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09-22-1997 Council Packet
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09-22-1997 Council Packet
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CHAPTER No. 235 <br />H.F. No. 244 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />of the existence or known status of the systemr. <br />(b) A seller or transferor who fails to meet the <br />requiretnents of this section is liable to the buyer for costs <br />relating to bringing the system into compliance with the <br />individual sewage treatment system rules and for reasonable <br />attorney fees for collection of costs from the seller. An <br />action under this subdivision must be commenced within two years <br />after the date on which the buyer closed the purchase or <br />transfer of the real property where the system is located. <br />Sec. 6. Minnesota Statutes 1996, section 115.55, <br />subdivision 7, is amended to read: <br />Subd. 7. (LOCAL 0RBiNANeE-MA¥-BB-MeRE-RESTRieTfVB <br />STANDARDS.) (a) (EXISTING SYSTEMS.] Counties mav adont by <br />ordinance local standards that are less restrictive than the <br />15 agency.'s rules in order to define an acceptable existing <br />15 system. The local standards may include soil separation, soil <br />1^ classification, vegetation, system use, localized well placement <br />1® and construction, localized density of systems and wells, extent <br />1® of area to be covered by local standards, groundwater flow <br />20 gatterns, and existing natural or artificial drainage systems. <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />The local standards and criteria shall be submitted to the <br />commissioner for comment prior to adoption to demonstrate that, <br />based on local circumstances in that jurisdiction, they <br />adequately protect public health and the environment. <br />(NEW OR REPLACEMENT SYSTEMS.] Counties, after providing <br />documentation of conditions listed in this paragraph to the <br />22 commissioner, may adopt by ordinance local standards that are <br />28 less restrictive than the agency's rules for new aY<>t«.iii <br />construction or replacement in areas of sustained and nrn-)>rfAH <br />low population density where^conditions render conformanrA <br />2^ applicable requirements difficult or otherwise inappropriate. <br />32 <br />33 <br />34 <br />35 <br />36 <br />Documentation may include a map delineating the area of the <br />county to be served by the local standards, a deserinHnn of the <br />lordship that would result from strict adherence to the agency's <br />rules, and evidence of .sustained.and projected low popuiaHnn <br />density.—The local standards must protect human health and -the <br />Section 6 8 <br />I
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