(A) A sewage treatment system not meeting the requirements of § 151.42 must be upgraded, at a minimum, at any time a permit or variance 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 nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.
(B) (1) The governing body has, by formal resolution, notified the Commissioner of its program to identify nonconforming sewage treatment systems.
(2) 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.
(3) 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, seepage pits or other deep disposal methods or systems with less soil treatment area separation above groundwater than required by Minn. Rules Chapter 7080 for on-site sewage treatment systems, shall be considered nonconforming.
(Ord. 180, passed 12-13-93)