§ 52.23 SYSTEM ABANDONMENT.
   (A)   All systems with no future intent for use must be abandoned according to this section. Tank abandonment procedures for sewage tanks, cesspools, leaching pits, dry wells, seepage pits, vault privies, pit privies, and distribution devices must meet the requirements of division (A)(1) to (A)(3) of this section.
      (1)   All solids and liquids must be removed and disposed of according to § 52.22 by a license maintenance business.
      (2)   All electrical devices and devices containing mercury must be removed and disposed of according to applicable regulations.
      (3)   Abandoned tanks or any other underground cavities must be removed or remain in place an crushed with the remaining cavity filled with soil or rock material.
      (4)   The removed tank or tank fragments and any soil visually contaminated with sewage shall b disposed in accordance with division (C) of this section.
   (B)   Access for future discharge to the system must be permanently denied.
   (C)   If soil treatment and dispersal systems are removed, contaminated materials shall be properly handled to prevent human contact. Contaminated materials include distribution media, soil or sand within three feet of the system bottom, distribution pipes, tanks, and contaminated soil around leaky tanks. Contaminated material also includes any soil that received sewage from a surface failure. Contaminated materials must be disposed of according to division (C)(1) to (C)(2) of this section.
      (1)   Contaminated materials disposed of offsite must be disposed of according to § 52.22(K).
      (2)   If contaminated material is to be spread or used on site within one year of contact with sewage, the material must be placed in an area meeting the soil and setback requirements described in Table V in § 52.16 and § 52.16(C)(3) and the material must be covered with a minimum of six inches of uncontaminated soil and protected from erosion. After one year following contact with sewage, the material is allowed to be spread in any location meeting the setback requirement of Minn. Rule 4725.4450, covered with a minimum of six inches of uncontaminated soil, and protected from erosion. After one year following contact with sewage, the material is allowed to be used to fill in the abandoned in place sewage tanks.
      (3)   Contaminated pipe, geotextile fabric, or other material must be dried and disposed of in a mixed municipal solid waste landfill.
   (D)   The person or business abandoning the system must complete and sign a record of abandonment that states the system was abandoned according to this section. A description of the abandonment procedure must be recorded including a map of the remaining in-place components and location of the components removed. The record must be sent to the Department or local unit of government within 90 days of abandonment.
   (E)   MSTS no longer in use must be abandoned according to this section.
(Ord. 2010-162, passed 5-17-2010)