(A) This chapter shall apply and be in effect in all areas of the city which has adopted ordinances that comply with M.S. § 115.55, as it may be amended from time to time, and are as strict as this chapter. The City Building Department shall be the Administrator of these regulations.
(1) The Department or its agent shall be qualified and certified by the Minnesota Pollution Control Agency as competent in the design, evaluation, and inspection of individual sewage treatment systems.
(2) If the Department finds that, by reason of exceptional circumstances, the strict enforcement of any provisions of this chapter would cause undue hardship or that strict conformity with the standard would be unreasonable, impractical, or not feasible under the circumstances, the Department may permit modifications in individual cases based on conditions it may prescribe for prevention, control, or abatement of pollution.
(3) Consistent with city regulations, the Lakeland Planning Commission/City Council shall hear and decide appeals of any order, decision, or determination made by the Department regarding the enforcement of this chapter. Appeals of any administrative decisions or determination may be filed by any person.
(4) Consistent with city regulations, the Lakeland Planning Commission/City Council shall hear and decide all requests for variance to the requirements of this chapter. Pursuant to Minn. Rules 7080.0305, as it may be amended from time to time, variance to decrease the 3-foot to vertical separation required beneath the distribution medium and the saturated soil to bedrock must be approved by the Commissioner of the Minnesota Pollution Control Agency in accordance with Minn. Rules 7080.0030, Subp. 3, as it may be amended from time to time.
(Prior Code, Ch. 506 § 3.1)
(B) The standards in this chapter are not intended to cover water systems treating industrial or animal waste or other waste that may contain hazardous materials.
(Prior Code, Ch. 506 § 3.2)
(C) All individual sewage treatment system installed subsequent to the adoption of this chapter and all alterations, extensions, modifications, or repairs to existing systems irrespective of the date of original installation shall be regulated in accordance with all requirements of this chapter.
(Prior Code, Ch. 506 § 3.3)
(D) Any existing system which is a cesspool or leaching pit or which shows evidence of sewage discharge to surface water, sewage discharge to ground surface, sewage backup, or any other situation with the potential to immediately and adversely affect or threaten public health or safety is hereby declared to be a public health nuisance and shall be considered an imminent threat to public health and safety and shall be repaired, upgraded, replaced, or its use discontinued within 30 days of notice and order to comply by the Department. Any further discharge of effluent must be stopped immediately (by such methods as reducing or stopping all water use or pumping the tank as necessary) until such time as the system is corrected.
(Prior Code, Ch. 506 § 3.4)
(E) Any individual sewage treatment system or component thereof, irrespective of the date of original installation, which is not located, constructed, installed, or maintained in accordance with the provisions of this chapter shall be replaced or otherwise brought into compliance within 90 days of notice and order to comply by the Department. An existing system that is not otherwise considered an imminent threat to public health and which was constructed under a permit need not be upgraded, repaired, replaced, or its use discontinued notwithstanding the fact that, at the time of a compliance inspection, there appears to be less than the required 3-foot separation between the system bottom and mottled soil.
(Prior Code, Ch. 506 § 3.5)
(F) Individual sewage treatment systems serving other establishments or facilities licensed or otherwise regulated by the city shall conform to the requirements of this chapter.
(Prior Code, Ch. 506 § 3.6)
(G) Industrial wastewater systems and individual sewage treatment system serving more than 20 persons (1,200 gallons per day) are regulated by the State Environmental Protection Agency as Class V. injection wells under C.F.R. Title 40 Part 144.
(Prior Code, Ch. 506 § 3.7)
(H) When a single individual sewage treatment system, or group of individual sewage treatment systems, is located on adjacent properties and under single ownership, the owner or owners shall make application for and obtain a state disposal system permit from Minnesota Pollution Control Agency if the individual sewage treatment system or group of systems is designed to treat an average design flow greater than 10,000 gallons per day.
(Prior Code, Ch. 506 § 3.8)
(I) Any new or existing system which discharges to surface waters or the ground surface must obtain either an NPDES or an SDS permit from the Minnesota Pollution Control Agency and shall comply with all NPDES or SDS requirements.
(Prior Code, Ch. 506 § 3.9)
(J) Any individual sewage treatment system requiring approval of the State of Minnesota shall also comply with this chapter and all local codes and ordinances.
(Prior Code, Ch. 506 § 3.10)
(K) Where work requiring a permit under this chapter has commenced without first having obtained a permit, work shall be ordered to stop until all permit requirements have been met and a permit for installation of a system has been approved.
(Prior Code, Ch. 506 § 3.11)
(L) To enforce this chapter, the Department or its authorized agent may enter a building, property, or a place where there is reason to suspect a system is failing to properly treat or dispose of sewage.
(Prior Code, Ch. 506 § 3.12)
(M) Fees for permits, inspections, or other services rendered under this chapter shall be established by the City Council.
(Prior Code, Ch. 506 § 3.13)