5.4 PCSR 01-27-2015
Request for Action
To Item Number
Planning Commission 5.4
Agenda Section Meeting Date Prepared by
Planning ItemsJanuary 27, 2015Kristin Mroz, Environmental Technician
Item Description Reviewed by
Ordinance Amendment Updating the Subsurface
Jeremy Barnhart, Deputy Director CODD
Sewage Treatment System (SSTS) Public Hearing,
Reviewed by
Case No. OA 15-01
Bob Ruprecht, Building Official
Action Requested
Recommend, by motion, approval of the ordinance amendment to update the Subsurface Sewage
Treatment System as required by the MPCA.
Background/Discussion
City ordinance currently includes regulation for subsurface sewage treatment systems (SSTS) that does
not comply with the Minnesota Pollution Control Agency (MPCA) standards. The MPCA notified city
staff of the discrepancies on September 8, 2014, instructing the city to make necessary amendments to the
city code.
SSTS include individual septic systems from small-scale homesteads to large-scale industrial systems in
unsewered areas of the city. The purpose of the SSTS ordinance is to comply with minimum standards
per Minnesota statutes and administrative rules of the Minnesota Pollution Control Agency. These
standards include requirements for issuing permits, management plan standards, standards for
construction and deconstruction, penalties for failure to comply with the provisions, provisions of
enforcement, and standards which promote the health, safety, and welfare of the public.
Staff is recommending a reference to the Sherburne County SSTS ordinance as they fully comply with
MPCA rules. Changes include updating references to the county SSTS ordinance and removing segments
that are repetitive to the county SSTS ordinance. Other, more restrictive attributes to the city ordinance
were left in place within the city ordinance.
Staff proposes amendments within sections:
Section 30-1934 – On-site sewage treatment and water supply systems (Floodplain)
Section 30-2028 – Water supply and sewage treatment (Shoreland)
Section 30-2138 – Water supply and sewage treatment (Wild and Scenic River)
Financial Impact
None
Attachments
Ordinance Amendments
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Ordinance 15 -
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An Ordinance Amending Sections, 30-1, “Definitions,” 30-1934, “On-site sewage
treatment and water supply systems,” 30-2028, “Water supply and sewage
treatment,” 30-2042, “Planned unit developments,” and 30-2138, “Water supply
and sewage treatment” of the City of Elk River, Minnesota, City Code, to
incorporate the Sherburne County Subsurface Sewage Treatment System
Program
The City Council of the City of Elk River does hereby ordain as follows:
§,
SECTION 1.That 30-1“Definitions” of the City of Elk River Code of Ordinances shall be
amended to add the following definition:
Subsurface Sewage Treatment System Program means Sherburne County Zoning Ordinance,
Section 17.5, as amended, including references to Minnesota Statutes and Minnesota Rules.
§,
SECTION 2.That 30-1934“On-site sewage treatment and water supply systems” of the
City of Elk River Code of Ordinances shall be amended to read as follows:
Where public utilities are not provided, on-site water supply systems must be designed
to minimize or eliminate infiltration of floodwaters into the systems, and new or
replacement on-site sewage treatment systems must be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters and they shall not be subject to impairment or contamination during
times of flooding. Any sewage treatment system designed in accordance with the state’s
current statewide Sherburne County Zoning Ordinance, Section 17.5 “Subsurface
Sewage Treatment System Program”, shall be determined to be in compliance with this
section.
§ ,
SECTION 3.That 30-2028(b)(2)“Water supply and sewage treatment” of the City of Elk
River Code of Ordinances shall be amended to read as follows:
All private sewage treatment systems shall meet or exceed the
(2)
requirements of Sherburne County Zoning Ordinance, Section 17.5, as
amended, state pollution control agency's standards for individual sewage
treatment systems contained in the document titled "Individual Sewage
Treatment Systems Standards, Chapter 7080 a copy of which is hereby
adopted by reference and declared to be a part of this division.
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§ ,
SECTION 4.That 30-2042“Planned Unit Developments” of the City of Elk River Code of
Ordinances shall be amended as follows:
a) 1) shall be amended to read as follows:
Section 30-2042 (e)(2)(c)(
(1) Residential planned unit developments shall be connected to publicly owned
water supply and sewer systems, if available. On-site water supply and
sewage treatment systems shall be centralized and designed and installed to
meet or exceed the requirements of Sherburne County Zoning Ordinance,
Section 17.5 applicable standards or rules of the state department of health
“Subsurface Sewage Treatment System Program”, and sections 30-2022 and
30-2028. On-site sewage treatment systems shall be located on the most
suitable areas of the development, and sufficient lawn area free of limiting
factors shall be provided for a replacement soil treatment system for each
sewage treatment system.
b) Section 30-4042 (f) (2)(b)(1) shall be amended to read as follows:
(1) Commercial planned unit developments shall be connected to publicly owned
water supply and sewer systems, if available. On-site water supply and
sewage treatment systems shall be designed and installed to meet or exceed
the requirements of Sherburne County Zoning Ordinance, Section 17.5
applicable rules of the state department of health “Subsurface Sewage
Treatment System Program”, and sections 30-2022 and 30-2028. On-site
sewage treatment systems shall be located on the most suitable areas of the
development, and sufficient lawn area free of limiting factors shall be provided
for a replacement soil treatment system for each sewage system.
§ ,
SECTION 5.That 30-2138(b)“Water supply and sewage treatment” of the City of Elk
River Code of Ordinances shall be amended to read as follows:
(b) Sewage treatment. Any premises used for human occupancy shall be
provided with an adequate method of sewage treatment which meets all of
the requirements of Sherburne County Zoning Ordinance, Section 17.5
“Subsurface Sewage Treatment System Program”, and section 30-2028,
except that on-site sewage treatment systems shall be set back from the
ordinary high-water level in accordance with the setbacks contained in
section 30-2132(a).
SECTION 6. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this Click here to enter day this will
be adopted day of Click here to enter month this will be adopted, 2015.
______________________________
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ATTEST: John J. Dietz, Mayor
_______________________________
Tina Allard, City Clerk
Last Updated March 2014
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Ordinance 15 -
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An Ordinance Amending Section, 78-1, “Finding of public health and safety
hazard,” 78-101, “Private sewage disposal systems,” and 78-125, “Filling of unused
septic tanks and similar devices” of the City of Elk River, Minnesota, City Code, to
incorporate the Sherburne County Subsurface Sewage Treatment System
Program
The City Council of the City of Elk River does hereby ordain as follows:
§,
SECTION 1.That 78-1(b)“Finding of public health and safety hazard” of the City of Elk
River Code of Ordinances, shall be amended to read as follows:
(b) In addition to the provisions of section 78-22 and subsection 78-97(d), which authorize the city
to make connections to the city water and sanitary sewer systems and to assess the costs
therefore to the affected property, and the provisions of Sherburne County Zoning Ordinance
17.5 and chapter 46, article II of this Code, which declares defective sewage systems and
plumbing a nuisance affecting the public's safety and health and authorizes the city to abate
such nuisances and to assess the costs therefor to the affected properties, the city council finds
that it is necessary and in the public interest to provide a mechanism for costs incurred by
private property owners to eliminate such public health and safety hazards on private property
to be assessed against the property as a special assessment.
§,
SECTION 2.That 78-101“Private sewage disposal systems” of the City of Elk River Code
of Ordinances shall be amended to read as follows:
(a)Application, Administration, and Enforcement. The application, administration, and enforcement
of private sewage disposal systems shall be in accordance with Sherburne County Zoning
Ordinance, Section 17.5, entitled “Subsurface Sewage Treatment System Program”, which
contains additional requirements by the MPCA and State Department of Health.
(b) Additional Restrictions and Setbacks. Additional restrictions and setbacks occur under Chapter
30 of this code.
(a) Generally. Where a public sanitary or combined sewer is not available under the provisions of
this division, the building sewer shall be connected to a private sewage disposal system which
complies with the provisions of the Minnesota Pollution Control Agency Individual Sewage
Treatment Standards, chapter 7080 et seq. (referred to in this section as "chapter 7080"), as
amended from time to time, which standards are hereby adopted by reference and made a part
of this division as fully as though set forth in full in this section. A copy of such standards is
filed with the city administrator. In addition thereto, the following appendix to chapter 7080 is
hereby adopted by reference and made a part of this division as fully as though set forth in full,
a copy being on file with the city administrator:
Appendix A, Alternative Systems.
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Alternatively, in the sole discretion of the city and based upon relevant factors including, but
not limited to, soil type, topography and proximity to water bodies, a private sewage disposal
system shall comply with the following minimum requirements and standards:
i. Six hundred square feet of drainfield plus a 1,200-gallon tank; or
ii. Two hundred linear feet of trenching equivalent to 600 square feet, at least two
trenches, plus a 1,200-gallon tank.
(b) Permit. Prior to commencement of construction of a private wastewater disposal system, the
owner shall first obtain a written permit signed by the building and zoning administrator. The
application for such permit shall be made on a form furnished by the city which the applicant
shall supplement by any plans, specifications, and other information as are deemed necessary by
the city.
(c) Inspection. Operation of a private wastewater disposal system shall not be allowed until the
installation is completed to the satisfaction of the city or its authorized representative. The city
or its representative shall be allowed to inspect the work at any stage of construction and, in any
event, the applicant for the permit shall notify the city when work is ready for final inspection,
and before any underground portions are covered. The inspection shall be made within 48
hours of receipt of notice, if reasonably practicable.
(d) Discontinuance of use and connection to public sewer. At such time as a public sewer becomes
available to a property serviced by a private wastewater disposal system, a direct connection
shall be made to the public sewer in accordance with subsections 78-97 and 78-98 of this code.
Discontinuance of use of a private wastewater disposal system shall comply with Sherburne
County Zoning Ordinance 17.5. within 120 days in compliance with this division, and within
seven days any septic tanks, cesspools and similar private wastewater disposal systems shall be
cleaned of sludge. The bottom shall be broken to permit drainage, and the tank or pit filled with
suitable materials.
(e) Maintenance. The owner shall operate and maintain the private wastewater disposal facilities in
a sanitary manner at all times at no expense to the city.
(f) State requirements. No statement contained in this section shall be construed to interfere with
any additional requirements that may be imposed by the MPCA or the state department of
health.
§ ,
SECTION 3.That 78-125“Filling of unused septic tanks and similar devices” of the City
of Elk River Code of Ordinances shall be deleted:
Sec. 78-125. - Filling of unused septic tanks and similar devices.
Unused septic tanks, cesspools, leaching pits and similar devices and structures shall be
backfilled or made safe and unusable in a manner acceptable to the city.
(Code 1982, § 1300.06(7))
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
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Passed and adopted by the City Council of the City of Elk River this Click here to enter day this will
be adopted day of Click here to enter month this will be adopted, 2015.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated March 2014