09-22-1997 Council Packet - Laserfiche WebLink

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Ordinance Amendment September 12, 1997 Page 2 3' separation is the only reason a system is Non-Compliant. This timeframe was chosen based on a number of factors including: - The sheer number of systems needing replacement is likely to require a number of years to deal with, both from a City staffing standpoint as well as based on contractor availability and weather constraints. \ X Continuing the City's long-standing program of requiring immediate repairs or replacement of failing systems needs to be a liigher priority than replacing systems which may be polluting for only a few weeks or months out of the year during high seasonal water tables. The City's current 2-year timeframe for the Shoreland areas was adopted in 1993 when it was concluded that the 1 -year timeframe in the 1978 code was too short a period in which unsuspecting homeowners would have to make large expenditures for new systems. Also, 2 years was the timeframe suggested by the DNR in their model Shoreland Ordinance. Minn. Rules Chapter 7080 and State Statutes - A Moving Target The most current set of State Rules regulating septic systems is Chapter 7080 which was most recently published January 16,1996. While rule changes are pending (they are always pending, this is the most elusive moving target ever created by a State agency), the Legislature has made some Statute changes adopted as recently as June 1997 which are as yet not reflected in the rules. State Rules Chapter 7080, Section 7080.0060, Subd. 4, requires that a non-compliant septic system (one that is failing, or that doesn't meet the 3' separation) must be upgraded prior to issuance of a building permit for a bedroom or bathroom addition, or when a (septic code?) variance is involved. Staff finds no specific timeframe in the rules for replacement of systems which merely don't meet the 3' separation. Apparently the 1996 Legislature failed to pass proposed changes requiring a 5-year timeframe. Systems which are found to be an 'imminent threat to public health or safety' (those which discharge to ground or surface water or cause a backup into a building) must be made compliant within ten months. But, the 1997 Legislation now has apparently allowed cities to relax ordinances and allow continued use of existing systems which have at least 2 feet of separation. This will, however, have little impact on those systems already identified as non- compliant in Orono; Steve Weckman indicates that 99 out of 100 tagged so far have 1 foot of separation or less. Conflict with Shoreland Regulations, Chapter 6120 Minnesota Rules Chapter 6120, the Statewide Standards for Management of Shoreland, Section 6120.3900 Subpart 4(A) states that "Local governments must require upgrading or replacement of