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03-11-2024 CC Agenda Packet
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03-11-2024 CC Agenda Packet
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3/12/2024 10:00:21 AM
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Page 3 of 4 <br /> <br />with this article and Minnesota Rules chapter 7080. The exception would be a new <br />septic system installed within the previous five years or a compliance inspection <br />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 <br />the certificate of compliance or notice of noncompliance to any person who signs a <br />purchase agreement. The disclosure form and certificate of compliance or notice of <br />noncompliance inspection form must be provided to the buyer prior to signing the <br />purchase agreement. <br />(3) The licensed inspector must submit a copy of the certificate of compliance or notice of <br />noncompliance to the city within 15 days of the date of inspection. <br />(4) If the existing system is found to be noncompliant out of complaince it must be <br />brought into compliance prior to the transfer of the property. If the system is not <br />brought into compliance prior to transfer, the seller shall provide the buyer sufficient <br />security in the form of an escrow agreement to assure the installation of a complying <br />ISTS. <br />(5) If the seller fails to provide a certificate of compliance, the seller shall provide the <br />buyer sufficient security in the form of an escrow agreement to assure the installation <br />of a complying ISTS. <br />(6) The security shall be placed in an escrow with a licensed real estate closer, licensed <br />attorney-at-law or a federal or state chartered financial institution. The amount <br />escrowed shall be equal to 150 percent of a written estimate to install a complying <br />ISTS provided by a licensed and certified installer, or the amount shall be equal to 110 <br />percent of the written contract price for the installation of a complying ISTS provided <br />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 <br />copy of the 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 <br />a Type 3, 4, 5 or 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 <br />wherever possible, location within any part of a floodplain should be avoided. If no <br />option exists to locate a an SSTS outside of a floodplain, location within the flood <br />fringe is allowed if the requirements of Minn. R. 7080.2270 and all relevant local <br />requirements are met. <br />(2) Class V injection wells. All owners of new or replacement SSTS that are considered to <br />be Class V injection wells as defined in the Code of Federal Regulations, title 40, part <br />144, are required to submit SSTS inventory information to the United States <br />Environmental Protection Agency and the MPCA. Owners are also required to identify <br />all Class V injection wells in property transfer disclosures. <br />84
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