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Section 5.4. Protection Of ISTS Site(s). All sites of actual or proposed ISTS, including redundant sites, shall be permanently marked or identified and protected from all future encroachment by any improvements, construction, or other activities which may result in compaction or disturbance of soil on the sites, other than that caused by the installation of an ISTS. Section 5.5. ISTS Set Backs On Site. All proposed sites for new or replacement ISTS must be at located on the property as follows: Section 5.5.1 No ISTS may be installed within the areas of lot set back or within the area of any easement in any district; Section 5.5.2 All ISTS must be installed with isolation distances from a water -supply well, including those on adjacent properties, as defined in Minnesota Rules, Chapter 4725 and Minnesota Statutes, Chapter 1031 currently in force and as amended from time to time; Section 5.5.3 The minimum set -back for on -site individual sewage treatment system (ISTS) is two -hundred (200') feet from the Shoreline in accordance with Gem Lake Ordinance No. 43F, Section 11.6(1) 0 currently in force and as amended from time to time; Section 5.5.4 The placing of ISTS on any real property in the City of Gem Lake shall be subject to the conditions set forth in this ordinance, Ordinance No. 43F and the Gem Lake Watershed Management Plan currently in force and as amended from time to time, the rules of all Watershed Management Organizations in effect at the time of design and installation, and any State of Minnesota rules that may apply. a) In the event that one or more of the aforementioned rules governing the design, placement and installation of ISTS are in conflict, the stricter of the rules shall apply. SECTION 6. Seepage Pits. Section 6.1. Seepage Pits As Systems. Notwithstanding any other requirements of this Ordinance to the contrary, seepage pit systems shall not be considered "failing" provided such systems meet all other conditions and requirements in this Ordinance and the Septage Inspector receives, within the applicable time periods established in subsections 6.1.1 and 6.1.2 below, sufficient and credible evidence (which evidence, at a minimum shall include a physical evaluation and demonstration, by a Person with a Designer I license or similar qualifications that the seepage pit system complies with the separation standards established in subsections 6.1.1 and 6.1.2 below, and which may include the use of soil borings or peizometers, all as reasonably required by the Septage Inspector on a case -by -case basis, but which in no event shall include chemical or biological characterization of the shallow groundwater) to the satisfaction of the City that such system meets the minimum separation standards specified below. Section 6.1.1. Minimum Separation In Shorelands. Within the three (3) year period ending 31 December 2000, seepage pits systems may be maintained within areas deemed wholly or partially "Shoreland" area (as defined herein or by the State of Minnesota), provided the Septage Inspector receives evidence that there is at least three (3') feet of soil or sand between the bottom of each seepage pit in the system measured at it's lowest point, and the seasonally high water table or saturated soil; or Section 6.1.2. Minimum Separation In Non-Shorelands. Within the five (5) year period ending 31 December 2002 seepage pit systems ` may be maintained within areas deemed wholly "Non-Shoreland" area" (as defined herein or by the State of Minnesota), provided the Septage Inspector receives evidence that there is at least two (T) feet of soil or sand between the bottom of each seepage pit in the system measured at it's lowest point, and the seasonally high water table or saturated soil. Section 6.2. Increased Demand. All seepage pit systems shall be considered failing regardless of whether such system meets the applicable minimum separation standards specified in Sections 6.1.1 or 6.1.2 upon any increase in use of such system due to the addition of a bathroom, bedroom, pool, or other improvement to the dwelling located upon the real property upon which a seepage system is located which may reasonably be deemed to result in an increase in the use of such system. Section 6.3. Seepage Pit System Inspection Fees. All costs incurred by the City to inspect seepage pit systems and review evidence of compliance with the minimum separation standards specified herein, including Septage Inspector fees and costs to retain experts deemed necessary by the City to assist the Septage Inspector with any such review shall be paid by the Property Owner of the real property upon which the seepage pit system is located. All or any portion of such costs may be required to be paid upon application by such Property Owner to the City for inspection by the Septage Inspector of a seepage pit system and review of evidence of compliance with minimum separation standards relating thereto and any amount incurred by the City beyond the amount paid upon application shall be paid by such Property Owner upon receipt of a bill from the City. Section 6.4. Compliance Certificate. The Septage Inspector shall provide a certificate or other written evidence that a seepage pit system complies with the minimum separation standards within thirty (30) days after receipt of evidence deemed by the Septage Inspector to demonstrate compliance as required herein.