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TO:Building & Zoning Department Staff <br />Ron Moorse, City Administrator <br />FROM:Michael P. Gaffron. Asst. Planning Zoning .Administrator <br />DATE:June 18, 1993 <br />SUBJECT: Background on Shoreland Septic Ordinances <br />List of Exhibits <br />A - Mandate to Adopt State Shoreland Rules - 2/8/90 <br />B - Excerpts from DNR "State-wide Standards" <br />C - Excerpts from DNR "Statement of Need and Reasonableness" <br />D - Excerpts from DNR Model Ordinance <br />E - Nonconformity Section of Orono ’s Shoreland Ordinance Adopted 2/24/92 <br />F - Excerpts from MPCA Chapter 7080 (Septic Standards) <br />G -Excerpts from Orono Septic Code <br />H - DNR Formal Approval of Orono Ordinance 5/25/93 <br />Summarv’ <br />The City was mandated by the legislature through the DNR to adopt Shoreland <br />Management Regulations consistent with state-wide rules. The City’s Lake Use Committee <br />reviewed the state-wide standards and the DNR’s model ordinance during 1991, and assisted <br />staff in drafting the City’s Shoreland Ordinance which was adopted February 24, 1992. After <br />an extendeo review process, the DNR in May 1993 formally approved Orono ’s Shoreland <br />Management controls as being substantially in compliance with the state rules. <br />Orono ’s Code Complies with State Septic Requirements <br />The "State-wide Standards" (Exhibit B) on page A-1.34, item D, require that local <br />governments develop and implement programs to identify and upgrade sewage systems that are <br />inconsistent with MPCA Chapter 7080. Tlie City program must require reconstruction of <br />existing nonconforming systems whenever a permit or variance is required for a property. The <br />program must include one of a number of proposed approaches to identify and upgrade <br />nonconforming or illegal systems. <br />The state-wide standards further require (on page A-1.48) that the City adopt ordinances <br />to require the upgrading or replacement of existing nonconforming systems, and again refer to <br />Chapter 7080 and define as "nonconforming" tho.se systems which are failing, cesspools, <br />leaching pits, seepage pits, deep disposal methods, or those not having the required separation <br />above ground water. <br />■fl