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CHAPTER No. 235 H.F. No. 244 <br />1 public health or safety requiring removal and abatement under <br />2 section 14SA.04, subdivision 8. <br />3 (d) A certificate of compliance for a new system is valid <br />4 for five years from the date of issuance unless the local unit <br />5 of government finds evidence of an imminent threat to public <br />6 health or safety requiring removal and abatement under section <br />7 145A.04, subdivision 8. <br />8 (e) A licensed inspector who inspects an existing system <br />9 may subsequently design and install a new system for that <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />property» provided the inspector is licensed to install <br />individual sewage treatment systems. <br />Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.) (a) <br />An inspection of an existing system must evaluate the criteria <br />in paragraphs (b) to (h). <br />(b) If the inspector finds one or more of the following <br />conditions; <br />(1) sewage discharge to surface water; <br />(2) sewage discharge to ground surface; <br />(3) sewage backup; <br />(4) a cesspool; or <br />(5) any other situation with the potential to immediately <br />and adversely affect or threaten public health or safety. <br />23 then the system constitutes an imminent threat to public health <br />24 or safety and, if not repaired^ must be upgraded, replaced, or <br />25 its use discontinued within ten months of receipt of the notice <br />26 described in subdivision 5b, or within a shorter period of time <br />if required by local ordinance. <br />(c) An existing system that has none of the conditions in <br />paragraph ?b), and has at least two feet of soil separation need <br />not be upgraded, repaired, replaced, or its use discontinued, <br />notwithstanding any local ordinance that is more restrictive. <br />(d) Paragraph (c) does not apply to systems in shoreland <br />areas regulated under sections 103F.201 to 103F.221, wellhead <br />protection areas as defined in section 1031.005, or those used <br />in connection with food, beverage, and lodging establishments <br />regulated under chapter 157. <br />Section 4 <;