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HomeMy WebLinkAboutOrdinance - 25-2008 - Amending City Code Section 10.02 & 2.26 - 12/11/2008 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 10.02 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS AND ADOPTING BY REFERENCE CERTAIN PARTS OF MINNESOTA RULES CHAPTER 7080,AND AMENDING CITY CODE SECTION 2.26,SUBD.2.B. RELATING TO SPECIAL PROCEDURES APPLICABLE TO CERTAIN APPEALS AND REQUESTS AND ADOPTION BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 10.99 WHICH AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 10.02 is amended as follows: Section 10.02 Individual Sewage Treatment Systems Standards Adopted. Subd. 1. Section 10.02 Individual Sewage Treatment Systems Standards Adopted by Reference. Minnesota Rules Chapter 7080, sections 7080.0020; 7080.0060; 7080.0065; 7080.0110; 7080.0115; 7080.0120; 7080.0125; 7080.0130; 7080,0150; 7080.0160; 7080,0170; 7080.0170, subpart 2, item C, subitem (1), unit(b), Table Va; 7080.0172; 7080.0175; 7080.0176; 7080.0178; and 7080.0179 being the sections containing the technical standards and criteria contained in the"Individual Sewage Treatment Systems Program" are adopted by reference, except as may otherwise be provided in this Section. One copy shall be kept on file in the office of the City Clerk. Subd. 2. Purpose and Objectives. A. Purpose. The purpose of this ordinance is to provide minimum standards for the regulation of individual sewage treatment systems (ISTS) including: proper location, design and construction, necessary modification and reconstruction, operation, and maintenance and repair. By preventing and eliminating possible contamination of surface and groundwater with human sewage and waterborne household and commercial wastes and the elimination and prevention of the development of public nuisances, public health and safety will be ensured. Authority to enforce this Section is granted under Minn. Stat. Chapters 115, 145A, and Minnesota Rules Chapter 7080 and as amended that may pertain to sewage and wastewater treatment. Any provisions contained herein which are inconsistent or in conflict with any other provision of the City Code shall supersede such other provisions. B. Obiectives. 1. The protection of the City's lakes, rivers, streams, wetlands and groundwater essential to the promotion of public health, safety, welfare, and socioeconomic growth and development of the City in perpetuity. 1 2. The regulation of proper ISTS construction, reconstruction,repair and maintenance to prevent the entry and migration of contaminants, thereby ensuring the non-degradation of surface water and groundwater. 3. The establishment of minimum standards for ISTS placement, design, construction, reconstruction,repair and maintenance to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration. 4. The appropriate utilization of privy vaults and other non-water carried ISTS. 5. The prevention and control of water-borne disease, lake degradation, groundwater related hazards, and public nuisance conditions through technical assistance and education,plan reviews, inspections, ISTS surveys and complaint investigation. Subd. 3. Definitions. A. Authority: The City acting by and through its Building Inspection Division and its designated agent who shall be a qualified employee or licensee. B. Owner: The fee owner(s) and, if applicable, the contract-far-deed purchaser. Ownership interests shall be determined by reference to the records of Hennepin County. The owner of each lot served by an ISTS is responsible for the lawful operation and maintenance of each ISTS. C. Non-Standard Systems: ISTS that are Alternative, Other Systems, or Performance as described in Minnesota Rules, Chapter 7080,parts 7080.0172, 7080.0178, and 7080.0179. D. Other Establishment: Any private or public structure, other than a dwelling, that generates sewage having characteristics other than residential-type waste or has an average waste flow greater than 2,000 gallons per day and discharges to an individual sewage treatment system. E. Standard System: ISTS designed and installed in accordance with the construction standards specified in Minnesota Rules,Chapter 7080, sections 7080.0060—7080.0170. Subd. 4. Administration,Duties,and Responsibilities. The Authority shall have the following duties and responsibilities: A. To review all applications for ISTS. B. To issue all required permits. C. To conduct construction inspections and to perform all necessary tests on individual sewage treatment systems to determine ordinance compliance. D. To investigate complaints regarding ISTS. 2 E. To perform compliance inspections and issue Certificates of Compliance, Notices of Noncompliance, Stop Work Orders, and Notices of Violation where appropriate. F. To submit complaints to the City Attorney for prosecution of violations of this Section of the Code. G. To submit annual reports to the Minnesota Pollution Control Agency to demonstrate enforcement of Minn. Rules Chapter 7080.0310. H. To maintain proper records for ISTS including site evaluation records, design records including calculations and summaries for all system component sizings and as-builts, complaints on noncompliance, compliance inspections, site evaluations, applications and exhibits,variance requests, issued permits, Certificates of Compliance, and enforcement proceedings. I. The issuing of permits,Certificates of Compliance or Notices of Noncompliance does not represent a guarantee or warranty of the system's operation or effectiveness. Such certificates only signify that the system in question is or has been designed and installed in compliance or noncompliance with the requirements of this Section. Subd. 5. Permitting. A. Required Permits. 1. A permit from the City is required before any ISTS in the City is installed, replaced, abandoned, altered, repaired or extended. This subdivision shall not apply to pumping. a. Permits shall be issued only to licensed contractors. b. A permit shall be obtained for each specific installation,replacement, alteration,repair, or extension of an ISTS. C. Permits shall be issued only upon written application by the licensed contractor accompanied by all required documentation as outlined in Minnesota Rule 7080.0110 and approved by the Authority. d. Permits shall be issued only upon payment of a permit fee in the amount prescribed by the City. The permit fee shall be doubled if construction is commenced prior to permit issuance. e. Permits are not transferable as to person or place, and shall expire 12 months after date of issuance or upon final inspection and approval by the Authority, whichever occurs first. f. Upon request of the Authority, permits shall be provided by the permittee at the time of an inspection. 3 2. No building permit shall be issued by the City for any building which will be connected to a new ISTS until the site evaluation report and design has been submitted, reviewed, and approved by the Authority. 3. No building permit, occupancy permit,plumbing or mechanical permit, or variance shall be issued by the City for any expansion or alteration of a building (or use made thereof)connected to an existing ISTS until such system has been inspected and certified by the City as being in compliance with these Standards. 4. Whenever the addition of bedrooms,plumbing fixtures or mechanical equipment, or a change in the character or intensity of the established use is proposed, the Authority may require the review and/or replacement, repair, alteration, or expansion of the existing ISTS or any portion thereof. B. Permits Not Required. 1. Permits shall not be required for the following activities: a. Repair or replacement of pumps, floats or other electrical devices of the PUMP. b. Repair or replacement of baffles in the septic tank. C. Installation or repair of inspection pipes and manhole covers. d. Repair or replacement of the line from the building to the septic tank. e. Repair or replacement of the line from the septic tank or pump chamber to the distribution box or lines. C. Permit Application. 1. All ISTS permit applications shall include the following information: a. Name and address of property owner. b. Property identification number. C. Legal description of the property. d. Lot survey or in absence of certified survey a document which includes: (1) All property lines and lot dimensions. (2) All existing or proposed well locations or water supply piping. (3) Relative elevations of house, lot corners, and drain areas. 4 (4) Slope of land and slope percentages at drain field site. (5) Distance of drain field from property lines, well locations, lakes, streams, marsh areas, and drainage channels. C. ISTS designer name,address, telephone number, and state MPCA license number. f. ISTS installer name, address, telephone number, and state MPCA license number. g. Site evaluation report in accordance with Minnesota Rule 7080.0110. h. System design report in accordance with Minnesota Rule 7080.0115. i. An approved monitoring and mitigation plan in accordance with Minnesota Rule 7080.0310, Subpart 7 for systems designed pursuant to 7080.0178 and 7080.0179. j. The location of at least one designated additional soil treatment area that can support a Standard System on lots created after January 23, 1996. k. A certified statement from the person or persons who conducted the site evaluation and system design that the person conducted the site evaluation and/or designed the system. 1. Additional information the Authority may require. Subd. 6. Additional Requirements for the Permitting of Non-Standard Systems. A. Non-standard systems shall only be permitted if all of the requirements of Minn. Rules, Chapter 7080, sections 7080.0172, 7080.0178, and 7080.0179 and the following are complied with. l. The Authority agrees that a Standard System cannot be installed. 2. Reasonable assurance of performance of the system, as determined by the Authority, is submitted by the Designer. 3. An operating permit has been approved by the Authority. 4. A water meter is installed to monitor flow. 5. If a Non-Standard System reduces the vertical separation distance between the bottom of the distribution medium to saturated soil or bedrock from three feet,the following must be met. a. A minimum of one foot of unsaturated soil must be present. 5 b. Additional nutrient removal may be required by the Authority for sensitive environments or high strength wastes. C. For one to three feet of unsaturated soil, total fecal coliform levels shall not exceed an average of 2,000 colonies per 100 ml of effluent. d. The performance system must be installed with an alarm device that warns of system failure, so untreated sewage cannot reach the distribution medium. B. Operating Permit for Non-Standard Systems. 1. The Authority shall issue and enforce an operating permit for all Non-Standard Systems. 2. The operating permit shall be valid for twelve months and renewed by the expiration date. 3. The Authority shall review all required monitoring data submitted from the previous year and the renewal application before approving any subsequent operating permits. 4. An operating permit shall include: a. A detailed description of the operation,maintenance, and monitoring necessary to ensure both continued system performance as designed and protection of public health and the environment for the life of the system. b. A requirement that the person responsible for monitoring notify the Authority when monitoring plan requirements are not met. C. The signatures of the system designer and owner. C. Monitoring Plans for Non-Standard Systems. 1. All sampling methods and analysis techniques shall be performed in accordance with Standard Methods. 2. The monitoring plan shall be developed and approved prior to issuance of a permit and provide the following: a. The parameters for sampling, sample type, sampling location, and frequency for monitoring. b. The sample parameter compliance limits or boundaries. C. The reporting frequency, not less than annually. 6 d. The flow or water usage measurements. C. The signature of the person responsible for conducting the monitoring and reporting to the Authority. f. A mitigation plan detailing actions to be taken if the system fails to meet the expectations established by the monitoring plan requirements. The mitigation plan shall detail possible component failures, corrective actions, person responsible for mitigation, and estimated cost of correction. D. Submittal of Monitoring Results for a Non-Standard System. 1. The results of the monitoring of a Non-Standard System shall be submitted in accordance with the approved monitoring plan annually to the Authority,no later than the expiration date of the operation permit. 2. If monitoring results do not meet the monitoring plan requirements,then the person responsible for conducting the monitoring shall notify the Authority within (10)ten calendar days. 3. Monitoring plans may be modified as necessary with the Authority's approval, Subd. 7. Individuals Constructing Their Own ISTS A. A license is not required for an individual who is constructing a Standard System on land that is owned or leased by the individual and functions solely as a dwelling or seasonal dwelling for that individual. The ISTS shall be designed by a Minnesota Pollution Control Agency licensed Designer I or 11. Subd. 8. Application Review and Determination. A. Within sixty(60)days of receipt of a complete written application for a permit, license or other approval of an action relating to an ISTS, the Authority shall either grant the permit or license or give other approval of an action or deny the same. B. In the event the Authority denies the granting or approval of a permit, license or other action, the Authority must state in writing the reason(s) for the denial at the time that it makes the denial. The written statement must be provided to the Applicant upon adoption. C. The 60 day time limit begins upon the Authority's receipt of a written request containing all information required by law or by a previously adopted rule,ordinance or policy of the Authority, including the applicable application fee. If the Authority receives a written request that does not contain all required information, the 60 day limit starts over only if the Authority sends written notice within fifteen (15)business days of receipt of the application telling the Applicant what information is missing. 7 D. If the Applicant does not appeal within the time provided, the denial shall become final. Subd. 9. Variances. A. Variances to wells and water supply lines require approval from the Minnesota Department of Health. B. The Authority may grant variances to the technical standards and criteria of Minnesota Rules,Chapter 7080 or this Section, if the system meets the requirements of parts 7080.0172, 7080.0178, 7080.0179 and this Section. C. All requests for variances from this Section shall be in writing on forms approved by the Authority. Subd. 10. Construction Inspections. A. Compliance Inspections. 1. Shall be conducted by the Authority anytime an ISTS is installed, replaced, altered,repaired, or extended to ensure compliance with permit and design requirements. 2. Inspections shall be conducted at least once during construction prior to covering of the ISTS to assure the system has been constructed per the submitted and approved design. 3. Any component of an ISTS that is buried before being inspected shall be uncovered and made ready for the necessary inspection. 4. Proposed changes to an approved permit and design shall be reviewed and approved by the Authority before the changes are incorporated. B. Inspector. 1. Compliance inspections for construction, replacement, alteration,or repair work on ISTS shall be conducted by the Authority or its designated agent. C. Request for Inspection. 1. It shall be the duty of the permitee to notify the Authority orally,by telephone,or in writing not less than 8 working hours between the hours of 8:00 a.m. and 4:30 p.m. before the work is to be inspected or tested. 2. If the Authority or its authorized agent does not appear for an inspection within 24 hours of the time set(3 working days, excluding Saturdays, Sundays, and holidays), the inspection or test shall be deemed to have been made. 8 3. Within (5) five days of completion of the work the permitee shall supply the following documentation to the Authority. a. A signed affidavit stating the ISTS installation, replacement, alteration, repair,or extension was done to code, approved plans,permit, and that the installation was free from defects. b. An as-built drawing including photographs of the system prior to covering of the work. (As-builts shall only be accepted for Standard Systems.) C. If sufficient proof is not provided, the Authority can require the uncovering of the system for inspection. D. Access to Premises and Records. 1. Upon the request of the Authority, the permit applicant,owner, or owner's agent shall allow access at any reasonable time to the affected premises as well as any related records, for the purposes of regulating and enforcing this Ordinance. 2. If entry is refused,the Authority shall use appropriate remedies provided by law to secure entry. 3. No person shall hinder or interfere with the Authority in the performance of its duties and responsibilities pursuant to the enforcement of this Section. 4. Refusal to allow reasonable access to the Authority shall constitute a separate and distinct offense whether or not any other specific violations are cited. E. Stop Work Orders. 1. Whenever any ISTS work is being done contrary to the provisions of this Section,the Authority may order the work stopped by verbal or written notice served upon the installer, owner, or owner's agent. 2. All installation and construction shall cease and desist until authorization to proceed is given by the Authority. F. Inspection Reports. I. A Certificate of Compliance or Notice of Noncompliance shall be prepared by the Authority or its designated agent following an inspection or review of as-builts submitted in accordance with Subd. 10, C.3.b. 2. A Certificate of Compliance or Notice of Noncompliance shall include a signed statement by the Authority identifying the type of ISTS inspected and whether the system is in compliance with Minnesota Rules Chapter 7080.0060. 9 3. A copy of the Certificate of Compliance or Notice of Noncompliance shall be provided to the property owner or their agent within 34 days of the compliance inspection and a copy kept on file with the Authority. a. Certificates of Compliance issued by the Authority for new construction and replacement shall be valid for five(5) years from the date of the compliance inspection or as-built certification unless the Authority identifies the system as an Imminent Public Health Threat. b. Notices of Violation may be issued with Notices of Noncompliance when the Authority determines that new construction, replacement of repairs are not in compliance with this Section. Subd. 11. Existing Systems. A. Requirements. The Authority shall require a compliance inspection of an existing system whenever: 1. In designated Shoreland Management or Wellhead Protection Areas, an application for any type of building or land use permit is made. 2. The Authority deems a compliance inspection necessary, including, but not limited to, receipt of information of a potential ISTS failure or Imminent Health Threat. 3. An additional bedroom on the property is requested. If a request for an additional bedroom is received between November 1 and April 30, the Authority may issue a building permit immediately with the contingent requirement that a compliance inspection of the existing ISTS shall be completed by the following June 1. 4. Any addition or remodel of a licensed food, beverage, or lodging establishment or any Other Establishment where the sewage treatment system's designed flow may be effected. B. Inspector. 1. Only the Authority, licensed Designer 1, or Inspector shall conduct inspections to determine compliance of existing ISTS. C. Existing Systems in Compliance with the Two-foot Rule. 1. An existing system installed before April 1, 1996 shall be considered in compliance with the technical standards of Minnesota Rules 7080 and need not be upgraded if the following conditions exist: a. The system in not an Imminent Public Health Threat. 10 b. The system has at least two feet of vertical separation between the bottom of the distribution medium and seasonally saturated soil as indicated by mottling of other indicators. C. The system is not in a Shoreland Designated Area. d. The system is not in a Wellhead Protection Area. e. The system is not serving a food/beverage/lodging facility. D. Inspection Reports. 1. A copy of the Certificate of Compliance or Notice of Noncompliance resulting from a compliance inspection shall be provided to the property owner and the Authority within 30 calendar days of the inspection. a. Certificates of Compliance issued by the Authority for an existing ISTS shall be valid for three(3) years from the date of the compliance inspection unless the system is identified as an Imminent Public Health Threat. b. A Notice of Noncompliance shall be issued in the following circumstances and the conditions noted in violation of this Section shall be remedied as follows. (1) An ISTS determined to be failing shall be upgraded, replaced, or repaired in accordance with Minnesota Rules Chapter 7080.0060 within three(3) years,or its use is discontinued. The Authority may, at its discretion, grant an extension of an additional two (2) years. (2) An ISTS posing an imminent threat to public health or safety shall be upgraded, replaced, or repaired within(10) ten months. The Authority will give consideration to weather conditions in determining compliance dates. If an ISTS is determined to be a public health nuisance by the Authority,the owner of the ISTS may be ordered to cease use immediately and not allow use of the ISTS until it is corrected in accordance with Authority's recommendations. Subd. 12. Violations. A. Cause to Issue a Notice of Violation. 1. Noncompliance with this Section shall constitute a violation. B. Serving a Notice of Violation. 11 1. The Authority shall serve, in person or by mail, a Notice of Violation upon any person determined to be not in compliance with this Section. C. Contents of a Notice of Violation. 1. A Notice of Violation shall contain the following: a. A statement documenting the findings of fact determined through inspections, re-inspections,or investigations. b. A list of specific violation or violations of this Section. C. The specific requirements for correction or removal of the specified violation(s). d. A mandatory time schedule for correction, removal, and compliance with this Section. D. Notification of MPCA. 1. The Authority shall in accordance with state law notify the MPCA of any inspection, installation, design,construction, alteration, or repair of an ISTS by a licensed person or any pumping by a licensed pumper performed in violation of the provisions of this Section. Subd. 13. Additional Standards For Health and Environmental Protection. A. Siting of an ISTS. 1. Notwithstanding any state or federal requirements,the separation distance from an ISTS to a Type 3, 4, 5, or 5 wetland shall be no less than fifty(50) feet. Subd. 14. Warrantied Systems. A. Warrantied systems, as described in Minn. Stat., Chapter 115.55, subd. 8, are prohibited. Subd. 15. Maintenance Report. A. Pumping Activities and Recording Fees. 1. The owner of an ISTS or owner's agent who measures or removes accumulations in accordance with Minnesota Rules 7080.0175 shall submit records of all pumping activities to the Authority and pay the appropriate fees. Subd. 16. Enforcement. A. Violations of This Section. 12 1, Any person, firm,corporation,or other entity who violates any of the provisions of this Section or fails to perform or refrain from doing any act or thing required by any order or direction, or notice of the Authority or who makes any false statement on a Certificate of Compliance, shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both, as defined by law. 2. Each day in violation may constitute a separate violation. B. Remedies for Violations. 1. In the event of a violation of this Section, in addition to other remedies, the City Attorney may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violations. Subd. 17. Fees. A. The City shall from time to time establish fees for permits and activities undertaken pursuant to this Section. 1. Fees shall be due and payable at a time and manner detennined by the City. Subd. 18. Appeals. A. Whenever the Authority shall deny an application for a permit or other requested governmental approval related to an ISTS including a request for a variance, the applicant may appeal the decision of denial to the Board of Adjustments and Appeals in accordance with City Code Section 2.26 by giving notice thereof to the City Clerk within ten(10) days of the receipt of written reasons for the denial. Subd. 19. Notices and Orders of Authority. A. Emergency Orders. 1. Whenever the Building Authority finds that an emergency exists in relation to the enforcement of the provisions of this Section which requires immediate action to protect the health, safety, or welfare of occupants of the premise or surrounding premises, the Authority may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this Section. 2. When any such emergency shall be declared to exist the Authority immediately shall report the same in writing to the Eden Prairie City Council. 3. Every notice of emergency shall include the following language: "If you do not comply with this Order by the above date, the City may remedy the violation and levy the costs to future assessments." Subd. 20, Severability. 13 A. If a provision or application of this Section is held invalid, that invalidity shall not affect other provisions or applications of this Section. Section 2. City Code Section 2.26, Subd. 2. B. is amended as follows: B. Special Procedures applicable to Appeals and Requests for Variances relating to Signs and Individual Sewage Treatment Systems(ISTS) and other Requests for Variances Related to Zoning. In cases of(a)appeals and requests for variances relating to (i) signs and(ii) (ISTS) and(b) other requests for variances related to zoning, the following procedures and rules to the extent they may be inconsistent with City Code Section 2.26 Subd. 2. A.,2. and 3. shall apply: I. The Board shall approve or deny the appeal or request within sixty(60)days of the filing by the appellant or the requester of a complete application with the City ("60-day period"). If the appeal or request is denied by the Board, it shall state in writing the reasons for the denial at the time it denies the appeal or request. The decision of the Board shall become final upon the earlier of(a) 15 days after the decision or(b) the end of the 60-day period. 2. The Council may elect to review the decision of the Board. The election must be made(a)within 15 days after the decision of the Board and (b)prior to the end of the 60-day period. If the Council elects to review the decision of the Board, the review by the Council shall be completed within the 60-day period. If the Council denies the appeal, request or variance, it shall state in writing the reasons for the denial at the time it denies the request. 3. The appellant or requestor may appeal a decision of the Board to the Council within ten (10)days after the decision by the Board. The Council shall complete its review of an appeal of a decision of the Board and approve or deny the appeal, request or variance within the 60-day period. If the Council denies the variance it shall state in writing the reasons for the denial at the time of the denial. 4. The 60-day period may be extended before the end of the period by providing written notice of the extension to the appellant or requester. The notification must state the reasons for the extension and its anticipated length, which may not exceed sixty(60) days unless approved by the appellant or requester. The 60-day period may also be extended as provided by Minn. Stat, § 15.99. Section 3. City Code, Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Sections 2.99 and 10.99, entitled"Violation a Misdemeanor"are hereby adopted in their entirety, by reference,as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication, 14 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1 st day of December, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1 st day of December, 2008. ATTEST: y i-M/ &"�'-) � athleen Porta, City Clerk Ph Young, Maya PUBLISHED in the Eden Prairie News on the I l`h day of December 2008. 15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 25-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CITY CODE SECTION 10.02 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS The following is only a summary of Ordinance No. 25-2008. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The amendments to the City Code Section 10.02 Relating to Individual Sewage Treatment Systems will bring the City Code into compliance with current Minnesota Pollution Control Agency rules and county regulations. Effective Date. This Ordinance shall take effect upon publication. ATTEST: 611"' K thleen Porta,City Clerk Wil Young, May PUBLISHED in the Eden Prairie News on �'`�f1 vtoo F Affidavit of Publication Southwest Newspapers State of Minnesota ] )SS. _ County of Hennepin 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Mark Weber,being duly swam,on oath says that he is the authorized agent of the publisher of SUMMARY OF ORDINANCE NO. the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated 2M8 as follows: AN ORDINANCE OFTHECITY OFEDEN PRAIRIE,MINNESOTA, A This news has complied with the requirements constituting AMENDING CITY CODE SECTION t ) paper eq g qualification as a legal 10.02 RELATING TO INDIVIDUAL newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as SEWAGE TREATMENT SYSTEMS amended. The following is o y a summary of Ordinance No. 2008- ($)The printed public notice that is attached to this Affidavit and identified as No. The full text is available for public was published on the date or dates and in the newspaper stated in the attached Notice and said inspection by any person during Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of regular offDee hours at the office of the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both the City Clerk. inclusive,and is herebyacknowledged as being the kind and size o£ used in the composition The amendments to the City and publication of the otice: g g rYt� � Code Section 10.02 Relating to Individual Sewage Treatment Systems will bring the City Code abcdefghifklmnopgrstuvwxyx into compliance with current Minnesota Pollution Control Agency rules and county regulations. By: Effective Date:This Ordinance Mark Weber shall take effect upon publication. Phil Young,Mayor Attest: Kathleen Porta,City Clerk (Published in theEdenPrairte News Subscribed and sworn before me on on Thursday, December 11, 2008; No.3725) this day of 2008 JYMME J.BARK NOTARY PUBLIC.MINNESOTA f My COMMISSjOn Expires 01l31i2013 x No blic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch Maximum rate allowed by law for the above matter................................$40.00 per column inch Rate actually charged for the above matter.........................---......----$12.19 per column inch