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Ordinance Amendment <br />September 12,1997 <br />Page 3 <br />any existing on-site sewage treatment system identified as a non-conformity under a program <br />established under 6120.3400." Section 6120.3400 Subpart 3(D) states that local government <br />programs must be developed and implemented "to identify and upgrade sewage treatment systems <br />that are inconsistent with the sewage treatment system design criteria" of Chapter 7080, and must <br />require reconstruction of existing non-co;ir'*rming sewage systems "whenever a permit or variance <br />of any type is required for any improveim on, or use of, the property...". The proposed ordinance <br />will be in conflict with this Section because the intent of the Ordinance Amendment is to delay for <br />10 years any requirement to upgrade. DNR staff have been advised of this proposed ordinance <br />revision but have not formally responded as of this writing. <br />Staff Recommendation <br />At first blush, staff views this as a step backwards in Orono's quest to protect the lake. However, <br />staff is also keenly aware of the negative ramifications of forcing septic upgrades immediately <br />followed by installation of municipal sewer. <br />Some Shoreland septic systems that don't meet the 3' separation are polluting on a daily basis. <br />Others may be only polluting during the few weeks or months of the year that the soils are saturated. <br />Ignoring all of them for 10 years may not be appropriate. But defining which ones are the worst <br />polluters may be very difficult. <br />The Council directive to amend the code resulted from an appeal by a property owner to make use <br />of a substandard site for replacing a system that doesn't meet the 3' requirement. The only available <br />conforming site would be costly to use and foul up applicants back yard layout. This is an area <br />within less than a half mile of existing sewer lines, but also in an area of larger lots in the rural area <br />where need for sewer is low and costs will be high. Staff questions how realistic it is to expect that <br />this area will be sewered in the foreseeable future. <br />If the City is to approve the code amendments, it must also unwaveringly commit to doing the 'rural <br />sewer study' that is being used as a rationale for the relaxed upgrade timeframe. <br />Options For Action <br />Recommend approval of the Code revisions. <br />Recommend a revised amendment. <br />Table for further discussion. <br />Recommend no changes. I ^ q ^7 <br />Other...Ki-'. <br />: A