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

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b. Chapter 7081, "Midsized Subsurface Sewage Treatment Systems", c. Chapter 7082, "Requirements for Local SSTS Programs", and d. Chapter 7083, "Subsurface Sewage Treatment Systems Licensing and Certification Program, Product Registration Program, and Advisory Committee". The recent rulemaking process resulted in the rules being adopted in March 2011. Minnesota Statute 115.55 Subd 2 requires all counties to adopt ordinances that comply with the revisions to the rules within two years of final adoption by the MPCA. It also allows the cities within each county to adopt ordinances that comply with the statute and are at least as strict as the county ordinance. Anoka County adopted their ordinance on April 23, 2013. MN Rules Chapter 7082 allows the cities another year after the county to update their ordinance. The MPCA must review the proposed ordinance to assure the ordinance complies with the requirements contained in MN Rules Chapter 7082. MPCA Review of Local Ordinances A copy of the local ordinance relating to SSTS must be submitted to the MPCA for review by the commissioner at least 30 days prior to their adoption (7082.0050, Subpart 2). The purpose of the commissioner's review is to confirm that the ordinance contains the provisions that are required by 7082.0100 subp 1, subp 2, and subp 3. Also, the review is to ensure that the adopted ordinance adequately protects public health and the environment considering the local circumstancekocal ordinances that are determined not to meet the requirements of Chapters 7080 through 7082 may be subject to administrative actions During the review process, the local unit of government is authorized to implement SSTS ordinances (7082.0050, Subp. 2B). Counties (or Cities) must confirm the inclusion of these items by completing the Ordinance Checklist provided by the commissioner of MPCA. This checklist must be included with the submittal of the proposed ordinance to the commissioner at least 30 days prior to the adoption of the ordinance. The location of each required provision in the proposed ordinance must be cited in th®rdinance Checklist. When Ordinance #14-03 was introduced at the April 8, 2014 City Council meeting, a question was raised regarding the point of sale compliance inspection requirement and whether that had any bearing on the requirement to have a system pumped once every three (3) years. For clarification, if, as part of the compliance inspection, the system is pumped, than the next required pumping would be within three (3) years of that date. However, if a system is not pumped as part of the compliance inspection, than this would not reset the three (3) year 'clock' and pumping would need to be completed based on the date of the last pumping. Alternatives Alternative #1 - Adopt Ordinance #14-03 as drafted. This alternative will ensure full compliance with Minnesota Rules 7080-7083. This alternative also includes the optional Point of Sale Compliance Inspection. Alternative #2 - Adopt an Amended Ordinance #14-03. This alternative depends on the specific amendment proposed by City Council. City Council could consider removing the optional Point of Sale requirement. All other standards of Ordinance #14-03 are a minimum standard of Minnesota Rules 7080-7083. Alternative #3 - Do not Adopt Ordinance #14-03. This alternative would result in the City falling outside of compliance with Minnesota Rules 7080-7083. Implications of this alternative vary, but could result in the program being taken over by MPCA or Anoka County. Failure to be in compliance with Minnesota Rules 7080-7083 also has potential implications in the status of the City's Comprehensive Plan. Alternative #4 - Direct Staff to begin discussions with Anoka County to determine if Anoka County is interested in administering the SSTS program for Ramsey. Staff has not had any discussions with Anoka County to this regard, and it is anticipated that Anoka County does not have adequate staffing levels at this time to administer the number of septic systems within Ramsey. The City would also lose a degree of control and responsiveness with this alternative. Funding Source: Ordinance #14-03 is being handled as part of normal Staff duties. Recommendation: As Minnesota Rules 7080-7083 have already been amended, Staff recommends that the City adopt Ordinance #14-03 in order for the City to remain in compliance with these State regulations. Action: Motion to waive the City Charter requirement to read the ordinance aloud; -AND- Motion to adopt Ordinance #14-03 Amending City Code Chapter 117, Article II pertaining to Subsurface Sewage Treatment Systems. Roll Ca11 Vote: Councilmember Backous Councilmember Johns Councilmember Tossey Councilmember Kuzma Councilmember LeTourneau Councilmember Riley Mayor Strommen Attachments PCA Fact Sheet #1 PCA Fact Sheet #2 Ordinance #14-03 MPCA Ordinance Checklist