Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1. [Repealed, 13 SR 3029]
Subp.
2.
Water supply.
Any public or private supply of water for domestic purposes
must meet or exceed standards for water quality of the Minnesota Department of
Health and the Minnesota Pollution Control Agency.
Private wells must be located, constructed, maintained, and
sealed in accordance with or in a more thorough manner than the Water Well
Construction Code of the Minnesota Department of Health.
Subp. 3.
Sewage treatment.
Any premises used for human occupancy must be provided with
an adequate method of sewage treatment.
A. Publicly owned sewer systems must be used
where available.
B. All private
sewage treatment systems must meet or exceed applicable rules of the Minnesota
Department of Health, the Minnesota Pollution Control Agency, specifically
chapter 7080 for individual sewage treatment systems, and any applicable local
government standards.
C. On-site
sewage treatment systems must be set back from the ordinary high water level in
accordance with the following table:
Sewage Treatment System Setback Standards
| Class |
Setback from ordinary high water level (feet) |
| Natural environment |
150 |
| Recreational development |
75 |
| General development |
50 |
| Remote river segments |
150 |
| Forested river segments |
100 |
| Transition river segments |
100 |
| Agricultural river segments |
75 |
| Urban and tributary river segments |
75 |
D.
Local governments must develop and implement programs to identify and upgrade
sewage treatment systems that are inconsistent with the sewage treatment system
design criteria identified in item B, exclusive of the appropriate setback from
the ordinary high water level in item C. These programs must require
reconstruction of existing nonconforming sewage systems whenever a permit or
variance of any type is required for any improvement on, or use of, the
property, and must include at least one of the following approaches:
(1) a systematic review of existing records
to determine which systems in the jurisdiction are nonconforming and requiring
reconstruction when practicable;
(2) a systematic on-site inspection program
including all properties where adequate record of conformances does not exist,
identifying nonconforming or illegal systems and requiring reconstruction when
appropriate;
(3) a notification or
education program that is oriented toward convincing substantial numbers of
property owners to evaluate their sewage systems and voluntarily upgrade the
sewage treatment system, if nonconforming; or
(4) other programs found to be acceptable to
the commissioner.
