Failing septic system
A septic system fails if the tank is not water tight or if there is not enough separation from saturated soil or bedrock. A failing system discharges sewage to the ground surface or to surface water, or has sewage backing up into the house. These conditions have the potential to immediately and adversely affect or threaten public health or safety. After being notified by the local municipality, a homeowner has 30 days to repair the system and resolve the problem; and ten months to permanently upgrade the system.
Compliance Inspection
A compliance inspection is a septic system evaluation and must be completed by a Minnesota Pollution Control Agency licensed private inspector. After the inspection, the septic inspector will either issue a Certificate of Compliance or a Notice of Noncompliance. If a Notice of Noncompliance is received, the homeowner must repair or replace the failing septic system components.
All newly installed septic systems must be evaluated by a licensed inspector. An "as-built" compliance inspection consists of a drawing and documentation on an inspection form specifying the final, in-place location, size, and type of all septic system components.
Property Transfer
A compliance inspection is required before a property is sold. The results must be given to each prospective buyer. Using the Minnesota Pollution Control Agency's form, the compliance inspector must confirm:
- the tank(s) is watertight,
- there is no sewage discharge to the ground, surface or backup into the house, and
- there is adequate vertical drainfield separation from the water table and bedrock.
Although property transfer compliance inspections are not required to address tank or system size requirements, inspectors may address this in an addendum to their report. A passing compliance inspection is valid for five years on new systems, and three years for older systems. If the system fails the compliance inspection (but is not an imminent threat to public health), the system must be upgraded within ten months. The seller and buyer negotiate the cost.
Bedroom Addition
A compliance inspection must be performed before a bedroom can be added to a home. In addition to the requirements for property transfer, the compliance inspector will determine if the septic tank and the soil absorption part (drainfield, mound, etc.) are large enough to accommodate the proposed bedroom.
Regulations
Septic systems are regulated by individual city and township ordinances, as well as Minnesota Pollution Control Agency Chapter 7080, and Dakota County Ordinance 113. Each city and township in Dakota County is responsible for their own administration, permitting, inspections, and enforcement of their septic ordinance and program.
In addition, the Metropolitan Council is responsible for drinking water protection under Section 208 of the U.S. Clean Water Act and for controlling demand on its municipal wastewater treatment facilities. The Met Council Local Planning Handbook, Section 473.859 requires each municipality to enforce MPCA Chapter 7080 and to adopt a septic pump maintenance program.