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,
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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
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
5.1
STANDARDS
FRANCHISE
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
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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
Pollution Control Agency currently licensed designer I or II and a permit from the
Zoning Administrators office. The property owner will further be required to have
the system inspected by a registered qualified employee, or a Minnesota Pollution
Control Agency currently licensed inspector if Section 12.1 is 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.
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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
10.1
When 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
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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.
10.7
A 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.
10.8
All 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.
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12.2
If 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.
12.3
If, 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.
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d.
At any time the Zoning Administrator or assigned agent deems appropriate
such as upon receiving a complaint or other information of system failure.
13.5 The Zoning Administrator or agent shall require a system identified as noncomplying 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.
13.6
The Zoning Administrators office will give consideration to weather conditions as
compliance dates are established.
SECTION 14.0 SALE OR TRANSFER OF PROPERTY
14.1
An 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.
14.2
In 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 Chapter 7080 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.
14.3
In 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 Chapter 7080 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.
14.4
In 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.
14.5
The 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.
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14.6
Exempt 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, Chapter 272.115.
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
Chapter 7080 requirements, is not functioning properly and would be
considered failing or an imminent threat and must be replaced or upgraded
to MN Ruled Chapter 7080 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.
14.7
Transactions Occurring Between November 1 and April 30. If the transaction
occurs between November 1 and the following April 30 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.
14.8
Prohibition 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
15.1
Clustered 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.
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15.2
Homes served by clustered sewage treatment systems shall require a water meter or
pumping event counter to measure water use.
15.3
If a clustered sewage treatment system is designed to serve 10 or more homes, a
licensed soil scientist shall be retained to determine the depth to redoximorphic
features as it relates to sewage treatment system design.
15.4
A design for a clustered sewage treatment system shall include the details of the
proposed homeowner’s association or like entity formed to address ongoing
operation and maintenance of the system.
15.5
The design for a clustered sewage treatment system shall include monitoring and
mitigation provisions including proposed testing parameters and frequency.
15.6
Clustered sewage treatment systems shall only be allowed where soil conditions or
space restrictions preclude the use of individual sewage treatment systems, or
where otherwise deemed appropriate by the Zoning Administrator.
SECTION 16.0 OTHER REQUIREMENTS
16.1
Sewage tanks greater than 10 years old must be completely pumped and inspected
before re-use with a new soil treatment system.
16.2
Licensed septic system contractors may not inspect their own work for compliance.
16.3
When required, pumping contracts must be submitted with the design, must be
signed by the contractor and landowner, and must be on forms provided by the
Zoning Administrator’s Office.
16.4
Chamber systems shall be allowed as a warranted system with a maximum of 40
percent reduction from standard system sizing.
16.5
A landowner shall not cover any portion of a sewage treatment system with a
structure or any impervious surface such as concrete or asphalt, or a gravel
driveway.
SECTION 17.0 VIOLATIONS AND PENALTIES
17.1
Any person, firm, or corporation who violates any of the provisions hereof or who
fails to comply with any of the provisions or who makes any false statement in any
document required to be submitted under the provisions hereof, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine and/or by
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imprisonment as authorized by law for punishment of a misdemeanor. Each day
that a violation continues shall constitute a separate offense.
SECTION 18.0 ENFORCEMENT
18.1
This ordinance shall be administered and enforced by the Zoning Administrator or
Agent, who is here-by designated the enforcing officer.
18.2
When any development project or land use operation shall have been stopped by
the Zoning Administrator or Agent for any reason whatsoever, it shall not again be
resumed until the reason for the stoppage has been completely removed. All
installation and construction of other septic systems to be installed by the installer
shall also be stopped until the previous violation has been completely removed.
18.3
In the event of a violation or a threatened violation of this ordinance, the Board of
County Commissioners or any member thereof, in addition to other remedies, may
institute appropriate actions or proceedings to prevent, restrain, correct or abate
such violations or threatened violations, and it shall be the duty of the County
Attorney to institute such action.
SECTION 19.0 VALIDITY
19.1
Should any section or provision of this Ordinance be declared by a court competent
jurisdiction to be invalid, such decision shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part so declared to be
invalid.
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