Agenda - Council - 10/13/2009 - Laserfiche WebLink

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construction on forms provided by the Department and accompanied by required site and design data, and permit fees. Permits shall only be issued to the person doing the individual sewage treatment system construction. 2.07 An Imminent Public Health and Safety Threat and Failing System. A. An Individual Sewage Treatment System which poses an imminent threat to public health and safety shall be brought into compliance with this ordinance in accordance with a schedule established by the Department, which schedule will not exceed forty -five days unless the Department finds extenuating circumstances. B. A failing system, other than one that poses an imminent health or safety threat, shall be brought into compliance within twenty -four months after receiving notice from the Department. 2.08 Non - Complving Systems. Existing systems which are non - complying, but are not an imminent health or safety threat or failing, may continue in use so long as the use is not changed or expanded. If the use changes or is expanded, the non - complying elements of the existing system must be brought into compliance. 2.09 Non - Complying Work. New individual sewage treatment system construction that is non - compliant, or other work on a system that is non- complying, must be brought into compliance with this ordinance in accordance with a schedule established by the Department, which schedule will not exceed seven days unless the Department finds extenuating circumstances. 2.10 Change In Use. A Certificate of Compliance may be voided if, subsequent to the issuance of the certificate, the use of the premises or condition of the system has changed or been altered. 2.11 Existing System. Where the term "existing system" is used it shall mean a system constructed prior to January 1, 1998 in compliance with the then applicable code. 2.12 Site Evaluation and System Design, Construction, Inspection, and Servicing. Site evaluation, and system design, construction, inspection and system servicing shall be performed by Minnesota Pollution Control Agency licensed contractors. If an evaluator or designer has any un- corrected non - complying work, the Department may withhold acceptance of work on new projects from that evaluator or designer until the outstanding non - compliance is corrected. If an installer has any un- corrected non - complying construction, the Department may withhold issuance of construction permits for that installer for new projects until the non - compliance is corrected. 2.13 Where conditions prevent the construction, alteration, and /or repair of an individual sewage treatment system on an existing developed parcel of real property, the Department may reduce property line and building setbacks and system sizing requirements provided said reduction does not endanger or unreasonably infringe on adjacent properties and with the concurrence of the affected properties. 3.00 STANDARDS ADOPTED 3.04 Minnesota Rules Parts 7080.0010- 7080.0020, 7080.0060- 7080.0178, 7080.0179, and 7080.0315 -0600 relating to individual sewage treatment systems, as in effect on April 10, 2001, are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. 3.05 The rules, adopted in Section 3.04 are amended as follows: A. Wherever the word "Agency" appears, it shall be deleted and the word "County" inserted. B. Wherever the word "Commissioner" appears, it shall be deleted and the word "Department" inserted.