated to a level equal to or less than domestic strength prior to final treatment and disposal in a soil treatment area SSTS STANDARDS STANDARDS ADOPTED BY REFERENCE The County hereby adopts by reference Minnesota Rules, Chapters 7080 and 7081 in their entirety as now constituted and from time to time amended. This adoption does not supersede the County s local standards that are in compliance with Minnesota Statute AMENDMENTS TO THE ADOPTED STANDARDS List of Adopted Standards The following standards supercede the standards set forth in Minnesota Rules by being more restrictive than the state rules. 1. There shall be a minimum vertical separation for all new and replacement SSTS based on criteria of subparts A. to C. A. The vertical separation shall be a minimum of three (3) feet as defined herein. B. SSTS within platted subdivisions and unplatted properties of two acres of less within the Suburban Development Area as designated on the Olmsted County General Land Use Plan shall be required to be designed and constructed with a pressure distribution dispersal system or meet a minimum vertical separation of four (4) feet as defined herein. 508C May 2, 2018 Page 22 of 42

23 C. A minimum of five soil observations for design is required. If any of the observations show limiting features within five feet or less vertical separation in the support area additional borings may be required as determined by the department. All soil observations must extend to at least four (4) feet or to bedrock whichever is encountered first. 2. All site evaluation; septic system design and soils classification shall be completed by a licensed Soils Scientist, Professional Engineer, Hydrologist, or Geologist, with a Minnesota licensed professional that has completed the requirements of Minnesota Rules Chapter , Design License. A person with an Advanced Designers License by completing the requirements of Minnesota Rules Chapter and , Design License may also conduct site evaluations, septic system design and soils classification. 3. All SSTS must meet or exceed state standards for plumbing, well, wetland, public waters, shoreland and (natural) sink hole setbacks for new, existing, and systems inspected for compliance under Section B. State and Local Setbacks Soil Treatment Septic Tank System Wetland 100 Sink Hole 100 Well (with <50 casing, etc.) Well (other) Streams, lakes by class 75, 100, 150 by class 75, 100, 150 by class Property Line, buried water under pressure Building Top of Bluff as defined in the zoning ordinance MN Rule References: Plumbing 4715, Wells 4725, Rivers 6105, Shoreline Homeowners may choose to run garage floor drains to daylight, which means that the floor drain effluent would discharge onto the ground surface outside the garage. This would only be allowed if the following conditions are met: A. Local Government Approval through permit review for the garage B. The floor drain must be an un-trapped drain with solid pipe approved by MN Rule 4715 C. No commercial or industrial use of the garage 508C May 2, 2018 Page 23 of 42

24 D. No discharge into public waters or other surface water, or surface depressions which lead to surface water (such as ditches, sinkholes, or wetlands) E. Discharge water shall not cross property lines. 5. Multi-Family Residential, Commercial, or Industrial Development: A. Within Urban Service Areas: Proposed new or expanded multi-family residential, commercial, or industrial developments that generate sewage wastes, that are located in a zoning district allowing such uses as of September 11, 2003 and that are located within planned urban service areas as identified in the Olmsted County General Land Use Plan shall, where feasible, connect to the municipal sewage collection system associated with the urban service area, or to another publicly owned system properly operated in accordance with MPCA permits if no municipal system is in place. Where the operator of the municipal sewage collection system states in writing that service is feasible and available within two years, connection to that system shall be required unless otherwise authorized by the Environmental Commission. Where the operator of the public sewage collection system states in writing that service is not feasible or is not available within two years, the Director shall require a utility connection agreement with the applicable sewer authority as a condition of approval of the permit. B. Outside Urban Service Areas: Proposed new or expanded residential, commercial, or industrial developments that generate domestic type sewage waste only and that are located outside planned urban service areas shall be provided with on-site sewage treatment or disposal in compliance with this ordinance and state regulations. The permitting authority shall verify the location of the SSTS as inside or outside a designated urban service area. 6. Privies not connected to an approved registered tank shall not be an accepted form of sewage treatment and shall not be constructed in Olmsted County. Such systems shall be considered a failure to protect groundwater. 7. Within City Limits: All applicants for an SSTS located within city limits must secure any required approvals for a new or replacement SSTS from the city or township prior to securing a permit from the Department Determination of Hydraulic Loading Rate and SSTS Sizing Table IX entitled Loading Rates for Determining Bottom Absorption Area and Absorption Ratios for Using Detailed Soil Descriptions from Minnesota Rules, Chapter , Subp. 3(E) and herein adopted by reference shall be used to size SSTS infiltration areas. Table IXa entitled Loading Rates For Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas Using Percolation Tests for Minnesota Rules, Chapter 508C May 2, 2018 Page 24 of 42