Buying & Selling Property
Aitkin County Subsurface Sewage Treatment System (SSTS) Ordinance requires that a Certificate of Compliance completed by a licensed inspector, be provided prior to the transfer of title to real estate with a dwelling unit, mobile home or any other building served by or required to have a SSTS, or, before the transfer of title by deed, contract or lease of a term of three (3) years or more.
If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer with an approved septic system design and approved permit for the installation of a SSTS, or an escrow agreement (see requirements below). The escrow agreement shall be filed with Aitkin County Planning & Zoning.
In the event that one of the exemptions listed below applies, a Sworn Affidavit must be completed and filed with Aitkin County Planning & Zoning.
NO INSPECTION REQUIRED, if the transfer involves the following exemptions:
- A valid "Certificate of Installation" for a New/Replacement System is on file and dated within the last five (5) years.
- A valid "Certificate of Compliance" for an Existing System is on file and dated within the last three (3) years.
- A full list of exemptions can be found in the Aitkin County SSTS Ordinance.
INSPECTION REQUIRED, if the sale or transfer does not involve the exemptions above:
- Contact Licensed Inspector: The Minnesota Pollution Control Agency (MPCA) maintains a list Click here. You also can get a list maintained by Aitkin County Click here.
- Site Inspection: Licensed inspector conducts site visit and determines septic condition. Click here to learn more about inspections.
- Licensed inspector submits report to the County:
Step-by-Step Inspection Process
"Certificate of Compliance": The system is compliant and is valid for three years. No other actions on your part necessary and proceed with the closing.
"Notice of noncompliance":
Failing to Protect Groundwater: If the report indicates a failing system the seller shall provide the buyer sufficient security in the form of an Escrow Agreement to assure the installation of the complying SSTS. See Escrow requirements below. The buyer may, by mutual written agreement with the seller, assume the responsibilities to fund the escrow. The system must be upgraded or replaced within twelve (12) months.
Imminent Threat to Public Health & Safety (ITPHS): An SSTS that is an Imminent Threat to Public Health & Safety shall be abated within ten (10) days and the SSTS shall be upgraded or repaired within ten (10) months. If the ITPHS is a surface discharge of sewage or effluent, the SSTS must be pumped and managed as a holding tank to prevent surface discharge from reoccurring. If the replacement of an ITPHS system does not occur prior to closing, then an escrow agreement is required. Acting early gives you time to make necessary corrections before the sale or transfer.
ESCROW: If the seller fails to provide a Certificate of Compliance, or if a compliance inspection indicates a Notice of Noncompliance or if the seller is unable to complete a compliance inspection due to frozen soil conditions, the seller shall provide the buyer sufficient security in the form of an Escrow Agreement to assure the installation of the complying SSTS. The buyer may, by mutual written agreement with the seller, assume the responsibilities to fund the escrow.
The security shall be placed in an escrow with a licensed real estate closer, licensed attorney at law, or federal or state-chartered financial institution. The amount escrowed shall be equal to 125% of a written estimate to install a complying SSTS provided by a Licensed Installation business or Licensed Installer.
The Escrow Agreement shall list Aitkin County as having the "release authority" of the escrow monies, which shall not be released until a Certificate of Compliance is issued by the Department or its agent.
After a complying SSTS has been installed and a Certificate of Compliance issued, the Aitkin County shall provide the escrow agent a copy of the Certificate of Compliance, which shall cause the escrow to be released. A copy of the Escrow Agreement and written estimate must be submitted to Aitkin County Planning & Zoning.
WINTER SALES: When frost conditions will not permit for an inspection, an Escrow Agreement shall be submitted to Planning & Zoning.
OPERATING PERMITS: Septic systems with operating permits do not transfer to new property owners. New owners shall apply for an operating permit accompanied with a signed maintenance and monitoring contract by a licensed service provider or inspector.