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3.1.G. SR 02-21-1994 . . e . e ITEM 3 . 1. G . 6.3a. Extension of Time on Sewer Hookup Pat Klaers distributed a petition from the residents in the Westwood Area requesting a five year time limit on hooking up to City sewer. Elk River City Council Minutes April 20, 1992 Page 16 Pat Klaers indicated that the extension of time on sewer hookups was discussed by several of the residents that came in during the open house discussions on the Westwood assessments. He stated that the City's current ordinance allows two years to hook up to the City sewer. He indicated the City is recommending a time extension of one year. Councilmember Dietz questioned whether the City would be setting a precedence by allowing the time extension. Peter Beck, City Attorney, suggested that the time extension for sewer hook up be awarded through a variance. He further indicated that a stipulation of the variance would be that the homeowners would have to prove that their current septic system is working. Rickie Buttweiller indicated that the survey taken by her and Eleanor Todahl to request an extension to the sewer hookup listed certain stipulations such as the homeowner not having sewer problems. Rickie Buttweiller further stated that there are a lot of people with newer septic systems that would like to get more use out of them prior to hooking up to the City's system. She further stated that those homeowners with larger assessments and those that could not afford to pay t~eir assessments would be given more time to save money for the hook up. Peter Beck suggested that the time extension for sewer hook up be looked at as a long term solution, and that all property owners should be treated the same. Eleanor Todahl stated that the time extension would help her and other seniors and people with low incomes to save money to hook up to the sewer. Councilmember Dietz suggested that the City compromise and allow a.four year time period to hook up to the City sewer. It was the consensus of the Council to direct staff to draft an ordinance which provides for a four year time frame to hook up to City sewer and that stipulations be placed on the time extension requiring an annual review prior to each year of extension. :;-" ~"rr?J r'~ le "" -., un:~.J7 1: j V t D AUG [J:5 f~a e _ / ~ ~ ~ ~ *' CONSULTING ENGINEERS IIIfIIr"WI Maier Stewart & Associates Inc. July 30, 1992 File No: 230-116-30 Mr. Pat Klaers Administrator City of Elk River 720 Dodge Avenue N. W. Elk River, MN 55330 RE: ONSITE SEWER SYSTEM REVIEW WESTWOOD AREA Dear Mr. Klaers: As requested, we have reviewed the issue of inspecting onsite sewer systems relative to a request for time extension to connect to City sewer facilities. In reviewing this issue, we have relied on a portion of the 1991 edition of the Onsite Sewage Treatment Manual. We have attached a copy of the portion of that manual dealing directly with determining if a system is conforming. The process outlined in this document for determining nonconforming systems has 10 steps. Basically, a system is reviewed against each step in order. If the process reaches step 10, the system is conforming. We believe this provides a reasonable process by which to evaluate systems for a hookup time extension. e A brief summary of the process is as follows: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 e If no system is present, or a system is shared by more than one property, it is nonconforming. A cesspool, dry well or seepage pit is determined to be nonconforming. Any system that discharges directly to a lake, surface or tile line is immediately determined to be nonconforming. If water table is less than 3 feet below the lowest point in the on site system, the system is determined to be nonconforming. This is because adequate treatment is not being maintained before reaching the water table and ultimately the lake. This will require a soil boring to determine this information. If the native soil has a percolation rate of greater than 5 minutes per inch there could be a problem with treatment quality. Given the short duration of extension period (2 years) this issue should not be used to determine conformance. 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 · Equal Opportunity Employer . e e CITY OF ELK RIVER JULY 30, 1992 PAGE TWO System sizing could have a negative effect if it is too small. Again, this item should not be used to determine conformance given the short period of the extension. Setbacks are only a concern when they are not met relative to a well. In the Westwood Area many wells are shallow, requiring a 100 foot setback. If the well setback is not met, the well should be investigated to see if there are any negative impacts. If there are, the system would be considered nonconforming. STEPS 8 & 9 These deal with maintenance and would not be a major concern given a maximum extension of two years. STEP 6 STEP 7 If the analysis of an onsite system gets to this step with no problem areas noted, the system would be considered conforming and would quality for an extension. We hope this information is helpful in setting up an extension process. Reviewing a system against this criteria should be relatively inexpensive since it only requires a site inspection, a soil boring and a well water test if the setback is not met. It would be relatively easy to set up a form for a homeowner to have a certified septic system installer use to review a system using this criteria. STEP 10 If you have any questions, please call. Sincerely, MAIER STEWART AND ASSOCIATES, INC. .~Wff~ Te; ;ii(u~~;' ;.E. TJM/ks enc. 116-3oo1.JUL e e . lvlINNESOTA EXTENSION SERVICE U~IVERSITY OF ~1rNNESOT A Department of Agricultural Engineering 201 Agricultural Engineering Building 1390 Eckles Avenue 51. Paul. Minnesota 55108 (612) 625-9733 1991 FOREWORD This 1991 edition of the Onsite Sewage Treatment Manual presents current updates in the technology of onsite sewage treatment. The format of the Manual has changed to make it more user friendly. The intergration of text and figures should make it a more usable document. The Manual is used as the teaching textbook for the three-day Basic and Recertification Onsite Sewage Treatment Workshops conducted throughout Minnesota each year. The Manual is also meant for continuing use as a reference. It contains tables and diagrams used to explain the design and operation of onsite sewage treatment systems to homeowners. Comments are invited on improvements to the Manual. The material in this. Manual is based on the recently updated Minnesota Rules Chapter 7080. All diagrams and charts reflect these changes. Since the voluntary certification program began in 1980, 2192 individuals have passed the ~-hour written examination. A total of 1553 individuals are currently either fully or provisionally certified as inspectors, installers, site evaluators, designers or pumpers. While certification is voluntary and not required by State law, at least 19 Minnesota counties require certification and 8 other counties require either Workshop attendance or taking the certification examination. A number of other counties have similar ordinances in process. The Statewide Water Planning Process also has brought the onsite training program to the forefront in local government circles. ~/A~ ;:l: L. Anderson Extension Soils Scientist Universitv of Minnesota .. Davi M. Gustafson Extension Specailist University of Minnesota JLA/DMG UNIVERSITY OF MINNESOTA. U.S. DEPARTMENT OF AGRICULTURE. AND MINNESOTA COUNTIES COOPERATING F~ow Chart for Conforming System Determination e Lack of System It 00000000000000000000000000000000000 ~gCCCCCCCCCCCCQQQQccccccccCCCCCCg~8 LN on Conforming Syste~g OOCCCCCDDoccccccccCCCCOCODOOOOCOCOO 00000000000000000000000000000000000 00000000000000000000000000000000000 · H running water is available inside the residence a greywater system is necessary. Other Problem 0.f.~~~i~~l~:j~;~:f:~;~W~ ::;~~:~1~~~{:~~~~:::~:f~::~:~:::~:~~~~::~~)~;~;t~~~{;~~~~~~:~~~?d~~~~}~~~ H-lO e SEEPAGE PIT (DRY WEL ) ~ ~~'''' Figure H-8 e waste household sewage or liquid waste is discharged and from which liquid seeps into the surrounding soil through bottom openings in side of the pit. A system that meets these definitions is automatically detemlined to be a nonconforming system, because this type of system does not maintain the-level of treatment required to discharge effluent into the surrounding groundwater. Seepage Pit= Nonconforming Thes~ systems should be upgraded when loc~lted. The solutions for these systems may be varied, but in some cases, offsite collector solutions may be necessary. Direct Discharge to Lake Surface or Tile Step 3 Any system that directly discharges effluent to the surface or drainage tile is considered nonconforming. These systems maintain no treatment and must be upgraded. They cause the most severe damage to lakes or other surface waters, not only in the transfer of nutrients but in the possible spread of disease as well. These systems would probably be the first recognized by infrared air photography. Water Table Less Than 3 Feet from the Bottom of the Existing Treatment System Step 4 e For this decision to be completed, the water table must be first determined. In most shoreland situations, the high water mark of the lake and the water table are essentially the same. In some cases, however, the water table may follow the topography of the land and will be indicated by soil modeling. (See Figure H-9.) .e H-ll Ground Surface Lake New Groundwater Level A boring will be necessary to m~lke this detemlination. Also, the de~pest point of the onsite sewage system must be located as well. If this distance is less than 3 f~et, then treatment is not bein!! maintained and the system is considered nonconfomling. - Soil Texture Greater Than 5 Minutes per Inch e If the soil texture is sandy enough for the percolation rate to be greater than 5 minutes per inc.'h, then the system should be lined with some type of liner or divided into 4 equal systems. If this is taken care of, then there is no problem. If it isn't, then this should be reviewed for impact. These systems are not automatically determined to be non-conformin!! but should be reviewed and a decision made. The review would include a determinmion of impacts. These impacts would be measured by ~ldditional wmer quality testing on the site. Proper System Sizing Proper system sizes are based on the size of the home at the site and soil texture. System size can be detemlined by using the graph on page 22 of Chapter 7080 and table 3 on page 23 in Chapter 7080. If the size does not equ~ll the requirement, this again, should be noted. These systems are not considered nonconforming unless a negative impact has taken or is t~lking pl:lce. Proper System Setbacks .:e The svstem should be reviewed to meet the setbacks for all the different features on table 4 in Chapter 7080 on page 23. If it doesn't, it should be reviewed for impact. The amjor concern would be the well/system setback. This would pose a problem that would need addressing. If there are no negative impacts, then move down the chan. If there are negative impacts, then there should be some discussion about a nonconfomling system. Original Groundwater Surface Figure H-9 Step 5 Step 6 Step' 7 e H-12 Improper Maintainence The next portion deals with systems that are not maintained. The two concerns are: backing up into the home and ~l wet area in the back yard. Both of these problems can be caused by improper maintenance, excessive water use or undersizing. The maintenance of the system must be verified before calling this system nonconforming. If the problem persists after the system has been properly maintained, or if additional problems arise during the maintenance process, this is considered a failing system and is considered nonconforn1ing. If the problem does not persist. then this could be a conforming system. Conforming System If you have gone through each of these steps and been able to answer each question and move forw~lrd on the list, then you have a conform- ing system. e Floodplain Management in Minnesota e The 1969 Minnesota State Legislature emlcted the Minnesota Floodplain Management Act, which contains the set of policies and guidelines that all state agencies and local units of government must adhere to when involved within the broad umbrella of flood plain management activities. The Depanment of Natuml Resources (DNR) is the lead agency in Minnesota in implementing the State Floodplain Management Act. The State Legislature has developed a flood damage reduction philosophy emphasizing nonstructurdl floodplain management, which includes floodplain zoning, flood proofing and flood warning practices. In fact, the Legislature has declared that "floodlain anagement ordinances are to be given primary consideration in the reduction of flood damage in Minnesota and that alternative methods- - - (such as dikes, levees and floodwalls) for reducing flood damage may not be carried out before adoption of floodplain management ordinances by local units of governmenL" In addition, floodplain regulations are not to prohibit floodplain development but are to provide for the wise development of floodplains of this state. Steps 8 and 9 Step 10 A Floodplain Management _ Philosophy e Determining Nonconforming Systems - e One of the major changes in the Shoreland Management Regulations is the requirement of proof that propeny has a conforming onsite treatment system. This burden of proof is on the propeny owner and is necessary to receive a permit to complete any improvement of the property. Chapter 7080 lays out requirements for a confomling system on page 9nOXO.OO60 (Treatment required). This description has been transferred into the flow chart in Figure H-6. The discussion is a step- by-step walk-through of this flow chan, explaining the decision process. Following the flowchart results in determining whether a propeny has a conforming or nonconforming onsite system. Lack of a System The first detennination is whether a system is located on the property at all. All properties with running water must have an onsite treatment system. If no system is found, that property is automatically consid- ered nonconforming. If no toilet waste is included in the effluent. a gray water system (7080.210 Appendix A, Subpart IV, Section 3 Gray Water Systems, Page 32) may be used in place of a complete onsite system. If the propeny is going to be further developed. a complete system should be installed. Cesspool, Dry Well or Seepage Pit The definition of these systems is included in Chapter 7080J)()20. (See Figures H-7 and H-8.) It includes :my underground pit into which HOUSE HOUSE SEWER /GROUND SURF^CE - >:w."L%:.~'-~/.~~'~~~~"<'~9.'~~"~ T PIPE .' I OR BAFFLES UTLET SEWER 4-- 6- DIA. SEWER OR CAST IRON PIPE ON 2-/_ GRADE SOLID PIPE "-l]:~.~ DRY :~.~ . 0 :.0. 0_. .; FALL PER -. ... WE .". 100 FT. J1~ "t.~: ...~.~. ~ ." ...".. o. -.:." :::~.";~:'",. ~.:- .... ~':.?:OCK ON BOTTOM B SIDES SEPTIC TANK LAYOUT OF SEWAGE SYSTEM USING DRY WELL Figure H-' H-9 Step 1 Step 2 JAMI:5 P. "ASUlIN AQUAT ~, HO"M"N JAt;ll " ",,~y D. IIENNtT'" lINDO"EN OERAlD H. '''IEOEll ~lL~N E. MIJLl'O~N JAMEa G. EIlJeAaON ..0 .J. O'USC::CLL. N. 'V&.~I.JoC D. 'VU"[R ERT E. eOfll , ""'NII I. H^,!Vn CHAlllEa II. MODEll CHRlllTOf'HER J DIETZEN JOH 111/\ tI:,,'l'Tir llNfI" i-l. rlll-lt/\ THOMAll I' STOlT"A" MICHAEl C. JACK"".. JOHN E. DIEHL JON II. aW'f"ZfWllll' TI"lOMA& "J. 't.'f"'N JAMtt ~ (JUINN IUUU I. "d.!'''''AN ..LH.N....IILL.. i~I~~=,\t n"~~Iff~~r. C;i:.RAI.O... "II;K .JU~I N _. LUNOUVISo r pAY\~ NO\o^N I:ILlaC,nQ- T...OM.... 8, kUMPt..Rl;v, .fR M'Gt'''EI, T MliI~IM -'Q.IN A. COTTflP BEATRICE A, ROT~WIII.ER LAHKIN. HO....Pi"IAN. DALY & LINDGHJ-:N. LTD. ATTORNE;YS AT LI'\W I'AUL e. f'lVNMETT A\.A.... \.. KILDOW ""'"LEt.... M. N[W).4AN MIl:HASL &, ~"&"RON ""LaOR t E. "OR51...1> CIAi'll' A. Y-A.N CLEVE. I/h'"l:.. L, &OW~'" TOOD M. VLI'IfKOVICH 1'IMaTHY .I. MClM,.,,,,,,,a 1'1 '-'OTt4V ..). K~ANE PQNNA L. nD_Ac:iK M tC;J.lAS; L W. "l;WL~V M'C,"A[l A AOllEAr$QN LI&A A. ORA'" GAilY A. RINNE-ME '"ANNON K. Mf..CAMaIllIDGE. C~RI&TOPWI;R ~, l.fA.RRJ=STHA'-- WiLLI"" G GnlrrlTH, ....n. .OHN ~. STEF'ENH...Ot.. DANIEl W. V086 MAth. A "...I'H... JO.Ht". Hl'-l. ",MMII& K. M^''',tl T'!-IQM^B .). *'''VMOWI'l MICtl^I:~.). .MITH ,.Rr-n"'Jllc:.K K. "'AUSER III MAnv E' '101 Lonc:r,; A. m,u,acn \.ARny D. MAlItl~' 1500 NORWt15T FIN^NGIAL CUlT~1l '&00 )(tJl)(~$ AVENUE SOUTH BLOOMINGTON. MINNeSOTA !5$4.;a1 TELEPHONE UII;!1 S315-3flQO F"X ICiIC!1 090 :J:J::J:J Direct Dial Number (612) 896-3220 0' COuNSEL WIUUiELl. n. ^r-~Ca"*,Q~1 rJo~cru (jaTIG RIl.;.HAJlU A,. Nu..,uau. .....~O" .....OMIl"!"" IN W''5~O'''!'N December 1, 1992 Mr. patrick D. Klaers City Administrator City of Elk River 720 Dodge Avenue N.W. Elk River, Minnesota 55330 Re: Sewer Hook-up Ordinance Dear Pat: tltnclosed is a Draft Ordinance amending Section 1300.02 of the City's Code of Ordinances to provide a procedure for extension of the two (2) year periOd to connect to sanitary sewer. Please review and call me with your comments. Section 1302.10 of the Code in O~dinances presently provides that the sewer availability charge is paid at the time a sewer connection permit is issued. Therefore, extending the time to connect will extend to the time of connection the obligation to pay the SAC charge. The City has the authority to impose the SAC charge at the time the sewer is available (i.e., now). We could also require that it be paid at the end of the normal two (2) year period to connect. Please let me know if you would like me to draft any changes to the existing ordinance with respect to payment of the SAC charge. Water availability charges can also be imposed when water becomes available. I assume that the water utility makes decisions as to when WAC charges are imposed. Please let me know if you would like me to investigate this issue. _P~k' for ..,arkin, Hoffman, Daly & Lindgren, Ltd. EnclosureI PKB:HSOs e ORDINANCE 92 - CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 1300.02(4) OF THE CITY CODE OF ORDINANCES PROVIDING A PROCEDURE TO EXTEND THE TIME TO CONNECT TO A PUBLIC SEWER The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 1300.02(~) of the City of Elk River Code of Ordinances entitled nUse of Public Sewers" be amended to read as follows: 1300.02 - USE OF PUBLIC SEWERS g. (a. ) e ~. (b) e The owner of any building or property which is located within the City and from which wastewater is discharged shall be required to connect to a public sewer at his expense within two (2) years from the date said public sewer is operational, provided that said public sewer is within three hund~ed (300) feet of the structure generating wastewater and said pUblic sewer is located in a public right-of-way or easement for sewer purposes adjacent to the property. All future buildings constructed on property adjacent to the public sewer shall be required to immediately connect to the public sewer. If sewer connections are not being made pursuant to the paragraph, the City shall serve written notice on the affected property owner stating that if said connection is not made within ninety (90) days after the date of such notice, the connection will be made by the City at the expense of the owner and that if unpaid, the charge for such work will be made a special assessment against the property concerned. Such assessment, when interest at the legal rate for local improvements and shall be certified to the County Auditor and collected and remitted to the City in the same manner as assessments for local improvements. che rights of the City under this paragraph shall be in addition to other remedial or enforcement rights provided under this ordinance The requirement to connect to a public sewer within two (2) years from the date said sewer is operational may be extended by the City Council pursuant to the following procedures: ~ . i. Extensions for a period not to exceed one (l) year may be granted to single-family residential properties only, upon application by the property owner on a form provided by the City. No more than two (2) one (1) year extensions may be granted to any property. ii. The application form, which shall include authorization for the City or its designee to go onto the property to inspect the ~I 5 existing on-sit.e sewage syst.em, shall be \ 30 ~~ filed at least ninety (90) days before the I date that connection is required. The application shall be accompanied by an Ai application fee in an amount sufficient to 11 ,'S'flt~ pay the CitY'elcost of processing the application, as established by the City Council. e iii. The Application shall be referred to t.he City'S Consultant Engineer who shall investigate and prepare a report regarding the existing sewage system on the property and a recommendation as to whether the extension should be granted. On completion of the engineer's report the application and report shall go to the City Council for determination of whether to grant the extension. iv. If the extension is not granted, the property shall be required to connect to the public sewer pursuant to Section:J(a) above. If the extension is grant.ed, the requirement t.o connect in Section 3(a) above shall be extended by one (1) year, at the end of which one (1) year period all of the requirements of Section,(a) above shall be applicable. Section 2. That this ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this ____ day of , 1992. James A. Tralle, Mayor . 2.