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5. Minnesota Rules, Part 6120.3400, Subpart 3(B) requires that all private <br /> sewage treatment systems must meet or exceed applicable rules of the Minnesota <br /> Department of Health,the Minnesota Pollution Control Agency, specifically Chapter 7080 <br /> for individual sewage treatment systems, and any applicable local government standards. <br /> 6. Minnesota Rules, Part 6120.3400, Subpart 3(D) requires that local <br /> governments must develop and implement programs to identify and upgrade sewage <br /> treatment systems that are inconsistent with the Sewage Treatment System Design Criteria, <br /> and that these programs must require reconstruction of existing nonconforming sewage <br /> treatment systems whenever a permit or variance of any type is required for any <br /> improvement on, or use of,the property. <br /> 7. Section 30-1986 of the City of Elk River Shoreland Ordinance requires that a <br /> sewage treatment system not meeting the requirements of City Code must be upgraded,at a <br /> minimum, at any time a permit or variance of any type is required for any improvement on, <br /> or use of,the property. <br /> 8. Pursuant to the applicable Minnesota Statutes,Minnesota Rules and the <br /> City's Shoreland Zoning Ordinance,the sewage treatment systems serving Wapiti Park <br /> Campground,if they do not meet the current requirements of state law and regulation,must <br /> be upgraded before a permit of any type may be approved for use of the property. This <br /> includes an Interim Use Permit for the store building. <br /> 9. In the February 26, 2014,letter from Applicant's attorney,Applicant <br /> indicates that the store building is served by a septic system consisting of two tanks and a <br /> drain field on the north side of the building, but that the Applicant does not have records as <br /> to the size of the system, does not know when the system was built, does not have any plans <br /> or any copies of any permits for the system and does not have copies of any inspection <br /> reports for the system. The Applicant also indicated that there are two additional septic <br /> systems on the campground property,but provided no information as to the size,installation <br /> date,plans,permits or inspection records for these systems. <br /> 10. Pursuant to the applicable Minnesota Statutes,Minnesota Rules and the <br /> City's Shoreland Ordinance requirements,the City must determine whether the existing <br /> septic systems at Wapiti Park Campground meet the current state standards before any <br /> permit,including the IUP, can be approved for use of the property. <br /> 11. The Applicant has submitted no information from which it can be <br /> determined whether the existing septic systems at the campground meet current state <br /> standards. <br /> 12. The City is prohibited by state law and city ordinance from approving the <br /> IUP if the septic systems have not been inspected and found to be in compliance with the <br /> state standards. <br /> 13. City Code Section 30-901 requires that parking and drive areas by defined by <br /> curb and gutter to control storm water runoff. The application does not include the required <br /> curb and gutter. <br /> P O W E R E D 0 Y <br /> 1`4Af- <br />