Ord #298 amending code pertaining chapter 58

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with this article and Minnesota Rules chapter 7080. The exception would be a new septic system installed within the previous five years or a compliance inspection performed by a licensed inspector within the previous three years. (2) The seller must provide a copy of the completed sewage system disclosure form and the certificate of compliance or notice of noncompliance to any person who signs a purchase agreement. The disclosure form and certificate of compliance or notice of noncompliance inspection form must be provided to the buyer prior to signing the purchase agreement. (3) The licensed inspector must submit a copy of the certificate of compliance or notice of noncompliance to the city within 15 days of the date of inspection. (4) If the existing system is found to be noncompliant out of complaince it must be brought into compliance prior to the transfer of the property. If the system is not brought into compliance prior to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (5) If the seller fails to provide a certificate of compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (6) The security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law or a federal or state chartered financial institution. The amount escrowed shall be equal to 150 percent of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount shall be equal to 110 percent of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a certificate of compliance issued, the City of Orono shall provide the escrow agent a copy of the certificate of compliance. (Ord. No. 212 3rd series, § 1, 8-13-2018) Sec. 58-72. Siting of an SSTS. Notwithstanding any state or federal requirements, the separation distance from an SSTS to a Type 3, 4, 5 or 6 wetland shall be no less than 50 feet. (1) SSTS in flood plains. No permit shall be issued for SSTS located in a floodway and wherever possible, location within any part of a floodplain should be avoided. If no option exists to locate a-an SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements of Minn. R. 7080.2270 and all relevant local requirements are met. (2) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells as defined in the Code of Federal Regulations, title 40, part 144, are required to submit SSTS inventory information to the United States Environmental Protection Agency and the MPCA. Owners are also required to identify all Class V injection wells in property transfer disclosures. Page 3 of 4