Minnesota Pollution Control Agency Gretchen Sabel Barbara J. McCarthy Ayres Associates Craig Gilbertson, RS Richard J. Otis, PhD, PE, DEE Association of Minnesota Counties Annalee Garletz Sewage treatment ordinances from the following counties were reviewed to assist the drafting of the model ordinances in this manual: Also, the “Model Code Framework for Performance Management of Onsite/Cluster Wastewater Systems” prepared for the Iron Range Resources and Rehabilitation Agency in 2000 by the Northern Minnesota Wastewater Technical Committee was used to help draft several of the provisions in the model ordinances. TABLE OF CONTENTS Section 1 Local SSTS Ordinance Requirements…………………………... 1 Local SSTS Ordinance Programs……………………………… 1 Model SSTS Ordinances and Applications……………………. 1 MPCA Review of Local Ordinances…………………………... 4 How to Use this Manual……………………………………….. 4 Section 2 Conventional Program Ordinance Model……………………… 6 MPCA Requirements………………………………………….. 6 Program Ordinance Requirements…………………………….. 6 Provisions Required by Law of all SSTS Programs…….. 6 List of Differences……………………………………………... 7 Provisions Required in Rule for All Local SSTS Ordinances…. 7 Conventional SSTS Program Ordinance……………………….. 10 Section 3 Performance Program Ordinance Model………………………. 48 MPCA Requirements…………………………………………... 48 Conceptual Basis for Performance Programs………………….. 48 Comparison of Responsibilities………………………………... 48 Critical Elements of a Performance Program………………….. 50
Program Ordinance Requirements……………………………... 51 Provisions Required by Law of all Local SSTS Programs…….. 53 List of Differences……………………………………………... 53 Provisions Required in Rule for All Local SSTS Ordinances…. 53 Additional Requirements for Performance Programs………….. 55 Performance SSTS Program Ordinance……………………….. 59 Section 4 Alternative Local Standards Program Ordinance Model……... 79 MPCA Requirements…………………………………………... 80 Program Ordinance Requirements……………………………... 80 Requirements for Alternative Local Standards………………… 80 Provisions Required by Law for All SSTS Programs…... 83 List of Differences……………………………………………... 83 Provisions Required in Rule for All SSTS Programs…… 84 Requirements for Alternative Local Standards………………… 85 Alternative Standards Ordinance Provisions…………… 87 Attachments A. MPCA Ordinance Checklist……………………………… 95 B. Seller’s Supplemental Disclosure Statement. 103 SECTION 1: LOCAL SSTS ORDINANCE REQUIREMENTS Local SSTS Ordinance Programs On , in accordance with the authority granted in Minnesota Statutes, Chapters 103F, 103G, 115, and 116, the Minnesota Pollution Control Agency (MPCA) promulgated revised rules for the regulation of subsurface sewage treatment systems (SSTS). These rules provide minimum environmental protection standards for subsurface sewage treatment systems (SSTS) to protect the public health, safety, and general welfare by regulating the discharge of adequately treated sewage to groundwater. The standards relate to the proper location, design, installation, use, and maintenance of SSTS and the adoption of county ordinances that reasonably ensure proper permitting, inspection, and operation of SSTS. The original Chapter 7080, “Individual Sewage Treatment Systems”, was replaced with four chapters: Chapter 7080, “Design Standards for Individual Subsurface Sewage Treatment Systems”, Chapter 7081, “Midsized Subsurface Sewage Treatment Systems”,
The advisory group shall consult with the County with respect to implementation and administration of this Ordinance and to make recommendations regarding program improvements. The advisory group may provide technical assistance regarding evaluation of treatment technology design and performance, conduct periodic program audits to report on the effectiveness of the rules and their administration with respect to their intent and application, and provide other support where needed in the development and performance of the regulatory program. The focus of the advisory group is to be only on the regulatory program. It is not to advise on specific regulatory actions except as they relate to overall program procedures. 6.02 Membership Membership shall consist of representatives from stakeholder groups and citizens as appropriate. The number of committee members shall be at least (5) but no more than (15). County staff shall not be committee members but shall attend all meetings and provide administrative support to the committee. 6.03 Appointments and Terms Members be appointed by the for (3 year) staggered terms. (Their terms may be renewed.) The members shall serve (with/without) compensation in accordance with County policy. Expenses to attend committee meetings shall be reimbursed by the County according to County’s reimbursement procedures and policies. 6.04 Administration The committee shall be chaired by a committee member appointed by the committee members for a term not to exceed (3) years. The chair shall be responsible for establishing meeting agenda, meeting dates, and meeting locations. Agenda items shall be determined by the committee and may include any aspect of the program. The County staff shall provide administrative support as needed and requested by the committee chair. The County staff may suggest meeting agenda items. 6.05 Meeting Frequency The committee shall meet as often as deemed necessary by the committee chair. At a minimum, the committee shall meet (twice) annually.) ARTICLE IV GENERAL REQUIREMENTS Note: Local SSTS programs must retain the specific provisions in Rules, Chapters 7080 and 7081 that are listed in 7082.0100, Subp. 1 and Subp. 3. However, counties may make these provisions stricter. Many of the necessary provisions are included in this article below. Others appear in other articles of this Ordinance. Each required provision and their respective locations in this Ordinance are cited in the Ordinance Checklist provided by the MPCA commissioner, which appears in Appendix A. ARTICLE IV, SECTION 1.0 RETROACTIVITY
correct or abate such violations or threatened violations and the shall have authority to commence such civil action. The Department and may take such actions as may be necessary to enforce the provisions of this ordinance. ARTICLE IX, SECTION 3.0 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. Option: Section 4.0 below provides authorization to the Department to recover costs from the property owner where it is necessary to remove or abate an imminent threat to public health. SECTION 4.0 COSTS AND REIMBURSEMENTS 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. The shall extend the cost as assessed and charged on the tax roll against said real property. ARTICLE X RECORD KEEPING 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. Note: See Chapter 7082.0300, Subp. 4, which describes the records that the county is required by MPCA to retain. ARTICLE XI ANNUAL REPORT The department shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year. Note: For the specific MPCA reporting requirements see Minnesota Rules, Chapter 7082.0040, Subp.5. ARTICLE XII FEES
The Construction Permit shall be posted on the property in such a location and manner so that the permit is visible and available for inspection until construction is completed and certified. ARTICLE VI, SECTION 4.0 OPERATING PERMIT SSTS Requiring an Operating Permit An Operating Permit shall be required of all owners of SSTS unless otherwise exempted by this Ordinance. Wastewater shall not be discharged to any SSTS until the Department certifies that the SSTS was installed in conformance with the approved plans and receives the final record drawings of the SSTS. Permit Application Requirements Comment: Rules, Chapter 7082.0500, Subp. 2 requires that the local unit of government must issue and enforce operating permits for all holding tanks, Type IV and Type V systems, and MSTS and any other system deemed by the local unit of government to require operational oversight. Also, Chapter 7082.0100, Subp. 3.L requires that the local program must require that owners of systems not operated under a management plan (typically existing SSTS) must inspect and remove solids from septic tanks if necessary every three years. Counties should consider requiring operating permits for these systems as well to confirm that inspections are performed when required and solids removed as necessary. Operating permits are also useful in identifying systems that are no longer in use and must be properly abandoned. Application for an operating permit shall be made on a form provided by the (DEPARTMENT) including: name, mailing address, telephone, and email address Construction permit reference number and date of Final record drawings of the treatment system Owners of holding must submit a copy of a valid executed monitoring and disposal contract with a licensed maintenance business Monitoring and Disposal Contract Note: See Rules, Chapter 7082.0100, Subp. 3.G Owners of holding shall provide to the (DEPARTMENT) a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business, which guarantees the removal of the holding tank contents in a timely manner that prevents an illegal discharge. This requirement is waived if the owner is a farmer who is exempt from licensing under Minnesota Statutes, section 115.56, subdivision 3, paragraph (b), clause (3). Comment: While individual contracts may be terminated by either the owner or the licensed