Agenda - Council - 05/13/2014 - Laserfiche WebLink

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7082.0050 LOCAL ISTS PROGRAMS 4 ordinance Cities and townships are authorized to adopt conventional programs as described in subpart 3 even if the county has adopted a performance program. B. County ordinances that administer SSTS programs must be updated to the standards of chapters 7080 to 7083 within 24 months of February 4, 2008. City and township ordinances must be updated no more than 12 months after adoption of the county ordinance in which the city or township is located and must comply with the standards of chapters 7080 to 7083 and must be as strict as the applicable county ordinance Subp. 2. Review by agency. A. A copy of all local ordinances regulating SSTS and all future ordinances or amendments must be submitted to the commissioner 30 days prior to adoption, accompanied by a completed ordinance review checklist on a form provided by the commissioner. B. Local ordinances and programs must be reviewed by the commissioner for compliance with this chapter and to ensure that, based on local circumstances in that jurisdiction, the ordinance adequately protects public health and the environment. The commissioner must complete the ordinance review within six months of receipt. A local unit of government is authorized to implement ordinances during the review process. The commissioner must supply comments on the ordinance to the local unit of government when the review is complete. Subp. 3. Conventional programs. Each SSTS ordinance must have technical standards. Conventional programs are comprehensive programs that employ ISTS and MSTS technical standards and criteria as specified in chapters 7080 and 7081 and program administrative functions in parts 7082.0100, subparts 1, 2, 3, and 5, and 7082.0300 to 7082.0700. Subp. 4. Performance programs. A county is authorized to further choose to develop and implement a comprehensive, performance -based program using ISTS and MSTS designs tailored to adequately protect the public health and the environment based on local environmental sensitivity. Performance programs must meet the requirements of the conventional program plus include provisions necessary to implement part 7082.0100, subpart 4. Subp. 5. Requirements for alternative local standards. Counties are authorized to adopt and enforce by ordinance alternative local standards for existing or new construction or replacement of SSTS as part of a conventional program. The alternative local standards must protect public health and the environment as stipulated in Minnesota Statutes, section 115.55, subdivision 7, paragraphs (a) and (b), and must comply with items A to H. A. Except as provided in items G and H, alternative local standards must not apply to systems in shoreland areas or wellhead protection areas or systems serving food, beverage, or lodging establishments. B. Alternative local standards must comply with requirements of other applicable state laws or rules or local ordinances. C. Local SSTS ordinances with alternative local standards for existing systems must include a time period to upgrade, replace, or discontinue use of a noncomplying system. The draft local ordinance, including the alternative local standards, must be submitted to the commissioner for comment before adoption to demonstrate that, based on local circumstances in that jurisdiction, the alternative local standards adequately protect public health and the environment. Possible considerations for justification of the alternative local standard for existing systems include: (1) soil separation; Copyright ©2014 by the Rev so of Statutes, State of Minnesota. All Rights Reserved.