Consider Adoption of Ordinance #14-03 Amending City Code Chapter 113, Article II Entitled Individual Sewage Treatment Systems as Required by the Minnesota Pollution Control Agency (MPCA)

The purpose of this case is to consider adopting Ordinance #14-03, which would amend Individual or Subsurface Sewage Treatment Systems due to a recent amendment to Minnesota Rules 7080-7083. Generally speaking, the amended State rules do not change the City's existing design requirements, but amend the information the contractor must provide and the City must collect.

The purpose of private septic system regulation is to allow for the long-term success of these individual systems while balancing the protection from imminent health threats and contamination of ground water supplies due to faulty systems. Minnesota Rules 7080-7083 provide guidance on how septic systems are designed, constructed, and regularly maintained for proper function. Ramsey has approximately 4,400 private septic systems that it is required to ensure compliance with these Minnesota Rules.

Staff will provide an overview presentation of the key highlights of the amended rules as well as an overview of the design and function of a typical septic system. The City has a resource page at www.cityoframsey.com/septic.

Ordinance #14-03 was introduced by the City Council at their April 8, 2014 meeting and is now eligible for adoption.

 

Notification nor a public hearing are required to amend Chapter 113.

The current Individual Sewage Treatment Systems ordinance for the City of Ramsey is found in chapter 113, article II of the Ramsey City Code. The ordinance was last updated in 1998. Since that time, the State Statutory laws regulating on-site sewage treatment systems have undergone substantial changes. These changes have prompted the need to update and change the city ordinance to reflect the current laws.
 
The current city code also has a provision that addresses the point of sale or transfer of property. This provision is not a requirement of State Statute or Rule. However, some local units of government have chosen to include it in their ordinance. The provision requires an inspection of the on-site sewage treatment system and requires a Certificate of Compliance be provided by the seller to the buyer at or before closing. The benefit to the homeowner is a better assurance that they are purchasing a functioning system. The benefit to the community is another checkpoint in which the City can verify that the system is not posing a risk to adjacent parcels or groundwater supply. This inspection is performed by a private contractor (not the City) to determine if an existing system is protective of public health and/or impacts groundwater. 
 
A system which impacts public health may include:
 

1. System which discharge sewage to the surface.
2. System which chronically back-up sewage into the structure.
3. System which are unsafe (i.e., cracked tank lids, improper electrical wiring, etc.).

A system which fails to protect ground water may include:
 

1. Seepage pits, cesspools, or other types of pits.
2. Septic tanks that leak below their operating depth.
3. System with an inadequate thickness of suitable soil beneath the soil dispersal system.

An inspection which discovers any of these issues will lead to costly repairs which may not be disclosed at the time of sale. The advantages of this inspection are:
 

1. Provides disclosure to the buyer as to the condition of the system.
2. Provides protection to the buyer from spending thousands of dollars to repair a system which was not working properly before they purchased.
3. Discover old systems that are failing and provides for remedial action.

The proposed ordinance would retain the point of sale provisions currently in the city code.
 
History of Statutory Requirements for Local SSTS Ordinance Programs

On February 4, 2008, in accordance with Minnesota Statutes, Chapters 103F, 103G, 115, and 116, the Minnesota Pollution Control Agency (MPCA) promulgated revised rules for the regulation of subsurface sewage treatment systems (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 standards relate to the proper location, design, installation, use, and maintenance of SSTS and the requirement for counties to adopt ordinances that reasonably ensure proper permitting, inspection, and operation of SSTS. The original Chapter 7080, “Individual Sewage Treatment Systems”, was replaced with four chapters:
 

1. Chapter 7080, “Design Standards for Individual Subsurface Sewage Treatment Systems”,
2. Chapter 7081, “Midsized Subsurface Sewage Treatment Systems”,
3. Chapter 7082, “Requirements for Local SSTS Programs", and
4. Chapter 7083, “Subsurface Sewage Treatment Systems Licensing and Certification Program, Product Registration Program, and Advisory Committee".

The recent rulemaking process resulted in the rules being adopted in March 2011. Minnesota Statute 115.55 Subd 2 requires all counties to adopt ordinances that comply with the revisions to the rules within two years of final adoption by the MPCA. It also allows the cities within each county to adopt ordinances that comply with the statute and are at least as strict as the county ordinance.

Anoka County adopted their ordinance on April 23, 2013. MN Rules Chapter 7082 allows the cities another year after the county to update their ordinance. The MPCA must review the proposed ordinance to assure the ordinance complies with the requirements contained in MN Rules Chapter 7082.
 
MPCA Review of Local Ordinances

A copy of the local ordinance relating to SSTS must be submitted to the MPCA for review by the commissioner at least 30 days prior to their adoption (7082.0050, Subpart 2).  The purpose of the commissioner’s review is to confirm that the ordinance contains the provisions that are required by 7082.0100 subp 1, subp 2, and subp 3.  Also, the review is to ensure that the adopted ordinance adequately protects public health and the environment considering the local circumstances. Local ordinances that are determined not to meet the requirements of Chapters 7080 through 7082 may be subject to administrative actions
. 
During the review process, the local unit of government is authorized to implement SSTS ordinances (7082.0050, Subp. 2B).
Counties (or Cities) must confirm the inclusion of these items by completing the Ordinance Checklist provided by the commissioner of MPCA.  This checklist must be included with the submittal of the proposed ordinance to the commissioner at least 30 days prior to the adoption of the ordinance.  The location of each required provision in the proposed ordinance must be cited in the Ordinance Checklist.

When Ordinance #14-03 was introduced at the April 8, 2014 City Council meeting, a question was raised regarding the point of sale compliance inspection requirement and whether that had any bearing on the requirement to have a system pumped once every three (3) years. For clarification, if, as part of the compliance inspection, the system is pumped, than the next required pumping would be within three (3) years of that date. However, if a system is not pumped as part of the compliance inspection, than this would not reset the three (3) year 'clock' and pumping would need to be completed based on the date of the last pumping.

Alternatives

Alternative #1 - Adopt Ordinance #14-03 as drafted. This alternative will ensure full compliance with Minnesota Rules 7080-7083. This alternative also includes the optional Point of Sale Compliance Inspection.

Alternative #2 - Adopt an Amended Ordinance #14-03. This alternative depends on the specific amendment proposed by City Council. City Council could consider removing the optional Point of Sale requirement. All other standards of Ordinance #14-03 are a minimum standard of Minnesota Rules 7080-7083.

Alternative #3 - Do not Adopt Ordinance #14-03. This alternative would result in the City falling outside of compliance with Minnesota Rules 7080-7083. Implications of this alternative vary, but could result in the program being taken over by MPCA or Anoka County. Failure to be in compliance with Minnesota Rules 7080-7083 also has potential implications in the status of the City's Comprehensive Plan.

Alternative #4 - Direct Staff to begin discussions with Anoka County to determine if Anoka County is interested in administering the SSTS program for Ramsey. Staff has not had any discussions with Anoka County to this regard, and it is anticipated that Anoka County does not have adequate staffing levels at this time to administer the number of septic systems within Ramsey. The City would also lose a degree of control and responsiveness with this alternative.

Ordinance #14-03 is being handled as part of normal Staff duties.

As Minnesota Rules 7080-7083 have already been amended, Staff recommends that the City adopt Ordinance #14-03 in order for the City to remain in compliance with these State regulations.

Motion to waive the City Charter requirement to read the ordinance aloud;

-AND-

Motion to adopt Ordinance #14-03 Amending City Code Chapter 117, Article II pertaining to Subsurface Sewage Treatment Systems.

Roll Call Vote:

Councilmember Backous
Councilmember Johns
Councilmember Tossey
Councilmember Kuzma
Councilmember LeTourneau
Councilmember Riley
Mayor Strommen