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PUBLIC PROTECTION
<br />establishment as defined under Minn. R.
<br />7080.1100, subp. 84 must have a three-foot
<br />vertical separation between the bottom soil
<br />infiltrative surface and the periodically saturated
<br />soil and/or bedrock. Unless otherwise determined
<br />by the health authority, existing systems that
<br />have no more than a 15 percent reduction to the
<br />minimum required 36 inch separation distance
<br />are considered compliant. (i.e., a separation
<br />distance no less than 30.6 inches). This reduc-
<br />tion is to account for settling of sand or soil,
<br />normal variation of separation distance measure-
<br />ments and interpretation of limiting layer
<br />characteristics. The vertical separation measure-
<br />ment shall be made outside the area of system
<br />influence in an area of similar soil.
<br />(b) SSTS built after March 31, 1996 located
<br />outside shoreland, wellhead protection, or serv-
<br />ing food, beverage, or lodging establishments as
<br />§ 5.24.440
<br />defined under Minn. R. 7080.1100, subp. 84,
<br />must have at least three feet of vertical separa-
<br />tion.
<br />(c) SSTS built before April 1, 1996, in areas
<br />that are not shoreland, wellhead protection, or
<br />serving food, beverage, or lodging establish-
<br />ments SWF areas as defined under Minn. R.
<br />7080.1100, subp. 84, must have at least two feet
<br />of vertical separation.
<br />(d) SSTS built before April 1, 1996, in areas
<br />that are within shoreland, wellhead protection
<br />areas, or serving food, beverage, or lodging
<br />establishments as defined under Minn. R.
<br />7080.1100, subp. 84, must have at least three
<br />feet of vertical separation.
<br />Table 1. Vertical Separation Summarized
<br />Within Shoreland, Well
<br />Outside Shoreland, Well
<br />Protection, or Food, Beverage, or
<br />Protection, or Not in Food,
<br />Lodging
<br />Beverage, or Lodging
<br />Built before April 1, 1996
<br />3 feet separation, minimum
<br />2 feet separation, minimum
<br />Built after March 31, 1996
<br />3 feet separation, minimum
<br />3 feet separation, minimum
<br />(Code 2003, § 58-65; Ord. No. 212(3rd series), § 1, 8-13-2018)
<br />Sec. 5.24.440. Inspection reports.
<br />upgraded, replaced, or repaired in
<br />A copy of the certificate of compliance or
<br />accordance with Minn. R. ch. 7080
<br />notice of noncompliance resulting from a compli-
<br />or 7081, within three years, or its
<br />ance inspection shall be provided to the property
<br />use is discontinued. The health
<br />owner and the health authority within 30 calendar
<br />authority, at its discretion, may grant
<br />days of inspection.
<br />an extension of an additional two
<br />(1) Certificates of compliance issued by a
<br />years.
<br />licensed ISTS inspector for an existing
<br />system shall be valid for three years from
<br />b. An SSTS posing an imminent threat
<br />the date of the compliance inspection
<br />to public health and safety shall be
<br />unless the health authority or licensed
<br />upgraded, replaced or repaired
<br />inspector identifies the system as an
<br />within ten months. The health
<br />imminent threat to public health and
<br />authority will give consideration to
<br />safety.
<br />weather conditions in determining
<br />(2) A notice of noncompliance shall be issued
<br />compliance dates. If an SSTS is
<br />in the following circumstances and the
<br />determined to be a public health
<br />conditions noted in violation of this article
<br />nuisance by the health authority,
<br />shall be remedied as follows:
<br />the health authority may order the
<br />a. An SSTS determined to be failing to
<br />owner of the SSTS to cease use
<br />protect groundwater shall be
<br />immediately and not allow use of
<br />CD5:39
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