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b. A failing system, an SSTS that is not protective of groundwater in accordance with <br />Minnesota Rules, Chapter 7080.1500 subp. 4.B shall be brought into compliance by <br />means of upgrade, repair, replacement, or abandonment within six months after <br />receiving notice from the Building Official, <br />c. An SSTS discharging raw or partially treated wastewater to ground surface or <br />surface water is prohibited unless permitted under the National Pollution <br />Discharge Elimination System. <br />11. Conflict Resolution: Disputes involving documented discrepancies on the depth of the <br />periodically saturated soil for SSTS design or compliance purposes shall be resolved <br />according to Minnesota Rules, Chapter 7080.0700 subp. 5 by obtaining a judgement <br />from a qualified employee of the local permitting authority. <br />12. Septic Tank Maintenance: The owner of a sewage tank, or tanks, shall regularly, but <br />not less frequently than every three years (unless otherwise approved by the <br />Department due to limited use), inspect the tank(s) and measure the accumulations of <br />sludge and scum. If the system is pumped, measurement is not needed. The owner <br />shall remove and sanitarily dispose of septage whenever the top of the sludge laver is <br />less than twelve (12) inches below the bottom of the outlet baffle or the bottom of the <br />scum layer is less than three (3) Inches above the bottom of the outlet baffle. Removal <br />of septage shall include complete removal of scum and sludge. <br />13. Non -Complying Systems: Existing systems which are non -complying, but not an <br />imminent health or safety threat, failing, or discharging to surface, may continue in use <br />so long as the use is not changed or expanded. If the use changes or is expanded, the <br />non -conforming elements of the existing system must be brought into compliance. <br />14. Non -Complying Work: New individual sewage treatment system construction that is <br />non-compliant, or other work on a system that is non -complying, must be brought into <br />compliance with this Ordinance in accordance with a schedule established by the <br />Department, which schedule shall not exceed seven dans unless the Department finds <br />extenuating circumstances. <br />15. Floodplain: An SSTS shall not be located in a floodway or floodplain. Location within <br />the flood fringe Is permitted provided that the design complies with this Ordinance and <br />all of the rules and statutes Incorporated by reference. <br />16. Class V Infection Wells: All owners of new or replacement SSTS that are considered to <br />be Class V infection wells, as defined in the Code of Federal Regulations, title 40, part <br />205-18 <br />