(A) Inspections as required to determine compliance with this chapter shall be performed by the Department or its authorized agent under the following circumstances:
(1) Site inspections to verify and evaluate soil and site conditions and to determine the suitability of soils and system design prior to permit issuance.
(2) Necessary investigation to determine compliance of existing systems at the time of remodeling, alteration or additions.
(3) For all new SSTS construction or replacement.
(4) Mound systems require a minimum of three construction inspections:
(a) When the original soil under the mound has been roughened, but prior to placement of the sand fill. Enough of the proposed sand fill must be present to be viewed.
(b) After placement of rock and piping, but prior to cover.
(c) When the mound is completed.
(B) Installation inspections shall be made by the Department prior to any work having been covered by backfill.
(C) The licensed installation business shall be responsible to notify the Department a minimum of 24 hours prior to the time work is ready for inspection or reinspection.
(D) Work which is backfilled prior to a required inspection may be ordered to be uncovered whenever necessary to determine compliance.
(E) If upon inspection any part of the system is determined not to be in compliance with this chapter, written notice shall be provided by the Department indicating the deficiency and the required corrections. Noted deficiencies shall be properly corrected and reinspected before any other work on the project is continued.
(F) No system shall be placed or replaced in service until a final inspection has been completed and the system installation has been approved.
(G) The owner or occupant of a property shall be responsible to provide access at a reasonable time to the Department or its authorized agent for the purpose of performing inspections required under this chapter.
(H) The contractor, upon completion of installation, shall file with the Department as-built drawings indicating the location of system components dimensioned from a permanent reference point.
(I) If an inspection is conducted as a part of preparation of the disclosure required by M.S. § 115.55, subd. 6 and such inspection is conducted by a party who is not the property owner, such party must be licensed in accordance with MPCA rules and regulations and the notice of compliance or noncompliance provided to the property owner must also be provided to Washington County within 30 days of the inspection.
(J) Compliance Inspections must be conducted:
(1) To ensure compliance with applicable requirements;
(2) Prior to the transfer of any real property, unless the age of the system is less than five years;
(3) To ensure compliance before issuance of a permit for the addition of a bedroom on property served 1 an SSTS;
(4) For all new construction or replacement;
(5) By a qualified employee or licensed inspection business, authorized by the Department or local unit government, who is independent of the owner and the installer;
(6) For an evaluation, investigation, inspection, recommendation, or other process used to prepare disclosure if conducted by a party who is not the system owner. The disclosure action constitutes compliance inspection and must be conducted according to Minn. Rules Chapter 7082; and
(7) When deemed necessary by the Department to ascertain the compliance of an existing system.
(K) A licensed inspection business that inspects an existing SSTS is allowed to subsequently design and install new SSTS for that property, provided the inspection business is also licensed to design and install. A license inspection business working on behalf of the Department or local unit of government must not design install a system if there is likelihood that the inspector or business will be responsible for permitting inspecting the system or system site. A person working for or on behalf of the Department or local unit government is not allowed to use the person’s position to solicit for private business gain.
(L) An appropriately licensed SSTS business may inspect an existing system which they installed once it has be independently inspected.
(M) Certificate of compliance; notice of noncompliance.
(1) SSTS in compliance with applicable requirements must be issued a certificate of compliance a systems found not in compliance must be issued a notice of noncompliance. SSTS not in compliance with § 52.04(C)(1) or § 52.04(G) must be repaired or replaced within 30 days or as directed under M.S. Chapter 145A. Systems out of compliance with other applicable requirements must be repaired or replaced according to local ordinance requirements. Systems issued a notice of noncompliance for operational or monitoring deficiencies must immediately be maintained, monitored, or managed according to the operating permit.
(2) The initial certificate of compliance must be issued if reasonable assurance is evident that the system was built according to applicable requirements as specified in the construction permit.
(3) The certificate of compliance for new construction and replacement must include the vertical separation distance report described in division (N)(2)(b) of this section, and the management plan developed under § 52.22(A). All certificates of compliance and notices of noncompliance for new construction and replacement must include property and property owner identification, date of inspection, system components, system location (dimensioned or drawn to scale), well setback distance, field check of soil conditions, SWF, as defined under § 52.02, designations as applicable, and Class designation as applicable.
(4) A certificate of compliance or notice of noncompliance for new construction or replacement must signed by a qualified employee certified as an inspector who is authorized by the Department or local unit of government. The certificate of compliance or notice of noncompliance for new construction and replacement must be submitted to the owner or owner’s agent within 15 days.
(5) A certificate of compliance or notice of noncompliance must include a certified statement from the qualified employee who conducted the compliance inspection and indicate whether the SSTS is in compliance with this chapter.
(6) If a compliance inspection indicates that the system is not in compliance with applicable requirements, the notice must contain a statement to this effect.
(7) Certificates of compliance for new construction or a replacement system remain valid for five years from the date of issuance unless the Department or local unit of government finds evidence of noncompliance.
(N) Certificate of compliance; notice of noncompliance; existing systems.
(1) The agency’s existing SSTS inspection report forms shall be used for existing system compliance inspections.
(2) An inspection for existing SSTS must verify the conditions in divisions (N)(2)(a) to (c).
(a) Sewage tanks must be assessed for leakage below the operating depth. A leakage report must be completed that includes the method or methods used to make the assessment. The assessment must be made by either a licensed SSTS business, except a design business, or a qualified employee with an SSTS certification, except as a designer. A passing report is valid for three 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 dispersal system and the periodically saturated soil or bedrock must be verified. This verification must be achieved by either conducting soil borings or by prior verifications by two independent parties. The soil borings used for system design or previous inspections qualify as a verification. A vertical separation distance report must be completed that includes the method or methods used to make the assessment and includes any previous soil borings. The assessment must be made by either a licensed inspection or design business or a qualified employee inspector with jurisdiction. If the verification separation report consists of verifications by two independent parties, a subsequent verification is not required unless the inspector has reason to believe a noncompliant condition exists.
(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 or methods used to make the assessment. The assessment must be made by either a licensed inspection business or a qualified employee with an inspector certification. 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 for an existing system compliance inspection shall be based on the results of the verifications in division (N)(2) of this section. The certificate of compliance for an existing system compliance inspection must be signed by a licensed inspection business or a qualified employee certified as an inspector. The certificate or notice for an existing system compliance inspection must be submitted to the Department or local unit of government with jurisdiction and the property owner or owner’s agent no later than 15 days after a compliance inspection. The completed form must also be submitted to the owner or owner’s agent. The certificate of compliance for an existing system compliance inspection is valid for three years from the date of issuance, even if one of the supporting reports expires before the three-year period, unless an inspector finds evidence of noncompliance.
(4) If a compliance inspection for an existing system indicates that the system is noncompliant, the notice must be signed by a licensed inspection business or qualified employee certified as an inspector anc contain a statement to that effect and specify what must be done to achieve compliance.
(O) Periodically saturated soil disagreements.
(1) If a documented discrepancy arises on the depth of the periodically saturated soil between licensee businesses for SSTS design or compliance purposes, all disputing parties must follow the procedure outlined in this subpart.
(2) One or more of the methods in units division (O)(2)(a) to (c) must be employed.
(a) Obtain an opinion from a qualified employee of the Department or local permitting authority with jurisdiction, if the Department or local permitting authority is willing to provide an opinion.
(b) Obtain an opinion from an SSTS technical evaluation committee, if a committee has beer developed for this purpose and is available and willing to render an opinion. The committee must be created in cooperation with the commissioner.
(c) Obtain an opinion from a Minnesota licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties.
(d) If options under division (O)(2)(a) or (O)(2)(b) of this section are not viable, an opinion must be rendered under division (O)(2)(C) of this section.
(3) If opinions rendered in divisions (O)(1) or (2) of this section do not resolve the dispute, all initial and follow-up documents and information generated must be submitted to the Department or local unit of government. The Department or local unit of government shall take into consideration all information and opinions rendered and make a final judgment. The Department or local unit of government shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions it renders.
(4) If a documented discrepancy arises on the depth of the periodically saturated soil between an SSTS licensed business and the Department or local unit of government for SSTS design or compliance purposes, all disputing parties shall follow the procedure outlined in this item.
(a) The Department or local unit of government and the licensed business must meet at the disputed site in an attempt to resolve differences.
(b) If the provision in division (O)(4)(a) of this section does not resolve differences, then one or more of the methods in division (O)(2)(b) or (c) of this section are allowed to be employed.
(c) If opinions in division (O)(4)(b) of this section are not sought or do not resolve the dispute, the Department or local unit of government shall take into consideration all information am opinions rendered and make a final judgment. The Department or local unit of government shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions they render.
(5) Upon resolution of a dispute, amendments to initial disputed documents containing the resolution shall be made and submitted to the Department or local unit of government and all other entities involved.
(Ord. 2010-162, passed 5-17-2010)