7.5. SR 02-17-2015City of
Elk
River
Request for Action
To
Item Number
Mayor and City Council
7.5
Agenda Section
Meeting Date
lFebruary17,
Prepared by
Public Hearin
2015
Kristin Mroz, Environmental Technician
Item Description
Reviewed by
Ordinance Amendment: Subsurface Sewage
Jeremy Barnhart, Deputy Director CODD
Treatment System (SSTS)
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, ordinance amendments updating the Subsurface Sewage Treatment System (SSTS) as
recommended by the Planning Commission.
Background /Discussion
The purpose of the SSTS ordinance is to comply with minimum standards per Minnesota statutes and
administrative rules of the Minnesota Pollution Control Agency.
Changes include updating references to the county SSTS ordinance and removing segments that are
repetitive to the county SSTS ordinance.
These amendments are within sections:
■ Section 30 -1 — Definitions (Land Use)
• Section 30 -1934
— On -site sewage treatment and water supply systems (Floodplain)
• Section 30 -2028
— Water supply and sewage treatment (Shoreland)
• Section 30 -2042
— Planned unit developments (Shoreland)
• Section 30 -2138
— Water supply and sewage treatment (Wild and Scenic River)
• Section 78 -1 — Finding
of public health and safety hazard (Utilities)
• Section 78 -101 —
Private sewage disposal systems (Utilities)
• Section 78 -125 —
Filling of unused septic tanks and similar devices (Utilities)
Planning Commission Comments
At the January 27 Planning Commission meeting, the amendments were approved.
Public Comments
No comments were received for or against these amendments.
Financial Impact
None
Attachments
Planning Commission Packet dated January 27, 2015
Ordinance Amendments
P a w E A E U s r
Template Updated 4/14 INIM UREI
Request for Action
To
Item Number
Planning Commission
5.4
Agenda Section
Meeting Date
Prepared by
Planning Items
January 27, 2015
Ilristin 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
PV0WIAE1 0
Template Updated 4/14 IN"Af UR
iver
Ordinance IS -
Stfikethfoughs to be removed
Underlines to be added
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 Nog yam 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 eurrent stalle_f Sherburne County Zoning Ordinance, Section 17.5
"Subsurface Sewage Treatment Svstem 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:
(2) All private sewage treatment systems shall meet or exceed the requirements of
Sherburne County Zoning Ordinance, Section 17.5, as amended, state pollution contro
agency's stafid-rd, 4� in e treatment systems contained in the doettmen
ag
64-:1-P-d "T__4q._diNi_dtta1 Sewage Treatment Systems Standards, Chapter 7080 a which
is hereby adopted by reference and declared to be a part of this division.
SECTION 4. That § 30 -2042, "Planned Unit Developments" of the City of Elk River Code of
Ordinances shall be amended as follows:
a) Section 30 -2042 (e) (2) (c) (1) shall be amended to read as follows:
Last Updated March 2014
P 0 W I R 1 9 R Y
NATURE
to be removed
Underlines to be added
(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 designed and installed to meet or exceed the
requirements of Sherburne County Zoning Ordinance, Section 17.5 applicable standards
_Fznr4q_1I_eQI OAF the state depa,_.,e.., 4 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 "eatffiefft systeffi 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
he "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 Countv 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 17th day of February, 2015.
ATTEST:
Tina Allard, City Clerk
Last Updated March 2014
John J. Dietz, Mayor
p0WIRE0 0Y
UREI
iver
Ordinance 15 -
to be removed
Underlines to be added
An Ordinance Amending Section, 78 -I, "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) Abdication, 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.
Last Updated March 2014
f
Py�
0 W I R 1 9 8
UREI
-.:..:u:.w.■
..
■ ■
.■: �s■:i.:.:..■♦::■■
a: iaa► i�■■ s. i�.. i�•u.:.teiJ:�:i:.:...�►:�w■iie-
•
i
Last Updated March 2014
f
Py�
0 W I R 1 9 8
UREI
to be removed
Underlines to be added
i��i��u• �- a�iQ�ii��awi...• ie• asaaaw: �wQ. � .�i����G�i.•w>rww�uure.iu�r�i�. viii
ii. Two hundred linear feet of trenchi� equivaleiat to 600 square feet, at least two-
> 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 comely with Sherburne
cesspools County Zoning Ordinance 17.5. wi--.. ti
: he
cleaned of sludge. The hottom shall be broken to pertnit drainage, aiad the tank or pit filled m
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:
- .-
�an:i:s�w z•wlu•�aualy�
SECTION 4. 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 17th day of February, 2015.
Last Updated March 2014
p 9 W I R 1 0 8
UREI
_ _ _
72" .w•.i...�a: •:.
.wa.. .usa:�n:�.u.:.a•:u:.ui.•.•:�aa.
•
i��i��u• �- a�iQ�ii��awi...• ie• asaaaw: �wQ. � .�i����G�i.•w>rww�uure.iu�r�i�. viii
ii. Two hundred linear feet of trenchi� equivaleiat to 600 square feet, at least two-
> 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 comely with Sherburne
cesspools County Zoning Ordinance 17.5. wi--.. ti
: he
cleaned of sludge. The hottom shall be broken to pertnit drainage, aiad the tank or pit filled m
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:
- .-
�an:i:s�w z•wlu•�aualy�
SECTION 4. 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 17th day of February, 2015.
Last Updated March 2014
p 9 W I R 1 0 8
UREI
to be removed
Underlines to be added
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
P 0 w I R I u 0r
v'AUR
Last Updated March 2014 lotI