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HomeMy WebLinkAboutCity Council Ordinance 1998-35CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA 6,4791Qnl zto W&GIVI:BRI AN ORDINANCE AUTHORIZING AND PROVIDING FOR SEWAGE AND WASTEWATER TREATMENT: ESTABLISHING MINIMUM STANDARDS FOR AND REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS (ISTS) WITHIN THE CITY OF PLYMOUTH, INCORPORATING BY REFERENCE MINIMUM STANDARDS AND REQUIREMENTS ESTABLISHED BY MINNESOTA STATUTES AND RULES OF THE MINNESOTA POLLUTION CONTROL AGENCY; REQUIRING PERMITS FOR INSTALLATION, ALTERNATION, REPAIR OR EXTENSION OF ISTS IN THE CITY; ESTABLISHING STANDARDS FOR UPGRADE, REPAIR, REPLACEMENTS, OR DISCONTINUANCE OF USE OF ISTS; IMPOSING PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS; PROVIDING FOR ENFORCEMENT OF THESE REQUIREMENTS; AND PROMOTING THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC PURSUANT TO MINNESOTA STATUTES CHAPTERS 115,145A and 471. THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 105.01, subdivision 33, of the Plymouth City Code is amended by deleting the definition of "Individual Sewage Disposal System" and adding the following definition: Subd. 33. "Individual Sewage Treatment System" or "Systems" means a sewage treatment system or part thereof, serving a dwelling, other establishment, or group thereof, that uses subsurface soil treatment and disposal. SECTION 2. Section 705.09 of the Plymouth City Code is amended to read as follows: 705.09 Certain Facilities Required - Owners Duties. Subdivision 1. Toilet Facilities Public Streets. The owner of any house, building or property used for human occupancy, employment, recreation or other similar purpose situated within the city and abutting any street, alley or right of way in which there is now located or may in the future be located a Public Sanitary Sewer or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein. In the event idttale #C**requires modification or repair and in the event that a Public Sanitary Sewer is located within 100 feet of the property line, the owner of such property shall be required to connect to the Public Sewer. Connections to Public Sanitary Sewer facilities must be made within 24 months from and after the 1St day of January next following the date on which a special assessment for such Sanitary Sewer facilities to the particular property is adopted by the City Council. In the event that the owner of any property fails or refuses to connect to Public Sanitary Sewer facilities then the City may provide for the installation of such facilities and charge the cost thereof against the property as a special assessment in accordance with the provisions of Minn. Stat § 412.221, as amended. Ordinance 98-35 Page 2 Subd. 2. Toilet Facilities; No Sewer Available. Where a public sanitary or combined sewer is not available, the Building Sewer shall be connected to an Individual Sewage Disposal Treaint System complying with all requirements of Section 710 of this Code. Subd. 3 Abandonment of Private Systems. When a Public Sewer becomes available to a property served by a Sewage Disposal Treatment System and a direct connection is made to the Public Sewer in compliance with this Section, any septic tanks, cesspools and similar Individual Sewage Disposal TrreaSystem shall be abandoned and filled with suitable material. Subd. 4 Failure of Individual Sewage Disposal Tr „ ' Systems. When a Public Sewer is available to a point within 100 feet of a piece of property where a Hate an Individual Sewage Disposal Treatment System has failed to function property, such sewage system serving a structure must be abandoned and the premises served shall be connected to the public sanitary sewer system once the determination of failure has been made by the Inspection Division and within fifteen (15) days from the date which notice of correction has been sent to the owner of the property by the Inspection Division. SECTION 3. Section 705.11 of the Plymouth City Code is amended to read as follows: 705.10 Regulation of the Operation of Individual Sewage Disposal T Systems; Owner's Duties. Subdivision 1. Contents. Contents of septic tanks or. Gasspooig may be plumbed into the Sewer or may be emptied by flowing the contents thereof into the Building Sewer pipe at the property line; provided that a screen is placed at the inlet to said pipe to prevent obstructions from entering the system. No solids shall be permitted to enter the Sewer system. Back filling above the cover level of any sesspool, septic tank or similar tanks, or any Building Sewer, shall not commence until permission has been granted by the Building Official. Subd. 2. O eration. The owner shall operate and maintain the prate Individual Sewage Disposal Treatmert System faGili#ies in a sanitary manner at all times, at no expense to the City. Subd. 3. Additional Requirements. No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by an authorized City official. SECTION 4. Section 705.13 of the Plymouth City Code is amended to read as follows: 705.13. Permit Required for Building Sewers. Subdivision 1. General Rule. No person shall uncover, make any connections with or opening into, or use, alter, or disturb any Public Sewer or appurtenances thereof without first obtaining a written permit therefore from the City Dl". Subd. 2 GY.GM,ating fQr- plaw)bilag ia a%, public. S4004, w%, or. alloy, the pors@R applying for. surh pa;mk A 244 -2- Ordinance 98-35 Page 3 -414 W -------------- S;ihdr4. Classes of Building Sewer Permits; Applications; Forms. There shall be two classes of building permits: (a) for residential and commercial service, and (b) for service to establishments producing Industrial Waste. In either case, the owner or his agent shall make application on a special form furnished by the City. Subd. 5. Supplemental Information to Permit Applications. The permit applications shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Building Official. Subd. 64. Fees. The fees for permits and inspections pursuant to this Section are set by Chapter X. SECTION 5. Section 705.35 the Plymouth City Code is hereby repealed in its entirety. SECTION 6. Section 710 of the Plymouth City Code is amended in its entirety to read as follows: Section 710 - Regulation of Individual Sewage Treatment Systems 710.01 Purpose. The purpose of the Sewage and Wastewater Treatment Systems Ordinance is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety, and eliminate or prevent the development of public nuisances pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota Rules Chapter 7080 as amended that may pertain to sewage and wastewater treatment. 511 Ordinance 98-35 Page 4 710.02. Standards Adopted by Reference. The City hereby adopts, by reference, Minnesota Rules Parts 7080.0010 to 7080.0315, and 7080.0910, as now constituted and as amended from time to time. 710.03. Permits. No person shall install, alter, repair or extend any individual sewage treatment system in the City without first applying for and obtaining a permit from the Building Official and paying the fee as set by Chapter X. Such permit shall be valid for a period of 12 months from the date of issuance. 710.04. Administration of Section by Building Official. The City Manager shall assign responsibility for administration of this Section to the Building Official. 710.05. License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of on-site individual sewage treatment systems without first obtaining a license to perform such tasks from the Minnesota Pollution Control Agency, except as provided under par 7080.0700, subpart 1. 710.06. Failing Septic Systems. A Notice of Noncompliance shall be issued and copies provided to the property owner and to the City within 30 days under the following conditions: A. Failing ISTS shall be upgraded, replaced or its use discontinued within six (6) months. The Building Official may give consideration to weather conditions in establishing compliance dates. B. An ISTS posing an imminent threat to public health or safety shall be upgraded, replaced or repaired, or its use discontinued within an appropriate time no greater than 3 months 710.07 Additional Soil Treatment Area Requirements. On all lots created after January 23, 1996, the system design shall include at least one designated additional soil treatment area, which can support a standard soil treatment system. 710.08 Enforcement. Any person who violates any of the provisions of this Ordinance or who makes any false statement on a Certificate of Compliance, shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both as defined by laws. SECTION 7. Section 800.11 of the Plymouth City Code is amended to read as follows: 800.11 Exemption from Surety Bond. Subsection 800.09 does not apply to a d43L y public utility permitted to operate within the City limits, by franchise or for any excavation which is made under a contract awarded by the City or made by the City. SECTION 8. This ordinance shall be effective immediately upon its passage. IE's Ordinance 98-35 Page 5 ADOPTED by the City Council this 4h day of November, 1998. ATTEST: /' a4z-o� Laune Ahrens, City Clerk J lYyn ierney, Mayor y -5-