In the midst of changes to the state’s septic rules over the past several years and widespread opposition to some of those changes, Minnesota’s counties have been given until February 4, 2014 to adopt their own septic ordinances in line with—and sometimes different from—the state’s rules.
The Cook County Planning & Zoning office has been preparing a draft septic ordinance for some time, and on May 21 and 28, 2013, the county board met with Planning & Zoning Director Tim Nelson, Environmental Health Officer Mitch Everson, and septic installers Dave Tuttle and Dean Berneking to discuss it.
Counties that do not adopt their own septic ordinances by next year will be held to the state’s latest set of rules, adopted in 2011. Counties that adopt their own ordinances can pick and choose among state rules going back to 2006. “We have a bit of a cafeteria-style approach,” Director Nelson said of the proposed county ordinance. They went with less restrictive options whenever possible, he said.
“We need to use common sense,” said Commissioner Garry Gamble. He called for a policy that was both “responsible” and “reasonable.”
Proposed requirements
One bone of contention with Cook County property owners is whether septic systems should have to be pumped every three years even if they don’t need it. Nelson said the state requires either pumping or inspection every three years.
Owners of systems not operating under a management plan or operation and maintenance agreement must have their systems evaluated for water tightness, leaks, and scum or sludge by a certified service provider or have their tanks pumped at least once every three years. Solids must be removed when they fill up 25 percent of the tank.
Any building with a pressurized water system requires a septic system, even if the water is carried by hand and poured into an elevated tank.
Homeowners with certain types of systems must have a maintenance agreement with a qualified service provider.
Homeowners can install their own outhouses, but they must be designed by a licensed designer and inspected before any part of the system is covered up.
Holding tanks may be allowed in place of septic systems where septic systems are not feasible on a case by case basis at the discretion of the environmental health officer for RVs, seasonal dwellings (used fewer than 180 days a year and fewer than 120 consecutive days in a row) or when a property has less than 12 inches of soil. The installer must install lockout straps to prevent homeowners from pumping them out themselves. The homeowner must maintain a pumping contract with a licensed liquid waste hauler and must have the tank pumped according to a schedule approved by the Planning & Zoning Department.
Dean Berneking said he thought a seasonal dwelling should be required to have a septic system if the land has enough soil for it.
Dave Tuttle contended that holding tanks could be considered better for the environment because waste gets carried off to a proper treatment facility. When he installs a holding tank, he puts in a two-tank system that can be converted to a septic mound system.
Director Nelson said there are all kinds of different uses and reasons why allowing holding tanks would make sense.
Oversight, purpose, and process
Permits are required for construction, replacement, or major repair of any subsurface sewage treatment system (SSTS). New or newly repaired septic tanks must have a filter. Licensed installers of new or replacement SSTSs must provide homeowners with a management plan. Certain procedures must be followed in abandoning a system as well.
Inspections are required at various points in the process of installing or replacing a septic system, when a construction permit is required to repair, upgrade, or modify a system, when a bedroom is added, when a home is expanded or use of the property is changed in a way that could impact the performance of the system, when a property owner applies for a land use permit within a shoreland district, when a formal inspection program is implemented such as a shoreland inspection program, when a system fails, and when a complaint is made in regard to a system.
The proposed ordinance states, “The department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system.” This does not include a residence or private building.
A certified inspector acting professionally would report failing systems to the county, said Environmental Health Officer Mitch Everson. Director Nelson said the Planning & Zoning Department gets a lot of complaints from people in regard to their neighbors, especially when the people who are making the complaints want to build something and are being told they need a septic inspection in order to get a building permit.
A board of adjustment is available to grant variances and hear appeals.
The proposed ordinance states that the ordinance is intended to “serve the best interests of the county’s citizens by protecting its health, safety, general welfare, and natural resources” and to promote “the protection of lakes, rivers and streams, wetlands, and groundwater in Cook County essential to the protection of public health, safety, welfare, socioeconomic growth and development of the county.”
Nelson said this is just the beginning of a lengthy process. Public hearings will be held later this year. He said no additional personnel will be hired to enforce the new ordinance.
Dialogue with the public
On May 21, Commissioner Garry Gamble suggested that the county board change the parameters of the public comment period at the beginning of each meeting to allow more dialogue with the public.
The board currently listens to comments but does not engage in discussion during that portion of the meeting. Gamble said that to some people, expressing their thoughts during the public comment period feels “like talking to a brick wall.”
“We benefit from dialogue with the people we represent,” Gamble said.
The guidelines Gamble proposed outlined parameters more specifically than the current guidelines, and Commissioner Heidi Doo-Kirk thought they would be more restrictive than what they have now.
Commissioner Sue Hakes said they need to avoid a de facto public hearing in which people would voice opinions on a certain topic, potentially swaying a decision by the board without the public being given notice that a hearing would be held at that meeting. She suggested that they could do a better job responding to people and letting them know they’ve been heard.
Commissioner Bruce Martinson suggested setting aside a certain time every month for the board to have an open discussion with the public.
Gamble recommended having some checks and balances in their interactions with the public but said he would not expect problems if people felt respected and believed the board was being responsive.
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