(Minnesota rules 7082.0100, subpart 3(K))
A. Permit Required: An operating permit is required for all treatment systems installed under Minnesota rules 7080.2290 (holding tanks), Minnesota rules 7080.2350 (type IV system), Minnesota rules 7080.2400 (type V system) and Minnesota rules chapter 7081 (MSTS). Sewage shall not be discharged to a treatment system requiring an operating permit until the department certifies that the treatment system was installed in substantial conformance with the approved plans, receives the final records drawings of the treatment system, and a valid operating permit is issued to the owner.
B. Application For Permit: Permit applications shall be submitted to the department on forms provided by the department. Applicants shall provide all information as required for the administration of this chapter.
C. Contents Of Permit Application: The permit application shall include the following:
1. The names, addresses, and telephone numbers of the applicant and permittee;
2. The construction permit reference number and date of issue;
3. The final record drawings of the treatment system; and
4. Owners of holding tanks must submit a copy of a valid executed monitoring and disposal contract with a licensed maintenance business.
D. Application Fee: The application fee, as set forth in the city fee schedule shall accompany the permit application.
E. Monitoring And Disposal Contract: Owners of holding tanks shall provide to the department a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business that guarantees the removal of the holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minnesota rules 7082.0100, subpart 3(G). The owner must hold a valid contract with a licensed maintenance business at all times until such time the holding tank is abandoned or the property sold. This contract requirement is waived if the owner is a farmer who is exempt from licensing under Minnesota statutes section 115.56, subdivision 2(b)(3), provided a written statement is first filed by the exempt owner with the department certifying an awareness of the state requirements for land application of septage and that said guidelines will be followed.
F. Application Review: The department shall review the application, the record drawings, operation and maintenance manual, management plan, maintenance and servicing contract, and any other pertinent documents as appropriate for accuracy and completeness. If any deficiencies are identified, the operating permit shall be denied until the deficiencies are corrected to the satisfaction of the department. If the submitted application and documents fulfill the requirements, the department shall issue an operating permit within ten (10) working days of receipt of the permit application.
G. Permit Terms And Conditions: The operating permit shall include the following:
1. System performance requirements;
2. System operating requirements;
3. Monitoring locations, procedures and recording requirements;
4. Maintenance requirements and schedules;
5. Compliance limits and boundaries;
6. Reporting requirements;
7. Department notification requirements for noncompliant conditions;
8. Valid contract between the owner and a licensed maintenance business;
9. Disclosure, location, and condition of acceptable soil treatment and dispersal system site; and
10. Descriptions of acceptable and prohibited discharges. (Minnesota rules 7082.0600, subpart 2(B))
H. Permit Expiration And Renewal:
1. The duration of the operating permit shall be for three (3) years. The permit shall be deemed revoked if the system becomes a failed subsurface sewage treatment system.
2. An operating permit must be renewed prior to its expiration. If not renewed, the department may require the system to be removed from service or operated as a holding tank until which time the permit is renewed. If not renewed within sixty (60) calendar days of the expiration date, the department may require that the system be abandoned.
3. The department shall notify the holder of an operating permit of the permit renewal requirement at least ninety (90) calendar days prior to expiration of the permit. The owner must apply for renewal at least thirty (30) calendar days before the permit expiration date.
4. Application for permit renewal shall be made on a form provided by the department including:
a. The names, addresses, and telephone numbers of the applicant and permittee;
b. Reference number of previous operating permit;
c. Any outstanding compliance monitoring reports as required by the operating permit;
d. Certified treatment system inspection signed and/or sealed by a certified designer, maintenance contractor, or operator at the discretion of the department;
e. Any revisions made to the operation and maintenance manual; and
f. Any applicable fees as set forth in the city fee schedule.
I. Permit Not Transferable: The operating permit may not be transferred. A new owner shall apply for an operating permit in accordance with this section. The department shall not terminate the current permit until sixty (60) calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner's application, the department may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee.
J. Compliance Monitoring:
1. Performance monitoring of an SSTS shall be performed by a licensed service provider hired by the holder of the operating permit in accordance with the monitoring frequency and parameters stipulated in the permit.
2. A monitoring report shall be prepared and certified by the licensed service provider. The report shall be submitted to the department on or before the compliance reporting date stipulated in the operating permit. The report shall contain a description of the maintenance and servicing activities performed since the last compliance monitoring report as described below:
a. Owner name and address;
b. Operating permit number;
c. Average daily flow since last compliance monitoring report;
d. Description of type of maintenance and date performed;
e. Description of sample taken (if required), analytical laboratory used, and results of analyses;
f. Problems noted with the system and actions proposed or taken to correct them; and
g. Name, signature, license and license number of the licensed professional who performed the work.
K. Initial Permits For Existing Systems: An operating permit is required for all existing holding tanks, and existing performance based treatment systems, including, but not limited to, systems having aerobic treatment tanks, and existing treatment systems with flows from five thousand (5,000) to ten thousand (10,000) gallons per day. Owners of such systems shall obtain initial operating permits no later than January 1, 2012; except that if an owner holds a valid operational permit for such a system that was issued prior to the adoption of this chapter, then the expiration date of the operational permit shall be the deadline for obtaining an initial operating permit.
L. Suspension Or Revocation: The department may suspend or revoke any operating permit issued under this section for any false statements, misrepresentations of facts on which the operating permit was issued, or violation of this chapter, or noncompliance with permit conditions, or system that is found to be an imminent threat to the environment or to the public health, safety or welfare. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the owner pursuant to section 8-5-11-7 of this chapter. If suspended or revoked, the department may require that the treatment system be removed from service, operated as a holding tank, or abandoned in accordance with section 8-5-8 of this chapter. At the department's discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions. (Ord. 1219, 10-25-2010)