§ 50.10. Operation and maintenance.

(a)

General requirements:

(1)

Each individual sewage treatment system existing as of the date of adoption of this chapter, as well as those installed under this chapter, shall be operated and maintained according to the provisions of this section.

(2)

Responsibility for the proper operation and maintenance of individual sewage treatment systems shall be as follows:

a.

The owner of each dwelling unit or other establishment served by an individual sewage treatment system shall be responsible for the adequate and proper functioning and maintenance of the system. It shall be the owner's responsibility to show that the individual sewage treatment system is in conformance with all requirements of this chapter, and that the system properly treats and disposes of all sewage input from an occupied building.

b.

The department of safety and inspections shall investigate complaints and order corrective action to protect the health, safety and welfare of the community in the event that the responsible owner is negligent or fails to take action as required by this chapter.

(3)

It shall be unlawful for an owner or occupant to allow inadequately treated sewage to seep or flow to the surface of the ground or into surface or groundwaters or to allow an overflow. Any system so performing shall be pumped immediately by a licensed pumper and as often thereafter as necessary until satisfactory repairs have been made. Any costs related to pumping and subsequent repairs shall be borne by the property owner.

(4)

It shall be the responsibility of the owner to maintain accurate records of maintenance, inspection and pumping and to report such data as required under this chapter to the department of safety and inspections on forms provided by the city.

(5)

Failure on the part of the owner to inspect, pump and/or maintain the owner's individual sewage treatment system as required by this chapter shall constitute a nuisance which may be abated by the city pursuant to the provisions of Chapter 45.

(b)

Maintenance of all septic tanks. Septic tanks shall be maintained as required in Minnesota Rules Chapter 7080 and as follows:

(1)

Each septic tank and existing septic tank shall be maintained in proper operating condition at all times.

(2)

A maintenance review of each septic tank shall be conducted once every two (2) years as required in section 50.11(4) of this chapter. Verification of the maintenance review and a full reporting of the results shall be submitted to the department of safety and inspections upon forms provided by the department of safety and inspections.

(3)

In any instance where it is determined that maintenance practices or procedures are inadequate or improper, the department of safety and inspections shall require the owner to comply with the provisions of this chapter.

(c)

Pumping:

(1)

Whenever inspection of the septic tank discloses that the accumulated sludge in the bottom of the tank has reached a point twelve (12) inches or less from the bottom of the outlet baffle device, or that the bottom of the floating scum layer is less than three (3) inches above the bottom of the outlet baffle device, the owner shall have the tank promptly pumped to remove all accumulated septage. Pumping shall be performed by a licensed pumper.

(2)

No septic tank shall remain in service without being pumped at least once every two (2) years, whether or not the measurement indicates a sludge buildup. Each existing septic tank shall be pumped at least once within twenty-four (24) months of the effective date of this chapter and thereafter at least once within twenty-four (24) months of each subsequent pumping.

(3)

Whenever inspection of pump stations, distribution devices or drop boxes indicates the accumulation of solids, such devices shall be promptly cleaned.

(4)

Every septic tank pumping shall be reported by the owner to the department of safety and inspections on forms provided for that purpose within thirty (30) calendar days of the pumping. The report shall include the owner's name and address, the date of the pumping, the contractor who performed the pumping, the number of gallons removed and the location of sewage disposal.

(5)

Pumping for the removal of septage shall be performed only by persons or firms licensed by the MPCA as pumpers.

(6)

Disposal of septage shall be only at approved disposal sites or facilities. Dumping or spreading of septage on the surface of the ground is prohibited. Disposal of septage within the city shall be by means approved by the office of public works.

(7)

The department of safety and inspections shall maintain appropriate records of septage pumping and disposal activities and shall require such reporting by owners as is reasonable and necessary to ensure that adequate maintenance and disposal is being accomplished.

(Ord. No. 17888, § 1, 11-21-91; C.F. No. 98-601, § 1, 8-5-98; C.F. No. 07-149, § 22, 3-28-07)