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05-13-1996 Council Packet
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05-13-1996 Council Packet
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MEETING <br />REQUEST FOR COUNCIL ACTION ^MY I3 1996 <br />9.1996 <br />ITEM No.- <br />Department Approval: <br />Name: Michael P. Gaffron <br />Title: Asit. Planning & Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description; Municipal Code Amendment: On-Site Sewage Treatment Systems Ordinance <br />List of Exhibits: <br />Exhibit A - MPG Memo 4/18/96 (Included as information with 4/22/96 Council packet) <br />Exhibit B - Ordinance <br />Exhibit C - Steve Weekman Memo 5/9/96 <br />Exhibit D - Abridged Version For Publication <br />As noted in Exhibit A, the MPCA has revised the Minnesota On-Site System Rules, Chapter 7080. <br />The attached ordinance amends Orono Code Section 12.30, "On-Site Sewage Treatment" to be <br />con sistent with the State Regulations, and deletes Sections 5.37 and 5.38, since cities can no longer <br />license septic installers and site evaluators. <br />The Ordinance also clarifies w hen systems must be inspected, repaired, or alternate sites designated <br />in relation to proposed property improvements. Further, it defines rdditional requirements for <br />maintenance pumping, requiring pumpers to report on tank conformity. Because the State now <br />considers non-sealed (leaky)septic tanks as non-confonning, their condition must be observed at the <br />time they are being pumped out. This is most efficiently done by licen.sed pumpers when they are <br />on the site. <br />S'Year Repair Deadline for Non-Shoreland Areas <br />Finally, the Ordinance establishes a period of 5 years for completion of repairs to non-Shoreland <br />systems found to be non-conforming due only to lack of 3-foot separation. Council may recall that <br />prior to 1993, Orono Code required all non-conforming systems to be upgraded within one year. In <br />1993, Council revised this to allow tw o years (two full construction seasons) for upgrade of systems <br />not meeting the 3’ separation. This 2-year allowance fits w ithin general guidelines set by the DNR <br />for Shoreland areas. <br />During 1993-95 staff identified approximately 150-200 non-conforming systems within the <br />Shoreland district, the majority of which are not in potential sewer areas, and which are subject to <br />the 2-year repair deadline. Conformity inspections have not yet begun in the non-Shoreland areas. <br />Given the staffing and contractor difficulties associated with accomplishing so many repairs in such <br />a short time, it will likely take up to five years to finish upgrading the Shoreland systems. <br />It could be argued, therefore, that Orono should delay identification of non-conforming systems <br />outside the Shoreland areas, until all the Shoreland systems (which have a greater impact on water <br />quality than non-Shoreland systems) have been upgraded. However, there are a number of factors <br />which suggest this is not appropriate:
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