SECTION 1.0 GENERAL PROVISIONS
1.1 Statement of Purpose and Intent. These regulations are adopted for the following purposes:
a.To protect the surface and ground waters of Kandiyohi County;
b. To avoid creation of a public health threat;
c.To provide reasonable design standards and procedures for the installation of sewage treatment systems in Kandiyohi County;
d.To promote and provide for the public health and general welfare of Kandiyohi County residents.
1.2 Statutory Authorization. This ordinance is adopted pursuant to Minnesota Statutes Sections 115.03, 115.55, 115.56, and 375.51, or successor Statutes.
1.3 Abrogation and Greater Restrictions. It is not the intent of this ordinance to abrogate or to impair any existing Kandiyohi County Ordinance. However, where this ordinance is more restrictive, it shall take precedence.
1.4 Interpretation and Application. The provisions of this ordinance shall be considered minimum requirements, shall be liberally construed in favor of Kandiyohi County and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes.
1.5 Severability. The provisions of this ordinance shall be severable and the invalidity of any portion thereof shall not make void any other provisions.
1.6 Jurisdiction. This ordinance controls all individual sewage treatment systems in Kandiyohi County, excluding any public sewer districts established by the Kandiyohi County Board of Commissioners.
SECTION 2.0 DEFINITIONS
2.1 For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows: the word “shall” and “must” are mandatory, the words “should” and “may” are permissive. All distances, unless otherwise specified, shall be measured horizontally. Unless otherwise specifically defined herein all words and phrases defined in Minnesota Statutes, Sections 115.03, 115.55, 115.56, and in Minnesota Rule 7080 shall have the same meanings when used in this ordinance.
SECTION 3.0 SEWER SYSTEMS
3.1 The Minnesota Individual Sewage Treatment Systems Standards (Minnesota Rules, Chapter 7080, parts 7080.0020, 7080.0060, 7080.0065, 7080.0110, 7080.0115, 7080.0120, 7080.0125, 7080.0130, 7080.0150, 7080.0160, 7080.0170, 7080.0172, 7080.0175, 7080.0176, 7080.0178, 7080.0179, 7080.0305, 7080.0310, and 7080.0315, as from time to time amended or modified by the Minnesota Pollution Control Agency, is hereby adopted by reference and made part of this Ordinance as if fully set forth herein. All development proposed in any of the zoning use districts established by the Kandiyohi County Zoning or Subdivision Ordinance shall comply with the sanitation standards herein provided.
SECTION 4.0 STANDARDS
4.1 Public sanitary sewers shall be installed as required by standards and specifications established by the Board of County Commissioners on a case by case basis.
SECTION 5.0 FRANCHISE
5.1 Where municipal public sanitary sewer is not available, the Board of County Commissioners may by ordinance grant a franchise for such sewers to serve properties in a specific area if a complete and adequate community sanitary sewer system and plan are designed and complete plans for the system and plant are submitted to and approved by the Board of County Commissioners and the Minnesota Pollution Control Agency before construction.
SECTION 6.0 SEWAGE TREATMENT
6.1 Any building used for human occupancy must be provided with an adequate method of sewage treatment disposal. “Other Establishments” as defined by Rule 7080 must meet the requirements of the Minnesota Department of Health and this Ordinance.
6.2 Publicly-owned sewer systems must be used where available. Availability shall be determined by the Kandiyohi County Director of Public Works.
6.3 All private sewage treatment systems must meet or exceed applicable rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency, and all other applicable State, Federal, or local government requirements.
6.4 All lots of record created after January 23, 1996 must have a minimum of two soil treatment areas which can support a standard soil treatment system.
SECTION 7.0 LICENSING REQUIREMENTS
7.1 No person, firm, or corporation shall design, install, construct, repair, pump, or inspect on-site sewage treatment systems or haul on-site septic waste within Kandiyohi County unless a license to carry on such activity has been issued by the Minnesota Pollution Control Agency, and such license remains valid.
7.2 No person, firm, or corporation shall design, install, construct, repair, pump, or inspect on-site sewage treatment systems or haul on-site septage waste within Kandiyohi County without procuring and posting with the Minnesota Pollution Control Agency a current bond in an amount specified by said agency.
7.3 No person, firm, or corporation shall design, install, construct, repair, pump or inspect on-site sewage treatment systems or haul on-site septage waste within Kandiyohi County without procuring and submitting to the Zoning Administrator or Agent a current license number issued by the Minnesota Pollution Control Agency for design, installation, inspection, or pumping.
7.4 A property owner self-installing or repairing an on-site sewage treatment system on the owners property shall be exempt from the license requirement to install, but will be required to obtain a site evaluation and design report from a Minnesota PollutionControl Agency currentlylicensed designer I or II and a permit from the ZoningAdministrators office. The property owner will further be required to have the system inspected by a registered qualified employee, or a Minnesota Pollution Control Agencycurrentlylicensed inspector if Section 12.1is unable to be met.
7.5 A farmer who pumps sewage waste from individual sewage treatment systems
from dwellings or other establishments that are owned or leased by the farmer and disposes of those wastes on land that is owned or leased by the farmer shall not be required to obtain a license under this subdivision.
7.6 Property owners are prohibited from installing their own system if it is a pressurized system.
SECTION 8.0 PERMITS
8.1 The property owner or his or her agent shall be responsible for obtaining a permit from the Kandiyohi County Zoning Administrator or Agent for the installation, alteration, or extension of an on-site sewage treatment system. No person, contractor, firm, or corporation shall install, alter, or extend an on-site sewage treatment system in the County until such a permit has been issued by the Zoning Administrator or Agent.
8.2 Applications for permits shall be made in writing by the owner or agent upon a form furnished by Kandiyohi County and must be accompanied by a fee as established by the Kandiyohi County Board of Commissioners. Such permit shall be valid for a period of twelve (12) months from the date of issuance unless extended by the Zoning Administrator or Agent.
8.3 Each application for a permit shall have thereon the correct legal description and tax parcel number of the property on which the proposed installation, alteration or extension is to take place. Each application for a permit shall be accompanied by a site plan of the land showing the location of any proposed or existing buildings located on the property with respect to property boundaries and complete plans of the proposed system with design data attesting to compliance with the minimum standard of this ordinance. A complete plan shall include the location, size and design of all parts of the system to be installed, altered or extended. The application shall also show the present or proposed location of water supply facilities and water supply piping, and the name of the person, firm or corporation who has or will install the water system. The applicant shall provide such further information as may be required by the Kandiyohi County Zoning Administrator or Agent.
8.4 The County Zoning Administrator or Agent may waive this section for an individual making minor repairs on his/her own system.
SECTION 9.0 CONSTRUCTION REQUIREMENTS
9.1 All on-site sewage treatment systems installed, altered or extended shall conform to the standards of the code herein adopted by reference. All persons, firms, or corporations shall follow Minnesota Rule 7080 and this ordinance. No system may be installed which is not in compliance with Minnesota Rule 7080 and this ordinance.
SECTION 10.0 MORE RESTRICTIVE CONSTRUCTION REQUIREMENTS
10.1When a system is designed for an area that has been filled, all fill shall be removed and replaced with washed sand and such system shall be pressurized. Or percolation tests shall be taken to determine whether an acceptable percolation rate can be achieved in the fill. Systems installed in fill soils shall be considered “Other” systems and shall require submission of a monitoring and mitigation plan.
10.2 A drop box shall be required for each trench and an inspection pipe on each drop box shall be brought to finished grade.
10.3 No On-site sewage treatment system may be installed in any road right-of-way, unless a written statement of approval from the appropriate unit of government is received with the permit application, and the system meets all other requirements of this ordinance. A percolation test shall be required prior to any such installation, to determine if an acceptable percolation rate can be achieved.
10.4 The inlet pipe extending from the septic tank to the undisturbed soil in front of the tank must meet the strength requirements of American Society for Testing and Materials (ASTM), schedule 40 plastic pipe and must be supported so there is no deflection during the backfilling and subsequent settling of the soil between the edge of the septic tank and the edge of the excavation.
10.5 Any existing block type septic tank shall not be considered a sealed septic tank.
10.6 Use of “Alternative” or “Other” systems are allowed only in areas where a standard system cannot be installed, or is not the most suitable, as determined by the Zoning Administrator or assigned agent.
10.7A minimum of two (2) soil observations shall be conducted for each permit application. A soil pit of at least 6 feet in depth may substitute for 2 soil observations made using a probe or auger. All bored soil observations shall be made with an auger or probe at least 2 inches in diameter.
10.8All new construction that involves a new septic tank shall have an effluent screen installed at the outlet baffle.
SECTION 11.0 ADMINISTRATION
11.1 The Kandiyohi County Zoning Administrator or Agent shall administer and enforce the provisions of this ordinance.
11.2 The Zoning Administrator or Agent may adjust property line setbacks and building setbacks for an on-site sewage treatment system when it is determined that the adjustment will not harm the surface and ground waters of the State, injure the public health, safety, and general welfare, nor adversely impact the owners of adjacent property.
11.3 The Zoning Administrator or Agent will work with lake associations and other organizations to help identify non-complying sewage treatment systems and to heighten public awareness of the problem.
SECTION 12.0 NEW SYSTEM COMPLIANCE INSPECTIONS
12.1 The Zoning Administrator or Agent shall cause such inspection or inspections as are necessary to determine compliance with this ordinance. No part of the sewage treatment system or addition, extension or alteration shall be covered until it has been inspected and accepted by the Zoning Administrator or Agent. The installer of the system shall notify the Zoning Administrator or Agent that the job is ready for inspection or re-inspection. The Zoning Administrator or Agent shall make the inspection within twenty-four (24) hours after such notice has been given, excluding weekends and holidays. The owner or occupant of the property shall give the Zoning Administrator or Agent free access to the property at reasonable times for the purpose of making such inspections.
12.2If inclement weather or other event delays the inspection, the Zoning Administrator or Agent shall notify the installers and owner, and may extend the time for inspection as needed. The inspection shall not be unnecessarily delayed, however.
12.3If, upon inspection, the Zoning Administrator or assigned agent determines that an as-built report is necessary due to significant design changes, the as-built report shall be completed and submitted within fourteen (14) calendar days of the inspection date.
SECTION 13.0 EXISTING SYSTEM COMPLIANCE INSPECTIONS
13.1 All non-complying sanitary sewer facilities shall be regulated and upgraded in accordance with this ordinance.
13.2 All notices of noncompliance or certificates of compliance must be prepared and signed by a Minnesota Pollution Control Agency currently licensed inspector or designer I. A copy of the certificate of compliance or notice of noncompliance resulting from a compliance inspection shall be provided to the property owner and the Zoning Administrators office within thirty (30) days from the date of the compliance inspection.
13.3 When two (2) compliance inspections are submitted to the Zoning Administrators office with differing results a third party shall be contacted. The third party shall be a soil expert and shall only be verifying the depth to redoximorphic features that indicate a saturated soil.
13.4 An ISTS shall require a compliance inspection when any one of the following conditions occur:
a. In designated Shoreland Management Zones a sewage treatment system must be inspected by a currently licensed Minnesota Pollution Control Agency inspector or designer I, when any land use/building permit or variance is requested for any improvement on, or use of the property, exclusive of a deck, a yard shed 120 square feet or smaller, or an agricultural building that is exempt from building code requirements.
b. A sewage treatment system in any other zone must be inspected by a currently licensed Minnesota Pollution Control Agency inspector or designer I when a land use permit for a bedroom addition is requested for the property.
c.No owner of a tract of land on which a dwelling is located, or a tract of land on which a structure is required to have an individual sewage treatment system is located, shall sell or transfer to another party said tract of land unless requirements as stated in Section 14.0 of this Ordinance are met.
d. At any time the Zoning Administrator or assigned agent deems appropriate such as upon receiving a complaint or other information of system failure.
13.5The Zoning Administrator or agent shall require a system identified as non-complying to be upgraded, replaced, or its use discontinued within an appropriate time no greater than ten (10) months if such system is declared to be an imminent public health threat. In all other cases within two (2) years unless the Zoning Administrators office finds evidence of an imminent public health threat, then within an appropriate time no greater than ten (10) months.
13.6The Zoning Administrators office will give consideration to weather conditions as compliance dates are established.
SECTION 14.0 SALE OR TRANSFER OF PROPERTY
14.1An MPCA Compliance Inspection Form for an existing ISTS shall be provided by the seller to the buyer at or before the time of closing. Based on the status of the ISTS, the Compliance Inspection Form shall serve as a Certificate of Compliance or a Notice of Noncompliance.
14.2In the event the MPCA Compliance Inspection Form documents a Notice of Noncompliance and indicates the ISTS is failing the ISTS shall be replaced or upgraded to MN Rules Chapter7080 standards within two (2) years. The property sale or transfer may occur with the stipulation that the seller and buyer have a signed agreement as to who is responsible for the replacement or upgrade of the ISTS. A copy of this agreement must be submitted to the Office of the Kandiyohi County Auditor-Treasurer at or before the time of closing.
14.3In the event the MPCA Compliance Inspection Form documents a Notice of Noncompliance and indicates the ISTS is an imminent threat to public health or safety the ISTS shall be replaced or upgraded to MN Rules Chapter7080 standards within ten (10) months. The property sale or transfer may occur with the stipulation that the seller and buyer have a signed agreement as to who is responsible for the replacement or upgrade of the ISTS. A copy of this agreement must be submitted to the Office of the Kandiyohi County Auditor-Treasurer at or before the time of closing.
14.4In the event that one of the exemptions listed in subsections 14.6 or 14.7 of this section applies, Kandiyohi County Disclosure of Existing ISTS form must be signed by both parties to the transaction.
14.5The Kandiyohi County Disclosure of Existing ISTS form, the MPCA Compliance Inspection Form, and agreements between the seller and buyer, if required shall be filed with the County Auditor-Treasurer along with the Certificate of Real Estate Value.
14.6Exempt Transactions. The MPCA Compliance Inspection Form need not be completed if the sale or transfer of property involves the following circumstances:
a.The tract of land is without buildings or contains no dwelling or other buildings with plumbing fixtures.
b.No Certificate of Real Estate Value need be filed with the County Auditor as per Minnesota Statutes, Chapter272.115.
c.The sale or transfer completes a contract for deed entered into prior to (date of amendment adoption). This subsection applies only to the original vendor and vendee on such a contract.
d.Any dwellings or other buildings with running water that are connected to a municipal wastewater treatment system.
e.The property owner discloses that the ISTS does not meet MN Rules Chapter7080 requirements, is not functioning properly and would be considered failing or an imminent threat and must be replaced or upgraded to MN Ruled Chapter7080 standards within 10 months. The property sale or transfer may occur with the stipulation that the seller and buyer have a signed agreement as to who is responsible for the replacement or upgrade of the ISTS. A copy of this agreement must be submitted to the Zoning Department at or before the time of closing.
14.7Transactions Occurring Between November 1 and April 30. If the transaction occurs between November1 and the following April30 and the Compliance Inspection cannot be completed due to ground conditions, the property sale or transfer may occur with a stipulation that the seller and buyer have a signed agreement as to who is responsible for the Compliance Inspection, which must be completed by June 1, and who is responsible for the replacement or upgrade of the ISTS if a Notice of Noncompliance is issued.
14.8Prohibition Against Transfer of Property. No real property in Kandiyohi County shall be transferred unless the parties to the transaction have complied with the requirements of this Ordinance.
SECTION 15.0 CLUSTERED SEWAGE TREATMENT SYSTEMS
15.1Clustered sewage treatment systems serving more than 3 homes shall be required to obtain a conditional use permit in accordance with the Kandiyohi County Zoning Ordinance.
15.2Homes served by clustered sewage treatment systems shall require a water meter or pumping event counter to measure water use.