(Minnesota rules 7082.0700)
A. Department Responsibility: It is the responsibility of the department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this chapter are met.
1. SSTS compliance inspections must be performed:
a. To ensure compliance with applicable requirements;
b. For all new SSTS construction or replacement; and
c. For an evaluation, investigation, inspection, recommendation, or other process used to prepare a disclosure statement if conducted by a party who is not the SSTS owner. Such an inspection constitutes a compliance inspection and shall be conducted in accordance with Minnesota rules 7082.0700 using the SSTS inspection report forms provided by the MPCA.
2. All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors.
3. The department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph, "property" does not include a residence or private building.
4. No person shall hinder or otherwise interfere with the department's employees or agents in the performance of their duties and responsibilities pursuant to this chapter. Refusal to allow reasonable access to the property by the department or its agent shall be deemed a violation of this chapter.
B. New Construction Or Replacement:
1. Compliance inspections must be performed on new or replacement SSTS to determine compliance with Minnesota rules chapters 7080 or 7081. SSTS found to be noncompliant with other applicable requirements must be repaired or replaced according to the department's requirements.
2. It is the duty of the permit holder or agent of the permit holder to notify the department at least one working day prior to any required inspection of work authorized by the construction permit. The work shall remain accessible and exposed until inspected and approved by the department. Inspections are required:
a. After ground surface preparation for a mound system, but prior to placing sand fill;
b. After all tanks, distribution media, piping, equipment and devices are in place, but prior to backfill;
c. For building sewer inspection and testing in accordance with Minnesota rules, parts 4715.2800 and 4715.2820;
d. Final inspection after all work is complete including final grading and erosion protection; and
e. As may otherwise be required by the department to ascertain compliance with the provisions of this chapter and other laws enforced by the department.
3. A certificate of compliance for new SSTS construction or replacement shall be issued by the department if the department has reasonable assurance that the SSTS was built in accordance with the applicable requirements as specified in the construction permit.
4. The department, upon notification, shall make the requested inspections and shall either indicate the portion of the work that is satisfactory as completed, or notify the permit holder or the agent of the permit holder wherein the same fails to comply with this chapter.
5. No SSTS may be placed into operation until a valid certificate of compliance has been issued.
6. Certificates of compliance for new construction or replacement shall remain valid for five (5) years from the date of issue unless the department finds evidence of an imminent threat to public health or safety requiring removal and abatement under Minnesota statutes section 145A.04, subdivision 8.
C. Existing Systems:
1. Compliance inspections shall be required when any of the following conditions occur:
a. When a construction permit is required to repair, modify, or upgrade an existing system;
b. Anytime there is an expansion of use of the building being served by an existing SSTS which may impact the performance of the system;
c. Anytime there is a change in the use of the property being served by an existing SSTS which may impact the performance of the system;
d. When an operating permit is to be renewed;
e. Prior to the sale or transfer of real property served by an existing SSTS if required by subsection D1a of this section;
f. During systematic shoreland or area wide SSTS surveys by the department;
g. At any time as required by this chapter or the department deems appropriate such as upon receipt of a complaint or other notice of system malfunction; and
h. Prior to the issuance of a building permit or variance for a bedroom addition on property served by an existing system; unless temporarily waived by the department for a bedroom addition permit for which the application is filed during the period from November 1 to April 30, provided a compliance inspection is performed by the following June 1 and the applicant submits a certificate of compliance by the following September 30. (Ord. 1219, 10-25-2010)
2. Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by the MPCA. An inspection for existing SSTS must verify the conditions in subsections C2a through C2c of this section. (Ord. 1262, 4-8-2013)
a. Sewage tanks must be assessed for leakage below the operating depth. A leakage report must be completed that includes the method(s) used to make the assessment. The assessment must be made by a licensed SSTS business (except a design business) hired by the system owner. A passing report is valid for three (3) years unless the certified individual has reason to believe that a new inspection is to be conducted and the tank is found not to be watertight.
b. The vertical separation distance from the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock. This verification must be achieved by either conducting soil borings or by prior verifications by two (2) independent parties. The soil borings used for system design or previous inspections qualifies as a verification. A vertical separation distance report must be completed that includes the method(s) used to make the assessment and includes any previous soil borings. The assessment must be made by a licensed SSTS business hired by the system owner. If the verification separation report consists of verifications by two (2) independent parties, a subsequent verification is not required unless the inspector has reason to believe a noncompliant condition exists.
If a documented discrepancy arises on the depth of the periodically saturated soil between licensed businesses or between a licensed business and the department for SSTS compliance purposes, all disputing parties must follow the dispute resolution procedure described in Minnesota rules 7082.0700, subpart 5. (Minnesota rules 7082.0100, subpart 3(N))
c. Sewage backup, surface seeping or surface discharge from the system must be determined. A hydraulic function report must be completed that includes the method(s) used to make the assessment. The assessment must be made by a licensed inspection business hired by the system owner. A passing report is valid until a new inspection is requested or if the hydraulic performance is believed to have changed.
3. A certificate of compliance shall be based on the results of the verifications in subsection C2 of this section. The certificate of compliance must include a certified statement by a licensed inspection business whether the SSTS is in compliance with the chapter requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must include a statement specifying those chapter provisions with which the SSTS does not comply. A construction permit application must be submitted to the department if the required corrective action is not a minor repair.
4. The certificate of compliance or notice of noncompliance must be submitted to the department and the property owner or owner's agent no later than fifteen (15) calendar days after the date the inspection was performed. The department shall deliver the certificate of compliance or notice of noncompliance to the owner or the owner's agent within fifteen (15) calendar days of receipt from the licensed inspection business.
5. Certificates of compliance for existing SSTS shall remain valid for three (3) years from the date of issue unless the department finds evidence of an imminent threat to public safety requiring removal and abatement under Minnesota statutes section 145A.04, subdivision 8.
6. The department may waive a compliance inspection required by subsection C1 of this section if:
a. The owner of the real property served by an existing SSTS acknowledges in writing to the department that the existing SSTS is failing and shall be upgraded, repaired, replaced or abandoned in accordance with this chapter within ten (10) months; or
b. The owner of the real property served by an existing SSTS acknowledges in writing to the department that the existing SSTS is an imminent threat to public health or safety and shall be upgraded, repaired, replaced or abandoned in accordance with this chapter within thirty (30) days.
D. Property Transfer/Sale Requirements:
1. No owner or other person acting with legal authority on behalf of an owner of real property served by an existing SSTS may sell or transfer to another party said real property unless the following requirements are met:
a. A compliance inspection has been performed and a certificate of compliance has been issued for the SSTS within three (3) years if the SSTS is older than five (5) years or within five (5) years if the SSTS is less than five (5) years old prior to the intended date of sale or transfer of the real property, unless evidence is found identifying an imminent threat to public health and safety. If this requirement cannot be met, a compliance inspection must be conducted in accordance with subsection C of this section.
b. The compliance inspection must have been performed following the procedures described in subsection C of this section by the licensed inspection business hired by the system owner.
c. The seller/transferor of the real property must provide the disclosure required by Minnesota statutes section 115.55, subdivision 6.
d. If the seller/transferor fails to provide a certificate of compliance, the seller/transferor shall provide the buyer/transferee sufficient security in the form of an escrow agreement to assure the installation of a complying SSTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney, or federal or state chartered financial institution. The amount escrowed shall be equal to one hundred twenty five percent (125%) of a written estimate to install a complying SSTS provided by a licensed and certified installer, or the amount escrowed shall be equal to one hundred ten percent (110%) of the written contract price for the installation of a complying SSTS provided by a licensed and certified installer. After a complying SSTS has been installed and a certificate of compliance issued, the seller/transferor or the buyer/transferee shall provide the escrow agent a copy of the certificate of compliance.
2. The compliance portion of the certificate of compliance need not be completed if the sale or transfer involves the following circumstances:
a. The affected real property is without buildings or contains no dwellings or other buildings with plumbing fixtures.
b. The transfer is a tax forfeiture.
c. The sale or transfer completes a contract for deed or purchase agreement entered into prior to the effective date of this chapter. This subsection applies only to the original vendor and vendee on such contract.
3. All real property sales or transfers subject to this chapter occurring during the period between November 15 and April 15 when SSTS compliance cannot be determined due to frozen soil conditions shall require a winter agreement, which includes an application for an SSTS permit and an agreement to complete a compliance inspection by the following June 1 by a licensed inspection business. If upon inspection the SSTS is found to be in compliance, the permit fee will be refunded. If upon inspection the system is found to be noncompliant, an escrow agreement must be established in accordance with subsection D1d of this section and the system upgraded.
4. The responsibility for filing the completed compliance portion of the certificate of compliance under subsection D1 of this section or for upgrading a system found to be noncompliant shall be determined by the seller/transferor and the buyer/transferee. The seller/transferor and the buyer/transferee shall provide the department with a signed statement indicating responsibility for completing the compliance portion of the certificate of compliance and for upgrading a system found to be noncompliant.
5. The issuance of permits, certificates of compliance or notices of noncompliance as requested or issued shall not be construed to represent a guarantee or warranty of the system's operation or effectiveness. Such certificates signify that the system in question is or has been designed and installed in compliance or noncompliance with the provisions of this chapter.
E. Conflict Of Interest: A licensed inspection business that inspects an existing SSTS is allowed to subsequently design and install a new SSTS for that property provided the inspection business is also licensed to design and install. A licensed inspection business working on behalf of a municipality must not design or install a system if there is likelihood that the inspector or business will be responsible for permitting or inspecting the system or system site. A person working for or on behalf of a municipality shall not use the person's position to solicit for private business gain. (Minnesota rules 7082.0700, subpart 2(B)) (Ord. 1219, 10-25-2010)