The purpose of the Individual Sewage Treatment Systems (ISTS) Ordinance is to provide standards, guidelines, and regulations for the compliance and enforcement of the proper siting, design, construction, installation, operation, maintenance, repair, reconstruction, inspection and permanent abandonment of standard sewage systems; and subject to municipal approval, alternative, new technology, and performance ISTS.
The MPCA adopted new Sewage System Rules 7080, 7081, 7082, and 7083 on February 4, 2008. Counties have two years (until February 4, 2010) to adopt the new septic system standards. Dakota County adopted a new septic system ordinance on November 17, 2009.
State Rules require that cities and townships adopt the minimum County Ordinance standards into their own local septic ordinance within one year after the County’s Ordinance amendment. Most of the changes that will come forth are directly from the
new Minnesota Pollution Control Agency (MPCA) Rules.
Dakota County Ordinance 113 Standards that are more restrictive than MN Rules 7080 – 7083 Property for Sale (Section 9.02 C & D). A Compliance Inspection Report must be completed by a MPCA Licensed Compliance Inspector for all for-sale properties. Failing systems must be upgraded in 10 months. (MN Rules reference only owner disclosure form.)
Timeframe for Correcting Failing Sewage Systems (Section 5.02 B). Failing sewage systems requiring upgrade as a result of compliance inspections (property for sale, bedroom addition, and a municipality resolving a complaint) must be corrected within 10 months. (MN Rules 7082.01 requires upgrade “within a specified time period set by your city or township after the owner receives a notice of noncompliance”.)
Timeframe for Correcting Imminent Threat to Public Health (ITPH) Sewage Systems (Section 5.02 C). ITPH must be corrected within 30 days from city or township notification to the owner of the system. (MN Rules 7082.01 B requires within 10 months.)
No Homeowner Installed Subsurface Sewage Treatment Systems (SSTS) (Section 5.05). Dakota County does not allow homeowner installed SSTS. (MN Rules 7083.07 B allows for homeowner installed SSTS with an approved design from a State licensed designer and the requirement that only the homeowners can do the work.)
Pumpers Required to Submit Monthly Pump Logs to Dakota County. The Metropolitan Council requires that all cities and townships administer a Pump Maintenance Program. Dakota County needs to receive pump logs to maintain and update the pump database to then send out pump reminder cards for the Township and City Pump Maintenance Programs.
Second Soils Observation Submittal (Section 7.02 D). The required second soils observation must be submitted with the design / permit application for a new or replacement SSTS, unless prior specific site approval is obtained from the municipality. (MN Rules 7082.05 Subp. 3 A. allows the second soils verification to be done after system is installed at the SSTS Inspection).
Clarification on Soils Criteria for Existing SSTS (Section 6.03) All new SSTS require three feet of vertical separation. MN Rules 7080.15 Subp. 4 E requires SSTS built before 4/1/96 to have at least two feet of vertical separation. For SSTS built after 3/31/96, MN Rules 7080.15 Subp. 4 D allows a possible 15% reduction in the separation distance to periodically saturated soil and/or bedrock to account for settling of sand (for mounds) or soil, normal variations of separation measurements, and interpretation of limiting soil layer characteristics. Dakota County allows this 15% separation reduction option.
Summary Most of the new septic standards that will apply throughout Dakota County will be directly from the new MPCA Rules which we are required to adopt. Therefore, we encourage contractors and others interested in the forthcoming “new” standards to read and study the new MPCA Rules.
Our standards that are more restrictive than the State Rules are listed above.
If you have specific questions on Ordinance 113, send email to
Michael.Rutten@co.dakota.mn.us or call 952-891-7008.