(A) A sewage treatment system not meeting the requirements of § 152.042 of this chapter 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 non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.
(B) The governing body of the city has by formal resolution notified the Commissioner of its program to identify non-conforming sewage treatment systems. The city will require upgrading or replacement of any non-conforming system identified by this program within a reasonable period of time which will not exceed two years. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. Ch. 103G, 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 ground water than required by the State Pollution Control Agency’s Ch. 7080 for design of on-site sewage treatment systems, shall be considered non-conforming.
(2004 Code, § 152.058) (Ord. 92-56, passed 4-14-1992)