Minnesota Administrative Rules

7082.0500 PERMIT PROGRAM FOR SSTS.

Subpart 1.

General requirements for permit program.

A.

Local units of government shall enforce local ordinances that regulate SSTS through permitting programs that meet the minimum requirements of this chapter.

B.

A local unit of government with an SSTS ordinance adopted under part 7082.0040, subparts 2 and 3, must have a permit program that specifically addresses the following:

(1)

permit application requirements;

(2)

site, design, and soil review and approval requirements and procedures;

(3)

record keeping; and

(4)

reporting to the commissioner.

C.

Permits must be required for all new construction and replacement. A local unit of government is authorized to require permits for all or certain types of SSTS repairs.

D.

A local unit of government with a local ordinance to regulate bedroom additions must comply with subpart 3, item C.

Subp. 2.

SSTS permit application requirements.

SSTS permit applications must require the submittal of exhibits necessary for issuing a permit as described in this chapter, along with general requirements for identifying the property and owners, a site evaluation report, a design report, a management plan, and any other information requested by the local unit of government pertinent to this process. Exhibits for site evaluation, design, and applicable construction information must be complete and include a certified statement from the certified person who conducted or oversaw the work. An approval process must be developed to address changes in the approved design that served as the basis for issuing a permit.

Subp. 3.

Permit approval requirements and procedures.

The permit program must include the requirements in items A to D.

A.

A qualified employee with jurisdiction or licensed inspection business who is authorized by the local unit of government must review the permit application and other exhibits to determine whether site evaluation procedures, observations, and conclusions are accurate and fulfill applicable requirements and whether the proposed system will meet applicable requirements. An infield verification of the periodically saturated soil or bedrock at the proposed soil treatment and dispersal sites must be conducted by a qualified employee with jurisdiction or licensed inspection business who is authorized by the local unit of government. An advanced inspector is required to perform the duties listed in this item for Type IV and Type V ISTS as described in parts 7080.2350 and 7080.2400, ISTS design flow of greater than 2,500 gallons per day, and MSTS. The infield verification of the periodically saturated soil or bedrock must occur prior to issuance of the certificate of compliance.

B.

The local unit of government must review and either approve or deny the permit application before issuing a construction permit. Construction must not be initiated until a construction permit is granted. Final approval of the system must be evidenced by issuance of a certificate of compliance.

C.

Local units of government shall not issue a building permit or variance for a bedroom addition on property served by a system unless the SSTS is in compliance with applicable requirements, as evidenced by a certificate of compliance. A local unit of government is authorized to temporarily waive the certificate of compliance requirement in this item for a bedroom addition permit for which application is made during the period from November 1 to April 30, provided a compliance inspection of the system is performed by the following June 1 and the applicant submits a certificate of compliance by the following September 30. This item does not apply if the local unit of government does not have an ordinance requiring a permit to add a bedroom.

D.

A licensed inspection business working on behalf of a local unit of government must not design or install systems that the business will be responsible for permitting or inspecting as part of its local government duties.

Statutory Authority:

MS s 115.03; 115.55

History:

32 SR 1413; 35 SR 1353

Published Electronically:

March 11, 2011