Minnesota Benchmark

Board of Commissioners

Fran Miron, District 1

Ted Bearth, District 2

Gary Kriesel, Chair, District 3

Karla Bigham, District 4

BOARD AGENDA Lisa Weik, District 5 JANUARY 20, 2014 – 9:00 A.M.

1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities.

3. 9:10 Consent Calendar – Roll Call Vote 4. 9:10 Public Hearing – Administration – Kevin Corbid, Deputy County Administrator Revised Policy #1032, 2015 Fee Schedule 5. 9:25 Community Services – Kathy Mickelson, Community Services Division Manager Contract with Canvas Health, Inc. for 2015 6. 9:30 Public Works – Cory Slagle, Engineering and Construction Manager Resolution – Environmental Impact Statement for the County State Aid Highway 17 Reconstruction Project 7. 9:35 General Administration – Molly O’Rourke, County Administrator Legislative Update 8. 9:45 Commissioner Reports – Comments – Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:00 Adjourn 11. 10:05-10:35 Workshop with Public Health & Environment – Girard Goder, Environmental Program Supervisor Discuss Proposed Revisions of the County’s Subsurface Sewage Treatment Ordinance 12. 10:40-11:25 Workshop with Public Works – Don Theisen, Public Works Director Review Final Design for the Public Works North Shop Improvement Project 13. 11:30-11:50 Workshop with Public Works – Don Theisen, Public Works Director Review the Counties Transit Improvement Board Draft 2015 Legislative Platform

12:00 Personnel Committee Meeting

Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER

WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 20, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM

Administration A. Approval of January 6, 2015 County Board Meeting minutes.

B. Approval to appoint James Wojcik, to the Community Corrections Advisory Board to a first term expiring December 31, 2016.

C. Approval to appoint Richard Glasgow, Lakeland, to the Veteran’s Rest Camp Association, Inc., for a term expiring December 31, 2016.

D. Approval to reappoint Pamela Skinner, Oakdale, to the Ramsey-Washington Metro Watershed District to a three year term expiring February 23, 2018.

E. Approval to appoint John Banick, Oakdale, to the Community Corrections Advisory Board to fill the remainder of a Commissioner District 2 position expiring December 31, 2015.

F. Approval to appoint Tony Jurgens, Cottage Grove, as a District 4 Representative to the Library Board to a first term expiring December 31, 2017.

G. Approval to appoint James Widen, Woodbury, to the Housing and Redevelopment Authority Board of Commissioners, as a District 5 Representative, to a first term expiring December 31, 2017.

H. Approval of legislative agenda priority item related to the Department of Natural Resources settlement of lawsuit related to water levels in White Bear Lake.

Human Resources I. Approval to authorize the Human Resources Director to electronically submit the 2015 Pay Equity Report to the Minnesota Department of Management and Budget and check electronic signature box stating the submission is authorized by the County Board Chair.

Public Health & J. Approval of an agreement with the University of Minnesota Extension Environment Service for 4-H programs and staffing.

Public Works K. Approval of resolution authorizing final payment in the amount of $33,075.72 to Minnowa Construction, Inc. for the County State Aid Highway 21 bridge replacement project.

Sheriff L. Approval for permanent use of fund balance in Sheriff’s Office funds 117, 118, 119,126, and 127 for 2014 year end.

Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.

3:30 PM - Housing and Redevelopment Authority Board -- HRA Offices, 7645 Currell Blvd., Woodbury

5:00 PM - Historic Courthouse Advisory Committee -- 101 West Pine St., Stillwater

January 21, 2015 Wednesday

8:30 AM - Counties Transit Improvement Board (CTIB) -- Ramsey County Building, 90 W. Plato Boulevard, St. Paul, MN

8:30 AM - Workforce Investment Board -- Washington County Workforce Center, 2150 Radio Drive, Woodbury, MN

9:30 AM - Plat Commission -- Washington County Government Center

12:30 PM - Metro Transportation Advisory Board -- 390 Robert Street North, St. Paul

3:30 PM - MICA Annual Meeting -- Chaska Town Course, 3000 Town Course Drive, Chaska

January 22, 2015 Thursday

7:30 AM - Community Corrections Advisory Board -- Washington County Government Center

7:30 AM - Greater MSP -- TBD

9:00 AM - Resource Recovery Project Board Meeting -- Oakdale Discovery Center, 4444 Hadley Avenue N, Oakdale

12:00 PM - Metropolitan Library Service Agency -- Metropolitan Library Service Agency, Suite 314, 1619 Dayton Avenue, St. Paul, MN

4:00 PM - Red Rock Corridor Commission -- Cottage Grove City Hall, 12800 Ravine Parkway South, Cottage Grove

January 23, 2015 Friday

10:00 AM - Lockridge Grindal Nauen Meeting -- Washington County Government Center, 5th Floor

Meeting dates, times and locations may change. Contact the Office of Administration or individual agencies for the most current information.

Admin Commissioners Calendar 1 1/12/2015 3:44 PM 1

OFFICIAL PROCEEDINGS OF THE COUNTY BOARD WASHINGTON COUNTY, MINNESOTA JANUARY 6, 2015

BOARD WORKSHOP WITH THE OFFICE OF ADMINISTRATION

The Board met in workshop session prior to the County Board meeting with the Office of Administration to discuss Commissioner Committee assignments for 2015. No business was transacted and the public was welcome to attend. Present were Commissioners Kriesel, Bearth, Weik, Miron and Commissioner-Elect Bigham.. Also present were Molly O’Rourke, Kevin Corbid, Nancy Brase, and county staff.

OATH OF OFFICE

The Honorable Gary Schurrer, District Court Judge, administered the Oath of Office to newly-re-elected Commissioner Ted Bearth, District 2.

State Senator Katie Sieben administered the Oath of Office to newly-elected Commissioner Karla Bigham, District 4.

The Honorable Gary Schurrer, District Court Judge, administered the Oath of Office to newly re-elected William Hutton, Washington County Sheriff.

The Honorable John Hoffman, District Court Judge, administered the Oath of Office to newly re-elected County Attorney Peter Orput.

WASHINGTON COUNTY BOARD OF COMMISSIONERS CONVENES

The Washington County Board of Commissioners met in regular session at 9:10 a.m. Present were Commissioners Bigham, Bearth, Kriesel, Weik, and Miron. Absent none. Board Vice Chair Kriesel presided. Also present were Molly O’Rourke, County Administrator; George Kuprian, County Attorney Division Chief; Deb McDonald, County Board Secretary; residents, media representatives; and county staff. The Board recited the Pledge of Allegiance.

ELECTION OF WASHINGTON COUNTY OFFICERS FOR 2015

Board Vice Chair Kriesel asked for nominations for County Board Chair for 2015. Commissioner Miron nominated Commissioner Gary Kriesel for County Board Chair for 2015. Commissioner Weik seconded the nomination. The Board Vice Chair asked for further nominations; none were heard. 2

January 6, 2015

Commissioner Weik moved to close nominations. Commissioner Miron seconded the motion and it was adopted unanimously.

Commissioner Gary Kriesel was elected as Board Chair for 2015.

Board Chair Kriesel asked for nominations for Vice Chair for 2015.

Commissioner Weik nominated Commissioner Ted Bearth for County Board Vice Chair for 2015. Commissioner Miron seconded the nomination. The Board Chair asked for nominations; none were heard.

Commissioner Weik moved to close nominations. Commissioner Miron seconded the motion and it was adopted unanimously.

Commissioner Ted Bearth was elected as County Board Vice Chair for 2015.

BOARD MEETING DATES FOR 2015

Commissioner Weik moved to set meetings of the Washington County Board of Commissioners for the year 2015 for the first four Tuesdays of each month excluding any Tuesday which is a legal holiday, at 9:00 a.m.; and, that the Chair can call an evening meeting or a later start time, when necessary, to conduct business or to allow for evening access by citizens or interested parties. Commissioner Bigham seconded the motion and it was adopted unanimously.

COMMENTS FROM THE PUBLIC

The Board Chair asked for comments from the public; none were heard.

CONSENT CALENDAR

Commissioner Miron moved, seconded by Commissioner Bearth to adopt the following Consent Calendar:

1. Approval of the December 16, 2014, County Board meeting minutes.

2. Approval of a Memorial Day Appropriation of $100 each, upon request, in 2015 for military service organizations as set out in state statute.

3. Adoption of Resolution No. 2015-001 as follows: 3

January 6, 2015

Award of 2015 Newspaper Publication Bids

WHEREAS, pursuant to bid advertisement, newspaper publication bids were received until 2:00 p.m., December 3, 2014 for the following publications:

1) Official Board Proceedings (Board minutes in summary form) 2) Legal Notices 3) Delinquent Real Estate Tax List 4) Financial Statement (first & second publication)

WHEREAS, timely bids were received from the Lillie Newspapers, Press Publication Inc. – St. Croix Valley, The Lowdown, Press Publication Inc. – Forest Lake, The Lowdown, Woodbury Bulletin, Forest Lake Times, Pioneer Press, and the Stillwater Gazette; and

WHEREAS, Washington County newspaper publishing awards are based on lowest index number for all bids; and

WHEREAS, pursuant to authority contained in Minn. Stat. 331A.12 the Public Works Department may designate the Washington County web site as the official publication of transportation projects legal notices.

NOW, THEREFORE BE IT RESOLVED, that the Washington County Board of Commissioners hereby awards newspaper publication bids for 2015 as follows:

1) Official Proceedings of the Washington County Board of Commissioners (Board Minutes in Summary Form): Lillie Newspapers 2) Legal Notices: Lillie Newspapers 3) Notice and List of Real Estate Taxes Remaining Delinquent: Press Publications, St. Croix Valley 4) First Publication of the Financial Statement for year ending December 31, 2013: Lillie Newspapers 5) Second publication of the Financial Statement to be distributed as an insert: Stillwater Gazette

BE IT FURTHER RESOLVED, that the Washington County, MN web site is designated the official publication for transportation project legal notices; and,

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to each newspaper.

4. Approval of appointments/reappointments of citizen volunteers to Advisory Committee for 2015 as follows:

District 2 Mark Landis, Oakdale, Community Development Block Grant Advisory; Bill Hargis, Woodbury, Housing and Redevelopment Authority; 4

January 6, 2015

District 2 (continued) Alyssa Bance, Oakdale, Library Board; Charles Burfeind, Oakdale, Parks and Open Space Commission; Robert Viking, Woodbury, Planning Advisory Commission; Randy McAlister, Oakdale, Mental Health Advisory; Shauna Holt, Oakdale, Historic Courthouse Advisory Committee.

District 3 George Thole, Stillwater, Historic Courthouse Advisory Committee; Jennifer Pelletier, Lake Elmo, Parks and Open Space Commission.

District 4 Michael Edman, Cottage Grove, Community Corrections Advisory; David Erickson, Newport, Historic Courthouse Advisory Committee; Shane Bauer, Denmark Township, Planning Advisory Commission.

District 5 Anthony Tedesco, Woodbury, Community Corrections; Dean Shepersky, Woodbury, Historic Courthouse Advisory Committee; Nicholas Brave, Woodbury, Mental Health Advisory; Andy Joyce, Woodbury, Parks and Open Space Commission.

At Large Francis Reinberger, Stillwater, Audit Committee; Harry Melander, Mahtomedi, Board of Adjustment and Appeals; Mark Doneaux, Stillwater, Board of Adjustment and Appeals; Dan Dolan, Woodbury, Minnesota Extension; Mary Thelen, Oakdale, Minnesota Extension; Daniel Malmgren, Marine on St. Croix, Personnel Board of Appeals; Jesse Kurtz, Stillwater, Veteran’s Rest Camp.

The County Board affirms the following committee reappointments: Anthony Carr, Stillwater, Community Corrections; Peter Orput, Stillwater, Community Corrections; Meghan Quinn, Stillwater, Community Corrections; Sheriff Bill Hutton, Stillwater, Community Corrections; Nathan Sosisnski, Stillwater, Community Corrections; Brian Krafthefer, Stillwater, Groundwater Advisory Committee; 5

January 6, 2015

Daniel Belka, Woodbury, Groundwater Advisory Committee; Eldon Lamprecht, Oakdale, Groundwater Advisory Committee; Dale Setterholm, Marine on St. Croix, Groundwater Advisory Committee; Brian Bachmeier, Oakdale, Groundwater Advisory Committee; Steve Kernik, Woodbury, Groundwater Advisory Committee; Dennis Hanna, St. Paul Park, Groundwater Advisory Committee; Brian Johnson, Woodbury, Groundwater Advisory Committee.

5. Approval of purchase of services agreement with Tubman for the period January 1, 2015, through December 31, 2015, in the amount of $159,685.

6. Approval of a purchase of services agreement with BI, Incorporated for the period January 1, 2015, through December 31, 2015, in the amount of $75,000.

7. Approval to renew two contracts in the amount of $155,000 for Multi-Systemic Therapy, a research-based, intensive, in-home family therapy program and alternative to juvenile residential placement.

8. Approval to renew purchase of service agreements with Lakes Area Youth Service Bureau and Youth Service Bureau Inc. for the period January 1, 2015, through December 31, 2015.

9. Approval of the 2014-2015 Interim Comprehensive Plan for Community Corrections.

10. Approval of Memorandum of Agreement for a new assignment of Jail Corporal for the Correctional Officers Unit represented by Minnesota Public Employees Association.

11. Adoption of Resolution No. 2015-002 as follows:

Transfer of $6,000.00 from Jordan Bequest to City of Marine

Whereas, Chapter 13, Laws of Minnesota 2005, gives the Washington County Board of Commissioners the authority to direct, operate and manage the Washington County Library System; and,

Whereas, Washington County has entered into a Joint Powers Agreement with the City of Marine that includes a process for transferring funds from the Elizabeth Jordan bequest to the City of Marine; and,

Whereas the City of Marine has requested by letter dated December 6, 2014 that a transfer be made to the City of 2% of the value of the “Jordan bequest” or $6,000 whichever is greater for the purchase of library resources which is a lawful purpose under the Joint Powers Agreement; and, 6

January 6, 2015

Whereas the value of the Jordan bequest on November 30, 2014 was $295,000; and,

Whereas 2% of the Jordan bequest is $5,900;

Therefore, be it Resolved that, the Washington County Board of Commissioners hereby authorizes the transfer of $6,000 to the City of Marine for the purchase of library resources.

12. Adoption of Resolution No. 2015-003 as follows:

Amendment No. 2 Right of Entry Agreement with 3M Company

WHEREAS, the Minnesota Pollution Control Agency requested 3M Company conduct groundwater testing for perfluorochemicals from the Jordan aquifer in the Whistling Valley area of Lake Elmo; and

WHEREAS, on August 19, 2008, Washington County and 3M Company entered into Right of Entry Agreement #4854 and 3M Company installed the monitoring well in the Lake Elmo Park Reserve; and

WHEREAS, on March 19, 2013, Washington County and 3M Company entered into Amendment No. 2 to Right of Entry Agreement #4854 extending the term of the agreement to December 31, 2014; and

WHEREAS, the term of said Right of Entry Agreement expired December 31, 2014 and the County and 3M Company wish to extend the term of the agreement to December 31, 2016 through the execution of Amendment No. 2 to the agreement; and

NOW, THEREFORE BE IT RESOLVED, that the Washington County Board of Commissioners approves Amendment No. 2 to Right of Way Agreement #4854 between the County and 3M and grants 3M a license for the term set forth in Amendment No. 2 to enter upon County land identified in the Agreement.

BE IT FURTHER RESOLVED, that Amendment No. 2 to Right of Entry Agreement #4854 between the County and 3M Company be executed through the signatures of the County Board Chair and the County Administrator without further action of the County Board conditioned upon compliance with all agreement conditions and approval as to form by the Washington County Attorney’s office.

13. Approval to enter into an agreement with Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management, to receive funding through the Department of Homeland Security, Urban Area Security Initiative Grant Program.

14. Adoption of Resolution No. 2015-004 as follows:

January 6, 2015

Mutual Aid/Joint Exercise of Powers Agreement Between the City of Prescott, Wisconsin and the Washington County Sheriff’s Office

BE IT RESOLVED, that the Washington County Sheriff’s Office is authorized to enter into a Mutual Aid/Joint Exercise of Powers Agreement with the City of Prescott, Wisconsin Police Department.

BE IT FURTHER RESOLVED, that the Washington County Sheriff, William M. Hutton, is hereby authorized to execute and sign this agreement and any amendments thereto, as are necessary to implement this agreement on behalf of the Washington County Sheriff’s Office.

15. Adoption of Resolution No. 2015-005 as follows:

Mutual Aid/Joint Exercise of Powers Agreement Between the Polk County, Wisconsin Sheriff’s Office and the Washington County Sheriff’s Office

BE IT RESOLVED, that the Washington County Sheriff’s Office is authorized to enter into a Mutual Aid/Joint Exercise of Powers Agreement with the Polk County, Wisconsin Sheriff’s Office.

The foregoing Consent Calendar was adopted 5-0 with a Roll Call vote as follows: Ayes, Commissioners Bigham, Bearth, Weik, Miron, and Kriesel; Nays, none.

GENERAL ADMINISTRATION

Commissioner Bigham moved to approve the Commissioner Committee Assignments for 2015 as follows:

FRAN MIRON – DISTRICT 1

Association of Minnesota Counties (AMC) Agricultural and Rural Development Task Force Environment and Natural Resources Local Government Water Roundtable Advisory Committee Extension Committee Groundwater Advisory Legislative Committee Metropolitan Emergency Services Board (MESB) Metropolitan Mosquito Control Metropolitan Transportation Advisory Board (TAB) Minnesota Extension Advisory Committee Minnesota Inter-County Association (MICA) Personnel Committee Planning Advisory Commission (Alt.) 8

January 6, 2015

FRAN MIRON – DISTRICT 1 (continued)

Plat Commission (Alt.) Ramsey/Washington Resource Recovery Joint Powers Board Regional Railroad Authority Board Regional Solid Waste Management Coordination Board Rush Line Corridor Suburban Counties Group 35-E Committee University of Minnesota Extension Advisory Committee

TED BEARTH – DISTRICT 2

Association of Minnesota Counties (AMC) Health and Human Services Committee Community Corrections Advisory Board Counties Transit Improvement Board (CTIB) Grant Evaluation and Ranking System (Alt.) East Central Regional Juvenile Center (RJC) Gateway Corridor Commission (Alt.) Housing and Redevelopment Authority Board (HRA) Metropolitan Area Agency on Aging, Inc. Metropolitan Emergency Services Board (MESB) Metropolitan Emergency Services Board Executive Committee Minnesota Inter-County Association (MICA) National Association of Counties (NACo) Veterans and Military Service Parks and Open Space Commission Personnel Committee Ramsey/Washington Resource Recovery Joint Powers Board Regional Railroad Authority Regional Solid Waste Management Coordinating Board (Alt.) Workforce Investment Board Yellow Ribbon Network of Washington County

GARY KRIESEL – DISTRICT 3

Andersen Community Advisory Committee Association of Minnesota Counties Transportation Committee Audit Advisory Committee Finance Committee Historic Courthouse Advisory Committee Law Library Board Metropolitan Energy Policy Coalition (MEPC) Metropolitan Library Services Agency (MELSA) Metropolitan Mosquito Control Metropolitan Mosquito Control Executive Committee Minnesota Inter-County Association (MICA) (Alt.) National Association of Counties (NACo) Transportation Steering Committee Veterans and Military Service Planning Advisory Commission Plat Commission Ramsey/Washington Resource Recovery Joint Powers Board 9

January 6, 2015

GARY KRIESEL – DISTRICT 3 (continued)

Regional Railroad Authority Regional Solid Waste Management Coordinating Board Suburban Counties Group

KARLA BIGHAM – DISTRICT 4

Association of Minnesota Counties (AMC) Board of Directors and District X Representative General Government Counties Transit Improvement Board (CTIB) Grant Evaluation and Ranking System Housing and Redevelopment Authority Board (HRA) (Alt.) Legislative Committee Library Board Metropolitan Alliance for Healthy Families Metropolitan Emergency Services Board (MESB) (Alt.) Metropolitan Transportation Advisory Board (TAB) (Alt.) National Association of Counties (NACo) Community & Economic Development Next Generation Women of NACo Leadership Network Ramsey/Washington Resource Recovery Joint Powers Board Red Rock Corridor Regional Railroad Authority Regional Solid Waste Management Coordinating Board (Alt.) University of Minnesota Extension Advisory Committee

LISA WEIK – DISTRICT 5

Association of Minnesota Counties (AMC) Futures Committee Public Safety Committee Counties Transit Improvement Board (CTIB) Executive Committee and Executive Change Board East Metro Strong Planning Representative Executive Committee Finance Committee Gateway Corridor Commission Greater MSP Library Board (Alt.) Library Park Association Mental Health Advisory Council Metropolitan Energy Policy Coalition (MEPC) Executive Committee Metropolitan Mosquito Control (Alt.) National Association of Counties (NACo) International Economic Development Task Force Rural Action Caucus Steering Committee Transportation Steering Committee Women of NACo Leadership Network Ramsey/Washington Resource Recovery Joint Powers Board (Alt.) Regional Railroad Authority

January 6, 2015

Mjyke Nelson, Information Technology Director was appointed to the Metro GIS Policy Board; and Lowell Johnson, Director of Public Health and Environment appointed to the State Community Health Services Advisory Committee.

Commissioner Bearth seconded the motion and it was adopted unanimously.

COMMISSIONER REPORTS – COMMENTS – QUESTIONS

Commissioner Miron reported the Metropolitan Mosquito Control District has an organizational meeting scheduled for January 8, 2015, at 9:00 a.m. He presented Commissioner Kriesel with a roll of nickels and acknowledged the article in the Pioneer Press on the Kriesel brothers. He remarked on the dedication to service by the Kriesel brothers, both locally and nationally.

Commissioner Kriesel expressed his appreciation to Commissioner Miron for his kind comments.

Commissioner Bigham thanked the voters of District 4 along with her family and expressed her enthusiasm to be a part of the Washington County Board of Commissioners.

BOARD CORRESPONDENCE

Board correspondence was received and placed on file.

ADJOURNMENT

There being no further business to come before the Board, Commissioner Weik moved to adjourn, seconded by Commissioner Miron and it was adopted unanimously. The Board meeting adjourned at 9:20 a.m.

BOARD WORKSHOP WITH THE OFFICE OF ADMINSTRATION

The Board met in workshop session with the Office of Administration to prepare for the upcoming meeting with Washington County Legislative Delegation. No business was transacted and the public was welcome to attend. Present for the workshop session were Commissioners Miron, Bearth, Kriesel, Bigham and Weik. Also present were Molly O’Rourke; county staff; and media representatives.

Gary Kriesel, Chair County Board

Attest: Molly F. O’Rourke County Administrator BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3B Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Administration Nancy Brase 651-430-6009 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Yvonne Klinnert 651-430-6026

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval to appoint James Wojcik, Oakdale, to the Community Corrections Advisory Board to a first term expiring December 31, 2016.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: Yes Minnesota Statute 401.02 requires that counties that organize under the Community Corrections Act must appoint an advisory board. Minnesota Statutes 401.08 requires the advisory committee to consist of representatives of law enforcement, prosecution, the judiciary, education, corrections, ethnic minorities, social services, and public citizens.

BACKGROUND/JUSTIFICATION: Mr. Wojcik will fill the Social Services representative membership vacancy.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? No

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3C Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Administration Nancy Brase 651-430-6009 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Yvonne Klinnert 651-430-6026

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval to appoint Richard Glasgow, Lakeland, to the Veteran's Rest Camp Association, Inc., for a term expiring December 31, 2016.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: No BACKGROUND/JUSTIFICATION: Commissioner Bearth and Commissioner Kriesel recommend this appointment. Membership requires two members of Veterans Organizations and a resident of Washington County.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? No

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3D Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Administration Nancy Brase 651-430-6009 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Yvonne Klinnert 651-430-6026

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval to reappoint Pamela Skinner, Oakdale, to the Ramsey-Washington Metro Watershed District to a three year term expiring February 23, 2018

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: Yes Minnesota Chapter 103D.311 requires the County Board to appoint watershed district managers.

BACKGROUND/JUSTIFICATION: The City of Oakdale and Commissioner Bearth recommend the reappointment of Pamela Skinner, to the Ramsey-Washington Metro Watershed District Board of managers.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED?

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3E Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Administration Nancy Brase 651-430-6009 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Yvonne Klinnert 651-430-6026

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval to appoint John Banick, Oakdale, to the Community Corrections Advisory Board to fill the remainder of a Commissioner District 2 position expiring December 31, 2015.

BACKGROUND/JUSTIFICATION: Commissioner Bearth recommends this appointment.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? No

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3F Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Administration Nancy Brase 651-430-6009 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Yvonne Klinnert 651-430-6026

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval to appoint Tony Jurgens, Cottage Grove, as a District 4 Representative to the Library Board to a first term expiring December 31, 2017.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: Yes Minnesota Statutes 134.09 requires the County Board of Comissioners appoint members from among residents of the county to the County Library Board.

BACKGROUND/JUSTIFICATION: The County Board of Commissioners recommends the appointment of Tony Jurgens to the Library Board.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes County Board interview held on January 13.

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3G Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Administration Nancy Brase 651-430-6009 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Yvonne Klinnert 651-430-6026

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval to appoint James Widen, Woodbury, to the Housing and Redevelopment Authority Board of Commissioners, as a District 5 Representative, to a first term expiring December 31, 2017.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: Yes Minnesota Statute 469.006 requires that when the governing body of a county adopts a resolution under 469.006 creating a housing and redevelopment authority, the governing body shall appoint members.

BACKGROUND/JUSTIFICATION: The County Board recommends Mr. Widen's appointment.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes Interview held Janaury 13, 2015.

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3H Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Administration Kevin Corbid 651-430-6003 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Kevin Corbid 651-430-6003

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval of legislative agenda priority item related to the Department of Natural Resources settlement of lawsuit related to water levels in White Bear Lake.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: No BACKGROUND/JUSTIFICATION: In 2012, the White Bear Lake Homeowners Association and the White Bear Lake Restoration Association sued the Minnesota Department of Natural Resources (DNR), claiming that the DNR had permitted too much groundwater use in the area, thus lowering the level of White Bear Lake. The lawsuit was settled through mediation between the DNR and the plaintiffs. Through the settlement, the DNR has agreed to support legislative proposals to change the public water supply of a number of east metro communities and to set goals for water conservation in the area. The Washington County Board of Commissioners has reviewed the settlement and has identified a number of concerns with the settlement. A legislative priority item has been created that outlines the county concerns and if adopted, will be included in the county's 2015 legislative platform.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes January 6, 2015 County Board workshop

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3I Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Human Resources Sue Fennern 651-430-6076 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Jan Webster 651-430-6075

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Requesting Board approval to authorize the Human Resources Director to electronically submit the 2015 Pay Equity Report to the Minnesota Department of Management and Budget and check electronic signature box stating the submission is authorized by the County Board Chair.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: Yes Minnesota Rules Chapter 3920 requires local governments to file a pay equity compliance report every three years with the Minnesota Department of Management and Budget (MMB).

BACKGROUND/JUSTIFICATION: The purpose of the Pay Equity Act is to eliminate gender-based wage disparities in public employment. Equitable compensation relationships are achieved when the compensation for female-dominated classes is not consistently below the compensation for male-dominated classes of comparable work value. Local governments are required to demonstrate compliance/non-compliance based on implementation reports that are run and submitted to the state every three years. A number of tests are used to analyze the data to determine compliance/non-compliance. A score of 80 or higher indicates compliance. Washington County’s score is at 89.8, so we are in compliance with the Act.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3J Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Public Health & Environment Stephanie Holt 651-430-6678 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: N/A Lowell Johnson 651-430-6725

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval of and authorization for County Board Chair and County Administrator to sign an Agreement with the University of Minnesota Extension Service for 4-H programs and staffing.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent Yes IS THIS MANDATED? EXPLANATION OF MANDATE: No BACKGROUND/JUSTIFICATION: Annually, the county enters into an agreement with the University of Minnesota Extension Service which outlines the relationship between the two parties for funding, staffing and in-kind services. The agreement supports 4-H program activities in the county. The agreement for 2015 includes 2.0 Full Time and 0.50 Part Time Equivalents of 4-H Program Coordinator time for community youth development and the Youth Teaching Youth school based programs. The Program Coordinators are employees of the University and are co-located within the Department of Public Health and Environment.

Costs for these services is $168,825.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? No

Budget Information

FUNDING: EXPLANATION OF FUNDS: Other County Contingency Budget funds FINANCIAL IMPACT:

YEAR:2015 AMOUNT: $168,825 BUDGETED: Yes

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: Approved RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3K Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Public Works Larry Phillips 651-430-4360 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Cory Slagle 651-430-4337

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Adopt a resolution authorizing final payment in the amount of $33,075.72 to Minnowa Construction, Inc. for the County State Aid Highway (CSAH) 21 bridge replacement project.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: No BACKGROUND/JUSTIFICATION: This capital improvement project included replacement of the CSAH 21 bridge over Valley Creek in the City of Afton. Summary of this contract (#8044)

Original amount $455,488.18

Change orders 1 and 2, approved by the Department Head $46,658.31 in accordance with the contract policy

Quantity under run $ (24,968.50)

Final contract amount $477,177.99

The final payment in the amount of $33,075.72 consists of $9,701.91 of work certified to date and $23,373.81 of retainage. The retainage is expensed to the county as payments are made, but withheld from the contractor throughout the project and paid upon completion.

Project funding was state aid and state bridge bonds. The county's contract contingency goal is not to exceed 7% of the original contract amount. This contract was competed with a 4.8% increase over the original contract amount.

The county engineer recommends final payment to Minnowa Construction, Inc.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes 12/31/11 - County Board adopted the Capital Improvement Plan that identified this project. 4/2/13 - County Board approved the bid and contract with Minnowa Construction, Inc. Budget Information FUNDING: EXPLANATION OF FUNDS: Other State aid and state bridge bonds FINANCIAL IMPACT:

YEAR:2015 AMOUNT: $9,702 BUDGETED: Yes

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: Approved RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD OF COMMISSIONERS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.

DATE January 20, 2015 DEPARTMENT Public Works MOTION BY COMMISSIONER SECONDED BY COMMISSIONER

RESOLUTION TO AUTHORIZE FINAL PAYMENT FOR THE COUNTY STATE AID HIGHWAY 21 BRIDGE PROJECT

WHEREAS, on April 2, 2013 the Washington County Board of Commissioners approved a bid award to Minnowa Construction, Inc. for reconstruction of the County State Aid Highway 21 Bridge in the City of Afton; and

WHEREAS, Minnesota Statutes 160.17 subd. 3 requires that final payment on any road construction or improvement contract for which sealed bids have been required may not be made until the county engineer has certified to the county board that all work has been performed according to the contract; and

WHEREAS, Minnowa Construction, Inc. has satisfactorily completed all work in accordance with the terms and conditions of the contract.

NOW, THEREFORE, BE IT RESOLVED, that Minnowa Construction, Inc. be given final payment in the amount of $33,075.72 as claimed by Minnowa Construction, Inc. in the final payment voucher which is attached hereto. This final payment results in total satisfaction for the contract work more fully described in the above recitals.

YES NO COUNTY ADMINISTRATOR BEARTH BIGHAM KRIESEL MIRON CHAIRPERSON, COUNTY BOARD WEIK

BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 3L Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Sheriff's Office Jill Zenzola 651-430-7978 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: William Hutton 651-430-7601

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval from the County Board for permanent use of fund balance in Sheriff’s Office funds 117 (E911), 118 (Forfeitures), 119 (Explorers), 126 (Federal Equitable Sharing) and 127 (Gun Permits) for 2014 year end.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Consent No IS THIS MANDATED? EXPLANATION OF MANDATE: No BACKGROUND/JUSTIFICATION: Fund 117 is used to track the financial activity of the Sheriff’s Office enhanced 911 funding. Permanent use of fund balance in the amount of $217,500 was approved in the 2014 adopted budget to fund hardware and software upgrades to the computer based Viper phone system. An additional $18,000 of fund balance is being requested for 2014 year end for specialized leadership development training for the Communications Center staff. The current fund balance is approximately $620,800. Fund 118 is used to track the financial activity of the Sheriff’s Office Drug Task Force’s forfeiture proceeds. Approximately $15,000 of fund balance is being requested for 2014 year end to replenish the drug task force’s buy fund. The current fund balance is approximately $59,200.

Fund 119 is used to track the financial activity of the Sheriff’s Office Explorers Post. Approximately $1,500 of fund balance is being requested for 2014 year end for training and travel expenditures related to the Explorers Nationals Competition. The current fund balance is approximately $4,750.

Fund 126 is used to track the financial activity of the Sheriff’s Office Federal Equitable Sharing proceeds. Approximately $12,000 of fund balance is being requested for 2014 year end for professional development and equipment expenditures related to the multijurisdictional drug task force. The current fund balance is approximately $92,300.

Fund 127 is used to track the financial activity of the Sheriff’s Office gun permit funds. Approximately $8,500 of fund balance is being requested for 2014 year end for a new copier. The current fund balance is approximately $150,700.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? No

Budget Information

FUNDING: EXPLANATION OF FUNDS: Other Permanent use of fund balance FINANCIAL IMPACT:

YEAR:2014 AMOUNT: $18,000 BUDGETED: No

YEAR:2014 AMOUNT: $15,000 BUDGETED: No

YEAR:2014 AMOUNT: $1,500 BUDGETED: No

YEAR:2014 AMOUNT: $12,000 BUDGETED: No

YEAR:2014 AMOUNT: $8,500 BUDGETED: No

EXPLANATION OF BUDGET CHANGES: Fund 117 - $18,000 Fund 118 - $15,000 Fund 119 - $1,500 Fund 126 - $12,000 Fund 127 - $8,500

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 4 Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Administration Linda Engh 651-430-6010 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Kevin Corbid Kevin Corbid 651-430-6003

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Conduct a public hearing to consider approval of revisions to Policy No. 1032, the Washington County Fee Schedule and County Department Fees. At the conclusion of the public hearing, Board discussion of comments on fee schedule and final adoption of fee schedule is requested.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Board No TIME NEEDED: 15 Minutes IS THIS MANDATED? EXPLANATION OF MANDATE: Yes By law, unless a statute has specified a fee for a particular service, a public hearing must be held to establish the fee.

BACKGROUND/JUSTIFICATION: Over the past few months the Office of Administration has worked together with county departments to revise the county's fee schedules. Policy No. 1032 has been updated to show the proposed fees for 2015. All changes have been highlighted. The 2015 budget reflects the fee increases as proposed. Most of the changes were discussed as part of departmental budget presentations earlier in the year. Staff will provide additional detail on those fee changes that have come forward more recently or that were not included in department budget presentations. A document is attached that provides a brief summary of each of the substantive changes. These fees will take effect on January 20, 2015.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes Board action to set public hearing approved on December 16, 2014

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: Approved RECOMMENDATIONS: Approved COMMENTS: COMMENTS: FEE SCHEDULE – POLICY NO. 1032 CHANGES FOR 2015

All County Departments

Notary fee Effective in 2014 the Minnesota Legislature increased the maximum fee for notary services from $1.00 to $5.00. The last time the statutory maximum for notary services was changed was in 1983 when it went to $1.00.

Community Services

Attachment A Changes: III. Update in DHS Bulletin using the current State Median income V. Update in DHS Form 6413C X. Year reference change and slight change in language/terminology XI. Update in DHS CCDTF Table 4 to determine eligibility XII. Updated using the most current federal poverty level XV. Update in DHS Form 2977 XVI. Language/terminology changes only

Information Technology

Washington County, along with most other counties in Minnesota, had implemented a fee structure for the acquisition of Geographic Information System (GIS) data by external entities. These fee schedules were established by many counties in the late 1980s/early 1990s when GIS was relatively new to local governments as a means of recovering some of the costs of developing and maintaining this new asset.

Since that time, changes in technology, legal landscape, and views on the value of public data have converged with a decline in revenues and a recognition of other costs associated with collecting fees for data. As a result, there is a trend across the county towards gaining free and open access to public GIS data. MN government organizations are moving towards “free and open” GIS data sharing, removing the cost to acquire GIS data and eliminating licensing associated with restrictions on the use of the data, in order to increase the return on public investment and provide significant benefits to citizens.

The MetroGIS Policy Board recommends that all local government entities in the metro area take action to make public geospatial data more freely and openly available based upon research conducted by the Metro County GIS Managers Workgroup.

Recently Anoka, Carver, Dakota, Hennepin, and Ramsey counties have passed similar resolutions in the metro area. This was approved by the County Board on November 18, 2014.

Property Records and Taxpayer Services

Assessment Fees One percent increase of assessment fees for county assessed communities as included in 2015 budget.

Tax Court Procedures Recent changes in Tax Court procedures have increased county costs for the defense of tax court petitions. Fee increases for tax petitions in non‐county assessed communities will improve cost recovery.

Public Health and Environment

Household Hazardous Waste/Solid Waste Hazardous and solid waste regulatory programs fees are being proposed to be increased 2% to offset rising costs associated with program delivery.

Septic The subsurface sewage treatment system maintenance reporting fee is being proposed to be increased by $1.00 to ensure that the costs associated with delivering programs are covered by associated fees.

Immunizations/Vaccines Some vaccines were removed from the fee schedule because they are not ever given, except in special circumstances. The Hepatitis B and Flu vaccine fees were increased slightly due to increased vaccine cost, and to be comparable to other metro public health departments.

Environmental Center – Small Business Hazardous Waste Collection The fees have not changed, they were never included before and the program manager felt they should be. This is a new section this year.

Food, Beverage and Lodging Program fees increasing by 1% to offset rising costs associated with program delivery.

Public Works

Public Safety Official ID Card Fee charged to contractors or those that are not county employees for ID card. Historic Courthouse Due to the popularity of Saturday special event rentals, the Saturday discounted fee for ceremony‐only rental is being eliminated.

Survey and Land Management  Plat Commission fees and plat review fees have been clarified.  Minor subdivision plats in townships will now be subject to the standard plat review fee, since they incur the same internal cost to review as a minor subdivision in a city.  The hourly rate for custom mapping is changing from $50 per hour to $93 per hour to be consistent with fees charged for similar services in Information Technology by the GIS support unit (the $50 rate is over 20 years old).  Changes in wording due to government sharing of digital data.

Sheriff

Firearms Storage Daily storage fee after the fourth day ‐ $ 1.00 daily fee; this is new.

Jail Summary of Arrest Report Under 10 pages no charge, after that $.10 per page; this is new.

Query/Statistical Reports $5.00; this is new.

Administrative

Policy #1032

FEE SCHEDULE – COUNTY DEPARTMENT FEES

Policy

Washington County, Minnesota, provides a wide range of services to its residents. In order to control expenditures, distribute costs equitably, and recoup some of the expense to provide these services, user fees have been established. Since many of the services provided by the county have a level of public benefit included in them, the full price to deliver many services will not be charged to the user. When a single user can be identified as the sole benefactor of a government service, the full cost of that service will be charged. It is the county's policy to determine and inform users of the full cost to deliver a service, regardless of the amount recovered through the user fee.

A portion of the cost to deliver a service can be supported by revenues other than user fees; i.e., levy, grants, state aids, when there is a public benefit provided.

Other factors that may be considered when setting fees are:

 there must be a reasonable relation between the fee and the cost of providing the service (M.S. 373.41).  fee collectability  market conditions  ease of implementation  simplicity of fee schedules  economic considerations  level of subsidy provided due to public benefit  state and federal statutes governing service delivery fees  grant compliance  industry pricing standards  public policy implication

Unless a statute has specified a fee, a public hearing before the County Board must be held to establish the fee (M.S. 373.41).

On an exception basis, Department Heads are empowered to make a fee decision without going to the County Board for approval as long as the fee determined is in compliance with the Board's adopted fee guidelines.

Implemented: February 8, 2005 Page 1 of 33 Revised: April 8, 2014 Policy #1032

Guidelines

The costs to deliver services can be broken down into four classifications:

Direct Labor and Benefits - An average labor effort is identified in all fee areas. This labor time element or elements (if more than one person performs tasks in the same area) is multiplied by a "productive" hourly rate. This productive hourly rate reflects the cost of compensated absences such as vacations, holidays, and sick leave. An appropriate amount of benefits is also allocated to the fee area; this typically includes PERA, FICA, and insurance benefits.

Services and Supplies - These costs are department budget items necessary to support the activities performed. These costs include items such as training, telephone, contracted services, maintenance, and office supplies that are directly identifiable to the service area.

Department Administration - Such items include appropriate costs for supervision, support staff, and executive management. Costs include salaries, benefits, and related services and supplies.

Indirect Overhead Costs - A central services full-cost allocation plan is prepared to allocate the costs of central service departments such as Accounting and Finance, Human Resources, Information Technology, the County Board, and County Administration. These costs are typically not included in departmental budgets even though central service departments provide necessary services to benefiting departments. Costs allocated include not only those based on a governmental accounting basis (i.e., flow of funds), but additionally include other costs such as interest expense and building use charges. Cost principles used in the allocation of costs are similar to those used in the private sector. The cost allocation plan results in the distribution of costs in a fair and equitable manner to those departments benefiting from the central service expenditures.

The FULL COST to deliver a service is the sum of the four classifications. The full cost will only be charged when there is a sole identifiable benefactor of the government service.

The DEPARTMENT COST is the cost the department incurs to provide a service. It is the sum of direct labor and benefits, services and supplies, and department administration. The department cost is the amount to be charged to the general public and other government entities.

The PERFORMANCE COST is the cost to perform an activity. It includes direct labor and benefits, plus services and supplies. This is the cost charged between departments of the county.

Implemented: February 8, 2005 Page 2 of 33 Revised: April 8, 2014 Policy #1032

County departments will only charge each other for specific services or supplies. No administrative surcharges will be added. The intention for charging other departments for services is to distribute costs of certain support services or aid in recouping costs through outside reimbursement.

Annually, the county will adopt a user fee schedule adjusted to keep pace with inflation and/or the cost for providing the service. Exceptions to the policy guidelines require approval by the County Board.

Responsibility

Department heads are responsible for developing departmental fee recommendations and identifying factors to be considered pursuant to these user fee guidelines. Except in those areas where fees are established by law, the calculation of costs for determining fees will be based on the methods used by Griffith and Associates in the preparation of Washington County's Cost Allocation Plan.

Source

County Board Approval on April 21, 1992 County Board Approval on February 7, 2006 County Board Approval on January 23, 2007 County Board Approval on December 18, 2007 County Board Approval on December 16, 2008 County Board Approval on January 5, 2010 County Board Approval on September 28, 2010 County Board Approval on December 9, 2010 (effective January 1, 2011) County Board Approval on December 13, 2011 (effective January 1, 2012) County Board Approval on December 18, 2012 (effective January 1, 2013) County Board Approval on January 7, 2014 (effective January 7, 2014)

Implemented: February 8, 2005 Page 3 of 33 Revised: April 8, 2014 Policy #1032

(Sales Tax Will Be Added, Where Appropriate)

ALL COUNTY DEPARTMENTS

Desktop/Network Printer Copies per page $ .10

Fast Fax No charge (Electronic fax of AS400 Data)

Fax per page $ .25

International Fax first page $ 7.00 each additional page $ 4.00

Notary Service up to $ 1.005.00

Photocopies 8 ½” x 11” and 8 ½” x 14” per page $ .10 11” x 17” per page $ .20 8 ½ " x 11” and 8 ½” x 14” color per page $ .70 11” x 17” color per page $ 1.00

For copies in excess of 100 pages of letter or legal sized black and white documents, actual charges may be required if they exceed the per page charge – Minnesota Statute 13.03, Subd. 3(c).

Postage and Handling or actual cost, whichever is greater $ 2.00

ADMINISTRATION

2030 Comprehensive Plan Picked Up Mailed

Complete Plan $ 10.00 $ 15.00 Executive Summary $ 1.00 $ 2.50 County Context $ 1.50 $ 3.00 Land Use $ 2.00 $ 4.50 Transportation $ 3.00 $ 6.50 Parks & Open Space Plan $ 2.00 $ 4.50 Natural Resources Plan $ 2.50 $ 4.50 Housing Plan $ 1.50 $ 3.50

Implemented: February 8, 2005 Page 4 of 33 Revised: April 8, 2014 Policy #1032

County Facilities Plan $ 1.50 $ 3.00 Historic Resources Plan $ 1.50 $ 3.00

Summary Poster $ 0.00 $ 0.00

COMMUNITY CORRECTIONS

Adult Diversion $ 168.00

Adult Supervision Misdemeanor $ 230.00 Gross Misdemeanor $ 277.00 Felony $ 330.00

Adult Transfer Out per case $ 110.00

Driving with Care Program $ 360.00

Drug Test $ 17.00 Positive Confirmation Test $ 30.00

Electronic Alcohol Monitoring per day $ 13.00

Electronic Home Monitoring/GPS per day $ 16.00

Community Work Service $ 30.00

Repeat Offender DWI Program $ 450.00

The above fees may be waived according to the following policy:

1. If the offender is receiving Public Assistance under any of the following Programs: -Minnesota Family Investment Plan (MFIP) -MFIP – Diversionary Assistance -Diversionary Work Program (DWP) -General Assistance (GA) -Supplemental Security Income (SSI) -Minnesota Supplemental Assistance (MSA) -Group Residential Housing (GRH)

2. If the offender’s annual household income before taxes is less than 125% of the Federal Poverty Guidelines for the prior year.

Implemented: February 8, 2005 Page 5 of 33 Revised: April 8, 2014 Policy #1032

Sentence-to-Service $ 30.00

Parental fees for juveniles placed out-of-home are handled per Community Services fee schedules.

*The following juvenile outpatient services are billed according to the Department of Human Services Medical Assistance rate for parental reimbursement of SED youth.

P.L.A.C.E. (Juvenile Day Treatment) *

MST (Multi-Systemic Therapy) *

Juvenile Outpatient Sex Offender Treatment *

COMMUNITY SERVICES

See ATTACHMENT A for Community Services fee schedule

INFORMATION TECHNOLOGY

GIS Custom Analysis/mapping ** Technical Assistance per hour $ 93.00

Paper Map Report $.25 per inch Calculated

Processing fee will apply. Add $3.00 postage and handling, if mailed. Larger orders are weighed to determine postage fees.

Metro GIS Regional Parcel Data & Land Records Attributes

The parcel data contained in the Metro GIS Regional Parcel Data Set differs from the surveyor’s parcel data in that it does not include parcel dimensions and it includes 25 parcel attributes maintained by the Property Records and Taxpayer Services Department.

Implemented: February 8, 2005 Page 6 of 33 Revised: April 8, 2014 Policy #1032

Government and Academic Institutions No fees when accessed electronically through the Metro GIS web site $ 0 (Updated quarterly at http://www.metrogis.org)

When accessed electronically through Washington County - per year $ 300.00 (Updated monthly)

Private Sector Set up fee $ 50.00 The first 1 – 2000 parcels per parcel $ .05 The second 2001 – 5000 parcels per parcel $ .03 The third 5001 – 50,000 parcels per parcel $ .02 The fourth 50,001 and up parcels per parcel $ .01 Pre-built datasets not requiring any custom extraction per parcel $ .01

Annual or quarterly updates: The fee is based on the above rates applied to an estimate of the number of parcels changing over the time period.

IT Labor Services Administrative per hour $ 93.00 Consulting per hour $ 93.00 Development per hour $ 93.00 Processing Fee per hour $ 93.00 Technical Assistance per hour $ 93.00

Lists and Data Files Per page cost $ 1.00 Nightly downloaded images per page $ .10 Media type per CD/DVD $ 2.00

Processing fee will apply. Add $3.00 postage and handling, if mailed. Larger orders are weighed to determine postage fees.

LIBRARY

Book Sales (some sets or unique items are specially priced; stock $.10 - $5.00 is from donations and/or library discards)

Scanner use per day $ 20.00

Flash Drive $ 5.00

Implemented: February 8, 2005 Page 7 of 33 Revised: April 8, 2014 Policy #1032

Interlibrary Loan Fees Charge back to library patrons any $ 0 fees assessed to WCL. Patron agrees to fee before WCL proceeds with borrowing the item.

Prints from public computer stations per page $ .15 Color copies $ .70 CD-R disks $ .50 CD-RW disks $ 1.00 Headset for personal computer $ 5.50 Ear buds for personal computer $ 3.50 Law Library information packets (various topics) $ 1 - 20.00 Library bags, canvas (each) $ 15.00 Library bags, generic (each) $ 2.00 Library card, non-MN resident annual $ 60.00 or Minnesota residents whose city or county does not participate in a regional library system in Minnesota; Library card, replacement $ 3.00

Default replacement charges for lost library material – (when price not listed in database) Book $ 20.00 Book, Large Print $ 30.00 Book, Professional Collection $ 75.00 Compact disk (music) $ 15.00 DVD $ 25.00 Games $ 35.00 Inter-library loan item $ 50.00 Kindle, Book Club $ 140.00 Kit, Book Club (10+ books, plus reading guides) $ 150.00 Kit, Juvenile or Adult (with one book only) $ 15.00 Kit, Multimedia (Life Event or Early Literacy) $ 300.00 Magazine $ 4.00 Paperback $ 7.50 Reference book $ 75.00 Spoken compact disk (each) $ 10.00 Spoken compact disk (set) $ 50.00

Processing Fee (non-refundable) $ 8.00 on each lost item for which patron has received a mailed billing notice

Implemented: February 8, 2005 Page 8 of 33 Revised: April 8, 2014 Policy #1032

PROPERTY RECORDS AND TAXPAYER SERVICES

GENERAL ADMINISTRATION

Auctioneer - MS 330.01 (state retains $10 of fee; county retains $10) $ 20.00

Beer - see "Liquor"

Bottle Club - see "Liquor"

Certified Copies - see specific name of fee

Charitable Gambling No fee

Election Results - per page $ .10 (or $10.00, whichever is less)

Fireworks Display Permit $ 50.00

Liquor On-Sale * - MS 340A, CR 95-023 $ 2,000.00 On-Sale, Sunday only * - MS 340A, CR 95-023 $ 200.00 Temporary, 1-4 days - MS 340A, CR 95-023 $ 50.00 Off-Sale * - MS 340A, CR 86-19 $ 500.00

Beer On-Sale 3.2, annual license - MS 340A, CR 95-023 $ 150.00 On-Sale 3.2, temporary, 1-4 days - MS 330.01 $ 25.00 Off-Sale 3.2, annual township license - MS 340A, CR 95-023 $ 50.00 On-Sale, Sunday only – MS 340A $ 200.00

Consumption and Display – Intoxicating Liquor - MS 340A, CR 95-02 $ 300.00 (state collects an additional $150; must be a separate check; sent to state with application, after county has approved.)

Club License * - MS 340A, CR95-023 $ 300.00

Wine * - MS 340A, CR95-023 $ 500.00

Map - Washington County No fee

Notary Commission Recording - MS 357.021, Sub 2 $ 20.00 (county retains fee of $20)

Implemented: February 8, 2005 Page 9 of 33 Revised: April 8, 2014 Policy #1032

Notary Verification (county retains fee) $ 5.00

Notice of Claim Contractor's Bond - MS 574.32 $ 15.00

NSF Check - MS 332.50, Sub 2 (d) $ 30.00

Precious Metal - MS 325F.733, Sub 2 $ 25.00

Registered Voter Certificate - MS 373.41, CR 92-012 $ 5.00

Transient Merchant License - New $ 150.00

Renewal $ 50.00

Voter Registrant List, Tape Copy, Labels (Refer to Secretary of State)

Wine - see "Liquor"

LICENSE CENTERS

All Terrain Vehicle Registration, Renewal, and Transfer MS 84.82, Sub 2 & MS 84.922, Sub 2 New, plus 3-year registration $ 53.50

Transfer $ 12.50 Transfer & renewal $ 57.50 (County retains $4.50 for renewals and $7.00 fee for new registrations and transfers (SLS); state retains remainder)

Renewal only $ 51.00

Boat - Fee depends on type and size

Registration - MS 86b.415, Sub 8 New or renewal, plus transfer or transfer only ranges from $13.00 to $ 103.50 Aquatic species surcharge $ 5.00 (county keeps $7.00; state retains remainder) Renewal only and duplicate card or decal ranges from $ 6.00 to $ 101.00

Aquatic species surcharge $ 5.00 (county keeps $4.50; state retains remainder)

Titling - MS 86b.870, Sub 1 ranges from $ 11.00 to $ 22.00 (county keeps $7.00; state retains remainder)

Implemented: February 8, 2005 Page 10 of 33 Revised: April 8, 2014 Policy #1032

Cross Country Ski Licenses daily $ 6.00 annual $ 20.00 3-year $ 55.00

Disability License Plate Application state fee $ 6.00 county fee $ 10.00

Disability Parking Permit Temporary and short-term disability state fee $ 5.00 Long-term and permanent disability No Fee

Game and Fish - see "Hunting-Fishing"

Hunting-Fishing - MS 97A.485, Sub 6 & 7 (set annually by DNR)

Motor Vehicle Plates, Renewals, and Transfers - MS 168.33, Sub 7 Fee depends on make and year State fee Variable County fee $6.00/$10.00 Wheelage tax $10.00

Motor Vehicle Operator License and Renewal - MS 171.06, Sub 4 Fee depends on class State fee Ranges from $11.25 to $55.25 County fee $ 8.00

OHM and ORV Registration - MS 84.788, Sub 3 & MS 84.798, Sub 3 New or renewal, plus transfer state fee $6.00 to $42.50 (County keeps $7.00; state retains remainder)

Renewal only or duplicate registration card or decal (County keeps $4.50; state retains remainder)

Park Permits (see Public Works – Parks Division)

Passport Book Application - Fed. Register, Vol.42, Pg. 49791-49795, Form DSP-11 Requires two separate checks: one to county/one to Passport Services

Adult $ 135.00 (County retains $25.00 of fee; Passport Services retains $110.00)

Minor under 16 $ 105.00 (County retains $25.00 of fee; Passport Services retains $80.00)

Implemented: February 8, 2005 Page 11 of 33 Revised: April 8, 2014 Policy #1032

Passport Passcard Application If purchased at same time as applying for passport book: Adult (Passport Services retains fee) $ 30.00 Minor under 16 (Passport Services retains fee) $ 15.00

If not purchased in conjunction with passport book, an additional $25.00 filing fee is required (county retains fee.)

Passport Photo $ 15.00

Snowmobile Registration Renewal and Transfer MS 84.82, Sub 2 and MS 84.922, Sub 2 Three-year registration or renewal (with 3-year trail pass) $ 78.50 Transfer $ 7.50 Transfer and renewal $ 52.50

(County retains $2.00 of fee; state retains remainder)

Snowmobile Trail Sticker Three-year (County retains $1.00) $ 36.00

PROPERTY RECORDS MS 357.18, MS 508.82, MS 473h, MS 287.035, MS 287.21 Subd. 1.a and MS 1031.235

Abstract Condominium $ 56.00 (Additional $.50 per unit over 100 units)

Abstract Plats $ 56.00

Abstract Recording Fees unlimited pages $ 46.00

Attest Copies of Documents $ 2.00

Certified Copies $ 10.00

Certified Copies of Plats $ 15.00

Computer Listings/Copies of Official Record per page $ 1.00

Condition of Register $ 50.00

Conservation Fee $ 5.00

Mortgage Registration Tax per $1,000 $ .0023

Implemented: February 8, 2005 Page 12 of 33 Revised: April 8, 2014 Policy #1032

RecordEASE Web Remote Access Monthly subscription fee per individual user $ 30.00 Search fee per search $ .50 View recorded documents per document $ 1.50 View Certificates of Title (Torrens) per certificate $ 2.50 View tract page per tract $ 2.50 View tract card per tract $ 2.50 View recorded plat per plat $ 5.00

Registered Land Survey $ 56.00

State Deed Tax per $1,000 $ .0033

Torrens Condominiums $ 56.00

Torrens Examiner of Titles Services Approval $ 100.00 Directive $ 150.00 Services in District Court Action $ 300.00

Torrens Exchange (for each cancelled and for each new certificate) $ 20.00

Torrens 1st Certificate of Title $ 46.00

Torrens Memorials $ 46.00

Torrens Plats $ 56.00

Torrens Residuary $ 40.00

Torrens Transfers $ 46.00

Well Certificates $ 50.00

TAXATION AND ASSESSOR

Screen Print (free no fee to owner) per parcel $ 3.00

Assessment Contract Fees

Agriculture Improved per parcel $15.7515.91

Implemented: February 8, 2005 Page 13 of 33 Revised: April 8, 2014 Policy #1032

Vacant Land C&I per parcel $ 2.242.26 Ag per parcel $ 2.242.26 Res per parcel $ 1.701.72 Exempt per parcel $ .28.29

Multi-family (Townhome/Condo/Duplex) per parcel $ 5.635.69

Single-family Residential <$500,000 per parcel $ 12.9513.08 >or equal to $500,000 per parcel $ 24.1924.43

Manufactured Homes per parcel $ 9.019.10

Personal Property and PILT per parcel $ 4.494.54

C&I <$999,999 per parcel $50.6351.14 >or equal to $1,000,000 per parcel $84.3985.23

Exempt Improved <$999,999 per parcel $ 5.635.69 >or equal to $1,000,000 per parcel $ 5.635.69

Apartments <$999,999 per parcel $28.1328.41 >or equal to $1,000,000 per parcel $39.3839.77

NEW CONSTRUCTION

Residential Townhome/Condo per parcel $11.2511.36 Single Family per parcel $28.1328.41

C&I New per parcel $129.39130.68

Apartments New per parcel $61.8862.50

Exempt New per parcel $112.50113.63

Implemented: February 8, 2005 Page 14 of 33 Revised: April 8, 2014 Policy #1032

Audit Reports - MS 373.41, CR 92-012 Verification of tax district $ 35.00 Special request/research per hour $ 35.00 Tax increment $ 35.00 Top taxpayers $ 50.00

Auditor’s Bonding Certificate - MS 373.41, CR 92-012 Entire signed & sealed $ 200.00 Per individual page $ 50.00

C.A.M.A. C.A.M.A. printout per parcel (free to owner) $ 3.00

Certifications - MS 373.41, CR 92-012 $ 5.00 Recertifications $ 5.00

Confession of Judgment - MS 373.41, CR 92-012 $ 50.00

First Year Delinquent Tax - Administrative Fee $ 25.00

Green Acre Paybacks- MS 373.41, CP 92-012 per parcel $ 50.00 If Green Acre payback involves the splitting of a taxation parcel $ 100.00

Notice of Expiration of Redemption Fee $ 150.00

Notice of Vested Interest per parcel $ 15.00

Property Information Request – Electronic Data Fees: . Lists and Labels Processing fee $ 97.00 Per page cost $ 1.00 Per label cost $ .03 Programming fee per hour $ 97.00 Add postage and handling, if mailed

Data Files Processing fee $ 97.00 File fee from tax system database per parcel or record** $ .02 Media per CD $ 2.00 Programming fee per hour $ 97.00 Add postage and handling, if mailed

**Washington County political subdivisions and nonprofit organizations receive a reduction of 50% associated with the data file cost per parcel. There is no reduction associated with set-up fees, mailing labels, and programming charges.

Implemented: February 8, 2005 Page 15 of 33 Revised: April 8, 2014 Policy #1032

Property Tax Payment via Internet Credit Card Convenience Fee 2.39% (Not retained by county) E-Check – per transaction $ 1.00 (Not retained by county)

Repurchase of Tax-forfeited Property - MS 373.41, CR 92-012 $ 150.00

Special Assessment - MS 429.061, CR 93-184, CP 1300 Electronic files/parcel $ 3.00 Hard copy files/parcel $ 5.00 (capped at a maximum fee of $15,000 for electronic files)

Tax Data - MS 373.41, CR 92-012, CP1300 Uncertified Searches 1997 - present $ 3.00 Prior to 1997 per hour $ 20.00 Special assessment $ 5.00 Screen print per page $ 3.00 Tax statement per parcel $ 3.00 Recertification of tax paid on deeds for recording $ 5.00

Tax Increment Audit Report (See Audit Report)

Tax Increment Financing (TIF) District - MS 469.176, Sub 4H, CP 92-012

Certification of a new TIF district: flat fee $ 200.00 plus $20.00 per parcel

Addition, deletion or split of TIF district: per parcel $ 20.00

Annual maintenance of the TIF district: flat fee $ 200.00 plus $20.00 per parcel (capped at a maximum fee of 1% of the tax increment funds collected by the district)

Tax Petition Fees Residential Pre-trial $300.00350.00 Trial $1,500.002,000.00

Commercial Pre-trial $600.00800.00 Trial $3,500.004,000.00

(Trial fees billed the year following the trial)

Implemented: February 8, 2005 Page 16 of 33 Revised: April 8, 2014 Policy #1032

Top Taxpayer List (See Audit Report)

Web Subscription Fee (CAMA) Annual (up to 1200 hits) $ 250.00 Monthly (up to 100 hits or 30 days) $ 25.00

VITAL RECORDS

Birth First certified record $ 26.00 Each add’l. certified record issued for the same record at the same time $ 19.00 Uncertified $ 13.00 Verification $ 9.00

Death First certified record without cause of death $ 13.00 First certified record with cause of death $ 13.00 Each add’l. certified record issued for the same record at the same time $ 6.00 Amendment $ 40.00 Verification $ 9.00

Marriage Marriage application $ 115.00 Reduced fee marriage application $ 40.00

Certified and noncertified copy $ 9.00 Each add’l. certified record issued for the same record at the same time $ 9.00 Amendment (application) - less than 45 days from filing date $ 5.00 Amendment (application) – more than 45 days from filing date $ 40.00 Verification $ 9.00 Search $ 8.00 Certified ministerial credentials $ 5.00 Search $ 9.00

Ministerial Ministerial credential registrations to perform marriages $ 10.00 in Minnesota

Certified copy $ 5.00

------Legend: MS = Minnesota Statute MR = Minnesota Rules CR = County Resolution CP = County Policy

Implemented: February 8, 2005 Page 17 of 33 Revised: April 8, 2014 Policy #1032

PUBLIC HEALTH & ENVIRONMENT

Books Infectious Diseases in Child Care Settings (includes mailing/postage) $ 24.00

Computer Generated List Up to 20 pages (additional pages .25 per page) $ 5.00

Counter Sales 201 Sewer Use Regulations $ 2.00

Environmental Center – Small Business Hazardous Waste Collection

Lab Packs per pound $ 2.00

Oil Based Paint per quart $ 1.00 per gallon $ 3.00 per five gallons $ 12.00

Latex Paint per quart $ 1.00 per gallon $ 3.00 per five gallons $ 12.00

Flourescent Bulbs (First 10 bulbs are subsidized by X-cel energy and are collected from businesses at no cost.) 4 foot $ .45 5-6 foot $ .65 8 foot $ .72 compact flourescent $ 1.00 bulbs, all others $ 1.50 PCB capacitors $ 1.00

Fees for all other wastes are charged the counties actual disposal cost for that waste, plus 10%.

Businesses delivering wastes that are subsidized, reimbursed, or have no cost for disposal are not charged for the waste; however, are subject to the administrative charge.

ADMINISTRATIVE CHARGE: per quarter hour $ 15.00 This fee is charged for processing, testing, packing, and analyzing waste. This includes documentation of proper disposal and invoicing. The minimum administrative charge is $15.

Implemented: February 8, 2005 Page 18 of 33 Revised: April 8, 2014 Policy #1032

Food/Beverage/Lodging Program Food establishment (full service) >18 employees $833.00841.00 Food establishment (full service) ≤18 employees $643.00649.00

Additional facility - bar (each) $164.00166.00 Additional facility - kitchen (each) $195.00197.00

Deli/fast food/coffee shop > 18 employees $ 762.00770.00 Deli/fast food/coffee shop ≤ 18 employee $ 575.00581.00

Caterer/commissary >18 employees $ 833.00841.00 Caterer/commissary ≤18 employees $ 643.00649.00

Seasonal food establishment >18 employees $ 540.00545.00 Seasonal food establishment ≤18 employees $ 485.00490.00 Limited food establishment $ 369.00373.00 Seasonal concession stand – Limited $ 383.00387.00 Mobile feedfood unit $ 400.00404.00 Seasonal temporary food stand $ 350.00354.00

Congregate dining $ 369.00373.00

Catering food vehicle (each) $ 77.0078.00 Maximum of 5 $ 385.00389.00

Day care center with food prep $ 540.00545.00 Day care center with limited food prep $ 328.00331.00

Temporary food – for profit $76.00 77.00+ $25.00 per day Temporary food – nonprofit $ 45.00 Temporary food – nonprofit with approved waiver No Charge Temporary food – beverage only $ 45.00 Special Event – Recreational Camping Area $ 152.00154.00

School food service – high risk $ 572.00578.00 School food service – medium risk $ 475.00480.00 School food service – low risk $ 283.00286.00

School food service concession - 1 school $ 42.00 School food service concession - 2-10 schools $ 82.0083.00 School food service concession - 11+ schools $ 134.00135.00

Bed and breakfast $ 398.00402.00

Board and lodging $ 398.00402.00 Motel/Hotel lodging $171.00173.00 base fee + $ 6.866.93 per room

Implemented: February 8, 2005 Page 19 of 33 Revised: April 8, 2014 Policy #1032

Lodging house $171.00173.00 base fee + $ 6.866.93 per room

Public swimming facility – pool First pool $ 365.00369.00 Each additional pool $ 232.00234.00

Public swimming facility - whirlpool/spa First spa $ 305.00308.00 Each additional whirlpool/spa $ 198.00200.00

Manufactured Home Park Class/Category A (MHPA) $129.00130.00 base fee + $7.567.64 per site Class/Category B (MHPB) $129.00130.00 base fee + $6.526.59 per site

Recreational Camping Area Class/Category A (RCAA) $140.00 141.00 base fee + $7.56 7.64per site Class/Category B (RCAB) $140.00 141.00 base fee + $6.52 6.59per site

MHP/RCA Retail food $ 98.0099.00

Youth Camp 0-99 Campers $ 179.00181.00 Youth Camp 100-200 Campers $ 281.00284.00 Youth Camp 201 or more Campers $ 383.00387.00

Plan Reviews Rush Plan review Initial PR fee + 50% of annual license fee Minor equipment $ 124.00125.00 Minor remodeling 100% of annual license fee New/initial/extensive remodel 150% of annual license fee

MHP/RCA $282.00285.00 base + $53.0054.00 for each 10 sites

Youth camp camping $124.00125.00 base fee + $56.0057.00 for each 10 sites Youth camp lodging $103.00104.00+ $6.126.18 per room Youth camp food $ 509.00514.00 Exempt organizations $ 509.00514.00

School Concession Stand Plan Review $ 358.00362.00

Board and lodging (≤10 guests) 100% of annual license fee Board and lodging (>10 guests) 200% of annual license fee

Other Fees

Variance hearing – per variance $150.00 (max. $450.00)

Change of ownership inspection 50% of annual license fee

Implemented: February 8, 2005 Page 20 of 33 Revised: April 8, 2014 Policy #1032

Operating without a license 50% of annual license fee

Hazardous Waste Facility Fees

Activity Fee Treatment, Storage, Disposal $10,815.0011,030.00 Treatment, Disposal $6,560.006,690.00 Storage $3,970.004,050.00 Short Term Transfer $2,335.002,380.00 VSQG Program $1,060.001,080.00 Other Facilities $350.00360.00

Hazardous Waste Generator Fees One time only Initial application fee Very small quantity generator (0 – 264 gallons) $60.0065.00 Small quantity generator (265 – 2,640 gallons) $155.00160.00 Large quantity generator (more than 2,640 gallons) $760.00775.00

Annual fees:

1. Base Fee Very small quantity generator (0 – 264 gallons) $60.0065.00 Small quantity generator (265 – 2,640 gallons) $100.00105.00 Large quantity generator (more than 2,640 gallons) $200.00205.00

2. Nonsewered Waste Volume Fees

Number of Gallons Amount Per Gallon 11 to 50 $2.74172.7965 51 to 100 $1.44691.4758 101 to 250 $0.77650.7920 251 to 1,000 $0.39590.4038 1,001 to 10,000 $0.21180.2160 10,001 to 100,000 $0.11070.1129 100,001 to 500,000 $0.06090.0621 More than 500,000 $0.06910.0705

Implemented: February 8, 2005 Page 21 of 33 Revised: April 8, 2014 Policy #1032

3. Silver Waste Volume Fees

Number of Gallons Amount Per Gallon 11 to 50 $2.74172.7965 51 to 100 $1.44691.4758 101 to 250 $0.77650.7920 Greater than 250 $0.39590.4038 Maximum Fee $425.00435.00

4. Sewered Waste Volume Fees

Number of Gallons Amount Per Gallon 11 to 50 $2.74172.7965 51 to 100 $1.44691.4758 101 to 250 $0.77650.7920 251 to 1,000 $0.25300.2581 1,001 to 10,000 $0.05830.0595 10,001 to 100,000 $0.01420.0145 100,001 to 500,000 $0.00790.0081 More than 500,000 $0.00360.0037 Maximum Fee $11,355.0011,580.00

Minnesota Extension sells various pamphlets and booklets obtained through the U of M Extension office Various prices

Ordinances Individual Sewage Treatment System $ 4.00 Hazardous Waste $ 2.00 Solid Waste $ 4.00 Food Protection $ 1.00 Lodging $ 1.00 Youth Access to Tobacco $ 1.00 Public Pools $ 1.00 Administrative $ 1.00 Manufactured Home Parks/Recreational Camping Areas/Youth Camps $ 1.00 Nuisance $ 1.00 Groundwater Plan $ 20.00 Solid Waste Management Plan $ 4.00

Implemented: February 8, 2005 Page 22 of 33 Revised: April 8, 2014 Policy #1032

Sewage Treatment System Program Fees Soil/site Review Application Fee (nonrefundable) Subdivision $200.00 Base Fee, plus $85.00 Per Lot Individual lot $285.00 Base Fee, plus Septic System Permit Fee

Single Family Dwelling Permit Review Fee Drainfield system $ 300.00 Mound system $ 480.00 Experimental/alternative system $ 480.00 Privy or holding tank design $ 117.00

Non-single Family Design Permit Fee (based on volume in gallons per day) 1 to 500 gallons $ 730.00 501 to 1,000 gallons $ 875.00 1,001 to 5,000 gallons $ 1,100.00 5,001 to 9,999 gallons $ 1,300.00 Over 10,000 gallons MPCA permit required

Other Holding tank replacement only (not requiring soil testing/site review) $ 117.00 Additional soil review/inspection per hour (minimum of one hour) $ 115.00 Reissuance/renewal of an expired permit 50% of initial permit fee (Does not include application fee) Annual Operating Permit for Holding Tank(s) $ 75.00 Annual Operating Permit for Residential Systems $ 100.00 Annual Operating Permit for Commercial, Industrial, or $ 200.00 Collector Systems

Midsized Sewage Treatment Systems, or licensed establishments that are required to have an annual operating permit

Maintenance reporting $ 16.0017.00 Penalty fee for failure to obtain a permit prior to commencing $ 275.00 installation System Abandonment $ 117.00 New System Repair $ 117.00 Hook-up to midsized or large sewage treatment system $ 117.00 Compliance Inspection Dispute Resolution Inspection $ 115.00 (Fee per hour, minimum of one hour) Compliance Inspection Reporting $ 40.00

Sewage Treatment System Loan Program Origination Fee $ 46.00

Solid Waste Facility Fees Demolition Landfill Type A $1,190.001,215.00 Demolition Landfill Type B $ 250.00255.00

Implemented: February 8, 2005 Page 23 of 33 Revised: April 8, 2014 Policy #1032

Clean fill landfill $ 215.00220.00 Transfer station $ 815.00830.00 Waste processing (per 100 tons per day capacity) $ 215.00220.00 Petroleum land spread (per cubic yard) $ 2.15 Waste tire management $ 725.00740.00 Industrial waste disposal $ 1,200.001,225.00 Lime sludge land spread $ 215.00220.00 Solid waste storage $ 250.00255.00 Solid waste land spreading $ 500.00510.00 Yard waste composting $ 215.00220.00 Yard waste land spreading $ 215.00220.00 Tree waste processing $390.00400.00 Other facilities $285.00290.00 Facility plan review 50% of license fee (one time) Environmental assessments $ 60.00

Financial Assurance/Contingency Action/Closure Amounts for Solid Waste Facilities Financial assurance for contingency action or facility closure for new and renewing solid waste management facilities and activities will be considered and approved by the Department of Public Health and Environment.

Certificates of Insurance for Solid Waste Management Certificates of Insurance for solid waste management activities will be determined by the Solid Waste Management Coordinating Board and as contained in the Washington County Solid Waste Management Ordinance.

Tobacco License Fees Year-round $ 272.00 Seasonal $ 197.00

Implemented: February 8, 2005 Page 24 of 33 Revised: April 8, 2014 Policy #1032

Vaccine Fees for Individuals Not Eligible for Minnesota Vaccines for Children Program (MnVFC) – Effective 1/1/101/1/2015

Vaccine Fee Adult hepatitis A 30 Adult hepatitis B 4550 Influenza (injectable) 2530 Flu Mist 30 Measles, mumps, rubella (MMR) 55 Adult pneumococcal (PPV23) 35 Adult tetanus and diphtheria (Td) 30 Adult tetanus, diphtheria, pertussis (Tdap) 45 Tuberculin Skin Test (Mantoux)* 15 Employer Hepatitis B vaccination* 4550

These vaccines are charged at the above rates for individuals who are not eligible for the federally subsidized vaccines provided through the Minnesota Vaccines for Children (MnVFC) program. Individuals receiving vaccines under the MnVFC program cannot be charged for the vaccines; however, a donation of $12 for administrative expenses is requested.

*We will also assess an additional fee of $5 per injection when a business requests we provide shots at their site.

**Other vaccines may be given in special circumstances. The fee charged for these vaccines will be determined at that time.

Water Testing Coliform bacteria/nitrate $ 44.00 Collection fee for a certified sample $ 75.00 Other inorganic or organic tests $20.00 plus actual lab costs Licensed establishment on private water st $100 for the 1 well; $50 for each additional well Sanitary survey for licensed $50 for first well, $30 for each additional well establishments

PFC Testing $394.00 (actual lab cost $319), plus collection fee ($75.00)

VOC Testing $230.00 (actual lab cost $155), plus collection fee ($75.00)

Add 7.125% sales tax to all items sold, except copies (any type such as medical records) and no sales tax on ordinances. Add $2.00 postage and handling if mailed. Larger orders are weighed to determine postage fees.

Implemented: February 8, 2005 Page 25 of 33 Revised: April 8, 2014 Policy #1032

PUBLIC WORKS

Access Residential/Driveway $ 150.00 Street $ 500.00 Commercial $ 500.00 (All Access permits require deposit)

Color Copies 8-1/2” x 11” and 8-1/2” x 14” $0.70 per page 11” x17” $1.00 per page

County Road Map (Five or fewer, picked up) $ Free Over five (picked up) - each $ 2.00 Mailed map (customer includes postage) – each $.88 or current postage rate

Digital Digital Data $10.00 per CD

Permits Transportation single $ 25.00 annual $ 100.00 Right-of-way $25.00 to $ 100.00

Plotter Prints All sizes based on 36” roll stock $0.25 per inch

Postage and Handling $2.00 or actual cost, whichever is greater

Public Safety Official ID Card $ 5.00

Parks Division

Camping Fees Base Campsite Fee Sun, Mon. - Thurs. night $ 15.00 Base Campsite Fee Fri. – Sat.Sun. night $ 18.00 Electric (at site) 20-30 amp $ 5.00 50 amp $ 7.00

Implemented: February 8, 2005 Page 26 of 33 Revised: April 8, 2014 Policy #1032

Water (at site) $ 3.00 Septic (at site) $ 3.00

Group Campsite Sun. – Thurs. night $ 45.00 Group Campsite Fri. – Sat. night $ 50.00

Shelter (at site) $ 10.00 Reservations $ 7.00

Miscellaneous Picnic kit $ 10.00 Firewood $ 5.00 Dump station $ 10.00 Pop cooler $ 15.00 Scuba diving permits season $ 100.00 Day camp daily $ 25.00 Damage deposit $ 100.00 Commercial use permit base $ 100.00 Commercial still photography plus direct costs $ 150.00 Commercial video photography plus direct costs $ 200.00 Commercial unusual video photo plus direct costs $ 500.00

Shelter Permits Large weekday $ 125.00 Large weekends and holidays $ 300.00 Medium weekdays $ 75.00 Medium weekends and holidays $ 200.00 Small weekdays $ 40.00 Small weekends and holidays $ 50.00

St. Croix Bluffs Conference Cottage $ 200.00 Nordic Center up to 4 hours - Mon.-Thurs. and Friday until 4:00 p.m. $ 200.00 Nordic Center over 4 hours - Mon.–Thurs. and Friday until 4:00 p.m. $ 300.00 Nordic Center - Friday after 4:00 p.m. - Sun. and holidays $ 600.00

Vehicle Permits Annual permit $ 25.00 Discounted annual permit, if purchased with a full price annual permit $ 15.00 Daily permit $ 5.00

Historic Courthouse

Weekday (Monday – Thursday) Non-profitCeremony Only Private  8:00 a.m. to 4:00 p.m. $ 300 $ 500  8:00 a.m. to 1:00 a.m. $ 475 $ 750  Hourly – 8:00 a.m. to 4:00 p.m. $ 50 $ 75

Implemented: February 8, 2005 Page 27 of 33 Revised: April 8, 2014 Policy #1032

 Hourly –After 4:00 p.m. $ 80 $ 125

Friday (12:00 Noon to 1:00 a.m.) $ 800 $ 1,300

Saturday/Holiday (12:00 Noon to 1:00 a.m.) $1,0001,700 $ 1,700

Sunday (2:00 p.m. to 1:00 a.m.) $ 475 $ 750

Indoor Set-up N/A Included

Damage Deposit $ 300 $ 600

Historic Courthouse – Register of Deeds Room Weekday (Monday – Thursday)

 8:00 a.m. to 4:00 p.m. $ 60 $ 100  4:00 p.m. to midnight $ 120 $ 200

Weekend (Friday – Sunday; with courtroom rental) $ 60 $ 100

Survey and Land Management Division

Aerial Photos (black & white) 1945 or 1969 scanned aerial photo in digital format per square mile $ 10.00 1969, 1976, 1985, 1991, or 1996 per paper half section map $ 10.00

Manuals Plat manual (Washington County addendum) $ 5.00 Common Interest Community manual $ 5.00 Horizontal Control manual NAD83-with data disk $ 50.00 Historical Context Study - 1999 $ 14.08

Miscellaneous Coordinate database information per sheet $ 2.50 Survey copy (subject to copyright restrictions) per sheet $ 3.00

Washington County Land Atlas & Plat Book (current*) $ 28.00 *current plat book is government discount exempt

Parcel Line, Aerial photo and Topography Prints and Overlays Parcel lines: most current data available Topography: 2-foot contours acquired in 2000 or DNR LIDAR data acquired in 2011 Aerial photos: 1945,1969, 2000 (black & white) and 2005, 2008, 2009, 2011, 2013 (color)

Implemented: February 8, 2005 Page 28 of 33 Revised: April 8, 2014 Policy #1032

Pricing table below indicates cost of each component based on available print sizes. Total print cost is based on print size and components selected.

Print Size Parcel Lines Aerial photo Topography 11” x 17” $ 3.00 $ 7.00 $ 7.00 18” x 24” $ 6.00 $10.00 $10.00 24” x 24” $ 7.00 $12.00 $12.00 24” x 36” $10.00 $15.00 $15.00 36” x 36” $14.00 $20.00 $20.00 36” x 48” $19.00 $25.00 $25.00

Parcel Search - Surrounding Property Owners List Up to 25 parcels minimum fee $ 50.00 Additional parcels exceeding 25 per parcel $ .50 Additional hourly labor charge (after 1st hour) per hour $ 50.00 Mailing labels (30 labels per sheet) per sheet $ 1.00

All orders subject to $2.00 postage and handling fee if mailed and/or $2.00 for faxing and handling fee (includes first four sheets; $.25 per sheet thereafter). Larger orders are weighed to determine postage fees.

Plats in TownshipsPlat Commission Plat Commission Minor Subdivision Application $ 100.00 Plat Commission Major Subdivision Application base fee $ 300.00 additional fee per lot, or outlot, or tract $ 20.00

County Surveyor Review Fees – Plat, CIC, and RLS Minor Subdivision $ 0.00 Major Subdivision base fee $ 350.00 additional fee per lot, outlot, unit, or tract $ 35.00 minimum total fee per major plat, CIC, or RLS $ 525.00 Fee for each review after the third review $ 400.00

Revision Fees – Plats, CIC, and RLS base revision fee $ 150.00 additional fee per revised lot, outlot, unit, or tract $ 35.00

Plats in CitiesPlat Review County Surveyor Review Fees – Plat, CIC, and RLS base fee $ 350.00 additional fee per lot, outlot, unit, or tract $ 35.00 minimum total fee per major plat, CIC, or RLS $ 525.00 fee for each review after the third review $ 400.00

Implemented: February 8, 2005 Page 29 of 33 Revised: April 8, 2014 Policy #1032

Revision Fees – Plats, CIC, and RLS base revision fee $ 150.00 additional fee per revised lot, outlot, unit, or tract $ 35.00

Plats and Maps County or state highway R/W plat per sheet $ 5.00 Registered land survey per sheet $ 5.00 Subdivision plat per sheet $ 5.00 Section breakdown worksheet per sheet $ 5.00 U.S.G.S. quadrangle topographic map per sheet $ 5.00 City or township street map per sheet $ 20.00 City or township street map with aerial photo per sheet $ 35.00

Zoning Ordinance Manuals Floodplain $ 4.00 Lower St. Croix Bluffland $ 5.00 Mining $ 4.00 Shoreland Management $ 4.00 Subdivision $ 4.00 Zoning Regulations Development Code $ 15.00

Zoning Permits Certificate of Compliance (commercial) $ 150.00 Certificate of Compliance (residential) $ 75.00 Conditional Use $ 500.00 Conservation Easement $ 5,000.00 Grading/Land Alteration $ 125.00 Sign $ 75.00 Variance/Board of Adjustment and Appeals $ 300.00

======SPECIALIZED SURVEY AND LAND MANAGEMENT INFORMATION

Custom Mapping Special graphics/mapping project Cost for labor per hour $50.0093.00 Plotting existing document up to 24” x 36” per sheet $ 10.00

Plotting existing document larger than 24” x 36” per sheet $ 20.00 Additional charge for polygon shading per sheet $ 5.00

Digital Parcel Data (minimum charge $100) 125 parcels plus $.80 per additional parcel $ 100.00 1,000 parcels plus $.30 per additional parcel $ 800.00 5,000 parcels plus $.20 per additional parcel $ 2,000.00 10,000 parcels plus $.10 per additional parcel $ 3,000.00 20,000 parcels plus $.08 per additional parcel $ 4,000.00

Implemented: February 8, 2005 Page 30 of 33 Revised: April 8, 2014 Policy #1032

Street Centerline Data Street centerline data in digital format per municipality $ 100.00 entire county $ 1000.00

Subsequent Updates (minimum charge $100) per parcel $ .80 Update charge applies only to areas covered under original purchase

All other nonparcel specific data per megabyte of data $ 300.00 minimum charge $ 100.00

Digital Orthometric Photograph Less than 40 acres $ 40.00 40 acres $ 50.00 80 acres $ 70.00 320 acres $ 150.00 (Intermediate acreage costs are prorated based on the pricing schedule)

1 through 36 sections per section $ 200.00 37 through 72 sections per section $ 100.00 73 or more sections no additional charge Custom order: data cost, plus $5093 per hour labor

Digital Two-foot Contour Topographic Data minimum charge $ 200.00 20 acres plus $5 for each additional acre $ 200.00 40 acres plus $5 for each additional acre $ 300.00 80 acres plus $4 for each additional acre $ 500.00 320 acres plus $2 for each additional acre $ 1,400.00

1-36 sections per section $ 2,000.00 37 through 72 sections per section $ 500.00 73 or more sections no additional charge Custom order: data cost, plus $5093 per hour labor

Hard Copy Products Custom order for two-foot contour map: data cost, plus $50 per hour labor

Government Pricing Survey and Land Management Division products are available to federal, state, and local units of government and their agencies and other public agencies at a 50% discount, except products subject to a minimum charge and products that are discount exempt and digital data subject to government sharing.

Implemented: February 8, 2005 Page 31 of 33 Revised: April 8, 2014 Policy #1032

ALL DIGITAL DATA SALES MUST BE PURCHASEDOBTAINED THROUGH A LICENSE AGREEMENT AND ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE. FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE LICENSE WILL RESULT IN A TERMINATION OF THE AGREEMENT AND RETURN OF THE DATA.

SHERIFF

Background Check per person $ 5.00

CD $ 10.00

CD/DVD (copy)/Digital Squad DVD $ 20.00

Civil Mortgage Foreclosure Sales Log per sale $ 1.00 (maximum $35.00 per month)

Civil Process Conduct sale at Sheriff’s Office Lobby $ 70.00 (for each certificate of sale) Conduct sale – location other than the Sheriff’s Office Lobby $ 90.00 Deputy hourly rate – normal business hours $ 50.00 Deputy hourly rate – after business hours $ 65.00 Evictions– Lock Out $ 75.00 Handling $ 35.00 Paper service $ 65.00 Posting $ 65.00 Replevin (initial deposit) $ 150.00 Redemption fee – owner $ 250.00 Redemption – lien $ 250.00 Each notice of intent $ 100.00 Writ-bank levy $ 85.00 Writ-demand $ 85.00 Writ-wage levy $ 85.00 Writ-commission 5%

Daily Incident Activity Report (e-mail) per day $ 2.00 per month $ 50.00

Implemented: February 8, 2005 Page 32 of 33 Revised: April 8, 2014 Policy #1032

Fingerprint Cards (includes two copies) Washington County residents $ 15.00 Non-residents $ 20.00 Additional fingerprint cards per copy $ 2.00

Firearms Storage daily storage fee after fourth day $ 1.00

Jail Arrest Summary (under 10 pages no charge) per page $ .10

Jail Booking Photo $ 5.00

Liquor License Background Investigation $ 200.00 (New application and/or transfer only)

LoJack SafetyNet Personal Locater PLU) per month $ 30.00

911 Typed Transcript ($25.00 prepayment required) per hour $ 20.00

911 Voice/CD per hour $ 10.00 Research time to create CD copy per hour $ 20.00

Permit to Carry a Handgun $ 75.00

Permit to Carry a Handgun (Active Military/Retired Deputies & Officers) $ 60.00

Permit to Carry a Handgun Renewal $ 55.00

Permit to Carry a Handgun Duplicate Card $ 10.00

Permit to Carry a Handgun Late Application Fee $ 10.00

Permit to Purchase a Handgun No Charge

Photograph Reproduction $ 20.00 (plus actual cost of reproduction)

Query/Statistical Reports $ 5.00

Reports 8 1/2 x 11 Photocopy per page $ .10 (see Photocopies under “All County Departments”)

Sheriff’s Office Record Check $ 5.00

Travel and/or Adoption Letter $ 5.00

Implemented: February 8, 2005 Page 33 of 33 Revised: April 8, 2014 Policy #1032 Attachment A Fee Schedule - County Department Fees

Community Services Fees and Fee Schedules Calendar Year 2015

Index

I. Fee Policy

II. Service Eligibility

III. Child Placement Fee Schedule (Social Service Income Eligibility and Fee Schedule)

IV. Fee Policy for Stepparent Adoption Studies

V. Families in Need of Child Care

VI. Licensing Inspection Fees for Family Child Care Providers

VII. Background Check Fees for Legal Nonlicensed or Licensed Family Child Care Providers

VIII. Adult and Child Corporate Foster Care Licensing Fees

IX. Adult Services

X. Chemical Use Assessments (Rule 25)

XI. Chemical Dependency Treatment

XII. Fee Policy for Detoxification Services

XIII. Developmental Disabilities

XIV. Consumer Support Grant Administrative Fee

XV. Children’s Mental Health

XVI. Child Support I. Fee Policy Washington County Community Services utilizes a number of fee schedules for different services. Contained in this document are the major fee schedules used by Community Services. In addition, we may charge other fees determined by the state or federal governments or other entities, including managed care organizations and insurance carriers. There may be other fee schedules used by contracted vendors, which are not included in this document. Copies of the applicable fee schedules listed below are contained in this section, or are referenced by Minnesota Statute number. Washington County reserves the right to waive, reduce, or delay payment of the fee based on undue hardship or unusual circumstances. Washington County may revise existing fee schedules, or establish new fee schedules, as necessary. In addition, the County may charge a fee for providing trainings to providers, clients and/or community members. If a fee is charged, the amount will be clearly stated in the training notice or offering. The fee amount will pay for necessary presenter fees, supplies, use of facility and refreshments (if applicable), and any other reasonable costs associated with conducting the training. As noted above, the fee may be waived based on undue hardship or unusual circumstances.

II. Service Eligibility Washington County residents may be eligible for those social services as determined by their individual service plan approved by the county. Washington County reserves the right to limit services to those mandated by applicable federal and state laws to the levels budgeted and approved in the Community Services Department by the Washington County Board of Commissioners. If a shortage of funding requires a reduction in planned levels of services, necessary reductions will be based on priorities set forth in state rule and/or statute, or by the County Board of Commissioners. The Community Services Department will not use funding for children or adults for any services where medical assistance or other third-party payment is available. If the child or adult is eligible for medical assistance or other third-party payment program (i.e., private insurance), that payment source must be utilized.

III. Parental Fee Schedule (Social Service Income Eligibility and Fee Schedule) Washington County has elected to adopt the Minnesota Department of Human Services' fee schedule "Suggested Social Service Income Eligibility and Fee Schedule" for various services, including out-of-home placement services.

This fee schedule is used to determine the amount of parental fee support for children who are in 24-hour out-of-home care who are not covered under M.S. 252.27 and 256B.14 and 245.481. This fee also applies for children in "36 to 72-hour holds" and respite who are not covered under M.S. 252.27 and 256B.14 and 245.481.

This fee schedule will also be used to determine the amount of parental fee support for child(ren)/family who are being provided evaluation, assessment, treatment and other support services paid by the Community Services Department as a part of a documented case plan. If the services are covered by another approved county or state fee schedule that fee schedule will be used.

In no case will the fee charged exceed the actual cost of out-of-home care, evaluation, assessment, treatment and other support services being provided to the eligible child/family and paid by the Community Services Department. In situations where the parental annual or monthly gross income exceeds the Social Services Income Eligibility and Fee Schedule, the county reserves the right to extend the fee schedule up to the schedule's maximum monthly fee amount.

A $50 service fee may be assessed if payment has not been made timely on the account. A 4% monthly service charge may be assessed on judgment balances. %XOOHWLQ 1RYHPEHU 0,11(627$'(3$570(172)+80$16(59,&(6 68**(67('62&,$/6(59,&(6,1&20((/,*,%,/,7<$1' )((6&+('8/())<

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Percent of State Median Income Adjusted for Family Size: FAMILY OF 2 60% = $36,648 100% = $61,080 115% = $70,242

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 36,648 $0 - 3,054 $0 36,649 - 37,948 3,055 - 3,162 10 37,949 - 39,248 3,163 - 3,271 18 39,249 - 40,548 3,272 - 3,379 27 40,549 - 41,848 3,380 - 3,487 38 41,849 - 43,148 3,488 - 3,596 52 43,149 - 44,448 3,597 - 3,704 68 44,449 - 45,748 3,705 - 3,812 85 45,749 - 47,048 3,813 - 3,921 105 47,049 - 48,348 3,922 - 4,029 127 48,349 - 49,648 4,030 - 4,137 151 49,649 - 50,948 4,138 - 4,246 177 50,949 - 52,248 4,247 - 4,354 205 52,249 - 53,548 4,355 - 4,462 235 53,549 - 54,848 4,463 - 4,571 267 54,849 - 56,148 4,572 - 4,679 302 56,149 - 57,448 4,680 - 4,787 338 57,449 - 58,748 4,788 - 4,896 376 58,749 - 60,048 4,897 - 5,004 417 60,049 - 61,348 5,005 - 5,112 460 61,349 - 62,648 5,113 - 5,221 504 62,649 - 63,948 5,222 - 5,329 551 63,949 - 65,248 5,330 - 5,437 600 65,249 - 66,548 5,438 - 5,546 651 66,549 - 67,848 5,547 - 5,654 704 67,849 - 69,148 5,655 - 5,762 759 69,149 - 70,242 5,655 - 5,854 816

0LQQHVRWD'HSDUWPHQWRI+XPDQ6HUYLFHVā32%R[ā6W3DXO01 %XOOHWLQ 1RYHPEHU Percent of State Median Income Adjusted for Family Size: FAMILY OF 3 60% = $45,271 100% = $75,452 115% = $86,770

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 45,271 $0 - 3,773 $0 45,272 - 46,571 3,774 - 3,881 10 46,572 - 47,871 3,882 - 3,989 18 47,872 - 49,171 3,990 - 4,098 27 49,172 - 50,471 4,099 - 4,206 38 50,472 - 51,771 4,207 - 4,314 52 51,772 - 53,071 4,315 - 4,423 68 53,072 - 54,371 4,424 - 4,531 85 54,372 - 55,671 4,532 - 4,639 105 55,672 - 56,971 4,640 - 4,748 127 56,972 - 58,271 4,749 - 4,856 151 58,272 - 59,571 4,857 - 4,964 177 59,572 - 60,871 4,965 - 5,073 205 60,872 - 62,171 5,074 - 5,181 235 62,172 - 63,471 5,182 - 5,289 267 63,472 - 64,771 5,290 - 5,398 302 64,772 - 66,071 5,399 - 5,506 338 66,072 - 67,371 5,507 - 5,614 376 67,372 - 68,671 5,615 - 5,723 417 68,672 - 69,971 5,724 - 5,831 460 69,972 - 71,271 5,832 - 5,939 504 71,272 - 72,571 5,940 - 6,048 551 72,572 - 73,871 6,049 - 6,156 600 73,872 - 75,171 6,157 - 6,264 651 75,172 - 76,471 6,265 - 6,373 704 76,472 - 77,771 6,374 - 6,481 759 77,772 - 79,071 6,482 - 6,589 816 79,072 - 80,371 6,590 - 6,698 876 80,372 - 81,671 6,699 - 6,806 937 81,672 - 82,971 6,807 - 6,914 1,000 82,972 - 84,271 6,915 - 7,023 1,066 84,272 - 85,571 7,024 - 7,131 1,134 85,572 86,770 7,132 7,231 1,203

0LQQHVRWD'HSDUWPHQWRI+XPDQ6HUYLFHVā32%R[ā6W3DXO01 %XOOHWLQ 1RYHPEHU Percent of State Median Income Adjusted for Family Size: FAMILY OF 4 60% = $53,894 100% = $89,824 115% = $103,298

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 53,894 $0 - 4,491 $0 53,895 - 55,194 4,492 - 4,600 10 55,195 - 56,494 4,601 - 4,708 18 56,495 - 57,794 4,709 - 4,816 27 57,795 - 59,094 4,817 - 4,925 38 59,095 - 60,394 4,926 - 5,033 52 60,395 - 61,694 5,034 - 5,141 68 61,695 - 62,994 5,142 - 5,250 85 62,995 - 64,294 5,251 - 5,358 105 64,295 - 65,594 5,359 - 5,466 127 65,595 - 66,894 5,467 - 5,575 151 66,895 - 68,194 5,576 - 5,683 177 68,195 - 69,494 5,684 - 5,791 205 69,495 - 70,794 5,792 - 5,900 235 70,795 - 72,094 5,901 - 6,008 267 72,095 - 73,394 6,009 - 6,116 302 73,395 - 74,694 6,117 - 6,225 338 74,695 - 75,994 6,226 - 6,333 376 75,995 - 77,294 6,334 - 6,441 417 77,295 - 78,594 6,442 - 6,550 460 78,595 - 79,894 6,551 - 6,658 504 79,895 - 81,194 6,659 - 6,766 551 81,195 - 82,494 6,767 - 6,875 600 82,495 - 83,794 6,876 - 6,983 651 83,795 - 85,094 6,984 - 7,091 704 85,095 - 86,394 7,092 - 7,200 759 86,395 - 87,694 7,201 - 7,308 816 87,695 - 88,994 7,309 - 7,416 876 88,995 - 90,294 7,417 - 7,525 937 90,295 - 91,594 7,526 - 7,633 1,000 91,595 - 92,894 7,634 - 7,741 1,066 92,895 - 94,194 7,742 - 7,850 1,134 94,195 - 95,494 7,851 - 7,958 1,203 95,495 - 96,794 7,959 - 8,066 1,275 96,795 - 98,094 8,067 - 8,175 1,349 98,095 - 99,394 8,176 - 8,283 1,425 99,395 - 100,694 8,284 - 8,391 1,503 100,695 - 103,298 8,392 - 8,608 1,583

0LQQHVRWD'HSDUWPHQWRI+XPDQ6HUYLFHVā32%R[ā6W3DXO01 %XOOHWLQ 1RYHPEHU Percent of State Median Income Adjusted for Family Size: FAMILY OF 5 60% = $62,518 100% = $104,196 115% = $119,825

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 62,518 $0 - 5,210 $0 62,519 - 63,818 5,211 - 5,318 10 63,819 - 65,118 5,319 - 5,426 18 65,119 - 66,418 5,427 - 5,535 27 66,419 - 67,718 5,536 - 5,643 38 67,719 - 69,018 5,644 - 5,751 52 69,019 - 70,318 5,752 - 5,860 68 70,319 - 71,618 5,861 - 5,968 85 71,619 - 72,918 5,969 - 6,076 105 72,919 - 74,218 6,077 - 6,185 127 74,219 - 75,518 6,186 - 6,293 151 75,519 - 76,818 6,294 - 6,401 177 76,819 - 78,118 6,402 - 6,510 205 78,119 - 79,418 6,511 - 6,618 235 79,419 - 80,718 6,619 - 6,726 267 80,719 - 82,018 6,727 - 6,835 302 82,019 - 83,318 6,836 - 6,943 338 83,319 - 84,618 6,944 - 7,051 376 84,619 - 85,918 7,052 - 7,160 417 85,919 - 87,218 7,161 - 7,268 460 87,219 - 88,518 7,269 - 7,376 504 88,519 - 89,818 7,377 - 7,485 551 89,819 - 91,118 7,486 - 7,593 600 91,119 - 92,418 7,594 - 7,701 651 92,419 - 93,718 7,702 - 7,810 704 93,719 - 95,018 7,811 - 7,918 759 95,019 - 96,318 7,919 - 8,026 816 96,319 - 97,618 8,027 - 8,135 876 97,619 - 98,918 8,136 - 8,243 937 98,919 - 100,218 8,244 - 8,351 1,000 100,219 - 101,518 8,352 - 8,460 1,066 101,519 - 102,818 8,461 - 8,568 1,134 102,819 - 104,118 8,569 - 8,676 1,203 104,119 - 105,418 8,677 - 8,785 1,275 105,419 - 106,718 8,786 - 8,893 1,349 106,719 - 108,018 8,894 - 9,001 1,425 108,019 - 109,318 9,002 - 9,110 1,503 109,319 - 110,618 9,111 - 9,218 1,583 110,619 - 111,918 9,219 - 9,326 1,665 111,919 - 113,218 9,327 - 9,435 1,749 113,219 - 114,518 9,436 - 9,543 1,836 114,519 - 115,818 9,544 - 9,651 1,924 115,819 - 117,118 9,652 - 9,760 2,014 117,119 - 119,825 9,761 - 9,985 2,107

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Percent of State Median Income Adjusted for Family Size: FAMILY OF 6 60% = $71,141 100% = $118,568 115% = $136,353

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 71,141 $0 - 5,928 $0 71,142 - 72,441 5,929 - 6,037 10 72,442 - 73,741 6,038 - 6,145 18 73,742 - 75,041 6,146 - 6,253 27 75,042 - 76,341 6,254 - 6,362 38 76,342 - 77,641 6,363 - 6,470 52 77,642 - 78,941 6,471 - 6,578 68 78,942 - 80,241 6,579 - 6,687 85 80,242 - 81,541 6,688 - 6,795 105 81,542 - 82,841 6,796 - 6,903 127 82,842 - 84,141 6,904 - 7,012 151 84,142 - 85,441 7,013 - 7,120 177 85,442 - 86,741 7,121 - 7,228 205 86,742 - 88,041 7,229 - 7,337 235 88,042 - 89,341 7,338 - 7,445 267 89,342 - 90,641 7,446 - 7,553 302 90,642 - 91,941 7,554 - 7,662 338 91,942 - 93,241 7,663 - 7,770 376 93,242 - 94,541 7,771 - 7,878 417 94,542 - 95,841 7,879 - 7,987 460 95,842 - 97,141 7,988 - 8,095 504 97,142 - 98,441 8,096 - 8,203 551 98,442 - 99,741 8,204 - 8,312 600 99,742 - 101,041 8,313 - 8,420 651 101,042 - 102,341 8,421 - 8,528 704 102,342 - 103,641 8,529 - 8,637 759 103,642 - 104,941 8,638 - 8,745 816 104,942 - 106,241 8,746 - 8,853 876 106,242 - 107,541 8,854 - 8,962 937 107,542 - 108,841 8,963 - 9,070 1,000 108,842 - 110,141 9,071 - 9,178 1,066 110,142 - 111,441 9,179 - 9,287 1,134 111,442 - 112,741 9,288 - 9,395 1,203 112,742 - 114,041 9,396 - 9,503 1,275 114,042 - 115,341 9,504 - 9,612 1,349 115,342 - 116,641 9,613 - 9,720 1,425 116,642 - 117,941 9,721 - 9,828 1,503 117,942 - 119,241 9,829 - 9,937 1,583 119,242 - 120,541 9,938 - 10,045 1,665 120,542 - 121,841 10,046 - 10,153 1,749 121,842 - 123,141 10,154 - 10,262 1,836 123,142 - 124,441 10,263 - 10,370 1,924 124,442 - 125,741 10,371 - 10,478 2,014 125,742 - 127,041 10,479 - 10,587 2,107 127,042 - 128,341 10,588 - 10,695 2,202 128,342 - 129,641 10,696 - 10,803 2,298 129,642 - 130,941 10,804 - 10,912 2,397 130,942 - 132,241 10,913 - 11,020 2,498 132,242 - 133,541 11,021 - 11,128 2,601 133,542 136,353 11,129 11,363 2,706

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Percent of State Median Income Adjusted for Family Size: FAMILY OF 7 60% = $72,757 100% = $121,262 115% = $139,452

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 72,757 $0 - 6,063 $0 72,758 - 74,057 6,064 - 6,171 10 74,058 - 75,357 6,172 - 6,280 18 75,358 - 76,657 6,281 - 6,388 27 76,658 - 77,957 6,389 - 6,496 38 77,958 - 79,257 6,497 - 6,605 52 79,258 - 80,557 6,606 - 6,713 68 80,558 - 81,857 6,714 - 6,821 85 81,858 - 83,157 6,822 - 6,930 105 83,158 - 84,457 6,931 - 7,038 127 84,458 - 85,757 7,039 - 7,146 151 85,758 - 87,057 7,147 - 7,255 177 87,058 - 88,357 7,256 - 7,363 205 88,358 - 89,657 7,364 - 7,471 235 89,658 - 90,957 7,472 - 7,580 267 90,958 - 92,257 7,581 - 7,688 302 92,258 - 93,557 7,689 - 7,796 338 93,558 - 94,857 7,797 - 7,905 376 94,858 - 96,157 7,906 - 8,013 417 96,158 - 97,457 8,014 - 8,121 460 97,458 - 98,757 8,122 - 8,230 504 98,758 - 100,057 8,231 - 8,338 551 100,058 - 101,357 8,339 - 8,446 600 101,358 - 102,657 8,447 - 8,555 651 102,658 - 103,957 8,556 - 8,663 704 103,958 - 105,257 8,664 - 8,771 759 105,258 - 106,557 8,772 - 8,880 816 106,558 - 107,857 8,881 - 8,988 876 107,858 - 109,157 8,989 - 9,096 937 109,158 - 110,457 9,097 - 9,205 1,000 110,458 - 111,757 9,206 - 9,313 1,066 111,758 - 113,057 9,314 - 9,421 1,134 113,058 - 114,357 9,422 - 9,530 1,203 114,358 - 115,657 9,531 - 9,638 1,275 115,658 - 116,957 9,639 - 9,746 1,349 116,958 - 118,257 9,747 - 9,855 1,425 118,258 - 119,557 9,856 - 9,963 1,503 119,558 - 120,857 9,964 - 10,071 1,583 120,858 - 122,157 10,072 - 10,180 1,665 122,158 - 123,457 10,181 - 10,288 1,749 123,458 - 124,757 10,289 - 10,396 1,836 124,758 - 126,057 10,397 - 10,505 1,924 126,058 - 127,357 10,506 - 10,613 2,014 127,358 - 128,657 10,614 - 10,721 2,107 128,658 - 129,957 10,722 - 10,830 2,202 129,958 - 131,257 10,831 - 10,938 2,298 131,258 - 132,557 10,939 - 11,046 2,397 132,558 - 133,857 11,047 - 11,155 2,498 133,858 - 135,157 11,156 - 11,263 2,601 135,158 - 136,457 11,264 - 11,371 2,706 136,458 - 139,452 11,372 - 11,621 2,813

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Percent of State Median Income Adjusted for Family Size: FAMILY OF 8 60% = $74,374 100% = $123,957 115% = $142,551

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 74,374 $0 - 6,198 $0 74,375 - 75,674 6,199 - 6,306 10 75,675 - 76,974 6,307 - 6,415 18 76,975 - 78,274 6,416 - 6,523 27 78,275 - 79,574 6,524 - 6,631 38 79,575 - 80,874 6,632 - 6,740 52 80,875 - 82,174 6,741 - 6,848 68 82,175 - 83,474 6,849 - 6,956 85 83,475 - 84,774 6,957 - 7,065 105 84,775 - 86,074 7,066 - 7,173 127 86,075 - 87,374 7,174 - 7,281 151 87,375 - 88,674 7,282 - 7,390 177 88,675 - 89,974 7,391 - 7,498 205 89,975 - 91,274 7,499 - 7,606 235 91,275 - 92,574 7,607 - 7,715 267 92,575 - 93,874 7,716 - 7,823 302 93,875 - 95,174 7,824 - 7,931 338 95,175 - 96,474 7,932 - 8,040 376 96,475 - 97,774 8,041 - 8,148 417 97,775 - 99,074 8,149 - 8,256 460 99,075 - 100,374 8,257 - 8,365 504 100,375 - 101,674 8,366 - 8,473 551 101,675 - 102,974 8,474 - 8,581 600 102,975 - 104,274 8,582 - 8,690 651 104,275 - 105,574 8,691 - 8,798 704 105,575 - 106,874 8,799 - 8,906 759 106,875 - 108,174 8,907 - 9,015 816 108,175 - 109,474 9,016 - 9,123 876 109,475 - 110,774 9,124 - 9,231 937 110,775 - 112,074 9,232 - 9,340 1,000 112,075 - 113,374 9,341 - 9,448 1,066 113,375 - 114,674 9,449 - 9,556 1,134 114,675 - 115,974 9,557 - 9,665 1,203 115,975 - 117,274 9,666 - 9,773 1,275 117,275 - 118,574 9,774 - 9,881 1,349 118,575 - 119,874 9,882 - 9,990 1,425 119,875 - 121,174 9,991 - 10,098 1,503 121,175 - 122,474 10,099 - 10,206 1,583 122,475 - 123,774 10,207 - 10,315 1,665 123,775 - 125,074 10,316 - 10,423 1,749 125,075 - 126,374 10,424 - 10,531 1,836 126,375 - 127,674 10,532 - 10,640 1,924 127,675 - 128,974 10,641 - 10,748 2,014 128,975 - 130,274 10,749 - 10,856 2,107 130,275 - 131,574 10,857 - 10,965 2,202 131,575 - 132,874 10,966 - 11,073 2,298 132,875 - 134,174 11,074 - 11,181 2,397 134,175 - 135,474 11,182 - 11,290 2,498 135,475 - 136,774 11,291 - 11,398 2,601 136,775 - 138,074 11,399 - 11,506 2,706 138,075 - 139,374 11,507 - 11,615 2,813 139,375 - 142,551 11,616 - 11,879 2,922

0LQQHVRWD'HSDUWPHQWRI+XPDQ6HUYLFHVā32%R[ā6W3DXO01 %XOOHWLQ 1RYHPEHU Percent of State Median Income Adjusted for Family Size: FAMILY OF 9 60% = $75,991 100% = $126,652 115% = $145,650

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 75,991 $0 - 6,333 $0 75,992 - 77,291 6,334 - 6,441 10 77,292 - 78,591 6,442 - 6,549 18 78,592 - 79,891 6,550 - 6,658 27 79,892 - 81,191 6,659 - 6,766 38 81,192 - 82,491 6,767 - 6,874 52 82,492 - 83,791 6,875 - 6,983 68 83,792 - 85,091 6,984 - 7,091 85 85,092 - 86,391 7,092 - 7,199 105 86,392 - 87,691 7,200 - 7,308 127 87,692 - 88,991 7,309 - 7,416 151 88,992 - 90,291 7,417 - 7,524 177 90,292 - 91,591 7,525 - 7,633 205 91,592 - 92,891 7,634 - 7,741 235 92,892 - 94,191 7,742 - 7,849 267 94,192 - 95,491 7,850 - 7,958 302 95,492 - 96,791 7,959 - 8,066 338 96,792 - 98,091 8,067 - 8,174 376 98,092 - 99,391 8,175 - 8,283 417 99,392 - 100,691 8,284 - 8,391 460 100,692 - 101,991 8,392 - 8,499 504 101,992 - 103,291 8,500 - 8,608 551 103,292 - 104,591 8,609 - 8,716 600 104,592 - 105,891 8,717 - 8,824 651 105,892 - 107,191 8,825 - 8,933 704 107,192 - 108,491 8,934 - 9,041 759 108,492 - 109,791 9,042 - 9,149 816 109,792 - 111,091 9,150 - 9,258 876 111,092 - 112,391 9,259 - 9,366 937 112,392 - 113,691 9,367 - 9,474 1,000 113,692 - 114,991 9,475 - 9,583 1,066 114,992 - 116,291 9,584 - 9,691 1,134 116,292 - 117,591 9,692 - 9,799 1,203 117,592 - 118,891 9,800 - 9,908 1,275 118,892 - 120,191 9,909 - 10,016 1,349 120,192 - 121,491 10,017 - 10,124 1,425 121,492 - 122,791 10,125 - 10,233 1,503 122,792 - 124,091 10,234 - 10,341 1,583 124,092 - 125,391 10,342 - 10,449 1,665 125,392 - 126,691 10,450 - 10,558 1,749 126,692 - 127,991 10,559 - 10,666 1,836 127,992 - 129,291 10,667 - 10,774 1,924 129,292 - 130,591 10,775 - 10,883 2,014 130,592 - 131,891 10,884 - 10,991 2,107 131,892 - 133,191 10,992 - 11,099 2,202 133,192 - 134,491 11,100 - 11,208 2,298 134,492 - 135,791 11,209 - 11,316 2,397 135,792 - 137,091 11,317 - 11,424 2,498 137,092 - 138,391 11,425 - 11,533 2,601 138,392 - 139,691 11,534 - 11,641 2,706 139,692 - 140,991 11,642 - 11,749 2,813 140,992 - 142,291 11,750 - 11,858 2,922 142,292 - 143,591 11,859 - 11,966 3,034 143,592 - 145,650 11,967 - 12,137 3,147

0LQQHVRWD'HSDUWPHQWRI+XPDQ6HUYLFHVā32%R[ā6W3DXO01 %XOOHWLQ 1RYHPEHU

Percent of State Median Income Adjusted for Family Size: FAMILY OF 10 60% = $77,608 100% = $129,347 115% = $148,749

ANNUAL GROSS MONTHLY GROSS MONTHLY FEE $0 - 77,608 $0 - 6,467 $0 77,609 - 78,908 6,468 - 6,576 10 78,909 - 80,208 6,577 - 6,684 18 80,209 - 81,508 6,685 - 6,792 27 81,509 - 82,808 6,793 - 6,901 38 82,809 - 84,108 6,902 - 7,009 52 84,109 - 85,408 7,010 - 7,117 68 85,409 - 86,708 7,118 - 7,226 85 86,709 - 88,008 7,227 - 7,334 105 88,009 - 89,308 7,335 - 7,442 127 89,309 - 90,608 7,443 - 7,551 151 90,609 - 91,908 7,552 - 7,659 177 91,909 - 93,208 7,660 - 7,767 205 93,209 - 94,508 7,768 - 7,876 235 94,509 - 95,808 7,877 - 7,984 267 95,809 - 97,108 7,985 - 8,092 302 97,109 - 98,408 8,093 - 8,201 338 98,409 - 99,708 8,202 - 8,309 376 99,709 - 101,008 8,310 - 8,417 417 101,009 - 102,308 8,418 - 8,526 460 102,309 - 103,608 8,527 - 8,634 504 103,609 - 104,908 8,635 - 8,742 551 104,909 - 106,208 8,743 - 8,851 600 106,209 - 107,508 8,852 - 8,959 651 107,509 - 108,808 8,960 - 9,067 704 108,809 - 110,108 9,068 - 9,176 759 110,109 - 111,408 9,177 - 9,284 816 111,409 - 112,708 9,285 - 9,392 876 112,709 - 114,008 9,393 - 9,501 937 114,009 - 115,308 9,502 - 9,609 1,000 115,309 - 116,608 9,610 - 9,717 1,066 116,609 - 117,908 9,718 - 9,826 1,134 117,909 - 119,208 9,827 - 9,934 1,203 119,209 - 120,508 9,935 - 10,042 1,275 120,509 - 121,808 10,043 - 10,151 1,349 121,809 - 123,108 10,152 - 10,259 1,425 123,109 - 124,408 10,260 - 10,367 1,503 124,409 - 125,708 10,368 - 10,476 1,583 125,709 - 127,008 10,477 - 10,584 1,665 127,009 - 128,308 10,585 - 10,692 1,749 128,309 - 129,608 10,693 - 10,801 1,836 129,609 - 130,908 10,802 - 10,909 1,924 130,909 - 132,208 10,910 - 11,017 2,014 132,209 - 133,508 11,018 - 11,126 2,107 133,509 - 134,808 11,127 - 11,234 2,202 134,809 - 136,108 11,235 - 11,342 2,298 136,109 - 137,408 11,343 - 11,451 2,397 137,409 - 138,708 11,452 - 11,559 2,498 138,709 - 140,008 11,560 - 11,667 2,601 140,009 - 141,308 11,668 - 11,776 2,706 141,309 - 142,608 11,777 - 11,884 2,813 142,609 - 143,908 11,885 - 11,992 2,922 143,909 - 145,208 11,993 - 12,101 3,034 145,209 - 146,508 12,102 - 12,209 3,147 146,509 - 148,749 12,210 - 12,396 3,262

0LQQHVRWD'HSDUWPHQWRI+XPDQ6HUYLFHVā32%R[ā6W3DXO01 IV. Fee Policy for Stepparent Adoption Studies Families will be charged a sliding fee assessed according to the family size and the family’s gross income (including the stepparent whose adoption is to be finalized) up to a maximum fee of $400. The Social Services Fee Schedule will be used to make this determination of a one-time payment. Billing will be done at the completion of the stepparent adoption study.

V. Families in Need of Child Care Basic Sliding Fee Child Care Income and Eligibility and Fee Schedule (State Fee Schedules) below or as updated by the Department of Human Services.

VI. Licensing Inspection Fees for Family Child Care Providers (M.S. 245A.10) $50 at time of application $50 for one year re-license $100 for two year re-license

VII. Background Check Fees for Legal, Nonlicensed or Licensed Family Child Care Providers (M.S. 245A.10) $100 at time of application and re-licensing.

VIII. Adult and Child Corporate Foster Care Licensing Fees (M.S. 245A.10) $500 at the time of initial licensing to cover the cost of licensing inspections $500 at the time of relicensing to cover the cost of licensing inspections

IX. Adult Services Guardianship/Conservator Fees: Not to exceed $55 per hour for contracted agencies or not to exceed $40 per hour for individuals without a formal contract; not to exceed three hours per month unless prior approval granted by County for unusual circumstances.

Alternative Care (AC) Fee Schedule (State Fee Schedule) Clients participating in the AC program are assessed a monthly fee to contribute to the state’s costs for the program’s services.

Client fees are assessed based on the client’s AC adjusted income or their gross assets, and are determined based on a corresponding percentage of the fee schedule. The fee is calculated by applying the percentage to the average monthly cost of AC services, including case management costs.

AC Adjusted Income Gross Assets Monthly Fee Charge Less than 100% FPG ($958), and Less than $10,000 No monthly fee Equal to or greater than 100% FPG, but less than Less than $10,000 5 percent 150%, FPG ($1,437), and Equal to or greater than 150% FPG, but less than Less than $10,000 15 percent 200%, FPG ($1,915), and Equal to or greater than 200% FPG ($1,915) OR Equal to or greater 30 percent than $10,000 X. Chemical Use Assessments (Rule 25) The County shall provide assessment services at no cost to the recipient for all eligible clients from the county or a contracted vendor as established in Tier 1 of the CCDTF SFY 2015 Eligibility Determination document below. All other recipients will be provided a list of vendors who will charge a fee for the assessment service. The fee will be based on the vendor’s fee schedule.

XI. Chemical Dependency Treatment Client eligibility and fee schedules are governed by the Consolidated Chemical Dependency Fund (CCDTF) – Rule Part 9530.7015 (state fee schedule below, or as updated by the MN Department of Human Services). CCDTF SFY 2015 ELIGIBILITY DETERMINATION as of 7/1/2014

With implementation of the Affordable Care Act, there are also changes to Consolidated Chemical Dependency Treatment Fund (CCDTF) eligibility. Use the following information to determine client eligibility for the CCDTF beginning 1/1/2014 as per changes to Minnesota Statutes, section 254B.04 Subdivision 1 – Eligibility – Clients are entitled to have chemical dependency services paid for by the CCDTF, if the client: 1. Is eligible for, or enrolled in MA, MSA, or SSI OR 2. Meets the following household size (HHS) and household income (HHI) limitation

MA Parents, Caretaker Relative, MA Children – Age 2-18 MA Pregnant Women children Age 19-20, Adults without Children 133% FPG 275% FPG 278% FPG HHS Annual HHI HHS Annual HHI HHS Annual HHI 1 $15,521 1 $32,092 1 N/A 2 $20,920 2 $43,257 2 $44,515 3 $26,320 3 $54,422 3 $56,005 4 $31,720 4 $65,587 4 $67,495 5 $37,120 5 $76,752 5 $78,985 6 $42,520 6 $87,917 6 $90,475 7 $47,919 7 $99,082 7 $101,964 8 $53,319 8 $110,247 8 $113,454 Add’l $ 5,399 Add’l $ 11,165 Add’l $ 11,489

No Asset Test No Asset Test No Asset Test

CPA – Box #42 – Reserve Fund Eligibility – Enter “E” if the local agency has determined that the client meets CCDTF entitlement standards above Box #44 – County Pay 100% - Enter “Y” if the county wants to use county funds to pay for the entire placement for an individual who does not meet these standards. No state funds are available to pay for treatment for persons who do not meet these standards. Counties may place CCDTF ineligible clients only if the county enters an “O” in Box # 43, and “Y” in Box #44, agreeing to pay 100% of the placement costs. DHS will then bill the county 100% of the placement costs. Enter “N” in Box #44 if the client is CCDTF eligible and the county does not want to pay 100% of the placement costs.

Client CCDTF Eligibility/Commercial Insurance and PMAP/MinnesotaCare Enrollment As of the date of the Rule 25 assessment, determine the client’s CCDTF eligibility, including presence of a third party liability (TPL – commercial insurance). CCDTF eligible clients who have TPL paying less than 100% of the recommended treatment costs continue to be CCDTF eligible. Enter the information into an MMIS Service Agreement and into the corresponding TPL subsystem. The CCDTF provider will first bill the TPL source and submit denials and record of payment to DHS. The most the CCDTF will pay is the difference between the amount received from the TPL and the CCDTF authorized amount for dates of service provided.

Use MMIS or MN-ITS to determine if the client is enrolled in a Minnesota Pre-paid Health Plan, State contracted managed care organizations (MCO’s) are responsible for all CD treatment services for current enrollees. Counties providing assessment services for MCO enrolled clients must coordinate placement with the MCO. While MCO’s are not required to make placements at an IMD, the MCO is responsible for providing appropriate treatment services. As of the first of each month, CD treatment providers are responsible for determining the current status and changes in the enrollment status of admitted clients and for contacting the new placing authority in a timely manner. Hospital based inpatient service providers are no longer an exception to this procedure.

DHS will bill counties 100% of treatment costs for clients who do not meet clinical and/ or financial eligibility NOTES FOR DETERMINING CCDTF ELIGIBLITY

INCOME IS: Please see Minnesota Rules, Part 9530.7000, Subpart 13 for specifics x The amount received, reported, and verified as current income as of the date of assessment. x Calculated prospectively to cover one year. x Calculated for the household, as defined below, but does not include income of minors, unless the minor is seeking services under MS, Section 144.343 and 144.347, and then only the income of the minor is included.

INCOME INCLUDES: x Cash wages or salaries x Cash from self-employment (net after allowable IRS deductions) x REGULAR payments from the following sources: x Social Security/Social Security Disability x Military Family Allotments x Railroad Retirement x Private or Government Pensions x Unemployment Compensation x Insurance x SSI, GA, SSI Disability x Annuities x Union Funds x Interest (when regularly used/withdrawn from x Veterans’ Benefits savings account) x Alimony (when it’s received) x Rent x Child Support (when it’s received) x Royalties

INCOME DOES NOT INCLUDE: x Gifts x Alimony (when court-ordered to be paid) x Tax refunds x Health insurance payments (when court-ordered to x Inheritances be paid) x Capital gains x Savings accounts x Non-cash benefits x Court ordered child support (when being paid) is a x Compensation for injury (ie., worker’s deduction from the client’s household income compensation) x Amounts related to the Cobell Settlement x Cash assets drawn down or withdrawn from a bank x Earnings or profits from the sale of a house, car, etc.

HOUSEHOLD SIZE:

If the Client is: Then the household size includes the following persons living in the same dwelling unit:*

Adult x Client x Client’s spouse x Client’s minor-aged children x Client’s spouse’s minor-aged children

Minor Child x Client x Client’s parents (birth or adoptive) x Client’s minor-aged siblings

*Household size also includes a person listed above who is in out-of-home placements, if one of the persons listed above is contributing to the cost of care of that person in out-of-home placement.

HOUSEHOLD SIZE DOES NOT INCLUDE: x Persons who have no legal relationship to the client x Unmarried partners x Step-parents, unless the minor child is adopted XII. Fee Policy for Detoxification Services Washington County contracts with private providers for detoxification services. Individual detoxification providers may attempt to collect from third-party insurance, individuals, or families in lieu of billing the county. The county may bill individuals, families, or third-party insurance if the individual detoxification center is unsuccessful at collecting the entire charge. The County is assessed a daily fee for detoxification services. The client is responsible for the full cost of the services; however, the client may request a fee determination to determine if the client qualifies for a reduced fee. To complete the fee determination the client must provide proof of income and family size. The Detox Fee Schedule below may be used to determine what percentage of the daily fee an individual client may be assessed by the county. This determination is valid for 1 year from the date of the determination for any detoxification services provided. It is the client’s responsibility to report any changes that would affect the fee determined.

A $50 service fee may be assessed if payment has not been made timely on the account. A 4% monthly service charge may be assessed on judgment balances. 2014 Detox Fee Schedule

Household Size Household Size Family Income 14Family Income 11,670 0 11,670 0 0 23,850 0 2,552 11,671 14,223 25.00% 23,851 29,067 25.00% 2,552 14,224 16,776 35.00% 29,068 34,284 35.00% 2,552 16,777 19,328 45.00% 34,285 39,502 45.00% 2,552 19,329 21,881 55.00% 39,503 44,719 55.00% 2,552 21,882 24,434 65.00% 44,720 49,936 65.00% 2,552 24,435 26,987 75.00% 49,937 55,153 75.00% 2,552 26,988 29,540 85.00% 55,154 60,370 85.00% 2,552 29,541 32,093 95.00% 60,371 65,588 95.00% 30,718 + 100.00% 65,588 + 100.00%

Household Size Household Size Family Income 2 Family Income 5 15,730 0 15,730 0 0 27,910 0 3,440 15,731 19,171 25.00% 27,911 34,015 25.00% 3,440 19,172 22,612 35.00% 34,016 40,121 35.00% 3,440 22,613 26,053 45.00% 40,122 46,226 45.00% 3,440 26,054 29,494 55.00% 46,227 52,331 55.00% 3,440 29,495 32,935 65.00% 52,332 58,437 65.00% 3,440 32,936 36,376 75.00% 58,438 64,542 75.00% 3,440 36,377 39,817 85.00% 64,543 70,647 85.00% 3,440 39,818 43,258 95.00% 70,648 76,753 95.00% 43,258 + 100.00% 76,753 + 100.00%

Household Size Household Size Family Income 3 Family Income 6 19,790 0 19,790 0 0 31,970 0 4,328 19,791 24,119 25.00% 31,971 38,963 25.00% 4,328 24,120 28,448 35.00% 38,964 45,957 35.00% 4,328 28,449 32,777 45.00% 45,958 52,950 45.00% 4,328 32,778 37,106 55.00% 52,951 59,944 55.00% 4,328 37,107 41,435 65.00% 59,945 66,937 65.00% 4,328 41,436 45,764 75.00% 66,938 73,931 75.00% 4,328 45,765 50,093 85.00% 73,932 80,924 85.00% 4,328 50,094 54,423 95.00% 80,925 87,918 95.00% 54,423 + 100.00% 87,918 + 100.00%

*For family units with more than 6 members, add $4060.00 income to Federal Poverty Level for each additional member *A graduated percentage fee applies to persons with income above Federal Poverty Level *Full fee is charged when family income is approximately 275% of Federal Poverty Level *NO CHARGE FOR PATIENTS ON MFIP, DWP, GA AND MSA *THE FEE WILL NOT EXCEED THE COST OF THE SERVICE *A $50.00 fee may be applied to delinquent accounts XIII. Developmental Disabilities Services provided that are eligible under TEFRA and the MR/RC Home and Community Based Waiver for children are governed under M.S. 252.27 and 256B.14 (State Parental Fee Schedule for families of children with developmental disabilities – See Medical Assistance (MA) Parental Fees (DHS 2977) below).

XIV. Consumer Support Grant Admin Fee 5% of Grant Allocation will be retained by the county for administrative expenses, as allowed in M.S. 256.476 Sub.5e (Consumer Support Program).

XV. Children’s Mental Health M.S. 252.27 and 256B.14 and 245.481 - State Parental Fee Schedule for families of children with severe emotional disturbances in out of home placement and respite. – (See Medical Assistance (MA) Parental Fees (DHS 2977) below).

XVI. Child Support Enforcement

Each applicant pays a $25 application fee when requesting child support services from the county agency. If the applicant receives public assistance, the fee is not required.

If the county provides full child support services to an applicant, the applicant will be charged a cost recovery fee of 2 percent of the amount of child support and spousal maintenance collected. This cost recovery fee does not apply to persons receiving public assistance or who received some forms of public assistance within the 24 months prior to getting support enforcement services. Minn. Stat. § 518A.51. If an applicant for full child support services does not wish to pay the 2 percent fee, that person may apply for income withholding-only services. Minn. Stat. § 518A.53, subd. 4.

If an applicant prefers to have only income withholding services, instead of full child support services, that person may apply for income withholding-only services. A monthly fee of $15 is charged to the obligor for this service. Minn. Stat.§ 518A.53, subd. 4.

In addition, in cases where neither the obligee or obligor has ever received public assistance, the county must assess an annual $25 fee when at least $500 of support has been collected. Minn. Stat. § 518A.51.

If a parent is in arrears in child support, the County can certify to take their state and federal income tax refunds to reduce the debt. If State of Minnesota taxes are intercepted, MN Department of Revenue assesses a $15 fee to the obligor. Minn. Stat.§ 270A.01 to 270A.12. If a federal tax offset is received and at least $100 of the offset disburses to nonpublic assistance arrears, the US Department of Treasury charges a $25 fee to the obligee. Minn. Stat. § 518A.51 (f) BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 5 Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Community Services Sarah Tripple 651-430-6480 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Kathy Mickelson Kathy Mickelson 651-430-6532

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Approval of the 2015 contract with Canvas Health, Inc. (formerly Human Services, Inc.) for adult mental health services, children's mental health services, family services, and after hours services.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Board Yes TIME NEEDED: 5 minutes IS THIS MANDATED? EXPLANATION OF MANDATE: Yes The County is mandated to provide many of the services included in this contract. See Minnesota Statute 245.486 (Comprehensive Adult Mental Health Act) and Minnesota Statute 245.4887 (Comprehensive Children's Mental Health Act).

BACKGROUND/JUSTIFICATION: Canvas Health provides services to children, adolescents, adults, the elderly, and families who struggle with aging, crises, chemical and mental health, and domestic and sexual abuse. We have partnered with Canvas Health for many years to provide many state-mandated mental health services and other services to county residents, with the majority of services falling into two main divisions. The first division is Adult and Children's Mental Health Services, which includes: information, referral, and client outreach; crisis response; diagnosis, psychiatric testing; outpatient treatment, day treatment, medication management, Independent Living Skills (ILS) training; case management for Seriously Emotionally Disturbed (SED) children; family based services, and parenting assessments. The second division is After Hours Services which includes: Emergency Social Services (to respond to after hours inquires) and Crisis Response (to aide law enforcement and prevent out of home placements).

With the advent of Minnesota Managed Care Organizations (MCO), and Affordable Care Act (ACA) there has been a large shift in the funding source for services that were historically funded through the Canvas Health Contract. In recent years, data has been collected to understand these changes and adjust funding accordingly. In review of the data that was collected in 2014, a number of services in the Canvas Health Contract were identified as services now funded by health plans for a large number of the Washington County residents. Subsequently, adjustments have been made to the Community Services’ contract with Canvas Health consistent with the data received. All changes are made with the focus of ensuring that residents are receiving needed services in an appropriate and timely manner, while also ensuring the responsible use of taxpayer funds.

Outcome data is collected and analyzed on all services purchase from Canvas Health. An annual performance report is submitted to Washington County Community Services and available upon request.

The Community Services Department recommends approval of the 2015 contract with Canvas Health, Inc.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes Previous contracts with Canvas Health have been approved annually.

Budget Information

FUNDING: EXPLANATION OF FUNDS: Combo Up to $2,053,645 in levy dollars. Up to $491,274 in grant dollars. Up to additional $500,000 in levy dollars for the uninsured. FINANCIAL IMPACT:

YEAR:2015 AMOUNT: $3,044,919 BUDGETED: Yes

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: Approved RECOMMENDATIONS: Approved COMMENTS: COMMENTS: Canvas Health Inc. 2015 Contract County Mental Health Services • Counties provide case management services to all adults who have a serious and persistent mental illness (SPMI) and children who have a serious emotional disturbance (SED). • Community Services has historically contracted with Canvas Health for many Community Mental Health services and supports Federal/State Programs Impacting Community Mental Health

• Managed Care and the Affordable Care Act have assisted in 92% of Minnesotans accessing health care coverage • Counties funding responsibility is now focused on uninsured only; therefore creating a need to adjust our purchasing strategy Adjustment to Contract

Contract Adjustments are data driven with the goals of: • Meeting the community mental health needs of residents • Continuing to provide mandated services • Continuing to be good stewards of tax dollars 2015 Contact Adjustment

• Adjustments were made primarily in Psychiatry, Out-patient Treatment, SPMI Services, Psychological Services, and Day Treatment

• Changes were made though a reduction in base funding and/or transition to fee for service model 2015 Contract

• Total Value of Contract: up to $3,044,919

• Community Services requests approval of the 2015 Contract with Canvas Health BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 6 Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Public Works Larry Phillips 651-430-4360 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Cory Slagle Cory Slagle 651-430-4337

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Adopt a resolution for approval of the Record of Decision, Findings of Fact, and Conclusions, and a negative declaration on the need for an Environmental Impact Statement (EIS) for the County State Aid Highway (CSAH) 17 (Lake Elmo Avenue) reconstruction project.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Board No TIME NEEDED: 5 minutes IS THIS MANDATED? EXPLANATION OF MANDATE: No BACKGROUND/JUSTIFICATION: Washington County proposes to reconstruct CSAH 17 (Lake Elmo Avenue) from 30th Street to Trunk Highway 5 in the City of Lake Elmo after the City installs sanitary sewer and upgrades utilities. The City of Lake Elmo will perform additional related utility and roadway reconstruction work on Laverne Avenue North, 36th Street North, Upper 33rd Street North, and 30th Street North. A combined total of approximately 1.5 miles of roadway will be reconstructed in its existing location. Trails and sidewalks will be constructed or reconstructed as part of the project. Upgrades will also include pedestrian lighting, landscaping, and other amenities requested by the City of Lake Elmo in the Village Center.

A Discretionary Environmental Assessment Worksheet (EAW) has been prepared according to Minnesota Rules 4410 to evaluate the project's potential social, environmental, and economic impacts, and mitigation measures. The primary purpose of the EAW is to determine if an EIS is needed for the project. A copy of the EAW is on the project web page on the county website for review.

The EAW was distributed in November 2014 to the appropriate agencies in accordance with Minnesota rules and copies of the EAW were made available for public review. The Public Works Department has prepared responses to the comments received on the EAW and the information is included in the Record of Decision document.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes 12/16/14 - County Board approved the 2015-2019 Capital Improvement Plan that identifies this project.

Budget Information

FUNDING: NA Approvals COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: Approved RECOMMENDATIONS: Approved COMMENTS: COMMENTS: Lake Elmo Ave (CSAH 17) Corridor Management and Safety Improvement Project Washington County Board Update January 20, 2015

Cory Slagle Engineering and Construction Manager

Presentation Topics

• Project Overview • Project Goals • Project Schedule • Environmental Assessment Worksheet (EAW) Negative Declaration Project Overview • $3.5 million roadway reconstruction project • Existing roadway deficiencies – Poor drainage and parking facilities – Limited pedestrian facilities – Pavement refurbishment and underground infrastructure improvements • Lake Elmo planning to install sanitary sewer along the roadway • Working with City, stakeholders and residents to develop project

Project Goals

• Improve safety and mobility • Improve pedestrian facilities • ADA compliance • Address drainage issues • Review potential environmental impacts • Limit impacts to surrounding properties Project Schedule

• Feb to Sept 2014 Public Involvement • April 2014 Drainage Report • December 2014 Finalize Environmental Documents • Fall 2015 Complete Final Design • Spring 2016 Construction Environmental Assessment Worksheet • State environmental process needs to be followed • Discretionary Environmental Assessment Worksheet (EAW) was prepared for project • EAW prepared according to Minnesota Rules 4410 to evaluate the project's potential social, environmental, and economic impacts, and mitigation measures Environmental Assessment Worksheet • The EAW was distributed in November 2014 to the appropriate agencies in accordance with Minnesota rules and copies of the EAW were made available for public review. • All requirements for environmental review of the proposed project have been met Environmental Assessment Worksheet • Based on the criteria in Minnesota Rules part 4410.1700, the project does not have the potential for significant environmental effects • Staff recommends approval of the resolution indicating that there is no need for an Environmental Impact Statement (EIS) on this project Questions? BOARD OF COMMISSIONERS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.

DATE January 20, 2015 DEPARTMENT Public Works MOTION BY COMMISSIONER SECONDED BY COMMISSIONER

APPROVAL OF THE RECORD OF DECISION FINDINGS OF FACT, AND CONCLUSIONS, AND NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE WASHINGTON COUNTY STATE AID HIGHWAY 17 RECONSTRUCTION PROJECT

WHEREAS, Washington County is the responsible governmental unit for the County State Aid Highway (CSAH) 17 (Lake Elmo Avenue North) reconstruction project; and

WHEREAS, a Discretionary Environmental Assessment Worksheet (EAW) has been prepared for the project according to Minnesota Rules 4410, to assess the environmental impacts of the project; and

WHEREAS, the EAW document has been prepared as part of the state environmental review process and circulated for review and comment; and

WHEREAS, based on the information contained in the CSAH 17 EAW and on comments received on the EAW, the Findings of Fact, and Conclusions include:  The type and extent of environmental effects are similar to the effects associated with other road construction projects and the project does not have the potential for significant environmental effects.  No cumulative potential effects of related or future projects exist that would pose significant environmental effects.  The anticipated environmental effects are subject to mitigation by ongoing regulatory authorities.  The extent of environmental effects can be anticipated and controlled as a result of experience with other similar highway improvement projects with similar environmental effects.

WHEREAS, no regulatory reviewing agencies indicate a need for an environmental impact statement; and

WHEREAS, based on criteria in Minnesota Rule 4410.1770, the project does not have significant environmental effects.

NOW, THEREFORE, BE IT RESOLVED, that the Washington County Board of Commissioners hereby approves the distribution of the Record of Decision, Findings of Fact, and Conclusions documenting this decision attached as Exhibit A.

BE IT FURTHER RESOLVED, that the Washington County Board of Commissioners hereby declares that the EAW for the CSAH 17 reconstruction project was adequate and a negative declaration is made on the need for an environmental impact statement.

YES NO COUNTY ADMINISTRATOR BEARTH BIGHAM KRIESEL MIRON CHAIRPERSON, COUNTY BOARD WEIK

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RECORD OF DECISION FINDINGS OF FACT & CONCLUSIONS

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements

Washington County

Prepared by: SEH

In Cooperation with: City of Lake Elmo

December 2014

TABLE OF CONTENTS

Table of Contents ...... i 1.0 ADMINISTRATIVE BACKGROUND ...... 1 2.0 PROJECT DESCRIPTION ...... 1 3.0 DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT ...... 3 Type, Extent, and Reversibility of Impacts ...... 3 Cumulative Potential Effects of Related or Reasonably Foreseeable Future Projects ...... 5 Extent to Which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority ...... 5 Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Environmental Studies ...... 7 4.0 CONCLUSIONS ...... 8

APPENDIX A EAW Public and Agency Comments and Responses x Comment Letter A: Minnesota Department of Natural Resources x Comment Letter B: Minnesota Pollution Control Agency x Comment Letter C: Minnesota Historical Society x Comment Letter D: Metropolitan Council

EQB Notice of Availability Local Media Press Release

APPENDIX B Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements – Preliminary Layout

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page i January 2015 Record of Decision FINDINGS OF FACT AND CONCLUSIONS

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements

Located in: City of Lake Elmo, Washington County

1.0 ADMINISTRATIVE BACKGROUND Washington County is the Responsible Governmental Unit and project proposer for the Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Project. An Environmental Assessment Worksheet (EAW) has been prepared for this project in accordance with Minnesota Rules Chapter 4410. The EAW was developed to assess the impacts of the project and other circumstances in order to determine if an Environmental Impact Statement (EIS) is indicated. The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review and comments to the required EAW distribution list. A “Notice of Availability” was published in the EQB Monitor on November 10, 2014. A public notice was published in the Lillie News Oakdale-Lake Elmo Review on November 5th. A notice was also published on the project web page along with a link to download the project EAW at www.co.washington.mn.us/index.aspx?NID=2241. Web links to the project EAW were also provided on the City of Lake Elmo website. These notices provided a brief description of the project and information on where copies of the EAW were available, and invited the public to provide comments that would be used in determining the need for an EIS on the proposed project. The EAW was made available for public review at the Lake Elmo City Hall, Washington County Library, and Hennepin County Central Library. Comments were received through Wednesday, December 10, 2014. All comments received during the EAW comment period were considered in determining the potential for significant environmental impacts. Comments received during the comment period, and responses to the comments are provided in Appendix A. Additional information pertaining to the publication of the EAW and public notice are located in Appendix A. PROJECT DESCRIPTION Washington County will reconstruct Lake Elmo Avenue (County Road 17) from Hwy 5 to 30th Street North after the City of Lake Elmo installs sanitary sewer and upgrades utilities. The City of Lake Elmo will perform additional related utility and roadway reconstruction work on Laverne Ave N, 36th St N, Upper 33rd St N, and 30th St N. A combined total of approximately 1.5 miles of roadway will be reconstructed in its existing location. Trails and sidewalks will be constructed or reconstructed as part of the project. A complete description of the project was included in Section 6b of the EAW.

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 1 January 2014 Record of Decision Corrections to the EAW or Project Changes Since the EAW was Published Since the EAW was published, the following project items have changed or been updated: x No substantial roadway design changes have occurred since the publication of the EAW. A copy of the preliminary layout is presented in Appendix B.

x The permit chart was corrected to list the Minnesota Department of Health as the unit of government responsible for the Watermain Plan Review.

x Item 13b. Rare Features includes new information. Since the Natural Heritage Review dated February 19, 2014 that was performed for the proposed project, new records have been added to the National Heritage Information System including a 2013 record of the pugnose shiner (Notropis anogenus), a state-listed threatened fish species, in Lake Elmo.

x Item 13d. Avoidance, Minimization, and Mitigation includes the following new information: As the pugnose shiner is intolerant of environmental degradation, especially turbidity and siltation, it is important that effective erosion and sediment control practices be implemented and maintained for the duration of the project. The EAW states that runoff from the southern portion of County Road 17 will be managed in a proposed stormwater treatment BMP prior to discharge to Lake Elmo. Any stormwater management plan should also consider and minimize potential effects to this rare fish. The DNR encourages seeding new ditches and other green spaces, where feasible, with native prairie seed mixes appropriate to the area. Prairie plants have deeper roots than turf grasses, and would provide greater water infiltration and retention. Deep- rooted grasses and forbs would benefit stormwater management by reducing the amount of runoff delivered to retention ponds and structures. In addition, this vegetation would provide food and habitat for butterflies and other native pollinators. See: http://www.xerces.org/pollinator-conservation-roadsides Given the proximity of the project to waterbodies and green space, we recommend using wildlife-friendly (non-plastic, non-welded) erosion control materials. Traditional erosion control mesh is known to cause injury and may be fatal to wildlife, particularly reptiles and amphibians. Please see the attached factsheet.

x Item 8 - Permits and Approvals Required. In accordance with Minnesota Statute Section 473.513, at the time the City makes application to the Minnesota Pollution Control Agency (MPCA) for a permit to construct each segment of the proposed sanitary sewer project, a copy of the plans, design data, and a location map of the project will also need to be submitted to the Metropolitan Council. The Council's Environmental Service Municipal Services staff will need to review, comment, and recommend issuance of the construction permit by the MPCA before connection can be made to the City's wastewater disposal system.

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 2 January 2014 Record of Decision x Item 9.a.ii - Regional Parks/Land Use. The 2030 Regional Parks Policy Plan identifies a proposed regional trail corridor, known as the Central Greenway Regional Trail, in the general area of the EA W project site. The Central Greenway Regional Trail will travel from May Township to Cottage Grove and will connect Big Marine Park Reserve, Lake Elmo Park Reserve, and Cottage Grove Ravine Regional Park. Although the Metropolitan Council has not approved a master plan that designates the alignment of the regional trail, it will likely be located in the vicinity of Lake Elmo Avenue. The EAW indicates that trails and sidewalks will be constructed or reconstructed as part of the project. Council staff recommend s that as part of this project, Washington County construct the trail along Lake Elmo Avenue to a standard that could serve as a regional trail (typically a minimum width of 10 feet) in the future.

x Item 12 - Contamination/Hazardous Materials/Wastes. The EAW text on page 24 in the document states that the project corridor is located within the 12.5-square mile Special Well Construction Area and Superfund site known as the Baytown Site. The EAW directs the reader to an EPA fact sheet for information about the plume, which attributes the source of the TCE-contamination as having come from within the Lake Elmo Airport. As a point of clarification, the MPCA (as noted on Figure 7) currently indicates the source of the majority of the contaminated groundwater plume to be a former metal working facility that historically operated at the 'Hagberg Country Market' site in downtown Lake Elmo.

x Item 18 –Transportation. The proposed project is located near the Lake Elmo Airp01t. The City/County should continue to coordinate with MAC on the status of the project. MAC is in the process of updating the long- term comprehensive plan (LTCP) for Lake Elmo Airport, and neither the LTCP alternatives north is project should impact either project, but coordination should be continued.

2.0 DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT Type, Extent, and Reversibility of Impacts Washington County finds that the analysis completed for the EAW and the additional analysis and coordination that has occurred since publication of the EAW is adequate to determine whether the project has the potential for significant environmental effects. The EAW described the type and extent of impacts anticipated to result from the proposed project. This Findings of Fact and Conclusions (FOF&C) document provides clarifications and additional information since the EAW was published. Following are the findings regarding potential environmental impacts of the proposed project and the design features included to avoid, minimize, and mitigate these impacts:

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 3 January 2014 Record of Decision Right-of-Way Within the project area, the proposed improvements will require acquisition of approximately less than one acre of permanent right-of-way. No commercial or residential relocations are anticipated at this time. The acquisition of property due to the proposed project will be conducted in accordance with Washington County standards and regulations. Washington County will be acquiring the needed right of way for the project. The completion of the right of way process will determine the final extent of property impacts. Land Use Planning Compatibility The proposed project is not only compatible with nearby land uses, zoning, and plans; it plays an integral role in achieving the goals and visions outlined in the City’s and County’s comprehensive plans.

The proposed project would also have a broader environmental effect of improving surface water management at the project site and on adjacent properties by introducing storm sewer to help alleviate localized flooding. This project contributes to implementing the Regional Drainage Study and rules adopted by the Valley Branch Watershed District.

Water Quality/Stormwater Management Stormwater runoff from the project site will be conveyed via storm sewer into three receiving water bodies: • The northern portion of County Road 17, Upper 33rd St N, and Laverne Ave will discharge to a proposed regional treatment basin which ultimately drains to Down’s Lake. • The runoff from the southern portion of County Road 17 will be managed in a proposed stormwater treatment BMP prior to discharge to Lake Elmo, and • The runoff from 30th St N will be managed in a proposed bioretention basin within Reid Park which ultimately drains to Legion Pond. The stormwater quantity and quality impacts caused by the increased impervious surface created by the project will be minimized through the proposed BMPs. The stormwater management provided will be in accordance with the MPCA NPDES Construction Stormwater Permit and Valley Branch Watershed District Rules and Regulations. The stormwater management requirements for the project include: • The peak runoff rates shall be below or equal to existing runoff rates, • The stormwater volume will be controlled so that surface water and groundwater quantity and quality are protected, and • The stormwater runoff shall be treated at such the project shall not unreasonably degrade the water quality of the receiving surface waters.

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 4 January 2014 Record of Decision Fish, wildlife, plant communities, and sensitive ecological resources (rare features): Project designers carefully considered the design of the roadway as well as the excavation required for utility upgrades to avoid or minimize impacts on trees and their root systems. Despite this, at least 72 trees have been identified for removal as part of this project, the majority of which are either in or encroaching on the right of way. The impacted trees range in size and species from mature 36” diameter ash trees to young, recently planted 3- 4” diameter trees. New trees will be planted as part of the roadway replacement and streetscaping. The project will also provide the opportunity to remove and treat areas for the invasive noxious weed Common Buckthorn.

Transportation The proposed project will not generate new trips but will improve existing mobility and safety issues along County Road 17/ Lake Elmo Avenue North. The project area currently has an estimated 97 on-street parking stalls. The proposed project will add an additional 14 on-street parking stalls for a total of 111 spaces. The proposed project will also expand the existing network of bicycle and pedestrian facilities.

The proposed transportation improvements (i.e. intersection improvements at Highway 5, several permanent driveway access closures on Lake Elmo Ave N, installation of continuous multi-use trail and sidewalk) will address present and future mobility and safety problems identified in the County’s transportation plan.

The proposed project will require temporary detours during construction. Access to businesses and residences will be maintained via alternate routes through alleys or backfilling residential driveways at night.

Cumulative Potential Effects of Related or Reasonably Foreseeable Future Projects The projects listed below that were considered as future actions in this analysis are consistent with the Minnesota State Supreme Court Ruling regarding cumulative potential effects. The projects: 1) are either existing, actually planned for, or for which a basis of expectation has been laid; 2) are located in the surrounding area; and 3) might reasonably be expected to affect the same natural resource. • Washington County, in cooperation with the City of Lake Elmo, is currently engaged in a Regional Drainage Study that aims to provide a regional approach to surface water management in the Lake Elmo Village Area. The study aims to provide relief from localized flooding to existing businesses and residents and also to accommodate the future stormwater needs of proposed development. • Washington County, in coordination with the Minnesota Department of Transportation (MnDOT), the City of Grant, the City of Stillwater, and Stillwater Township, is planning roadway improvements to County Road 15 (Manning Avenue) between County Road 12 (75th Street North) and Hwy 96 (Dellwood Road North). The proposed project, set to begin in 2014, will repair Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 5 January 2014 Record of Decision existing pavement and also include other safety and mobility improvements along the corridor. • Washington County, in cooperation with the City of Lake Elmo, is currently engaged in a Regional Parks and Trails Study to identify the preferred location for proposed regional trail(s). • The Lake Elmo Regional Airport Comprehensive Plan (2008) has identified a preferred alternative to extend its crosswind runway to 3,200’ and construct a hangar area expansion. The Comprehensive Plan also identified plans to connect the airport to sanitary sewer and water from neighboring Lake Elmo or Baytown Township rather than relying on wells and septic systems

Potential impacts from future projects have been discussed by the project partners (Washington County and the City of Lake Elmo). The primary impacts associated with the project will likely involve storm water quality and quantity and visual quality. Cumulative impacts to these resources from the proposed project and from anticipated future projects are discussed in the paragraphs that follow.

State and local surface and groundwater management regulations require mitigation be provided in conjunction with proposed development and roadway projects. Given the design standards and management controls available for protecting the quality of surface waters, it is likely that potential impacts of the project, along with other future actions, will be minimized or mitigated to a substantial degree. Therefore, adverse cumulative effects on water quality and quantity rates are not anticipated.

Foreseeable future actions and the proposed highway improvements have been identified in local land use and comprehensive plans. Therefore visual quality changes are not expected to have a cumulative impact. Viewers who value natural environments may view further development in the study area as a degradation of visual quality, while orderly and well- designed built environments may be equally valued by others. These differences in values cannot be clearly interpreted as adverse impacts. Local land use regulations will help balance and protect both points of view.

Extent to Which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority The mitigation of environmental impacts will be designed and implemented in coordination with regulatory agencies and will be subject to the plan approval and permitting processes. Permits and approvals that have been obtained or may be required prior to project construction include those listed in Table 1 on the following page. Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Environmental Studies Washington County has extensive experience in roadway construction. Many similar projects have been designed and constructed throughout the area encompassed by this governmental agency. All design and construction staff are very familiar with the project Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 6 January 2014 Record of Decision area. No problems are anticipated which the county staff have not encountered and successfully solved many times in similar projects in or near the project area. Washignton County finds that the environmental effects of the project can be anticipated and controlled as a result of environmental review and experience on similar projects.

Table 1 – Agency Approvals and Permits

Unit of government Type of application Status Federal U.S. Army Corps of Engineers Section 404 Permit If necessary U.S. Fish & Wildlife Service Special Use Permit/Property Acquisition Not Applicable State Minnesota Pollution Control National Pollutant Discharge Elimination To Be Applied For Agency System Construction Stormwater Permit National Pollutant Discharge Elimination Not Applicable System Construction Wastewater Permit Minnesota Department of Water Appropriations Permit - Dewatering If Necessary Natural Resources Public Waters Work Permit To Be Applied For Threatened/Endangered Species Takings Not Applicable Permit Minnesota Department of Watermain plan review To Be Applied For Health MnDOT Right of Way Permits If necessary Local/Other Washington County EAW Approval Complete EIS Need Decision Pending City of Lake Elmo Municipal Consent / EAW Review Pending Local sewer hook-ups, building permits, To Be Applied For conditional use permits, plats, etc. Valley Branch Watershed Preliminary Layout Plan Review Pending District Approval of Wetland Boundaries and Types Complete Wetland Replacement Plan Approval If Necessary MCES Sanitary Sewer Extension Permit To Be Applied For Union Pacific Railroad Railroad Agreement for underground utility To Be Applied For (water) Railroad Agreement for underground utility To Be Applied For (stormwater sewer) Railroad Agreement for Construction To Be Applied For Activities Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 7 January 2014 Record of Decision

3.0 CONCLUSIONS 1. All requirements for environmental review of the proposed project have been met. 2. The EAW and the permit development processes related to the project have generated information which is adequate to determine whether the project has the potential for significant environmental effects. 3. Areas where potential environmental effects have been identified will be addressed during the final design of the project. Mitigation will be provided where impacts are expected to result from project construction, operation, or maintenance. Mitigative measures are incorporated into project design, and have been or will be coordinated with state and federal agencies during the permit processes. 4. Based on the criteria in Minnesota Rules part 4410.1700, the project does not have the potential for significant environmental effects. 5. An Environmental Impact Statement is not required for the proposed Lake Elmo Avenue (County Road 17) Corridor and Utility Improvements Project.

For Washington County

______Director, Transportation Department, and County Engineer Date

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 8 January 2014 Record of Decision APPENDIX A

EAW COMMENTS &RESPONSES

EQB NOTICE OF AVAILABILITY

LOCAL MEDIA PRESS RELEASE

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 9 January 2014 Record of Decision Agency and Public Comments on the EAW and Washington County’s Responses A total of one agency comment was received during the EAW comment period. No comments from private citizens were received during the comment period. Consistent with state environmental review rules, responses have been prepared for all substantive comments submitted during the comment period. Written responses have been provided for comments pertaining to analysis conducted for and documented in the EAW. Comment responses were not provided for comments of general opinions or statements of preference.

Comments and Responses Copies of comments submitted by the following individuals and governmental agencies are included on the following pages.

x Comment Letter A: Minnesota Department of Natural Resources x Comment Letter B: Minnesota Pollution Control Agency x Comment Letter C: Minnesota Historical Society x Comment Letter D: Metropolitan Council

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 10 January 2014 Record of Decision Comment Letter A: Minnesota Department of Natural Resources (page 1 of 2)

RESPONSES: A1 Project partners will coordinate the “Water Main Plan Review” with the Minnesota Department of Health. A2 Information from new NHIS records have been added to the Finding of Fact and Conclusions.

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 11 January 2014 Record of Decision A3 Additional avoidance, minimization, and mitigation information has been added to the Finding of Fact and Conclusions. Comment Letter A, Continued: Minnesota Department of Natural Resources (page 2 of 2)

A3, continued

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 12 January 2014 Record of Decision Comment Letter B: Minnesota Pollution Control Agency

RESPONSES: B1 No response needed.

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 13 January 2014 Record of Decision Comment Letter C: Minnesota Historical Society

RESPONSES: C1 No response needed. C2 The project will not use federal assistance.

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 14 January 2014 Record of Decision Comment Letter D: Metropolitan Council (Page 1 of 2)

RESPONSES: D1 No response needed. D2 Project staff will submit the requested documentation to the Metropolitan Council for review, comment, and issuance recommendation. D3 The project is proposing a trail constructed to standards, 10 foot minimum width, that could serve as a regional trail. Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 15 January 2014 Record of Decision Comment Letter D, Continued: Metropolitan Council (Page 2 of 2)

RESPONSES, CONTINUED: D4 This information has been added to the Finding of Fact and Conclusions. D5 Washington County will continue to coordinate with the Metropolitan Airport Commission. D6 No response needed.

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 16 January 2014 Record of Decision EQB Monitor Notice (page 1)

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 17 January 2014 Record of Decision EQB Monitor Notice (page 2)

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 18 January 2014 Record of Decision Lake Elmo Ave Corridor & Utility Improvements EAW Publication & Comment Period Notice (page 1 of 2)

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 19 January 2014 Record of Decision Lake Elmo Ave Corridor & Utility Improvements EAW Publication & Comment Period Notice (page 2 of 2)

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 20 January 2014 Record of Decision APPENDIX B

LAKE ELMO AVENUE (COUNTY ROAD 17) CORRIDOR &UTILITY IMPROVEMENTS – PRELIMINARY LAYOUT

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 21 January 2014 Record of Decision LAKE ELMO AVENUE (COUNTY ROAD 17) CORRIDOR &UTILITY IMPROVEMENTS –PRELIMINARY LAYOUT NORTHERNPORTIONOFPROJECTAREA

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 22 January 2014 Record of Decision Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 23 January 2014 Record of Decision LAKE ELMO AVENUE (COUNTY ROAD 17) CORRIDOR &UTILITY IMPROVEMENTS –PRELIMINARY LAYOUT SOUTHERNPORTIONOFPROJECTAREA

Lake Elmo Avenue (County Road 17) Corridor & Utility Improvements Page 24 January 2014 Record of Decision BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 11 Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Public Health & Environment Stephanie Souter 651-430-6701 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Girard Goder Girard Goder 651-430-6768

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Board Workshop with Public Health and Environment to discuss proposed revisions of the County’s Subsurface Sewage Treatment (SSTS) Ordinance and to request referral of the proposed ordinance to the Planning and Advisory Commission for review and a public hearing.

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Workshop No TIME NEEDED: 30 IS THIS MANDATED? EXPLANATION OF MANDATE: Yes Minnesota Statutes 115.55 Subd. 2. requires all counties to adopt ordinances that comply with state subsurface sewage treatment systems rules.

BACKGROUND/JUSTIFICATION: The subsurface sewage treatment system (SSTS) program was first established by ordinance in 1972 and incorporates MN Rules Chapters 7080-7083 as operating standards. The ordinance requires periodic revisions to incorporate updates to state rules. Staff in the Department of Public Health and Environment (PHE) issue permits, and inspect installation of systems. The ordinance revision will: 1) adopt changes to MN Rules; 2) allow for oversight of septage land spreading; 3) require SSTS maintainers to obtain maintenance permits prior to servicing systems; 4) extend the length of time for replacement of a failing system; and 5) allow the use of historical records for dispute resolution on noncompliant systems. PHE will request the Board to refer the proposed ordinance to the Planning and Advisory Commission for review and a public hearing.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes SSTS ordinances have been periodically approved since 1972.

Budget Information

FUNDING: EXPLANATION OF FUNDS: Other This program is funded primarily through permit fees with some state grant funding. FINANCIAL IMPACT:

YEAR:2015 AMOUNT: $325,600 BUDGETED: Yes

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: Subsurface Sewage Treatment System (SSTS) Ordinance Revision

Department of Public Health & Environment January 20, 2015 Overview

• Background on county role • Overview of program activity • Review of proposed changes • Questions and discussion County Role

• MN Statute requires subsurface sewage treatment system (SSTS) regulations • County ordinance adopts state rules • First ordinance in 1972 • County administers SSTS program in 17 communities within the county • Coordinate with Minnesota Pollution Control Agency (MPCA) on rules and planning County Role

2014‐2024 County Groundwater Plan establishes policy to protect groundwater from contamination: • “The county will partner with state agencies, local governments, and stakeholders to protect groundwater from contamination that is caused from failing SSTS.” • “The county will ensure sufficient regulation and oversight are in place to protect public health, safety, and groundwater from potential contamination by land spreading activities.” Program Activity

• Inspect SSTS installation for compliance • Perform site evaluations and soil testing • Provide oversight for complex systems • Provide technical assistance and training • Ensure failing systems are replaced • Ensure that systems are properly maintained 2014 Program Data

• Issued 276 installation permits • Conducted over 461 site inspections • Issued 33 operating permits for complex systems • 51 failing systems replaced as the result of Department intervention • Sent reminder postcards resulting in over 3,500 systems being properly maintained • Responded to complaints Program Development

• Program re‐organization in early 2014 to align MPCA program areas • Currently designing a SSTS data management system including: • Electronic file management • Web‐based application portal • Online inspection scheduling • SSTS loans and grants for replacement Scope of Ordinance

SSTS ordinance includes the following: • Definitions of and standards for proper location, design, installation, use and maintenance of subsurface sewage treatment systems • Compliance and permit requirements for subsurface sewage treatment systems • Procedures for enforcement of the ordinance Ordinance Development to Date

• Multiple internal meetings; staff and legal review • Stakeholder meetings in August 2014 with city/township officials and industry representatives • Outlined the ordinance revision process • Provided an overview of SSTS operation • Provided detailed explanation of proposed changes and effects • Obtained feedback from stakeholders on proposed changes • Incorporated feedback into revised ordinance Proposed Ordinance Changes Three categories : • ‘Housekeeping’ • Incorporation of changes in MN Rules 7080‐7083 • Voluntary ‘local’ additions Proposed Ordinance Changes Local Addition • Section 22: Change maintenance provider reporting criteria • Reduce reporting time from 12 months to 90 days • Require maintainers to obtain blank ‘permit’ prior to tank maintenance • Will reduce confusion for homeowners

State Rules are silent on this Proposed Ordinance Changes Local Addition Compliance Criteria: Section 4 • Section 4.3 Add dispute resolution process for systems found to be non‐compliant • If documentation exists that system was compliant at time of installation, allowed to remain in place • Exception: systems posing imminent threat to public health and the environment State Rules are silent on this • Criteria for failing systems (Section 4.3) • Remove cesspool from Imminent Public Health Threat definition • In line with State Rules • Replacement timelines (Section 4.12) • Imminent health threat: Change from 30 days to 90 days • Failing system: Change from 90 days to 1 year • Proposed county timelines are still more restrictive than State Rules Proposed Ordinance Changes Local Addition ‐ Optional Section 23 • Incorporate oversight of land spreading activities in compliance with federal regulations and state guidelines • Allows Department to assess site suitability • Will require a permit prior to land spreading septage • Implements policy outlined in the Groundwater Plan

State Rules are silent on this, but MPCA does have statewide guidelines that would be incorporated Property Transfer

• Ordinance will continue to require inspection of existing systems at property transfer (first included in 2009) • While more restrictive than State Rules, MPCA policy supports this provision; MPCA provides grant funding for program operations if a county adopts this provision • Provides opportunity to identify and replace noncompliant systems • PHE will work with PRTS to identify systems that should have been replaced at time of sale but were not, and then work with those property owners under current ordinance requirements to have the system upgraded. Technical requirements

• There are some system design parameters in the current ordinance that are more restrictive than State Rules • Enhance system longevity or provide better environmental protection • These include: • Two tank requirement • Effluent filters • Mound sizing • Soil requirements for vacant lots and mounds • Soil loading rate • Gallons per day/bedroom • Slope restrictions for mounds Next Steps

• Request Board action to refer ordinance to Planning Advisory Commission (PAC) • PAC review, presentation and public hearing (February) • Draft ordinance is sent to LGUs • PAC recommends approval, refers back to Board • Submit final draft ordinance to MPCA at least 30 days before Board approval (March) • Set public hearing at Board meeting • Publish public notice in official county newspaper • Conduct public hearing and request Board resolution to adopt revised ordinance (April 15th) Conclusion

• Questions • Discussion WASHINGTON COUNTY

DEVELOPMENT CODE

Pursuant to MSA Ch 394, Washington County has adopted official controls for the purposes of regulating the physical development of land in the unincorporated areas of the County. These official controls are compiled into and hereafter known as the Washington County Development Code and consists of the following chapters each adopted by Ordinance.

(1) Chapter One Administration

(2) Chapter Two Zoning Regulations

(3) Chapter Three Subdivision Regulations

(4) Chapter Four Subsurface Sewage Treatment System Regulations

(5) Chapter Five Lower St. Croix River Bluffland and Shoreland Management Regulations

(6) Chapter Six Shoreland Management Regulations

(7) Chapter Seven Mining Regulations

(8) Chapter Eight 201 Sewer Use Regulations

(9) Chapter Nine Flood Plain Regulations

(10) Chapter Ten Official Map Regulation and Designation Effective September 23, 2009 [Month][Day],[Year] Chapter Four Subsurface Sewage Treatment System Regulations

WASHINGTON COUNTY DEVELOPMENT CODE

CHAPTER FOUR

SUBSURFACE SEWAGE TREATMENT SYSTEM REGULATIONS

Table of Contents

SECTION 1. PURPOSE AND INTENT ...... 3 SECTION 2. DEFINITIONS ...... 4 SECTION 3 ADMINISTRATION ...... 15 SECTION 4 COMPLIANCE CRITERIA ...... 17 SECTION 5 ACCEPTABLE AND PROHIBITED DISCHARGES...... 20 SECTION 6 PERMITS ...... 21 SECTION 7 OPERATING PERMITS ...... 23 SECTION 8 INSPECTIONS...... 24 SECTION 9 SITE EVALUATION AND SOIL TESTING...... 28 SECTION 10 MSTS SITE EVALUATION AND SOIL TESTING...... 34 SECTION 11 GROUNDWATER INVESTIGATION ...... 38 SECTION 12 SEWAGE FLOW DETERMINATION...... 40 SECTION 13 SEWAGE TANKS ...... 44 SECTION 14 DISTRIBUTION OF EFFLUENT ...... 50 SECTION 15 DOSING OF EFFLUENT ...... 55 SECTION 16 TREATMENT AND DISPERSAL...... 57 SECTION 17 TYPE I SYSTEMS...... 63 SECTION 18 TYPE II SYSTEMS ...... 71 SECTION 19 TYPE III SYSTEMS...... 75 SECTION 20 TYPE IV SYSTEMS...... 77 SECTION 21 TYPE V SYSTEMS ...... 79 SECTION 22 MAINTENANCE ...... 80 SECTION 23 SYSTEM ABANDONMENT ...... 83 SECTION 24 PRODUCT REGISTRATION...... 84 SECTION 25 ENFORCEMENT ...... 85 SECTION 26 SEPARABILITY...... 85 SECTION 27 EFFECTIVE DATE...... 85 APPENDIX A SOIL LOADING RATES FOR LEVEL C TREATMENT...... 86 APPENDIX B SOIL LOADING RATES FOR LEVEL A & B TREATMENT...... 89

SECTION 1. PURPOSE AND INTENT ...... 10 SECTION 2. DEFINITIONS...... 12 2.1 Certain Terms...... 12 2.2 Definitions...... 12 SECTION 3 ADMINISTRATION ...... 26

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3.1 Administrative scope...... 26 3.2 Qualifications...... 26 3.3 Federal regulations...... 26 3.3 Variance procedures...... 26 3.4 Board of adjustment and appeals...... 26 3.5 Adherence to these standards...... 27 3.6 MSTS qualifications...... 27 3.7 Collection Systems...... 27 3.8 MSTS septage...... 27 3.9 SDS permit required...... 27 3.10 Other state regulations...... 28 3.11 Local regulations...... 28 3.12 Work done without permit...... 28 3.13 Authorized access...... 28 3.14 Permit fees...... 28 SECTION 4 COMPLIANCE CRITERIA ...... 29 4.1 Treatment required...... 29 4.2 Compliance criteria for new construction...... 29 4.3 Compliance criteria for existing systems...... 29 4.4 Compliance criteria for systems with a flow of greater than 2,500 gallons per day...... 30 4.5 Compliance criteria for systems receiving replacement components...... 30 4.6 MSTS General...... 30 4.7 Public health and safety; imminent threat...... 30 4.8 Groundwater protection...... 31 4.9 Other conformance...... 31 4.10 System operation...... 32 4.11 Compliance criteria for systems receiving replacement components...... 32 4.12 Upgrade requirements...... 32 SECTION 5 ACCEPTABLE AND PROHIBITED DISCHARGES...... 33 5.1 Sewage...... 33 5.2 System influent...... 33 5.3 Domestic waste...... 33 SECTION 6 PERMITS...... 34 6.1 Building Permit requirements...... 34 6.2 Compliant system or permit issued...... 34

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6.3 Permit required...... 34 6.4 Permit application...... 34 6.5 Site plan required...... 35 6.6 Permit time limit...... 35 6.7 Permit revocation...... 35 SECTION 7 OPERATING PERMITS ...... 36 7.1 Operating permit required...... 36 7.2 Operating permits issued...... 36 7.3 Operating permit criteria...... 36 7.4 Operating Permits ...... 36 7.5 MSTS Maintenance ...... 36 7.6 Grease Interceptors...... 37 7.7 Operation and Maintenance Manual...... 37 7.8 Groundwater Monitoring...... 38 7.9 Noncompliance...... 38 SECTION 8 INSPECTIONS ...... 39 8.1 Required inspections...... 39 8.2 Time of inspections...... 39 8.3 Inspection scheduling...... 39 8.4 Work backfilled before inspection...... 39 8.5 Correction orders...... 39 8.6 System placed into service...... 39 8.7 Department access...... 39 8.8 As-builts...... 40 8.9 Disclosure...... 40 8.10 Compliance inspection; new construction or replacement...... 40 8.11 Certificate of compliance; notice of noncompliance...... 40 8.12 Compliance inspections; existing systems...... 41 8.13 Periodically saturated soil disagreements...... 43 SECTION 9 SITE EVALUATION AND SOIL TESTING ...... 45 9.1 Design Phase I; Site Evaluation...... 45 9.2 Preliminary Evaluation...... 45 9.3 Field Evaluation...... 45 9.4 Minimum Size, Soil Treatment Area ...... 46 9.5 Soil observations...... 46

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9.6 Soil descriptions for determination of limiting layers...... 47 9.7 Determination of loading rate and absorption area size...... 48 9.8 Phase I; Site Evaluation Reporting...... 49 9.9 Soil testing required...... 50 9.10 Qualifications...... 50 9.11 Site Protection...... 50 9.12 Utilities...... 51 9.13 Mound soil testing...... 51 9.14 Compliance...... 51 9.15 Phase II Reporting...... 51 SECTION 10 MSTS SITE EVALUATION AND SOIL TESTING...... 52 10.1 Necessity of Soil and Site Evaluations...... 52 10.2 Preliminary Evaluation...... 52 10.3 Field Evaluation...... 52 10.4 Soil Description...... 53 10.5 Method...... 54 10.6 Comparison with Soil Survey...... 54 10.7 Site and Soil Information...... 54 10.8 Flood Fringe...... 55 10.9 Depth...... 55 10.10 Site Protection...... 55 10.11 Soil and Site Report...... 55 SECTION 11 GROUNDWATER INVESTIGATION...... 57 11.1 Necessity of Investigation...... 57 11.2 Preliminary Investigation...... 57 11.3 Field or Further Investigation...... 57 11.4 Monitoring...... 57 11.5 Hydrological Interpretations...... 58 11.6 Groundwater Report...... 58 SECTION 12 SEWAGE FLOW DETERMINATION...... 59 12.1 Design Phase II: System Design...... 59 12.2 Design Flow...... 59 12.3 Design Flow by Bedrooms...... 59 12.4 Sum of design flow for existing dwellings...... 59 12.5 New housing developments...... 59

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12.6 Additional Capacity...... 59 12.7 Design Flow Determination for Other Establishments...... 59 12.8 Employees in Design Flow Calculation...... 63 12.9 Measured Flow...... 63 12.10 Infiltration...... 63 12.11 Waste Concentration...... 63 SECTION 13 SEWAGE TANKS...... 64 13.1 Sewage Tanks, General...... 64 13.2 Tank Strength Requirements...... 64 13.3 Poured-in-place concrete Tanks...... 64 13.4 Septic Tank Design...... 64 13.5 Minimum Tank Capacity...... 64 13.6 Common tanks...... 65 13.7 Septic tank capacity for multiple dwellings...... 65 13.8 Septic tank capacity for other establishments...... 65 13.9 Holding Tank Capacity for Other Establishments...... 66 13.10 Effluent Filters Required...... 66 13.11 Tanks connected in series...... 66 13.12 Prior to other treatment devices...... 66 13.13 Compartmentalization of Single Tanks...... 66 13.14 Septic Tank Baffles...... 66 13.15 Sewage Tank Access...... 67 13.16 Pump Tank Access...... 67 13.17 Maintenance Hole Risers to Grade...... 67 13.18 Maintenance Hole Covers...... 67 13.19 Concrete Tank Construction...... 68 13.20 Non-Concrete Tank Construction...... 68 13.21 Precast Reinforced Concrete Tanks...... 68 13.22 Other Tanks...... 68 13.23 Location and installation of tanks:...... 68 13.24 Tank Assessment...... 69 13.25 Tank Identification...... 70 13.26 Sewage Tanks for MSTS, General...... 70 13.27 MSTS Septic Tank Capacity...... 71

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13.28 MSTS Tank Geometry...... 71 13.30 MSTS Tank Testing...... 71 13.31 MSTS Liners...... 72 SECTION 14 DISTRIBUTION OF EFFLUENT...... 73 14.1 General...... 73 14.2 Supply Pipes...... 73 14.3 Gravity Distribution ...... 73 14.4 Pressure Distribution...... 75 14.5 Distribution of Effluent for MSTS...... 77 14.6 Pressure Distribution Required for MSTS...... 77 14.7 MSTS Zones Required...... 77 SECTION 15 DOSING OF EFFLUENT...... 78 15.1 General...... 78 15.2 Pump Tanks...... 78 15.3 Pumps for Gravity Distribution...... 78 15.4 Pumps for Pressure Distribution...... 79 15.5 Pump Discharge Head...... 79 15.6 Maximum Dose Volume...... 79 SECTION 16 TREATMENT AND DISPERSAL...... 80 16.1 General...... 80 16.2 General Technical Requirements for All Systems...... 80 16.3 Other Technical Requirements for Systems...... 81 16.4 Nitrogen BMP...... 85 16.5 Final treatment and dispersal for MSTS: ...... 85 16.6 Collection Systems...... 87 16.7 Construction Requirements...... 87 16.8 MSTS Design Standards...... 87 16.9 Prohibited Discharges...... 87 16.10 Component Longevity...... 88 16.11 Flow Measurement Device...... 88 16.12 System Access...... 88 16.13 Registered Products...... 88 16.14 Designer Inspections...... 88 SECTION 17 TYPE I SYSTEMS...... 89 17.1 Type I Systems...... 89

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17.2 Trenches and Seepage Beds...... 89 17.3 Mounds...... 90 17.4 At-Grade Systems ...... 94 SECTION 18 TYPE II SYSTEMS ...... 98 18.1 Type II Systems...... 98 18.2 Floodplain Areas...... 98 18.3 Privies...... 100 18.4 Holding Tanks...... 100 SECTION 19 TYPE III SYSTEMS...... 102 19.1 Type III Systems...... 102 19.2 Flow Restriction Device...... 102 19.3 Previously Developed Sites...... 102 19.4 Type III Systems Allowed...... 102 19.5 Graywater Systems ...... 103 SECTION 20 TYPE IV SYSTEMS...... 104 20.1 General...... 104 20.2 Previously Developed Sites...... 104 20.3 Type IV Systems Allowed...... 104 20.4 Soil Loading Rates...... 106 SECTION 21 TYPE V SYSTEMS...... 107 21.1 Type V Systems...... 107 21.2 Previously Developed Sites...... 107 21.3 Type V Systems Allowed...... 107 SECTION 22 MAINTENANCE ...... 108 22.1 Management Plans Required...... 108 22.2 General...... 108 22.3 Frequency of Assessment...... 108 22.4 Maintenance Permit and Reporting...... 108 22.5 Removal of Material...... 108 22.6 Pump Tank Maintenance ...... 109 22.7 Privies...... 109 22.8 Additives...... 109 22.9 Septage...... 109 22.10 Land Spreading of Septage ...... 109 22.11 Use of Soil Treatment Site...... 109 22.10 System Remediation...... 110

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SECTION 23 LAND APPLICATION OF SEPTAGE...... 111 23.1 Allowed Septage Application ...... 111 23.2 Permits and Licenses Required...... 111 23.3 Permit Application ...... 111 23.4 Duration of Permit ...... 112 23.5 Maximum Volume ...... 112 23.6 Requirements for Land Application Sites...... 112 23.7 Soil Suitability...... 112 23.8 Required Application Methods ...... 113 23.9 Slope Restrictions ...... 113 23.10 Setback Requirements...... 114 23.11 Reporting Requirements ...... 114 SECTION 24 SYSTEM ABANDONMENT...... 116 24.1 Tank Abandonment...... 116 24.2 Future Discharge...... 116 24.3 Removal of System...... 116 24.4 MSTS Abandonment...... 116 SECTION 25 PRODUCT REGISTRATION ...... 117 25.1 Product Registration in Compliance with State Rules...... 117 25.2 Registered Products Approved by the Local Unit of Government...... 117 SECTION 26 ENFORCEMENT ...... 118 26.1 Misdemeanor...... 118 26.2 Corrective Actions Required...... 118 26.3 Public Health Nuisance Control...... 118 SECTION 27 SEPARABILITY ...... 118 27.1 Separability...... 118 SECTION 28 Repeal of Chapter Four of the Washington County Development Code ...... 118 28.1 Repeal...... 118 SECTION 29 EFFECTIVE DATE ...... 118 29.1 Effective Date of Ordinance...... 118

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WASHINGTON COUNTY DEVELOPMENT CODE

CHAPTER FOUR

SUBSURFACE SEWAGE TREATMENT SYSTEM REGULATIONS

This chapter shall regulate the location, design, installation, use and maintenance of subsurface sewage treatment systems in all areas of Washington County other than cities and towns that have adopted ordinances that comply with Minnesota Statute 115.55 and are as strict as this Chapter. This chapter is authorized under Minnesota Statute Section 115.55 and 115.56 and Minnesota Statutes Chapter 145A.

SECTION 1. PURPOSE AND INTENT

Purpose and Intent. This Chapter is adopted for the following purposes:

(1) To protect the public health, safety, and general welfare by the discharge of adequately treated sewage to the groundwater via the proper location, design, installation, use, and maintenance of individual subsurface sewage treatment systems (ISTS) and midsized subsurface sewage treatment systems (MSTS).

(2) These environmental protection standards shall be adopted county wide and administered and enforced by the Department or local units of government as directed by Minnesota Rules, Chapter 7082, and Minnesota Statute, Section 115.55.

(3) This chapter does not regulate systems that dowill not receive sewage as defined in this chapter. If systems receive both sewage and nonsewage, the requirements of this chapter apply, plus any additional requirements governing the nonsewage portion of the wastewater.

(4) To provide prescriptive design, construction, and operational standards to reasonably protect surface water and groundwater and promote public health, safety, and general welfare.

(5) To protect individual water supply wells of the community from contamination by inadequate, improperly designed, located, installed or maintained subsurface sewage treatment systems.

(6) To provide for the orderly development of areas of the community which are not served by central public wastewater treatment systems and to reduce the need to install central public wastewater treatment systems in areas where they are not now currently planned.

(7) Technology and products employed in system design shall adequately protect the public health and the environment as determined by Minnesota Rules, Chapter 7083, and be approved for use by the Department or local unit of government.

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(8) This Chapter does not intend to impose design standards for sewage treatment systems that discharge to the ground surface or surface waters. Those systems require a National Pollution Discharge System permit.

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SECTION 2. DEFINITIONS

2.1 Certain Terms. For the purposes of this Chapter, certain terms or words used are interpreted as follows: the words “shall” and “must” are mandatory and the words “should” and “may” are permissive. All distances specified in this Chapter are horizontal distances unless otherwise specified.

2.12.2 Definitions. For the purpose of this Chapter, the certain words and phrases are defined as follows:

(1) Absorption area. “Absorption area” means the design parameter that is associated with the hydraulic acceptance of effluent. It is also commonly known as the infiltrative surface. The absorption area for a mound systemsystems is the original soil below a mound system that is designed to absorb sewage tank effluent. The absorption area for trenches, seepage beds, and at- grade systems is the soil area in contact with the part of the distribution medium that is designed and loaded to allow absorption of sewage tank effluent. This includes both bottom and sidewall soil contact areas.

(2) Agency. “Agency” means the Minnesota Pollution Control Agency (MPCA).

(3) Alarm device. “Alarm device” means a device that alerts a system operator or system owner of a component’s status using a visual or audible device. An alarm device can be either on site or remotely located.

(4) Applicable requirements. “Applicable requirements” means:

(A) This Chapter; Minnesota Rules, Chapter 7082; and, Minnesota Statutes, section 115.55; or

(B) In areas of the County without complying ordinances to regulate SSTS, the requirements in this Chapter.

(5) As-builts. “As-builts” means drawings and documentation specifying the final in-place location, size, and type of all system components. These records identify the results of materials testing and describe the conditions during construction. An as-built also contains a certified statement.

(6) ASTM. “ASTM’ means the American Society for Testing and Materials.

(7) At-grade system. “At-grade system” means a pressurized soil treatment and dispersal system where sewage tank effluent is dosed to an absorption bed that is constructed directly on original soil at the ground surface and covered by loamy soil materials.

(8) Baffle. “Baffle” means a device installed in a septic tank to retain solids and includes, but is not limited to, vented sanitary tees with submerged pipes and effluent screens.

(9) Bedrock. ”Bedrock” means geologic layers, of which greater than 50 percent by volume consists of unweathered in-place consolidated rock or rock fragments. Bedrock also means weathered in- place rock which cannot be hand augered or penetrated with a knife blade in a soil pit.

(10) Bedroom. “Bedroom” means, for the sole purpose of estimating design flows from dwellings, an area that is:

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(A) a room designed or used for sleeping; or

(B) a room or area of a dwelling that has a minimum floor area of 70 square feet with access gained from the living area or living area hallway. Architectural features that affect the use as a bedroom under this item may be considered in making the bedroom determination.

(11) Biochemical oxygen demand or BOD. “Biochemical oxygen demand” or “BOD” means the measure of the amount of oxygen required by bacteria while stabilizing, digesting, or treating biodegradable organic matter under aerobic conditions over a five-day incubation period, commonly expressed in milligrams per liter (mg/L).

(12) Building. “Building” means any structure used or intended for supporting or sheltering any use or occupancy.

(13) Building sewer. “Building sewer” means the part of the drainage system which extends from the end of the building drain and conveys its discharge to a subsurface sewage treatment system.

(14) Capillary fringe. “Capillary fringe” means the soil layer directly above a saturated layer in which the pore spaces are nearly filled with water as water is drawn upward due to adhesive and cohesive forces. (14)(15) Carbonaceous biochemical oxygen demand or CBOD5. “Carbonaceous biochemical oxygen demand” or “CBOD5” means the measure of the amount of oxygen required by bacteria while stabilizing, digesting, or treating organic matter under aerobic conditions over a five-day incubation period while in the presence of a chemical inhibitor to block nitrification. CBOD5 is commonly expressed in milligrams per liter (mg/L).

(15)(16) Certificate of compliance. “Certificate of compliance” means a document, written after a compliance inspection, certifying that a system is in compliance at the time of inspection with applicable requirements at the time of the inspection.

(16)(17) Certified. “Certified” means an individual is included on the Agency’s SSTS certification list and is qualified to design, install, maintain, repair, pump, operate, or inspect an SSTS as appropriate with the individual’s qualifications. A certified individual who is working under a license is subject to the obligations of the license. Certified individuals were previously known as registered professionals.

(17)(18) Certified statement. “Certified statement” means a statement signed by a certified individual, apprentice, or qualified employee under Minnesota Rules, Chapter 7083 certifying that the licensed business or qualified employee completed the work in accordance with applicable requirements.

(18)(19) Cesspool. “Cesspool” means an underground pit, receptacle, leaching pit, drywell, seepage pit, or seepage tank that receives sewage and leaches sewage into the surrounding soil, bedrock, or other soil materials. Cesspools include sewage tanks that were designed to be watertight, but subsequently leak below the designed operating depth.

(19)(20) Clean sand. “Clean sand” means a soil fill material required to be used in mounds. The standards for clean sand are outlinedset forth in Section 17.3 (103)(C).

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(20)(21) Commissioner. “Commissioner” means the commissioner of the Minnesota Pollution Control Agency.

(21)(22) Compliance inspection. “Compliance inspection” means an evaluation, investigation, inspection, or other such process for the purpose of issuing a certificate of compliance or notice of noncompliance.

(22)(23) Contour Loading Rate. “Contour Loading Rate” ismeans the amount of effluent loaded to the soil per length of the dispersal unit or units along the single hillslope along the contour. The contour loading rate is determined on the relationship between the vertical and horizontal water movement in the soil and is based on the permeability difference between the absorption area and any deeper horizons, the depth between the absorption area and the change in permeability; and the land slope.

(23)(24) Department. “Department” means the Washington County Department of Public Health and Environment.

(2) DNR. “DNR” means the Minnesota Department of Natural Resources.

(25) Design flow “Design flow” means the estimated or measured flow used to design the SSTS. (24)(26) Disinfection. “Disinfection” means the process of destroying or inactivating pathogenic microorganisms in sewage to render them noninfectious.

(25)(27) Distinct. “Distinct” means a soil color that is not faint as described in Section 2.2 (39).

(26)(28) Distribution box. “Distribution box” means a device intended to distribute sewage tank effluent concurrently and equally by gravity to multiple segments of a soil dispersal system.

(27)(29) Distribution device. “Distribution device” means a device used to receive and transfer effluent from supply pipes to distribution pipes or downslope supply pipes, or both. These devices include, but are not limited to, drop boxes, valve boxes, distribution boxes, or manifolds.

(28)(30) Distribution medium. “Distribution medium” means the material used to provide void space in a dispersal component, through which effluent flows and is stored prior to infiltration. Distribution media includes, but is not limited to, drainfield rock, polystyrene beads, chambers, and gravelless pipe.

(29)(31) Distribution pipes. “Distribution pipes” means perforated pipes that distribute effluent within a distribution medium.

(30)(32) Domestic strength waste. “Domestic strength waste” means liquid waste produced by toilets, bathing, laundry, culinary operations, and the floor drains associated with these sources, and includes household cleaners, medications, and other constituents in sewage restricted to amounts normally used for domestic purposes. Domestic waste has a biochemical oxygen demand of 175170 mg/L or less, (or carbonaceous biochemical oxygen demand of 125 mg/L or less), a total suspended solids level of 6560 mg/L or less, an oil and grease concentration of 25 mg/L or less and no hazardous wastes. Animal waste and commercial or industrial waste are not considered domestic waste.

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(31)(33) Drip dispersal system. “Drip dispersal system” means a small diameter pressurized wastewater distribution system in which the treated effluent is distributed under pressure to the infiltrative surface via drip tubing and enters the receiving environment.

(32)(34) Drop box. “Drop box” means a distribution device used for the serial gravity application of sewage tank effluent to a soil dispersal system.

(33)(35) Dwelling. “Dwelling” means any building with provision for living, sanitary, and sleeping facilities.

(34)(36) Effluent screen. “Effluent screen” means a device installed on the outlet piping of a septic tank for the purpose of retaining solids of a specific size.

(35)(37) EPA. “EPA” means the United States Environmental Protection Agency.

(3) Even Distribution. “Even Distribution” means a method that, upon activation of the SSTS, reliably distributes effluent over the entire required absorption area.

(36)(38) Existing system. “Existing system” means a system that has been previously inspected and approved by the Department or local unit of government during installation. In addition, all operating systems installed before the adoption of this Chapter are considered existing systems.

(37)(39) Faint. “Faint” means a soil color in the Munsell Soil-Color Charts:

(A) with the same hue as another soil color but that varies from the other color by two or less units of value and not more than one unit of chroma;

(B) that differs from another soil color by one hue and by one or less units of value and not more than one unit of chroma; or

(38)(40) Fecal coliform or FC. “Fecal coliform” or “FC”, for the purposes of this Chapter, means bacteria common to the digestive systems of humans that are cultured in standard tests. Counts of these organisms are typically used to indicate potential contamination from sewage or to describe a level of disinfection, generally expressed in colonies per 100 mL.

(39)(41) Fine Sand. “Fine sand” means a soil texture, as described in the Field Book for Describing and Sampling Soils, which is incorporated by reference in Section 2.2 (46) where more than 50 percent of the sand has a particle size range of 0.05 millimeters, which is a sieve size of 270, to 0.25 millimeters, which is a sieve size 60.

(40)(42) Flood fringe. “Flood fringe” means that portion of the floodplain outside of the floodway. Flood fringe is in synonymous with the Flood Insurance Study for Washington County and identified on the Flood Boundary and Floodway Maps as term “floodway fringe” used in flood insurance studies.

(41)(43) Floodplain. “Floodplain” means the area covered by a 100-year flood event along lakes, rivers, and streams as published in technical studies by local, state, and federal agencies, or in the

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absence of these studies, the estimates of the 100-year flood boundaries and elevations as developed according toby Washington County.

(42)(44) Floodway. “Floodway” means the bed of a wetland or lake, the channel of a watercourse, and those portions of the adjoining floodplain that are reasonably required to carry the regional flood discharge.

(43)(45) Flow measurement. “Flow measurement” means any method used to accurately measure water or sewage flow, including, but not limited to, water meters, event counters, running time clocks, or electronically controlled dosing.

(44)(46) Geomorphic description. “Geomorphic description” means the identification of the landscape, landform, and surface morphometry of the proposed area of the soil treatment and dispersal system as described in the Field Book for Describing and Sampling Soils: Version 2.0 (2002), developed by the National Soil Survey Center and Natural Resources Conservation Service of the United States Department of Agriculture. The field book is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system into this ordinance.

(45)(47) Graywater. “Graywater” means sewage that does not contain toilet wastes. Liquid wastes from a dwelling or other establishment produced by bathing, laundry, culinary operation, and from floor drains associated with these sources are considered graywater.

(46)(48) Graywater system. “Graywater system” means a system that receives, treats, and disperses only graywater or other similar system assystems designated as such by the commissioner.

(47)(49) Groundwater mound. “Groundwater mound” means the rise in height of the periodically saturated soil or regional water table caused by the addition of sewage effluent from a subsurface sewage treatment system into the soil.

(48)(50) Hazardous waste. “Hazardous waste” means any substance that, when discarded, meets the definition of hazardous waste in Minnesota Statutes, section 116.06, subdivision 11, Minnesota Rules 7045, or the Washington County Hazardous Waste Management Ordinance No. 166.

(49)(51) Holding tank. “Holding tank” means a tank for the storage of sewage until such time as it can be transported to a point of treatment and dispersal. Holding tanks are considered a septic system tanktanks under Minnesota Statutes, section 115.55.

(50)(52) Individual subsurface sewage treatment system or ISTS. “Individual subsurface sewage treatment system” or “ISTS” means an individuala sewage treatment system or part thereof, as set forth in Minnesota Statutes, sections 115.03 and 115.55, that employs sewage tanks or other treatment devices with final discharge into the soil below the natural soil elevation or elevated final grade that are designed to receive a sewage design flow of 5,000 gallons per day or less. ISTS also includes theall holding tanks that are designed to receive a design flow of 10,000 gallons per day or less; sewage collection systems and associated tanks that discharge into ISTS treatment and dispersal components; and privies, but. ISTS does not include any pump tanks used in a sewage collection system. ISTS does not include building sewers or other components regulatedthose components defined as plumbing under Minnesota Rules, Chapter 4715, or sewage collection systems.

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(51)(53) Inner wellhead management zone. “Inner wellhead management zone” means the drinking water supply management area for a public water supply well that does not have a delineated wellhead protection area approved by the Department of Health under Minnesota Rules, Chapter 4720, section 4720.5330.

(52)(54) Invert. “Invert” means the lowest point of a channel inside a pipe.

(4) Imminent Threat to Public Health or Safety. “Imminent Threat to Public Health or Safety” means an ISTS which discharges sewage or sewage effluent to the ground surface, drainage system, ditches, or storm water drains or directly to surface water; or causes a reoccurring sewage backup into a dwelling or other establishment; or has an electrical hazard; or includes a sewage tank with an unsecured, damaged or weak maintenance hole cover; or an ISTS that has received hazardous waste, or other safety or health hazard as determined by those authorized in Minnesota Rules Chapter 7083

(5) ISTS Failing to Protect Groundwater. “ISTS Failing to Protect Groundwater” means a seepage pit, cesspool, drywell, leaching pit or other pit; or an ISTS that has less than the required vertical separation distance as described in Section 4.3 (4) & (5); or an ISTS not abandoned in accordance with Section 23; or any other threat to groundwater quality as determined by those authorized in Minnesota Rules, Chapter 7083.

(55) Licensed advanced design business. “Licensed advanced design business” means a business that is authorized to conduct site and soil evaluations, design systems, and write management plans for all sizes and types of SSTS up to 10,000 gallons per day. (56) Licensed advanced inspection business. “Licensed advanced design business” means a business that is authorized to conduct compliance inspections and issue certificates of compliance and notices of noncompliance for all sizes and types of SSTS up to 10,000 gallons per day. (57) Licensed basic design business. “Licensed basic design business” means a business that is authorized to conduct site and soil evaluations, design systems, and write management plans for a Type I, II or III ISTS as described in Section 17 to Section 19 serving dwellings or other establishments with a design flow of 2,500 gallons per day or less. (58) Licensed installation business. “Licensed installation business” means a business that is authorized to construct, install, alter, extend, or repair all SSTS according to an approved design. (59) Licensed basic inspection business. “Licensed basic inspection business” means a business that is authorized to conduct compliance inspections and issue written certificates of compliance and notices of noncompliance for an existing Type I, II, or III ISTS as described in Section 17 to Section 19 serving dwellings or other establishments with a design flow of 2,500 gallons per day or less. (60) Licensed intermediate design business. “Licensed intermediate design business” means a business that is authorized to conduct site and soil evaluations, design systems, and write management plans for a Type I, II, III, IV or V ISTS as described in Section 17 to Section 21 serving dwellings or other establishments with a design flow of 2,500 gallons per day or less and has domestic strength waste. (61) Licensed intermediate inspection business. “Licensed intermediate inspection business” means a business that is authorized to conduct compliance inspections and issue written certificates of compliance and notices of noncompliance for an existing Type I, II, III, IV or V ISTS as described in Section 17 to Section 21 serving dwellings or other establishments with a design flow of 2,500 gallons per day or less and has domestic strength waste.

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(62) Licensed maintainer business. “Licensed maintainer business” means a business that is authorized to measure scum and sludge depths in sewage tanks for the accumulation of solids and removing these deposits; remove solids and liquids from toilet waste treatment devices; transport septage; land apply septage or dispose of septage in a treatment facility; identify problems related to sewage tanks, baffles, maintenance hole covers, extensions, and pumps and make the repairs; evaluate sewage tanks, pump tanks, distribution devices, valve boxes, or drop boxes for leakage; identify cesspools, seepage pits, leaching pits, and drywells; and clean supply pipes and distribution pipes for all SSTS. (63) Licensed service provider business. “Licensed service provider business” means a business that is authorized to measure scum and sludge depths for the accumulation of solids; identify problems related to sewage tanks, baffles, effluent screens, maintenance hole covers, extensions, and pumps and make the repairs; evaluate sewage tanks, dosing chambers, distribution devices, valve boxes, or drop boxes for leakage; and clean supply pipes and distribution pipes. Service provider businesses are also authorized to assess, adjust, and service systems for proper operation; take, preserve, store, and ship samples for analysis; interpret sampling results and report results for an SSTS; and operate sewage collections systems discharging to an SSTS. (53)(64) Liquid capacity. “Liquid capacity” means the liquid volume of a sewage tank below the invert of the outlet pipe or, for holding tanks and pump tanks, the liquid volume below the invert of the inlet.

(54)(65) Long-term sewage treatment. “Long-term sewage treatment” shall mean enough space on a lot forarea to contain two Type I or Type II soil treatment and dispersal areas.

(55)(66) Lot. “Lot” means a parcel of land designated by metes and bounds, registered land survey, plat or other means, and which description is either recorded in the Office of the Washington County Recorder or Registrar of Titles or used by the County Treasurer or County Assessor to separate such parcel from other lands for tax purposes.

(67) Maintenance permit. “Maintenance permit” means the permit issued to a licensed maintainer business prior to performing maintenance as described in Section 22. (56)(68) Management plan. “Management plan” means a plan that requires the periodic examination, adjustment, testing, and other operational requirements to meet system performance expectations, including a planned course of action in the event a system does not meet performance expectations.

(57)(69) Matrix. “Matrix” means the majority of the color in a soil horizon, as described in the Field Book for Describing and Sampling Soils, which is incorporated by reference in Section 2.2 (46).

(58)(70) Midsized subsurface sewage treatment system or MSTS. "Midsized subsurface sewage treatment system" or "MSTS" means an individuala subsurface sewage treatment system, or part thereof, as set forth in Minnesota Statutes, sections 115.03 and 115.55, that employs sewage tanks or other treatment devices with final discharge into the soil below the natural soil elevation or elevated final grade and that is designed to receive sewage from dwellings or other establishments with a design flow of greater than 5,000 gallons per day to 10,000 gallons per day. Design flows must be determined by Section 12.7. MSTS also includes on-lot septicsewage collection systems and associated tanks, holding tanks, and privies, but does not include any pump tanks used in a sewage collection system. that discharge into MSTS treatment or dispersal components. MSTS does not include those components defined as plumbing under Minnesota Rules, Chapter 4715 or sewage collection systems.

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(59)(71) Mottles. “Mottles” means the minority of the variegated colors in a soil horizon, as described in the Field Book for Describing and Sampling Soils, which is incorporated by reference in Section 2.2 (46).

(60)(72) Mound system. “Mound system” means a soil treatment and dispersal system designed and installed such that all of the infiltrative surface is installed above grade, using clean sand between the bottom of the infiltrative surface and the original ground elevation, utilizingutilizes pressure distribution and capped with suitable soil material to stabilize the surface and encourage vegetative growth.

(61)(73) MPCA. “MPCA” means the Minnesota Pollution Control Agency.

(62)(74) NPDES permit. “NPDES permit” means a National Pollutant Discharge Elimination System permit issued by the MPCA.

(63)(75) New construction. “New construction” means installing or constructing a new ISTS or altering, extending, or adding capacity to an existing systemsystem that has been issued an initial certificate of compliance.

(64)(76) Notice of noncompliance. “Notice of noncompliance” means a document written and signed by a certified inspector after a compliance inspection that gives notice that an ISTS is not in compliance with this Chapter.

(65)(77) O&G. “O&G” means oil and grease, a component of sewage typically originating from foodstuffs such as animal fats or vegetable oils or consisting of compounds of alcohol or glycerol withand fatty acids such as soaps and lotions, typically expressed in mg/L (also known as FOG, or fats, oil and grease).

(78) Operating permit. “Operating permit” means the permit issued to the owner of an SSTS that requires an operating permit as described in Section 7. (66)(79) Ordinary high water level. “"Ordinary high water level" means the boundary of water basins, watercourses, public waters, wetlands, and public waters wetlands, and:

(A) the ordinary high water level is anthe elevation delineating the highest water level that has been maintained for a sufficient periodlength of time as to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial;.

(B) for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and

(67)(80) Original soil. “Original soil” means naturally occurring soil that has not been cut, filled, moved, smeared, compacted, altered, or manipulated to the degree that the loading rate must be reduced from that associated with natural soil conditions.

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(68)(81) Other establishment. “Other establishment” means any public or private structure other than a dwelling that generates sewage that discharges into an ISTS or MSTS.

(69)(82) Other pit. “Other pit” means any pit or other device designed to leach sewage effluent that is greater than 30 inches in height or has a bottom area loading rate of sewage greater than two gallons per square foot per day.

(70)(83) Owner. “Owner” means any person having possession of, control over, or title to property with an ISTSSSTS.

(71)(84) Parent material. “Parent material” means the unconsolidated and chemically weathered geologic mineral or organic matter from which soils are developed bythrough soil forming processes.

(72)(85) Percolation rate. “Percolation rate” means the rate of a drop of water infiltrating into a test hole as specified in Section 9.7 (2).

(73)(86) Periodically saturated soil. “Periodically saturated soil” means the highest elevation in the soil that is in a reduced chemical state due to soil pores filled or nearly filled with water causing anaerobic conditions. Periodically saturated soil is determined by the presence of redoximorphic features in conjunction with other established indicators as specified in Section 9.6 (5) or (6), or determined by other scientifically established technical methods or empirical field measurements acceptable to the local unit of government in consultation with the Department or the commissioner.

(74)(87) Permit. “Permit” means a building, construction, sanitary, planning, zoning or other such permit issued for newthe construction, replacement, repair, alteration or, extension, operation or maintenance of a subsurface sewage treatment system. Permit also means , or a permit issued for the addition of a bedroom or bathroom on property served by a subsurface sewage treatment systemthe Agency. .

(75)(88) Permittee. “Permittee” means a person who is named on a permit issued pursuant to these regulations.

(76)(89) Plastic limit. “Plastic limit” means athe soil moisture content above which manipulation will cause compaction or smearing. The plastic limit can be measured by American Society for Testing and Materials, Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils, ASTM D4318 (2005). The standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.

(77)(90) Pressure distribution. “Pressure distribution” means a network of distribution pipes in which effluent is forced through orifices under pressure.

(78)(91) Privy. “Privy” means an aboveground structure with an underground cavity meetingthat meets the requirements of Section 18.43 that is used for the storage or treatment and dispersal of toilet wastes, excluding water for flushing and graywater. A privy also means a nondwelling structure containing a toilet waste treatment device.

(79)(92) Proprietary product. “Proprietary product” means a sewage treatment or distribution technology, method, or material subject to a patent or trademark.

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(80)(93) Public domain technology. “Public domain technology” means a sewage treatment or distribution technology, method, or material not subject to a patent or trademark.

(81)(94) Public waters. "Public waters" means any public waters or wetlands defined in Minnesota Statutes, section 103G.005, subdivision 15, or identified as public waters or wetlands by the inventory prepared according to Minnesota Statutes, section 103G.201.

(82)(95) Pump tank. “Pump tank” means a tank or separate compartment following thewithin a sewage tank, which receives sewage tank effluent, that serves as a reservoir for a pump. A separate tank used as a pump tank is considered a septic system tank under Minnesota Statutes, section 115.55, subdivision 1, paragraph (op).

(96) Qualified employee. “Qualified employee” means a state or local government employee who designs, installs, maintains, pumps, or inspects SSTS as part of the person’s duties. (83)(97) Redoximorphic features. “Redoximorphic features” means:

(A) a color pattern in soil, formed by oxidation and/or reduction of iron and/or manganese in saturated soil coupled with theirits removal, translocation, or accrual, which results in the loss (depletion) or gain (concentration) of mineral compounds compared to the matrix color; or

(B) a soil matrix color controlled by the presence of ferrous iron. Redoximorphic features are described in Section 9.6 (5).

(84)(98) Replacement. “Replacement” means the removal or discontinued use of any major portion of an ISTS and reinstallation of that portion of the system, such as reinstallation of a new sewage tank, holding tank, pump tank, privy, or soil dispersal system..

(99) Rock fragments. “Rock fragments” means pieces of rock greater than two millimeters in diameter that are strongly cemented and resistant to rupture. Rock fragments are commonly known as gravel, stones, cobbles, and boulders. (85)(100) SDS permit. “SDS permit” means a State Disposal System permit issued by the MPCA.

(86)(101) Sand. “Sand” means a sand soil texture, as described in the Field Book for Describing and Sampling Soils, whichSoil Survey Manual (1993) developed by the Natural Resource Conservation Service, United States Department of Agriculture. The manual is incorporated by reference in Section 2.2 (46).into this ordinance.

(87)(102) Seepage bed. “Seepage bed” means a soil treatment and dispersal system, the absorption width of which is greater than three feet but no greater than 25 feet.

(88)(103) Seepage pit. “Seepage pit” means an underground pit that receives sewage tank effluent and from which the liquid seeps into the surrounding soil.

(89)(104) Septage. “Septage” means solids and liquids removed from an SSTS and includes solids and liquids from cesspools, seepage pits, other pits, or similar systems or devices that receive sewage. Septage also includes solids and liquids that are removed from portable, incinerating, composting, holding, or other types of toilets. Waste from Type III marine sanitation devices, as

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defined in Code of Federal Regulations, title 33, section 159.3, and material that has come into contact with untreated sewage within the past 12 months is also considered septage.

(90)(105) Septic tank. “Septic tank” means any watertight, covered receptacleanyreceptacle that is designed and constructed to receive the discharge of sewage from a building sewer or preceding tank, stores liquids for a detention period that provides separation of solids from liquid and digestion of organic matter, and allows the effluent to discharge to a succeeding tank, treatment device, or soil dispersal area.

(91)(106) Serial distribution. “Serial distribution” means distribution of sewage tank effluent by gravity flow that progressively loads one section of a soil treatment and dispersal system to a predetermined level before overflowing to the succeeding section and does not place a dynamic head on the lower section of the soil treatment and dispersal system. The distribution medium is allowed to serve as a conveyance medium to the next section.

(92)(107) Setback. “Setback” means a separation distance between two points measured horizontally.

(93)(108) Sewage. “Sewage” means waste produced by toilets, bathing, laundry, or culinary operations, andor the floor drains associated with these sources, and includes but is not limited to household cleaners, medications, and other constituents in sewage restricted to amounts normally used for domestic purposes.

(94)(109) Sewage flow. “Sewage flow” means flow as determined by measurement of actual water measurement; or, if actual measurements are not available, by the best available data provided as determined by the Department.

(95)(110) Sewage tank. “Sewage tank” means a receptacle used in the containment or treatment of sewage and includes, but is not limited to, septic tanks, aerobic tanks, pump tanks, and holding tanks. Requirements for sewage tanks are described in Section 13 of this Chapter. Sewage tanks are considered a septic system in Minnesota Statutes, section 115.55, subdivision 1, paragraph (op).

(96)(111) Sewage tank effluent. “Sewage tank effluent” means the liquid that flows from a septic tank or other treatment device.

(97)(112) Site. “Site” means the area required for the proper location of the soil treatment systemSSTS.

(98)(113) Slope. “Slope” means the vertical rise or fall, expressed as a percentage from a point A to a point C divided by the horizontal distance, expressed as a percentage from point A to point B where the line from point C to point B is perpendicular to the line from point A to point B.

(99)(114) Soil dispersal area. “Soil dispersal area” means the area required for the soil dispersal system, including spacespacing between individual units or zones.

(100)(115) Soil dispersal system. “Soil dispersal system” means a system where sewage effluent is dispersed into the soil for treatment by absorption and filtration and includes, but is not limited to, trenches, seepage beds, at-grade systems, mound systems and drip dispersal systems.

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(116) Soil Survey. “Soil Survey” means the United States Department of Agriculture Natural Resources Conservation Service Web Soil Survey available online at http://websoilsurvey.nrcs.usda.gov/. (101)(117) Soil texture. “Soil texture” means the soil particle size classification and particle size distribution as specified in the Field Book for Describing and Sampling Soils, incorporated by reference in Section 2.2 (46).

(118) Structure. “Structure” means a constructed lot improvement that is intended or used for human occupancy or that is determined by the Department to: (A) Interfere with the construction, operation, or maintenance of an SSTS; or, (B) Be interfered with by the construction, operation, or maintenance of an SSTS. (102)(119) Subsoil. “Subsoil” means a soil layer that has a moist color value of 3.5 or greater and has undergone weathering and soil formation processes.

(103)(120) Subsurface sewage treatment system or SSTS. “Subsurface sewage treatment system” or “SSTS” is either an individual subsurface sewage treatment system as defined in Section 2.2 (52) or a midsized subsurface sewage treatment system as defined in Section 2.2 (6270), as applicable.

(104)(121) Supply pipe. “Supply pipe” means a nonperforated pipe, the purpose of which is to transport sewage tank effluent.

(105)(122) Systems in shoreland areas or wellhead protection areas or systems serving food, beverage, or lodging establishments, or SWF. “Systems in shoreland areas or wellhead protection areas or systems serving food, beverage, or lodging establishments”, or “SWF”, means the following three categories or systems:

(A) SSTS constructed in shoreland areas where land adjacent to public waters has been designated and delineated as shoreland in Chapter Six of the Washington County Development Code;

(B) SSTS constructed in wellhead protection areas regulated under Minnesota Statute, chapter 103I; and

(C) SSTS serving food, beverage, and lodging establishments that are required to obtain a licenses under Minnesota Statutes, section 157.16, subdivision 1, and Washington County Ordinance No. 145 or 146, and includes manufactured home parks and recreational camping areas licensed according to Minnesota Statutes, chapter 327 and Washington County Ordinance No. 147.

(106)(123) TN. “TN” means total nitrogen, which is the measure of the complete nitrogen content in - - + wastewater, including nitrate (NO3 ), nitrite (NO2 ), ammonia (NH3), ammonium (NH4 ), and organic nitrogen, expressed as mg/L.

(107)(124) TP. “TP” means total phosphorus, which is the sum of all forms of phosphorus in effluent, expressed in mg/L.

(108)(125) Ten-year flood. “Ten-year flood” means the flood which can be expected to occur, on an average, of once in ten years, or the elevation to which flood waters have a ten percent chance of rising in any given year.

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(109)(126) Toilet waste. “Toilet waste” means waste commonly disposed of in toilets, including fecal matter, urine, toilet paper, and water used for flushing.

(110)(127) Toilet waste treatment devices. “Toilet waste treatment devices” means other toilet waste apparatuses including incinerating, composting, biological, chemical, recirculating, or holding toilets or portable restrooms.

(111)(128) Topsoil. “Topsoil” means the natural, in-place organically enriched soil layer with a color value of less than 3.5 using the Munsell Soil-Color Charts.

(112)(129) Topsoil borrow. “Topsoil borrow” means a loamy soil material having:

(A) less than five percent material larger than two millimeters, No. 10 sieve;

(B) no material larger than 2.5 centimeters;

(D) adequate nutrients and pH to sustain healthy plant growth.

(113)(130) Total suspended solids or TSS. “Total suspended solids” or “TSS” means solids that are in suspension in water and that are removable by laboratory filtering, expressed as mg/L.

(114)(131) Trench. “Trench” means a soil treatment and dispersal system, the absorption width of which is 36 inches or less.

(132) Type I System. “Type I System” means a subsurface sewage treatment system that meets the prescriptive design criteria in Section 17 of this Chapter, and includes trenches, pressure beds, mounds and at grade systems with no pre-treatment ahead of the soil treatment area. (133) Type II System. “Type II System” means a subsurface sewage treatment system that meets the prescriptive design criteria in Section 18 of this Chapter, and includes systems in a floodplain with no pre-treatment ahead of the soil treatment area, holding tanks, and privies. (134) Type III System. “Type III System” means a subsurface sewage treatment system that meets the standards in Section 19 of this Chapter and does not require pre-treatment ahead of the soil treatment area, and is put on a site with less than ideal soil conditions, such as soil that has been compacted, cut, filled or otherwise disturbed. Type III systems include Graywater Systems as described in Section 19.5 of this Chapter. (135) Type IV System. “Type IV System” means subsurface sewage treatment system that meets the standards in Section 20 of this Chapter and requires pre-treatment ahead of the soil treatment area, due to high strength waste from the source or for reduced vertical separation, and uses a pre- treatment device that is registered in accordance with Minnesota Rules, Chapter 7083.4030. (136) Type V System. “Type V System” means a subsurface sewage treatment system that meets the standards in Section 21 of this Chapter and requires pre-treatment ahead of the soil treatment area and uses a pre-treatment device that is not registered in accordance with Minnesota Rules, Chapter 7083.4030. (137) Uniform distribution. “Uniform distribution” means a method that distributes effluent evenly over the entire absorption area of a component over both time and space. (115)(138) Valve box. “Valve box” means a watertight structure designed for alternate distribution of sewage tank effluent to segments of a soil treatment system.

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(116)(139) Vertical separation. “Vertical separation” means the vertical measurement of unsaturated soil or sand between the bottom of the distribution medium and the periodically saturated soil level or bedrock.

(117)(140) Watertight. “Watertight” means constructed so that no liquid can get into or out of a device except through designed inlets and outlets.

(141) Water Resources. “Water Resources” means all wetlands, streams, rivers, lakes not defined as Natural Environment, Recreational Development, or General Development Lake; Transition or Tributary River/Stream; or Wild and Scenic Rivers. (118)(142) Well capture zone. “Well capture zone” means the surface and subsurface area that supplies water to a water supply well.

(119)(143) Wellhead protection area. “Wellhead protection area” means the surface and subsurface area surrounding a well or well field that supplies a public water system, through which contaminants are likely to move toward and reach the well field as regulated under Minnesota Rules, Chapter 4720. For the purposes of this chapter, wellhead protection area is that area bounded by the drinking water supply management area as regulated under Minnesota Rules, Chapter 4720.

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SECTION 3 ADMINISTRATION

3.1 Administrative scope. This chapter shall apply and be in effect in all areas in Washington County other than cities and towns that have adopted ordinances that comply with Minnesota Statute Section 115.55, Minnesota Rules, Chapter 7082, and are as strict as this Chapter. Pursuant to Chapter One of the Washington County Development Code, the Washington County Department of Public Health and Environment shall be the Administrator of these regulations. SSTS must be designed, constructed and operated according to this Chapter.

3.1 SSTS must be designed, constructed and operated according to this Chapter, except as modified through a local ordinance in compliance with Minnesota Rules, Chapter 7082, Minnesota Statutes, section 115.55, and this Chapter.

3.2 Qualifications. SSTS, including both ISTS and MSTS, must be designed, installed, inspected, pumped, servicedmaintained, repaired, and operated by licensed businesses and certified individuals meeting the qualifications in Minnesota Rules 7083.0700 to 7083.2040 and any other. SSTS must conform to all applicable state orlaws and rules and local requirements.

3.3 Federal regulations. SSTS that are designed to receive sewage or nonsewage from a two family dwelling or greater or receive sewage or nonsewage from another establishment that serves more than 20 persons per day, are regulated by the United States Environmental Protection Agency as Class V injection wells under Code of Federal Regulations, title 40, parts 144 and 146. Code of Federal Regulations, title 40, parts 144 and 146, prescribe additional design regulations applicable to certain systems designed under this Chapter. In addition, single family dwellings that receive nonsewage wastewater are regulated by these federal regulations. All systems that receive hazardous wastes are regulated by the Unites States Environmental Protection Agency as Class IV injection wells. Disposal of hazardous waste must be according to state and federal regulations. The owner or owner’s agent of a new or replacement system classified as a Class V injection wells shall submit to the commissioner of the MPCA and the United States Environmental Protection Agency the inventory information specified in Code of Federal Regulations, title 40, section 144.26. All Class V injection wells must be identified as such in property transfer disclosures.

3.3 Variance procedures. If the Department finds that by reason of exceptional circumstances, the strict enforcement of any provisions of this Chapter would cause undue hardship or that strict conformity with the standards would be unreasonable, impractical, or not feasible under the circumstances, the Department may permit modifications in individual cases based on conditions it may prescribe for prevention, control or abatement of pollution. The Department or local unit of government cannot issue variances for Sections 4.1, 4.7, 4.8, 4.9, 4.10, and Sections 16.2 (1) through Section 16.2 (4). The Department or local unit of government can grant a variance for Section 4.98 (4) (A) for replacement MSTS serving existing dwellings or other establishments..

3.4 Board of adjustment and appeals. Consistent with the procedures in Chapter One of the Washington County Development Code, Section 6.1 (1), the Washington County Board of Adjustment and Appeals shall hear and decide appeals of any order, decision or determination made by the departmentDepartment regarding the enforcement of this Chapter. Appeals of any administrative decision or determination may be filed by any person, county department, or township. All requests for a variance to requirements of this Chapter shall follow the procedure in Chapter One of the Washington County Development Code.

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3.2 Consistent with the procedures in Chapter One, Section 6.1 (2), the Washington County Board of Adjustment and Appeals shall hear and decide all requests for variance to the requirements of this Chapter.

3.5 Adherence to these standards All subsurface sewage treatment systems installed subsequent to the adoption of this Chapter and all alterations, extensions, modifications or repairs to existing systems irrespective of the date of original installation shall be regulated in accordance with all requirements of this Chapter.

3.6 MSTS qualifications. All MSTS must be designed and operated according to this Chapter. All MSTS must be designed, installed, inspected, pumped and operated by a qualified employee in accordance with the requirements in Minnesota Rules Chapter 7083, or a licensed businesses meeting the qualifications of Minnesota Rules, Chapter 7083. All MSTS must conform to applicable state statutes and rules. All septage generated from MSTS must be treated and dispersed to applicable standards for septage in Code of Federal Regulations, title 40, part 503, and any local requirements.

Any new or existing system which discharges3.7 Collection Systems. Collection of greater than 2,500 gallons per day of sewage from multiple buildings or multiple other establishments discharging into an SSTS must be: (1) Designed according to surface watersPrescriptive Designs and Design Guidance for Advanced Designers, incorporated by reference under Section 5.2(4); or the ground surface (2) Designed by a Minnesota licensed professional engineer.

3.8 MSTS septage All septage generated from MSTS must be treated and dispersed to applicable standards for septage as set forth in Code of Federal Regulations, title 40, part 503, and any local requirements.

3.9 SDS permit required. (1) The owner or owners of a single SSTS, or a group of SSTS under common ownership must obtain either an NPDES or an SDS permit from the MPCA and shall comply with all NPDES or SDS requirements.agency according to Minnesota Rules, Chapter 7001 when all or part of the proposed or existing soil dispersal components are within one-half mile of each other and the combined flow from all proposed and existing SSTS is greater than 10,000 gallons per day. For proposed SSTS, the flow must be determined according to Section.3.9(3). For existing SSTS, the flow is determined by the greater of:

(A) The average maximum seven-day measured flow; or (B) The flow determined according to Section 3.9(3). (2) An SDS permit is required for any subsurface sewage treatment system or group of subsurface sewage treatment systems that the commissioner determines has the potential or an increased potential to cause adverse public health or environmental impacts if not regulated under a state permit. Conditions for these permits include systems in environmentally sensitive areas, unsubstantiated or unexpected flow volumes, and systems requiring exceptional operation, monitoring, and management. (3) Flow amounts to calculate whether an SDS permit is required must be determined according to Section 12.4 to 12.10. The highest calculated value of the various methods in Table II of Section 12 must be used to make this determination. An SDS permit is not required if a factor of safety is added to the design flow that results in a design flow that is in excess of the SDS permit threshold.

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3.10 Other state regulations. MSTS must conform to all applicable state statutes and rules. MSTS serving establishments licensed or regulated by the State of Minnesota, or MSTS owned by the State of Minnesota, must conform to this Chapter.

3.11 Local regulations. Any SSTS requiring approval from the State of Minnesota shallmust also comply withmeet all requirements ofset forth in this Chapter, and in all other local codes and ordinances.

3.12 Work done without permit. Where work requiring a permit under this Chapter has commenced without first having obtained such permit, work shall be ordered to stop by the Department until all required permits have been approved and issued.

3.13 Authorized access. To enforce this Chapter, the Department or its authorized agent may enter aany building, or come on to property, or a place where there is reason to suspect that a subsurface sewage treatment system is failing to protect groundwater or an imminent threat to public health and safety.

3.14 Permit fees. Fees for permits, operating permits, inspections required, or other services rendered under this Chapter shall be establishedset by the Washington County Board of Commissioners.

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SECTION 4 COMPLIANCE CRITERIA

4.1 Treatment required. Sewage discharged from a dwelling, group of dwellings, or other establishment that is not served by a system issued aan operating permit containing effluent and discharge limits or specific monitoring requirements by the Department or Agency must be treated according to applicable requirements.

4.2 Compliance criteria for new construction. An SSTS regulated under a current permit is considered compliant if it meets the applicable requirements of Section 16 to Section 21.

4.3 Compliance criteria for existing systems. To be in compliance, an existing SSTS must meet the provisions of this subpart.

(1) The SSTS must be protective of public health and safety. A system that is not protective is considered an imminent threat to public health or safety. At a minimum, a system that is an imminent threat to public health or safety is a cesspool, seepage pit, drywell or leaching pit, a system with discharge ofsystem which discharges sewage or sewage effluent to the ground surface, drainage systems, ditches, or storm water drains or directly to surface water; systems that cause a reoccurring sewage backup into a dwelling or other establishment; systems withwhich pose electrical hazards; orsystems which have sewage tanks withthat are unsecured, damaged, or with weak maintenance hole covers. A determination of protectiveness for other conditions must be made by a qualified employee of the Department or licensed inspection business.

(2) The SSTS must be protective of groundwater. A system that is not protective is considered a system failing to protect groundwater. At a minimum, a system that is failing to protect groundwater is a system that is a seepage pit, cesspool, drywell, leaching pit, or other pit;,; a system with less than the required vertical separation distance described in Section 4.3 (4) and Section 4.3 (5) of this Section; and a system not abandoned in accordance with Section 2324. A determination of the threat to groundwater quality for this and other conditions must be made by a qualified employee of the Department or local unit of government or licensed inspection business.

(3) The SSTS must be operated, meet performance standards, and be managed and operated according to its operating permit.

(4) SSTS built after March 31, 1996, or in an SWF area as defined in Section 2.2 (109122), shall have a three (3) foot vertical separation. No more than a fifteen (15) percent reduction in the vertical separation distance is allowed to account for settling of sand or soil, normal variation of measurements, and interpretations of the limiting layer conditions.

(5) SSTS built before April 1, 1996, in areas that are not SWF areas as defined in Section 2.2 (109122), must have at least two (2) feet of vertical separation.

(6) The vertical separation measurement for Section 4.3 (4) and Section 4.3 (5) shall be measured outside of the area of system influence in an area of similar soil and on the same contour elevation.

(7) An existing systemSSTS which is found to be an imminent threat to public health and safety by either a qualified employees of the Department, local unit of government, or a licensed inspection business, is hereby declared to be a public health nuisance and shall be abated within ten (10) days from the date the Owner is given notice. The system shall be repaired, upgraded, replaced or its use

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discontinued within thirty (30) days ofninety (90) days from the date the Department gives the Owner notice and order to comply by the Department. Any further discharge of effluent must be stopped immediately prevented within ten (10) days (by such methods as reducing or stopping all water use or pumping the tank as necessary) until such time as the system is corrected.

(8) Any existing system which is found to be failing to protect groundwater shall be replaced or otherwise brought into compliance within ninety (90) daystwelve (12) months of notice and order to comply by the Department.

(9) An existing system that is not otherwise considered an imminent threat to public health and safety and which was constructed under a permit issued by the Department, or other local unit of government that verified that the required vertical separation existed at the time of installation, need not be upgraded, repaired, replaced, or its use discontinued notwithstanding the fact that at the time of a compliance inspection, there appears to be less than the required vertical separation between the system bottom and any limiting layer. if all of the following can be verified in the historical permit record:

(A) Complete soil testing, including soil borings and percolation tests were conducted at the time of the design and installation; (B) The soil observations are consistent with the Soil Survey; (C) The County verified that three feet of vertical separation existed at the time of installation by conducting verification soil observations and notes indicating such verification are present in the permit record; (D) The system was installed in the proper location where complete soil testing and the County’s verification soil observation were conducted and approved; and (E) The system was installed at the maximum depth allowed by the permit.

4.4 Compliance criteria for systems with a flow of greater than 2,500 gallons per day. In addition to the requirements under Section 4.3, systems designed under Section 16.4 must demonstrate that the additional nutrient reduction component required under those itemsthat section is in place and functioning.

4.5 Compliance criteria for systems receiving replacement components. Components of an existing system that result in the system being in noncompliance must be repaired or replaced according to this Chapter. The repaired or replacementreplaced components must meet the technical standards and criteria of this Chapter. The remaining components of the existing system must result in the system being in compliance with Section 4.3. If a compliantan existing sewage tank is to be used with the design of the new soil dispersal system, the tank must also be baffled and be, watertight, and the manhole cover brought to grade.

New construction4.6 MSTS General. Newly constructed, replacement, or existing MSTS designed under this Chapter are considered conforming if they meet the requirements of this Chapter. Existing MSTS constructed before the effective date of this Chapter are considered conforming if they meet the requirements of this Section, except for Section 4.98 (4) and Section 4.98 (5).

4.7 Public health and safety; imminent threat. (1) To be in compliance, all MSTS must:

(A) have treatment processes and devices that do not allow sewage or sewage effluent contact with humans, insects, or vermin;

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(B) disperse sewage effluent into our soil or sand below final grade, with the effluent remaining below final grade;

(C) not discharge to drainage tile, the ground surface, or surface water or back up sewage into dwellings or other establishments;

(D) treat and disperse sewage effluent in a safe manner, including protection from physical injury and harm; and

(E) not have received hazardous material.

(2) MSTS must be considered an imminent threat to public health and safety for noncompliance with Section 4.7 (1) and any other condition that poses an imminent threat as determined by a qualified employee of the Department or licensed MSTSadvanced inspection business.

4.8 Groundwater protection. To be in compliance, all MSTS must:

(1) maintain a zone of unsaturated soil between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock during loading of effluent, as described in Section 16.5 (9).

(1) meet the requirements of Section 4.3 (4) (3)(2) not be seepage pits, cesspools, drywells, leaching pits, sewage tanks, and treatment vessels that observably leak below the designated operating depth;

(4)(3) not allow viable fecal organisms to contaminate underground waters or zones of seasonal saturation;

(5)(4) employ nitrogen reduction processes that reduce nitrogen contribution to groundwater as determined: in subitems (A) and (B):

(A) if the discharge from an MSTS will impact water quality of an aquifer, as defined in Minnesota Rules, Chapter 4725.0100, subpart 21, the effluent from an MSTS, in combination with the effective recharge to the groundwater, must not exceed a concentration of total nitrogen of 10 mg/L or greater at the property boundary or nearest receptor, which is closest; orand

(B) if the discharge from an MSTS will not impact water quality of an aquifer, as defined in Minnesota Rules, Chapter 4725.0100, subpart 21, best management practices developed by the Commissioner to mitigate water quality impacts to groundwater must be employed; and

(6)(5) not exceed a groundwater discharge of phosphorus to a surface water that exceeds the phosphorus standard to the receiving water.

4.9 Other conformance. To be in compliance, all MSTS must meet the following requirements:

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(1) All methods and devices used to treat and disperse sewage must be designed to conform to all applicable federal, state and local regulations.

(2) Systems no longer in use must be abandoned according to Section 2324.

4.10 System operation. To be in compliance, MSTS must meet performance standards and be operated and managed according to its operating permit and management plan, as described in Section 22.1. To be in compliance, an MSTS designed before the effective date of this ChapterFebruary 4, 2008 must be operated according to applicable requirements in Section 22.

4.11 Compliance criteria for systems receiving replacement components. Components of existing MSTS that cause non-compliance must be repaired or replaced. The repaired or replaced components must meet technical standards and criteria of this Chapter. The remaining components must comply with Section 4.1 to Section 4.10, including Section 4.9 (4), if10if constructed after the effective date of this ChapterFebruary 4, 2008.

4.12 Upgrade requirements. (1) MSTS in compliance with this Chapter shall be issued a certificate of compliance. MSTS found not in compliance with this Chapter shall be issued a notice of noncompliance.

(2) MSTS issued a notice of noncompliance based on the criteria in Sections 4.7 and 4.8 shall be repaired oreor replaced within 30 days in accordance with Section 4.3 (7) of this Chapter or as directed by Minnesota Statutes, Chapter 145A, whichever is more restrictive.

(3) MSTS issued a notice of noncompliance based on criteria in Section 4.98 or Section 4.109 shall be repaired or replaced according toin accordance with Section 4.3 (8) of this chapter.

(4) Systems issued a notice of non-compliance based on criteria in Section 4.1110 must immediately be maintained, monitored, or managed according toput into compliance with the operating permit.

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SECTION 5 ACCEPTABLE AND PROHIBITED DISCHARGES

5.1 Sewage. This Chapter provides design standards for SSTS that receive sewage. If an SSTS receives both sewage and nonsewage, the requirements of this chapter and requirements governing the nonsewage portion of the water apply.

5.2 System influent. 5.1 Footing or roof drainage and chemically treated hot tub and pool water must not be discharged into any part of the system.

5.2 Products containing hazardous SSTS. Hazardous waste must not be discharged to a system,an SSTS. Products containing hazardous chemicals must not be discharged to an SSTS other than in normal amounts of household products and cleaners designed for household use. Substances not intended for use in household cleaning, including but not limited to, solvents, pesticides, flammables, photo finishing chemicals, paint, and dry-cleaning chemicals must not be discharged to the systemSSTS. Other unused products or substances, or unused medicines, must not be discharged to the system solelySSTS as a method of disposal method.

(1) . Floor drains from garages serving dwellings, vehicle maintenance businesses, or any other floor drain that haswould have the potential to introduce hazardous waste into the systemSSTS, must not be connected to the systemSSTS.

(2) An ISTS must be designed to provide additional treatment if: (A) Raw sewage exceeds 300 mg/L BOD, 200 mg/L TSS, or 50 mg/L oil and grease; or (B) Sewage tank effluent applied to the soil from the sewage tank or other secondary treatment device is greater than the concentrations in Section 12.11. (3) Additional treatment must be designed by a Minnesota licensed professional engineer or according to the recommendations in the Prescriptive Designs and Design Guidance for Advanced Designers, which is incorporated by reference, or must use a product registered under Minnesota Rules, Chapter 7083. (4) Prescriptive Designs and Design Guidance for Advanced Designers, Minnesota Pollution Control Agency (October 2013 and as subsequently amended), is made a part of this ordinance by reference, is subject to frequent change, and is available at www.pca.state.mn.us/programs/ists/technical.html.

5.3 Domestic waste. Only domestic strength waste shall be discharged to a soil dispersal and treatment area. Sewage tank effluent with a waste strength higher than domestic waste shall be pre-treated to a level equal to or less than domestic waste prior to final treatment and disposal in a soil treatment and dispersal area.

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SECTION 6 PERMITS

6.1 Building Permit requirements. No construction shall be allowed by any local unit of government until the permit required for the subsurface sewage treatment system has been issued.

6.2 Compliant system or permit issued. No additions, enlargements, improvements, or remodeling involving fifty (50) percent or more of the structure, or alterations that would affect the water use, such as bedrooms, bathrooms or additions to living space (excluding such areas as screen porches, entry ways, decks, attics, patios, nonhabitable storage space) shall be allowed until the subsurface sewage treatment system has been determined to be both adequate and conforming or a permit for a new treatment system has first been issued.

6.3 Permit required. Permits shall be required for subsurface sewage treatment systems as followsin the following instances:

(1) All new installations of sewage tanks, soil dispersal and treatment areas, and components thereof;

(2) All repair, extension, replacement or modification of existing systems and components; or

(3) Any change in use of a facility served by a subsurface sewage treatment system.

6.1 Permits shall not be required for normal routine inspection and maintenance of approved individual subsurface sewage treatment systems that do not require an operating permit.

6.4 Permit application. Permit applications shall be made in writing on forms provided by the Department and shall contain data, including, but not limited to, to be considered a completed permit application:

(1) Correct legal description of the property, including Property Identification Number or GEO Code;

(2) Site plan, drawn to scale, showing the location of all proposed and existing structures, property lines, water supply wells within 100 feet, terrain features, such as blufflines, water bodies or water ways, buried utilities, easements, and other unique features of the site;

(3) Soil test date, including soil boring logs, percolation test data with field notes (where required) and location and identification of test area.

(4) Plans and details of the proposed installation of work, including engineering data and final design.

(5) Building plans showing existing and proposed room arrangement and uses.

(6) For other than dwellings, calculated or measured water use rates, occupancy and occupant load.

(7) In certain cases, a property survey may be required identifying property characteristics and including such items as elevations, contour lines, normal high water marks, and ten (10) year and one hundred (100) year flood elevations.

(8) Evidence of compliance with state or other jurisdiction regulations where applicable.

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(9) (9) A management plan for the proposed system, as described in Section 22.1.

(10) A site grading plan.

6.5 Site plan required. No permit will be issued until a detailed system design is submitted for the current proposed construction, including site plan, a management plan and at least one current soil boring ifobservations. If previous soil observations have been conducted and meet this Chapter, and there is no reason to believe the soil conditions have been altered since the original soil testingchanged, those soil observations may be used, in lieu of current soil observations, for the design of the proposed SSTS.

6.6 Permit time limit. Permits shall be valid upon issuance and shall continue for a period of one (1) year. After one (1) year, the permit may be renewed if no changes are proposed. Such renewal shall require reapplication and payment of the established fee.

6.7 Permit revocation. Permits issued under this Chapter may be revoked upon written notice by the department when such permit has been issued based on erroneous or inaccurate data supplied by the applicant or erroneous interpretation of the law by a building official.

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SECTION 7 OPERATING PERMITS

7.1 Operating permit required. Operating permits are required for the following systems:

(1) Type III Systems

(1) Type IV Systems

(2) Type V Systems

(3) All MSTS

(2) Holding tanks as described in Section 18.5.

(4) Food, Beverage and Lodging Establishments that discharge high-strength waste to the soil treatment area.

(3) Hazardous Waste Generators with subsurface sewage treatment systems.

7.2 Operating permits issued. Operating permits will be issued by the Department or the local unit of government.

7.3 Operating permit criteria. Operating permits mustmay include:

(1) Maintenance requirements, including frequency of maintenance.;

(2) Operational requirements.;

(3) Monitoring requirements; (3)(4) Compliance limits and compliance boundaries.;

(4)(5) Reporting frequency.;

(5)(6) A requirement that the permittee notify the Department or local unit of government when permit requirements are not met. Corrective actions must be taken as directed by the Department of local unit of government.;

(6)(7) Disclosure of the location and condition of the additional soil treatment and dispersal system; and

(7)(8) A stipulation of acceptable and prohibited discharges. (9) Any other requirement determined by the Department to be necessary to ensure that public health and the environment are being adequately protected.

7.4 Operating Permits SSTS for which an operating permit has been issued, must be operated in accordance with the operating permit.

7.5 MSTS Maintenance

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MSTS and other establishments must be maintained this Section 22.

7.6 Grease Interceptors. All external grease interceptors must be routinely inspected to determine the volume of grease present. All external grease interceptors must be properly maintained to prevent clogging of downstream piping and system components.

7.7 Operation and Maintenance Manual. For all MSTS constructed after the effective date of this Chapter, the designer must complete an operation and maintenance manual and the manual must be submitted to the Department or the local unit of government before system operation. The manual shall include a copy of the plans and specifications, as-built drawings of the system, and information to properly operate the system.

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7.8 Groundwater Monitoring. All groundwater shall be monitored in accordance with Section 11.

7.9 Noncompliance. Any operational noncompliance must be immediately corrected and reported by the owner or service provider to the Department.

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SECTION 8 INSPECTIONS

8.1 Required inspections. Inspections as required to determine compliance with this Chapter shall be performed by the Department or its authorized agent underin the following circumstances:

(1) Site inspections to verify and evaluate soil and site conditions and to determine the suitability of soils and system design prior to permit issuance.

(2) Necessary investigationInvestigations to determine compliance of existing systems at the time of remodeling, of alteration, or of additions to a dwelling.

(3) For all new SSTS construction or replacement.

(4) Mound systems require a minimum of three construction inspections:

(A) When the original soil under the mound has been roughened, but prior to placement of the sand fill. Enough of the proposed sand fill must be present to be viewed.

(B) After placement of rock and piping, but prior to cover.

8.2 Time of inspections. Installation inspections shall be made by the Department prior to any work having beenbeing covered by backfill.

8.3 Inspection scheduling. The licensed installation business shall be responsible to notify the Department a minimum of twenty-four (24) hours prior to the time work is ready for inspection or reinspection.

8.4 Work backfilled before inspection. Work which is backfilled prior to a required inspection may be ordered to be uncovered whenever the Department deems it necessary to determine compliance.

8.5 Correction orders. If upon inspection any part of the system is determined not to be in compliance with this Chapter, written notice shall be provided by the Department indicating the deficiency and the required corrections. Noted deficiencies shall be properly corrected and reinspected before any other work on the project is continued.

8.6 System placed into service No system shall be placed or replaced or placed in service until a final inspection has been completed and the system installation has been approved.

8.7 Department access. The owner or occupant of a property shall be responsible to provide access at a reasonable time to the Department or its authorized agent for the purpose of performing inspections required under this Chapter.

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8.8 As-builts. The Contractor, upon completion of installation, shall file with the Department as-built drawings indicating the location of system components dimensioned from a permanent reference point.

8.9 Disclosure. If an inspection is conducted as a part of preparation of the disclosure required by Minnesota Statutes 115.55, subd. 6 and such inspection is conducted by a party who is not the property owner, such party must be licensed in accordance with MPCA rules and regulations and the notice of compliance or noncompliance provided to the property owner must also be provided to Washington County within thirty (30) days of the inspection.

8.10 Compliance Inspectionsinspection; new construction or replacement. (1) A compliance inspection for all new construction or replacement must be conducted:

(A) to ensure compliance with applicable requirements; (B) prior to the transfer of any real property, unless the age of the system is less than 5 years., prior to the transfer of any real property;

(1) for all new construction or replacement;

(D) by a qualified employee or licensed inspection business, authorized by the Department or local unit of government, who is independent of the owner and the installer; and

(E) for an evaluation, investigation, inspection, recommendation, or other process used to prepare a disclosure if conducted by a party who is not the system owner. The disclosure action constitutes a compliance inspection and must be conducted according to Minnesota Rules, Chapter 7082;

(2) (F) when deemed necessary by the Department to ascertain the compliance of an existing system.

A licensed inspection business that inspects an existing SSTS is allowed to subsequently design and install a new SSTS for that property, provided the inspection business is also licensed to design and install. (2) A licensed inspection business working on behalf of the Department or local unit of government must not design or install a system if there is likelihood that the inspector or business will be responsible for permitting or inspecting the system or system site. (3) An licensed SSTS business may inspect an existing system which they installed once it has been independently inspected and found to be compliant. (2)(4) A person working for or on behalf of the Department or local unit of government is not allowed to use the person's position to solicit business for private business gain.

8.1 An appropriately licensed SSTS business may inspect an existing system which they installed once it has been independently inspected.

8.11 Certificate of compliance; notice of noncompliance.

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(1) SSTS in compliance with applicable requirements must be issued a certificate of compliance and systems found not in compliance must be issued a notice of noncompliance. SSTS not in compliance with Section 4.3 (1) or Section 4.7 must be repaired or replaced within 3090 days from notice by the Department or as directed under Minnesota Statutes, chapter 145A. Systems out of compliance with other applicable requirements must be repaired or replaced according to local ordinance requirements.this Chapter or other local ordinances as strict as this Chapter. Systems issued a notice of noncompliance for operational or monitoring deficiencies must immediately be maintained, monitored, or managed according to the operating permit.

(2) The initial certificate of compliance must be issued if reasonable assurance is evident that the system was built according to applicable requirements as specified in the construction permit and an as-built as required by Section 8.8 is submitted to the Department.

(3) A Management Plan, as described in Section 22.1, must accompany a compliance inspection report in order for a Certificate of Compliance to be issued by the Department or local unit of government. (3)(4) The certificate of compliance for new construction and replacement must include the vertical separation distance report described in Section 8.14 (2)(13(3)B), and the management plan developed under Section 22.1. All certificates of compliance and notices of noncompliance for new construction and replacement must include property and property owner identification, date of inspection, system components, system location (dimensioned or drawn to scale), well setback distance, field check of soil conditions, SWF, as defined under part Section 2.2 (109122), designations as applicable, and Class V designation as applicable.

(4)(5) A certificate of compliance or notice of noncompliance for new construction or replacement must be signed by a qualified employee certified as an inspector who is authorized by the Department or local unit of government. The certificate of compliance or notice of noncompliance for new construction and replacement must be submitted to the owner or owner's agent within 15 days. The certificate of compliance or notice of noncompliance for new construction and replacement must be submitted to the owner or owner’s agent within 15 days after any compliance inspection.

(5)(6) A certificate of compliance or notice of noncompliance must include a certified statement from the qualified employee who conducted the compliance inspection and indicate whether the SSTS is in compliance with this Chapter.

(6)(7) If a compliance inspection for new construction or replacement indicates that the system is not in compliance with applicable requirements, the notice must contain a statement to this effect and specify the reason for noncompliance.

(7)(8) Certificates of compliance for new construction or a replacement system remain valid for five years from the date of issuance unless the Department or local unit of government finds evidence of noncompliance.

Certificate of compliance; notice of noncompliance8.12 Compliance inspections; existing systems.

(1) A compliance inspection of an existing system must be conducted: (A) Prior to the transfer of any real property, unless the age of the existing system is less than 5 years; (B) When deemed necessary by the Department to ascertain the compliance of an existing system.

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(2) A compliance inspection of an existing system must first determine whether the soil dispersal system, sewage tanks, or conditions pose an imminent threat to public health and safety. A determination must then be made as to whether the sewage tanks and soil dispersal area are failing to protect groundwater. The agency's existing SSTS inspection must also verify compliance with Section 4.3 (3). (3) The Agency’s inspection report forms shall be form for existing SSTS supplemented with any necessary or locally required supporting documentation, must be used for the existing system compliance inspections in subitems (A) to (D). Allowable supporting documentation includes tank integrity assessments made within the past three years and prior soil separation assessments.

(1) An inspection for existing SSTS must verify the conditions in subitems (A) to (C).

(A) Sewage tanks must be assessed for leakage below the operating depth. A leakage report must be completed that includes the method or methods used to make the assessment. The A tank integrity and safety compliance assessment must be madecompleted by either a licensed SSTS inspection, maintenance, installation or service provider business, except a design business, or a qualified employee with an SSTS certification, except as a designer. A passing report inspector with jurisdiction. An existing compliant tank integrity and safety compliance assessment is valid for three years unless the certified individual has reason to believe that a new inspection is to be conducted and the tank is found not to be watertighta new evaluation is requested by the owner or owner’s agent or is required by the Department or local unit of government.

(A) The vertical A soil separation distance from the bottom of the soil dispersal system and the periodically saturated soil or bedrockcompliance assessment must be verified. This verificationcompleted by a licensed inspection business or a qualified employee inspector with jurisdiction. Compliance must be achieved bydetermined either by conducting new soil borings or by prior verifications by soil separation documentations made by two independent parties. The soil borings used for system design or previous inspections qualify as a verification. A vertical separation distance report must be completed that includes the method or methods used to make the assessment and includes any previous soil borings. The assessment must be made by either a licensed inspection or design business or a qualified employee inspector with jurisdiction. are allowed to be used. If the verification soil separation report consists of verifications has been determined by two independent parties, a subsequent verificationdetermination is not required unless requested by the inspector has reason to believe a noncompliant condition exists.

(B) Sewage backup, surface seeping, or surface discharge fromowner or owner’s agent or required by the system must be determined. ADepartment or local unit of government. (C) Determination of hydraulic function reportperformance and other compliance in Section 4.3(1) must be completed that includes the method or methods used to make the assessment. The assessment must be made by by either a licensed inspection business or a qualified employee with an inspector certification.inspector with jurisdiction. (B)(D) A determination of operational performance and other compliance in Section 4.3 (4) and Section 4.4, must be completed by a licensed advanced inspection business, a qualified employee with an advanced inspector certification with jurisdiction, or a service provider. A passing report is valid until a new inspection is requested or if the hydraulic performance is believed to have changed.

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(4) A certificate of compliance or notice of noncompliance for an existing system compliance inspection shallmust be based on the results of the verifications in item 23. The certificate of compliance or notice of noncompliance for an existing system compliance inspection must be signed by a licensed inspection business or a qualified employee certified as an inspector with jurisdiction. The certificate or notice for an existing system compliance inspection must be submitted to the Department or local unit of government with jurisdiction and the property owner or owner's agent no later than 15 days after a compliance inspection. The completed form must also be submitted to the owner or owner's agent. The certificate of compliance for an existing system compliance inspection is valid for three years from the date of issuance, even if one of unless a new inspection is requested by the supporting reports expires beforeowner or owner’s agent or is required by the three-year period, unless an inspector finds evidence of noncomplianceDepartment or local unit of government.

(5) If a compliance inspection for an existing system indicates that the system is noncompliant, the notice must be signed by a licensed inspection business or qualified employee certified as an inspector andwith jurisdiction, contain a statement to that effectof noncompliance and specify what must be done to achieve compliance.the reason for noncompliance or each component as specified in Section 8.13(3).

8.13 Periodically saturated soil disagreements.

(1) If a documented discrepancy arises on the depth of the periodically saturated soil between licensed businesses for SSTS design or compliance purposes, all disputing parties must follow the procedure outlined in this subpart.

(2) One or more of the methods in units (A) to (C) must be employed.

(A) Obtain an opinion from a qualified employee of the Department or local permitting authority with jurisdiction, if the Department or local permitting authority is willing to provide an opinion.

(B) Obtain an opinion from an SSTS technical evaluation committee, if a committee has been developed for this purpose and is available and willing to render an opinion. The committee must be created in cooperation with the commissioner.

(C) Obtain an opinion from a Minnesota licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties.

(D) If options under Section 8.1513 (2)(A) or Section 8.15 13(2)(B) are not viable, an opinion must be rendered under Section 8.15 13(2)(C).

(3) If opinions rendered in items Section 8.1513 (1) or Section 8.1514 (2) do not resolve the dispute, all initial and follow-up documents and information generated must be submitted to the Department or local unit of government. The Department or local unit of government shall take into consideration all information and opinions rendered and make a final judgment. The Department or local unit of government shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions it renders.

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(4) If a documented discrepancy arises on the depth of the periodically saturated soil between an SSTS licensed business and the Department or local unit of government for SSTS design or compliance purposes, all disputing parties shall follow the procedure outlined in this item.

(A) The Department or local unit of government and the licensed business must meet at the disputed site in an attempt to resolve differences.

(B) If the provision in Section 8.1513 (4)(A) does not resolve differences, then one or more of the methods in Section 8.1513 (2)(B) or Section 8.1513 (2)(C), are allowed to be employed.

(C) If opinions in Section 8.1513 (4)(B) are not sought or do not resolve the dispute, the Department or local unit of government shall take into consideration all information and opinions rendered and make a final judgment. The Department or local unit of government shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions they render.

(5) (5) Upon resolution of a dispute, amendments to initial disputed documents containing the resolution shall be made and submitted to the Department or local unit of government and all other parties involved.

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SECTION 9 SITE EVALUATION AND SOIL TESTING

9.1 Design Phase I; Site Evaluation. Site evaluations consisting of preliminary and field evaluations according to parts this Section must be conducted for all proposed sites for SSTS, including both ISTS and MSTS. The site evaluation is considered the first phase of an SSTS design.

9.2 Preliminary Evaluation. A preliminary evaluation for individual subsurface sewage treatment systems shall consist of determination, location, or existence of the following items:

(1) (1) Design flow for, anticipated effluent concentrations of biochemical oxygen demand, total suspended solids, oil and grease, and anticipated presence of nondomestic waste from the dwelling, dwellings, or other establishments.

(2) (2) Proposed or existing:

(A) (A) Water supply wells within 100 feet of the proposed SSTS;

(B) (B) Existing and proposed buildings or improvements on the lot; and,

(3) (3) Easements on the lot.

(4) (4) The ordinary high water level of public waters, if adjacent to the lot.

(5) (5) Floodplain designation and flooding elevation from published data or data that is acceptable to and approved by the Department or local unit of government or the DNRMinnesota Department of Natural Resources, if applicable.

(6) (6) Property lines.

(7) (7) All required setbacks from the system.

(8) (8) The soil characteristics at the proposed soil treatment and dispersal areas as obtained by the soil survey report, including the soil map, map units, landscape position, parent material, flooding potential, slope range, periodically saturated soil level, depth to bedrock, texture, color, depth to redoximorphic features, and structure and consistence of soil horizons.

(9) (9) A geocode or property identification number.

(10) (10) Names of property owners.

(11) (11) The inner wellhead management zone or wellhead protection area of a public water supply, if applicable.

9.3 Field Evaluation. A field evaluation for an individual subsurface sewage treatment system shall consist of the following items:

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(1) (1) Lot lines. Lot lines shall be confirmed in the field using the most recent document source.established to satisfaction of the property owner or owner’s agent . Lot improvements, required setbacks, and easements must be identified.

(2) (2) Surface features. The following surface features must be described:

(A) (A) The percent and direction of the slope of the proposed system location.

(B) (B) Vegetation types.

(D) (D) The flooding or run-on potential.

(E) (E) A geomorphic description.

9.4 Minimum Size, Soil Treatment Area . For new subdivision or lot approval testing, enough soil observations must be conducted to assure that at least 10,000 square feet of suitable soil exists for each lot for long-term sewage treatment outlining an area with. On previously subdivided lots, enough space on the lotarea of suitable soil must be identified for two soil treatment and dispersal areas. This tested area must be at least 10,000 square feet. Percolation tests are not required for subdivision or lot approval testing unless the permeability cannot be estimated or there is reason to believe the soil is not original or has been disturbed.

9.5 Soil observations. Complete soil testing on each individual lot must be conducted prior to permit issuance independent of any prior subdivision or lot approval testing. For permit issuance, a minimum of four (4) soil observations outlining an encompassing the proposed sewage treatment area of 5,000 square feet are required. At least one soil observation must be performed in the portion of the soil treatment area anticipated to have the most limiting conditions. Larger areas may be required where conditions of use, soils, topography, or vegetation require. Soil observations must comply with the following requirements:

(1) (1) The soil observation must be conducted within or on the borders of the proposed site;

(2) (2) The soil observations must be performed in an exposed pit or by hand augering or probing. The use of flight augers is not allowed.;

(3) (3) The soil observation method must allow observation of the different soil horizons that constitute the soil profile and, if determining the loading rate by use of Table IX in Minnesota Rules, Chapter 7080.21501VI an undisturbed soil structuresample must be observed.;

(4) (4) Underground utilities must be located before soil observations are undertaken; (5) Required safety precautions must be taken before entering soil pits; (4)(6) Soil observations must be conducted prior to any required percolation tests to determine whether the soils are suitable to warrant percolation tests and, if suitable, at what depth percolation tests shall be conducted.; and

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(5)(7) (5) The minimum depth of the soil observations must be to the periodically saturated layer, to the bedrock, or three feet below the proposed depth of the system, whichever is less.

9.6 9.6 Soil descriptions for determination of limiting layers. Each soil profile observed at the proposed soil treatment and dispersal area must be evaluated under adequate light conditions with the soil in a moist unfrozen state for the characteristics in items (1) through (8):

(1) (1) The depth of each soil horizon measured from the ground surface. Soil horizons are differentiated by changes in texture, color, redoximorphic features, bedrock, structure, consistence, and any other characteristics that affects water movement or treatment of effluent.;

(2) (2) A description of all soil colors for each horizon according to the Munsell Soil Color Charts, Revised Edition, Munsell Color Corporation (1992), or equivalent. The color charts are incorporated by reference, are available through the Minitex interlibrary loan system, and are not subject to frequent change.;

(3) (3) A description of the soil texture, and structure using the United States Department of Agriculture (USDA) soil classification system as specified in the Field Book for Describing and Sampling Soils, which is incorporated by reference under Section 2.2 (46).);

(4) (4) Depth to bedrock.

(5) (5) Depth to periodically saturated soil for new construction or replacement as determined by redoximorphic features and other indicators, as determined in subitems (A) to (C):

(A) (A) In subsoil and parent material, redoximorphic features include:

i. (i)Distinct redoximorphic iron accumulation or distinct redoximorphic iron depletions;

ii. (ii) A gleyed or depleted soil matrix or redoximorphic mottles having a color chroma of two or less or a depleted matrix or redoximorphic mottles having a color hue of 5Y and a chroma of three or less; or

iii. (iii) Faint redoximorphic concentrations or faint redoximorphic depletions in subsoil or parent material with a hue of 7.5YR or redder.

(B) (B) In lower topsoil layers that are deeper than 12 inches from the surface and are immediately followed in depth by a periodically saturated horizon, redoximorphic features include:

i. (i)Soil colors with a redoximorphic chroma of two or less; or

ii. (ii) Redoximorphic accumulations or depletions.

(C) (C) In the upper 12 inches of the topsoil layer, if it is immediately below which occurs followed by a periodically saturated horizon, the depth of seasonal saturation is determined by one or more of the indicators in units (i) to (vvi):

i. (i)Soil colors with a chroma of zero;

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ii. (ii) Organic soil textures or mineral soil textures with an organic modifier;

iii. (iii) Dominance of hydrophytic vegetation;

iv. (iv) The soil treatment area at or near the elevation of the ordinary high water level of a surface water or in a concave hill slope position; or

v. (v) Redoximorphic accumulations or depletions.; or

vi. (6) The soil expressing indicators of seasonal saturation as determined in Field Indicators of Hydric Soils in the United States: A Guide for Identifying and Delineating Hydric Soils, USDA Natural Resource Conservation Service (2006 and subsequently amended). The field indicators are incorporated by reference, are available through the Minitex interlibrary loan system, and are subject to frequent change. (6) Depth to periodically saturated soil for all existing systems, determined by redoximorphic features in item (5), except subitems (B), unit (i), and (C), units (i), (iii), and (iv), as measured outside the area of the system influence in an area of similar soil.

(7) (7) Depth of standing water in the soil observation excavation, measured from the soil surface, if observed.

(8) (8) Any other soil characteristics that needs to be described to design a system, such as hardpans or restrictive layers. These other characteristics must be classified according to the Field Book for Describing and Sampling Soils, which is incorporated by reference under Section 2.2 (46).

9.7 Determination of loading rate and absorption area size. The effluent loading and absorption area size must be determined by either item (1) or (2).

(1) (1) The loading rate based on an examination of soil texture, undisturbed soil structure, and soil consistence at the depth of either the proposed absorption area or the most limitingrestrictive layer within 12 inches belowthree feet of the proposed soil absorption area using the United States Department of Agriculture (USDA) soil classification system as specified in the Field Book for Describing and Sampling Soils, which is incorporated by reference under Section 2.2 (46); or

(2) (2) The loading rate based on the percolation procedure described in subitems (A) to (H).

(A) (A) Each test hole must be six to eight inches in diameter, and have vertical sides, and be located at the depth of the proposed soil absorption area. For mounds and at-grade systems, the bottom of each test hole must be in the upper 12 inches of the original soil. For trenches and seepage beds, the bottom of each test hole shallmust be at the depth of either the proposed absorption area or the most restrictive layer within three feet of the proposed soil absorption area;

(B) (B) Soil texture descriptions for percolation test holes must note the depths from the ground surface where texture changes occur;

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(C) (C) The bottom and sides of the hole must be carefully scratched to remove any smearing and to provide a natural soil surface into which water penetrates. The scarification must not result in the hole having a diameter of greater than eight inches;

(D) (D) All loose material must be removed from the bottom of the test hole and two inches of one-fourth to three-fourths inch gravel or clean sand must be added to protect the bottom from scouring;

(E) (E) The hole must be carefully filled with clear water to a minimum depth of 12 inches from the bottom of the test hole and maintained for no less than four hours for saturation to occur. The soil must then be allowed to swell for at least 16, but no more than 30, hours. In sandy soils, the saturation and swelling procedure is not required and the test is allowed to proceed if the initial filling of the hole with 12 inches of water seeps away in less than ten minutes;

(F) (F) In sandy soils, water depth must be adjusted to eight inches over the soil at the bottom of the test hole. From a fixed reference point, the drop in water level must be measured in inches to the nearest 1/16 inch at approximately ten-minute intervals. A measurement is also allowed to be made by determining the time it takes for the water level to drop one inch from an eight inch reference point. If eight inches of water seeps away in less than ten minutes, a shorter interval between measurements must be used, but water depth must not exceed eight inches. The test must continue until three consecutive percolation rate measurements do not vary by more than ten percent. In other soils, the water depth must be adjusted to eight inches over the soil at the bottom of the test hole. From a fixed reference point, the drop in water level must be measured in inches to the nearest 1/16 inch at approximately 30-minute intervals and refilled between measurements to maintain an eight inch starting head. If water seeps away in less than 30 minutes, a shorter time interval between measurements must be used, but water depth must not exceed eight inches. The test must continue until three consecutive percolation rate measurements do not vary by more than ten percent. The percolation rate is also allowed to be determined by observing the time it takes the water level to drop one inch from an eight-inch reference point if a constant water depth of at least eight inches has been maintained for at least four hours prior to the measurement;

(G) (G) The time interval must be divided in minutes by the drop in water level in inches to obtain the percolation rate in minutes per inch. The percolation rates that are within the ten percent provision determined for each test hole must be averaged to determine the final percolation rate for that hole. The slowest final percolation rate for all holes within the soil dispersal area must be used for design; and

(H) (H) A percolation test must not be run where frost exists within 12 inches of the bottom of the percolation test hole.

9.8 Phase I; Site Evaluation Reporting. A written report on the site evaluation for an individual subsurface sewage treatment system must be prepared and include the following:

(1) (1) Preliminary and field evaluation results from Sections 9.2 through 9.6.7

(2) (2) Dates of preliminary and field evaluations.

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(3) (3) Design calculations using the most current version of the design forms furnished by the University of Minnesota. (3)(4) A map drawn to scale or dimension, with a north arrow, and including:

(A) (A) horizontal and vertical reference points of the proposed soil treatment and dispersal areas, soil observations, percolation tests, and pertinent distance from the proposed SSTS to all required setbacks, lot improvements, easements, ordinary high water mark of public waters, property lines, and direction and percent slope.

(B) (B) the location of any unsuitable, disturbed, or compacted areas.

(4)(5) (4) The estimated depth of periodically saturated soil layer, bedrock, or flood elevation, if appropriate.

(5)(6) (5) The proposed elevation of the bottom of the soil treatment and dispersal system.

(6)(7) (6) Anticipated construction related issues.

(7)(8) (7) The name, address, telephone number, and certified statement of the individual conducting the site evaluation.

(8)(9) (8) An assessment of how known or reasonably foreseeable land use changes are expected to affect system performance, including, but not limited to, changes in drainage patterns, increased impervious surfaces, and proximity of new water supply wells.

(9)(10) (9) A narrative explaining any difficulties encountered during the site evaluation, including, but not limited to, identifying and interpreting soil and landform features and how the difficulties were resolved.

(10)(11) (10) A notation of any differences between observed soil characteristics and those identified in the soil survey report.

9.9 Soil testing required. Applicants for subsurface sewage treatment system permits, site approvals or subdivision approvals will be required to submit soil test data from soil borings and percolation tests, or soil pits, for each proposed site or installation. The minimum testing shall be that necessary to verify suitable conditions for two complete soil dispersal and treatment areas.

9.10 Qualifications. All soil testing shall be conducted in accordance with the requirements of this Chapter and shall be conducted by appropriately licensed businesses and certified individuals in accordance with Minnesota Rules, Chapter 7083.

9.11 Site Protection. Prior to and during construction or lot improvements, the proposed initial and replacement soil treatment and dispersal areas shall be protected from disturbance, compaction, or other damage by use of stakes and silt fence or snow fence.

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9.12 Utilities. Underground utilities must be located before soil observations are undertaken. Required safety precautions must be taken before entering soil observation pits.

9.12 Underground utilities must be located before soil observations are undertaken. Required safety precautions must be taken before entering soil observation pits.

9.13 Mound soil testing. Where soil tests require a mound, testing and design must clearly show suitable area for installation of two (2) complete mounds. Where site conditions are such that the only backup mound will likely be disturbed, the Department, at its discretion, may require both mounds to be constructed at once.

9.14 Compliance. Designs for new construction or replacement SSTS must comply with all applicable requirements and any other applicable codes, rules, and laws.

9.15 Phase II Reporting. Phase II design reports must include detailed drawings, design flows, system component sizing and calculations, hydraulic and organic loading rates, setbacks, location and elevations for construction, and management plans as described in Section 22.1, and a certified statement.

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SECTION 10 MSTS SITE EVALUATION AND SOIL TESTING

10.1 10.1 Necessity of Soil and Site Evaluations. Soil and site evaluations must be conducted for MSTS design. The evaluations must be conducted according to this Section and Section 9 of this Chapter. Evaluations must identify and delineate an initial and replacement soil treatment and dispersal area with appropriate system boundaries.

10.2 Preliminary Evaluation. A preliminary evaluation for midsized subsurface sewage treatment systems shall consist of determining:

(1) (1) The design flow and, anticipated effluent concentrations of biochemical oxygen demand, total suspended solids, and fats, oils,oil and grease, and inputs anticipated presence of non- domesticnondomestic waste from the dwelling, dwellings, or other establishments.

(2) (2) Whether the location of water supply wells impacts the location of the system due to setback constraints.

(3) (3) Whether building improvements will be within 50 feet of the proposed soil treatment and dispersal area.

(4) (4) Whether buried water supply pipes will be within 50 feet of the proposed system.

(5) (5) Whether easements will be within 50 feet of the proposed system.

(6) (6) Whether the ordinary high water level of public waters will be within 500 feet of the proposed soil treatment and dispersal area and if so, a preliminary assessment of phosphorus impacts to the surface water.

(7) (7) Whether the system will be located in a floodplain and the system location in relation to the 100-year flooding elevation from published data if available or data that is acceptable to the Department or local unit of government.

(8) (8) The required setbacks from the proposed soil treatment and dispersal system.

(9) (9) The soil survey information on the proposed soil dispersal area, including the soil map, map units, landscape position, parent material, flooding potential, slope range, periodically saturated soil level, depth to bedrock, texture, color, and structure of soil horizons, and permeability of soil horizons.

(10) (10) A geocode or property identification number.

(11) (11) The names of the property owners; and

(12) (12) The location of the system on a United States Geological Survey quadrangle map of the proposed soil treatment and dispersal area and the area within one mile.

10.3 Field Evaluation. Before conducting a field evaluation, the designer shall confer with the Department or local unit of government to determine the requirements and scope of the evaluation, dependent upon system size, soil conditions, and other applicable factors. At a minimum, the requirements in this Section must be met:

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(1) (1) Property Marks. Property lines must be confirmed in identified as acceptable to the field using the most recent document source.owner. Site improvements, required setbacks, and easements must be identified, located, and marked.

(2) (2) Site Area. A general evaluation and description of the proposed soil dispersal area, including a general geomorphic description, current land use, and past land use, if known, must be provided.

(3) (3) Surface Features. The following surface features must be identified and described:

(A) (A) The dominant vegetation.

(B) (B) Evidence of disturbed or compacted soil or flooding or run-on potential.

(C) (C) Landscape position, including landform, slope gradient, slope direction, and surface morphometry as described in the Field Book for Describing and Sampling Soils Version 2.0, September 2002, developed by the National Soil Survey Center and Natural Resources Conservation Service of the United States Department of Agriculture. The field book is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.

(4) 10.4 Soil Pits. (A) Soil pits are required to investigate the soil for MSTS design. The required number of soil pits to adequately characterize the soil on define the proposed sitelimiting layer and soil dispersal system sizing must be determined by the professional judgment of the designer as based on the size of the area, and consistency of the soil, and must be approved by the Department or local unit of government.

(B) 10.5 The qualifying soil observation pits to be used for the MSTS design must be located on or near the borders of the proposed soil treatment and dispersal area. Soil observation pits must be dug outside the soil dispersal area, if possible. The soil must be observed and described to a depth of at least three feet below the proposed depth of the system. Other soil observation pits are allowed to supplement the required soil observation pit information.

10.6 Underground utilities must be located before soil observations are undertaken. Required safety precautions must be taken before entering soil observation pits.

(C) Underground utilities must be located before soil observations are undertaken. Required safety precautions must be taken before entering soil observation pits.

10.7 4 Soil Description. The following soil observations must be made:

(1) (1) The soil properties and features described in items (A) to (M) must be described according to the Field Book for Describing and Sampling Soils, whichversion 2, Natural Resources Conservation Service, United States Department of Agriculture (September 2001), for each soil horizon at each qualifying pit. The field book is incorporated by reference under Section 2.2 (46).

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(A) (A) Matrix soil color.

(B) (B) Soil features that have different colors from the matrix color, including, but not limited to, clay films, organic stains, silt coats, nodules, and concretions.

(D) (D) Soil texture, with modifiers.

(E) (E) Grade, size, and shape of soil structure.

(F) (F) Moist soil consistence.

(G) (G) Abundance and size of rock fragments.

(H) (H) Abundance and size of roots.

(I) (I) Horizon boundary conditions.

(J) (J) Parent materials.

(K) (K) Pores, quantity and size.

(L) (L) Quantity of boulders and tree stumps affecting construction.

(M) (M) Any other characteristics of feature that affects permeability of the soil or treatment of sewage effluent.

(2) The depth to bedrock, if encountered, must be determined by the requirementsdefinition in Section 2.2 (9).

(3) The elevation of standing water evident in any soil pit must be identified.

(4) The soil must not be described when frozen, at improper moisture content, or under poor light conditions.

10.8 5 Method. Hydraulic conductivity testing of the soil must be employed, along with a determination of the soil’s texture, structure, and consistence, to determine the loading rate of effluent in the soil. The frequency of observations and measurements must be determined by the professional judgment of the designer, dependent on the variation in soil conditions and the system size, with the frequency of the observations and measurements approved by the Department or local unit of government.

10.9 10.6 Comparison with Soil Survey. All field soil information gathered must be compared with soil survey information. Any discrepancies shall be identified.

10.107 Site and Soil Information. Site and soil information gathered in Section 10.2 through Section 10.96 must be interpreted for suitability for MSTS siting, design, and construction, with consideration of the following:

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(1) (1) Surface features impacts from precipitation, run-on, and interflow or any other item that could have potential to adversely impact the ability of the soil to accept water.

(2) (2) Cultural features, including, but not limited to, setbacks and easements.

(3) (3) Site conditions affecting system layout, distribution system requirements, and constructability.

(4) (4) Layers of coarse soil textures that affect treatment.

(5) (5) Disturbed, compacted, cut-filled, or other unnatural condition, if present.

(6) (6) The uniformity of the soil over the site.

(7) (7) Future surrounding land use changes.

(8) (8) Soil sizing factor or loading rate.

(9) (9) An approximation of the rise in groundwater from system operations as determined by a groundwater mounding assessmentcalculations. A narrative evaluation of the accuracy of the approximation must be provided. The approximation must be related to the requirements in Section 16.5 (7).

10.11 8 Flood Fringe. Systems proposed to be located in flood fringes must determine feasibility of relocating the system outside the floodplain.

10.12 9 Depth. The limiting layer in the soil shall be determined based on the depth of bedrock or periodically saturated soil if encountered. The depth of periodically saturated soil shall be determined according to Section 9.6 (5), and the depth to bedrock shall be as defined in Section 2.2 (9).

10.13 10 Site Protection. The proposed soil treatment and dispersal areas shall be protected from disturbance, compaction, or other damage by use of stakes and silt fence or snow fence.

10.14 11 Soil and Site Report. All information gatheredrequired in Section 10.2 through Section 10.1210 must be submitted for review and approved by the Department or local unit of government prior to final design. The submittal must also contain:

(1) (1) A map of the proposed soil dispersal area, drawn to scale, showing:

(A) (A) Features with a setback within 150 feet of the system.;

(B) (B) Easements within 50 feet of the system.;

(D) (D) Location and elevation of all soil pits, borings, and hydraulic tests.;

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(E) (E) Two-foot contour lines.;

(2) (2) Dates and weather conditions during the field evaluations.evaluation;

(3) (3) Elevations of the periodically saturated soil or bedrock.;

(4) (4) Proposed depths of the system bottom.;

(5) (5) Proposed soil loading rate.;

(6) (6) System site boundaries.;

(7) (7) Anticipated construction related issues.;

(8) (8) The name, address, telephone number, and certified statement of the individual conducting the site evaluation.; and

(9) (9) A narrative explaining any difficulties encountered during the site evaluation, including such as, but not limited to, identifying and interpreting soil and landform features, and how the difficulties were resolved.

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SECTION 11 GROUNDWATER INVESTIGATION

11.1 Necessity of Investigation. A preliminary groundwater assessment for nitrogen impacts to aquifers evaluation must be conducted for all proposed MSTS according to this Section.

11.2 Preliminary Investigation. The following information must be ascertained from the best available information:

(1) (1) The size of the soil dispersal system, proposed loading rate, and system geometry.;

(2) (2) The geocode(s) or parcel identification number(s) of the parcel(s) where the proposed soil dispersal area is to be located.;

(3) (3) Any anticipated discharges from nondomestic sources to the proposed MSTS.;

(4) (4) The location of the MSTS on a United States Geological Survey quadrangle topographic map, including the area within a one-mile radius of the proposed soil treatment system.;

(5) (5) A determination of the general geology, periodic soil saturation, regional groundwater setting, and aquifers used for water supply and a description of the general site hydrology characteristics, including, but not limited to, identification and estimated depth measurements to geologic units and aquifers, and identification of groundwater confining strata.;

(6) (6) A determination whether the proposed system is in a drinking water supply management area, inner wellhead management zone, source water protection area, or groundwater sensitive area, or a special well construction area.;

(7) (7) An assessment of all water supply wells within a 300-foot radius of the proposed soil treatment area with a minimum assessment of well locations and casing depths from well construction log records. If no records exist, the well locations and casing depths must be estimated.;

(8) (8) A determination or estimation of groundwater flow direction; and

(9) (9) An assessment of pathogenic organism, nitrogen, and phosphorus impacts from the system.

11.3 Field or Further Investigation. The designer must consult with the Department or local unit of government to determine whether the Department or local unit of government will require a field or further groundwater investigation and, if so, the extent of the investigation. The field or further investigation must be conducted if information gained in Section 11.2 indicates that a proposed system is a potential contaminant threat to a regional water table, an aquifer, water supply well(s), or surface waters. The threats of concern include, but are not limited to, fecal organism contamination, nitrate contamination, or phosphorus impacts to surface waters.

11.4 Monitoring. The designer must consult with the Department or local unit of government to determine if the Department or local unit of government will require effluent or groundwater monitoring is required and, if so, the extent of the monitoring. Monitoring must be conducted if information gained in Section 11.2 and 11.3 indicates that a proposed system is a

57 Washington County Development Code Effective September 23, 2009 [Month][Day],[Year] Chapter Four Subsurface Sewage Treatment System Regulations potential contaminant threat to a regional water table, an aquifer, or a water supply well or impacts surface waters. The potential groundwater mound height must be monitored under all MSTS during operation.

11.5 Hydrological Interpretations. The information gathered in this part must be used to estimate or measure if the system adequately protects the groundwater and surface water as prescribed in part Section 4.98. The interpretation must include an evaluation of whether contaminant plumes will intersect water supply well capture zones.

11.6 Groundwater Report. All information required in this partSection 11 must be submitted for review and approval of the Department or local unit of government prior to final design, including all applicable information delineated on a map.

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SECTION 12 SEWAGE FLOW DETERMINATION

12.1 Design Phase II: System Design. Completion of tasks outlined in Section 12 to Section 21 is considered the second phase of SSTS design.

12.2 Design Flow. The estimated design flow for any dwelling must provide for at least two (2) bedrooms. For multiple or multifamily dwellings, the design flow consists of the sum of the design flows for each individual unitmust be calculated according to Section 12.4 to 12.6.

12.3 Design Flow by Bedrooms. The estimated design flow for dwellings is based on Table I, which is based on calculating the number of bedrooms by 150 gallons per day. For more than six bedrooms, the design flow is determined by multiplying the number of bedrooms by 150 gallons per day.

Table I Number of Gallons Per Bedrooms Day 2 300 3 450 4 600 5 750 6 900

12.4 12.4 Sum of design flow for existing dwellings. The design flow for MSTS serving existing dwellings is determined by the following calculation in conjunction with Section 12.3:

Total flow from the ten highest flow dwellings + (total flow from the remaining dwellings X 0.45)

12.5 New housing developments. For new housing developments to be served by a common SSTS, the developer shall determine and restrict the total number of bedrooms for the development and determine the design flow by multiplying the total number of bedrooms by 110150 gallons per day. If the ultimate development of phased or segmented growth meets or exceeds 10,000 gallons per day, the initial system or systems and all subsequent systems require a state disposal system permit.

12.6 Additional Capacity. If construction of additional dwellings or bedrooms, installation of water-using devices, or other factors likely to increase the flow volumes can be reasonably anticipated, the SSTSMSTS must be designed to accommodate the additional capacity as determined by the Department or local unit of government.

12.7 Design Flow Determination for Other Establishments Design sewage flow and waste concentration levels for other establishments with a flow of 5,000 gallons per day or less are determined by methods in item (1) or (2):

(1) (1) The design flow of sewage for MSTS serving other establishments is estimated using Table II.

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(2) (2) The measured design flow of sewage for MSTS serving other establishments is determined by averaging the measured daily flows for a consecutive seven-day period in which the establishment is at maximum capacity or use.

Table II – Estimated Design Sewage Flow from Other Establishments Dwelling Units Design Flow (also see outdoor recreation) Unit (gallons/day/unit) Hotel or luxury hotel Guest 55 Square Foot 0.28 Motel Guest 38 Square Foot 0.33 Rooming House Resident 45 Add for each non-resident meal 3.3 Daycare (no meals) Child 19 Daycare (with meals) Child 23 Dormitory Person 43 Labor Camp Person 18 Labor Camp, semi permanent Person 50 Commercial/Industrial Unit Design Flow (gallons/day/unit) Retail Store Square Foot 0.13 Customer 3.8 Toilet 590 Shopping Center Employee 11.5 Square Foot 0.15 Parking Space 2.5 Office Employees/8-Hour Shift 18 Square Foot 0.18 Medical Office* Square Foot 1.1 Practitioner 275 Patient 8 Industrial Building Employees/8-Hour Shift 17.5 Employees/8-Hour Shift with Showers 25 Laundromat Machine 635 Load 52.5 Square Foot 2.6 Barber Shop Chair 68 Beauty Salon Station 285

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Flea Market Nonfood vendor/space 15 Limited food vender/space 25 With food vendor/space 50 Eating and Drinking Design Flow Establishments Unit (gallons/day/unit) Restaurant (does not include bar or Meal without alcoholic drinks 3.5 lounge) Meal with alcoholic drinks (open 16 hours or 8 less) Seat (open 16 hours or less) 30 Seat (open more than 16 hours) 50 Seat (open 16 hours or less, single service 20 articles) Seat (open more than 16 hours, single service 35 articles) Restaurant – short order Customer 7 Restaurant – drive-in Car Space 30 Eating and Drinking Design Flow Establishments Unit (gallons/day/unit) Restaurant – carry out, including Square Foot 0.5 caterers Institution Meals Meal 5.0 Food Outlet Square Foot 0.2 Dining Hall Meal 8.5 Coffee Shop Customer 7 Cafeteria Customer 2.5 Bar or lounge (no meals) Customer 4.5 Seat 36 Design Flow Entertainment Establishments Unit (gallons/day/unit) Drive-in Theater Car Stall 5 Theater/Auditorium Seat 4.5 Bowling Alley Alley 185 Country Club Member (no meals) 22 Member (with meals and showers) 118 Member (resident) 86 Fairground and Other Similar Visitor 1.5 Gatherings Stadium Seat 5 Dance Hall Person 6 Health Club/Gym Member 35 Outdoor Recreation and Related Design Flow Lodging Facilities Unit (gallons/day/unit) Campground PersonCampsite with sewer hook-up (per 3632 person) SiteCampsite with sewer hook-up (per 100 person/site) SiteCampsite without sewer hook-up, with 6250 central bathtoilet or shower facility (per site)

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Site to beCampsite without sewer hook-up, with 14.563 central toilet or shower facility, served by central dump station (per site) Permanent Mobile Home Mobile Home 225 Camp, day without meals Person 20 Camp, day and night with meals Person 45 Resort/Lodge Hotel Person 62 Cabin, resort Person 50 Retail Resort Store Customer 4 Park or Swimming Pool Guest 10 Visitor Center Visitor 13

Design Flow Transportation Unit (gallons/day/unit) Gas Station/Convenience Store Customer 3.5 Service Station* Customer 11 Service Bay 50 Toilet 250 Square Foot 0.25 Car wash*(does not include car Square Foot 5 wash water) Airport, Bus Station, Rail Depot Passenger 5 Square Foot 5 Restroom 565

Design Flow Institutional Unit (gallons/day/unit) Hospital* Bed 220 Mental Health Hospital* Bed 147 Prison or Jail Inmate 140 Nursing Home, other adult Resident 125 congregate living Other Public Institution Person 105 School (no gym, no cafeteria, and no Student 14 showers) School (with cafeteria, no gym, and Student 18 no showers) School (with cafeteria, gym, and Student 27.5 showers) School (boarding) Student 95

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Church Seat 4 Add for each meal prepared 5 Assembly Hall Seat 4 Design Flow Miscellaneous Unit (gallons/day/unit) Public Lavatory User 5 Public Shower Shower Taken 11

* Waste other than sewage is only allowed to be discharged into the system if the waste is suitable to be discharged to groundwater.

12.8 12.8 Employees in Design Flow Calculation. Unless otherwise noted in Table II, the flow values do not include flows generated by employees. A flow value of 15 gallons per employee per eight hour shift must be added to the flow amount for determining the design flow for other establishments. Design flow determination for establishments not listed in Table II shall be determined by the available information and approved by the Department.

12.9 Design flow determination for establishments not listed in Table II shall be determined by the base available information and approved by the Department or by the local unit of government.

12.10 12.9 Measured Flow The measured flow of sewage for existing otherOther establishments may be used to modify estimated flow values determined in this part if the length and frequency of the measured flow accurately represents the annual average water use, along with the peak weekly and daily water use.

12.11 10 Infiltration. The design flow for MSTS must also include 200 gallons of infiltration and inflow per inch of collection pipe diameter per mile per day with a minimum pipe diameter of two inches to be used for the calculation. Flow values are allowed to be further increased if the system employs treatment devices that are exposed to atmospheric conditions that will infiltrate precipitation. Flow estimates as calculated in this Chapter shall not be relied upon for the design of collection systems.

12.12 11 Waste Concentration. If concentrations of biochemical oxygen demand, total suspended solids, and oil and grease from the sewage are expected to be higher than 175170 mg/L, 65 BOD (or 125 mg/L of CBOD5), 60 mg/L TSS, or 25 mg/L, respectively of oil and grease, , or if the design is for an Other Establishment or MSTS, an estimated or measured average concentration must be determined and be acceptable to the Department or local unit of government. System design must account for concentrations of these constituents so as to not cause internal system malfunction, such as, but not limited to, clogging of pipes, orifices, treatment devices, or media.

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SECTION 13 SEWAGE TANKS

13.1 Sewage Tanks, General. Sewage tanks serving SSTS must meet or exceed the applicable requirements of this Section unless otherwise approved by a Minnesota licensed professional engineer and approved by the Department or the local unit of government.

13.2 Tank Strength Requirements. Tanks, fittings, risers, and apertures must:

(1) (1) Be capable of supporting long-term vertical loads for the conditions in which the tank will be placed. These loads include, but are not limited to, saturated soil load, based on 130 pounds per cubic foot.

(2) (2) Be capable of withstanding a lateral load for the conditions the tank will be placed.

(3) (3) With proper maintenance and venting, not be subject to failure due to corrosion and degradation from sewage or sewage gases, including risers and maintenance hole covers.

(4) (4) Be structurally capable of withstanding exposure and stresses from freezing conditions.

13.3 Poured -in -place concrete Tanks. Poured-in-place concrete tanks must be designed to meet each requirement in Section 13.2, and be designed by a Minnesota licensed professional engineer.

13.4 Septic Tank Design. Septic tanks must:

(1) (1) Have a liquid depth of at least 30 inches. Any liquid depth that is greater than 84 inches must not be used when calculating the septic tank liquid capacity.

(2) (2) Have a minimum of six feet between the inlet and outlet of the tank, rather than between compartments, or have a minimum of six feet from the inlet of the first tank to the outlet of the last tank in series.

(3) (3) If site conditions warrant, the inlet and outlet are allowed to be located on walls that are not opposite each other along axis of the maximum dimension; however, the requirements of Section 13.4 (2) must be met.

(4) (4) Have an inlet invert at least two inches above the outlet invert.

(5) (5) Have a reserve or storage space between the liquid surface and the top of the inlet and outlet baffles of not less than eightsix inches or 100 gallons, whichever is greater, for all liquid depths with an effluent screen and alarm or for liquid depth of less than 39 inches without an effluent screen and alarm. The space between the liquid surface and the top of the inlet and outlet baffles must not be less than eight inches for the liquid depths of 39 inches or more without an effluent screen and alarm. In addition, there must be at least one inch between the underside of the top of the tank and the highest point of the inlet and outlet baffles.

13.5 Minimum Tank Capacity.

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For dwellings, there shall be two (2) septic tanks in series with the liquid capacity based on the number of bedrooms in the dwelling; such tanks shall be as large as the capacities in Table III. The only exception to this requirement is for the upgrade of an existing compliant system if the primary tank capacity is met and there is no garbage disposal or sewage pump. System replacement shall require two (2) tanks in series.

Table III – Minimum Septic Tank Capacity Number of Bedrooms Tank 1 Tank 2 Two or less 1,000 500 Three 1,000 1,000 Four to Five 1,500 1,000 Six to Seven 2,000 1,000 Eight to Nine 2,500 1,250 Septic tank shall be sized as an MSTS with the second Ten or More tank in series being at least 50 percent of the capacity of the first tank Multiple Family Dwelling Size shall be the sum of the individual dwelling unit containing two or more units requirements.

13.6 Common tanks. For systems serving ten (10) or fewer dwellings with a common septic tank, the liquid capacity must be determined by adding the capacities for each dwelling as determined in this section.

13.7 Septic tank capacity for multiple dwellings. For systems serving more than ten (10) dwellings with a common septic tank, the requirements of subpart (1) and (2) apply: (1) Total septic tank capacity for common tanks serving multiple dwellings under gravity flow to common tanks is determined by multiplying the design flow by 3.0; or (2) Total septic tank capacity for common tanks serving multiple dwellings under pressure flow to common tanks is determined by multiplying the design flow by 4.0. (3) Total septic tank liquid capacity for systems employing individual tanks at each dwelling discharging into a collection system must be determined: (A) By a Minnesota licensed professional engineer; or (B) According to the Prescriptive Designs and Design Guidance for Advanced Designers, incorporated by reference under part 7080.1550, subpart 2.

13.8 Septic tank capacity for other establishments. Total septic tank liquid capacity for other establishments with domestic strength waste as defined in Section 2.2 (32), is determined by multiplying the design flow by 3.0 if receiving sewage under gravity flow, by multiplying the design flow by 4.0 if receiving sewage under pressure flow, or in accordance with Section 13.12 (Prior to other treatment devices). Additional design considerations, such as equalization tanks, additional capacity, grease interceptors, or secondary treatment, are required for influent concentrations that exceed the levels identified in Section 5.2 (2)(A).

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13.9 Holding Tank Capacity for Other Establishments. Holding tanks serving Other Establishments must provide storage of at least five times the design flow.

13.10 Effluent Filters Required An effluent screen with an alarm must be installed on the outlet of the last tank in series.

13.7 13.11 Tanks connected in series. Septic tanks must be connected in series. Each tank or compartment must contain at least 25 percent of the required total liquid capacity. The first tank must be equal to or larger than any subsequent tank in the series.

13.8 13.12 Prior to other treatment devices. Septic tank liquid capacity prior to other treatment devices must accord with the manufacturer’s requirements, accepted engineering principles, or as identified in the product registration recommended standards and criteria.

13.9 13 Compartmentalization of Single Tanks. If septic tanks are compartmentalized, items (1) to (5) of this Section apply:

(1) (1) When septic tanks are divided into compartments, the volume of the first compartment must be equal to or larger than any succeeding compartments. Each compartment must contain at least 25 percent of the total required liquid capacity and have an inside horizontal dimension of at least 24 inches.

(2) (2) Flow between compartments can be achieved by an unbaffled transfer hole with a minimum size of 50 square inches located in the clarified liquid zone or a minimum of 12-square inch transfer hole located above the clarified liquid zone that is baffled according to Section 13.1114. The final compartment of a tank that employs a transfer hole in the clarified zone shall not be used as a pump tank.

(3) (3) Septic tanks must have at least a two-inch drop between the invert of the inlet to the invert of the outlet. No liquid level drop is required between two compartments.

(4) (4) Adequate venting must be provided between compartments by baffles or by an opening of at least 12 square inches near the top of the compartment wall.

(5) (5) All compartmental walls must be designed to withstand the weight of the effluent against an empty compartment.

13.10 13.14 Septic Tank Baffles.

All septic tanks must be baffled according to (1) to (7) of this Section. Effluent screens are allowed to be substituted for outlet baffles.

(1) (1) Baffles must be installed at each inlet and outlet of septic tanks. Outlet baffles are required on compartment walls if the transfer hole is at the liquid level.

(2) (2) Baffles must be resistant to corrosion or decay. Inlet baffles must not restrict the movement of solids.

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(3) (3) Baffles must be integrally cast with the tank or affixed at the top and bottom with connectors that are not subject to corrosion or decay. Baffles for fiberglass reinforced polyester tanks are allowed to be either resin bonded or secured with suitable structural adhesive. Sanitary tees used as baffles must be affixed to the inlet or outlet pipes with a permanent waterproof adhesive.

(4) (4) The inlet baffle must extend at least six inches, but not more than 20 percent of the total liquid depth, below the liquid surface and at least six inches. The inlet baffle must extend above the liquid surface in compliance with Section 13.4 (5), and at least one inch above the crown of the inlet sewer.

(5) (5) The outlet baffle and any baffles between compartments must extend below the liquid surface a distance equal to 40 percent of the liquid depth, except that the penetration of the indicated baffles or sanitary tees for horizontal cylindrical tanks must be 35 percent of the total liquid depth. They must also extend above the liquid surface as required in Section 13.10 (4). (5).

(6) (6) There must be at least one inch between the underside of the top of the tank and the highest point of the inlet and outlet baffles.

(7) (7) The nearest point on the inlet baffles other than sanitary tees must be no less than 6 inches and no more than 12 inches from the end of the inlet pipe. The nearest point on the outlet baffle, other than sanitary tees, must not be closer than 6 inches and no more than 12 inches from the beginning of the outlet pipe of the baffle. Sanitary tees used as inlet or outlet baffles must be at least 4 inches in diameter.

13.11 15 Sewage Tank Access. Septic tanks shall have a minimum of two maintenance holes with a minimum diameter of 20 inches (least dimension). One maintenance holeMaintenance holes must be placed over the inlet baffle and the outlet device (baffles or screen). Another The maintenance holeholes must be either above the inlet device, or near the center of the tank, and facilitatelarge enough to allow pumping without interference. Enough maintenance holes must be provided so access can be gained within six feet of all walls for solids removal of each compartment. Six-inch inspectionInspection pipes of no less than six inches shall be provided over any baffles that doare not have accessotherwise accessible through a maintenance holeshole.

13.12 16 Pump Tank Access. Pump tanks must have a minimum of one maintenance hole with a minimum diameter of 20 inches (least dimension). Enough maintenance holes must be provided so access can be gained within six feet of the walls for solids removal.

13.17 Maintenance Hole Risers to Grade. All maintenance hole risers must extend through the tank cover above final grade.

13.13 .18 Maintenance Hole Covers for maintenance holes must:.

(1) Covers for maintenance holes must: (1) Be secured by being locked, being bolted or screwed, having a weight of at least 95 pounds, or other methods approved by the Department or local unit of government. Covers shall also be leak resistant; and be designed so the cover cannot be slid or flipped, which could allow unauthorized access to the tank.

(2) (2) Have a written and graphic label warning of the hazardous conditions inside the tank.

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(3) (3) Be capable of withstanding a load that the cover is anticipated to receive.

(4) (4) Be made of a material suitable for outdoor use and resistant to ultraviolet degradation.

13.14 A secondary method to control unauthorized access must be provided.

13.15 13.19 Concrete Tank Construction. All precast reinforced concrete sewage tanks must be constructed to meet the requirements of this chapter. Information on best practices for tank construction is found in the National Precast Concrete Association's best practices manual, Precast Concrete On-site Wastewater Tanks (2005). This manual is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change. If a conflict exists between the manual and this chapter, this chapter applies.

13.16 13.20 Non-Concrete Tank Construction. All fiberglass-reinforced polyester and polyethylene tanks must be constructed to meet the requirements of this chapter. Information on best practices for these tanks is found in the International Association of Plumbing and Mechanical Officials (IAPMO), Material and Property Standard for Prefabricated Septic Tanks, Standard PS 1-2006 (2006). This standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change. If conflicts exist between the standard and this chapter, this chapter applies.

13.1721Precast Reinforced Concrete Tanks. Precast reinforced concrete tanks must:

(1) (1) Have a method to lift the tank for an ultimate load that is four times the working load.;.

(2) (2) Undergo proper curing to achieve a compressive strength of 4,000 pounds per square inch before transport, placement, or use.; and

(3) (3) Have no pipe penetration points or openings in the exterior walls or tank bottom below the tank liquid level, unless designed for a specific operational purpose and approved by the Department or local unit of government .

13.18 22 Other Tanks. Fiberglass-reinforced polyester or polyethylene tanks must be protected against deterioration during storage.

13.1923Location and installation of tanks:

(1) (1) Sewage tanks must not be placedlocated in areas that prohibit thelimit removal of solids and liquids from the tank according to Section 22.

(2) (2) Sewage tanks must be set back as specified in Table V in Section 16.

(3) (3) The top of sewage tanks must not be buried deeper than four feet from final grade for new dwellings, or and not exceed the tank manufacturer's maximum designed depth for the tank. The minimum depth of soil cover over the insulation on the top of the tank is six inches.

(4) (4) Sewage tanks must not be placed in floodways, drainagewaysdrainage ways, or swales. Upslope drainage must be diverted away from the location of all tanks. A tank's final cover must be crowned or sloped to shed surface water.

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(5) (5) Sewage tanks must not be placed in areas subject to vehicular traffic unless engineered for the anticipated load.

(6) (6) Sewage tanks must be placed on firm and evenly compacted soil and with the soil level in all directions. The bottom shall be excavated in a manner so the vertical load is borne by the tank walls and not the tank bottom. If the bottom of the tank excavation contains rocks, bedding material must be used according to manufacturer's instructions. The soil beneath the tank must be capable of bearing the weight of the tank and its contents.

(7) (7) Sewage tanks and risers must be installed according to manufacturer's requirements and in a structurally sound and watertight fashion.

(8) (8) If the top of a sewage tank is to be less than two feet from final grade, the lid of the tank must be insulated to an R-value of ten. Maintenance hole covers must be insulated to an R-value of ten. All insulating materials must be resistant to water absorption.

(9) (9) Sewage tanks placed below the level of the periodically saturated soil must employ a method to protect against flotation under periodic saturated soil conditions when the tank is empty.

(10) (10) Connections between the concrete tank and the building sewer or supply pipe must meet the requirements of American Society for Testing and Materials, Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Laterals, ASTM C923 (2002), or equivalent. The standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.

(11) (11) Joints of concrete tanks, concrete tank lids, and concrete risers must be sealed using a bonding compound that meets American Society for Testing and Materials, Standard Specification for Joints for Concrete Pipe, Manholes, and Precast Box Sections Using Preformed Flexible Joint Sealants, ASTM C990 (2003). The standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.

13.20 24 Tank Assessment (1) General (A) All septicsewage tanks must be assessed watertight, including at all tank and riser joints, riser connections, and pipe connections. (B) An assessment of all models of sewage tanks to be used must be conducted to determine: i. the structural integrity of the tank design; and ii. the adequacy of the manufacturing process of watertightness. (C) Sewage tanks, including riser joints, riser connections, and pipe connections must be designed, manufactured, and installed to be watertight under normal use. (12)(2) Structural Integrity of Design Test. The structural integrity of each model of tank and all poured- in accordance with Minnesota Rules, Chapter 7080.20102-place tanks must be verified by calculation, proof testing, or a licensed professional engineer to determine the horizontal and vertical loads that the tank can withstand when empty. Tanks must be reverified for structural integrity if the design, materials, or construction methods are modified. A licensed professional engineer shall certify in writing if different manufactured models are similar enough so that the structural integrity information for one model is valid for other models. Verifications must be submitted to the commissioner. The commissioner shall maintain and make available the verifications upon request.

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13.21 Tanks must be identified in accordance with the following:

(3) (1) Watertightness Test (A) At least one tank per year, per model must be tested for watertightness. All poured-in-place tanks shall be tested for watertightness. Records of testing must be maintained by the manufacturer for three years and must be available to the commissioner and local unit of government if requested. Tanks must be tested and meet or exceed the applicable requirements of subitems (i), (ii), or (iii): i. When empty, a tank must maintain a vacuum of at least two inches of mercury for five minutes, without loss of pressure; ii. Concrete tanks must hold water for one hour, without loss, after the tank has been filled with water to the top of the tank, let stand for 24 hours, and then refilled to the same level; or iii. Fiberglass reinforced polyester or polyethylene sewage tanks must hold water without loss for one hour after being filled. (B) Sewage tanks that do not pass the tests listed in item A must not be used until repaired and retested. The repair and retest procedure must be repeated until the tank passes the test or the tank must not be used.

13.25 Tank Identification. (1) Sewage tanks must be marked near the outlet with:

(A) (A) The manufacturer’s name.

(B) (B) The model number.

(D) (D) The date of manufacture.

(E) (E) The maximum depth of burial.

(2) (2) The tank manufacturer or manufacturer’s agent shall provide the information in Section 13.2025(1) to the installer in writing.

(3) (3) The tank inlet or outlet must be clearly marked.

(4) (4) The installer shall submit the information in Section 13.2025 (1) with the as-built drawing.

13.22 Sewage tanks must meet the requirements in parts 7080.1910 to 7080.20202 by February 4, 2011. Tanks produced and installed prior to February 4, 2011 must meet the requirements of Minnesota Rules 2005, part 7080.0130.

Sewage Tanks for MSTS

13.23 13.26 Sewage Tanks for MSTS, General. All holding or treatment tanks or vessels, including lined vessels and grease interceptors serving MSTS, must conform to the applicable requirements of this Section, except as modified in Section 13.2326 through 13.2730, or as designed by a professional engineer and approved by the Department or local unit of government.

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13.24 27 MSTS Septic Tank Capacity. Septic tank capacity for MSTS or Other Establishments shall be determined by:

(1) (1) Total septic tank liquid capacity for a common tank serving multiple dwellings under gravity flow to the common tank is determined by multiplying the design flow by 3.0.

(2) (2) Total septic tank liquid capacity for a common tank serving multiple dwellings under pressure flow to the common tank is determined by multiplying the design flow by 4.0.

(3) (3) Common multiple septic tanks must be connected in series. Individual tanks connected in series or any compartment of a tank must have a capacity of more than one-fourth of the required to total liquid capacity.

(4) (4) For MSTS that have individual septic tanks at each dwelling, the individual tanks must meet the requirements of Section 13.5.

(5) (5) Total septic tank liquid capacity prior to other treatment devices shall be according to manufacturer’s requirements or accepted standards.

(6) Holding tanks serving Other Establishments must provide storage of at least five times the design flow.

(6) (7) Effluent screens(Holding tanks serving Other Establishments must provide storage of at least five times the design flow. (6)(7) An effluent screen or pressure filter must be used on the outlet baffle on the finalall systems. If multiple septic tank or pressure filterstanks are used, the effluent screen must be usedplaced in the pumplast tank if common tanks are employed in series. Alarms must be employed on tanks equipped and be provided with effluent screens.an alarm. Lint filters are recommended if the sewage contains laundry waste.

(8) 13.25 For common septic tanks, theTotal septic tank liquid capacity for systems employing individual tanks at each dwelling discharging into a collection system must be determined: (A) By a Minnesota licensed professional engineer; or (B) According to the Prescriptive Designs and Design Guidance for Advanced Designers, incorporated by reference under Section 5.2(4) of this Chapter. (9) Total septic tank capacity for other establishments with domestic strength waste is determined by multiplying the design flow by 3.0 if receiving sewage under gravity flow, by multiplying the design flow by 4.0 if receiving the sewage flow under pressure flow, or according to Section 13.8, Additional design considerations, such as equalization tanks, additional capacity, or secondary treatment, are required for influent concentrations that exceed the levels identified in Section 5.2(2)(A)

13.28 MSTS Tank Geometry. The maximum liquid depth of septic tanks to determine liquid capacity must be no greater than 84 inches. The length-to-width ratio and the length-to-depth ratio must facilitate settling of solids.

13.26 For common septic tanks, the space in the tank between the liquid surface and the top of the inlet and outlet baffles must not be less than 20 percent of the total required liquid capacity.

13.27 13.30 MSTS Tank Testing.

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All tanks used for MSTS must be tested for watertightness in accordance with Minnesota Rules, Chapter 7080.20102, Subp. (3). The test shall be conducted to include the watertightness of all connections and risers.

13.28 31 MSTS Liners. Liners used as watertight barriers for treatment devices must be designed and constructed according to liner requirements developed by the Commissioner of the Minnesota Pollution Control Agency. If conflicts exist between this Chapter and those requirements, this Chapter applies. Compacted soil liners must not be used as watertight barriers for treatment devices. Liners must be tested and must hold water without loss for 24 hours after being filled to the top of the liner.

13.29 A commercial or institutional food preparation facility such as, but not limited to, a restaurant, cafeteria, or institutional kitchen, served by a system regulated under this Chapter, the system design for which was submitted to the Department or local unit of government after the effective date of this Chapter, shall install an external grease interceptor, unless other grease control measures are taken and approved by the Department or local unit of government.

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SECTION 14 DISTRIBUTION OF EFFLUENT

14.1 General. Distribution of effluent for SSTS must meet or exceed the requirements of this Section and Minnesota Rules, Chapter 7080.205032050.

14.2 Supply Pipes. (1) The supply pipe extending from the septic tank to the undisturbed soil beyond the tank excavation must meet the strength requirements of American Society for Testing and Materials (ASTM), Schedule 40 Pipe, contained in Standard Specifications for Poly(Vinyl Chloride)(PVC) Plastic Pipe, Schedule 40, 80, 120, ASTM D1785 (2006). The schedule is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.

(2) 14.3 Supply pipes must:

(A) (1) Be made from materials resistant to breakdown from sewage and soil.

(B) (2) Be watertight, including all joints.

(D) (4) Not deflect, buckle, crush, or longitudinally bend.

(E) (5) Be resistant to pressures, fatigue, and strain for the application.

(F) (6) Be installed according to American Society for Testing and Materials, Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity- Flow Applications, ASTM D2321 (2005). The standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.

(G) (7) Be designed, installed, and protected to minimize the danger of freezing in the pipe.

(H) (8) Not be closer than six inches from final grade. Pipes susceptible to freezing shall be insulated.

(I) (9) Be setback from the water supply wells and water service pipes according to Minnesota Rules, Chapters 4715 and 4725.

(3) 14.4 7KHPLQLPXPVORSHIRUJUDYLW\VXSSO\SLSHVLVRQHSHUFHQW ǩ-inch per linear foot). There is no maximum slope. Pipe restraints must be used for slopes greater than 20 percent or where fluid velocities in the pipe exceed 15 feet per second. For pressure systems, a minimum slope of one percent for drainback or other frost protection measures must be employed.

(4) 14.5 Access to each supply pipe must be provided for cleanout. The access point must be accessible from final grade.

14.63 Gravity Distribution

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(1) (1) Serial distribution must be used to distribute effluent to individual trenches in a soil treatment and dispersal system. If the necessary elevation differences between trenches for serial distribution cannot be achieved by natural topography or by varying the excavation depths, parallel distribution canmust be used. Serial distribution must not create a pressure head on trenches at lower elevations.

(2) (2) If drop boxes are used for serial distribution, Subitems (A) to (F) apply.

(A) (A) The drop box must be watertight and constructed of durable materials not subject to corrosion or decay.

(B) (B) The invert of the inlet supply pipe must be at least one inch higher than the invert of the outlet supply pipe to the next drop box.

(C) (C) Thehe invert of the outlet supply pipe to the next drop box must be no greater than two inches higher than the crown of the distribution pipe serving the trench in which the box is located.

(D) (D) When sewage tank effluent is delivered to the drop box by a pump, the pump discharge must be directed against a wall or side of the box on which there is no outlet or directed against a deflection wall, baffle, or other energy dissipater. The discharge rate into the drop box must not result in surfacing of sewage from the drop box. The supply pipe must drain after the pump shuts off.

(E) (E) The drop box must be covered by a minimum of six inches of soil. If the top of the box is deeper than six inches, access must be provided above, at, or within six inches of finished grade.

(F) (F) The drop box must be placed on firm and settled soil.

(3) (3) If valve boxes are used, all requirements in Section 14.63(2) apply.

(4) (4) Distribution boxes must meet the standards in items (A) to (F).

(A) (A) The box must be watertight and constructed of durable materials not subject to corrosion or decay.

(B) (B) The distribution box must be covered by a minimum of six inches of soil. If the top of the box is deeper than six inches, access must be provided above, at, or within six inches of the finished grade.

(D) (D) The inlet invert must be either at least one inch above the outlet invert or sloped such that an equivalent elevation above the outlet invert is obtained within the last eight feet of the inlet pipe.

(E) (E) Each trench line must be connected separately to the distribution box and must not be subdivided. Distribution boxes must not be connected to one another if each box has distribution pipes.

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(F) (F) When sewage tank effluent is delivered by pump, a baffle wall must be installed in the distribution box or the pump discharge must be directed against a wall, baffle, side of the box on which there is no outlet, or directed against a deflection wall, baffle, or other energy dissipater. The baffle must be secured to the box and extend at least one inch above the crown of the inlet pipe. The discharge rate into the drop box must not result in surfacing of sewage from the drop box. Pressure must not build up in the box during pump discharge.

(5) (5) Nonpressurized distribution pipes must meet the requirements of items (1A) to (4) (C)below and Section 14.3 (1) and Section 14.3 (3) to Section 14.3 (5)..

(A) (1) Distribution pipes used for gravity distribution must be at least four inches in diameter.

(B) (2) Distribution pipes used for gravity distribution must have at least one row of holes of no less than one-half inch in diameter spaced no more than 40 inches apart.

(C) (3) Distribution pipes for gravity distribution must be laid level or on a uniform slope oriented away from the distribution device of no more than four inches per 100 feet.

(4) Distribution pipes for gravity distribution in seepage beds must be uniformly spaced no more than five feet apart and not more than 30 inches from the side walls of the seepage bed.

14.74 Pressure Distribution

(1) Pressure distribution must pressurize the entire distribution system and must be used for:

(A) Mound systems.

(B) At-grade systems.

(D) All seepage beds with a width greater than 12 feet

(E) New construction or replacement systems receiving treatment Level A or Level B effluent, as determined in Minnesota Rules, 7083.4030, Table III.

(F) All systems where the distribution network is installed above the original grade.

(G) All MSTS.

(2(1) Pressurized distribution pipes must conform to the requirements of SectionSections 14.3 (1) and Section 14.3 (3) to Section 14.3 (5).2(2) (A,C,D and E)

(3(2) Pressure distribution pipes and associated fittings must be properly joined together. The pipe and connections must be able to withstand a pressure of at least 40 pounds per square inch.

(4(3) The distribution network must be designed so there is less than a ten percent variance in flow for all perforations.

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(5(4) 3HUIRUDWLRQVPXVWEHQRVPDOOHUWKDQǩ-inch diameter and no larger than ¼-inch diameter. The number of perforations, perforation spacing, and pipe size for pressure distribution must be in accordance with Table IV below. The friction loss in any individual perforated lateral must not exceed 20 percent of the average pressure head on the perforations. (5) Perforation holes must be drilled straight into the pipe and not at an angle. Pressurized distribution laterals must be installed level. Perforation holes must be free of burrs. Holes must be spaced no more than three feet apart. A method to introduce air into the pipe after dosing must be provided. The pipes must completely drain after the pump turns off. (6) Pressure distribution laterals must be spaced no further than 36 inches apart in seepage beds and mound absorption beds, and no further than 24 inches from the outside edge of the bed. (7) Pressure distribution laterals must be connected to a header or manifold pipe that is of a diameter such that the friction loss in the header or manifold will be no greater than five percent of the average head at the perforations. The header of manifold pipe must be connected to the supply pipe from the pump. (8) Perforated laterals must not be installed closer than 12 inches from the edges of the absorption bed and perforated laterals must terminate no closer than 12 inches from the ends of the absorption bed. (9) Pressure distribution cleanouts must be provided to check the system for proper operation and cleaning of plugged perforations. Cleanouts must be accessible from final grade. (10) Existing systems with gravity distribution which are retrofitted with an advanced treatment device meeting treatment level A or B in Minnesota Rules 7083.4030, must monitor the system to determine the presence of even distribution over the absorption area. If even distribution is not occurring, pressure distribution must be employed.

Table IV – Maximum Number of Perforations Per Lateral 1/4-Inch Holes Perforation Pipe Diameter (Inches) Spacing 1 1¼ 1½ 2 3 2.0 10 13 18 30 60 2.5 8 12 16 28 54 3.0 8 12 16 25 52 7/32-Inch Holes Perforation Pipe Diameter (Inches) Spacing 1 1¼ 1½ 2 3 2.0 11 16 21 34 68 2.5 10 14 20 32 64 3.09 14193060 3/16-Inch Holes Perforation Pipe Diameter (Inches) Spacing 1 1¼ 1½ 2 3 2.0 12 18 26 46 87 2.5 12 17 24 40 80 3.0 12 16 22 37 75 1/8-Inch Holes Perforation Pipe Diameter (Inches) Spacing 1 1¼ 1½ 2 3 2.0 21 33 44 74 149 2.5 20 30 41 69 135 3.0 20 29 38 64 128

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(11) (6) Perforation holes must be drilled straight into the pipe and not at an angle. Pressurized distribution laterals must be installed level. Perforation holes must be free of burrs. Holes must be spaced no more than three feet apart. A method to introduce air into the pipe after dosing must be provided. The pipes must completely drain after the pump turns off.

(12) (7) Pressure distribution laterals must be spaced no further than 36 inches apart in seepage beds and mound absorption beds, and no further than 24 inches from the outside edge of the bed.

(13) (8) Pressure distribution laterals must be connected to a header or manifold pipe that is of a diameter such that the friction loss in the header or manifold will be no greater than five percent of the average head at the perforations. The header of manifold pipe must be connected to the supply pipe from the pump.

(14) (9) Perforated laterals must not be installed closer than 12 inches from the edges of the absorption bed and perforated laterals must terminate no closer than 12 inches from the ends of the absorption bed.

(15) (10) Pressure distribution cleanouts must be provided to check the system for proper operation and cleaning of plugged perforations. Cleanouts must be accessible from final grade.

(16) (11) Existing systems with gravity distribution which are retrofitted with an advanced treatment device meeting treatment level A or B in Minnesota Rules 7083.4030, must monitor the system to determine the presence of even distribution over the absorption area. If even distribution is not occurring, pressure distribution must be employed.

14.8 5 Distribution of Effluent for MSTS. For MSTS, distribution of effluent into a soil treatment and dispersal area must comply with all parts of Section 14.

14.9 MSTS must, or be designed by a registered professional engineer and approved by the Department or local unit of government.

14.10 14.6 Pressure Distribution Required for MSTS MSTS must employ pressure distribution. except as allowed under Section 14.4(10).

14.11 7 MSTS Zones Required The distribution system for MSTS must be designed to dose and rest zones in accordance with operational requirements.

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SECTION 15 DOSING OF EFFLUENT

15.1 General. When pumping or dosing is necessary, it must comply with this Section.

15.2 Pump Tanks. (1) Pump tanks shall meet or exceed the requirements of Section 13.2, Sections or 13.11 through Section 13.203. All dosing chambers must be vented. Pump tanks shall have a maintenance hole with a minimum diameter of 20 inches (least dimension) which allows access and removal of any plumbing or other device. These maintenance holes shall meet or exceed the requirements of Section 13.1217 and Section 13.1318 of this Chapter.

(2) 15.3 The pump, pump controls, and pump discharge line must be installed to allow access for servicing or replacement without entering the pump tank.

15.4 The pump tank must either include:

(1) An an alternating two-pump system; or

(2) Have have a minimum total capacity of:

(A) 500 gallons for design flowsflow values of 600 gallons per day or less; or

(3) (B) 100 percent of the design flow for design flow values of greater than 600 gallons per day.

(4) (3) MSTS and Other Establishments must include an alternating two-pump system and have a minimum capacity of 50 percent of the design flow.

(5) 15.5 An SSTS with a pump must employ an alarm device to warn of failure.

(6) 15.6 The inlet of pumps must be elevated at least four inches from the bottom of the pump tank or protected in some other manner to prevent the pump from drawing excessive settled solids.

(7) 15.7 Electrical installations must comply with applicable laws and ordinances including the most current codes, rules, and regulations of public authorities having jurisdiction and with Minnesota Rule, Chapter 1315.0200, which incorporates the National Electrical Code. (8) MSTS and Other Establishments must include an alternating two-pump system and have a minimum capacity of 50 percent of the design flow.

15.8 3 Pumps for Gravity Distribution. If a pump is used to lift effluent into a gravity distribution system, the following apply:

(1) (1) The pump must discharge at least 10 gallons per minute but no more than 45 gallons per minute.

(2) (2) The pump must be constructed and fitted with sound, durable, and corrosion-resistant materials.

(3) (3) The pump must have sufficient dynamic head for both the elevation difference and friction loss.

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15.9 4 Pumps for Pressure Distribution. Pumps used for pressure distribution must meet the following requirements:

(1) (1) Pumps must be constructed and fitted with sound, durable, and corrosion-resistant materials.

(2) (2) The pump discharge capacity must be based on the perforation discharges for a minimum average head of:

(A) (A) 1.0 foot for ¼-inch and 3/16-inch perforations for dwellings;

(B) (B) 2.0 feet for 1/8-inch perforations for dwellings

(D) (D) 5.0 feet for 1/8-inch perforations for MSTS and other establishments.

(3) (3) Perforation discharge is determined by the following formula:

Q = 19.65 cd2h1/2

Where: Q = Discharge in Gallons Per Minute (GPM) c = 0.6- = coefficient of discharge d = perforation diameter in inches h = head in feet

15.10 5 Pump Discharge Head. The pump discharge head must be at least five feet greater than the head required to overcome pipe friction losses and the elevation difference between the pump and the distribution device.

15.11 6 Maximum Dose Volume. The quantity of effluent delivered for each pump cycle must be no greater than 25 percent of the design flow and at least fivefour times the volume of the distribution pipes plus onethe volume of the supply pipe.

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SECTION 16 TREATMENT AND DISPERSAL

16.1 General. Treatment and dispersal of all sewage for new construction or replacement SSTS must in compliance with this Section and Section 17 to Section 21.

16.2 16.2 General Technical Requirements for All Systems. All new construction or replacement SSTS must be designed to meet or exceed the following provisions:

(1) (1) All treatment and dispersal methods must be designed to conform to all applicable federal, state, and local regulations.

(2) (2) Treatment and dispersal processes must prevent sewage or sewage effluent contact with humans, insects, or vermin.

(3) (3) Treatment and dispersal of sewage or sewage effluent must be in a safe manner that adequately protects from physical injury or harm.

(4) (4) An unsaturated zone in the soil must be maintained between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock during loading of effluent.

(5) (5) Soil treatment and dispersal systems must not be designed in floodways. Soil treatment and dispersal systems installed in flood fringes must meet the requirements of Section 18.32. All soil treatment systems located in areas subject to excessive run-on must have a diversion constructed upslope from the system.

(6) (6) SSTS components must be setback in accordance with Table V.

(7) (7) No component of an SSTS is allowed to be located under or within the structure or other impermeable surface.

(8) (8) Flow measurement must be employed for all single family dwellings and other establishments with a pump tank, all single family dwellings with a Type III, IV, V systems, and all multi-family dwellings.

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Table V – Minimum Setback Distances (Feet) Soil Treatment and Feature Sewage Tank Dispersal Area Water supply wells less than 50 feet deep and not 50 100 encountering at least 10 feet of impervious material Any other water supply well or buried suction pipe 50 50 Buried pipe distributing water under pressure 10 10 Occupied buildings and buildings with basements or 10* 20 crawl spaces Non-occupied structures, deck post footings 5* 10 Property lines 10 10 Above ground and in-ground swimming pools 10* 10 The Ordinary High Water Mark Level (OHWL)of: Natural Environment Lakes and Streams 150* 150 Recreational Development Lakes and Streams 75* 75 General Development Lakes and Streams 75* 75 All unclassified waters 75 75 Transition Rivers/Streams 150* 150 Tributary Rivers/Streams 150* 150

Other Perennial Surface Water FeaturesWetland Edge 50* 50 if Delineated (minimum 50’ to OHWL) 20 * 20

St. Croix River-Rural Districts 150* 150 St. Croix River-Urban Districts 100* 100 Blufflines: St. Croix River Blufflines 40* 40 Shoreland Blufflines 20* 20 *On previously developed sites, tanks can be replaced in the same location as long as they are not closer to the feature being set back from.

16.3 Other Technical Requirements for Systems.

The following items are required for specific designs as determined in Section 17 to Section 21.

(1) (1) Employ components registered under Minnesota Rules 7083.4070 and 7083.4080 that are installed, used and operated according to the conditions placed on the registration.

(2) (2) EmployeeEmploy structural components and joint sealants that meet or exceed the system’s expected design life.

(3) (3) For acceptable treatment of septic tank effluent by soil, the soil treatment and dispersal systems must meet the following requirements:

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(A) (A) A minimum three-foot vertical soil treatment and dispersal zone shallmust be designed below the distribution media that meets the following criteria: i. The zone must be above the periodically saturated soil and bedrock. The zone must be continuous and not be interrupted by seasonal zones of saturation.

(i) The zone must be above the periodically saturated soil and bedrock. The zone must be continuous and not be interrupted by seasonal zones of saturation.

(ii) Any soil layers with a texture group of 1 in Table IX in Minnesota Rules, Chapter 7080.21501 must not be credited as part of the necessary three-foot zone.

ii. (iii) Any soil layers that are any of the United Stated Department of Agriculture (USDA) soil textures classified as sand with 35 to 50 percent rock fragments must be credited at only one-half their thickness as part of the necessary treatment zone. Soil layers regardless of soil texture, with greater than 50 percent rock fragments must not be credited as part of the necessary treatment zone. Layers that are given full, partial, or no credit must, in any layering arrangement in the soil profile, be cumulatively added to determine the amount of soil treatment zone in accordance with other soil treatment zone provisions. ii.iii. The entire treatment zone depth must be within seven feet from final grade.

(B) (B) The distribution system or media must not place a hydraulic head greater than 30 inches above the bottom of the absorption area.

(4) (4) The system’s absorption area must be in original soil.

(5) (5) The system’s absorption area and mound absorption ratio must be sized according to the Table IX-VI Loading Rate for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas Using Detailed Soil Descriptions as found in Minnesota Rules, Chapter 7080.21501, or by using Table VIVIa if not using detailed soil descriptions. Soils with a loading rate less than 0.45 gallons per day per square foot cannot be used in a Type I or Type II system for new construction.

Table VI Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas using Percolation TestsUsing Detailed Soil Descriptions*. Treatment Level Treatment Levels Treatment Levels A, Treatment Level C C A, A-2, B, and B-2 A-2, B, and B-2 USDA Soil Texture Soil Structure and PercolationA Mound Absorption SoilAbsorption Mound Absorption

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Grade bsorption Area Ratio Area Loading Rate Ratio*** Loading Rate (gpd/ft2) (Minutes Per Inchgpd/ft2) Sand, coarse sand, loamy sand, loamy Single grain, coarse sand, fine sand, granular, blocky, or very fine sand, loamy ** <1.0.1* -** -1.0 prismatic structure; fine sand, loamy very weak grade fine sand, 35-50% rock fragments Sand, coarse sand, Single grain, loamy sand, loamy granular, blocky, or 1.2 1.0.1 – 5* 1.206 1.0 coarse sand, <35% rock prismatic structure; fragments weak grade 0.1 – 5 (Soil Texture Group Single grain, 3)Fine sand, very fine granular, blocky, or 0.6 2.0 1.0 1.6 sand, loamy fine sand, prismatic structure; loamy very fine sand, weak grade >35% rock fragments 6–15Sandy loam, Granular, blocky, or coarse sandy loam, fine prismatic structure; 0.78 1.35 1.0 1.6 sandy loam, very fine weak to strong grade sandy loam Sandy loam, coarse sandy loam, fine sandy Platy with weak 0.68 1.8 0.87 1.8 loam, very fine sandy grade or massive loam Granular, blocky, or 16–30Loam prismatic structure; 0.6 2.0 0.78 2.1 weak to strong grade Platy with weak 31–45Loam 0.552 2.3 0.68 2.4 grade or massive Granular, blocky, or 46–60Silt loam, silt prismatic structure; 0.455 2.64 0.78 2.1 weak to strong grade Platy with weak >60**Silt loam, silt 0.2442 2.9 5.0.65 2.5 grade or massive Granular, blocky, or Clay loam, sandy clay prismatic structure; 0.45 2.6 0.6 2.7 loam, silty clay loam moderate to strong grade Clay, sandy clay, silty - - ** ** ** clay

* See Section 18.2 for a system with this type of soil (Type II, Rapidly Permeable Soils Systems)*Only includes soil horizons with <50% rock fragments, with very friable and friable consistence, and loose non-cemented sands. Soil horizons with >50% rock fragments must not come in contact with soil dispersal system media. ** Conduct percolation test and size under Table VIa. May need to be designed as a Type III System under Section 19 of this Chapter. *** Assume a hydraulic loading rate to the sand at 1.6 gpd/ft2.

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Table VIa Loading Rates for Determining Bottom Absorption Area and Absorption Ratios using Percolation Tests

Treatment Level C Treatment Levels A, Treatment Levels A, Treatment Level C Percolation Rate Absorption Area A-2, B, and B-2 A-2, B, and B-2 Mound Absorption (Minutes Per Inch) Loading Rate Absorption Area Mound Absorption Ratio (gpd/ft2) Loading Rate (gpd/ft2) Ratio <0.1 - 1.0 - 1.0 0.1 to 5 1.2 1.0 1.6 1.0 0.1 to 5 (fine sand 0.6 2.0 1.0 1.6 and loamy fine sand) 6 to 15 0.78 1.5 1.0 1.6 16 to 30 0.6 2.0 0.78 2.0 31 to 45 0.5 2.4 0.78 2.0 46 to 60 0.45 2.6 0.6 2.6 >60* - - - -

** Soil with too high a percentage of clay for installation of a Type I, or Type II system. Systems in soils with this Percolation Rate must be a Type III, Type IV or Type V system.

(6) (6) If drainfield rock medium is employed, a durable, nonwoven geotextile fabric must be used to cover the distribution rock medium. The fabric must be of sufficient strength to undergo installation without rupture. The fabric must permit passage of water without passage of overlying soil material into the rock medium.

(7) (7) All excavation into the absorption area, or surface preparation of the upper 12 inches of the absorption area, must be in a manner to expose the original soil structure in an unsmeared and uncompacted condition. Excavation is only allowed when the soil moisture content is at or less than the plastic limit and is not frozen or freezing.

(8) (8) Excavation equipment or other vehicles must not be driven on the excavated or prepared absorption area. Foot traffic on these areas must be minimized and not cause compaction. The exposed areas must be immediately covered with the media or designed coverage materials. If the areas are exposed to direct rainfall, they must be allowed to dry and must be re-prepared according to Section 1617.3 (7(3)(J ).

(9) (9) A minimum of six inches of topsoil borrow shall be placed over the system.

(10) (10) A close-growing, vigorous vegetative cover must be established over the soil treatment and dispersal system and other vegetatively disturbed areas. The sodding, seeding, or vegetation establishment shall begin immediately after the placement of the topsoil borrow. TheIf the climatic season does not allow immediate establishment of vegetation, the soil treatment and dispersal system must be protected from erosion and excessive frost untiland a vegetative cover ismust be established as soon as favorable climatic conditions exist. The vegetative cover established must not interfere with the hydraulic performance of the system and shall provide adequate frost and erosion protection. Trees, shrubs, deep-rooted plants, or hydrophytic plants must not be planted on the system.

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(11) Sewage tank effluent concentrations to the soil dispersal system must not exceed a BOD concentration of 170 mg/L, a CBOD5 concentration of 125mg/L, a TSS concentration of 60 mg/L, or an oil and grease concentration of 25 mg/L. (12) The distribution media must not be in contact with soils that have any sand soil texture containing 50 percent or more rock fragments or any soils that have a percolation rate of less than 0.1 minutes per inch. (13) The contour loading rate for soil dispersal systems must be between 1 and 12 gallons per lineal foot per day

16.4 Nitrogen BMP. At a minimum, systems designed under this Chapter with a design flow of greater than 2,500 gallons per day, which impact water quality of an aquifer, as defined in Minnesota Rules, Chapter 4725.0100, subpart 21, must employ best management practices for nitrogen reduction developed by the Commissioner to mitigate water quality impacts to groundwater.

16.5 Final treatment and dispersal for MSTS shall meet the following requirements:

(1) (1) General. Final treatment and dispersal must be according to applicable design requirements of this Chapter, except as modified in this Section. Code of Federal Regulations, Title 40, Parts 144 and 146, prescribe additional design regulations applicable to certain systems. At a minimum, flow amounts to be used for the purpose of this Section must be derived from Table I or II in Section 12 of this Chapter.

(2) (2) Setbacks. MSTS must meet all setbacks in Table V.

(3) (3) Minimal Soil and Site Conditions. The site proposed to support the soil treatment and dispersal system must:

(A) (A) Have the upper 18 inches of the absorption area:

i. (i)Be original soil.;

ii. (ii) Have a soil loading rate of greater than zero as listed in Table IX in Minnesota Rules, Chapter 7080.21501VI or Table VIVIa, in Section 16.3.;

iii. (iii) Be above the periodically saturated soil or bedrock.;

(B) Meet the area size requirements in Section 16.5 (5) and Setbacks in Table V.

(B) (C) Not be a wetland or floodway.;

(D) (E) Allow the system to be placed on contour.

(4) (4) Inspection Pipes. Inspection pipes must be located to adequately assess the hydraulic performance of the entire soil dispersal system.

(5) (5) Soil Absorption Area Sizing

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(A) Effluent loading rates to the soil shall be no greater than loading rates prescribed in:

i. (A) Table IX in Minnesota Rules, Chapter 7080.21501Table VI,or Table VIVIa in Section 16.3, if the absorption area receives treatment level C effluent as defineddescribed in Minnesota Rules 7083.4030.

(B) Table XII in Minnesota Rules, Chapter 7080.23504,or Table X in Section 20.5, if the absorption area receives treatment level A or B effluent in part Minnesota Rules, 7083.4030.

ii. (C) Section 21.

(5)(6) (6) If the absorption area receives effluent not as described in Section 16.5 (5)(A), the absorption area shall be increased by 50 percent of the amount derived in Section 16.5 (5)(A),Table VI or VIa, and zoned for dosing and resting.

(6)(7) (7) System Geometry, Lawn Area Sizing, and Groundwater Mounding. The system geometry and lawn area sizing shall be sized to prevent groundwater mounding from violating the unsaturated zone beneath the soil system according to Section 16.5 (89) for proper hydraulic functioning, and for concentration reduction of nitrogen and phosphorus, if applicable.

(7)(8) (8) Reserve Land Area. Additional set-aside land area of 100 percent of the size determined in Section 16.5 (5) to 16.5(7) is required for systems whose absorption area receives effluent meeting treatment level A or B in part Minnesota Rules, 7083.4030 or designed in accordance with Section 21. Additional land area of 50 percent of the size determined in Section 16.5 (5) to 16.5(7) is required for systems whose absorption area receives treatment level C in part Minnesota Rules, 7083.4030. The reserve land area must be identified and protected for future use if necessary. Replacement MSTS proposed on sites that cannot meet this requirement are allowed to be exempted by the Department or local unit of government.

(8)(9) (9) Soil Treatment Zone. For treatment of effluent by soil to meet the performance criteria in Section 4.98 (3) of this Chapter, the soil treatment and dispersal systems must meet the requirements below:

(A) (A) For soil treatment and dispersal systems that receive treatment level A-2, B-2, or C effluent as described in Minnesota Rules, 7083.4030, the soil treatment zone requirements must meet or exceed the requirements of Section 16.3 (3). The required three-foot vertical separation must be maintained during operation after accounting for groundwater mounding.

(B) (B) For soil treatment and dispersal systems that receive treatment level A or B effluent as described in Minnesota Rules, 7083.4030, the soil treatment zone requirements must meet or exceed the following requirements: of Section 16.3 (3), unless modified in Table VI in Section 16.3 (5), with a minimum vertical separation of two feet. The required vertical separation must be maintained during operation after accounting for groundwater mounding.

(i) A minimum vertical depth of the soil treatment and dispersal zone below the distribution media shall be determined according to Table IX in Section 20, with a minimum vertical separation of two feet. This zone shall meet the following criteria:

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iii. a. The zone must be above the periodically saturated soil and bedrock. The zone must be continuous and not be interrupted by seasonal zones of saturation.

b. Any soil layers with a texture group of 1 in Table IX in Minnesota Rules, Chapter 7080.21501 must not be credited as part of the necessary treatment zone.

c. The entire treatment zone depth must be within seven feet from final grade.

(ii) The distribution system or media must not place a hydraulic head greater than 30 inches above the bottom of the absorption area.

(iii) The system’s absorption area must be original soil.

(iv) The systems absorption area must be sized according to Section 16.5 (5).

(C) (C) The minimum vertical separation can be determined by the method described in Section 21.1(3) to meet provisions of Section 4.98 (3).

(D) (D) An observation well to measure the height of the periodically saturated soil beneath the operating system must be installed and monitored according to the operating permit.

(9)(10) (10) Nitrogen Reduction. MSTS systems must employ nitrogen mitigation methods to achieve compliance with Section 4.98 (4), and must be monitored in accordance with Section 11.4 of this Chapter.

(10)(11) (11) Phosphorus Reduction. Phosphorus mitigation methods must be employed to achieve compliance with Section 4.98 (5), if natural processes are found inadequate.

(11)(12) (12) Design Report. All information required in this Section shall be submitted for review and approval by the Department or local unit of government prior to system construction, including all applicable information delineated on a map.

16.6 Collection Systems. The collection system for the collection of sewage from multiple buildings or multiple other establishments discharging into an MSTS must be designed: (1) According to the Prescriptive Designs and Design Guidance for Advanced Designers, incorporated by reference under Section 5.2(4); or (2) By a Minnesota licensed professional engineer.

16.7 Construction Requirements. MSTS construction must be according to applicable construction requirements of this Chapter.

16.7 16.8 MSTS Design Standards. The design standards for new construction or replacement MSTS are provided to meet many of the public health and environmental outcomes in Section 4. In some cases, specific design methods must be employed in addition to the standards provided in this Chapter.

16.8 16.9 Prohibited Discharges.

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MSTS must not receive storm water or other sources of clean water.

16.9 16.10 Component Longevity. All structural components of the system and sealants must be designed to operate throughout the system's design life.

16.10 16.11 Flow Measurement Device. A flow measure device must be employed on all MSTS.

16.11 12 System Access. The system must be designed with sufficient access and ports to monitor the system as applicable.

16.12 16.13 Registered Products. MSTS must employ components registered under parts 7083.4000 to 7083.4110 or have sufficient regulatory oversight in the operating permit.

16.13 16.14 Designer Inspections. The MSTS designer must observe critical periods of the system construction. The designer shall prepare a report of observed construction activities and submit the report to the Department or local unit of government prior to the final inspection.

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SECTION 17 TYPE I SYSTEMS

17.1 Type I Systems. Systems designed according to this Section are considered Type I Systems., as defined in Section 2.2 (132). Systems in soils with a loading rate less than 0.45 gallons per day per square foot cannotmust not be used in a Type I system for new construction.

17.2 Trenches and Seepage Beds

(1) (1) Characteristics. To qualify as a trench or seepage bed system, the system must meet or exceed the following requirements:

(A) (A) Employ flow values in Section 12.

(B) (B) Meet or exceed applicable technical requirements of Section 13, Section 14, and Section 15.

(D) Meet the requirements of Section 17.2 (2) to Section 17.2 (15).

(2) (2) General. Seepage bed placement must be limited to areas having natural slopes of less than six (6) percent. Absorption areas for seepage beds must not be placed in soils with a texture group loading rate of 8 on less than 0.45 gallons per day per square foot or as shown in Table IX in Minnesota Rules, Chapter 7080.21501VI or Via. Seepage beds must not be located in floodplains.

(3) (3) Sizing of Trenches and Seepage Beds (A) The trench bottom absorption area is calculated by dividing the design flow by the appropriate soil loading rate in Table IX in Minnesota Rules, Chapter 7080.21501VI or Table VIVIa.

(B) (4) If gravity distribution is used in seepage beds, the seepage bed absorption area is calculated by dividing the design flow by the soil loading rate and then multiplying that value by 1.5.

(C) (5) If pressure distribution is used in seepage beds, the seepage bed absorption area is determined by dividing the design flow by the soil loading rate in Table IX in Minnesota Rules, Chapter 7080.21501VI or Table VIVIa.

(D) (6) The minimum sidewall absorption is six (6) inches. The bottom absorption area is allowed to be reduced, for gravity distribution trenches only, by the following:

Sidewall Absorption- Sizing Inches Equivalent 8-11 7% 12-17 20% 18-23 34% 24 40%

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(7) A 40 percent reduction is not allowed with a loading rate of 1.2 gallons per day per square foot.

(4) Design and Construction of Trenches and Seepage Beds Trenches must be no more than 36 inches wide. Any excavation wider than 36 inches shall be consideredis a seepage bed.

(8) A seepage bed must not be wider than 12 feet if gravity distribution is used.

(9) A seepage bed must not be wider than and 25 feet if pressure distribution is used.

(10) Natural, undisturbed soil must exist between multiple trenches and seepage beds.

(A) (11) Multiple seepage beds must be spaced at one-half the bed width. Multiple units must be designed based on contour loading rates as described in Section 2.2 (22) and Section 17.3 (9).

(B) (12) A vertical inspection pipe at least four inches in diameter must be installed and secured in the distribution medium of every trench and seepage bed. The inspection pipe must be located at an end opposite from where the sewage tank effluent enters the medium. The inspection pipe must have three-eighths inch or larger perforations spaced vertically no more than six inches apart. At least two perforations must be located in the distribution medium. Perforations must not be located above the geotextile cover or wrap. The inspection pipe must extend to the bottom of the distribution medium, be secured, and be capped flush with or above finished grade.

(C) (13) The top and bottom of the distribution medium must be level along the contour. Sidewalls must be as vertical as practical and not intentionally sloped.

(D) (14) The minimum depth of soil cover, including topsoil borrow, over the distribution medium is 12 inches.

(E) (15) Trenches or seepage beds must be backfilled and crowned above finished grade to allow for settling. The top six inches of the backfill must have the same texture as the adjacent soil. (F) Trenches and seepage beds in which the distribution media is in contact with soils that are sand, loamy sand, fine sand, or loamy fine sand or soils with a percolation rate of 0.1 to 5 minutes per inch must employ one or more of the following measures: i. Employ pressure distribution according to Section 14.4; ii. Divide the total dispersal area into multiple units that employ serial distribution, with each dispersal unit having no greater than 15 percent of the required bottom absorption area; iii. Have a vertical separation distance of at least five feet.

17.3 Mounds

(1) (1) Mound System Requirements. To qualify as a mound system, the system must meet or exceed the following requirements:

(A) (A) Employ flow values in Section 12.

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(B) (B) Meet or exceed applicable technical requirements of Section 13, Section 14, and Section 15.

(D) Meet the requirements of Section 17.3 (2) to Section 17.3 (30).

(2) Location of Mounds

(A) (2) The upper 18 inches of the original soil mound absorption area must have a minimum loading rate of 0.45 gallons per day per square foot and a mound absorption ratio greater than zero, but no more than 2.6 in Table IX in Minnesota Rules, Chapter 7080.21501VI or Table VIVIa. The upper 18 inches of the absorption area must also be above the periodically saturated soil or bedrock.

(B) (3) For previously developed sites, the upper 12 inches of the original soil mound absorption area must have a mound absorption ratio of greater than zero in Table IX in Minnesota Rules, Chapter 7080.21501 orVIor Table VIVIa. The upper 12 inches of the absorption area must also be above the periodically saturated soil or bedrock.

(D) (5) On slopes of one percent or greater and where the original soil mound absorption ratio is 2.6 or greater in Table IX in Minnesota Rules, Chapter 7080.2150VI or Table VIVIa, mounds must not be located where the ground surface contour lines that lie directly below the long axis of the distribution media bed represent a swale or draw, unless the contour lines have a radius of curvature greater than 100 feet. In no case shall mounds be placed on slopes greater than 12 percent.

(E) (6) Mounds must never be located in swales or draws where the radius of curvature of the contour lines is less than 50 feet. (F) In no case shall mounds be placed on slopes greater than 12 percent.

(3) Mound Design and Construction

(A) (7) The mound distribution media bed area consists of bottom area only and must be calculated by dividing the design flow by 1.0 gallons per square foot per day.

(B) (8) The mound distribution media bed area must be as long and narrow as practical. Mound distribution media beds bed width is determined according to Section 16.3 (13) and must be no wider than ten feet.

(9) Mound distribution bed length and width must be determined by the contour loading rate, which is the relationship between the vertical and horizontal water movement based on the following soil conditions:

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(A) The permeability difference between the original soil mound absorption area and slower permeability horizons below the original soil mound absorption area.

(B) The depth between the original soil mound absorption area and the change in permeability described in Subitem (A).

(C) (10) Clean sand must be used to elevate the mound distribution media bed and must consist of sound, durable material that conforms to the following requirements:

Sieve Size Percent Passing No. 4 95-100 No. 8 80-100 No. 10 0-100 No. 40 0-100 No. 60 0-40 No. 200 0-5

Clean sand must also contain less than three percent deleterious substances and be free of organic impurities.

(D) (11) The original soil mound absorption area is determined by multiplying the original soil mound absorption length by the original soil mound absorption width. The original soil absorption width is calculated by multiplying the mound distribution media bed width by the mound absorption ratio. The mound absorption ratio of the upper 18 inches of soil for new construction, or 12 inches of soil for previously developed sites, in the proposed original soil mound absorption area shall be determined according to Table IX in Minnesota Rules, Chapter 7080.21501VI or Table VIVIa.

(E) (12) The required original soil absorption width for mounds constructed on slopes from zero to one percent must be centered under the mound distribution media bed width. The required original mound soil absorption width constructed on slopes greater than one percent must be measured downslope from the upslope edge of the mound distribution media bed width and measured in the direction of the original land slope and perpendicular to the original contours.

(F) (13) The side slopes on the mound must nonot be steeper than three horizontal units to one vertical unit and shall extend beyond the required absorption area, if necessary.

(G) (14) Distribution of effluent over the mound distribution media bed must be by level perforated pipe under pressure according to Section 14 and Section 15.

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(H) (15) The supply pipe from the pump to the original soil absorption area must be installed before surface preparation of the original mound soil absorption area. The trench excavated for the supply pipe must be carefully backfilled and compacted to prevent seepage of effluent.

(I) (16) Vegetation in excess of two inches in length and dead organic debris including leaf mats must be removed from the original soil mound absorption area. Trees must be cut nearly flush with the ground and stumps must not be removed.

(J) (17) The original soil mound absorption area must be roughened by backhoe teeth, moldboard, or chisel plow. The soil must be roughened to a depth of eight inches. Discing is allowed if the upper eight inches of soil has a texture of sandy loam or coarser. If plowed, furrows must be thrown uphill and there must not be a dead furrow in the original soil mound absorption area. A rubber tired tractor is allowed for plowing or discing. Rototilling or pulverizing the soil is not allowed. The original soil must not be excavated or moved more than one foot from its original location during soil surface preparation.

(K) (18) All surface preparation must take place when the upper 12 inches of soil has a moisture content of less than the plastic limit and soil conditions allow field testing of soil properties and these properties are maintained throughout the installation.

(L) (19) Prior to placement of six inches of clean sand, vehicles must not be driven on the original soil mound absorption area before or after the surface preparation is completed. The clean sand must immediately be placed on the prepared surface.

(M) (20) If rainfall occurs on the prepared surface, the site must be allowed to dry below the plastic limit and roughened as described in Section 17.3 (173)(J).

(N) (21) The clean sand must be placed by using a construction technique that minimizes compaction. If the clean sand is driven on for construction, a crawler or track-type tractor must be used. At least six inches of sand must be kept beneath equipment to minimize compaction of the prepared surface.

(O) (22) A minimum of 12 inches of clean sand must be placed in contact with the bottom area of the mound distribution media bed and must be uniformly tapered to cover the entire original soil absorption area. Other sandy materials are allowed to be used outside of this area to complete construction of the mound.

(P) (23) The top of the clean sand layer upon which the mound distribution media bed is placed must be level in all directions.

(Q) (24) A vertical inspection pipe at least four inches in diameter must be installed and secured at the distribution medium and sand interface. The inspection pipe must have three- eighths inch or larger perforations spaced vertically no more than six inches apart. At least two perforations must be located in the distribution medium. Perforations must not be located above the permeable synthetic fabric, if used. The inspection pipe must extend to the bottom of the distribution medium, be secured, and be capped, flush with or above finished grade.

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(R) (25) On slopes of one percent or greater, the upslope edge of the mound absorption bed must be placed on the contour.

(S) (26) The sidewalls of the mound absorption bed must be as vertical as practical and not intentionally sloped.

(T) (27) A minimum of six inches of sand, sandy loam or loam material must be placed on the top of the mound absorption bed and sloped upwards towards the center of the mound a minimum of ten horizontal units to one vertical unit.

(U) (28) Construction vehicles must not be allowed on the distribution media until backfill is placed as described in Section 17.3 (27)..

(V) (29) A minimum of six inches of topsoil borrow must be placed over the entire mound.

(W) (30) A vegetative cover must be established over the entire area of the mound. The mound shall be protected until a vegetative cover is established by use of erosion control. The established vegetative cover shall not interfere with the hydraulic performance of the system and shall provide adequate frost and erosion protection.

17.4 At-Grade Systems

(1) (1) At-Grade Systems. To qualify as an at-grade system, the system must meet or exceed the following requirements:

(A) (A) Employ flow values in Section 12.

(B) (B) Meet or exceed the applicable technical requirements of Section 13, Section 14, and Section 15.

(D) Meet the requirements of Section 17.4 (2) to Section 17.4 (14).

(2) (2) Location of At-Grade Systems (A) The upper 12 inches of the absorption area must have a loading rate of 0.45 gallons per day per square foot or greater as shown in Table IX in Minnesota Rules, Chapter 7080.21501VI or Table VIVIa.

(B) (3) At-grade systems must not be installed in areas with slopes greater than 12 percent.

(2)(3) Design and Construction of At-Grade Systems

(5) The at-grade absorption width must be as long and narrow as practical. The at-grade absorption width must not exceed a width of 15 feet. The at-grade absorption widths must be determined by

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the contour loading rate, which is the relationship between the vertical and horizontal water movement water movement based on the following soil conditions:

(A) The permeability difference between the original soil mound absorption area and slower permeability horizons below the original soil mound absorption area.

(B) The depth between the original soil mound absorption area and the change in permeability described in Section 17.4 (5)(A).

(6) The minimum at-grade absorption bed width shall be calculated by dividing the contour loading rate, according to Section 16.3 (13), by the soil loading rate, and must not exceed a width of the upper 12 inches of soil.

(7) 15 feet. The minimum at-grade absorption length must be calculated by dividing the design flow by the soil loading rate found in Table IX in Minnesota Rules, Chapter 7080.21501 or Table VI for the upper 12 inches of soil and then dividing that value by the absorption bed width.

(A) (8) The at-grade bed absorption width for slopes of one percent or greater does not include any width of the media necessary to support the upslope side of the pipe.

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(B) The at-grade absorption length must be calculated by dividing the design flow by the soil loading rate found in Table VI or VIa, for the upper 12 inches of soil and dividing by the absorption bed width.

Table VII At-Grade Contour Loading Rates Contour Perc Loading Soil Loading Rate Rate Texture Other Characteristics in Rate (mpi) upper 48 inches (GPD/ft) No textural change 6 Coarse <0.1* 0.00 Saturated soil <3' Sand 5 Bedrock<4' No textural change 8 Sand Layers of other textures 7 Loamy 0.1 to 5.0 1.60 Sand Fine Banding 4 Sand Saturated soil <3' 5 Bedrock<4' 5 Strong to moderate structure 7 No textural change Weak structure Sandy 6 6 to 15 1.00 Loam Layers of other textures Platy or massive structure Saturated soil <3' 5 Bedrock<4' Strong to moderate structure 6 Loam No textural change Silt Loam Weak structure Silt 5 16 to 60 0.6-0.78 Layers of other textures Clay Loam Sandy Clay Platy or massive structure Silty Clay Saturated soil <3' 4 Bedrock<4' Strong to moderate structure 3 No textural change Clay Weak structure 61 to 120 2 0.0-0.3 Sandy Clay Layers of other textures >120 Silty Clay Platy or massive structure Saturated soil <3' 2 Bedrock<4'

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*See Section 18.2 for a system with this type of soil (Type II, Rapidly Permeable Soils Systems)

(C) (9) At-grade systems must employ pressurized distribution by meeting or exceeding the applicable requirements of Section 14.4 and Section 15 except where modified by this section. At-grade systems located on slopes of one percent or greater require only one distribution pipe located on the upslope edge of the distribution media, with the absorption bed width being measured from the distribution pipe to the downslope edge of the media. Multiple distribution pipes are allowed to be used to provide even distribution, if necessary, based on site conditions.

(D) (10) The upslope edge of an at-grade absorption bed must be installed along the natural contour.

(E) (11) At-grade materials must be placed using construction techniques that minimize compaction.

(F) (12) Six inches of loamy or sandy cover material must be installed over the distribution media. Cover must extend at least five feet from the ends of the rock bed and be sloped to divert surface water. Side slopes must not be steeper than four horizontal units to one vertical unit. Six inches of topsoil borrow must be placed on the cover material.

(G) (13) One vertical inspection pipe of at least four inches in diameter must be installed along the downslope portion of the absorption bed. The inspection pipe must have three- eights inch or larger perforations spaced vertically no more than six inches apart. Perforations must not exist above the distribution medium. The inspection pipe must extend to the absorption bed and soil interface, be secured, and be capped, flush with or above finished grade.

(H) (14) A vegetative cover must be established over the entire area of the at-grade. The at- grade shall be protected until a vegetative cover is established by use of erosion control. The established vegetative cover shall not interfere with the hydraulic performance of the system and shall provide adequate frost and erosion protection.

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SECTION 18 TYPE II SYSTEMS

18.1 Type II Systems. Systems designed according to this Section are considered Type II systems. Systems in soils with a loading rate less than 0.45 gallons per day per square foot cannotmust not be used in a Type II system for new construction.

18.2 Rapidly Permeable Soils

(1) A system must be designed under this part if the soil in the proposed absorption area, or within three vertical feet of the absorption area, has a soil texture groups of 1 through 3 in Table IX in Minnesota Rules, Chapter 7080.21501 or a percolation rate of 0.1 to 5.0 minutes per inch in Table VI. The system must meet or exceed the following requirements:

(A) Employ flow values in Section 12.

(I) (B) Meet or exceed applicable technical requirements of Section 13, Section 14, and Section 15, except as modified in this part.

(D) Meet or exceed requirements of Section 16.2 and 16.3, except as modified in this Section.

(E) Meet the requirements of Section 18.2 (2) to Section 18.2 (3)

(2) The distribution media must not be in contact with soils with a texture group of 1 in Table IX in Minnesota Rules, Chapter 7080.21501 or a percolation rate of less than 0.1 minutes per inch in Table VI.

(3) If the distribution media is in contact with soil with soil texture groups 2 or 3 in Table IX in Minnesota Rules, Chapter 7080.21501 or a percolation rate of 0.1 to 5.0 minutes per inch in Table VI, the distribution of effluent must comply with Minnesota Rules, Chapter 70806.

18.3 Floodplain Areas

(1) (1) General. SSTS must be designed under this part if the system is proposed to be located in a floodplain. A system located in a floodplain must meet or exceed the following requirements:

(A) (A) Employ flow values in Section 12. (B) Meet or exceed applicable technical requirements of Section 13, Section 14, and Section 15, except as modified in this part.

(B) Meet or exceed applicable technical requirements of Section 13, Section 14, and Section 15, except as modified in this part.

(D) (D) Meet or exceed requirements of Section 16.2 and 16.3, except as modified in this part.

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(E) (E) Meet the requirements of Section 18.32 (2) to Section 18.32 (11).

(2) (2) State and Local Requirements. The allowed use of systems in floodplains must be according to state and local floodplain requirements.

(3) (3) Location of System. An SSTS must not be located in a floodway and, whenever possible, placement within any part of the floodplain should be avoided. If no alternative exists, a system is allowed to be placed within the flood fringe if the requirements of Section 18.32 (4) to Section 18.32 (11) are met.

(4) (4) Openings. There must be no inspection pipe or other installed opening from the distribution media to the soil surface.

(5) (5) Highest Feasible Area. An SSTS must be located on the highest feasible area of the lot and must have the location preference over all other improvements, except the water supply well. If the ten-year flood data are available, the bottom of the distribution media must be at least as high as the elevation of the ten-year flood.

(6) (6) Pump. If a pump is used to distribute effluent to the soil treatment and dispersal system, provisions shall be made to prevent the pump from operating when inundated with floodwaters.

(7) (7) Raising Elevation. When it is necessary to raise the elevation of the soil treatment system to meet the vertical separation distance requirements, a mound system as specified in Section 17.3 is allowed to be used with the following additional requirements:

(A) (A) The elevation of the bottom of the mound bed absorption area must be at least on- half foot above the ten-year flood elevation, if ten-year flood data are available.

(B) (B) In no case shall the sand fill for the mound exceed 48 inches below the mound bed absorption area.

(D) (D) The placement of clean sand and other fill must be done according to any community adopted floodplain management ordinance.

(8) (8) Inundation of Top. When the top of a sewage tank is inundated, the dwelling must cease discharging sewage into it.

(9) (9) Backflow. Backflow prevention of liquid into the building when the system is inundated must be provided. If a holding tank is used, the system must be designed to permit rapid diversion of sewage into the holding tank when the system is inundated.

(10) (10) Holding Tank. If a holding tank is used to serve a dwelling, the holding tank’s capacity must equal 100 gallons times the number of bedrooms times the number of days between the ten- year stage on the rising limb of the 100-year flood hydrograph and the ten-year stage on the falling limb of the hydrograph, of 1,000 gallons, whichever is greater. The holding tank must be accessible for removal of tank contents under flooded conditions.

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(11) (11) Water Level Above Top. Whenever the water level has risen above the top of a sewage tank, the tank must be pumped to remove all solids and liquids after the flood has receded and before use of the system is resumed.

18.43 Privies

(1) (1) Privies Allowed. Privies shall only be considered when there is no water supplied to the dwelling.

(2) (2) Pit Privies and Vault Privies. Pit privies shall not be installed where the bottom of the pit is less than three feet above the saturated soil or bedrock. A vault privy shall be used in areas not meeting the three foot separation. The vault of a vault privy shall be constructed in the same manner as a sewage tank in accordance with Section 13.

(3) (3) Setbacks. Privies shall be set back from surface waters, buildings, property lines, and water supply wells as prescribed in Table V.

(4) (4) Privy Sizing. Pits or vaults shall be of sufficient capacity for the dwelling they serve, but shall have at least 50 cubic feet of capacity. The sides of the pit shall be curbed to prevent cave-in. The privy shall be constructed so as to be easily maintained and it shall be insect proof. The door and seat shall be self-closing. All exterior openings, including vent openings, shall be screened.

(5) (5) Vented. Privies shall be adequately vented.

(6) (6) Maintenance. When the privy is filled to within one foot of the top of the pit, the solids shall be removed.

(7) (7) Abandonment. Abandoned pits shall have the solids removed and be filled with clean earth and slightly mounded to allow for settling. Removed solids shall be disposed of in accordance with Section 22.

18.54 Holding Tanks

(1) (1) Holding Tanks Residential Use. Holding tanks may be considered for installation installed on previously developed sites, as a temporary methodbasis for periods of up to 12 months, during which time measures are taken to provide municipal sewer service or the installation of an approved system as provided in this Chapter. Holding tanks may also be considered on a permanent basis on previously developed seasonal sites where occupancy is no more than 180 days per year, water use is no more than 75 gallons per day and a development agreement has been submitted and approved by the Department.

(2) Holding Tanks Non-Residential Use. Holding tanks may be considered on a permanent basis for non-residential, low water use establishments with a sewage flow of 150 gallons per day or less, subject to approval by the Department or local unit of government.

(2) (3) . Holding Tanks Required. Holding tanks must be used for floor drains for vehicle parking areas and existing facilities potentially generating hazardous waste.

(3) (4) ToHolding Tank RequirementsTo qualify as a holding tank, the system must:

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(A) (A) Meet or exceed applicablethe requirements of Section 13.2 or 13.3

(B) (B) Meet or exceed the applicable requirements of Section 16.2.(6).

(D) Meet the requirements of Section 18.5 (2) to Section 18.5 (10).

(4) (5) Watertightness All tanks used as holding tanks must be tested once placed at the final location for watertightness as specified in Minnesota Rules, Chapter 7080.201022010.

(5) (6) Holding Tank Access. A cleanout pipe of at least six inches in diameter must extend to the ground surface and be provided with seals to prevent odor emissions and exclude insects and vermin. A maintenance hole of at least 20 inches in least dimension must extend through the cover to a point within 12 inches, but no closer than six inches, below finished grade. If the maintenance hole is covered with less than six inches of soil, the cover must be secured according the Section 13.1318.

(6) (7) Holding Tank Sizing. For a dwelling, the minimum size is 1,000 gallons or 400 gallons times the number of bedrooms, whichever is greater. For other establishments, the minimum capacity shall be at least five times the design flow. Tank sizing for floodplain areas must be calculated according to Section 18.3 (102 (9).

(7) (8) Location. Holding tanks must be located in an area readily accessible to the pump truck under all weather conditions and where accidental spillage during pumping will not create a nuisance and must meet the setback requirements of Table V.

(8) (9) Alarm Required. Holding tanks must have an alarm device to minimize the chance of accidental sewage overflow unless regularly scheduled pumping is used. An alarm device shall identify when the holding tank is at 75 percent capacity.

(9) (10) Maintenance Contract. A contract for disposal and treatment of the septage shall be maintained by the owner with a licensed Maintainer.

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SECTION 19 TYPE III SYSTEMS

19.1 Type III Systems. A system designed according to this partthat deviates from the requirements in Section 17 is considered a Type III system. A system in soils with a loading rate of less than 0.45 gallons per day per square foot may be installed on previously developed sites as a Type III system. TheDeviations from the standards in Section 17 of the Chapter must be submitted to the Department or for approval or denial. However, no deviation is allowed from the following standards; and, at a minimum a Type III system must:

(1) (1) Employ design flow values set forth in Section 12.

(2) (2) Meet the requirements of Section 13. (2)(3) Meet or exceed technical requirements in Section 14.7 (1).

(4) (3) Meet or exceedMeet the requirements in Section 15 with mound and at-grade systems required to have pressure distribution. (5) Provide flow measurement. Meet the requirements of Section 16.2.

(6) (4) Meet or exceed the requirements of Section and 16.3 (14. (3)(7) Meet the requirements of Section 16.3 (1), Section 16.3 (2), Section 16.3 (23), Section 16.3 (36), Section 16.3 (7), Section 16.3 (8), and Section 16.3 (9).

(8) (5) Follow the absorption loading rates in Table VI or Table VIa. (4)(9) For previously developed sites, if the site cannot accommodate a soil treatment and dispersal system sized in accordance with Table IX in Minnesota Rules, Chapter 7080.21501VI or Table VIVIa, a smaller soil treatment and dispersal system is allowed to be constructed if it employs flow restriction devices that do not allow loadings in excess of those in Table IX in Minnesota Rules, Chapter 7080.21501 or Table VIVI or Table VIa. In those cases where a loading rate or mound absorption ratio is not listed in Table VI or Table VIa, an alternative loading rate or absorption ratio must be proposed.

19.2 Flow Restriction Device. Absorption areas sized smaller than a Type I system must employ flow restriction devices that to not allow absorption area loadings in excess of those in Table IX in Minnesota Rules, Chapter 7080.21501VI or Table VIVIa. This provision does not apply to the original soil, clean sand absorption area of a mound system.

19.3 Previously Developed Sites. Type III systems canmay be used on previously developed sites only when a Type I or Type II system cannot be installed or is not the most suitable treatment.

19.4 Type III systems will not be allowed in areas where a new system or modifications to a new system are not feasible if failure occurs.

19.5 19.4 Type III Systems Allowed. Type III systems will be allowed for undeveloped lots only when two Type I or Type II soil treatment and dispersal areas have been identified on the lot, in addition to the area utilized by the Type III soil treatment and dispersal area. The lot must be able to accommodate long-term sewage treatment in addition to the area utilized by the Type III system.

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19.65 Graywater Systems

(1) (1) General. Graywater Systems shall be classified as a Type III system and must meet or exceed the following requirements:

(A) (A) Employ 60 percent of the flow values in Section 12.

(B) (B) Meet or exceed applicable requirements of Section 13, Section 14, and Section 15, except as modified in this part.

(D) (D) Meet or exceed the requirements of Section 16.2 and Section 16.3.

(E) Meet the requirements of Section 19.6 (2) and Section 19.6 (3).

(2) (2) Toilet Waste. Toilet waste must not be discharged to a graywater system.

(3) (3) Sewage Tanks. The liquid capacity of a graywater septic tank serving a dwelling must be based on the number of bedrooms existing and anticipated in the dwelling served and shall be at least as large as the capacities given in Table VIII.

Table VIII – Minimum Septic Tank Capacity for Graywater Systems Number of Bedrooms Tank 1 Tank 2 Two or less 1,000 500 Three 1,000 500 Four to Five 1,000 1,000 Six to Seven 1,000 1,000 Eight to Nine 1,500 1,000 Septic tank shall be sized as: (2,000 + ((# of bedrooms - Ten or More 9) X 150)).

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SECTION 20 TYPE IV SYSTEMS

20.1 General. A system designed according to this part is considered a Type IV System. TheThis system must:

(1) (1) Employ design flow values set forth in Section 12.

(2) (2) Meet or exceed applicable technical requirements of Section 13, Section 14, and Section 15.

(3) (3) Meet or exceed the requirements of Section 16.2.

(4) (4) Meet or exceed the requirements of Section 16.3 (1) and Section 16.3 (2).3except as modified in this part.

(5) (5) Meet or exceed the requirements of Table IX, and Table XII in Minnesota Rules, Chapter 7080.23504 or Table X. (6) Meet soil dispersal requirements of Section 17, except that the reductions in Section 17.2(3)(D)) are not applicable.

20.2 Previously Developed Sites. Type IV systems canmay be used on previously developed sites only when a Type I or Type II system cannot be installed or is not the most suitable treatment.

20.3 Type IV systems will not be allowed in areas where a new system or modifications to a new system are not feasible if failure occurs.

20.4 20.3 Type IV Systems Allowed. Type IV systems will be allowed for undeveloped lots only when two Type I or Type II soil treatment and dispersal areas have been identified on the lot, in addition to the area utilized by the Type IIIIV soil treatment and dispersal area. The lot must be able to accommodate long-term sewage treatment in addition to the area utilized by the Type IV system.

Table IX TREATMENT COMPONENT PERFORMANCE LEVELS AND METHOD OF DISTRIBUTION BY TEXTURE GROUP1. Soil Texture Group Found in Table IX in Minnesota Rules, Chapter 7080.21501Texture Group2 Vertical 1-5All Sands and 6-9Sandy 10-11Clay, Clay Separation (inches) Loamy Sands Loam, Loam, Loam Silt Loam Treatment Level A, PressureUniform Distribution, Timed 12 – 17173 Dosing Treatment Level B, Treatment Level B, PressureUniform 18 - 23353 PressureUniform Distribution, Timed Dosing Distribution

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Treatment Level A-2 or B, Pressure-2, Treatment Level A-2 or B, Pressure-2, Uniform 24 - –36+3 Uniform Distribution, Treatment Distribution, Level C Timed DosingTreatment Level C

1 The treatment component performance levels correspond with those established for treatment components under the product testing requirements in Table III of Minnesota Rules, 7083.4030.

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2 With less than 50 percent rock fragments. 3 Additional vertical separation distance is required as determined in Section 16.3(3).

20.5 A Type IV system’s4 Soil Loading Rates. The absorption area and mound absorption ratio must be sized according to Table XII-Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Meeting Treatment Level A and B and Absorption Ratios for Determining Mound Absorption Areas Using Detailed Soil Descriptions, as found in Minnesota Rules, Chapter 7080.23504,VI or by using Table X if not using detailed soil descriptionsVIa.

Table X LOADING RATES FOR DETERMINING BOTTOM ABSORPTION AREA FOR TRENCHES AND SEEPAGE BEDS FOR EFFLUENT MEETING TREATMENT LEVELS A AND B AND ABSORPTION RATIOS FOR DETERMINING MOUND ABSORPTION AREAS USING PERCOLATION TESTS. Soil Loading Mound Percolation Rate Rate Absorption (Minutes Per Inch) 2 (gpd/ft ) Ratio <0.1* - - 0.1–5* 1.60 1 0.1 – 5 (Soil Texture 1.0 2 Group 3) 6–15 1.0 1.3 16–30 0.78 2 31–45 0.78 2.4 46–60 0.6 2.6 >60 0.3 5.0 *See Section 18.2 for a system with this type of soil (Type II, Rapidly Permeable Soils Systems)

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SECTION 21 TYPE V SYSTEMS

21.1 Type V Systems. A system designed according to this part is considered a Type V system. The system must:

(1) (1) Employ design flow values set forth in Section 12.

(2) (2) Meet or exceed the requirements of Section 16.2.

(3) (3) Be designed with vertical separation that ensures adequate sewage dispersal and treatment. Design factors to consider include, but are not limited to, effluent quality, loading rates, groundwater mounding if loading rates are in excess of those in Table XII in Minnesota Rules, Chapter 7080.23504VI or Table XVIa, loading methods, and soil conditions. SSTS must not contaminate underground waters or zones of periodic saturation with viable fecal organisms.

21.2 Previously Developed Sites. Type V systems canmay be used on previously developed sites only when a Type I or Type II system cannot be installed or is not the most suitable treatment.

21.3 Type V systems will not be allowed in areas where a new system or modifications to a new system are not feasible if failure occurs.

21.4 21.3 Type V Systems Allowed. Type V systems will be allowed for undeveloped lots only when two Type I or Type II soil treatment and dispersal areas have been identified on the lot, in addition to the area utilized by the Type IIIV soil treatment and dispersal area. The lot must be able to accommodate long-term sewage treatment in addition to the area utilized by the Type V system.

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SECTION 22 MAINTENANCE

22.1 Management Plans Required. All new and replacement SSTS must be operated in accordance with the management plan submitted, reviewed and approved by the Department or local unit of government.prior to issuance of a construction permit. At a minimum, management plans must include the following:

(1) (1) maintenance requirements, including frequency;

(2) (2) operational requirements, including which tasks the owner can perform and which tasks a licensed service provider or maintainer must perform;

(3) (3) monitoring requirements;

(4) (4) requirements that the owner notify the Department when the management plan requirements are not met;

(5) (5) disclosure of the location and condition of the additional soil treatment and dispersal area on the lot or serving that residency; and

(6) (6) other requirements determined by the Department.

22.2 General. SSTS and all components must be maintained in compliance with this Chapter and manufacturer requirements.

22.3 Frequency of Assessment. The owner of an SSTS or the owner’s agent shall regularly, but in no case less frequently than every three years:

(1) (1) Assess whether sewage tanks leak below the designed operating depth and whether sewage tank tops, riser joints, and riser connections leak through visual evidence of major defects.

(2) (2) Measure or remove the accumulation of scum, grease, and other floating materials at the top of each septic tank and compartment, along with the sludge, which consists of solids denser than water.

22.4 Maintenance Permit and Reporting. Prior to performing the maintenance required in Section 22.3 (2) a maintenance permit must be obtained by the licensed maintenance business from the Department. A valid maintenance permit must be on the site where the maintenance activities are being performed. A completed pumping record must be provided to the Department within 90 days of the maintenance activity.

22.5 Removal of Material. (1) All solids and liquids must be removed by pumping from all tanks or compartments in which the top of the sludge layer is less than 12 inches from the bottom of the outlet baffle or transfer hole or whenever the bottom of the scum layer is less than three inches above the bottom of the outlet baffle or transfer hole. Total sludge and scum volume must not be greater than 25 percent of the tank’s liquid capacity.

(2) 22.5 Removal of accumulated sludge, scum, and liquids from septic tanks and pump tanks must be through the maintenance hole. The removal of solids from any location other than the

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maintenance hole is not a compliant method of solids removal from a sewage tank, and this method does not fulfill the solids removal requirements of this Section or a management plan. Liquid and solids removal from cleanout pipspipes is allowed for holding tanktanks.

(3) 22.6 After removal of solids and liquids, from a system installed after the effective date of this Chapter, the system shallmaintenance hole cover must be secured as described in Section 13.13.18(1). Covers secured by screws shall be refastened in all screw openings.

(4) 22.7 After removal of solids and liquids from a system installed prior to the effective date of this Chapter covers mustmaintenance hole covers must be sound, durable, and of adequate strength as specified in Section 13.18(3), and:

(1) Be brought into compliance with Section 13.13 if retrofitted to be brought above the ground surface. (2) Be secured by coveringburied with a minimum of 12 inches of soil. (A) (3) If the cover wasor, if the cover is currently at or above grade, the system mustthe ground surface or within 12 inches from final grade, be secured by a method that was deemed secure prior to the effective date of this Chapter.

(B) 22.8 Meet the requirements of Section 13.18(1) if the cover is to be raised at or above the ground surface or within 12 inches from final grade. 22.6 Pump Tank Maintenance Pump tanks must be maintained according to this part. Sludge must be removed if within one inch of the pump intake.

22.9 7 Privies. When a privy is filled to one half of its capacity, the solids must be removed. Abandoned pits must have the sewage solids and contaminated soil removed and must be filled with clean earth and slightly mounded to allow for settling. Removed solids shall be disposed of according to SectionSections 22.119 and 23.

22.10 8 Additives. Additives, which are products added to the sewage or to the system with the intent to lower the accumulated solids in sewage, must not be used as a means to reduce the frequency of proper maintenance and removal of sewage solids from the sewage tanks as specified in this Section. The use of additives does not fulfill the solids removal requirement of this Section or a management plan. Additives that contain hazardous wastesmaterials must not be used in an SSTS.

22.11 9 Septage. Septage or any waste mixed with septage must be disposed of in accordance with state, federal, or local requirements for septage and other wastes. If septage is disposed of into a sewage or septage treatment facility, a written agreement must be provided between the accepting facility and the maintenance business.

22.12 22.10 Land Spreading of Septage Land application of septage must be done in accordance with Section 23 of this Chapter.

22.11 Use of Soil Treatment Site.

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Activities on the current soil dispersal system or the reserve soil dispersal system, as defined in Section 2.2 (5865) and described in Section 9.4, that impair the current or future treatment abilities or hydraulic performance of the soil dispersal system are prohibited. This includes, but is not limited to, covering all or part of the soil treatment system with an impermeable surface as determined by the local unit of governmentDepartment.

22.13 10 System Remediation. Any maintenance activity used to increase the acceptance of effluent to a soil treatment and dispersal system must:

(1) (1) Not be used on a system failing to protect groundwater as defined in Section 4.3 (2), unless the activities meet the requirements of Section 20 or Section 21.

(2) (2) Not decrease the separation to the periodically saturated soil or bedrock.

(3) (3) Not cause preferential flow from the soil treatment and dispersal system bottom to the periodically saturated soil or bedrock.

(4) (4) Be conducted by an appropriately certified qualified employee or an appropriately licensed business as specified in Minnesota Rules, Chapter 7083.0790. Any substance added with the intent to increase the infiltration rate of the soil treatment and dispersal system must not contain hazardous substances.

22.14 Licensed maintenance businesses must maintain accurate records

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SECTION 23 LAND APPLICATION OF SEPTAGE

23.1 Allowed Septage Application This section applies to land application of pumping activity in the County domestic septage only. Non domestic septage is regulated under MPCA Type IV waste rules.

23.2 Permits and Licenses Required (1) A Permit from this Department is required for each unique parcel of land to which septage is applied. (2) Land spreading must be conducted by a licensed maintainer business.

23.3 Permit Application An application for a Permit to land apply septage on a specific parcel of land shall report such data annuallybe made to the Department on forms provided. by the Department. At a minimum the application must contain the following information:

22.15 MSTS must be maintained according to this Section.

22.16 All external grease interceptors must be routinely inspected to determine the volume of grease present. All external grease interceptors must be properly maintained to prevent clogging of downstream piping and system components.

22.17 For all MSTS constructed after the effective date of this Chapter, the designer must complete an operation and maintenance manual and the manual must be submitted to the Department or the local unit of government before system operation. The manual shall include a copy of the plans and specifications, as-built drawings of the system, and information to properly operate the system.

22.18 All new MSTS shall be operated under a local operating permit submitted and approved with the design.

22.19 All groundwater shall be monitored in accordance with Section 11.

(1) 22.20 Any operational noncomplianceThe geocode for the proposed receiving site; (2) The name and address of the landowner; (3) A signed copy of the agreement with the landowner for land application on the specified parcel of land; (4) A map to scale of the parcel showing the exact location within the parcel where land application is being proposed; (5) Soils information at each land application site. Soil information shall include soil observation logs and a soil survey map of each site; (6) Information regarding the nutrient suitability for land application of the proposed site, including current soil nutrient levels and proposed nutrient loading rates; (7) Information regarding the drainage, slope, absorption rates, and separation distance from saturated soil conditions, bedrock, or other restrictive layer of the proposed site. (8) The proposed application rates, volumes of septage to be applied, method of application, incorporation, date(s) of application and limiting conditions to application; (9) The cover crop and/or proposed cropping information; (10) A description of the pathogen and vector control methods to be used; (11) A description of how public access to the site will be controlled; (12) Geocodes and addresses of the properties that are the sources of the septage proposed to be land applied.

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(13) Copy of a notice of intent to apply septage to the local unit of Government that has zoning authority over the parcel of land receiving the applied septage.

23.4 Duration of Permit A Permit shall be valid for a period of no longer than two years from the date of issuance.

23.5 Maximum Volume The maximum volume of septage that can be applied to each acre of land in each land application site must be immediately corrected and reporteddetermined using the following equation:

AAR=N/0.0026

Where: AAR = Annual Application Rate in gallons per acre per 365 days N = amount of Nitrogen in pounds per acre per 365 days needed by the crop or vegetation to be grown on the land

The maximum allowable volume of domestic septage shall also take into account any nitrogen fertilizer applied in association with the septage. 23.6 Requirements for Land Application Sites To be approved as a site for land application of domestic septage, the following minimum requirements must be met: (1) The site shall: (A) Be a non-public site; (B) Not be in a shoreland area; (C) Be located in an Agricultural Zoning District. No land application is allowed in residential, institutional or commercial/industrial zones; (D) Contain soils that are not rapidly permeable at the application depth; (E) Not be located in a floodway or floodplain; (F) Not contain slopes greater than 12 percent; and (G) Not be classified as Very High Sensitivity or High Sensitivity of groundwater pollution according to the “Prairie du-Chien-Jordan Aquifer” map (Plate 6) of the Geologic Atlas of Washington County (1990), developed by the Minnesota Geologic Survey of the University of Minnesota. The Geologic Atlas of Washington County (1990) is incorporated by reference, and is not subject to frequent change. (2) Septage shall either be injected or incorporated within six hours of surface application to a minimum depth of six inches. No significant amount of septage shall be present at the land surface after septage is injected or incorporated. (3) Be protected from unauthorized access. (4) Septage shall not be applied such that ponding or runoff occurs. (5) Septage must not be applied unless the soil has dried adequately from previous applications or rainfall so that ponding does not occur. (6) Septage shall not be applied by spray irrigation or other methods that will cause aerosols to drift from the application site.

23.7 Soil Suitability For the land application site to be suitable, the soil on the site must meet the following requirements: (1) Have medium or fine surface textures with a soil hydraulic loading rate less than or equal to 0.78 gpd/ft2 (percolation rate slower than 5 minutes per inch). Land application must not be performed on sand or peat surface textures;

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(2) Have a three foot vertical separation from the application depth to saturated soil conditions or bedrock; (3) Have six inches of available water holding capacity between the application depth and satured soil conditions or bedrock; (4) Have at least one horizon in the upper five feet that has a soil hydraulic loading rate less than 0.6 or fine sand (percolation rate slower than 10 minutes per inch) .

Table X Daily surface application rates of domestic septage on non-frozen, non-snow covered sites Maximum Daily Soil Texture Application Rates – Gallons/Acre/Day Coarse Sand, Sand, Loamy Coarse Sand 0 Fine Sand, Very Fine Sand, Loamy Sand, Loamy Fine Sand, Loamy Very 25,000 Fine Sand Sandy Loam, Coarse Sandy Loam, Fine Sandy Loam, Very Fine Sandy 15,000 Loam. Loam, Silt Loam, Silt Sandy Clay Loam, Clay Loam, Silty Clay Loam, Sandy Clay, 10,000 Silty Clay, Clay 0

23.8 Required Application Methods (1) Land application methods must comply with Code of Federal Regulations (CFR) 40, Part 503 for pathogen reduction, vector attraction, and for maximum volume of septage that may be applied to any site during a 365 day period. (2) When soils are snow covered or frozen, the application rate is limited to 10,000 gallons per acre or less, and application is only allowed on slopes of 2 percent or less. Each area of the site may only be covered once. (3) Septage must not be applied on areas with ponding water. (4) Land application sites shall not be used for crops for direct human consumption unless the waiting periods on Table XI below are followed:

Table XI

Restricted Activity Waiting Period Food crops whose harvested part may touch the soil/septage 14 months (melons, squash, tomatoes, etc. Food crops with harvested parts below the surface (potatoes, 38 months carrots, etc.) Feed, food, or fiber crops that do not touch the soil surface (field 30 days corn, sweet corn, hay, flax, etc.) Turf harvest 1 year Grazing of animals 30 days Public access to land High potential for exposure 1 year Low potential for exposure 30 days

23.9 Slope Restrictions

Slope Surface Application Incorporation Frozen Soil

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<2% Allowed Allowed Allowed 2-6% Allowed Allowed Not Allowed 6-12% Not Allowed Allowed Not Allowed >12% Not Allowed Not Allowed Not Allowed

23.10 Setback Requirements Table XIIowner or service provider

Setbacks to Physical Features Setback Distances in Feet Surface Incorporated Injected Application Private drinking water well 200 Public drinking water well* 1000 Irrigation well 100 50 50 Wetlands 150 75 75 Occupied building 300 200 100 Residential subdivision 600 300 300 Commercial subdivision 600 300 300 Recreation area 600 300 300 Recreation trail 200 100 100 Public contact site 600 600 300 Property line 25 25 25 Road right-of-way 50 25 25

*There may be special requirements if the land application site is within a wellhead protection area.

Setbacks to lakes, streams, wetlands, drainage tile inlets, other surface water, and sinkholes Setback Distances in Feet May to October November to April Percent Surface Applied Surface Applied Injected Injected Slope Incorporated Incorporated 0-2% 150 300 Not Allowed 600 2-6% 300 600 Not Allowed 6-12% 300 Not Allowed >12% Not Allowed

23.11 Reporting Requirements The permittee must submit to the Department an annual report. The reporting year will run from September 1 of each year through August 31 of the following year. Such report shall be submitted to the Department or local unit of government.no later than November 1 of each year. The following information is required to be included in the report:

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(1) Daily land application activities, including, but not limited to: (A) Each site where septage was applied, the date of application, permit number for the site, and Geocode of the site; (B) The exact location on the site septage was applied, and the number of acres which received septage; (C) The total volume of septage applied to each land application site; (D) The method of application used for each land application site; (E) Vector attraction reduction and pathogen reduction method used. If lime stabilization is used, records must indicate the pH of each load; (F) A description of any additional management practices and site restrictions that were used. (2) Any other analysis of information as required by the Department in the Permit.

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SECTION 23 24 SYSTEM ABANDONMENT

2324.1 Tank Abandonment. All systems with no future intent for use must be abandoned according to this Section. Tank abandonment procedures for sewage tanks, cesspools, leaching pits, drywells, seepage pits, vault privies, and pit privies, and distribution devices must meet the requirements of Section 2324.1 (1) to Section 2324.1 (3).

(1) (1) All solids and liquids must be removed and disposed of according to Section 22 by a licensed maintenance business.

(2) (2) All electrical devices and devices containing mercury must be removed and disposed of according to applicable regulations.

(3) (3) Abandoned tanks or any other underground cavities must be removed or remain in place and crushed with the remaining cavity filled with soil or rock material.

(4) (4) The removed tank or tank fragments and any soil visually contaminated with sewage shall be disposed in accordance with Section 2324.3.

2324.2 Future Discharge. Access for future discharge to the system must be permanently denied.

2324.3 Removal of System. If soil treatment and dispersal systems are removed, contaminated materials shall be properly handled to prevent human contact. Contaminated materials include distribution media, soil or sand within three feet of the system bottom, distribution pipes, tanks, and contaminated soil around leaky tanks. Contaminated material also includes any soil that received sewage from a surface failure. Contaminated materials disposed of offsite must be disposed of according to Section 2324.3 (1) to Section 2324.3 (2).

(1) Contaminated materials disposed of offsite must be disposed of according to Section 22.11. (1) (2) If contaminated material is to be spread or used on site within one year of contact with sewage, the material must be placed in an area meeting the soil and setback requirements described in Table V in Section 16 and Section 16.3 (3) of this Chapter and the material must be covered with a minimum of six inches of uncontaminated soil and protected from erosion. After one year following contact with sewage, the material is allowed to be spread in any location meeting the setback requirement of Minnesota Rules, Chapter 4725.4450, covered with a minimum of six inches of uncontaminated soil, and protected from erosion. After one year following contact with sewage, the material is allowed to be used to fill in the abandoned in place sewage tanks.

(2) (3) Contaminated pipe, geotextile fabric, or other material must be dried and disposed of in a mixed municipal solid waste landfill.

(3) 23.4 The person or business abandoning the system must complete and sign a record of abandonment that states the system was abandoned according to this Section. A description of the abandonment procedure must be recorded including a map of the remaining in-place components and location of the components removed. The record must be sent to the Department or local unit of government within 90 days of abandonment.

23.5 24.4 MSTS Abandonment. MSTS no longer in use must be abandoned according to this Section 24.

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SECTION 24 25 PRODUCT REGISTRATION

2425.1 Product Registration in Compliance with State Rules. All product registration shall be in accordance with Minnesota Rules 7083.4000 to 7083.4120.

24.2 25.2 Registered Products Approved by the Local Unit of Government. Technology and products employed in system design shall adequately protect the public health and the environment as determined by Minnesota Rules, Chapter 7083, and be approved for use by the Department or local unit of government.

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SECTION 2526 ENFORCEMENT

2526.1 Misdemeanor. It is hereby declared unlawful for any person, firm or corporation to violate any term or provision of this Chapter. Violation thereofOrdinance. Any violation of this Ordinance shall be a misdemeanor. Each day that a violation is allowed to continue shall constitute a separate offense. Citations may be issued by the Department pursuant to the procedure set forth in the Washington County Administrative Ordinance.

2526.2 Corrective Actions Required. In the event of a violation or threatened violation of this Chapter, the Department, in addition to other remedies, may request may institute appropriate civil actions or proceedingsincluding but limited to a request for injunctive relief to prevent, restrain, correct or abate such violations or threatened violations. In addition, written notice in the form of a license complaint may be made to the Commissioner of the Minnesota Pollution Control Agency.

25.3 26.3 Public Health Nuisance Control. In cases where a public health nuisance has been determined to exist, the Department may institute enforcement action under the Local Public Health Act, Minnesota Statutes, Chapter 145A and; the Washington County Public Health Nuisance Ordinance, Washington County Ordinance No. 165, or subsequent revisions there tothereof: and the Washington County Administrative Ordinance.

SECTION 2627 SEPARABILITY

2627.1 Separability. It is hereby declared to be the intent that the several provisions of this regulation are separable in accordance with the following:

(1) (1) If any court of competent jurisdiction shall adjudge any provision of the regulation to be invalid, such judgment shall not affect other provisions of this regulation not specifically included in said judgment.

(2) (2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this regulation to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

SECTION 2728 Repeal of Chapter Four of the Washington County Development Code

28.1 Repeal. Chapter Four, Subsurface Sewage Treatment System Regulations, of the Washington County Development Code as adopted by the County Board September 23, 2009 is hereby repealed and superseded by this Ordinance.

SECTION 29 EFFECTIVE DATE

27.1 29.1 Effective Date of Ordinance. The regulations contained in this Chapter shall become effective from and after September 23, 2009, after theirimmediately upon passage by the County Board and publication according to law.

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APPENDIX A SOIL LOADING RATES FOR LEVEL C TREATMENT Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas using Detail Soil Descriptions Structure Soil Mound Texture Loading Texture Consistence Absorption Group Type Grade Rate 2 Ratio (gpd/ft ) Loose - 1.0 Weakly Cemented Coarse Sand* 1 Single Grain Structureless - 2.0 Friable Cemented-Firm - - Loose 1.20 1.0 Weakly Cemented Medium Sand* 2 Single Grain Structureless 0.60 2.0 Friable Cemented-Firm - - Loose 0.60 2.0 Weakly Cemented Fine Sand 3 Single Grain Structureless 0.24 5.0 Friable Cemented-Firm - - Loose 1.20 1.0 Coarse and Weakly Cemented Medium Loamy 4 Single Grain Structureless 0.60 2.0 Friable Sand* Cemented-Firm - - Loose 0.60 2.0 Fine and Very Weakly Cemented Fine Loamy 5 Single Grain Structureless 0.24 5.0 Friable Sand Cemented-Firm - - Very Friable, Friable 0.45 2.6 Weak Prismatic, Firm 0.24 5.0 Blocky, Granular Moderate or Very Friable, Friable 0.78 1.3 Strong Firm 0.45 2.6 Coarse and Very Friable, Friable 0.45 2.6 Medium Sandy 6 Weak Firm 0.24 5.0 Loam Platy Moderate or Very Friable, Friable 0.45 2.6 Strong Firm - - Very Friable, Friable 0.24 5.0 Massive Structureless Firm - -

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Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas using Detail Soil Descriptions Soil Structure Mound Texture Loading Texture Consistence Absorption Group Rate Type Grade Ratio (gpd/ft2) Very Friable, Friable 0.24 5.0 Weak Prismatic, Firm 0.24 5.0 Blocky, Granular Moderate or Very Friable, Friable 0.60 2.0 Strong fim 0.24 5.0 Fine and Very Very Friable, Friable 0.24 5.0 Fine Sandy 7 Weak Firm - - Loam Platy Moderate or Very Friable, Friable - - Strong Firm - - Very Friable, Friable 0.24 5.0 Massive Structureless Firm - - Very Friable, Friable 0.45 2.6 Weak Prismatic, Firm 0.24 5.0 Blocky, Granular Moderate or Very Friable, Friable 0.60 2.0 Strong Firm 0.24 5.0 Very Friable, Friable 0.24 5.0 Loam 8 Weak Firm - - Platy Moderate or Very Friable, Friable - - Strong Firm - - Very Friable, Friable 0.24 5.0 Massive Structureless Firm - - Very Friable, Friable 0.45 2.6 Weak Prismatic, Firm 0.24 5.0 Blocky, Granular Moderate or Very Friable, Friable 0.50 2.4 Strong Firm 0.24 5.0 Very Friable, Friable 0.24 5.0 Silt Loam 9 Weak Firm - - Platy Moderate or Very Friable, Friable - - Strong Firm - - Very Friable, Friable 0.24 5.0 Massive Structureless Firm - -

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Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas using Detail Soil Descriptions Soil Structure Mound Texture Loading Texture Consistence Absorption Group Rate Type Grade Ratio (gpd/ft2) Very Friable, Friable 0.24 5.0 Weak Prismatic, Firm - - Blocky, Granular Moderate or Very Friable, Friable 0.45 2.6 Strong Clay Loam, Firm 0.24 5.0 Silty Clay Very Friable, Friable - - 10 Weak Loam, Sandy Firm - - Platy Clay Loam Moderate or Very Friable, Friable - - Strong Firm - - Very Friable, Friable - - Massive Structureless Firm - - Very Friable, Friable - - Weak Prismatic, Firm - - Blocky, Granular Moderate or Very Friable, Friable 0.24 5.0 Strong Firm - - Clay, Silty Clay, Very Friable, Friable - - 11 Weak Sandy Clay Firm - - Platy Moderate or Very Friable, Friable - - Strong Firm - - Very Friable, Friable - - Massive Structureless Firm - -

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APPENDIX B SOIL LOADING RATES FOR LEVEL A & B TREATMENT Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level A and Level B and Absorption Ratios for Determining Mound Absorption Areas using Detail Soil Descriptions Structure Soil Texture Loading Mound Texture Consistence Group Type Grade Rate Absorption (gpd/ft2) Ratio Loose - 1.0 Single Coarse Sand* 1 Structureless Grain Weakly Cemented Friable - 2.0 Cemented-Firm - - Loose 1.60 1.0 Medium Single 2 Structureless Sand* Grain Weakly Cemented Friable 0.78 2.0 Cemented-Firm - - Loose 1.00 2.0 Single Fine Sand 3 Structureless Grain Weakly Cemented Friable 0.12 2.0 Cemented-Firm - - Coarse and Loose 1.60 1.0 Single Medium 4 Structureless Grain Weakly Cemented Friable 0.78 2.0 Loamy Sand* Cemented-Firm - - Fine and Very Loose 1.00 2.0 Single Fine Loamy 5 Structureless Grain Weakly Cemented Friable 0.45 5.0 Sand Cemented-Firm - - Very Friable, Friable 0.60 2.6 Prismatic, Weak Firm 0.45 5.0 Blocky, Granular Moderate or Very Friable, Friable 1.00 1.3 Strong Firm 0.60 2.6 Coarse and Very Friable, Friable 0.60 2.6 Medium 6 Weak Firm 0.45 5.0 Sandy Loam Platy Moderate or Very Friable, Friable 0.60 2.6 Strong Firm - - Very Friable, Friable 0.45 5.0 Massive Structureless Firm - -

122 Washington County Development Code Effective September 23, 2009 [Month][Day],[Year] Chapter Four Subsurface Sewage Treatment System Regulations

Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level A and Level B and Absorption Ratios for Determining Mound Absorption Areas using Detail Soil Descriptions Structure Soil Texture Loading Mound Texture Consistence Group Type Grade Rate Absorption (gpd/ft2) Ratio Very Friable, Friable 0.45 5.0 Prismatic, Weak Firm 0.45 5.0 Blocky, Granular Moderate or Very Friable, Friable 0.78 2.0 Strong fim 0.45 5.0 Fine and Very Very Friable, Friable 0.45 5.0 Fine Sandy 7 Weak Firm 0.00 - Loam Platy Moderate or Very Friable, Friable 0.24 - Strong Firm - - Very Friable, Friable 0.45 5.0 Massive Structureless Firm - - Very Friable, Friable 0.60 2.6 Prismatic, Weak Firm 0.45 5.0 Blocky, Granular Moderate or Very Friable, Friable 0.78 2.0 Strong Firm 0.45 5.0 Very Friable, Friable 0.45 5.0 Loam 8 Weak Firm - - Platy Moderate or Very Friable, Friable 0.24 - Strong Firm - - Very Friable, Friable 0.45 5.0 Massive Structureless Firm - - Very Friable, Friable 0.60 2.6 Prismatic, Weak Firm 0.45 5.0 Blocky, Granular Moderate or Very Friable, Friable 0.78 2.4 Strong Firm 0.45 5.0 Very Friable, Friable 0.45 5.0 Silt Loam 9 Weak Firm - - Platy Moderate or Very Friable, Friable - - Strong Firm - - Very Friable, Friable 0.30 5.0 Massive Structureless Firm - -

123 Washington County Development Code Effective September 23, 2009 [Month][Day],[Year] Chapter Four Subsurface Sewage Treatment System Regulations

Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level A and Level B and Absorption Ratios for Determining Mound Absorption Areas using Detail Soil Descriptions Structure Soil Texture Loading Mound Texture Consistence Group Type Grade Rate Absorption (gpd/ft2) Ratio Very Friable, Friable 0.30 5.0 Prismatic, Weak Firm - - Blocky, Granular Moderate or Very Friable, Friable 0.60 2.6 Strong Clay Loam, Firm 0.30 5.0 Silty Clay Very Friable, Friable - - 10 Weak Loam, Sandy Firm - - Platy Clay Loam Moderate or Very Friable, Friable - - Strong Firm - - Very Friable, Friable - - Massive Structureless Firm - - Very Friable, Friable - - Prismatic, Weak Firm - - Blocky, Granular Moderate or Very Friable, Friable 0.30 5.0 Strong Firm - - Clay, Silty Very Friable, Friable - - Clay, Sandy 11 Weak Firm - - Clay Platy Moderate or Very Friable, Friable - - Strong Firm - - Very Friable, Friable - - Massive Structureless Firm - -

Footnotes: The Department’s interpretation of Chapter Four is as follows:

1. This Department adopted Table IX in Minnesota Rules 7080.2150 as now constituted and from time to time amended. 2. This Department adopted Minnesota Rules 7080.1910 to 7080.2020 as now constituted and from time to time amended. 3. This Department adopted Minnesota Rules 7080.2050 as now constituted and from time to time amended. 4. This Department adopted Table XII in Minnesota Rules 7080.2350 as now constituted and from time to time amended. 5. All trenches and seepage beds in accordance with Minnesota Rules, Chapter 7080.2050, as now constituted and from time to time amended. If the distribution media is in contact with soil with soil texture groups 2 or 3 in Table IX in Minnesota Rules, Chapter 7080.21501 or a percolation rate of 0.1 to 5.0 minutes per inch in Table VI, the distribution of effluent must comply with Minnesota Rules, Chapter 7080.2060, as now constituted and from time to time amended.

124 Washington County Development Code BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 12 Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Public Works Don Theisen 651-430-4304 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Don Theisen Don Theisen 651-430-4304

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Review final design for the Public Works North Shop improvement project

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Workshop No TIME NEEDED: 45 IS THIS MANDATED? EXPLANATION OF MANDATE:

BACKGROUND/JUSTIFICATION: The design of the Public Works North Shop Improvement project is complete and the project is ready for proceeding to public bidding. The staff will review the final design with the County Board including:

• Building interiors and exteriors • Minnesota B3 sustainability goals • Project budget • Temporary department moves • Project schedule

Members of the project team from HCM Architects and Kraus-Anderson Construction Company will participate in the presentation.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? Yes Project is in approved 2015-2019 Capital Improvement Plan

Budget Information

FUNDING: EXPLANATION OF FUNDS: Other 2015 Bond Issue FINANCIAL IMPACT:

YEAR:2015 AMOUNT: $17,500,000 BUDGETED: Yes

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: Public Works North Shop Final Design Presentation January 20, 2015 Workshop Outline

• Overview • Final Design Review– Exterior and Interiors • Minnesota B3 Sustainable Goals • Project Budget • Department Temporary Moves/Locations • Schedule

2 Manning Avenue 1948

Manning Avenue Today

3 4 Environmental Issue: North Facility

Rain water backed up on shop floor

5 Environmental Issue: North Facility Wetland

Holding pond North facility

6 Energy Area Energy Use Minnesota Building Efficiency (sq. ft.) (kBTU/sq. ft.) Benchmark Issues PW North 54,900 106 89 Facility PW South 15,785 203 103 Facility Courthouse 387,030 81 88 Historic 23,081 89 103 Courthouse

Data from Public Buildings Enhanced Energy Efficiency Program

7 Cost of Doing Nothing

Reduced Life Safety • No sprinkler systems in either facility • Highly inadequate vehicle maintenance shop space • Outmoded fire alarm systems • Inadequate salt storage capacity • Poor air quality in fleet maintenance and vehicle storage areas Inefficiency • Inadequate space and equipment in many areas • Due to inadequate salt storage capacity, wasted staff time; fuel; equipment and taxpayers money; hauling salt from north to south facility • Vehicles stored outside, exposing metal parts to corrosion, etc. • Unconfined vehicle wash bays • No loading dock • Worn out electrical and mechanical systems

High Energy Costs • Estimated $90,000 annual extra cost to heat, cool, and light both facilities

8 Costs of Doing Nothing (Cont’d)

Asset Protection • If no changes made, cost to improve both facilities will increase

Non-compliance with • Neither facility complies with ADA, which is ADA and IBC incorporated into IBC • Discourages disabled people from applying for employment

Wetland and • North facility discharges untreated storm Groundwater Pollution water to adjacent wetland • Environmental testing has shown elevated levels of contaminants in wetland • Septic system inadequate to handle current volume of material and does not meet current MPCA standards

9 Project Objectives

• Maintain fiscal responsibility within long-range financial plan • Efficient and effective delivery of customer service • Meet space program for 2022 with a plan for the future • Meet space guidelines and provide an environment that is safe, clean, and professional • Seek out opportunities to share facility features/ services with partners • Meet Minnesota Sustainable Building Design Guidelines

10 11 12 13 14 15 16 17 Annual Energy Costs for Design Options Heating Cooling Fan/Pump SWH Lights Equipment

$187,113

$15,038

$43,244

$582

$26,902 $110,620 $107,891 $109,671 $15,038 $101,368 $15,038 $5,931 $15,038 $15,038

$20,054 $19,056 $19,076 $16,273 $295 $295 $295 $295 $22,263 $22,010 $22,114 $21,631 $3,178 $3,145 $3,160 $95,416 $3,073

$49,792 $48,347 $45,058 $49,988

Baseline Option 1 Option 2 Option 3 Option 4 19 20 Project Budgets Three Projects: 1. Forcemain - $400,000 • funded by Capital Repair Fund – open bids today 2. Site and Salt Inventory Improvements - $2,200,000 • funded by State Aid – work included in North Shop bid 3. North Shop Construction - $17,500,000 • funded by 2015 Bond Issue

21 North Shop Budget Value Engineering – Making the Budget Work • $1,362,000 reduced from Detail Design – $400,000 in-floor heat in fleet maintenance area – $254,000 re-design roof rain leaders – $215,000 defer new lifts to future – $100,000 redesign heating/boilers/air handling units – $60,000 remove redundant hall corridor – $60,000 reduce windows and clearstory – $40,000 reduce entry canopy – $40,000 eliminate skylights in vehicle storage – $25,000 relocate bulk lube room 22 Temporary Moves

•3rd Floor Courthouse Shelled Space • Washington Conservation District • Still to be determined: • Operations • Signs and Signals • Fleet Maintenance

23 Schedule Overview • Open Bids: February 24, 2015 • Awards Bids: March 17, 2015 • Demo Starts: May 18, 2015

• Site Work: May 18 - October 31,2015 May 16 - September 16, 2016

• Building Shell: July 2016 – March 2017 – Interiors throughout winter

24 BOARD MEETING DATE: Request for Board Action January 20, 2015 AGENDA ITEM NUMBER: Commissioner's Report 13 Department Information

ORIGINATING DEPARTMENT: REQUESTOR: REQUESTOR PHONE: Public Works Jan Lucke 651-430-4316 PRESENTER(S): MEDIA CONTACT: MEDIA CONTACT PHONE: Jan Lucke Jan Lucke 651-430-4316

Agenda Item Details

BRIEF DESCRIPTION OF YOUR REQUEST: Workshop on the Counties Transit Improvement Board (CTIB) Draft 2015 Legislative Platform

AGENDA YOU ARE REQUESTING TIME ON: ARE YOU SEEKING APPROVAL OF A CONTRACT? Workshop No TIME NEEDED: 20 IS THIS MANDATED? EXPLANATION OF MANDATE: No BACKGROUND/JUSTIFICATION: The purpose of this workshop is to discuss the Counties Transit Improvement Board (CTIB) Draft 2015 Legislative Platform which is included on the CTIB meeting agenda for adoption on January 21, 2015. The draft platform will be provided at the workshop as it was not available at the time the Washington County board meeting packet was finalized.

PREVIOUS ACTION ON REQUEST / OTHER PARTIES INVOLVED? No

Budget Information

FUNDING: NA

Approvals

COUNTY ATTORNEY: COUNTY ADMINISTRATOR: George Kuprian Molly O'Rourke

RECOMMENDATIONS: N/A RECOMMENDATIONS: Approved COMMENTS: COMMENTS: