§ 53.070  NON-COMPLIANT SEPTIC SYSTEMS.
   (A)   The SSTS must be protective of public health and safety. A system that is not protective is considered an imminent threat to public health or safety (ITPHS). At a minimum, a system that is an imminent threat to public health or safety is a system with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, or storm water drains, or directly to surface water; systems that cause a reoccurring sewage backup into a dwelling or other establishment; systems with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance hole covers. A determination of protectiveness for other conditions must be made by a qualified employee or licensed inspection business. An SSTS that is determined to be an imminent threat to public health or safety shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this chapter within ten months of the issuance date of a notice of non-compliance. The city will give consideration to weather conditions as compliance dates are established.
   (B)   The SSTS must be protective of groundwater. A system that is not protective is considered a system failing to protect groundwater. At a minimum, a system that is failing to protect groundwater is a system that is a seepage pit, cesspool, drywell, leaching pit, or other pit; a system with less than the required vertical separation distance; and a system not abandoned in accordance with Minnesota Rules, Chapter 7080.2500. A determination of the threat to groundwater quality for other conditions must be made by a qualified employee or licensed inspection business. An SSTS that is determined not to be protective of groundwater shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this chapter within one year of the issuance date of a notice of non-compliance. The city will give consideration to weather conditions as compliance dates are established.
   (C)   The owner(s) shall submit to the city an acceptable replacement plan and apply for sewage permit within 20 days after notification by the city. The replacement plan shall identify the location and design of the SSTS and a schedule for its replacement. Failure to submit and execute an acceptable replacement plan is a violation of this chapter.
(Ord. 1, passed 3-25-2015)