Ordinance No. 067D Individual Septic Systems

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construction, operation, or abandonment of any SSTS regulated under this rule by reason of standards, requirements, or inspections authorized hereunder. Section 10. Measurement of Distances. Unless otherwise specified in this division, all distances shall be measured horizontally. Section 11. Interpretation of Certain Items. For the purposes of this division, certain terms or words shall be interpreted as follows: The words "shall' and "must" are mandatory; the words "should" and "may" are permissive. Section 12. Retroactivity. 1. All SSTS. Except as explicitly set forth in part (2), all provisions of this Ordinance shall apply to any SSTS regardless of the date it was originally permitted. 2. Existing Permits. Unexpired permits which were issued prior to the effective date shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system ownership whichever is earlier. 3. Two (2) Soil Treatment and Dispersal Areas. All unsewered lots created after January 23, 1996, must have a minimum of two (2) soil treatment and dispersal area that can support trenches, seepage beds, mounds, and at -grade systems as described in Minnesota Rules, Chapters 7080.2200 through 7080.2230 or site conditions described in Chapter 7081.0270, Subd. 3 through 7. If an additional soil treatment and dispersal area is available on lots created on or before January 23, 1996, it shall be identified in the site evaluation. 4. Existing SSTS without Permits. Existing SSTS with no permits of record shall require a permit and be brought into compliance with the requirements of this Ordinance regardless of the date they were originally constructed. Section 13. Upgrade, Repair, Replacement, and Abandonment. 1. SSTS Capacity Expansions. Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this Ordinance at the time of expansion. 2. Bedroom Additions. A compliance inspection is required prior to issuance of a permit for a bedroom addition. If the system is found to be non -compliant, the owner shall upgrade, repair, or replace the existing system prior to issuance of the permit for the bedroom addition. 3. Imminent Threat to Public Health or Safety. A SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Chapter 7080.1500, Subd. 4A shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. In the event of an imminent threat to Public Health or Safety, a mitigation plan shall be submitted to the department immediately upon discovery. The mitigation plan shall immediately abate the Imminent Threat to Public Health and safety. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance. 4. Failure to Protect Groundwater. A SSTS that is determined to be failing to protect groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subd. 413 shall by upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. In the event of a system failing to protect groundwater, a mitigation plan shall be submitted to the department immediately upon discovery. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance. Ordinance No. 67D Individual Septic Systems