(A) Sewage treatment systems not meeting the requirements of § 151.37 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 nonconforming 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 nonconforming sewage treatment systems. The city will require upgrading or replacement of any unconforming system identify by this program with in a reasonable period of time which will not exceed three (3) years. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 105.485, 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 Minnesota Pollution Control Agency's Chapter 7080 for design on-site sewage treatment systems, shall be considered nonconforming.
(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)