§ 28-256. Operating permits.

(a)

Permit application requirements.

(1)

An application for an operating permit shall be made on a form provided by the city that includes the following information:

i.

The owner's name, mailing address, telephone, and email address;

ii.

Construction permit reference number and date of issuance; and

iii.

Final record drawings of the treatment system.

(2)

Owners of holding tanks must provide to the city a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business, which guarantees the removal of the holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minnesota Rules Part 7082.0100, subpart 3(G). This requirement is waived if the owner is a farmer who is exempt from licensing under Minnesota Statutes Section 115.56, subdivision 2(b)(3).

(b)

City response.

(1)

The city shall review the record drawings, operation and maintenance manual, management plan, maintenance and servicing contract, and any other pertinent documents as appropriate for accuracy and completeness. If any deficiencies are identified, the operating permit shall be denied until the deficiencies are corrected to the satisfaction of the city. If the submitted documents fulfill the requirements, the city shall issue an operating permit.

(2)

The city may issue a temporary permit to alleviate a hardship if the owner has a need to occupy the building before the operating permit can be issued. The temporary permit is only allowed for the operating the treatment tank(s) as a holding tank until the operating permit is issued.

(c)

Operating permit terms and conditions.

(1)

Operating permits shall include the following:

i.

System performance requirements;

ii.

System operating requirements;

iii.

Monitoring locations, procedures and recording requirements;

iv.

Maintenance requirements and schedules;

v.

Compliance limits and boundaries;

vi.

Reporting requirements and frequency;

vii.

Department notification requirements for non-compliant conditions;

viii.

Valid contract between the owner and a licensed maintenance business;

ix.

Disclosure, location, and condition of acceptable replacement soil treatment and dispersal system site; and

x.

Descriptions of acceptable and prohibited discharges.

(2)

Operating permits for septage storage must meet the following additional requirements:

i.

An operating permit for septage storage must only be issued to a licensed SSTS maintainer;

ii.

No licensed maintainer business shall be allowed operating permits for more than fifty thousand (50,000) gallons within one-half (½) mile;

iii.

Only waste pumped by the licensed maintainer business that was issued the operating permit may be placed in the septage storage tank(s) issued for that permit;

iv.

The septage storage tank may only be utilized for short term storage of domestic septage from residences; and

v.

Failure to maintain a valid operating permit will require removal of the tank.

(d)

Permit expiration and renewal.

(1)

Operating permits shall be valid for the specific term stated on the permit as determined by the city.

(2)

An operating permit must be renewed prior to its expiration. If not renewed, the city may require the system to be removed from service or operated temporarily as a holding tank until the permit is renewed. If not renewed, the city may require that the system be abandoned.

(3)

The city shall notify the holder of an operating permit prior to expiration of the permit. The holder must apply for renewal at least thirty (30) calendar days before the expiration date.

(4)

An application for an operating permit shall be made on a form provided by the city that includes the following information:

i.

The applicant's name, mailing address, and phone number;

ii.

The reference number of the previous owner's operating permit;

iii.

Any and all outstanding compliance monitoring reports as required by the operating permit;

iv.

Certified treatment system inspection signed or sealed by a certified designer, maintenance contractor, or operator at the discretion of the city;

v.

A copy of any revisions made to the operation and maintenance manual; and

vi.

Payment of application review fee as set forth in the city fee schedule.

(e)

Amendments to existing operating permits not allowed. The city may not amend an existing operating permit to reflect changes to this article until the permit term has expired and is renewed, unless an amendment is necessary to eliminate an imminent threat to public health or safety.

(f)

Transfers. The operating permit may not be transferred to a new owner. A new owner must apply for an operating permit in accordance with this article. The city shall not terminate the current permit until sixty (60) calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner's application, the city may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee.

(g)

Suspension or revocation.

(1)

The city may suspend or revoke any operating permit issued under this section for any false statements or misrepresentations of facts on which the operating permit was issued.

(2)

The city shall provide notice of the suspension or revocation and the reasons for revocation in writing to the owner.

(3)

If the operating permit is suspended or revoked, the city may require that the treatment system be removed from service, operated temporarily as a holding tank, or abandoned.

(4)

At the city's discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions.

(h)

Compliance monitoring.

(1)

Performance monitoring of a SSTS shall be performed by a licensed inspection business or licensed service provider hired by the holder of the operating permit in accordance with the monitoring frequency and parameters stipulated in the permit.

(2)

A monitoring report must be prepared and certified by the licensed inspection business or licensed service provider. The report must be submitted to the city on a form provided by the city on or before the compliance reporting date stipulated in the operating permit. The report must contain a description of all maintenance and servicing activities performed since the last compliance monitoring report and the following information described below:

i.

Owner's name and address;

ii.

Operating permit number;

iii.

Average daily flow since last compliance monitoring report;

iv.

Description of type of maintenance and date performed;

v.

Description of samples taken (if required), analytical laboratory used, and results of analyses;

vi.

Problems noted with the system and actions proposed or taken to correct them; and

vii.

Name, signature, license and license number of the licensed professional who performed the work.

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