§ 155.09 COMPLIANCE MANAGEMENT.
   (A)   Compliance inspection.
      (1)   SSTS compliance inspections must be performed as defined in Minnesota Rules 7082.0700 Inspection Program for Subsurface Sewage Treatment Systems.
      (2)   All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors.
   (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 not to be in compliance with Minnesota Rules 7080.1500, Subp. 4A or 7081.0080, Subp. 3 must be repaired or replaced within ten (10) months or as directed under M.S. Chapter 145A. SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained, monitored or otherwise managed according to the operating permit.
      (2)   It is the responsibility of the SSTS owner or the owner's agent to notify the Department two (2) calendar days prior to any permitted work on the SSTS.
      (3)   A certificate of compliance for new SSTS construction or replacement, which shall be valid for five (5) years, shall be issued by the Department if the system was built in accordance with the applicable requirements as specified in the construction permit.
      (4)   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 noncompliance.
   (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; or
         (b)   Upon receipt of a complaint or other notice of a system malfunction.
      (2)   Compliance inspections for existing SSTS shall be reported on inspection report forms provided by the PCA. Compliance inspections of existing SSTS shall meet the requirements for Minnesota Rules, Chapter 7082.0700, and Subp. 4B. Vertical separation disputes must follow the procedure described in Minnesota Rules 7080.0700, Subp. 5.
      (3)   The certificate of compliance or notice of noncompliance must be submitted to the Department and the owner or owner's agent no later than fifteen (15) calendar days after the date the inspection was performed.
      (4)   Certificates of compliance for existing SSTS shall remain valid for three (3) years from the date of issue unless the Department finds evidence of noncompliance.
      (5)   Neither the issuance of permits, certificates of compliance nor notices of noncompliance as requested or issued shall 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 these standards and regulations.
(Ord. 426, passed 11-18-2014)