7.4. SR 04-21-2014 - Laserfiche WebLink

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James Cy. Robin March 14, 2014 Page 2 Minnesota Rules, Part 6120.3400, Subpart 3(D) requires that: D. Local governments must develop and implement progranis to identit)y and upgrade sewage treatment systems that are inconsistent with the sewage, treairnent system design criteria identified in iterli B, exclusive of the appropriate setback from the ordinary high water level in itern C. These programs must require reconstruction of existing nonconforming sewage systems whenever a permit or variance of any type is required for aiiy iniprovernem on, or use of'- the property, and must include at least one of the following approaches: (1) a systematic review of existing records to determine which systems, in the Jurisdiction are nonconfiorining and requiring reconstruction when practicable; (2) a systematic on-site inspection program including all properties where adequate record of conformance does not exist, identifying nonconforming or illegal systems and reqUiring reconstruction when appropriate; 1-he requirernems of Minnesota Statutes, Chapter 103E and Minnesota Rules, Part 6120.3400, Subpart 3, are implemented in the Cit y's Shoreland Ordinance, including Section 30J-1986. Section 30-1986 of the Shoreland Ordinance governs nonconformities within shoreland areas, Section 30-1 986(3) governs nonconforming sewage treatment systen-is and provides, in part, that: A sewage treatineW systern not ineeting the reqUirernen-ts otSection 30-2028 shall be upgraded,, at a minunurn, at any time a pen-nit or variance of any type is I'CqUired for any improvement on, or use of, the property. Section 30-3028(b)(2) provides: (2) All private sewage treatment systems shall meet or exceed the state, pollution control agency standards, for individual sewage treatmetit systems contained in the document titled "Individual Sewage Treatment System Standards, Chapter 7080," a copy of` which is hereby adopted by reference and declared to be a pan ofthis division. "'Individual Sewage, Treatinent, System Standards, Chapter 7080" is a reference to hapter 7080 of the Minnesota Administrative Rules, which regulates individL1,11 subsurface sewage treatment systems. Hiese Rules were adopted by the Minnesota I)ollution Control Agency purSUant to N4innesota Statutes, Section 115.55, which requires all counties to I adopt ordinances that at coply With 111C Subsurface sae w age treatnient system rules. Sherburne County has done so. in Section 17.5 of the County Code. Pursuant to Minnesota Statutes,, Section 115.S5, tlie Sherburne C.'ot.iiityordiiiauiiec applies ii-i tine. C ity of lk River.