Itasca County Environmental Services
123 NE 4th St. Grand Rapids MN 55744-2600

EXERPTS FROM THE SANITATION ORDINANCE PERTAINNG TO:
INDIVIDUAL SEWAGE TREATMENT SYSTEMS (ISTS), INSPECTIONS

Any premises used for human occupancy shall be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices.

The Sanitation Ordinance establishes standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design and construction; their necessary modification and reconstruction; their operation, maintenance and repair to protect surface water and groundwater from contamination by human sewage and waterborne household and commercial wastes; to protect the public's health and safety and eliminate or prevent the development of public nuisances pursuant to the authority granted under Minnesota Statute Chapters 115 and 145A and Minnesota Rules Chapter 7080, as amended, that may pertain to sewage and wastewater treatment.

The Ordinance is enacted pursuant to Chapter 559, Session Laws of Minnesota, 1959, SA 394.21-394.37 entitled "An Act Authorizing County Planning and Zoning Activities, Establishing a Board of Adjustment and Authorizing the Enactment of Official Controls", and Laws of Minnesota, 1969, Chapters 105, 115, 116, 394, 396, & 777.

The Ordinance hereby adopts by reference Minnesota Rules Chapter 7080, as amended from time to time.

The Ordinance controls and regulates the design, construction and repairs of all individual sewage treatment systems in Itasca County, except incorporated areas which have approved ordinances, including but not necessarily limited to individual on-site and cluster or community ISTS privy vaults and other non- water carried ISTS, repair and/or replacement of failing ISTS and septage disposal.

The newly amended Ordinance, effective 2/1/98, repeals the Sanitation Ordinance of Itasca County, Minnesota, adopted by the County Board on November 13, 1972, effective November 15, 1972, and all subsequent amendments and revisions.

MORE INFORMATION CONTACT:

ITASCA COUNTY ZONING OFFICE,
123 NE 4TH STREET, GRAND RAPIDS, MN 55744
218/327-2857

Permits Required. No person, firm, or corporation shall install, construct, extend or alter any individual sewage system in the County without first obtaining a permit therefore from the Zoning Officer for the specific installation, construction, extension or alteration; and, at the time of applying for said permit, shall pay a fee as listed in the fee schedule of the Zoning Ordinance. Such permit shall be valid for a period of twelve months from date of issue.

Individual Sewage Treatment System (ISTS): A sewage treatment system, or part thereof, serving a dwelling 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 and privies.

Failing Septic System.

Any ISTS that discharges sewage to a seepage pit, drywell or leaching pit and any system with less than three feet of soil or sand between the bottom of the distribution medium and the saturated soil level or bedrock in shoreland areas. Existing septic systems, installed prior to 4/1/96, in non-shoreland areas need not be upgraded if 2' of soil separation is provided. In addition, any system posing an imminent threat to public health or safety as defined in Mn Rules 7080.0020 subp. 19a, as amended, which includes cesspools, shall be considered failing.

Certificate of Compliance, ISTS: A document from a licensed sewage treatment inspector fully licensed by the State of Minnesota or a qualified employee provided to the owner of property on which a dwelling is located which is required to have an ISTS and to the LGU, indicating that said ISTS is not a failing system nor an imminent threat to public health or safety and, for new construction and replacement, is constructed in compliance with Minnesota Rules, Chapter 7080, as amended.

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 under part 7080.0060. Compliance inspections must be conducted by a qualified employee or under a license independent of the owner and the installer.

Time Frame on Certificate of Compliances.

1. For existing septic system/s, a certificate of compliance shall be valid for three years unless Itasca County identified an imminent threat. An existing septic system is any septic system built before 4/1/96.

2. Certificate of Compliances on new and replacement septic systems shall be valid for five years unless Itasca County identified an imminent threat.

3. During this three or five year interim, an updated review of a certificate of compliance may be required, if Itasca County determines that conditions have changed which may have an effect on the status of the septic system certificate of compliance.

Mandatory Compliance Inspections of Existing Septic Systems.

An ISTS shall require a compliance inspection when any one of the following conditions occur:

1. At any time the Zoning Officer deems appropriate such as upon receipt of a complaint or other information of system failure.

2. Upon the transfer of property.

3. requests, including a variance for the construction of a bedroom addition or replacement as per Minnesota Rules Chapter 7080.0305 Subp. 3.

a. If a request for a bedroom addition or variance is received between May 1 and October 31, a certificate of compliance is required prior to issuance of permit/variance.

b. If a request for a bedroom addition or variance is received between November 1 and April 30, the County may issue a permit or variance with the requirements that a compliance inspection be completed by the following June 1 and the applicants submits a certificate of compliance by the following September 30.

c. If a system constructed between May 27, 1989 and January 23, 1996 does not comply with applicable requirements, and is not an imminent public health threat, a property owner applying for a zoning permit to construct a bedroom addition has five years from the date of issuance of such zoning permit to bring the system into compliance.

A Notice of Noncompliance shall be issued and copies provided to the property owner and the County within 30 days under the following conditions:

1. A failed ISTS shall be upgraded, replaced or repaired in compliance with Minnesota Rules Chapter 7080.0060, as applicable within a twenty-four month period.

2. An ISTS posing an imminent threat to public health or safety shall be upgraded, replaced or repaired within 10 months.

3. When an ISTS is determined to be failing at the point of sale or transfer of property.

Transfer of Property:

The act of a party by which the title to property is conveyed from one person to another, where such transfer would require the filing of a Certificate of Real Estate Value (CRV). In the case of a contract for deed, the transfer is upon the filing of the initial contract for deed.

The Sale or Transfer of Property on which a dwelling is located, or a tract of land on which a structure is required to have an ISTS shall not be transferred unless the parties to the transaction have complied with the following:

1. A Certificate of Compliance, completed by a qualified employee, ISTS licensed inspector or Designer I, shall be provided by the seller to the buyer, and the Zoning Officer, at or before closing date.

2. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney at law, federal or state chartered financial institution. The amount escrowed shall be equal to 150% of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount escrowed shall be equal to 110% of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a certificate of compliance issued, the Itasca County Zoning Department shall provide the escrow agent a copy of the certificate of compliance.

3. In the event the seller does not provide a certificate of compliance or an escrow deposit, the seller and buyer may establish a written agreement or contract to repair, replace or upgrade the existing system according to the terms of this Ordinance and Minnesota Rules Chapter 7080. After a complying ISTS has been installed a certificate of compliance shall be issued.

4. The buyer may accept total responsibility of the existing ISTS and shall be responsible for the necessary upgrading.