Fall 2016

2015 Minnesota SSTS Annual Report available this fall

Info from counties, other LGUs, show positive trends continuing: more good, less bad and ugly

The 2015 Minnesota SSTS Annual Report is expected to be published sometime around the middle of October when it will be available on the MPCA website. While the data is still being analyzed and some numbers are subject to change, many of the positive trends reported over the past few years by local units of government that manage SSTS programs are continuing. Those trends include:

• The estimated percentage of SSTS that are compliant with current standards is increasing (65% in 2008, 79% in 2015).
• The estimated number of SSTS that pose an imminent threat to public health (septage backing up into home, pooling on the ground, running straight to a ditch or stream, etc.) is decreasing (56,000 systems in 2007, 27,000 in 2015).
• The estimated number of SSTS that do not have the necessary vertical separation from seasonally saturated soil and so likely fail to protect groundwater is down (117,000 in 2008, 85,000 in 2015, a decrease of 32,000 systems).

Our understanding of the actual number of SSTS in the state and the percentage of those systems that protect groundwater and human health is improving as local governments continue to invest time and effort in activities that provide more accurate estimates, such as developing databases, reviewing old files, completing SSTS inventories and adopting ordinances that facilitate more compliance inspections.

Child's death highlights importance of inspecting/securing septic tank lids

By Nick Haig

Earlier this year, a 22-month old toddler fell in a septic tank near Two Harbors, Minn. He was airlifted to a hospital, but passed away hours later from what are believed to be complications from the fall. This tragedy has been difficult to process for those of us in the septic system industry. I have spoken with many professionals that have expressed shock, sadness, heartbreak, and grief.  Perhaps it hits so close to home for many of us because we have families, children, nieces, nephews, and neighbors that we care for deeply and would be devastated to find fallen to a similar fate. We see septic tanks every day and have observed outdated, dilapidated, or otherwise insecure tank access. We also recognize that tank lids age, and a scuff does not warrant an expensive riser and maintenance hole replacement. Every day we face the challenges presented by running a business, meeting the code, and doing right by our customers and clients.

While certain situations are more obvious than others, every situation is different, and it can be difficult to judge the risk to public health when assessing the condition of a maintenance hole. Most of our onsite encounters are not in an official capacity to assess the system’s compliance status – just to pump the tank or troubleshoot a problem or consult with a client. What is our responsibility to say something when we see a potentially dangerous situation? How insistent should we be that tank lids are secure when we leave a site? What does secure mean? 

This article highlights the risks, responsibilities and requirements when you see a potentially dangerous situation. Hopefully it will provoke some thought about how you can position your business to minimize risks and maybe help prevent a tragedy like this from ever occurring again. I want to be clear that little is publicly known about the events that led to this tragedy, and it has been called “accidental in nature” by first responders. But, I also want us to acknowledge that we, as septic professionals, are more likely than the general public to observe a potential safety hazard and we should be prepared to address this risk every day.

Risks

Tank access covers come in a variety of materials and styles – each of which has a designed method for preventing unwanted access. Some lids need to be locked, bolted, or screwed. The sheer weight and configuration of concrete lids is usually enough of a deterrent to prevent accidental or casual entry. It isn’t only weak or damaged maintenance hole covers at the surface, like the ones seen below, that present a safety hazard. Entire tanks and tank lids have collapsed under pressure in the past, which is one major reason old tanks must be properly abandoned.

Note the cracks on the green plastic tank cover above. Even if it is properly screwed in place – the crack introduces a structural deficiency that no longer makes it safe. Look at the picture of the concrete lid on the left. You can see where the edges of the tank and riser lid have corroded to create a sloped edge. This lid can quickly become a “teeter-totter” or game for curious children with potentially disastrous consequences. The most important question you can ask yourself when assessing the safety or security of a lid is, “Would you let a child play on or near it?”  If the answer is no, do something about it.

Responsibilities

Your responsibility to the owner, to the site, and to the local governmental unit depends on what you are doing on the site and what you discover when you are there. You can play it safe by answering the question, “Would I let a child play on or around this system?”  There are three levels of responsibilities:

1. Notification - professionals have an obligation to report their observations to their customers. Maintainers need to communicate the status of maintenance hole access in their report to the owner.
2. Declaration – inspectors must identify non secure tanks as an imminent threat to public health and safety and report their findings to the system owner and local unit of government.
3. Repairs – the code requires that tank maintenance hole covers be sound, durable, and “secured” after maintenance. What constitutes secure and who is responsible for doing it is largely left to the professional, owners, and local requirements.

If you come across a septic tank cover that is not sound or durable, you should insist something be done about it. You can outfit your trucks with supplies and prepare your employees to address the most concerning situations before they even leave the site. DANGER or CAUTION stickers can double as a smart marketing tool when your phone number and website are printed alongside the notice.

If an owner absolutely refuses additional measures, you can refuse to pump the tank and still charge a flat service fee. If you do perform the maintenance service, you must leave the tank cover in a durable and sound condition, which may mean replacing the cover. You should make your recommendations and any owner refusal very clear on your report to the system owner. You should also consider notifying the local unit of government when unsafe conditions exist.

Requirements

Chapter 7080 has always explicitly referred to “unsecured, damaged, or weak maintenance hole covers” as an imminent threat to public health and safety. It has also always required that maintenance hole covers be left in a sound and durable condition, in addition to being “secured” after a tank is pumped. In the 2008 rule revision, the MPCA clarified what “secure” means for systems that were installed or have had tank access brought to grade after 2008:

The definition of “secure” depends on three primary factors:

1. The local SSTS program’s definition of “secure” – different local standards apply to these requirements.
2. The date of system installation – the vast majority of systems in the state were installed before 2008, and are not required to meet the prescriptive standards above unless the access is raised to grade or other local requirements apply.  However, this never means it is acceptable to simply allow unsafe conditions to continue.   
3. The depth of cover – tanks installed prior to 2008 may continue to have below grade access, but these systems must never present a risk of collapse under pressure.

Tips

1. Educate your customers about the critical importance of lid safety.
2. Be prepared – load supplies and prepare employees to address these situations.
3. Ensure primary restraint – do not leave a site with a maintenance hole that is not sound or durable.
4. Consider secondary restraint – if you aren’t sure if it really needs to be replaced, consider some of the secondary restraints on the market.
5. Be partners, and not adversaries, with your local program – work together to identify and address problems that pose real threats to people’s safety.
   

MPCA gets to bottom of Beaver Lake "septic" spill

On a weekend in early August, the sheriff’s office in Steele County received a call from residents on Beaver Lake near Ellendale reporting a large amount of "septic waste" had contaminated the lake. As a precaution, the sheriff’s office closed access to the lake and issued a warning. “The callers said they could see toilet paper and other materials you might expect came from a septic system floating in the water in a very widespread matt of brown/purple-colored material that had a bad odor to it,” says Steven Oscarson, the MPCA staff person called upon to help investigate the situation. When Oscarson arrived on Monday, an environmental services crew was on the scene, containing and collecting the material. People in the neighborhood suspected a faulty septic system might be the source of the contamination but Oscarson said it wasn’t likely one system could be responsible for the amount of material found in the lake. He said the substance also did not have the odor or color typically associated with septic waste, nor did it contain any of the items commonly found in septic waste as first reported by callers. So while Oscarson and others on the scene that day thought the spill was not from septic systems, other possibilities remained, such as runoff from a feedlot upstream. A sample of the material was tested. It turned out to be a type of algae that has the potential of becoming toxic to humans and animals. It’s not clear if the algae formed in the lake or was washed into the lake through a culvert connected to a nearby wetland after heavy rains in the area. Oscarson said even though it turned out this was not a case of a septic spill, he appreciated the fact someone reported a situation that might have been a septic spill and one which did indeed turn out to pose a potential health issue. He said the case also highlights the fact that early reports about a situation or event often contain information that later turns out to be incorrect.

Fixing septic systems in rocky MN county no longer a pipe dream

Building your home directly on bedrock is great, when it comes to the foundation, terrible when it comes to installing a septic system. Septic systems need at least three feet of the proper type of soil in order to adequately treat septic waste for pathogens such as bacteria and viruses. Minnesota Public Radio Reporter John Enger went to Rainy Lake earlier this summer to cover the story of how Koochiching County began a project 20 years ago to connect homes along the lake to a central wastewater processing system via a six-inch pipe channel bored through 15 miles of solid granite. The reporter spoke with the MPCA’s Aaron Jensen as part of the story (available online).

Governor Dayton declares Sept. 19-23 SepticSmart Week in Minnesota

Because proper care and maintenance  of septic systems is vital to protecting public health; preserving our groundwater, lakes and streams; and avoiding costly repairs that can result from neglect, Minnesota Governor Mark Dayton has declared this week Septic Smart Week in Minnesota. Learn how your septic system works and how you can keep it working for years and years. This interactive model developed by the Guadalupe-Blanco River Authority in Texas shows you how it all works.

2016 tank fee submission reminder

The Minnesota Legislature passed a bill in 2003 that requires SSTS installers to pay a $25 fee for each septic system tank they install. Since then, the process installers need to follow to submit those fees has been changed to better track and account for the fees.

One problem that arose was the MPCA was receiving random checks here and there as installers installed  tanks. That made recordkeeping and accountability difficult, says the MPCA's Kristi Kalk. In 2014 the Legislature updated the tank fee regulations to require the MPCA to send installers an invoice they must use when submitting tank installation fees to the state. Kalk says the process is still being fine-tuned internally, but the steps installers need to follow for submitting 2016 tank fees are the same as they were in 2015.

Steps for submitting 2016 tank installation fees

1. Work with local governmental units (LGUs) to verify the number of tanks installed during the 2016 calendar year.
2. In November of this year, installers will again receive a copy of the SSTS Tank Fee Record/Submission form. All installers need to complete both sides of the form and return it to the MPCA by Jan. 31, 2017. This form will also be available on the MPCA website. DO NOT include payment with the form.
3. Even if you did not install any tanks in 2016, you still need to indicate this on the form and return it to the MPCA. Enter a zero on the form where it asks for the number of tanks installed in 2016.
4. Installers that report installing one or more septic system tanks in 2016 will receive an invoice from the MPCA in April 2017 for payment. Payment submissions should include both the invoice and the payment. Failure to pay these invoices within 30 days could lead to an enforcement action including license revocation.

Local governments will still submit tank installation counts in their annual reports to the MPCA. The MPCA will use these reports to audit the number of tanks installed reported by installers. If discrepancies are found, the MPCA will contact the installer to follow up.  Discrepancies could result in an enforcement action.

Mid-century furniture, still cool; mid-century septic systems, not so much

Septic system design/construction requirements have changed a lot over the years to better protect human health and groundwater/surface waters from pathogens and nutrients. A homeowner getting a new septic system this summer gave this photo to a Goodhue County inspector. It shows the home's old septic tank being installed in the 1960s. If you've got an interesting septic-related photo to share (whether from the good old days or today), send it along with a description or brief story. It can be historical or current, serious or "toilet humor" (within reason of course) like the photo below (read the Canadian plumber's story here). Just email your photo the editor. If the image is in hard copy form, you can use a smartphone to take a picture of it and forward the image to the email above.

SSTS Bulletin goes quarterly

The SSTS Bulletin is changing from a monthly distribution to going out four times a year. Special editions will be sent to highlight important time-sensitive information.

MPCA SSTS staff - who to call

Detailed contact information for MPCA SSTS staff is available on the MPCA website. All MPCA staff can be reached at 651-296-6300 or toll-free at 1-800-657-3864. Past editions of the SSTS Bulletin are available on the MPCA website.