7.4. SR 04-21-2014 - Laserfiche WebLink

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James G.Robin March 14,2014 Page 2 Minnesota Rules,Part 6120.3400, Subpart 3(D)requires that: D. Local governments must develop and implement programs to identify and upgrade sewage treatment systems that are inconsistent with the sewage treatment system design criteria identified in item B, exclusive of the appropriate setback from the ordinary high water level in item C. These programs -must require reconstruction of existing nonconforming sewage systems whenever a permit or variance of any type is required for any improvement 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 nonconforming 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; . . . The requirements of Minnesota Statutes, Chapter 103F and Minnesota Rules, Part 6120.3400, Subpart 3, are implemented in the City's Shoreland Ordinance, including Section 30-1986. Section 30-1986 of the Shoreland Ordinance governs nonconformities within shoreland areas. Section 30-1986(3) governs nonconforming sewage treatment systems and provides,in part,that: A sewage treatment system not meeting the requirements of Section 30-2028 shall be upgraded, at a minimum, at any time a permit or variance of any type is required 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 treatment 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 part of this division. "Individual Sewage Treatment System Standards, Chapter 7080" is a reference to Chapter 7080 of the Minnesota Administrative Rules, which regulates individual subsurface sewage treatment systems. These Rules were adopted by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes, Section 115.55, which requires all counties to adopt ordinances that comply with the subsurface sewage treatment system rules. Sherburne County has done so, in Section 17.5 of the County Code. Pursuant to Minnesota Statutes, Section 11555,the Sherburne County ordinance applies in the City of Elk River.