Notice of a public hearing
Amendment to the Lake County Subsurface Sewage Treatment System (SSTS) Ordinance #11
The Lake County Planning Commission will hold a public hearing on the amendment to the Lake County Subsurface Sewage Treatment System Ordinance #11 on September 19, 2016 at 6:30 p.m. in the Silver Bay Service Center – Room 23, 99 Edison Blvd., Silver Bay, MN 55614.
Following the outcome of the meeting, the Planning Commission intends to make a recommendation to the Lake County Board of Commissioners; final action and approval will be made by the Lake County Board of Commissioners.
Draft language proposes to establish an administrative variance process with regard to MPCA standards for sewage treatment design when new lots are being created. Adoption of the administrative variance criteria would allow the Environmental Services Director to review proposed new lot creations on properties with less than a three-foot vertical separation between the constructed SSTS and the saturated soils or bedrock.
It should be noted that this publication is only a summary and that the draft SSTS language is available for inspection during regular office hours in the Lake County Planning and Zoning Office and also on the Lake County website: www.co.lake.mn.us. All interested persons are invited to attend the public hearing or to submit comments in writing prior or during the hearing.
DRAFT SSTS AMENDMENT AUGUST 2016
Article IV General Requirements
Section 1.0 Retroactivity
1.03. SSTS on Lots Created After January 23, 1996
Lots created after January 23, 1996 must have a minimum of two soil treatment and dispersal area that can support trenches, seepage beds, mounds, and at grades as described in Minnesota Rules, Chapters 7080.2200 through 7080.2230 or site conditions described in 7081.0270 Subp. 3 through 7. Variances from this specific provision may be processed administratively in accordance with Section 3.01,C. site Type I or Type III SSTS as described in Minnesota Rules, 7080.2200 and 7080.2300, except for lots that will necessitate a MSTS (Midsize Subsurface Sewage Treatment System) in which case, those lots must meet the site conditions described in 7081, 0270, subparts 3-7, as applicable. If a lot has one or more existing SSTS, a compliance inspection that includes an alternate site soil boring shall be conducted on each existing SSTS and require in lieu of a site evaluation on that lot. If applicable, two soil observations must be located on the contour and at each border of the drainfield media. The drainfield media corners must be identified with highly visible metal stakes. Subdivision soil observation logs must identify each septic site detailing the type of system, depth of suitable soil, and a design flow (gallons per day) based on a standard three bedroom system. Legal non-conforming lots shall adhere to the provisions in Article 28.0 of the Lake County Land Use Ordinance.
Article V
Section 2.0 Amendments to the Adopted Standards
2.02 Less Restrictive Adopted Standards
A. The County differs from MN Rules, Chapter 7082.0100, Subp. 3F by adopting the following: All lots created after January 23, 1996, must have a minimum of two Type I or Type II soil treatment and dispersal areas which meet the requirements of Article IV, 1.0
Article V
Section 3.0 Variances
3.01 Variance Requests
A property owner may request a variance from the standards as specified in this Ordinance pursuant to the County Land Use Ordinance and described in Section 3.02 or the standards established for lot creation in Section 1.03.
3.01, C. Administrative Variances - The Lake County Environmental Services Department may administratively process variance requests from the provision within Section 1.03 of this Ordinance through the following procedures:
1. Administrative Variance Appeals shall be filed to the Environmental Services Department on the forms provided by the department.
2. Appeal forms shall be complete, and shall be accompanied by all necessary documentation supporting the need for the variance along with a map of the property identifying all soil boring locations, which are also physically marked on the property, and a description of the types of systems proposed as alternatives to Type I systems.
3. After the Environmental Services Director has reviewed all of the information and conducted a site visit, a decision shall be made by the Director within the timelines established by Minnesota Statute 15.99 and notification of that decision shall be sent to the property owner and respective septic contractor, and shall include written reasons in sufficient detail to demonstrate that the decision was made based on the criteria within this Ordinance.
4. The Environmental Services Director may impose conditions in the granting of the variance to insure compliance and to protect adjacent properties and the public interest.
5. Decisions shall be final except that an aggrieved party may appeal the decision of the Environmental Services Director to the Lake County Board of Adjustment in accordance with Article 25.0 of the Lake County Land Use Ordinance.