§ 28-251. General provisions.

(a)

Purpose. The purpose of this article shall be to provide minimum standards for and regulation of subsurface sewage treatment systems and septage disposal including the proper location and construction; their necessary modification and reconstruction; their operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial wastes; to protect the public's health and safety, and eliminate or prevent the development of public nuisances pursuant to the authority granted under chapter 16 of the City Code and Minnesota Rules, Chapter 7080-7083.

(b)

Objectives. The principal objectives of this article shall include the following:

(1)

The protection of city's lakes, wetlands, rivers and streams and potable supplies of ground water essential to the promotion of public health, safety and welfare; the protection of the city's environment and its social economic growth and development of the city in perpetuity;

(2)

Given the extensive resources and numerous supplies of surface water and ground water and their susceptibility to contamination, regulation of proper subsurface sewage treatment system (SSTS) construction, reconstruction, repair and maintenance and proper septage disposal is essential to prevent the entry and migration of contaminants;

(3)

To establish minimum standards for septic system placement, design, construction, re-construction, repair and maintenance to prevent contamination and, if contamination is discovered, to identify and control its consequences and abate its source and migration;

(4)

To establish minimum standards for septage removal, transport, treatment and disposal; and

(5)

The prevention and control of water-borne disease, lake degradation, ground water related hazards, and public nuisance conditions through plan reviews, inspections, septic system surveys and complaint investigations, as well as through technical assistance and education.

(c)

Scope. This article shall regulate the design, construction, repair and operation of subsurface sewage treatment systems in city, including but not necessarily limited to, individual on-site and cluster or community off-site sewage treatment systems (MSTS), privies and other non-water carried sewage disposal systems, repair and/or replacement of individual sewage treatment systems (SSTS) and the disposal of septage. This article does not supersede nor replace those rules and regulations affecting sewage and wastewater treatment set forth by the State of Minnesota or the United States Government. All sewage generated in city must be treated either in an MPCA permitted facility or a system that meets the requirements of this article.

(d)

Authority. This article is adopted pursuant to Minnesota Statutes Section 115.55 or successor statutes and Minnesota Rules Chapters 7080, 7081, and 7082, or successor rules.

(e)

Jurisdiction. The regulations set forth in this article shall apply to all lands in the city. The regulations in this article are at least as strict as the Rice County Sewage and Wastewater Treatment Ordinance that was adopted on September 24, 2013. The regulations set forth in this article have been reviewed and approved by Rice County.

(f)

Standards adopted by reference. This article hereby adopts by reference Minnesota Rules Chapters 7080—7083. These rules, known as the "Subsurface Sewage Treatment Systems Standards," shall embody the minimum standards for the design, location, installation, use, monitoring, and maintenance of subsurface sewage treatment systems (SSTS) in the city.

(g)

Definitions. For the purpose of this article, the following words, terms, and phrases shall have the following meanings respectively ascribed to them in this paragraph:

Corrective action means any action required by the departments to ensure compliance to applicable requirements with this article and state regulations.

Departments mean the City of Faribault's Community Development Department/Building Codes Division and Public Works Department.

Failing to protect groundwater means that at a minimum, a SSTS that does not protect groundwater is considered to be a septage pit, cesspool, drywell, leaching pit, or other pit; a SSTS with less than the required vertical separation distance, described in Minnesota Rules Part 7080.1500, subparts 4(D) and (E); and a system not abandoned in accordance with Minnesota Rules Part 7080.2500.

Imminent threat to public health or safety means that at a minimum a SSTS with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, or stormwater drains or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance access covers.

Incorporation means the mixing of septage with the topsoil, concurrent with the application or immediately thereafter, by means such as disking, plowing, rototilling or injection.

ISTS means an individual sewage treatment system.

Land application means the placement of domestic septage on or into the soil surface.

MSTS means a midsize subsurface sewage treatment system.

MPCA means the Minnesota Pollution Control Agency.

Natural Resources Conservation Service (NRCS) means the United States Department of Agriculture (USDA) Natural Resources Conservation Service.

Owner of land or landowner means any person who holds a freehold interest, either individually or as a joint tenant or tenant in common, to any land lying within the city. Where the term "owner of land" or "landowner" is used, it includes each and all of the joint tenants and tenants in common with respect to such land.

Person means any natural person, any state, municipality or other governmental or other political subdivision or other public agency or instrumentality, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing, and any other entity.

Recreational area means any public park, campground, playground, athletic field, picnic ground, swimming beach, fairground, any commercial campground, resort, riding stable or golf course.

Residential area means a concentration of ten (10) or more developed or undeveloped contiguous residential lots of two and one-half (2.5) acres or less.

Road right-of-way means any federal, state, county, municipal or township highway or road including any shoulder and drainage ditch alongside the road.

Septage storage means the temporary storage of domestic "septage," defined as either liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar treatment works, in underground tank(s) holding less than fifty thousand (50,000) gallons and shall also be equally subject to all of the requirements within this article that apply to a SSTS.

SSTS means a subsurface sewage treatment system.

Transfer of property means the sale and every other method, direct or indirect, of disposing or parting with property, or with an interest therein, or with the possession thereof, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings, as a conveyance, sale, mortgage, gift, or otherwise.

Wetlands mean lands that: (1) have mostly hydric soils, soils that developed in wet conditions; (2) are wet either above the ground or wet within twelve (12) inches of the ground surface during all or part of the growing season; and (3) have adapted to wet soil conditions; or such lands as defined as "wetlands" by the Circular 39 system or the Cowardin classification method (developed by the U.S. Fish and Wildlife Service (USFWS) in 1956 and 1979, respectively).

(h)

Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells as defined in the Code of Federal Regulations, Title 40, Part 144, are required to submit SSTS inventory information to the United States Environmental Protection Agency and they are also required to identify all MPCA. Owners Class V injection wells in property transfer disclosures.

(i)

Prohibitions.

(1)

It is unlawful for any person to construct, maintain, occupy or use any building intended for habitation to dispose of wastewater in a manner that does not comply with this article.

(2)

It is unlawful for any person to construct, maintain or use any SSTS system regulated under this article that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollutant Discharge Elimination System program by MPCA.

(3)

It is unlawful to discharge raw or treated wastewater into any well or boring as described in Minnesota Rules Part 4725.2050, or any other excavation in the ground that is not in compliance with this article.

(4)

It is unlawful for any person to discharge into any treatment system regulated under this article any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality.

(Ord. No. 2014-003, 4-8-14)