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HomeMy WebLinkAbout0591 ' 1. ORDINANCE NO. 591 CITY OF LAKEVILLE DAKOTA COUNTY, .MINNESOTA AN ORDINANCE AMENDING .CHAPTER 7 OF THE LAI~VII~LE CITY CODE CONCERl~TING INDIVIDUAL SEWAGE TREATMENT .SYSTEMS STANDARDS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Section 7-5-16 of .the Lakeville City code is amended in its entirety. to read: 7-5-16: INDIVIDUAL SEWAGE TREATMENT SYSTEMS STANDARDS: Dakota County On-Site Sewage Treatment System Ordinance- No. 113, as amended November 1, 1996, is hereby adopted by reference. A copy of the Ordinance shall be kept on file in the City offices. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 2nd day of necember , T996, by the City. Council of the City of Lakeville. CITY OF LAKEVII.LE BY: uane R. Zaun, M r TTEST: ~ 1 ~ ~ , ~ harlene Friedges, Chi Clerk 42893 10!01/96 f. • ~,~~a~~~~~~~ i r- ^ II it ~1,_ i ;i ~i , ORDINANCE NO. 113 INDIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE Adopted By Dakota County Board of Commissioners July 23,1996 r TABLE OF CONTENTS ' DAKOTA COUNTY ORDINANCE NO. 113 Page CHAPTER 100 GENERAL PROVISIONS l O1 Purpose and Scope 1 102 Jurisdiction of Other Agencies 1 .103 Defmitions 2 CHAPTER 200 ADMINISTRATION 201 Standards Adopted by Reference b 202 Municipal Ordinances 6 203 Shoreland and F1oodPlain Management 6 204 Higher Standard Required 6 205 Required Submission of Reports to Municipal Inspectors 6 206 Minimum Soil Observations 7 207 Prohibited Items 7 208 Required Septic Tank Sizing 7 209 Property Transaction.Standazds for sewage Systems 7 210 Environmental Management Department Jurisdiction 8 2I 1 County Duties and Responsibilities 8 212 Municipal Duties and Responsibilities 8 CHAPTER 300 STATE LICENSING OR ISIS CONTRACTORS 301 State License Required 10 302 Avoiding Conflicts of Interest 10 303 Licensing Not Exclusive 10 CHAPTER 400 MUNICIPAL PERMITS 401 Shoreland and FloodPlain Areas 11 402. Sewage System Construction Permit Required 11 i ' CHAPTER 500 MUNICIPAL VARIANCES PAGE 501 Municipalities May Issue Variances 13 502 Variance Request 13 503 Municipal Variances l3 504 Procedure for Requesting Variance 13 CHAPTER 600:HEARINGS 601 Hearing Procedures 14 602: Request for Hearing 14 603 Hearing Date 14 604 Hearing Notice 14 605 Hearing Examiner 14 606 .Conduct and Rules of the Hearing 14 CHAPTER. 700 COMPLIANCE AND ENFORCEMENT 701 General Requirements for Municipalities 16 702 Municipal Inspections and Records 16 703 Notice of Violations 18 704 Examination 18 705 Seizure, Embargo, Condemnation and Tagging 18 706 Citations 19 707 Suspension and Revocation 20 708 Summary Suspension 20 709 Suspension Re-Inspections 21 710 Revocation 21 711 Misdemeanor Penalty 22 712 Injunctive Relief and Other Remedies 22 CHAPTER 800 OPERATION AND MAINTENANCE 801 Treatable Waste and Wastewater 23 ii DAKOTA COUNTY ORDINANCE NO. 113 .INDIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE The Board of Commissioners of Dakota County, .Minnesota, does hereby- ordain and adopt this Ordinance establishing standards for and the regulation of Individual Sewage Treatment .Systems (ISTS) pursuant to Minnesota Statutes Section 115.03,. subd. 1 and Minnesota. Rules Chapter 70$0. CHAPTER. 100. GENERAL .PROVISIONS SECTION 101. PURPOSE AND SCOPE. The purpose and scope of this Individual .Sewage .Treatment Systems Ordinance is to provide standards, guidelines, and .regulations for the compliance and enforcement of the proper. siting, design, construction, installation, operation, maintenance, repair, reconstruction, inspection and permanent Abandonment of standard Sewage systems; and, subject to municipal approval, alternative, or experimental ISTS, as referenced within .Minnesota Rules Chapter 7080 and this Ordinance. It shall be the primary intent of this. Ordinance to promote the public health, safety and general welfare of Dakota County and to protect he environment and the County's natural resources. including soils, bedrock and surface and Groundwaters. To this end, this Ordinance shall provide. for the prevention and control of wastewater-related injury, disease, hazards, accidents,. nuisance conditions, environmental degradation and natural resource depletion which can result from the improper generation, storage, treatment, removal, transport, utilization and disposal of wastewater. SECTION 102. JURISDICTION OF OTHER AGENCIES.. .102.1 Minnesota Department of Health Jurisdiction. The Minnesota Department of Health. regulates Group Systems and Individual Sewage Treatment Systems of facilities for public use, such as restaurants, gas stations, mobile home parks and combined residences greater than afour-plex. In :accordance with Minnesota Rules Chapter 4720, all plans and specifications for the installation, alteration or extension of .such Sewage systems must be .submitted to, and receive approval from, the Minnesota Department of Health :before such work can begin. The Municipal. Inspector will inspect the installation of these systems, in accordance with the plans Approved by the Minnesota Department of Health. 102.2 Minnesota Pollution Control Agency Jurisdiction. The Minnesota Pollution Control Agency requires that the owners or Operators of all Group or Individual Sewage Treatment Systems designed to treat an average design flow greater than 10,000 gallons per day .must make application for and receive a State. Disposal System Permit from the Minnesota Pollution. Control Agency in accordance with Minnesota Rules Chapters 7001 and 7080. t 102.3 Metropolitan Council Jurisdiction. The Metropolitan Council may require, as part of their review and approval process of Municipal Comprehensive Plans, that Municipalities adopt a Sewage system maintenance ordinance. Such anordinance - requires inspections of septic tank(s) on a set time frame to .have the tank(s) pumped when needed. 102.4 .Environmental Protection Agency. The US Environmental Protection Agency regulates industrial wastewater treatment systems receiving nonhazardous wastes as Class V injection wells under Code of Federal Regulations, title 40, part 144. These federal. regulations along with this chapter also cover Individual .Sewage Treatment Systems serving more than 20 .persons. The US Environmental Protection Agency is also the lead agency for regulating the land application of septage. SECTION 103. DEFINITIONS. Unless the context clearly indicates otherwise,. the following words and phrases shall have the meanings ascribed to them in this Chapter. Unless .specifically defined herein, terms used in this Ordinance shall have common usage meaning. For purposes of this Ordinance, the word "may" is permissive, and the words "must" and "shall" are mandatory and not permissive unless a different definition appears in this Ordinance. 103.01. Abandonment The permanent and proper termination or decommissioning of an Individual Sewage Treatment System or device. 103.02 Applicant Any Person who applies for an Individual Sewage Treatment System Permit pursuant to this Ordinance. 103.03 Approved An action, plan or other application acceptable to the bepartment as determined by meeting appropriate criteria, standards and good public health practices. 103.04 As-Builts Previously .called "uniform records' ; these are legible drawings and documentation specifying the final in-place location, size, and. type of all system components. As-Builts .shall include inspector approval, or listed corrections needed to obtain final approval and the final approval obtained after the needed corrections are completed. 103.05 Compliance Inspection. Any evaluation, investigation, inspection or other such .process. to make. conclusions, recommendations, or statements regarding an Individual Sewage Treatment System to reasonably: assure an Individual Sewage. Treatment System is in compliance as specified by Minnesota Rules Part `7080.0060. Compliance Inspections must be conducted by a qualified employee. or under a license. independent of the Owner and the installer. 103.06 Contaminant Any physical, chemical, biological, or radiological substance or material in water which tends to degrade the environment by contributing toxicity, constituting a hazard or otherwise impairing its usefulness. 2 103.07 Contamination The presence of certain infectious or toxic agents or certain hazardous r characteristics capable of causing disease or other harm.. 103.08 Contractor This term shall have the same meaning. as "ISTS Professional" as defined in this Ordinance. 103.09 County Dakota County, Minnesota. 103.10 County Board The Board of Commissioners of Dakota County, which .also acts as the Dakota County Board of Health pursuant to Minnesota Statutes Chapter 145A. ...103.11 Department The Dakota County Environmental. Management Department, or its staff. 103.12 Embargo The withholding from use, sale or other disposition of materials, equipment, supplies or products that come under the. ~unsdiction of this Ordinance until. approval for release is given for such use, sale or other disposition- by a Municipality or the Department, or until condemned and otherwise resolved. 103.13 Failing System. Any Sewage system that: 1) discharges Sewage to a seepage pit, cesspool, drywell, or leaching pit or; 2) any system with less than three feet of oil or sand between the bottom of the distribution medium and the saturated soil level or bedrock or 3) any system posing an Imminent Threat'to Public Health or Safety. 103.14 Groundwater All subsurface water in the vadose (unsaturated) and phreatic (saturated) zones occurring naturally in soil and rock formations, whether or not capable of yielding such water to wells, and shall specifically mean that subsurface water present in the saturated zone. defined by a perched, free or confined Groundwater surface. 103.15 Group System A collective Individual Sewage Treatment System serving multiple residences. 103.16 Individual Sewage Treatment. System A Sewage treatment system, or part thereof, serving a dwelling, building,. structure or other establishment, or .group thereof, and using Sewage tanks or .advanced. treatment followed by soil treatment and disposal. Individual Sewage Treatment System includes holding tanks. 103.17 .ISTS Individual Sewage Treatment Systems. 103.18 ISIS Professional A Person who conducts site evaluations or designs,. installs, alters, repairs,: maintains, pumps, or inspects all or part of an Individual Sewage. Treatment System and ' is required to comply with applicable requirements. An ISTS Professional shall have the same meaning. as a "Contractor". 3 1.0319 Immediate Compliance Coming into compliance within 24 hours of the receiptof written or verbal orders for the correction of conditions, unless an Imminent Threat to Public Health or Safety requires an emergency response and action with out delay, which shall then be stated in the written. or verbal orders. 103.20 Imminent Threat to Public Health or Safety Situations with the potential to immediately and adversely impact or threaten public health or safety. An Imminent Threat to Public Health or Safety shall include all ground surface or surface water dischazges of waste water and any system causing Sewage backup into a dwelling or other establishment .shall constitute an Imminent Threat to Public Health or Safety. 103.21 MPCA Shall mean the Minnesota Pollution-Control Agency. 103.22 Municipality A city, village, township or other political subdivision created by or pursuant to State law or any combination of such units. acting cooperatively or jointly, but excluding counties. 103.23 Municipal Authority The governing boazd or council, or duly authorized representative of a Municipality. 103.24 Munsell Soil Color Chart The soil color charts referenced in Minn. Rules Chapter 7080, required to be used for all soils descriptions as part of the .site evaluation procedure. 103.25 Operator An owner of an Individual Sewage Treatment System or the designated .agent of the owner who is responsible for the proper operation, maintenance, repair, replacement. and Abandonment of such systems. 103.26 Permit The whole or part of a written document issued by a Municipality or a County granting permission to conduct any and all work under and pursuant to this Ordinance and related laws. and regulations, or municipal ordinances where adopted and enforced, that describes the Approved activities and all conditions of the approval. A Permit shall be issued for a specific .period of time after which it shall terminate. unless properly renewed, or suspended or revoked earlier. 103.27 Permittee .Any qualified Person to whom a valid Permit has been issued for such Approved work. 103.28 Person Any human being; any Municipality or other governmental or political subdivision. or other .public agency; 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; or any other legal entity. 103.29 Property Transaction The sale, transfer, exchange or other. conveyance. of real property or legal rights ..held by an owner. 4 .103.30 Reserve Area That portion of real property :designated by the. Department, a Municipality or a Site Evaluator/Designer to be protected from all vehicular traffic, construction and other disturbances to the original, natural soil condition so that a future Individual Sewage Treatment System or .device may be constructed meeting all Ordinance requirements when the existing primary system or device malfunctions, becomes non-repairable or when it fails to comply with this Ordinance. 103.31 Sanitary Survey A comprehensive inspection, inventory and testing of an .Individual Sewage Treatment System, :including any devices and all appurtenances, .building plumbing, and water supply storage, treatment and use devices, with emphasis on the sources of Contamination to protect public health and safety. 103.32 Sewage Any water-carried domestic waste, exclusive of footing.. and roof drainage and chemically treated hot tub or pool water, from any industrial, agricultural, or commercial establishment, or any dwelling or any otherstructure. Domestic waste includes .liquid waste produced by toilets, bathing, laundry,. culinary operations, and the floor drains associated with these sources.. Animal. waste and commercial or industrial waste are not considered domestic waste.. 103.33 Shoreland/Floodplain Areas Those areas covered by the Dakota County Shoreland and Floodplain .Management Ordinance, administered by the Dakota County Office of Planning. 103.34 Service The personal Service of a notice or other document as defined in Rule 4.03 of the Minnesota Rules of Civil Procedure or the delivery by registered or certified mail to a Person, at a certain location and by a certain date and time, exclusive of the day of Service, in order for the required notice to be officially received.. Personal Service under this Ordinance may be given at any reasonable time so as to give proper notice to a Person.. 103.35 Soil Survey The "Soil Survey of Dakota County, Minnesota" as published by the US Department. of Agriculture, Soil Conservation Service 1983 and as amended. thereafter. 103.36 Soil Observation A detailed ..examination, evaluation and written description of the soil profile at one location, using an exposed pit, probing or augering, giving particular attention to the beginning of mottling or bedrock as defined in Minn. Rules 7080. 1D3.37 State The State of Minnesota. 5 CHAPTER 200. ADMINISTRATION SECTION 201. STANDARDS ADOPTED BY .REFERENCE.. This Ordinance hereby adopts by reference Minnesota Rules Chapter 7080, "Individual Sewage Treatment System Standards'; and all future amendments, along with other related State Agency Rules referenced in Minn. Rules Chapter 7080,. and all future amendments, unless otherwise prescribed by this Ordinance. SECTION 202. MUNICIPAL ORDINANCES. It is recommended that all .municipalities located within Dakota County adopt this Ordinance No. 113 and any subsequent amendments, or .similar local regulations that. are no less restrictive. Municipalities may either use, as applicable, the variance and hearing procedures as set forth in this Ordinance; or other such procedures as provided by the Municipality. Municipalities may :allow for alternative, experimental or homeowner installed Sewage systems in accordance with Minnesota Rules Chapter 7080 and this Ordinance, and may also allow for administrative variance approval for lessor lot line Sewage system setbacks. SECTION 203. SHORELAND AND FLOODPLAIN MANAGEMENT. The Dakota County Office of Planning is responsible for administering and enforcing the Dakota County Shoreland and Floodplain Management Ordinance. Those chapters of the Dakota .County Shoreland and Floodplain Management Ordinance relating to Individual Sewage Treatment Systems shall be no less restrictive than this Ordinance and shall be administered by the .Office of Planning. Whenever a property comes under the authority of the Dakota County Shoreland and Floodplain, Zoning Ordinance, the Office of Planning shall have the authority and. responsibility of implementing: and enforcing this Ordinance and operating as a Municipality with respect to this Ordinance. The Office of , Planning can request :assistance from the Department to ensure Ordinance compliance. SECTION 204. HIGHER STANDARD REQUIRED. Where there is conflict between the provisions and interpretation of this Ordinance, other Dakota County ordinances,. local Municipal ordinances and State laws and rules, those provisions which are more restrictive and .which require the higher standard for the protection of the Groundwater and the environment shall prevail. The standards in this Ordinance are minimum standards. SECTION 205. REQUIRED SUBMISSION OF REPORTS TO MUNICIPAL INSPECTORS. A copy of all site evaluations and design nformation/reports must be submitted by the site evaluator/designer to the local ISTS inspector within 10 working days of completion of the inspection. Inspectors of existing Individual Sewage Treatment Systems must submit a copy of their reports to the local ISTS Inspector within 10 days of completion of the inspection. 6 SECTION 206.. MINIMUM SOIL. OBSERVATIONS. It shall be.the responsibility of the site .evaluator to utilize the proper professional tools, professional methods and judgments, and number of Soil Observations to verify to Minnesota Rules Chapter 7080 standards and the local authority that the site evaluation is a true and correct representation of the soils and site within. the primary and Reserve Area. The primary area shall consist of a minimum of 4000 square feet per site, unless otherwise directed by the municipal inspector. The size of the reserve area shall be similar in size as the primary area, if similar conditions prevail. The site evaluator shall use the Dakota County Soil Survey and Munsell Soil Color Charts in accordance with 7080 requirements, and shall obtain assistance from the proper authority or a more experienced site evaluator if a difficult site is encountered beyond their experience or knowledge level. Only experienced and competent soils professionals should use the small 3/4 inch core soil sampler alone for all Soil Observations. Given the requirement of an accurate and high quality situ evaluation, a minimum of four (4) Soil Observations and two (2) percolation tests .must be completed for the primary .site, and at least one soil observation in the Reserve Area. A Municipality may .give poor permission for a lessor number of soil observations. SECTION 207. PROHIBITED ITEMS. Repair or any modification of cesspools, seepage pits and dry wells for use as septic tanks or pump-lift stations is prohibited.. SECTION 208. REQUIRED SEPTIC TANK SIZING.. Septic tank sizing for new and replacement septic tank installations.- shall be .sized 50% greater than the State minimum requirement, (example: a minimum 1000 gallon tank would require a 1500 gallon size), to allow for future additional. anticipated uses. Also, if there is a planned or proposed basement toilet that will require a pump, the septic tank capacity shall be sized for both future anticipated uses and the basement raw Sewage pump in accordance with Minnesota Rules Chapter 7080.. SECTION 209. PROPERTY TRANSACTION STANDARDS .FOR SEWAGE SYSTEMS. .209.1 The seller of any property having a Sewage system .must have a State Licensed ISTS Inspector or Designer I complete the MPCA Sewage system Compliance Inspection form for existing Sewage. systems in accordance with the MPCA's "Inspection Manual for Existing Systems." 209.2 The seller must provide a copy of the completed Sewage system disclosure and Compliance Inspection forms to all potential buyers before the purchase agreement is signed, including all requirements: where a Failing System needs to be replaced with a system hat complies with this Ordinance. 209.3 The seller or buyer of a Failing System that is an Imminent Threat to Public Health or Safety must have the system repaired or replaced so .that it is no longer an Imminent Threat to Public Health or Safety within 30 days .after notification from the Municipality. If winter or excessive rain conditions prevent proper Sewage system replacement, the owner is required to take appropriate action, such as, having the septic tank(s)pumped or using less water, to eliminate any actual or Imminent Threat to Public Health or Safety. 7 The seller or buyer. of a Failing System that is not an Imminent Threat to Public Health or Safety must have the Sewage system upgraded to a complying Sewage system within 10 months after notification from the Municipality. - SECTION 210. ENVIRONMENTAL MANAGEMENT DEPARTMENT JURISDICTION. This Ordinance carries the authority of Minnesota Statutes Chapter 1:15.03 and the regulations adopted thereunder by the Minnesota Pollution Control Agency,- specifically Minnesota Rules Chapter 7080, which .allows local regulation of Individual Sewage Treatment Systems, and the authority granted under Minnesota Statutes Chapter 145A as amended, and known as the "Local. Public Health Act". Refer to Section I02 for reference to jurisdiction of other agencies. SECTION 211. COUNTY DUTIES AND .RESPONSIBILITIES. The Department and its staff shall have the following duties and responsibilities. 211.1 Receive the As-Built (uniform) records and pump/maintenance records of Individual Sewage Treatment Systems, charging the appropriate fees for .these services as set forth in the approved fee schedule, and provide for permanent storage. and retrieval as per Municipal Ordinance or citizen request. 211.2 Administer the duties of the County as specified in this Ordinance and prepare and propose Ordinance amendments as needed. 211.3 Provide limited technical assistance to Municipal Inspectors and ISTS Professionals according to County staff availability, for which the County may chazge a fee at the hourly rate set forth in the. County Boazd approved annual fee schedule. 211.4 Maintain a list of azea State licensed ISTS Contractors for distribution to the .public, Municipalities, Realtors and other interested individuals. The County. may chazge the ISTS Contractors a reasonable service fee for this service as set forth in the County fee schedule. If an ISTS Contractor. fails to provide the required As- Built records and .pump maintenance records within the time frame set forth in Section 205, .the County may temporarily remove their name from this list until such time that the required records aze submitted to Dakota County. , SECTION 212. MUNICIPAL DUTIES AND RESPONSIBILITIES. 212.1 A Municipality and/or its' staff shall receive, review and approve or reject applications/designs to install, replace or repair Individual .Sewage Treatment. Systems, confirming that only MPCA Licensed individuals aze conducting ISTS work in their Municipality. 212.2 A Municipality and/or its' staff shall conduct Compliance Inspections of newly constructed, replaced or repaired systems, requiring appropriate corrections for those parts of the Sewage system that do not meet requirements of this Ordinance and Minnesota Rules Chapter 7080. 212.3 Assure that an As-Built record is fully and correctly completed immediately after. each Sewage system installation, replacement or repair. 212.4 Forwazd As-Built records, with accompanying fees, to Dakota County within 30 days of the Sewage system completion. g J 212.5 Receive all Compliance Inspection reports on Sewage systems located within the Municipality, and require appropriate corrective actions for those .Sewage systems in accordance with this Ordinance and/or Minnesota Rules Chapter 7080. 212.6.. Respond to and take appropriate .action regarding .Sewage system related complaints. 212.7. Document violations of ISTS Professionals occurring within the Municipality, to allow the Minnesota .Pollution Control Agency to take appropriate action against licensed ISTS Professionals who violate Minnesota Rules Chapter 7080. 212.8 Require a Sewage system Compliance Inspection to be performed for a Permit application `for. a bedroom addition, and require :Sewage system upgrade for Failing Systems in accordance with applicable standards. 212.9 Administer and enforce the applicable requirements of Minnesota Rules Chapter 7080 :and this Ordinance within the Municipality, and hire or contract for the Services of a State Certified ISTS Inspector as needed to fulfill the duties and. responsibilities of Minnesota Rules Chapter 7080. 9 CHAPTER 300. STATE LICENSING OF ISTS CONTRACTORS SECTION 301. STATE LICENSE REQUIRED. 301.1 Any .Person performing any work in Dakota County related to the siting, design, construction and installation, maintenance and repair, alteration and reconstruction, investigation, inspection, permanent abandonment of an Individual Sewage Treatment System, for removal, temporary storage, transport, disposal or beneficial utilization of septage, Sewage, Sewage sludge or wastewater solids and liquids, must have a current MPCA Sewage Contractor license from. the State of Minnesota. Neither the County or any Municipality shall license Individual Sewage Treatment System Contractors or Inspectors. 301.2. No Person shall apply for a Permit from a Municipal Authority, the Dakota County Office of Planning, or the Department without ensuring that all site evaluation and design work, and all proposed construction, installation, reconstruction, cleaning and pumping work has been or will be completed by a currently licensed State Contractor. A Municipality shall not issue a Permit to an unlicensed Contractor. Any Permit that is issued to an unlicensed Person or to a licensed Contractor who uses. the services of an unlicensed .Person to perform. any work authorized by the Permit, shall be automatically void, and the Municipality shall give immediate notice to the individual(s) of that fact. SECTION 302. AVOIDING CONFLICTS OF INTEREST.. To prevent potential conflicts. of interest, Municipal Inspectors may. not perform any Individual Sewage Treatment System work or provide any service as a licensed Contractor in a Municipality where they are also providing .services as a Municipal. ; inspector. ISTS Professionals may not be the Municipal Inspector of their own work. SECTION 303... .LICENSING NOT EXCLUSIVE. The licensing of a Contractor by the State shall not exempt that Person from the need to obtain all other appropriate certifications, Permits and approvals. required from federal, State, county or municipal agencies, unless otherwise stated in this Ordinance. io CHAPTER 400. K MUNICIPAL PERMITS SECTION 401. SHORELAND AND FLOODPLAIN AREAS. For Shoreland and Floodplain areas in Townships, the Dakota County Office of Planning shall operate as a Municipality for purposes of this Ordinance. .SECTION 402. SEWAGE SYSTEM. CONSTRUCTION PERMIT REQUIRED. 401.1 No Person shall excavate, .construct, .install, replace, reconstruct, .extend or otherwise modify or alter an Individual Sewage Treatment System, or any component thereof, in Dakota County, without first applying for and obtaining a .valid Sewage system construction Permit from the Municipality in which the real property is located. A Sewage system construction Permit shall require that all parts of the Sewage system be brought into compliance, and that. an "As-Built" record be properly filled out immediately after system completion, and be submitted to Dakota County within 30 days. 401.2 Sewage system construction Permits shall be required for the excavation, construction, installation, replacement, reconstruction, extension, modification or alteration of an Individual Sewage Treatment System located on residential or nonresidential real property, regardless of the location of final treatment or disposal. A Sewage system is not approved until a properly completed "As-Built" record is in the possession of the Municipal Inspector. 401.3 A Sewage system permit and "As-Built" ..record are .not required to repair or replace a crushed pipe, a :pump, floats or other electrical devices of the pump, baffles in the septic tank, inspection pipes, septic tank access cover or extension ring(s), or the septic tank cover. ~t " CHAPTER 500. ,MUNICIPAL VARIANCES SECTION 501. MUNICIPALITIES MAY ISSUE VARIANCES. Municipalities may use these variance procedures, or they may adopt their own variance procedures that are consistent with the procedures provided in this chapter. SECTION 502. VARIANCE REQUEST. A property Owner may request a variance. from specific ISTS requirements of this Ordinance, a Municipal ordinance, or the Dakota County Shoreland and Floodplain Zoning Ordinance. SECTION 503. MUNICIPAL VARIANCES. A Municipality may grant variances from a Municipal Ordinance for. new and repaired ISTS, but only when the purpose and intent of the variance is consistent with this Ordinance, the Dakota County Comprehensive Plan and the Dakota County Groundwater Protection .Plan. As referenced in Section 202, Municipalities may allow for administrative variance approval for lessor. lot line sewage system setbacks. SECTION 504. PROCEDURE FOR REQUESTING VARIANCE. 504.1. An application for a variance shall be filed with the Municipal Authority, and shall be accompanied by development plans and specifications. showing :all information as the Municipal Authority may reasonably require to assess the variance request. The plans need not. meet all necessary engineering or construction details so long as they contain sufficient information for the Municipal Authority to determine whether the proposed variance will meet all applicable development standards if the variance is granted. In all cases the application shall include: a) names, addresses, and telephone numbers of the Applicant and Permittee; b) the legal. description of the real .property on which the system will be located; c) the names, addresses and `telephone numbers of the Owners of the property or any Persons having a legal interest therein; d) a site plan showing all pertinent dimensions, buildings, structures and significant natural.. features having an influence on the variance; e) copies of required Municipal, County, State or federal ..Permits or approvals; and f) a description of the variance requested .and a statement outlining the unique or particular situation or peculiar hardship that creates the need for a variance. 12 504.2 At its option, a Municipality may hold a public meeting or meetings on any y application for a variance. If a public meeting is held,.notice of the purpose, time and place of the :meeting shall be published in a newspaper of general circulation in the ..township, municipality or other areas concerned and in the official newspaper of the County at least L0 days prior to the date of the meeting. Written notice of the public meeting shall be mailed to all property Owners of record within 500 feet of the subject property, the Board of Town Supervisors, and to the Municipal Authority of any Municipality within 2 .miles of the subject .property. 504.3 All administrative costs forconducting thepublic meeting shall be borne by the Person. requesting the variance if the Municipality requests reimbursement of the costs. Such costs shall. include, but are not be limited to, actual expenses incurred by the Municipality for publishing the notice and conducting the public hearing. 504.4 All .decisions by the Municipal .Authority on variance requests shall be final except that any aggrieved Person. or Persons, or any Department,- board or commission of the Municipality or of the State shall have the right to appeal within 30 days for a hearing before the Municipal Authority. 504.5 No application for. a variance which has been denied wholly or in part shall be resubmitted for a period of 6 months from the date of said denial, except on the grounds of relevant new evidence or proof of significant change of conditions. 504.6 Each violation of any. condition set forth in the. variance shall be a separate violation of this Ordinance and shall be sufficient grounds for terminating the variance. 504.7. In exercising its authority 'to review any .order, requirement, decision or determination made by any administrative official, the Municipal Authority shall not grant, any variance. unless it finds the following .facts at the meeting where the Applicant shall. present a statement. and evidence on such forms as the Municipal Authority may require: a) that by reason of exceptional circumstances the strict enforcement of any provision of this Ordinance would cause undue hardship; .and b) that disposal of the Sewage is necessary for the public health, safety, or welfare; and c) that strict conformity with the standards would. be unreasonable, impractical, not feasible under the circumstances, or not reasonable due to proximity of Sewage systems. 504.8 Upon a request for a review. of a previously .granted variance, the Municipality .may reconsider and amend specific conditions.. attached to a variance provided that they are in .harmony with the general purposes and intent of this Ordinance, Dakota County Comprehensive Plan, .:Dakota County Groundwater Protection Plan, and Municipal Wellhead Protection Plan(s) and provided that the new or amended conditions are Approved by the local Municipal Authority or the Dakota County Office of Planning, if applicable. 13 CHAPTER 600. HEARINGS SECTION 601. HEARING PROCEDURES Hearings related to County .action under this Ordinance shall be conducted consistent with this chapter. If a Municipality has adopted this Ordinance and a hearing related to action taken by that Municipality is requested, the Municipality may follow the hearing procedures in this chapter by substituting the term "Municipality" for "County Board" or "Department", or the Municipality. may use other hearing procedures that have been adopted by, or that aze used by the Municipality. SECTION 602. REQUEST .FOR HEARING. If any Applicant, .licensee or Permittee properly requests a hearing on the denial, suspension, or revocation of a Permit, or denial of a variance, a hearing shall be held before the Municipal Authority, or. a hearing examiner as provided below, and shall be open to the public. SECTION 603. HEARING DATE. Unless a written request for an extension of time is submitted to the County Boazd and is granted, the hearing will be held no later than 45 calendaz days after the. date of Service of request for a hearing,. exclusive of the date of such Service. In any event, such hearing shall be held no later than 90 calendar days after the date of Service of request for a hearing, exclusive of the date of such Service. SECTION 604. HEARING NOTICE The Department shall mail notice of the hearing to_ the Person requesting. the hearing. at least fifteen (15) working days prior to the hearing. Such notice shall include: 604.1 a statement of the date, time, place and nature of the hearing; 604.2 a statement of the legal authority and jurisdiction under which the hearing is to be held; and 604.3 a reference to the particulaz chapter or Section of the Ordinance and rules involved. SECTION 605. HEARING EXAMINER. The County. Board may, by resolution, appoint an individual, to be known as the hearing examiner, to conduct the hearing and to make findings of .fact, conclusions and recommendations. After completion. of the hearing, the hearing examiner shall submit the findings of fact, conclusions and recommendations to the County Board in a written report, and the County Board may adopt, modify or reject the report. 14 SECTION 606. CONDUCT AND RULES OF THE HEARING. 606.1 The Person requesting the. hearing may be represented by legal counsel. The County, the Applicant, licensee or Permittee and any additional parties as _ determined by the County Board or the hearing. examiner., in that order, shall .present evidence. All testimony shall be sworn under oath. All parties shall have full. opportunity to respond to and present evidence, cross examine witnesses, and present argument. The County Board or the hearing examiner may also examine witnesses: 606.2 If the Person requesting the hearing fails to appear at the. hearing, the right to a .public hearing before the County Board or hearing examiner shall be forfeited. 606.3 The County shall have the burden of proving its position by a preponderance of the evidence, unless a different burden is provided by law, and all findings of fact, conclusions, and decisions by the County .:Board or .findings of fact, conclusions and recommendations by the hearing examiner, shall be based on the .evidence presented and matters officially noticed: 606.4 All evidence which has probative value including hearsay, may be admitted if it is the type of evidence on which. prudent Persons are accustomed to rely in the conduct of their serious .affairs. Evidence which is incompetent, irrelevant, immaterial or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the written notice of .suspension, summary suspension termination, revocation or denial, or in the. written request for a hearing. 606.5 At the request of any party, or upon motion of the County Board or hearing examiner, apre-hearing conference shall be held. The pre-hearing .conference shall be conducted by the. hearing. examiner, if the County Board has chosen to use one, or by a designated representative of the. County Board. The pre-hearing conference shall be held. no later than 5 working days before. the hearing.. The purpose of the pre-hearing conference is to: .606.51 clarify the issues to be determined at the hearing; 60b.52 provide an opportunity for discovery of all relevant documentary photographic or other demonstrative evidence in the possession of each party. The hearing examiner representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction;. and 606.53 provide an opportunity for discovery of the full names and addresses of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known, the party shall describe them thoroughly by job duties and involvement with the facts at issue. 606.6 If apre-hearing conference is held, evidence not divulged as provided above shall be excluded at the hearing unless the party advancing the .evidence took all reasonable steps to divulge into the adverse party prior to the hearing and: .606.61 the evidence .was not known to the .party at the time of the pre-hearing conference; or 606.62. the evidence is in rebuttal to matters raised for the first time at or subsequent to the pre-hearing conference: t5 CHAPTER 700. COMPLIANCE AND ENFORCEMENT SECTION 701. GENERAL REQUIREMENTS FOR MUNICIPALITIES. 701.1 Municipal Responsibilities. Municipalities shall regulate all Individual Sewage Treatment Systems located within its boundaries, pursuant to this Ordinance and shall enforce .its provisions .whenever Failing. Systems, non-complying Sewage systems or other violations are documented. Such regulation can include inspection, Sanitary Surveys, investigations, plan. reviews, technical assistance and. evaluation, testing. and other evaluations. 701.2 Municipal Regulation. Wherever a municipal ordinance has been adopted which complies to and is no less restrictive than this Ordinance, that Municipality shall have the authority and responsibility of implementing and enforcing his Ordinance or the more restrictive provisions of the Municipal Ordinance. The Municipal Authority shall cooperate and coordinate with the Department to ensure Ordinance compliance. 701.3 Costs. All costs of County regulatory compliance and enforcement of this Ordinance shall be borne by the current property Owner, unless otherwise provided by this Ordinance, who shall pay all documented costs no later than 30 calendar days from the date of~billing. If the owner fails to pay all .such bills, the Department may certify to the County Auditor a request for an assessment in the amount of .the unpaid costs as a special tax against the Owner's real property or other such remedies at the discretion of the Department. .701.4 Access to Premises and Records.. Upon the request of a Municipality or the Department, the Applicant, Permittee or any other Person shall allow access at any reasonable time to any property or premises, and any related records or documents, for the purposes of regulating and enforcing thin Ordinance. 701.5 Interference Prohibited. No Person shall hinder nor otherwise interfere with the Municipality or it's authorized agents, the Department, or its .staff, in the performance oftheir duties and responsibilities pursuant to this Ordinance. Refusal to provide the Municipality or Department with reasonable access to the property., premises, related records or documents shall be deemed a .separate and distinct violation of this Ordinance, whether or not any other specific violations are cited. 701.6 Additional Requirements. Each Municipality and the Department may establish additional policies, procedures, guidelines and other requirements for regulating and enforcing this Ordinance, including the ability to require Immediate Compliance. SECTION 702. MUNICIPAL INSPECTIONS AND RECORDS, 702.1. Municipal Inspections. 702.11 A Municipality, its designated agents, the Department or its staff may inspect Individual Sewage Treatment Systems as frequently as it may deem necessary to ensure compliance with this Ordinance, including reinspections as needed to verify the correction or removal of any violations cited. 702.12 A Municipality or the Department may issue written orders to correct violations, or to remove a system in violation of this Ordinance. 16 702.13 Failure to comply with such written orders for the correction or removal of each violation shall constitute a separate and distinct offense regardless of the disposition of the original violation. 702.2 Notification of Request for Municipal Inspection. .702.21 It shall be ahe duty. of the Permittee or Contractor to give reasonable notice to the Municipality either in Person, by telephone or in writing, as well as retain a record of such notification,.at the following times, so that the: Municipality can perform a timely inspection: a) when. the "construction, installation, reconstruction or permanent Abandonment of a system will begin; b) whenthe construction, installation or reconstruction will be completed but prior to any covering or enclosure of the system or device by soil or other material; c) at other times as required by a Permit; d) whenever significant problems develop .which, in .the Permittee's or Contractors opinion, requires technical assistance, other advice or action; and e) at any other times :required by orders for correction of violations, .administrative„ actions or enforcement actions issued by the Municipality or Department. 702.22 Notification to Municipalities for inspections shall be made during normal business hours on the workday preceding the day the inspection is desired, excluding evenings, Saturdays, Sundays or holidays. If the time for an inspection must be changed, the finalinspection notice shall be given not less than four hours before a system, device or site was originally scheduled for inspection unless otherwise Approved by the Municipality. 702.23 Notification to Municipalities .for inspections shall :not be construed as an obligation to appear for an inspection unless prearranged by the inspector at least 24 :hours before the inspection time. 702.24 The Municipality may require the Permittee to file an affidavit with the Municipality attesting that the work was :performed and ahe equipment and materials were constructed and installed in accordance with the standards, Approved plans, and Permit conditions and that the system is free from defects. 702.3 Municipal and County Records. 702.31 Record Keeping. Permittees and ISTS Professionals shall maintain all necessary books and records, including, but .not limited to, Permit applications, ..plan and specification documents, Permit copies, inspection reports, correction orders and. re-inspection. reports, bills of lading, receipts and other information and data relevant to the. Individual Sewage Treatment System, device or site. Failure to maintain such records shall be sufficient cause for the Municipality. or Department to commence appropriate enforcement actions to ensure compliance.. 702.32 .Access for Review. Permittees and ISTS Professionals shall allow access to all such records at any reasonable time upon the request of the Municipality or Department. Failure to allow reasonable access by the Department shall be 17 sufficient cause for the Department to commence appropriate enforcement actions to ensure compliance. y 702.33 "As-Built" (Uniform) Records and Other Reports. For each newly constructed or reconstructed Individual Sewage Treatment System, an As-Built record shall be properly completed. At a minimum, As-Built records must be submitted to the Municipal Inspector no later than 10 days from Sewage System completion. The. As-Built plan shall be reviewed and Approved or rejected by the inspector. The original As-Built records may be retained by the Municipality, and a legible copy shall be sent or delivered to the Department in a timely manner with appropriate required fees, but no later than 30 days after completion of the system or device. Other reports, as required by this Ordinance, shall be provided to the Department in a timely .manner or upon request, but not to exceed 30 days unless requested earlier. 702.34 Pump Maintenance Records. For each Sewage tank system that is pumped, a pump maintenance record, as established by the Department, shall be completed. A legible copy or the original of this record shall be sent or delivered to the Department in a timely manner, not to exceed 30 days. SECTION.703. NOTICE OF VIOLATIONS. Unresolved and either sepazate, recurrent or continuing violations of this Ordinance by an Applicant, licensee Permittee, Contractor or any other Person, as determined by inspections, re-inspections, or other investigations, shall .constitute noncompliance, and, therefore, the Municipality or Depaztment may issue and serve a formal notice of violations, either in person or by certified or registered mail. A notice of violations shall contain statements documenting the findings of fact, listing the specific .violations, describing the requirements for the correction or removal of said violations, imposing a mandatory. time schedule for compliance and assessingpenalties and other remedies. SECTION 704. EXAMINATION. Samples of waste, wastewater, water, or other environmental. samples and specimens may be collected without cost to the Municipality or Department. from a system, device, site, well, water supply. or other related location or operation and may be examined by the Municipality or Department as often as may be necessary to protect the environment and promote the public health, safety and general welfare: A fee for. Service may be chazged for said collection and .examination and, if so, must be paid to the Municipality or Department within thirty (30) days of billing. Standard, Environmental Protection Agency or other Approved testing methods for the collection .and examination of waste, wastewater, water, environmental samples. or other specimens shall. be utilized, and a copy of the laboratory report shall be provided to the responsible Person. SECTION 705. SEIZURE, EMBARGO, CONDEMNATION AND TAGGING. A Municipality or the Department may seize, Embargo or condemn any system, device or its appurtenances, or require repair or abandon equipment,. supplies and machinery,. or other materials, devices, products or Services which do not meet the requirements of this Ordinance and whose continued use or presence may pose a potential or imminent threat to the .environment or an .Imminent Threat to Public Health or Safety. Seized or Embazgoed items may be examined or otherwise evaluated by a Municipality, or the Department to determine compliance with the provisions of this Ordinance. After completing its evaluation or inspection, a Municipality or the Department. shall determine if such items maybe released from seizure or Embazgo'or will be condemned for removal or destruction. A Municipality or the Department may condemn. and cause to be properly abandoned, removed or destroyed any such item which does not comply with this 18 • Ordinance, which is being used or is present in violation of this Ordinance. or which is otherwise determined to be harmful to public health, safety. or the environment. A Municipality or the Department will use a red tag to indicate the seizure or Embargo of any item or to otherwise identify its condemnation. No Person may remove this tag or other .identification, except under the specific direction of the Municipality or the Department. Removal of an Embargo or condemnation tag without proper authorization shall constitute a violation of the Ordinance. SECTION 706. CITATIONS. m 706.1 Municipalities May Follow these Procedures. Citations related to County action under this Ordinance shall be conducted consistent with. this chapter. If a Municipality has adopted this Ordinance and that Municipality desires. to use citations, the Municipality may follow the citation procedures in this chapter by substituting the term "Municipality" for "County Board" or "Department", or the Municipality may use other citation procedures that have been adopted by, or that are used by the .Municipality. 706.2 Authority for Citations. The Department or any of its .duly authorized representatives charged with the responsibility of the regulation and enforcement of this Ordinance shall have the power to issue citations for violations of this Ordinance. Such representatives may not physically arrest or take into custody any violators. .706.3 Issuing Citations. Whenever any representative of the Department discovers any violation. of this. Ordinance, the representative may write and issue a citation to the Person alleged to have committed the violation. A citation shall be made. out in quadruplicate (4). One copy. shall be issued to the Person alleged to have ..committed the violation; two copies shall be filed with the Department; and one copy shall be filed with the Dakota County Auditor's .Office. Appropriate documentation and evidentiary -collection .shall be maintained on .file at the Department. 706.4 Form of Citation.. Citations shall contain at least the following: a) the name, address and telephone number of the Owner or Person in charge of the premises at which the violations occur; b) the date, time and place of the violations; c) a short description of the violation followed by the chapter or section of the Ordinance violated; d) the date and place at which the Person receiving the citation is to appear, and a notice providing that.. if such. Person does not respond, a warrant may be issued for that Person's arrest; and e) such other information as the Courts may specify, 706.5 Issuance of Citations. The citation shall be issued either by personal Service or by registered or certified mail to the Person alleged to .have committed the violation, or in the case of a corporation or Municipality, to' any officer or agent expressly or otherwise authorized to accept. Service of legal documents..- 706.6 Appearance. After the. issuance of the citation and within such time as shall be .fixed by court rule, the Person charged with .the violation shall report to the Department. If the Department marks the citation with "Court Appearance 19 Required," the Person or his authorized agent shall be required to appear before . the District Court at the date, time and place established and. stated on the citation. 706.7 Formal Complaint. If the Person charged with the violation does not appear at the Department within the time specified by court rule, the Department shall send a notice directing .the Person to respond to the citation within 7 days of the date of the notice and if such Person fails to timely respond, the Department, through the County Attorney's Office, may cause a formal complaint to be signed and a warrant to be issued for the arrest of such Person to compel an appearance in court. SECTION 707. SUSPENSION AND REVOCATION. 707.1 General Municipalities may use these Suspension and Revocation. procedures or may adopt their own variance procedures that are consistent with the procedures provided in.this chapter. 707.2 Suspension. Any Permit required under this Ordinance may be suspended by the Municipality or Department for violation of any provision of this Ordinance. Upon written notice to the Applicant and Permittee, .said Permit may be suspended by the Municipality or Department .for a period not longer than 60 days, or until the violation is corrected. Such suspension shall occur 10 working days after written notice of suspension has been served on the Permittee unless the Department determines that an Imminent Threat to Public Health or Safety .and the- environment requires summary suspension. If a .hearing is requested, under Chapter 600 of this Ordinance, suspension shall not occur until written :notice of the Municipality or Department action has been served on the Permittee. Notice to the Permittee shall be served personally or by registered or certified mail at `the address designated in the Permit .application. Such written notice of suspension shall contain the effective date of the suspension, the nature of the violation or violations constituting. the basis .for the suspension, the facts which support the conclusion that a violation(s) has occurred,. and a statement that the Permittee may appeal the. suspension by filing a request for hearing, within 10 working days, exclusive of the day of Service.. The hearing request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail by the Municipality or Department no later than midnight of the tenth working day following Service as defined in chapter .102.27 of this Ordinance. Following receipt of a request for a hearing, the Department shall set a time and place for hearing. 707.3 Notice of Continued Suspension If said suspension is upheld and the Permittee has not demonstrated within the 60 day period that the provisions of the Ordinance have been complied with, the Department may serve notice of continued suspension for up to an additional 60 days or initiate revocation procedures. SECTION 708. SUMMARY SUSPENSION. 708.1. Municipalities may use these Summary Suspension procedures or may adopt their own Summary Suspension procedures that. are consistent with the procedures provided in this chapter. 708.2 If the Department finds that an .imminent threat to the environment or an Imminent Threat to Public Health or Safety, requiring emergency action, and incorporates a finding to that effect in its order, summary suspension of the Permit may be ordered. Written notice of such summary suspension shall be served, as 20 defined in Section 102.27, personally on the Permittee or by registered or certified mail to said Permittee at the address designated in the Permit application. In r addition, the Municipality or Department may post copies of the notice of .summary suspension of the .Permit on the property. Said posting shall constitute the notice required under this chapter. 708.3 The .written .notice in such cases shall state the effective date of the summary suspension and the .nature of the violation requiring emergency. action, the .facts which support the conclusion that a violation or violations has occurred and a statement that if the Permittee desires to appeal he must, within ten (10) working days, exclusive of the day of Service as defined in section 102.27, file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and served personally or be registered or certified mail on the Municipality or Department no later than midnight of the tenth working dayfollowing Service. Following receipt of a request for an appeal, the Municipality or.Department shall set a time and a place for the hearing. 708.4 The summary suspension shall not be stayed pending an appeal or informal review by the Municipality or Department, but shall be subject to dismissal upon a favorable re-inspection by the Municipality or Department. SECTION 709. SUSPENSION RE-INSPECTIONS. Upon. written notification from the Permittee that all violations for which a suspension or summary .suspension was invoked have been corrected, the Department shall re-inspect the system, device, site or activity within a reasonable length of time, but in no case more than 5 working .days after receipt of the notice from the Permittee. If the Department finds upon such re-inspection that the violations constituting the grounds for suspension have been corrected or removed, the Municipality or the Department shall immediately dismiss the suspension by written notice to the Permittee, designated in the Permit application. SECTION 710. REVOCATION. 710.1 Municipalities may use these Revocation procedures or may adopt their. own Revocation procedures that. are consistent with the procedures provided in this chapter. 701.2 Any Permit. granted pursuant to thin Ordinance may be revoked. by the Department for violation of any provisions of this Ordinance. 710.3 Revocation shall not occur earlier than ten 10 working days from the time that written notice of revocation. is served on the Permittee. If a hearing is requested, revocation shall not occur until written notice of the Department action has been served on the Permittee. Notice to the Permittee shall be served, as defined in chapter 102.27, personally or by registered or certified mail at the address designated in the Permit application. Such written .notice of revocation .shall contain the effective .date of the .revocation, the nature of the violation or violations constituting the basis for the revocation, the. facts which support the conclusion that a violation or violations has occurred and a statement that if the Permittee desires to appeal, he must within 10 working days, .exclusive of the day of Service, file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the Department no later .than midnight of the tenth County working day following Service. Following receipt of a request for a hearing, the Department shall set a time and a place for the hearing. 2Y SECTION 711.: MISDEMEANOR PENALTY. Any Person who fails to comply with any of the provisions of this Ordinance. shall be guilty of a .misdemeanor as provided by Minnesota Statutes Section 115.03 and other laws, and upon conviction thereof, shall be punished as provided by law. A separate offense shall. be deemed committed each day during or upon which a violation occurs or continues. SECTION 712. INJUNCTIVE RELIEF AND OTHER REMEDIES. In the event of a violation or a threat of violation of this Ordinance, the Municipality or Department may institute appropriate civil. actions or proceedings, including requesting injunctive relief, to prevent, restrain, correct or abate such violations or threatened violations. The Municipal Authority. or Department may recover costs. incurred for corrective action in a civil action in any court of competent jurisdiction. At the discretion of the Department, .the costs for the Department may be certified to the County Auditor as a special tax :against the real property. These and other remedies, as determined appropriate by the Department, may be imposed upon the Applicant, Permittee, Contractor or other responsible Person either in addition to or separate from other enforcement actions. 22 CHAPTER 800. OPERATION AND MAINTENANCE SECTION 801. TREATABLE WASTE AND WASTEWATER. 801.1 No Person,. property Owner or other entity shall cause. or allow the. release of .any wastes, wastewaters or other substances by spillage, leakage or other incident which cannot be properly treated by an Approved soil treatment unit or by an Approved, manufactured treatment system or device, .unless otherwise regulated by competent authority, 801.2 The release of hazardous or toxic materials or wastes or the release of wastes, wastewaters or other substances in which such hazardous or xoxic materials or wastes are significant constituents, shall be strictly prohibited and enforced under this Ordinance.. Persons, property Owners and other entities who allow or cause the improper construction, location, use, interconnection, storage or disposal of such materials or wastes shall be held jointly responsible for the abatement, remediation and other resolution of said release. 801.3 The use of additives or products to reputedly modify or improve wastewater treatment shall be restricted to only those reviewed and Approved by the State. Manufacturer shall .provide demonstrable, scientific proof of such claims which shall also verify that the additives,. products or applications do not damage the .systems or devices, do not cause environmental harm and do not endanger the public health and safety. Anon-refundable fee for the review shall be required regardless of the approval or disapproval. of the particular additive, product or application. 23 w Passed by the Dakota County Board of Commissioners this 4th day of June, 1985. Amended by the Dakota County Board of Commissioners this 23rd day of July, 1996. The effective date of these amendments is November 1, 1996. ATTEST: COUNTY OF DAKOTA, STATE OF MINNE T ~ Mary S. Sc ide chae .Turner, Chairman Clerk to th oard Dakota County Board of Commissioners DATE: ~ ' ~ fo Date: ~ ~L~ j ~ b ~1 6 ~ ~~YE~ Approved. as to Form/Date p ' d as Execution/Date Jay R Stassen Jay Stassen :assistant County Attorney Assistant County Attorney Ordinance History . Originally adopted: June 4, 1985 First Amendments: 7uly 23, 1996 Ord. No. 113 PUBLIC NOTICE ORDINANCE NO. 591 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA An Ordinance Amending Chapter 7 of the Lakeville City Code Concerning Individual Sewage Treatment Systems Standards The City Council of the City of Lakeville Ordains: SECTION 1: Section 7-5-16 of the Lakeville City code is amended in its entirety to read: 7-5-16: INDIVIDUAL SEWAGE TREAT- MENT SYSTEMS STANDARDS: Da- kota County On -Site Sewage Treatment System Ordinance No. 113, as amended November 1, 1996, is hereby adopted by reference. A copy of the Ordinance shall be kept on file in the City offices. SECTION 2: This ordinance shall be effective im- mediately upon its passage and publication. ADOPTED this 2nd day of December, 1996, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: Duane R. Zaun, Mayor ATTEST: (s) Charlene Friedges, City Clerk (Published in the Lakeville Life & Times on December 7, 1996.) RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $16.20 per column inch. (2) Maximum rate allowed by law for the above matter: $16.20 per column inch. (3) Rate actually charged for the above matter: $9.54 per column inch, 1st week and $9.06 per column inch, successive weeks. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. #591 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Saturday, the 7th day of neremb r , 1996; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefgh ij kl m nopgrstuvwxyz BY: ,C TITLE: Publisher Subscribed and sworn to before me on this 11th day of Notary Public Dece • • r , 1996. 4 BARBARA1GROSBERG „„,w,,AANWVW,AA.AANN.N NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1 31-00