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Effective April 28, 2015 Chapter Four Subsurface Sewage Treatment System Regulations be less than the required vertical separation between the system bottom and any limiting layer if all of the following can be verified in the historical permit record: (A) Complete soil testing, including soil borings and percolation tests were conducted at the time of the design and installation; (B) The soil observations are consistent with the Soil Survey; (C) The County verified that three feet of vertical separation existed at the time of installation by conducting verification soil observations and notes indicating such verification are present in the permit record; (D) The system was installed in the proper location where complete soil testing and the County's verification soil observation were conducted and approved; and (E) The system was installed at the maximum depth allowed by the permit. 4.4 Compliance criteria for systems with a flow of greater than 2,500 gallons per day. In addition to the requirements under Section 4.3, systems designed under Section 16.4 must demonstrate that the additional nutrient reduction component required under that section is in place and functioning. 4.5 Compliance criteria for systems receiving replacement components. Components of an existing system that result in the system being in noncompliance must be repaired or replaced according to this Chapter. The repaired or replaced components must meet the technical standards and criteria of this Chapter. The remaining components of the existing system must result in the system being in compliance with Section 4.3. If an existing sewage tank is to be used with the design of the new soil dispersal system, the tank must also be baffled, watertight, and the manhole cover brought to grade. 4.6 MSTS General. Newly constructed, replacement, or existing MSTS designed under this Chapter are considered conforming if they meet the requirements of this Chapter. Existing MSTS constructed before the effective date of this Chapter are considered conforming if they meet the requirements of this Section, except for Section 4.8 (4) and Section 4.8 (5). 4.7 Public health and safety; imminent threat. (1) To be in compliance, all MSTS must: (A) have treatment processes and devices that do not allow sewage or sewage effluent contact with humans, insects, or vermin; (B) disperse sewage effluent into soil or sand below final grade, with the effluent remaining below final grade; (C) not discharge to drainage tile, the ground surface, or surface water or back up sewage into dwellings or other establishments; (D) treat and disperse sewage effluent in a safe manner, including protection from physical injury and harm; and (E) not have received hazardous material. (2) MSTS must be considered an imminent threat to public health and safety for noncompliance with Section 4.7 (1) and any other condition that poses an imminent threat as determined by a qualified employee of the Department or licensed advanced inspection business. 4.8 Groundwater protection. To be in compliance, all MSTS must: (1) meet the requirements of Section 4.3 (4) (2) not be seepage pits, cesspools, drywells, leaching pits, sewage tanks, and treatment vessels that observably leak below the designated operating depth; (3) not allow viable fecal organisms to contaminate underground waters or zones of seasonal saturation; (4) employ nitrogen reduction processes that reduce nitrogen contribution to groundwater as determined in subitems (A) and (B): 24 Washington County Development Code