Agenda - Council - 05/13/2014 - Laserfiche WebLink

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Our Mission: Toworktogethertoresponsilygrow ourconemunilyand toprozriIt quality,cost-effective, and of&cientgovernmentseivices CC Regular Session 7. 3. Meeting Date: 05/13/2014 By: Rick Jarson, Community Development Information Title: Consider Adoption of Ordinance #14-03 Amending City Code Chapter 113, Article II Entitled Individual Sewage Treatment Systems as Required by the Minnesota Pollution Control Agency (MPCA) Purpose/Background: The purpose of this case is to consider adopting Ordinance #14-03, which would amend Individual or Subsurface Sewage Treatment Systems due to a recent amendment to Minnesota Rules 7080-7083. Generally speaking, the amended State rules do not change the City's existing design requirements, but amend the information the contractor must provide and the City must collect. The purpose of private septic system regulation is to allow for the long-term success of these individual systems while balancing the protection from imminent health threats and contamination of ground water supplies due to faulty systems. Minnesota Rules 7080-7083 provide guidance on how septic systems are designed, constructed, and regularly maintained for proper function. Ramsey has approximately 4,400 private septic systems that it is required to ensure compliance with these Minnesota Rules. Staff will provide an overview presentation of the key highlights of the amended rules as well as an overview of the design and function of a typical septic system. The City has a resource page at www.cityoframsey.com/septic. Ordinance #14-03 was introduced by the City Council at their April 8, 2014 meeting and is now eligible for adoption. Notification: Notification nor a public hearing are required to amend Chapter 113. Observations/Alternatives: The current Individual Sewage Treatment Systems ordinance for the City of Ramsey is found in chapter 113, article II of the Ramsey City Code. The ordinance was last updated in 1998. Since that time, the State Statutory laws regulating on -site sewage treatment systems have undergone substantial changes. These changes have prompted the need to update and change the city ordinance to reflect the current laws. The current city code also has a provision that addresses the point of sale or transfer of property. This provision is not a requirement of State Statute or Rule. However, some local units of government have chosen to include it in their ordinance. The provision requires an inspection of the on -site sewage treatment system and requires a Certificate of Compliance be provided by the seller to the buyer at or before closing. The benefit to the homeowner is a better assurance that they are purchasing a functioning system. The benefit to the community is another checkpoint in which the City can verify that the system is not posing a risk to adjacent parcels or groundwater supply. This inspection is performed by a private contractor (not the City) to determine if an existing system is protective of public health and/or impacts groundwater. A system which impacts public health may include: 1. System which discharge sewage to the surface. 2. System which chronically back-up sewage into the structure. 3. System which are unsafe (i.e., cracked tank lids, improper electrical wiring, etc.). A system which fails to protect ground water may include: 1. Seepage pits, cesspools, or other types of pits. 2. Septic tanks that leak below their operating depth. 3. System with an inadequate thickness of suitable soil beneath the soil dispersal system. An inspection which discovers any of these issues will lead to costly repairs which may not be disclosed at the time of sale. The advantages of this inspection are: 1. Provides disclosure to the buyer as to the condition of the system. 2. Provides protection to the buyer from spending thousands of dollars to repair a system which was not working properly before they purchased. 3. Discover old systems that are failing and provides for remedial action. The proposed ordinance would retain the point of sale provisions currently in the city code. History of Statutory Requirements for Local SSTS Ordinance Programs On February 4, 2008, in accordance with Minnesota Statutes, Chapters 103F, 103G, 115, and 116, the Minnesota Pollution Control Agency (MPCA) promulgated revised rules for the regulation of subsurface sewage treatment systems (SSTS). These rules provide minimum environmental protection standards for SSTS to protect the public health, safety, and general welfare by regulating the discharge of adequately treated sewage to groundwater. The standards relate to the proper location, design, installation, use, and maintenance of SSTS and the requirement for counties to adopt ordinances that reasonably ensure proper permitting, inspection, and operation of SSTS. The original Chapter 7080, "Individual Sewage Treatment Systems", was replaced with four chapters: a. Chapter 7080, "Design Standards for Individual Subsurface Sewage Treatment Systems",