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(a) ISTS located within the Shoreland District found to be non- compliant due solely to lack of 3 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 of the seventh year following the year in which repair orders are issued, the intent being that at least seven full construction seasons (May thru November) shall be allowed for the completion of repairs. The repair dates will become effective upon the date of adoption of this ordinance for all systems which have been identified as non-compliant due solely to lack 3 feet of unsaturated soil prior to the date of this ordinance; their repair deadlines will be seven years from the date of this ordinance. (b) ISTS located outside the Shoreland District found to be non- compliant due solely to lack of 3 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 of the tenth year following the year in which repair orders are issued, the intent being that ten full construction seasons (May thru November) shall be allowed for completion of repairs. The repair dates will become effective upon the date of adoption of this ordinance for all systems which have been identified as non-compliant due solely to lack 3 feet of unsaturated soil prior to the date of this ordinance; their repair deadlines will be ten years from the date of this ordinance. (c) ISTS found to be non-compliant because they are either "failing" or "prohibited" as defined in Subdivision 2 of this Section, shall be repaired or replaced within 90 days if feasible but in no case later than ten (10) months after the date of the repair order. (d) 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. 5. 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 (10) days, such use to be discontinued until reinstatement of the State Permit 6. Failure to obey a lawful order requiring repair, alteration or replacement of a non-compliant 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 (10) days to show cause to the City why the property should not be condemned for occupancy according to Minnesota Statutes 463.15 et.seq. C. Annual Service Charge. An annual service charge in the amount prescribed w ithin the current City fee schedule shall be paid by the owner of every building connected to an ISTS such charge for purposes of administering and enforcing the City Inspection Program as provided for herein. A separate charge shall be due for each separate ISTS located on each property. Source; Ordinance No. 210 Effective Date: 5-4-78 Page 15 of 16