(A) Systems utilizing innovative techniques or methods may be considered for new or existing development under the following conditions:
(1) The permit for experimental systems shall be recorded in the Washington County Recorder/Registrar of Titles office setting forth the fact this is an experimental system, including the details of the performance monitoring, mitigation plan, and mitigation cost agreement.
(2) Reasonable assurance of performance of the system is presented to the permitting authority.
(3) The system being proposed is supported by engineering data and approved by the permitting authority.
(4) The system is in compliance with Minnesota Pollution Control Agency Rules.
(5) Experimental systems will not be allowed in areas where a new system or modifications to a new system are not feasible if failure occurs; adequate area for long-term sewage treatment by suitable soils, as required for standard systems, is defined and reserved on the site. For the purposes of this section, long-term sewage treatment is considered space for 2 standard on-site soil treatment systems.
(6) Performance monitoring of the system, including but not limited to water use metering, effluent quality and system inspection and maintenance, as defined by the permitting authority is provided.
(7) A mitigative plan must be provided to deal with possible system failure. The plan must include the planned corrections and/or replacement, an agreement among the parties clarifying who will pay the cost of mitigation, and a statement of indemnification holding the city harmless from any damages arising out of a system failure.
(Prior Code, Ch. 506 § 16.1)
(B) Failure of an experimental system to function or to properly treat waste to a standard equivalent to a standard drainfield system will require discontinuation of use of the experimental system until modifications can be made or the system replaced with a standard system.
(Prior Code, Ch. 506 § 16.2)
(C) Proposed experimental systems which do not provide the 3 feet minimum separation must obtain a variance from the Minnesota Pollution Control Agency as specified in Minn. Rules 7080.0305, Subp. 3, as it may be amended from time to time.
(Prior Code, Ch. 506 § 16.3)