HomeMy WebLinkAbout2006-229 Amending Section 50 Individual Sewage Treatment Systems
Adopted 01/26/06
CITY OF CORCORAN
ORDINANCE NO. 2006-229
AN ORDINANCE AMENDING THE CORCORAN CITY CODE
THE CITY COUNCIL OF CORCORAN ORDAINS:
SECTION 1. Amendments. The text of the Corcoran City Code is hereby amended as follows:
A. SECTION 50 (INDIVIDUAL SEWAGE TREATMENT SYSTEMS) IS HEREBY AMENDED
AS FOLLOWS:
Attached as Exhibit A
SECTION 2. Publication in Summary This Ordinance Amendment shall be published in
summary form, as follows:
Chapter 50: Individual Sewage Treatment Systems.
The objectives of this chapter shall be to provide non-sewered areas of the city with
adequate and safe means of sewage treatment and disposal. This chapter shall provide
standards for regulating ISTS, including proper location, design, construction, operation,
maintenance and repairs to protect the health, safety and welfare of the general public.
A complete printed copy of the City Code amendment is available for inspection at Corcoran
City Hall during regular office hours.
SECTION 3. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on January 26, 2006
_______________________
Tom Cossette, Mayor
ATTEST:
City Seal
Bea Lindberg, City Clerk
EXHIBIT A
Adopted 01/26/2006
TITLE V: PUBLIC WORKS
Chapter 50. INDIVIDUAL SEWAGE TREATMENT SYSTEMS
Section 50.01 Intent and purpose
50.02 Interpretation and rules
50.03 State standards adopted by reference
50.04 Requirements Discrepancies
50.05 Permits
50.06 Application procedures and requirements
50.07 Design requirements
50.08 Nonconforming uses
50.09 License required
50.10 Maintenance procedures
50.11 Aerobic sewage system standards
50.12 Failing sewage systems
50.13 System Rejuvenation
50.14 Performance Systems
50.15 System Abandonment
50.16 Restrictive Standards
50.17 Minimum Setback Distances Alternative Local Standards
50.18 InspectionsAcceptable Existing System
50.19 Alternative and Other SystemsMinimum Setback Distances
50.20 VariancesInspections
50.21 Alternative and Other Systems
50.22 Variances
50.99 Penalty
EXHIBIT A
Adopted 01/26/2006
CHAPTER 50: INDIVIDUAL SEWAGE TREATMENT SYSTEMS
50.01 INTENT AND PURPOSE.
(A) The objectives of this chapter shall be to provide non-sewer areas of the city with adequate and
safe means of sewage treatment and disposal. The improper design, location, installation, use
and maintenance of individual sewage treatment systems adversely affects the public health,
safety and general welfare by the discharge of inadequately treated sewage to Hennepin County.
(B) The purpose of this chapter shall be to provide minimum standards for and regulating of
individual sewage treatment systems (ISTS) and sewage treatment and 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 and to protect the public's health and safety and eliminate or prevent the
development of public nuisances, pursuant to the authority granted under M.S. Chapters 115 and
145A and Minnesota Rules Chapter 7080, as amended, that may pertain to sewage and
wastewater treatment.
50.02 RULES AND INTERPRETATION.
Except as otherwise provided, the provisions of this chapter shall be interpreted in the context of
Minnesota Rules Chapter 7080 and terms used in this chapter shall have the definitions provided in
Chapter 7080. For the purpose of this chapter, words used in the present tense shall include the
future. Words in the singular shall include the plural, and the plural the singular. The word “shall”
is mandatory and not discretionary.
50.03 STATE STANDARDS ADOPTED BY REFERENCE.
This Chapter hereby adopts by reference Minnesota Rules Chapter 7080, sections 7080.0020,
7080.0060, 7080.0065, 7080.0110, 7080.0115, 7080.0120, 7080.0125, 7080.0130, 7080.0150,
7080.0160, 7080.0170, 7080.0172, 7080.0175, 7080.0176, 7080.0178, 7080.0179, 7080.0305,
7080.0310, 7080.0315, and 7080.0950. Also reference adopted by reference is Minnesota Statute
§115.55.
50.04 REQUIREMENTS DISCREPANCIES.
Where differences between this chapter and federal, state or local ordinances or regulations exist,
this Chapter shall supercede, provided that it does not violate federal, or state, or county statute.
50.05 PERMITS.
(A) Required Permits. No person, firm or corporation shall install, alter, repair or extend any
individual sewage disposal system in the city without first obtaining a permit frompermit from
the Building Official. At the time of receiving the permit, the applicant shall pay a fee as listed
in the fee schedule adopted from time to time by the Council. A permit issued under this
chapter shall be valid for a period of 12 months from the date of issuance.
(B) No building permit, certificate of occupancy, license or other permit shall be issued for the
EXHIBIT A
Adopted 01/26/2006
construction upon, use or occupation of any parcel of property within the city unless the
requirements of this chapter are met with respect to the parcel of property.
(C) All systems except standard systems shall require approval from the Wastewater Commission.
(D) Additional Bedroom. No permit shall be issued for an additional bedroom on property served
by an ISTS unless the ISTS is in compliance with this ordinance, as evidenced by a certificate
of compliance. (See 7080.0305, Subp. 3A; 7080.0310, Subp. 3C; M.S. 115.55, Subd. 5(b))
Notwithstanding the above, a permit may be issued for the additional bedroom, as approved by
the Waste Water Commission. Thereafter the owner will have one year from the date of the
issuance of said permit to upgrade, replace, repair, or discontinue use of the system as
necessary. (See technical Standards and Criteria 7080.002, 7080.0125, 7080.0060 – 7080.0176,
7080.0305 Subp. 4C and 7080.0600) The septic Findings shall be recorded with the title, so
that in the event that the system is required to be upgraded, that this is identified with the
conveyance of the property.
(E) Permits Not Required. Permits shall not be required for the following activities:
(1) Repair or replacement of pumps, floats or other electrical devices of the pump.
(2) Repair or replacement of baffles in the septic tank.
(3) Installation or repair of inspection pipes and manhole covers.
(4) Repair or replacement of the line from the building to the septic tank.
50.06 APPLICATION PROCEDURES AND REQUIREMENTS.
(A) Procedures
(1) Submission. The applicant shall provide to the Building Inspector, materials and information
as required in division (B) in a format specified by City Council resolution and § 50.07 and
all additional material as may be required in other state, federal or special district regulations
and ordinances. A permit and inspection fee which is to include processing and inspection
costs shall be paid to the city by the individual at the time the application is filed, as provided
by City Council resolution.
(2) Referral to staff. Upon payment of the permit fee by the applicant, a copy of all required
plans, material and information concerning the proposed installation, alteration or extension
of the individual sewer treatment system shall be forwarded to the City Building Inspector.
The Building Inspector may, at his or her discretion, waive the inspection process
specification in divisions (3) through (5) below on single-family homes.
(3) Technical review. The City Building Inspector, or other qualified staff, shall review the
information. As provided in MPCA Rule 7080, he or she may require that a field evaluation
be made. Qualified staff shall make a recommendation to the Building Inspector within 15
days after the Building Inspector, or other qualified staff, receives all required information.
Failure on the part of the applicant to supply information as mandated in this chapter shall
constitute grounds for denial of the permit.
(4) Emergency situations. Where failure of an existing system and continuing malfunction
EXHIBIT A
Adopted 01/26/2006
constitute substantial threat to public health, safety or welfare, the city shall be notified and
corrective action suggested by a certified inspector, installer or maintenance person and shall
be instituted at the earliest possible time. This shall not relieve any party from the formal
documented procedures required elsewhere. The applicant's submission shall include
documentation of the emergency situation and corrective action taken. The Building
Inspector may require modification of any additions to the action taken, including system
compliance with requirements for new systems.
(5) Affirmative recommendation. Upon a recommendation by the City Building Inspector
constituting full approval of the permit application, the City shall issue the permit for the
construction, alteration or expansion of the individual sewage treatment system.
(6) Negative recommendation. If the City Building Inspector recommends denial of the permit,
no permit shall be issued. A written statement by the Building Inspector explaining the
reason for denial of the permit shall be provided with the recommendation and forwarded by
the Building Inspector to the applicant. The applicant may make a new or revised application
or make an appeal before the Wastewater Commission by submitting a written appeal to the
City Clerk within 10 days of notice of denial from the Building Inspector. If the Wastewater
Commission denies the permit the applicant may appeal to the City Clerk within 10 days for
review by the City Council.
(B) Requirements.
(1) Application forms.
(a) Applications for permits shall be made in writing upon printed or electronic forms
furnished by the city. The application shall be made to the Building Inspector.
(b) Each application for a permit shall have thereon the correct legal description of the
property of which the proposed installation, alteration or extension is to take place.
(2) Plot plan. Each application for a permit shall be accompanied by copies of a plot plan in a
format & quantity designated by council resolution showing:
(a) The location of any proposed or existing building on the subject property;
(b) The boundary lines of the property;
(c) The location of existing and/or planned waste supply facilities;
(d) The location and ordinary high water mark of streams, lakes, wetlands and ponds within
200 feet of the proposed structure;
(e) All legal setback requirements from existing and proposed buildings, property lines,
sewage tanks buried pipes and utility lines;
(f) The existence of low lands, local surface depressions and rock outcrops;
(g) Topographic contours at two foot intervals; and
EXHIBIT A
Adopted 01/26/2006
(h) The location of all sewage disposal or treatment systems and water supply wells on
adjoining lots within 150 feet of the proposed individual sewage treatment system.
(3) Conditions data. Each application for a permit shall also include information on:
(a) Soil conditions, properties, and permeability to be provided by a certified soil evaluator;
(b) Depth to the highest known or calculated ground water table or bedrock; and
(c) Surface water flooding probability.
(4) System design data. Each application for a permit shall include a complete plan showing the
design, size and location of all parts of the individual sewage treatment system. Where
application is made for a building permit for a structure to be built within 200 feet of any
stream or body of water the design for the sewage disposal system must be approved prior to
issuance of the building permit for the structure.
(5) Percolation and soil boring tests. Soil borings and percolation tests shall be conducted in
accordance with the requirements specified in Minnesota Pollution Control Agency's Rule
7080.
(6) Other data. The applicant shall be required to submit any other data requested by the City
Building Inspector or by other regulations or ordinances applicable to individual sewage
treatment systems in the city.
50.07 DESIGN REQUIREMENTS.
The design requirements of the Minnesota Pollution Control Agency's Rule 7080, as may be
amended, are adopted in full with the following specifications, modifications and additions:
(A) Selected ranges of requirements.
(1) Site evaluation shall include at least two soil borings and two percolation tests of both the
proposed and alternative system locations. Additional tests shall be performed as required
to define inconsistencies.
(2) Trenches shall be used in preference to beds in required soil treatment areas, unless the
City Building Inspector concurs with the applicant's presentation of extenuating
circumstances.
(B) Minimum tank requirements. Two separate tanks, or an equivalent alternative system, shall be
installed. Minimum combined tank liquid capacity shall be 2,000 gallons. The second tank shall
have a minimum liquid capacity of 1,000 gallons and shall utilize a system of baffles that
satisfies requirements for the first tank. The first tank shall be equal to or larger than any
subsequent tank.
(C) Minimum siting requirements. Each application for approval of the initial on-site system
installation proposal shall include designation and reservation of a second or alternative
EXHIBIT A
Adopted 01/26/2006
suitable system location on the site.
(D) Soil Treatment Area requirements. All lots created after January 23, 1996 shall have a
minimum of one additional soil treatment area that can support a standard system. (See
7080.0305 Subp. 4F.) No building permit shall be issued for construction on said lots until at
least two soil treatment areas capable of accommodating standard systems have been
identified and properly protected. All soil treatment areas shall be protected before, during
and after construction on the lot. The method of protection of the additional soil treatment
area shall be approved by the building official and may include, but is not limited to, such
things as snow fencing, permanent fencing and silt fencing.
50.08 NONCONFORMING USES.
Any individual sewage disposal system or pertinent part thereof, irrespective of the date of original
installation which is not located, constructed or installed in accordance with the MPCA Rule 7080
regulations, as amended, or is less than 50 feet from any water supply well or buried water suction
pipe, shall be so located, reconstructed and reinstalled when the City Building Inspector serves
written notice on the owner that the system constitutes a public nuisance and/or possible threat to the
public health, safety and welfare.
50.09 LICENSE REQUIRED.
No person shall engage in the inspection, design, installation, construction, alteration, extension,
repair, maintenance or pumping of on-site individual treatment systems without first obtaining a
license to perform such tasks from the state, except as otherwise provided in Minnesota Rules
Chapter 7080.0700, Subpart 1, as amended.
50.10 MAINTENANCE PROCEDURES.
(A) Plan creation. The city shall establish a plan for the review, over a three-year period beginning
March 2000, of each on-site sewage system with the city, and continue for each subsequent 3-
year period hereafter.
(B) Notice. Pursuant to the established plan, the City shall mail a maintenance report form by
March 1 of each year to properties containing on-site sewage disposal systems due to have
maintenance checks. All systems shall have maintenance checks every three (3) years.
(C) Expense. Each property owner receiving a maintenance report form shall, at their sole expense,
provide for the pumping and maintenance of the system. The completed maintenance report
form shall be returned to the city by September 1 of the same year.
(D) Requirements. The above described system maintenance shall include, but not be limited to
pumping and cleaning of the septic tank, evaluation of the condition of the tank, baffles and
system, and an examination of the drain field for evidence of system failure.
(E) Tank Access. There shall be one or more maintenance holes per tank, a minimum of 20 inches
in least dimension, and placed so access can be gained within six feet of all walls. All
maintenance holes shall extend through the tank cover to a point within 12 inches of finished
grade. If maintenance holes are covered with less than six inches of soil, the cover must be
EXHIBIT A
Adopted 01/26/2006
secured to prevent unauthorized access. (See 7080.0130, Subp. 2M(1).)
(F) Inspector. Evaluation of the on-site sewage tank and system shall be made by a registered
inspector or pumper. A listing of registered inspectors and pumpers is available from the
MPCA.
(G) Failure to comply. In the event a property owner fails to complete the maintenance report form
and return it to the city as required in this section, no permit for building or land division shall
be issued to the property owner until a contract between the owner and the City providing for a
satisfactory pumping schedule is in effect.
(H) A complete maintenance report form shall be available from the City at the time of sale of a
property or at the time a land division occurs, as requested by the buyer or lender.
(I) Health hazards. Upon evaluation, if the system is found to be creating an imminent health
hazard, the owner of the property shall have the system pumped and repaired, or replaced,
pursuant to this chapter.
(J) Expenses incurred by the city. Any on-site inspection conducted by the city shall be invoiced to
the property owner in an amount established by resolution of the City Council.
(K) Assessments. Pursuant to M.S. § 429.101, the City Council hereby authorizes the city staff to
certify unpaid costs or charges imposed pursuant to this section to the County Auditor for
collection as other taxes.
50.11 AEROBIC SEWAGE SYSTEM STANDARDS.
Any aerobic sewage system allowed by variance must comply with MPCA Rule 7080 and, further
must meet the following standards:
(A) Aerobic treatment systems shall be in compliance with standards for Class I systems as defined
by National Sanitation Foundation Standard No. 40.
(B) There shall be no bypass capability designed into the system that will allow waste to be
discharged into the drain field without undergoing all the treatment processes necessary to
achieve the desired effluent quality. Bypassing, removing or excluding any component or
components of a system after the system has received final installation approval is prohibited.
(C) The system maintenance agreement required by MPCA Rule 7080 shall be reviewed and
approved prior to issuance of a variance.
50.12 FAILING SEWAGE SYSTEMS.
A notice of noncompliance shall be issued to the property owner and filed with the City within 30
days of determination by the Building Inspector that an ISTS is classified as either (A) failing,
except as below, or (B) an imminent threat to public health or safety (IPHT).
(A) “Failing system” means a seepage pit, cesspool, drywell, leaching pit, other pit, a tank that
obviously leaks below the designated operating depth, or any system with less than the required
EXHIBIT A
Adopted 01/26/2006
vertical separation. All systems built after March 31, 1996, or in SWF areas shall have a three-
foot separation. All systems built before April 1, 1996, in non-SWF areas, must have at least
two feet of vertical separation. The owner of a failing or noncompliant ISTS must upgrade,
replace, repair, or discontinue use of the ISTS within 10 years following the date of the first
notice of noncompliance to the owner. Except, if the owner is participating in the City’s
maintenance/inspection program (requiring regular pumping and inspection at least every three
years), the system is classified as an “acceptable existing system” and may continue to be used
indefinitely, unless it is found to be an imminent public health threat.
(B) “Imminent threat to public health or safety” means situations with the potential to immediately
and adversely affect or threaten public health or safety. At a minimum this includes ground
surface or surface water discharges and sewage backup into a dwelling or other establishment.
An ISTS posing an imminent threat to public health or safety shall be upgraded, replaced or
repaired, or its use discontinued, within 10 months following the date of the first notice of
noncompliance to the owner.
(A) “Failing system” means a seepage pit, cesspool, drywell, leaching pit, other pit, a tank that
obviously leaks below the designated operating depth, or any system with less than the required
vertical separation. All systems built after March 31, 1996, or in SWF areas shall have a three foot
separation. All systems built before April 1, 1996, in non SWF areas, must have at least two feet of
vertical separation. An ISTS determined to be failing shall be upgraded, replaced, or repaired in
accord with Minnesota Rules Chapter 7080.0060, within three (3) years, or its use is
discontinued. The City Council, at its discretion, may grant an extension of an additional two (2)
years.
(B) “Imminent threat to public health or safety” means situations with the potential to immediately
and adversely affect or threaten public health or safety. At a minimum this includes ground surface
or surface water discharges and sewage backup into a dwelling or other establishment. An ISTS
posing an imminent threat to public health or safety shall be upgraded, replaced or repaired within
10 months. The City Council will give consideration to weather conditions in determining
compliance dates. If an ISTS is determined to be a public health nuisance by the City Council, the
City Council may order the owner of the ISTS to cease use immediately and not allow use of the
ISTS until corrected in accordance with the recommendations of the City Council.
50.13 SYSTEM REJUVENATION. (See 7080.0175, Subp. 8.)
Any maintenance activity used to increase the acceptance of effluent to a soil treatment system must:
(A) not be used on failing systems, unless the activity meets the requirements of 7080.0179 or
parameters established by the Wastewater Commission.
(B) not decrease the required vertical separation;
(C) not cause preferential flow from the system bottom to the saturated soil or bedrock; and
(D) be conducted by an appropriately registered qualified employee or an appropriately licensed
ISTS professional.
50.14 PERFORMANCE SYSTEMS. (Ref. 7080.0179)
Systems designed, constructed, and operated as “performance systems” shall meet or exceed the
requirements of 7080.0179. All performance systems shall be reviewed and approved by the
Wastewater Commission.
EXHIBIT A
Adopted 01/26/2006
50.15 SYSTEM ABANDONMENT.
System abandonment procedures shall be in accordance with 7080.0176.
50.16 RESTRICTIVE STANDARDS.
(A) Section 7080.0130, Subpart 3 (A) is hereby modified by requiring at least two septic tanks with a
minimum capacity of 1,000 gallons each.
(B) Section 7080.0160, Subpart 1 (C) is modified to require a minimum dosing or pump tank of
1,000 gallons.
(C) “Alternative” and “other systems” (See 50.17.) shall be utilized only to replace existing septic
systems. All “alternative” and “other systems” shall be reviewed and approved by the
Wastewater Commission.
(D) Systems constructed on greater than 12% slopes, and trench systems constructed on greater than
18% slopes, shall be treated as other systems and shall be subject to review and approval by the
Wastewater Commission.
(E) All wastewater discharged into septic systems shall be metered on all non-single-family dwelling
uses for any new or upgraded systems.
50.17 ALTERNATIVE LOCAL STANDARDS.
This Chapter may adopt local standards that are less restrictive than the MPCA’s rules in order to
define an “acceptable existing system”. The local standards may include justification criteria such as
soil separation, soil classification, vegetation, system use, localized well placement and construction,
localized density of systems and wells, extent of area to be covered by local standards, groundwater
flow patterns, and existing natural or artificial drainage systems. The local standards and criteria
shall be submitted to the MPCA commissioner for comment prior to adoption to demonstrate that,
based on local circumstances in that jurisdiction, they adequately protect public health and the
environment. (See 7080.0305, Subp. 6; MS 115.55, Subd. 7.) Some examples might be: less
restrictive requirements concerning absorption areas and original soil; absorption areas and
compacted soils; tailored monitoring standards to allow repaired systems to meet the functional
standards of 7080.0179)
50.18 ACCEPTABLE EXISTING SYSTEMS.
An “acceptable existing system” is any non-IPHT system participating in the City’s ISTS
maintenance/inspection program. This includes systems that may otherwise be classified as “failing”
or “noncompliant” according to Minnesota Rules Chapter 7080.)
50.1917 MINIMUM SETBACK DISTANCES.
EXHIBIT A
Adopted 01/26/2006
The measurements for the features listed shall be as follows.
Features Distance from Septic System
Any water supply well 50 feet
Buried pipe distributing potable water under pressure 10 feet
Buildings from tanks 10 feet
Buildings from drain fields 20 feet
Lakes and streams & tributaries 75 feet*
Wetlands & tributaries 75 feet**
Property lines 10 feet***
*(As defined by M.S. 103G.005)
**(As defined by the Wetlands Conservation Act, Chapter 8420 & Wetland Overlay District Section
1050.010, Subd.4.a. of the Corcoran Zoning Ordinance) ***(Ord. 151, passed 3-11-99. Based on
Department of Heath & MPCA Rule 7080 – Year 2000)
50.2018 INSPECTIONS.
(A) General.
(1) The Inspector shall make inspections as necessary to determine compliance with this chapter.
(2) No part of the system shall be covered until it has been inspected and accepted by the
Inspector.
(3) It shall be the responsibility of the permit applicant or licensed installer to notify the
Inspector that the job is ready for inspection or re-inspection.
(4) It shall be the duty of the Inspector to make the indicated inspection within 24 hours.
Saturdays, Sundays and legal holidays are excluded after the notice has been given.
(5) It shall be the duty of the owner or occupant of the property to give the Inspector or other
authorized representative or professional consultants free access to the property in reasonable
times for the purpose of making inspections.
(B) Substandard systems.
(1) If upon inspection, the Inspector discovers that any part of the system is not constructed in
accordance with the minimum standards provided in the chapter or has been adversely
EXHIBIT A
Adopted 01/26/2006
affected by elements since construction, he or she shall give the applicant written
notification describing the defects and the required remedy.
(2) The applicant shall pay an additional fee for each re-inspection that is necessary, according
to Council resolution provisions.
50.2119 ALTERNATIVE AND OTHER SYSTEMS.
(A) Other Systems.
When strict adherence to technical standards and criteria (specified in 7080.0020, 7080.0060 to
7080.0176, and 7080.0600) creates an undue hardship because of existing lot sizes, topography, or
site conditions, systems classified as “other”, allowed in accordance with 7080.0178, may be
designed.
(B) Alternative Systems.
Systems in flood plain areas, privies, and holding tanks are classified as “alternative systems”.
Design requirements are specified in 7080.0172.
(C) Holding Tanks. (See 7080.0172, Subp. 3.)
(1) Holding tanks are prohibited unless approved by the Wastewater Commission. A
monitoring and disposal contract signed by the owner and a licensed pumper is required for
approval by the City. The contract must guarantee the removal of the tank contents prior to
overflow or any discharge.
(2) A holding tank shall comply with the requirements of part 7080.0130, subparts 1 and 4.
(3) A cleanout pipe of at least four inches diameter shall extend to the ground surface and be
provided with seals to prevent odor emissions and exclude insects and vermin. A
maintenance hole of at least 20 inches in least dimension shall extend through the cover to a
point within 12 inches, but no closer than six inches, below finished grade. If the
maintenance hole is covered with less than six inches of soil, the cover must be secured to
prevent unauthorized access.
(4) For a dwelling, two concrete septic tanks are required. Each tank shall have a minimum
capacity of 1000 gallons, or 400 gallons times the number of bedrooms, whichever is
greater. For other establishments, the minimum capacity shall be at least five times the
average design flow. Tank sizing for floodplain areas shall be calculated in accordance with
7080.0172 subpart 1, item G.
(5) Holding tanks shall be located in an area readily accessible to the pump truck under all
weather conditions as specified for septic tanks in part 7080.0170, subp. 1, item F, Table IV;
and where accidental spillage during pumping will not create a nuisance.
(6) The owner shall maintain a contract for disposal and treatment of the septage with a
pumper, municipality, agency, or firm established for that purpose.
EXHIBIT A
Adopted 01/26/2006
(7) All holding tanks shall have an alarm device to minimize the chance of accidental sewage
overflows. Electrical monitoring shall identify when the holding tank is at 75 percent
capacity.
50.2220 VARIANCES
(A) Where existing lot sizes, topography and/or site condition create an undue hardship in adhering
to the minimum dimensions for standard systems (See 7080.0170), the applicant may apply for a
variance to these requirements from the Wastewater Commission. The applicant may appeal the
Wastewater Commission’s decision to the City Council by submitting a written appeal to the
City Clerk within 15 days of the Wastewater Commission’s decision.
(B)Variance Process
(1) Requests for a variance or appeal shall be filed with the City Clerk. The application shall be
accompanied by a fee established by City Council resolution. The application shall also be
accompanied by an electronic copy, compatible with the city’s system, of detailed written
and graphic materials necessary for the explanation of the request.
(2) Upon receiving the application the City Clerk shall refer the application, along with all
related information, to the Wastewater Commission.
(3) Upon receiving the reports and recommendations of the city staff, the Wastewater
Commission shall make recorded findings of fact and impose any condition it considers
necessary to protect the public health, safety and welfare. A recommendation for approval or
denial would then be forwarded to the City Council. The City may grant a variance if it is
adequately demonstrated by the applicant, that:
(a) There are special circumstances or conditions affecting the property so that the strict
application of the provisions of the chapter would deprive the applicant of reasonable use of
his or her land.
(b) The granting of the variance will not be detrimental to the public health, safety or welfare
or injurious to other property in territory in which property is situated.
(a) Before granting a requested variance, the City Council must find that by reason of
exceptional circumstances the strict enforcement or strict conformity with parts 7080.0305 to
7080.0315 would be unreasonable, impractical, or not feasible under the circumstances. The
City Council may permit a variance under part 7000.7000 upon conditions as it may
prescribe for prevention, control, or abatement of pollution in harmony with the general
purpose of this chapter and the intent of applicable state, county, and federal laws. The
variance request must contain, as applicable:
i) (1) the specific language in the rule or rules from which the variance is
requested;
ii) (2) the reasons why the rule is difficult or inappropriate;
Formatted: Indent: First line: 0.19", Outline numbered +
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
Indent at: 0.75"
Formatted: Bullets and Numbering
Formatted: Indent: First line: 0.19"
Formatted: Indent: First line: 0.19", Outline numbered +
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
Indent at: 0.75"
Formatted: Bullets and Numbering
Formatted: Indent: First line: 0.19"
EXHIBIT A
Adopted 01/26/2006
iii) (3) a description of the hardship that prevents compliance with the rule;
iv) (4) the alternative measures that will be taken to ensure a comparable degree
of protection to public health or the environment if the variance is granted;
Formatted: Indent: First line: 0.19", Outline numbered +
v) (5) the length of time for which the variance is requested;
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
vi) (6) a statement that the party applying for the variance will comply with the
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
terms of the variance, if granted;
Indent at: 0.75"
vii) (7) cost considerations;
Formatted: Bullets and Numbering
viii) (8) proximity of system to other systems; and
Formatted: Indent: First line: 0.19"
ix) (9) in addition to the variance information required above, the commissioner
City Council may also ask the requesting party for other relevant information as
Formatted: Indent: First line: 0.19", Outline numbered +
necessary to properly evaluate the variance request.
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
(4) No variance shall be issued under this section unless the applicant would also qualify for a
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
variance under the circumstances outlined the zoning code.
Indent at: 0.75"
(5) The City Council shall decide whether to amend, approve, or deny any requests for a
Formatted: Bullets and Numbering
variance based on recommendations from the Waste Water Commission.
(6) A variance of this chapter or grant of an appeal shall be by majority vote of the full City
Formatted: Indent: First line: 0.19"
Council.
Formatted: Indent: First line: 0.19", Outline numbered +
(7) The City Clerk-Treasurer shall notify the originator of the variance request or appeal of the
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
City Council decision in writing.
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
Indent at: 0.75"
Formatted: Bullets and Numbering
Formatted: Indent: First line: 0.19"
Formatted: Indent: First line: 0.19", Outline numbered +
50.99 PENALTY.
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
(A) Any person who violates any provision of this chapter, or who makes any false statement on a
certificate of compliance, shall be guilty of a misdemeanor subject to the penalty provided in §
Indent at: 0.75"
10.99 of this code.
Formatted: Bullets and Numbering
(B) In the event of a violation of this chapter, in addition to other remedies, the city may request the
City Attorney to institute appropriate actions or proceedings to prevent, restrain, correct or abate
Formatted: Indent: First line: 0.19"
the violations.
Formatted: Indent: First line: 0.19", Outline numbered +
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
Indent at: 0.75"
Formatted: Bullets and Numbering
Formatted: Indent: First line: 0.19"
Formatted: Indent: First line: 0.19", Outline numbered +
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
Indent at: 0.75"
Formatted: Bullets and Numbering
Formatted: Indent: First line: 0.19"
Formatted: Indent: First line: 0.19", Outline numbered +
Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" +
Indent at: 0.75"
Formatted: Bullets and Numbering