(A) SSTS requiring an operating permit.
(1) An operating permit shall be required of all owners of new holding tanks, Type IV systems, Type V systems, or MSTS or any other system deemed by the Department to require operational oversight. Sewage shall not be discharged to a holding tank, Type IV system, Type V system, or MSTS until the Department certifies that the holding tank, Type IV system, Type V system, or MSTS was installed in substantial conformance with the approved plans, receives the final as-builts of the holding tank, Type IV system, Type V system, or MSTS, and a valid operating permit is issued to the owner.
(2) Permit application requirements. Application for an operating permit shall be made on a form provided by the Department including:
(a) Owner name, mailing address, telephone, (and email address, if available).
(b) SSTS permit reference number and date of issue.
(c) Final as-builts of the SSTS.
(d) Owners of holding tanks must submit a copy of a valid executed monitoring and disposal contract with a licensed maintenance business.
(3) 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, which guarantees the removal of the holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minnesota Rules, Chapter 7082.0100, Subp. 3G. This requirement is waived if the owner is a farmer who is exempt from licensing under M.S. § 115.56, subd. 3(b)(3) and doing his/her own mamtaining. Owners of holding tanks shall hold a valid monitoring and disposal contract with a licensed maintenance business at all times until which time the holding tank is abandoned or the property sold and provide to the Department a copy of each and every said contract within 30 days of the contract's execution.
(B) Department response. The Department shall review 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 documents fulfill the requirements, the Department shall issue an operating permit.
(C) Operating 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 non-compliant conditions.
(8) Valid contract between the owner and a licensed maintenance business.
(9) Disclosure, location and condition of the additional soil treatment and dispersal system site.
(10) Descriptions of acceptable and prohibited discharges.
(11) Any other information the Department deems necessary.
(D) Permit expiration and renewal.
(1) Operating permits shall be valid for the specific term stated on the permit as determined by the Department.
(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 the permit is renewed. If not renewed within 90 calendar days of the expiration date, the city may require that the system be abandoned in accordance with § 153.012 of this chapter.
(3) The owner must apply for renewal at least 30 calendar days before the expiration date.
(4) Application shall be made on a form provided by the Department including, but not limited to:
(a) Applicant name, mailing address, phone number, (and email address, if available).
(b) Reference number of previous owner's operating permit.
(c) Any and all outstanding compliance monitoring reports as required by the operating permit.
(d) Evidence of all pumping done during the most recent operating permit period such as paid receipts from a state-licensed maintainer.
(e) Certified treatment system inspection signed and/or sealed by a certified designer, maintenance contractor, or operator at the discretion of the city.
(f) Any revisions made to the operation and maintenance manual.
(g) Payment of application review fee as determined by the city.
(E) Amendments to existing permits not allowed. The city may not amend an existing permit to reflect changes in this chapter until the permit term has expired and is renewed, unless an amendment is necessary to eliminate an imminent threat to public health or safety.
(F) Transfers. The operating permit shall not be transferred. A new owner shall apply for an operating permit in accordance with § 153.021 of this chapter. 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.
(G) Suspension or revocation.
(1) The Department may suspend or revoke any operating permit issued under this section for any false statements or misrepresentations of facts on which the operating permit was issued or in cases when a monitoring report shows the system is not operating per the terms of the operating permit.
(2) Notice of suspension revocation and the reasons for revocation shall be conveyed in writing to the owner.
(3) 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 § 153.022.
(4) At the Department's discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions.
(H) Compliance monitoring.
(1) Performance monitoring of a SSTS shall be performed by a licensed inspection business or 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 inspection business or licensed service provider. The report shall be submitted to the Department on a form provided by the Department on or before the compliance reporting date stipulated in the operating permit. The report shall contain a description of all maintenance and servicing activities performed since the last compliance monitoring report as described below:
(a) Owner name, address, telephone number, (and email address, if available).
(b) Property tax parcel identification number and legal description.
(c) Operating permit number.
(d) Average daily flow since last compliance monitoring report.
(e) Description of type of maintenance and date performed.
(f) Description of samples taken (if required), analytical laboratory used, and results of analyses.
(g) Problems noted with the system and actions proposed or taken to correct them.
(h) Name, signature, license and license number of the licensed professional who performed the work.
(Ord. 555, passed 7-28-2015)