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February 20, 2003 <br /> Mr. and Mrs. Olgerts Vijums <br /> 6566 France Avenue South <br /> Edina, MN 55435 <br /> Re: Cullen Lake Property <br /> Failing Sewage Treatment System <br /> Dear Mr. and Mrs. Vijums, <br /> I have been informed that you have some questions about the status of your on-site <br /> sewage treatment system. Our Staff has notified me that you do not believe that your <br /> system is failing and that the inspection was done without authorization. <br /> At this time we are sending you copies of letters that were sent to you regarding this <br /> project and a copy of the authorization form that you signed allowing the inspection. In <br /> your authorization form, you indicated that you would mark the location of the tank after <br /> June 1 of last year. <br /> The inspection that was done did show that your system was non-conforming. I do not <br /> believe it was deemed an imminent health threat, in which case we would be taking more <br /> aggressive action. There are many things that make a sewage treatment system non- <br /> conforming and thus failing. Chapter 7080 of the State of Minnesota Rules outline those <br /> things. Typically older systems (systems installed prior to 1991)will be failing because <br /> of a number of design criteria. Essentially, as our knowledge of the impact of <br /> wastewaters systems on lake water quality increase, the State of Minnesota increases the <br /> minimum standards for design. This may be why your system was deemed failing. <br /> To correct a common misperception, you should know that the amount of flow is not <br /> going to be the sole factor in determining failure of a system. In fact, to operate <br /> correctly, a system needs to be used routinely so that biological material has a chance to <br /> establish in the drainfield, which is where much of the treatment in the system occurs. A <br /> system used only once or twice a year could be found to be conforming yet pollute the <br /> entire time it is used. It is a design characteristic the on-site industry has not completely <br /> addressed. <br /> At this point, as the local governmental unit responsible for implementing Chapter 7080, <br /> we have an obligation to make sure that you install a conforming system. This needs to <br /> be done during the upcoming construction season. That means you are going to need to <br /> hire a licensed designer to do a field evaluation and design you a new system. The <br /> designer may be able to use components of your old system, and so you don't necessarily <br /> have to start again from scratch. You will then need to apply for an ISTS permit with the <br />