§ 152.058 NON-CONFORMING SEWAGE TREATMENT SYSTEMS.
   (A)   Upgrading. A sewage treatment system not meeting the requirements of § 152.041 must be upgraded, at a minimum, any time a permit ordinance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.
   (B)   Identifying.
      (1)   The City Council has by formal resolution notified the Commissioner that it has relinquished its oversight of on-site sewage treatment systems to the county. The city will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two years.
      (2)   Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 105.485, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the State Pollution Control Agency’s Chapter 7080, as it may be amended from time to time, for design on on-site sewage treatment systems, shall be considered non-conforming.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022)