OTTER TAIL COUNTY SANITATION CODE for SUBSURFACE SEWAGE TREATMENT SYSTEMS

OTTER TAIL COUNTY SANITATION CODE for SUBSURFACE SEWAGE TREATMENT SYSTEMS Incorporating By Reference MINNESOTA RULES CHAPTERS 7080, 7081, AND 7082 With Some Local Modifications Effective Date: April 26, 2016 LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION GOVERNMENT SERVICES CENTER 540 WEST FIR FERGUS FALLS, MN 56537 218-998-8095 www.co.otter-tail.mn.us

Effective 04-26-2016; Page 2 THE COUNTY BOARD OF OTTER TAIL COUNTY ORDAINS: This Ordinance shall be known as the Sanitation Code of Otter Tail County, and is enacted pursuant to Minnesota Statutes, Chapters 115, 145A, 375, 394 and 471, and specifically including Sections 115.55, 145A.05, 375.51, 394.21 through 394.37 and 471.82; and applies to all incorporated and unincorporated areas of the County of Otter Tail except incorporated areas which have adopted standards that comply with Minnesota Statute 155.55 and are at least as strict as this Ordinance. Standards Adopted By Reference. The County hereby adopts, by this reference, Minnesota Rules Chapters 7080, 7081, and 7082 as now constituted and from time to time amended, except as those Rules are modified by the provisions of this Ordinance. This Ordinance uses a similar numbering system as Minnesota Rules Chapters 7080, 7081, and 7082 substituting an 80 for the 7080, 81 for the 7081, and 82 for the 7082, to denote a provision specific to Otter Tail County. The specific numbered provisions of this Ordinance modify the parts and subparts of Chapters, 7080, 7081, and 7082 with the corresponding number. Where the Minnesota Rules allow a local unit of Government to do something this Ordinance does not do so unless specifically provided. MODIFICATIONS TO MINNESOTA RULES CHAPTER 7080 80.1100 Definitions. These definitions are added for this Ordinance: A. Administrative Officer. "Administrative Officer" means the Administrator of the Office of Land and Resource Management of Otter Tail County and his/her assistants. B. Permit. "Permit" means a building, construction, sanitary, site, planning, zoning, or other such permit issued for new construction, replacement, repair, alteration, or extension of an individual sewage treatment system, including artificial drainage and collector systems. Permit also means a permit issued for the addition of a bedroom or bathroom on property served by an individual sewage treatment system. C. Road Authority. Road Authority means the Commissioner of Transportation, as to trunk highways; the County Board, as to County State-Aid Highways and County Highways; the Town Board, as to Town Roads; and the governing bodies of Cities when the governing bodies or City Streets are specifically mentioned; or the aforementioned road authorities designated representative. D. Sewage Treatment Area: Sewage Treatment Area means the area meeting or exceeding the onsite requirements of the Otter Tail County Sanitation Code for the purpose of soil treatment (drainfield) areas and future additional sites.

Effective 04-26-2016; Page 3 80.1500 Compliance Criteria. Subp. 4. Compliance criteria for existing systems. To be in compliance, an existing ISTS must meet the provisions of this subpart. Paragraph D is replaced for this Ordinance with: ISTS must have at least a three-foot vertical separation or a vertical separation in compliance with part 7080.2350, subpart 2, Table XI. A 15 percent reduction is allowed, for mound systems only, to account for settling of sand or soil, normal variation of measurements, and interpretations of the limiting layer conditions. Paragraph E. is deleted for this Ordinance. (The minimum vertical separation distance remains 3 feet.) Paragraph F. is replaced for this Ordinance with: The vertical separation measurement for item D must be measured outside the area of system influence in an area of similar soil. Subp. A. Point of Sale Compliance Inspection. This Subpart is added for this Ordinance: A. Point of Sale Compliance Inspection. No owner or other person acting with legal authority on behalf of an owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure is required to have an individual sewage treatment system is located, shall convey to another party said tract of land, unless all of the following requirements are met: (1) A currently valid Compliance Inspection shall be submitted to the County with the property transfer. If a currently valid Compliance Inspection is not submitted to the County, the buyer shall provide a currently valid Compliance Inspection to the County within 30 days of the property transaction, and is responsible for any required upgrade should the system be noncompliant. A valid Compliance Inspection is an inspection, conducted by an MPCA Certified Professional, which is three years old or less, indicating that the system is in compliance or is out of compliance. (2) An Otter Tail County Sewage Treatment System Property Transfer Form shall be signed by the buyer(s) and filed with the Otter Tail County Auditor at the time of sale or transfer of the property. (3) Failure to submit a currently valid Compliance Inspection for a property transfer shall result in all future permits for the site to be denied until a completed Compliance Inspection Form has been submitted.

Effective 04-26-2016; Page 4 (4) Exemptions: A Compliance Inspection or an Otter Tail County Sewage Treatment System Inspection is not required to be filed with the Auditor s Office at the time of sale or transfer of property if any of the following conditions exist: a. The property to be transferred has no structures usable for human habitation; b. The property to be transferred has no buildings with plumbing fixtures. c. A public municipal sewer system, a community sewer system or a central sewer system for which a National Pollutant Discharge Elimination System (NPDES) Permit has been issued, services the dwelling(s) on the property to be transferred; d. The sale of land is exempt from the requirements that a Certificate of Real Estate Value (CRV) be filed with the County Auditor s Office as described in Minn. Stat. 272.115, subd.1; or e. The transfer is a foreclosure or tax forfeiture. f. The system is in compliance as indicated by the Certificate of Compliance issued by the Otter Tail County Land & Resource Management Office within the last 5 years. (5) Winter Transfers: If the sale or transfer of property occurs during the winter months of November 15th through April 15th, the buyer shall complete the Compliance Inspection, if necessary, by the following June 1st. The buyer shall ultimately be held responsible by the County if the septic system is noncompliant and not brought into compliance within the timeframe provided by the Administrative Officer or if a Compliance Inspection has not been completed. 80.1860 Design Flow (Gallons Per Day). This limitation is added for this Ordinance: All dwelling design flow calculations must comply with Classification I flow rates indicated in Table IV. The following is added for this Ordinance: The minimum flow rate for each separate building served by an onsite sewage system is 150 gallons per day. 80.2100 Dosing of Effluent. Subp. 2. Pump Tanks. This requirement is added for this Ordinance: D. This alarm device must be electronic.

Effective 04-26-2016; Page 5 80.2150 Final Treatment and Dispersal. Table VII is replaced for this Ordinance with: Table VII: Minimum setback distances (feet) Sewage Tank, Holding Tank, Sealed / Unsealed Privy, Soil Absorption Area from OHWL Lakes GD... 50 Ft. RD... 75 Ft. NE...150 Ft. Rivers URB & TRIB... 75 Ft. Ag... 75 Ft. TRANS... 100 Ft. For lots existing by virtue of a recorded plat or deed before October 15, 1971, or on lots that have an existing dwelling, which have insufficient area to meet this setback, the setback from the OHWL shall be the greatest distance possible, by meeting all other setback requirements, and in no event less than 50 feet from the OHWL. Sewage Tank, Holding Tank or Sealed Privy Water Well... 50 Ft. Buried Water Suction Pipe... 50 Ft. Buried Pipe Distributing Water Under Pressure... 10 Ft. Building... 10 Ft. Lotline/Road-Right-of-Way... 10 Ft. Soil Absorption Area or Unsealed Privy Water Well Less Than 50 Ft. Deep and Less Than 10 Ft. of Impervious Material... 100 Ft. Any Other Water Well or Buried Suction Pipe... 50 Ft. Buried Pipe Distributing Water Under Pressure... 10 Ft. Lotline/Road-Right-of-Way... 10 Ft. Building - Dwelling... 20 Ft. Non-Dwelling... 10 Ft. OHWL, Periodically Saturated Soil or Bedrock (vertical)... 3 Ft. The setback from a water well, for sewage tanks and soil absorption areas, may be less than the established standards, if a variance is obtained from the Minnesota Department of Health, in which case the setback shall be the distance established in the Minnesota Department of Health variance, a copy of which shall be filed with the Administrative Officer.

Effective 04-26-2016; Page 6 The lotline setback does not apply to sewage systems serving multiple lots included within a shared Collector System. For lots existing by virtue of a recorded plat or deed before October 15, 1971, or on lots that have an existing dwelling, which have insufficient area to meet these setbacks, the setback from a building or a lotline for sewage tanks and soil absorption areas shall be the greatest distance possible, by meeting all other setback requirements and in no event be less than 50% of the distances listed for the building and lotline/road-right-of-way setbacks in Table VII above. ISTS may be installed less than five feet from a road right-of- way with written permission from the road authority, a copy of which shall be filed with the Administrative Officer. 80.2210 Trenches and Seepage Beds. Subp. 4.F.(2) For this Ordinance, replace 15 percent with 25 percent. 80.2270 Floodplain Areas. Subp.10. Holding Tank. This subpart is replaced for this Ordinance with: For a dwelling, the minimum size is 1,500 gallons. For other establishments, the minimum capacity shall be at least five times the design flow. 80.2290 Holding Tank. D. is revised for this Ordinance with: For a dwelling, the minimum size is 1,500 gallons. For other establishments, the minimum capacity shall be at least five times the design flow. Tank sizing for flood plain areas must be calculated according to part 7080.2270, subpart 10. 80.2550 Seepage Pits, Drywells, and Leaching Pits. Subp.1. Intended use of this part. This part must be used when conducting existing system compliance inspections. This subpart is replaced for this Ordinance with: Seepage Pit, Drywell, or Leaching Pit Systems are considered non-compliant. Subp. 2. Requirements for seepage pits, drywells, and leaching pits. This subpart is deleted for this Ordinance.

Effective 04-26-2016; Page 7 MODIFICATIONS TO MINNESOTA RULES CHAPTER 7081 81.0270 Final Treatment and Dispersal. Subp. 2. Setbacks. MSTS components must meet the setbacks in Table II. Table II is replaced for this Ordinance with: MSTS components must meet the setback requirements specified in 80.2150 Table VII, in this Ordinance. MODIFICATIONS TO MINNESOTA RULES CHAPTER 7082 82.0300 Local Program Administration. This Section added for this Ordinance: Subp. A. County Variance Procedure. The Board of Adjustment shall have the exclusive power to order the issuance of variances from the requirements of the Ordinance including restrictions placed on nonconformities. A. Variances shall only be permitted when they are in harmony with the general purposes and intent of the Ordinance. B. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the ordinance. Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the Ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. C. Economic considerations alone do not constitute practical difficulties. D. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. E. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the Ordinance. F. No variance may be granted that would allow any use that is not allowed. G. The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. H. In considering variance requests, the Board of Adjustment may also consider: 1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the same area; 2. Whether existing sewage treatment systems on the property need upgrading before additional development is approved;

Effective 04-26-2016; Page 8 3. Whether granting the variance will be contrary to the public interest or damaging to the rights of other persons or to property values in the neighborhood. 4. No variance shall be granted simply because there are no objections or because those who do not object outnumber those who do. I. The applicant for a variance shall file his complete Application in the office of the Administrative Officer not less than 21 days prior to the next scheduled meeting of the Board of Adjustment and pay a fee as indicated on the Fee Schedule when the application is filed. Each application for variance shall be accompanied by a scale drawing (see definition) and 6 copies (if the Applicant provides a color coded original scale drawing, it is the Applicant's responsibility to color code all copies) of the area under consideration showing the location of any existing structures and any proposed structures. The drawing shall also indicate all setback distances in feet. In addition, the applicant must provide his (or next closest) E-911 address when available. In absence of such number, detailed directions to the property must be provided with the application. J. When administrative staff and Board of Adjustment members may not be able to view the property for which a variance is requested, due to snow cover, it may not be possible to meet the legal requirement to take final action within 60 days of receipt of a completed Application. Therefore, an Applicant shall be required, as part of completing the application process in the months of October through March, to indicate by written acknowledgment whether the Applicant is willing to waive the 60 day time limit and allow time for the Board of Adjustment to view the property, if necessary. The acknowledgment shall inform the Applicant that the absence of a waiver of the 60 day requirement may leave the Board of Adjustment no alternative but to deny the Application. Circumstances may require the Board of Adjustment to cancel its regular meeting in one or more of the months of January through April. If meetings are canceled, no Application for a Variance will be accepted as final until 21 days prior to the next scheduled meeting of the Board of Adjustment. K. Within 3 days of making an application for a variance the applicant shall stake the lotlines, road right-of-ways, and area under consideration and post the name and address in a clearly visible location on the property. L. The Administrative Officer shall refer the application to the Board of Adjustment (See Section V.7., Notification Procedures.) M. The Board of Adjustment shall consider the application at its next regular meeting at which time is available, following compliance with the provisions of notice above specified.

Effective 04-26-2016; Page 9 82.0700 Inspection Program for Subsurface Sewage Treatment Systems. This Section is replaced for this Ordinance: Subp. 3. Certificate of Compliance; Notice of Noncompliance. A. SSTS in compliance with applicable requirements must be issued a certificate of compliance and systems found not in compliance must be issued a notice of noncompliance. SSTS not in compliance with part 7080.1500, Subpart 4., Item A., or 7081.0080, Subpart 3., must be repaired or replaced within 10 days or as directed under Minnesota Statutes, chapter 145A. SSTS not in compliance with part 7080.1500, Subpart 4, Item B. or 7081.0080 Subpart 4. must have a repair or replacement Permit within 24 months or as directed under Minnesota Statutes Chapter 145A. Systems out of compliance with other applicable requirements must be repaired or replaced according to these standards. Systems issued a notice of noncompliance for operational or monitoring deficiencies must immediately be maintained, monitored, or managed according to the operating permit. 82.A. County Administration and Enforcement. This Section is added for this Ordinance: Subp. 1. Enforcing Officer. The Administrative Officer shall be responsible for the administration of this Ordinance. Subp. 2. Penalties. A. Any person who violates the terms and provisions of this Ordinance including the terms of a Permit shall be charged with a misdemeanor. All fines paid for violations shall be credited to the County General Revenue Fund. Each 24-hour day that a violation continues shall constitute a separate offense. B. In the event of a violation or a threatened violation of this Ordinance, the County Board of Commissioners and/or the Administrative Officer, in addition to other remedies may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations, and it shall be the duty of the County Attorney to institute such action. This will include, but not be limited to, actions for injunctive relief before a court of competent jurisdiction. C. Any taxpayer or taxpayers of the County may institute mandamus proceedings in District Court to compel specific performance by the proper officer or officers of any duty required by this Ordinance. D. All employees of the Otter Tail County Land and Resource Management Office, members of the County Board of Commissioners, Planning Commission and Board of Adjustment, in the performance of their duties shall have free access on all land included within the jurisdiction of this Ordinance.

Effective 04-26-2016; Page 10 Subp. 3. Subdivision. Subdivisions must conform to all other requirements of the Subdivision Controls Ordinance of Otter Tail County. In areas not served by publicly owned sewer and water systems, subdivisions must not be approved unless domestic water supply is available and soil absorption sewage treatment can be provided for every lot. A minimum undisturbed 2,500 square foot of Sewage Treatment Area shall be identified for each lot. This undisturbed Sewage Treatment Area must be identified and staked onsite by a Minnesota Pollution Control Agency (MPCA) Licensed Sewage System Designer. Lots that would require use of holding tanks must not be approved. 82.B. County Permit Program. This Section is added for thi Ordinance: Subp. 1. No person, firm or corporation shall install, alter, or extend any individual sewage treatment system in the County without first obtaining a permit from the Administrative Officer for the specific installation, alteration, or extension. Unless otherwise indicated, the permit shall be valid for a period of twelve months from the date of issue. The fee for said permit shall be as set forth in the Fee Schedule. Subp. 2. Applications for permits shall be made in writing upon printed blanks or forms furnished by the Administrative Officer and shall be signed by the Applicant or his agent. Subp. 3. Each permit application must adequately identify the property and owners and include, a site evaluation report, a design summary, a signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, applicable construction information, and any other information requested by the permitting authority pertinent to this process. Exhibits for site evaluation, design, and applicable construction information must utilize University of Minnesota Worksheets or other Otter Tail County approved worksheets, be complete and include a certified statement from the person who conducted the work. In the event of a change in the application information which served as the basis for issuing a permit, the Permittee must file an amended application for approval prior to initiating construction, detailing the changed conditions for approval or denial by the permitting authority. Subp.4. Restrictive layer verification will be done at the time of inspection, utilizing a safely accessible soil pit that is 36 inches below the bottom of the system or if the Designer requests, a Restrictive Layer Verification Request and proper Fee may be submitted for restrictive layer verification prior to the issuance of a Permit. 82.C. County Inspection Program. This Section is added for this Ordinance: Subp. 1. For new sewage system installations, the Administrative Officer shall make such inspections as are necessary to determine compliance with this Ordinance. No part of the system shall be covered until it has been inspected and approved by the Inspector. It shall be the responsibility of the applicant to notify the Inspector that

Effective 04-26-2016; Page 11 the authorized work is ready for inspection or reinspection, and it shall be the duty of the Inspector to make the inspection within three working days after receipt of notification. For compliant installations, the Administrative Officer shall issue to the applicant a Certificate of Compliance. If upon the inspection, the Inspector discovers that any part of the system is not constructed in accordance with the minimum standards provided in the Ordinance, he shall give the applicant written notification describing the defects. The applicant shall be responsible for the correction or elimination of all defects, and no system shall be placed in service until all defects have been corrected or eliminated. 82.D. Maintenance and Sewage Disposal. This section is added for this Ordinance: Subp. 1. A record of all the sewage treatment systems serviced shall be maintained by the licensed Maintainer, indicating the date of the pumping, name of the property owner, parcel where the tank is located, the approximate gallons removed and the disposal area where the waste was discharged. A report of these records shall be submitted to the Administrative Officer on a monthly basis. Subp.2. A record of the sewage treatment systems serviced shall be maintained by a licensed Service Provider, including sampling results, operational observations, system adjustments, and other management activities in compliance with local ordinances, management plans, or operating permit requirements. Records must indicate the date of service, name of the property owner, parcel number where the system is located. A report of these records shall be submitted to the Administrative Officer on a monthly basis. Subp.3. Operating Permits are required for all systems installed under 7080.2350 (Type IV), 7080.2400 (Type V), and Chapter 7081 (MSTS). A. A Contingency Plan must be approved by Otter Tail County prior to a Permit being issued. B. Failure to provide reports as required by the Operating Permit or follow the Corrective Action Plan will result in the issuance of a Violation and possible legal action by the County Attorney. EFFECTIVE DATE: April 26, 2016