02-27-2017 Council Packet - Laserfiche WebLink

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(2) Variances shall be approved, conditionally approved or rejected in writing by city staff. The owner shall pay all costs incurred by the city in the review of the proposal. (3) Variance approvals shall be subject to all conditions established by the city at the time of approval and thereafter. (4) Any variance application may be referred to the city council for review by the on-site systems manager. (Code 1984, § 12.30(4)(E); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 199 2nd series, § 1(12.30(4)(E)), 5-8-2000; Ord. No. 38 3rd series, § 2, 9-24-2007) Sec. 58-75. - Noncompliant systems. (a) Owners of noncompliant septic systems determined as such by the City of Orono's earlier inspection programs which were issued orders requiring maintenance, repair or replacement shall be subject to the following: (1) An ISTS located within the Shoreland District found to be noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be repaired or replaced within a reasonable period of time not to extend past December 31, 2007. (2) An ISTS located outside the Shoreland District found to be noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be repaired or replaced within a reasonable period of time not to extend past December 31, 2010. (b) Owners of noncompliant septic systems identified as such after the date of this ordinance which are found to be non-compliant for other reasons than due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be issued orders requiring maintenance, repair or replacement, as follows: (1) An ISTS found to be noncompliant because it is either failing or prohibited, as defined in section 58-43, shall be repaired or replaced within 90 days, if feasible, but in no case later than ten months after the date of the repair order. (2) Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped within 48 hours and as often as necessary thereafter to eliminate effluent discharge until system repairs are completed. (c) An ISTS required to obtain and maintain a MPCA state disposal system permit shall meet the requirements of Minnesota Rules chapter 7080. If the state permit lapses, orders shall be issued to cease use of the ISTS within ten days, such use to be discontinued until reinstatement of the state permit. (d) Failure to obey a lawful order requiring repair, alteration or replacement of a noncompliant ISTS shall be cause for the city to enjoin the owner or occupant from further use of the ISTS. Upon notice, the owner shall have ten days to show cause to the city why the property should not be condemned for occupancy according to Minn. Stat. § 463.15 et seq. (Code 1984, § 12.30(8)(B)(4)(6); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 199 2nd series, § 1(12.30(8)(B)(4)), 5-8-2000; Ord. No. 38 3rd series, § 2, 9-24-2007) Sec. 58-77. - Property transaction standards for individual sewage treatment systems. Page 2