(A) This chapter shall apply and be in effect in all areas in Washington County other than cities and towns that have adopted ordinances that comply with M.S. § 115.55, Minn. Rules Chapter 7082, and are as strict as this Chapter. Pursuant to Chapter One, the Washington County Department of Public Health and Environment shall be the Administrator of these regulations.
(B) SSTS must be designed, constructed, and operated according to this chapter, except as modified through a local ordinance in compliance with Minn. Rules Chapter 7082, M.S. § 115.55. and this chapter.
(C) SSTS, including both ISTS and MSTS, must be designed, installed, inspected, pumped, serviced, and operated by licensed businesses and Certified individuals meeting the qualifications in Minn. Rules 7083.0700 to 7083.2040 and any other applicable state or local requirements.
(D) SSTS that are designed to receive Sewage or nonsewage from a two family Dwelling or greater or receive Sewage or nonsewage from another Establishment that serves more than 20 persons per day, are regulated by the United States Environmental Protection Agency as Class V injection wells under Code of Federal Regulations, title 40. parts 144 and 146. Code of Federal Regulations, title 40, parts 144 and 146, present additional design regulations applicable to certain systems designed under this chapter. In addition, single family Dwellings that receive nonsewage wastewater are regulated by these federal regulations. All systems that receive Hazardous Wastes are regulated by the Unites States Environmental Protection Agency as Class IV injection wells. Disposal of Hazardous Waste must be according to state and federal regulations. The Owner or Owner's agent of a new or Replacement system classified as a Class V injection wells shall submit to the commissioner of the MPCA and the United States Environmental Protection Agency the inventory information specified in Code of Federal Regulations, title 40, § 144.26. All Class V injection wells must be identified as such in property transfer disclosures.
(E) 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 standards would 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. The Department or local unit of government cannot issue variances for § 52.04(A), (G), (I), (J), and § 52.16 (a) through (D). The Department or local unit of government can grant a variance for § 52.04(I)(4)(a) for Replacement MSTS serving existing Dwellings or Other Establishments.
(F) Consistent with the procedures in Chapter One, Section 6,1(1), the Washington County Board of Adjustment and Appeals 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 decision or determination may be filed by any person, county Department, or township.
(G) Consistent with the procedures in Chapter One, Section 6.1 (2), the Washington County Board of Adjustment and Appeals shall hear and decide all requests for variance to the requirements of this chapter.
(H) All subsurface Sewage treatment systems 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.
(I) All MSTS must be designed and operated according to this chapter. All MSTS must be designed, install' inspected, pumped, and operated by licensed businesses meeting the qualifications of Minn. Rules Chapter 7083. All MSTS must conform to applicable state statutes and rules. All Septage generated from MSTS must be treated and dispersed to applicable standards for Septage in Code of Federal Regulations, title 40, part 503, and any local requirements.
(J) 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 MPCA and shall comply with all NPDES or SDS requirements.
(K) MSTS must conform to all applicable state statutes and rules. MSTS serving establishments licensed or regulated by the State of Minnesota, or MSTS owned by the State of Minnesota, must conform to this chapter.
(L) Any SSTS requiring approval from the State of Minnesota shall also comply with all requirements of this chapter, and all local codes and ordinances.
(M) Where work requiring a Permit under this chapter has commenced without first having obtained such Permit, work shall be ordered to stop by the Department until all required Permits have been approved and issued.
(N) To enforce this chapter, the Department or its authorized agent may enter a Building, property, or a place where there is reason to suspect that a system is failing to protect groundwater or an imminent threat to public health and safety.
(O) Fees for Permits, operating Permits, inspections, or other services rendered under this chapter shall be established by the Washington County Board of Commissioners.