HomeMy WebLinkAboutVIII-08 2nd Reading-Adopt Ordinance - City Code Chapter 50.05 - On-Site Sewer Requirements
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: October 7, 2024
Item: 2nd Reading\Adopt Ordinance: Amend City Code Chapter 50.05 – On-Site Sewer
Requirements
Council Action Requested:
Consider 2nd Reading and adoption of the attached amendment to Hastings City Code Chapter
50.05 – On-Site Sewer Requirements. The amendment transfers licensing and permitting
authority for SSTS’ - subsurface sewage treatment systems (also referred to as septic systems) to
Dakota and Washington County. The City Council considered 1st Reading at the September 16,
2024 meeting.. A simple majority is necessary for action.
The 1st Reading inadvertently excluded the following language within the existing code and has
been added as Chapter 50.05, Subd. C of the amendment:
C. No private on-site sewer system shall be permitted without approval by the City Council.
City Council may deny approval of an on-site sewer on property situated within the
Municipal Urban Service Area (MUSA) due to the pending availability of City sanitary
sewer service.
Background
On April 1, 2024 the City Council authorized submittal of a request to the respective counties to
provide SSTS permitting and licensing. Both Dakota and Washington County have agreed to
provide services.
The vast majority of homes and businesses within the City are connected to the municipal sewer
system; however, there are approximately 30 homes where sanitary sewer service is not
available. The City currently provides, inspection, permitting, and licensing services for SSTS’
requiring certain certification through the State of Minnesota. The City no longer has an
individual who is SSTS certified and seeks to transfer authority to the respective counties in
which staff does have training and where SSTS inspection is much more common.
Council Committee Review
N\A
Advisory Commission Review
N\A
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Attachment
• Ordinance Amendment
• Existing Ordinance
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ORDINANCE NO. ______________
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE CHAPTER 50.05 REGARDING ON-SITE SEWER
REQUIREMENTS – SEPTIC SYSTEMS
The City Council of the City of Hastings, Dakota and Washington Counties, Minnesota,
does hereby ordain as follows:
SECTION 1. AMENDMENT. The Code of the City of Hastings, State of Minnesota,
Chapter 50.05, on-site sewer requirements (septic systems) shall be deleted in its entirety and
replaced as follows
50.05 On-Site Sewer Requirements
A. Adoption Of Subsurface Sewage Treatment Systems (SSTS). Standards for the installation
and repair of individual on-site sewer systems are established by Minnesota
Administrative Rules, Chapters 7080-7083, Dakota County Ordinance No. 113, and
Washington County Ordinance No. 206. Commonly referred to as the Subsurface
Sewage Treatment Systems (SSTS) Program, or Septic Systems the above rules and
ordinances are hereby adopted by reference as though set forth verbatim herein.
B. Permit Required by Respective County. No person shall install, repair, alter, or pump a
SSTS without first obtaining a permit from the respective county in which the SSTS is
located.
C. No private on-site sewer system shall be permitted without approval by the City Council.
City Council may deny approval of an on-site sewer on property situated within the
Municipal Urban Service Area (MUSA) due to the pending availability of City sanitary
sewer service.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes
Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy
of the entire ordinance is available without cost at the office of the City Clerk, the following
summary is approved by the City Council and shall be published in lieu of publishing the entire
ordinance.
The text amendment adopted by the Hastings City Council on October 7, 2024
amends the City Ordinance to clarify transfer permitting authority for on-site sewer
systems (septic systems) from the City to the respective County.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this 7th day of October, 2024
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_____________________________
Mary D. Fasbender, Mayor
Attest:
___________________________
Kelly Murtaugh, City Clerk
Published in the Hastings Journal on October 10th and 17th, 2024.
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EXISTING ORDINANCE
50.05 On-Site Sewer Requirements
1. Adoption Of Subsurface Sewage Treatment Systems (SSTS). Standards for the installation
and repair of individual on-site sewer systems are established by the Minnesota Pollution
Control Agency. Commonly referred to as the Subsurface Sewage Treatment Systems
Program – Chapters 7080 – 7083, published by the Minnesota Pollution Control Agency,
these standards along with Dakota County Ordinance No. 113 are hereby adopted by
reference as though set forth verbatim herein. The stricter provisions of Dakota County
Ordinance No. 113 shall apply.
2. Permit Required. No person shall install, repair, alter, or pump an on-site sewer system
without first obtaining a permit as provided herein. Applications, provided by the City, must
be completed in writing prior to issuance of a permit. Permit fees shall be as provided in this
code.
3. SSTS License required. Installation and repair of on-site sewer systems requires licensing by
the respective county jurisdiction. Persons applying for a permit for installation or repair of
an on-site sewer system must provide evidence of licensure with Dakota County if the
property where work will be performed is in Dakota County or licensure with Washington
County if the property where work will be performed is in Washington County. All design,
installation, alteration, repair, maintenance, operation, pumping, and inspection activities
for SSTS located in Hastings must be completed by a business licensed by the MPCA under
Minnesota Rules Chapters 7080-7083.
4. Required Conditions.
1. Soil percolation tests must be completed by an independent party and must be
favorable for the operation of an on-site sewer system before a permit will be issued.
2. Installations, alterations, repairs, and maintenance shall be performed in
accordance with MPCA Rules Chapter 7080-7083.
3. No private on-site sewer system shall be permitted without approval by the City
Council. City Council may deny approval of an on-site sewer on property situated
within the Municipal Urban Service Area (MUSA) due to the pending availability of
City sanitary sewer service.
(Prior Code, § 4.12) Penalty, see § 10.99
HISTORY
Amended by Ord. 2012-14, 3rd Series on 10/15/2012
VIII-08