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Sec. 58-71. Property transaction standards for individual sewage treatment systems. <br />(a) No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure which <br />is required to have an individual sewage treatment system is located, shall sell or transfer to another party <br />said tract of land, unless the following requirements are met: <br />(1) The seller of any property having an individual sewage treatment system shall have a state licensed <br />inspector complete the Minnesota Pollution Control Agency (MPCA) sewage system compliance <br />inspection form for existing sewage systems in accordance with this article and Minnesota Rules <br />chapter 7080. The exception would be a new septic system installed within the previous five years or a <br />compliance inspection performed by a licensed inspector within the previous three years. <br />(2) The seller must provide a copy of the completed sewage system disclosure form and the certificate of <br />compliance or notice ofnon-compliance to any person who signs a purchase agreement. The disclosure <br />form and certificate of compliance or notice ofnon-compliance inspection form must be provided to <br />the buyer prior to signing the purchase agreement. <br />(3) The licensed inspector must submit a copy of the certificate of compliance or notice ofnon-compliance <br />to the city within 15 days of the date of inspection. <br />(4) If the existing system is found to be�r�t noncompliant^� �� ^F ^^m^'"�^� it must be brought <br />into compliance prior to the transfer of the property. If the system is not brought into compliance prior <br />to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agreement to <br />assure the installation of a complying ISTS. <br />(5) If the seller fails to provide a certificate of compliance, the seller shall provide the buyer sufficient <br />security in the form of an escrow agreement to assure the installation of a complying ISTS. <br />(6) The security shall be placed in an escrow with a licensed real estate closer, licensed attorney -at -law or <br />a federal or state chartered financial institution. The amount escrowed shall be equal to 150 percent of <br />a written estimate to install a complying ISTS provided by a licensed and certified installer, or the <br />amount shall be equal to 110 percent of the written contract price for the installation of a complying <br />ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a <br />certificate of compliance issued, the City of Orono shall provide the escrow agent a copy of the <br />certificate of compliance. <br />(Ord. No. 212 3rd series, § 1, 8-13-2018) <br />Sec. 58-72. Siting of an SSTS. <br />Notwithstanding any state or federal requirements, the separation distance from an SSTS to a Type 3, 4, 5 or <br />6 wetland shall be no less than 50 feet. <br />(1) SSTS in flood plains. No permit shall be issued for SSTS located in a floodway and wherever possible, <br />location within any part of a floodplain should be avoided. If no option exists to locate a -an SSTS <br />outside of a floodplain, location within the flood fringe is allowed if the requirements of Minn. R. <br />7080.2270 and all relevant local requirements are met. <br />(2) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V <br />injection wells as defined in the Code of Federal Regulations, title 40, part 144, are required to submit <br />SSTS inventory information to the United States Environmental Protection Agency and the MPCA. <br />Owners are also required to identify all Class V injection wells in property transfer disclosures. <br />(Supp. No. 20, Update 2) <br />Page 1 of 2 <br />Created: 2022-07-19 16:12:42 [E5T] <br />35 <br />