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"Nonconforming" Versus "Failing" Systems. <br />In 1989, MPCA Rules Chapter 7080 were revised to include in the definition of <br />nonconforming systems, "systems with less than 3' of unsaturated soil or. sand <br />between the distribution device and the limiting soil characteristics". This <br />regulation defines limiting soil characteristics as "those soil characteristics which <br />preclude the installation of a standard system, including evidence of water toble". <br />Water table is defined as "the highest elevation m the soil where all voids are filled <br />with water, as evidenced by presence of water or soil mottling or other <br />information". <br />In the State of Minnesota, soil mottling has become the key factor in determining <br />the highest level of seasonal saturation in the soil. In Orono's loam and clay loam <br />soils, soil mottling and seasonal saturation are commonly found from 2' to 5' below <br />the ground surface. In order to meet the 3' separation requirement, a majority of <br />new septic systems are mounds, which maintain the 3' separation. <br />The use of soil mottling for determining seasonal saturation is subjective at best, <br />but is the only practical method identified by the State for determining seasonal <br />saturation. However, in some years samration may not occur at the mottling level, <br />and in other years saturation may occur at the mottling level for only a few days, <br />weeks or months in a given year. The State has taken the position that even though <br />the system might be too close to the water table for a short period during any given <br />year, that system is not conforming. <br />Very few septic systems in Orono are failing at any given time, perhaps 3-5% or <br />1 in 25. However, as many as 500-600 of the 1150 existing systems are estimated <br />as fitting the definition of "non-conforming". While these may treat sewage quite <br />adequately most of the time, during some periods they may not. <br />Evaluation Methods. <br />Each neighborhood was evaluated in terms of soil and water conditions, proximity <br />to lakeshore or other water bodies, and lot sizes. Within each neighborhood, <br />individual systems were analyzed to determine system type (trench, mound, bed <br />or cesspool), system condition (working, marginal or failing), conformity with 3' <br />separation requirement (conforming or nonconforming), whether the system is in <br />the designated "Shoreland" district, and whether or not an alternate drainfield site <br />is available. <br />Note that in analyzing system conditions, systems exhibiting no surface discharge <br />and generally in working order were considered as "working"; systems obviously <br />discharging to the surface were considered as "failing"; and systems with a <br />drainfield area samrated but not dischargmg were considered as "marginal". It is, <br />therefore, possible and quite conunon to have a system that is working but is still <br />non-conforming.