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HomeMy WebLinkAboutItem 06.eDate 10/26/2010 Proposed Action Staff recommends adoption of the following motion: Move to adopt amendments to City Code Title 7, Chapter 5, Section 16 concerning Subsurface Sewage Treatment Systems (SSTS). Passage of this motion will result in the City of Lakeville being in conformance with Minnesota State Rules Chapter 7082 requiring that cities adopt rules that are at least equal to Dakota County's ordinance. Overview Primary Issues to Consider Item No. Ordinance Amending Title 7, Chapter 5 of the Lakeville City Code Concerning Septic Systems On February 4, 2008, in accordance with the authority granted in Minnesota Statutes, the Minnesota Pollution Control Agency (MPCA) promulgated revised rules for the regulation of SSTS. These rules provide minimum environmental protection standards for SSTS to protect the public health, safety, and general welfare by regulating the discharge of adequately treated sewage to groundwater. The Minnesota Rules chapters 7080, 7081, 7082 and 7083 relate to the proper location, design, installation, use, and maintenance of SSTS and the adoption of county ordinances that reasonably ensure proper permitting, inspection, and operation of SSTS. Dakota County adopted a new septic system Ordinance No. 113 on November 17, 2009. State Rules require that cities adopt the minimum County Ordinance standards into their own local septic system ordinances within one year after the County's ordinance adoption. • What is the impact of the proposed code changes? It brings the City in compliance with the current County Ordinance No. 113 Subsurface Sewage Treatment Systems (SSTS) as required by state rules. Supporting Information Gene Abbott Building Official See attached memo and supporting documents Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. , AN ORDINANCE AMENDING TITLE 7 CHAPTER 5 OF THE LAKEVILLE CITY CODE, CONCERNING SEPTIC SYSTEMS This ordinance adopts by reference the Dakota County Subsurface Sewage Treatment System Ordinance No. 113, as amended, with additional amendment by the City. Ordinance No. 113 adopts by reference the MPCA Sewage System Rules and other standards and requirements that are more restrictive. The Ordinance contains standards and regulations for the siting, design, construction, installation, operation, maintenance, repair, reconstruction, inspection and permanent abandonment of septic systems. A printed copy of the Ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. APPROVED FOR PUBLICATION this day of , 2010, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: ATTEST: Charlene Friedges, City Clerk 10505 12/01193 Holly Dahl, Mayor ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 5 OF THE LAKEVILLE CITY CODE CONCERNING WATER AND SANITARY SEWER SYSTEMS THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 7 -5 -16 of the Lakeville City Code is amended to read: A. Subject to the amendments set forth in this section, Dakota County Subsurface Sewage Treatment System Ordinance No. 113, as amended, is hereby adopted by reference. A copy of the Ordinance shall be kept on file in the City offices. B. The following references in Ordinance No. 113 are replaced: 1. replace "County" with "City of Lakeville" 2. replace "County Board" with "City Council" 3. replace "Dakota County Attorney" with "City Attorney" C. Section 2.06 of Ordinance No. 113 is amended to provide: "DEPARTMENT" means the Building Inspection Department of the City of Lakeville, its staff and designated agents." D. Ordinance No. 113 is amended by adding section 2.26 to provide: "CITY" means the City of Lakeville." E. Section 2.18 of Ordinance No. 113 is amended to provide: "SHORELAND /FLOODPLAIN AREA" means those areas defined by City Ordinance. F. Section 13.00 of Ordinance No. 113 is amended to provide: SECTION 13.00 HEARINGS Hearings requested under this ordinance shall be held before a hearing examiner as provided below, and shall be open to the public. 153105v02 1 RNK:r10/01/2010 A. TIMEFRAME FOR HEARING. Unless an extension of time is requested by the appellant in writing directed to the City Administrator and is granted, the hearing will be held no later than 45 calendar 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. B. NOTICE OF HEARING. The City Administrator shall mail notice of the hearing to the appellant at least 15 working days prior to the hearing. Such notice shall include: 1. A statement of time, place and nature of the hearing. 2. A statement of the legal authority and jurisdiction under which the hearing is to be held. 3. A reference to the particular section of the ordinance and rules involved. C. HEARING EXAMINER. The City Administrator or Administrator's designee shall be the hearing examiner, to conduct the hearing and to make findings of fact, conclusions and recommendations to the City Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the City Council in a written report and the City Council may adopt, modify or reject the report. D. CONDUCT OF THE HEARING. The appellant and the department may be represented by counsel. The department, the appellant, and additional parties, as determined by the hearing examiner, in that order, shall present evidence. All parties shall have full opportunity to respond to and present evidence, cross - examine witnesses, and present argument. The hearing examiner may also examine witnesses. E. BURDEN OF PROOF. The department shall have the burden of proving its position by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of fact, conclusions, and decision shall be based on evidence presented and matters officially notices. F. ADMISSION OF EVIDENCE. All evidence that possesses 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 that is incompetent, irrelevant, immaterial or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the department's written notice of suspension, summary suspension, revocation, or denial of a permit, or in the written request for a hearing. G. PRE - HEARING CONFERENCE. At the written request of any party, a pre - hearing conference shall be held. The pre - hearing conference shall be conducted by 153105v02 2 RNK:r10 /01/2010 the hearing examiner The pre - hearing conference shall be held no later than five working days before the hearing. The purpose of the pre- hearing conference is to: 1. Clarify the issues to be determined at the hearing. 2. Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. 3. Provide an opportunity for discovery of the full name and address 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. 4. If a pre - 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 it to the adverse party prior to the hearing and: 153105v02 3 RNK:rl 0/01/2010 a. The evidence was not known to the party at the time of the pre - hearing conference; or b. The evidence is in rebuttal to matters raised for the first time at or subsequent to the pre - hearing conference. H. FAILURE TO APPEAR. If the appellant fails to appear at the hearing, appellant shall forfeit any right to a hearing before the City Council or hearing examiner. Appellant's failure to appear shall also be deemed as a waiver of appellant's right to appeal the department's decision and the department's decision shall stand. I. APPEAL OF CITY COUNCIL DECISION. Any appellant aggrieved by the decision of the City Council may appeal that decision to any court with appropriate jurisdiction. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2010, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE ATTEST: Charlene Friedges, City Clerk BY: 153105v02 4 RNK:r10 /O1 /2010 Holly Dahl, Mayor Memorandum item No. City of Lakeville Building Inspections To: Mayor and City Council members Steven Mielke, City Administrator David Olson, Community and Economic Development Director From: Gene J. Abbott, Building Official Date: 10/13/2010 Subject: Adoption of County Subsurface Sewage Treatment System (SSTS) ordinance On February 4, 2008, in accordance with the authority granted in Minnesota Statutes, Chapters 103F, 103G, 115, and 116, the Minnesota Pollution Control Agency (MPCA) promulgated revised rules for the regulation of SSTS. These rules provide minimum environmental protection standards for SSTS to protect the public health, safety, and general welfare by regulating the discharge of adequately treated sewage to groundwater. The Minnesota Rules chapters 7080, 7081, 7082 and 7083 relate to the proper location, design, installation, use, and maintenance of SSTS and the adoption of county ordinances that reasonably ensure proper permitting, inspection, and operation of SSTS. Dakota County adopted a new septic system ordinance 113 on November 17, 2009. State Rules require that cities adopt the minimum County Ordinance standards into their own local septic ordinance within one year after the County's Ordinance amendment. Most of the changes that will come forth are directly from the new Minnesota Pollution Control Agency (MPCA) rules. Dakota County Ordinance 113 Standards that are more restrictive than MN Rules 7080 — 7083 Property for Sale (Section 9.02 C & D). A Compliance Inspection Report must be completed by a MPCA Licensed Compliance Inspector for all for -sale properties. Failing systems must be upgraded in 10 months. (MN Rules reference only owner disclosure form.) Timeframe for Correcting Failing Sewage Systems (Section 5.02 B). Failing sewage systems requiring upgrade as a result of compliance inspections (property for sale, bedroom addition, and a municipality resolving a complaint) must be corrected within 10 months. (MN Rules 7082.01 requires upgrade "within a specified time period set by your city after the owner receives a notice of noncompliance ".) Timeframe for Correcting Imminent Threat to Public Health (ITPH) Sewage Systems (Section 5.02 C). ITPH must be corrected within 30 days from city notification to the owner of the system. (MN Rules 7082.01 B requires within 10 months.) No Homeowner Installed Subsurface Sewage Treatment Systems (SSTS) (Section 5.05). Dakota County does not allow homeowner installed SSTS. (MN Rules 7083.07 B allows for homeowner installed SSTS with an approved design from a State licensed designer and the requirement that only the homeowners can do the work.) Pumpers Required to Submit Monthly Pump Logs to Dakota County. The Metropolitan Council requires that all cities administer a Pump Maintenance Program. Dakota County needs to receive pump Togs to maintain and update the pump database to then send out pump reminder cards for the City Pump Maintenance Programs. Second Soils Observation Submittal (Section 7.02 D). The required second soils observation must be submitted with the design / permit application for a new or replacement SSTS, unless prior specific site approval is obtained from the municipality. (MN Rules 7082.05 Subp. 3 A. allows the second soils verification to be done after system is installed at the SSTS Inspection). Clarification on Soils Criteria for Existing SSTS (Section 6.03) All new SSTS require three feet of vertical separation. MN Rules 7080.15 Subp. 4 E requires SSTS built before 4/1/96 to have at least two feet of vertical separation. For SSTS built after 3/31/96, MN Rules 7080.15 Subp. 4 D allows a possible 15% reduction in the separation distance to periodically saturated soil and /or bedrock to account for settling of sand (for mounds) or soil, normal variations of separation measurements, and interpretation of limiting soil layer characteristics. Dakota County allows this 15% separation reduction option. Summary Most of the new septic standards that will apply throughout Dakota County will be directly from the new MPCA Rules which we are required to adopt. The city is proposing to adopt County Ordinance 113 as in the past. The City Attorney has reviewed and approved the proposed changes that will be brought back for formal adoption on November 1, 2010. • Page 2 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 5 OF THE LAKEVILLE CITY CODE CONCERNING WATER AND SANITARY SEWER SYSTEMS THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 7 -5 -16 of the Lakeville City Code is amended to read: A. Subject to the amendments set forth in this section Dakota County Subsurface Sewage, Treatment System Ordinance No. 113, as amended, is hereby adopted by reference. A copy of the Ordinance shall be kept on file in the City offices, 13. The following references in Ordinance No. 113 are replaced: 1. replace "County" with "City of Lakeville" 2. replace "County Board" with "City Council" 3. replace "Dakota County Attorney" with "City Attorney" C Section 2.06 of Ordinance No. 113 is amended to provide: { Deleted: On -Site Sewage 1 Deleted: ,"DEPARTMENT" means the Building hlspection Department of the City of Formatted: Font: Bold Lakeville, its staff and designated agents." { Formatted: Right: 0.09" D. Ordinance No. 113 is amended by adding section 2.26 to provide: "CITY" means the City of Lakeville." - { Formatted: Font: Bold { Formatted: Right: 0.09" E. Section 2.18 of Ordinance No. 113 is amended to provide: SHORELAND /FLOODPLAIN AREA" means those areas defined by City { Formatted: Font: Bold Ordinance. F. Section 13.00 of Ordinance No. 113 is amended to provide: Hearings requested under this ordinance shall be held before a hearing examiner as provided below, and shall be open to the public. 153105v02 RNK:r10 /01 /2010 • { Formatted: Right: 0.09" SECTION 13.00 HEARINGS : -- Formatted: Font: Bold Formatted: Indent: Left: 1" A. TIMEFRAME FOR HEARING. Unless an extension of time is requested by the appellant in writing directed to the City Administrator and is granted, the hearing will be held no later than 45 calendar 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. B. NOTICE OF HEARING. The City Administrator shall mail notice of the hearing to the appellant at least 15 working days prior to the hearing. Such notice shall include: 1. A statement of time, place and nature of the hearing. 2. A statement of the legal authority and jurisdiction under which the hearing is to be held. 3. A reference to the particular section of the ordinance and rules involved. C. HEARING EXAMINER. The City Administrator or Administrator's designee shall be the hearing examiner, to conduct the hearing and to make findings of fact, conclusions and recommendations to the City Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the City Council in a written report and the City Council may adopt, modify or reject the report. D. CONDUCT OF THE HEARING. The appellant and the department may be represented by counsel. The department, the appellant, and additional parties, as determined by the hearing examiner, in that order, shall present evidence. All parties shall have full opportunity to respond to and present evidence, cross - examine witnesses, and present argument. The hearing examiner may also examine witnesses. E. BURDEN OF PROOF. The department shall have the burden of proving its position by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of fact, conclusions, and decision shall be based on evidence presented and matters officially notices. F. ADMISSION OF EVIDENCE. All evidence that possesses 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 that is incom.etent irrelevant immaterial or undul re .etitious ma be excluded. The hearing shall be confined to matters raised in the department's written notice of suspension, summary suspension, revocation, or denial of a permit, or in the written request for a hearing. G. PRE - HEARING CONFERENCE. At the written request of any party, a pre - hearing conference shall be held. The pre - hearing conference shall be conducted by 153105v02 2 RNK:r10 /01!2010 Formatted: Indent: Left: 1.5 ", Hanging: 0.38 ", Right: 0.09" • Formatted: Indent: Left: 1" j the hearing examiner. The pre - hearing conference shall be held no later than five working days before the hearing. The purpose of the pre - hearing conference is to: 1. Clarify the issues to be determined at the hearing, 2. Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. 3. Provide an opportunity for discovery of the full name and address 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. 4. If a pre- 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 it to the adverse party prior to the hearing and: a. The evidence was not known to the party at the time of the pre - hearing conference; or b. The evidence is in rebuttal to matters raised for the first time at or subsequent to the pre - hearing conference. H. FAILURE TO APPEAR. If the appellant fails to appear at the hearing, appellant shall forfeit any right to a hearing before the City Council or hearing examiner. Appellant's failure to appear shall also be deemed as a waiver of appellant's right to appeal the department's decision and the department's decision shall stand. I. APPEAL OF CITY COUNCIL DECISION. Any appellant aggrieved by the decision of the City Council may appeal that decision to any court with appropriate jurisdiction. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. 153105v02 3 RNK:rI O /01/2010 Formatted: Indent: Left: 1.5", Hanging: 0.38 ", Right: 0.09" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.88 ", Hanging: 0.38 ", Right: 0.09" f Formatted: Indent: Left: 1" ADOPTED this day of , 2010, by the City Council of the City of Lakeville, Minnesota. ATTEST: Charlene Friedges, City Clerk 153105v02 4 RNK:r10 /01/2010 CITY OF LAKEVILLE BY: Holly Dahl, Mayor