§ 155.05. GENERAL REQUIREMENTS.

(A) 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.

(B) SSTS on lots created after January 23, 1996. All lots created after January 23, 1996 must have a minimum of two (2) soil treatment and dispersal areas that can support trenches, seepage beds, mounds, and at-grade systems as described in Minnesota Rules 7080.2200 through 7080.2230 or site conditions described in Minnesota Rules 7081.0270, Subp. 3 through 7.

(C) SSTS capacity expansions. Expansion of an existing SSTS also must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this chapter at the time of the expansion.

(D) Failure to protect groundwater. An SSTS that is determined not to be protective of groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subp. 4B shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this chapter within twelve (12) months of receipt of a notice of noncompliance.

(E) Imminent threat to public health or safety. An SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Chapter 7080.1500, Subp. 4A shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this ordinance within ten (10) months of receipt of a notice of noncompliance.

(F) Abandonment. Any SSTS, or any component thereof, which is no ionger intended to be used, must be abandoned in accordance with Minnesota Rules 7080.2500,

(G) SSTS in floodplains. SSTS shall not be located in afloodwayand wherever possible, location within any part of a floodplain should be avoided. If no option exists to locate a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements in Minnesota Rules 7080.2270 and all relevant local requirements are met.

(H) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of Federal Regulations (hereinafter "CFR"), Title 40, Part 144, are required by the federal government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR Title 40, Part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures.

(I) SSTS practitioner licensing. No person shall engage in site evaluation, inspection, design, installation, construction, alternation, extension, repair, maintenance, or pumping of SSTS without an appropriate and valid license issued by the Minnesota Pollution Control Agency (hereinafter "MPCA") in accordance with Minnesota Rules, Chapter 7083 except as exempted in 7083.0700.

(J) Prohibitions. Any surface discharging system must be permitted under the National Pollution Discharge Elimination program by the MPCA.

(Ord. 426, passed 11-18-2014)