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8.e)1) Proposed Washington County Subsurface Sewage Treatment System Ordinance Meeting Date: 6/16/2009 Agenda Item: �+ �,� �� City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Receive a report on proposed new Washington County SSTS (Subsurface Sewage Treatment Systems) ordinance, and give direction to staff for any comments you may wish to make for the upcoming public hearing. Deadline/ Timeline: Public hearing is scheduled for Tuesday, June 23 at 7:00 p.m. Background: • Washington County is updating their SSTS regulations (which Scandia has adopted by reference and the County enforces within the City) in response to new Minnesota Pollution Control Agency (MPCA)rules. • Code Official Steve Thorp has been monitoring the changes and has reviewed the draft ordinance. His memo, attached,highlights some of the changes that may affect Scandia. • Some features of the draft ordinance would appear to exceed the MPCA requirements. For example, no longer allowing homeowners to install or repair their own systems. • Other changes may require significant expenses of the City or local property owners for upgrades to "midsized" systems such as the City's Uptown Sewer System. Recommendation: I recommend that the Council receive the report, and give direction to staff for any comments you might wish to make. Attachments/ • Memo from Steve Thorp dated June 10, 2009 Materials provided: . Notice of Public Hearing • Memo from Washington County summarizing ordinance changes dated May 21, 2009 Contact(s): Prepared by: Anne Hurlburt, Administrator (SSTS Ordinance Hearing) Page 1 of 1 06/11/09 • � 1 � Memo To: Anne Hurlburt From:Steve Thorp, Code Officiai Date: June 10, 2009 Re: Subsurface Sewage Treatment System Regulations Washington County intends on adopting a new septic system ordinance to follow the new Minnesota Rules published by the MPCA. The County must come into compliance with the new rules no later than February 4, 2010. The City of Scandia will then have a specified time to adopt its' ordinance relating to the new rules (usually this is the same as the County ordinance). The City may not be less restrictive than the County so the County ordinance impacts the City. The new rules seem to better define items that have previously been standard practices and clarifies with greater detail design standards. An example of this is the renaming of septic system's with flows less than 5,000 gallons per day to Individual or ISTS and Midsized or MSTS for flows between 5,000 and 10,000 gpd. On the surface the new rules seem more restrictive but I believe, for the most part, they are actually refining what is currently being practiced. Some of the changes that may affect Scandia are: � Only licensed personnel may work on or service septic systems. Homeowners may not install or repair their own systems under this rule. • The design criteria for certain size and type of systems may require modification to the subdivision requirements. An example of this is the reserved land for future installation of a system may have to be increased for certain treatment levels. � A compliance inspection is required prior to the transfer of any real property, unless the age of the system is less than 5 years. The Washington County Department of Public Health and Environment will be holding a public hearing at 7 P.M. on June 23`�, with the WC Planning Commission at the Government Center. The rules are actually still in the public comment period and are going through changes at the state level but the County still has to meet the 2010 deadline. The County is trying to get a jump on the ordinance even though nothing is actually formally approved at the State level. It is highly likely that the County will be licensing or monitoring systems that will be classified as Midsized which would take in the uptown system and any system serving a food, beverage or lodging occupancy. Pete Ganzell thought it possible that a pretreatment system of some kind may be required on the uptown •Page 1 system depending on the waste strength generated compared to residential waste strength. He recommended that the City have a waste water strength test done to see what levei the waste is actually at. The pretreatment of the waste before it reaches the existing system increases the life of the system as well as the performance. We could establish some parameters and get an idea of cost to plan ahead for something like this. If there are any issues that you would want me to bring forth or if you think my attendance at this meeting would be beneficial, I could attend. Thank you, Steve Thorp •Page 2 • Department of Public Wa.s gton Health and Environment ��O���y �C����'�6 �� I Lowell Johnson Director j��tiY f� r' ;:i�`�„i� Sue Hedlund May 20, 2��9 Deputy Director � CiT`r' OF SCANDIA City of Scandia Anne Hurlburt 14727 209th Street North City of Scandia MN 55073 NOTICE OF PUBLIC HEARING On February 4, 2008, the Minnesota Pollution Control Agency (MPCA) published Minnesota Rules, Chapter 7080 through 7083, governing Subsurface Sewage Treatment Systems (SSTS). Washington County is required to revise and implement an SSTS Ordinance in compliance with Chapter 7080, 7081, 7082, and 7083 by no later than February 4, 2010. The Department will be holding a public hearing in front of the Washington County Planning Commission on Tuesday, June 23, 2009 at 7:00 P.M. at the Washington County Government Center to discuss the revisions to the County's SSTS Ordinance. Enclosed, please find the proposed SSTS Ordinance for your review. Included with the Ordinance is a technical memorandum highlighting the major changes in the Ordinance. An electronic version of the ordinance can also be found at http://www.co.washinqton.mn.us/info for residents/environment/septic/ If you would have any questions or comments that you would like to discuss prior to the public hearing on June 23, 2009, please contact Chris LeClair at 651-430-6673, Pete Ganzel at 651-430- 6676 or me at 651-430-6744. Sincerely, ��-�o� Amanda Strommer Program Manager c: Lowell Johnson, Director Chris LeClair, Sr. Environmental Specialist Pete Ganzel, Sr. Environmental Specialist Dennis O'Donnell, Sr. Planner Meredeth Magers, Asst. Attorney III Jim Schug, County Administrator Government Center • 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246 Service Centers also located in Cottage Grove and Foresf Lake www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action � /aN TONJ�oG Department of Public Washington 3`�� , \�, Health and Environment �COunty �'� '-��\ ;. ,:,J vN_.ts;' Lowell Johnson '"_'%� Director Sue Hedlund Deputy Director MEMORANDUM Date: May 21, 2009 To: Dennis O'Donnell, Sr. Planner Cc: Lowell Johnson, Director Amanda Strommer, Program Manager Pete Ganzei, Sr. Environmental Specialist Meredeth Magers, Assistant Attorney III From: Chris LeClair, Sr. Environmental Specialist Re: Public Hearing on Proposed SSTS Ordinance The Department of Public Health and Environment would like to request a Public Hearing in front of the Washington County Planning Commission on June 23, 2009 regarding the proposed revision of the Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations (Washington County Ordinance#128). On February 4, 2008, the Minnesota Pollution Control Agency (MPCA) published Minnesota Rules, Chapter 7080 through 7083, governing Subsurface Sewage Treatment Systems (SSTS). Washington County is required to revise and implement an SSTS Ordinance in compliance with Chapter 7080, 7081, 7082, and 7083 by no later than February 4, 2010. In addition to requesting a public hearing, the purpose of this memo is to highlight changes between the county's current ISTS Ordinance and the proposed SSTS Ordinance. Items listed below in bold are stricter than 7080 or 7081 and are new to the county SSTS Program. Details are provided in the 'New Requirements' section. I have included a copy of the proposed ordinance and a list of differences between Minnesota Rules, Chapter 7080-7083 and the proposed ordinance. Administrative Changes 1. Compliance criteria. • Systems will no longer be classified as Failing or Imminent Threats to Public Health and Safety. They will be classified as compliant or non-compliant. Under the Notice of Noncompliance, the inspector must note what the reason for non-compliance is, two of which are Failing to Protect Groundwafer or an Imminent Threat to Public Health and Safety. 2. Standardized dispute resolution. • In the past, if two compliance inspections have contrary results, the county has unofficially been the "tie-breaking" vote. The new code requires the county to standardize this process. 3. Standards for mid-sized subsurface sewage treatment systems (MSTS). • Sizing requirements, operational requirements, monitoring requirements, and a requirement for what level of credentialing needed to design an MSTS, (i.e., an SSTS Designer or a Professional Engineer), are now standardized in Chapter 7081. The county has incorporated the MSTS standards, where appropriate, throughout the proposed ordinance. Government Center • 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246 www.co.washington.mn.us 4. Operating permits for Type IV and Type V Systems, Holding Tanks, and MSTS. • Any Type IV or Type V System, a system using only Holding Tanks, or an MSTS is required to have an operating permit issued by the county. 5. Operating permits for Type III Systems, Food, Beverage, and Lodging (FBL) Establishments, and Hazardous Waste Generators. • See section below on New Requirements. 6. Management plans. • A permit to instali a septic system cannot be issued by the county unless a management plan, reviewed and approved by the county, is submitted. A management plan for most single-family homes will be very simple. The more complex systems will require more robust management plans. 7. Required compliance inspections at the time of sale. • See section below on New Requirements. 8. Ability of the Department to order a compliance inspection be conducted. • See section below on New Requirements. 9. Product registration. • All treatment products for septic systems, including pre-treatment devices, and soil treatment media (i.e., drainfield rock, chambers) are required to submit data to the MPCA to be approved for use in Minnesota. Technical Changes 1. Clarification of 10,000 square feet of suitable soil required for a lot to be approved. 2. Groundwater investigation for Mid-Sized Sewage Treatment Systems. 3. Standards for flow estimates for"Other Establishments". 4. Effluent screens with an alarm on all new, replacement, or modified systems (see section below on New Requirements). 5. Potential for pressure distribution required in all sandy soils. This is a very contentious issue in 7080 that is being re-thought at the MPCA. At present 7080 requires pressure distribution in sandy soi/s; however, given the feedback from the industry, the state is debatinq this requirement. Professional stafif from the Department has been engaged in this debate. Since the State is requiring that the County have its Ordinance completed by Feb. 4, 2010, this section in the Ordinance references the section in 7080 regarding what types of systems require pressure distribution. That way if the State repeals this requirement, the Ordinance will not have to be amended. 6. Perforation size and spacing changes. 7. Cleanouts required on each pressurized lateral. 8. Quantity of effluent delivered to a pressurized system minimum is now 5 times the volume of the pressure distribution matrix. . 9. Minimum area required for soil dispersal and treatment area will now be based on hydraulic loading rates, as opposed to a soil sizing factor. 10. Determination of hydraulic loading rates can now be estimated on either a percolation test or a detailed soil description. 11. Soil pits are required if a detailed soil description is used to determine hydraulic loading rate. 12. Contour loading rates for at-grade systems are now standardized. 13. Graywater systems are now classified as a Type III Systems, which would require an annual operating permit from the county. 14. Alternative Systems are now classified as a Type II Systems. 15. Experimental Systems are now classified as a Type IV or Type V Systems. 16. Treatment Level A or B requires less verticat separation than Treatment Level C. 17. Decreasing the minimum amount of rock below the pipe to from 12 inches to 6 inches. 18. Decreasing the minimum capacity of holding tanks from eight (8) times to five (5) times the design flow. 19. Increasing the minimum design flow requirement to conduct a preliminary groundwater investigation from 1,250 gallons per day to all MSTS (5,000 galions per day). 20. Decreased the design flow minimum for collection systems from 150 gallons per day per bedroom to 110 gallons per day per bedroom. New Requirements This section highlights changes listed above in bold that are stricter than 7080 or 7081 and are new to the county SSTS Program. 1. Compliance inspections of the SSTS required at the time of sale. • This new requirement was requested at meetings the Department held with cities, townships, and SSTS contractors. This requirement is also an objective in the Washington County 2003-2013 Groundwater Plan. 2. Ability for the county to order that a compliance inspection be conducted. • There have been several cases in which the Department needed a compliance inspection conducted on a septic system to ascertain compliance status. However, the current ordinance has no language that would allow the Department to order the compliance inspection. Currently, the Department may request that a compliance inspection be conducted. If a homeowner were to refuse, the Department would have no authority to compel the homeowner to have a compliance inspection conducted, thus allowing a potential non-compliant system to continue being used. 3. Operating permits for Type III Systems, Food, Beverage, and Lodging Establishments, and Hazardous Waste Generators. • 7080 requires operating permits only on Type IV and V Systems, Holding Tanks, and MSTS. Adding these other system types gives the Department the ability to monitor systems for these establishments. • Most FBL establishments would be Type IV systems and would require some pre-treatment to the SSTS, due to a waste strength higher than domestic strength waste. However, the Department currently does not require waste strength testing unless there is a change of ownership. The SSTS for an FBL establishment may be under pertorming and the Department would have no way of knowing. By requiring FBL establishments on SSTS to have an annual operating permit, the Department can monitor the waste strength and then adjust the SSTS components accordingly so the system pertorms better, thus potentially extending the life of the system. • Hazardous Waste is not allowed to go into a septic system. The waste streams containing hazardous waste must be plumbed separately and discharged to a holding tank, which requires an operating permit. By requiring an operating permit for hazardous waste generators on SSTS, the Department may require those SSTS receiving hazardous waste be brought into compliance, thus preventing or eliminating potential groundwater contamination sources. • Type III Systems are also know as "Other Systems". Since these systems may be using components that have not yet been proven to be effective, monitoring by the Department would be prudent. 4. Effluent screens with an alarm on all new, replacement, or modified systems. • 7080 requires multiple tanks and an effluent screen with an alarm on any system with a house that has either a garbage disposal unit or a sewage ejector. The county has required multiple tanks since 1992. Since most homes have garbage disposal units the county has written one standard to avoid the inherent enforcement problems. Since the criteria are the same, the county is proposing to require effluent screens with an alarm on all systems.