August 2015

More counties, cities, townships adopting point-of-sale SSTS inspection programs to help identify/fix problems

The questionnaire for the MPCA SSTS Annual Report asks counties, cities and townships that regulate SSTS if they a require compliance inspection of a home's septic system before the property can be transferred to new ownership. Based on completed questionnaires received by the MPCA in 2014, The percentage of LGUs with point-of-sale inspection programs increased from 2013 to 2014. 

In 2013, 225 LGUs responded to the question. Of those, 116 had such a program in place and 109 did not.  In 2014, 230 answered the question. Of those, 141 had a program and 89 did not.

In 2013, 52 of 86 reporting counties (60%) said they had a property transfer/SSTS compliance inspection program. For cities, it was 47 of 85 (55%). Sixteen of 52 reporting townships (31%) had a program.

For 2014, 59 of 86 counties (69%) reported a property transfer program. For cities, it was 54 of 84 (64%); for townships it was 26 out of 58 (45%).

Point-of-sale inspection programs are one of the tools local governments can adopt to identify and fix septic systems that pose an imminent threat to public health, are in need of repair or are too close to groundwater.  

The point-of-sale question results reported by the Olmsted TCPA is included with township numbers.

SSTS grant application process underway

As noted in an earlier edition, the MPCA is offering grants to counties for administering SSTS programs, special projects to improve SSTS compliance rates, and to assist low-income homeowners with SSTS upgrades. The MPCA will determine grant allocations after reviewing all the applications. Funds will flow to counties through the Board of Water and Soil Resources (BWSR) Natural Resources Block Grants (NRBG) in 2015. An email was sent in July to all counties with details of the grant application process. The application submission deadline is August 12 at 4:30 p.m. The application allows you to click “Submit” and it will automatically email your completed application back to ssts.projects.mpca@state.mn.us . If you have problems with this function, you can save the form and attach it to an email to that same address. An email will be sent to confirm that your application was received. The goal is to notify grant recipients of awards during the first week of September or before if possible. If you still have questions, please send them to ssts.projects.mpca@state.mn.us or call Aaron Jensen at 651-757-2544. A PDF copy of the grant application is available on the MPCA’s website.

MPCA completes three SSTS enforcement cases totalling $6,165

During the period of April- June, 2015, the MPCA completed 53 enforcement cases in 31 counties. Three of the 53 MPCA cases (6 percent) were SSTS related. They were located in Racine, Hampton, and Rochester.

Financial penalties totaling $6,165 for the three cases ranged from $1,000 to $3,600. More enforcement summary information can be found on the MPCA’s website.

Snorek named to Detroit Lakes SSTS position

Matt Snorek has been named an SSTS inspector for the Detroit Lakes MPCA regional office. In December, he graduated from the University of Minnesota-Twin Cities with a bachelor’s degree in Environmental Sciences, Policy, and Management. Matt enjoys spending time outdoors and secretly loves the new Jurassic Blizzard at Dairy Queen.  Snorek replaces Ian Harrison who took a similar position at the MPCA regional office in Duluth. Below is an updated map of MPCA SSTS regional assignments.

Just the ticket! Form/process created for referring SSTS enforcement cases to MPCA

The MPCA SSTS Compliance and Enforcement unit has recently been given the authority to issue civil citations (tickets) for some of the more common SSTS violations. Under the citation authority, tickets can be issued for violations such as working without a local permit, working without an SSTS license, late submittal of as-builts, and late submittal of inspection reports.

These violations will most commonly be reported to the MPCA by a local governmental unit (LGU) such a county or city.  To ensure we receive all the information needed to pursue enforcement on any SSTS violations and to make the referral process clearer, the MPCA has developed an SSTS Enforcement Referral from Local Programs process and form.

The SSTS Enforcement Referral from Local Programs Process

1. The LGU should call and discuss the violation(s) with regional MPCA SSTS enforcement staff.

2. The LGU needs to complete an SSTS Enforcement Referral from Local Programs form and email or mail the form and any supporting documentation to the regional MPCA SSTS enforcement staff. A copy of the form can be found under the enforcement section of on the MPCA website.

3. Regional MPCA SSTS enforcement staff will review the form and supporting documentation and make a determination on what course of action the MPCA will take to respond to the violation(s). Follow-up will range from providing technical assistance to issuing a formal enforcement action.

The SSTS Enforcement Referral from Local Programs form should be filled out and submitted to the appropriate MPCA SSTS enforcement staff for any SSTS violation that a LGU is referring to the MPCA. The first page of the form lists out some of the more common violations, but then also includes a spot to add  any “other” SSTS violation or violations.

It is important for LGUs to fill out the entire form and provide all of the required documentation when referring violations to the MCPA. Without proper documentation the MPCA cannot initiate an enforcement action. Documentation of a violation can include photographs, copies of correspondence, phone logs, and inspection reports.

Building sewers connected to SSTS: What septic professionals need to know

The MPCA and Department of Labor and Industry (DLI) created an interagency workgroup (IAWG) to recommend statutory and administrative rule changes to simplify the regulation and administration of work on building sewers that are connected to septic systems. Language from the 2015 legislative session codifies changes that were recommended by the IAWG with input from stakeholders in the SSTS, utility contracting, and plumbing trades. The legislature directed the MPCA to update its rules to implement the changes.

The proposed solution allows septic system professionals to work with just one agency for their licensing needs and permits them to work on building sewers with respect to the plumbing code.

A detailed fact sheet with answers to frequently asked questions will be available soon on the Internet. Below is a summary of significant changes.

Co-Definition of the Building Sewer Connected to Septic Systems

A “building sewer connected to a septic system” is the pipe that connects the end of a structure’s building drain to a septic system. Building sewers connected to septic systems are now co-defined as a component of both the plumbing system and the septic system.

All building sewers will continue to be defined as plumbing. The Minnesota Plumbing Code will still define building sewer specifications and work on building sewers will continue to be subject to the requirements of the plumbing program.

Building sewers connected to septic systems are now also defined as components of septic systems – which creates some flexibility about who can conduct this work. Septic system designers may now design building sewers connected to septic systems.

• Septic System Designers may now design building sewers connected to septic systems. As always the design must comply with the Plumbing Code, which means that DLI must review and approve plans and specs for building sewers serving public, commercial, industrial, or five-unit or larger residential buildings. 
  
• Septic System Inspectors may permit and/or inspect building sewers connected to septic systems for compliance with the Minnesota Plumbing Code when the installation is not subject to Minnesota Rules, Part 1300.0215 Subp. 6 or they have permission form the plumbing program authority.
• Septic System Installers may install building sewers if they hold a plumbing license or a pipe laying certificate.
  

Surety Bonding and License Application/Renewal Changes

The authorizations above depend on proper education on the pertinent aspects of the plumbing code and appropriate surety bond coverage. For that reason, the SSTS Bond is changing to mirror the requirements of the plumbing program: $25,000 of liability that accumulates every two years. This updated bond, now maintained by the MPCA (not DLI), allows septic system license holders to manage their licensure through one agency. All SSTS business licensees will have to update their bond to the new, simplified form in two stages:

1. Installation licenses must update this form and submit it to the MPCA prior to 12/31/15, the date that most bonds currently registered with DLI are set to expire.

2. All non-installation licenses must update this simplified form as a condition of the 2016 business license renewal.

All designated certified individuals (DCI) for each installation business must either have an individual plumbing license or submit evidence of pipe laying training to the MPCA by providing a copy of their pipe layer card with their bond form submission. The DLI will use this information to notify businesses of their authorization as certified pipe layers.

Licensed plumbing contractors that also hold SSTS licensure must continue to work with both agencies. The $25,000 plumbing code compliance bond will cover both licenses, but plumbing licensees must submit a duplicate original bond with the MPCA.

Updates on the rulemaking process

To receive updates on the rulemaking process regarding building sewers , sign using GovDelivery, the same service that allows people to sign up to receive the SSTS Bulletin as well as other news and information from the MPCA.

Go here to the GovDelivery site.  Enter your email and click “Next.” Select the box under “Water Rulemaking”: Rulemaking: Expedited – SSTS: Building Sewers Connected to Septic Systems and Lapsed Certification Eligibility Reinstatement.  That's it. You'll then start receiving updates on the process.

MPCA SSTS staff - who to call

Detailed contact information for MPCA SSTS staff is available on the MPCA website. All MPCA staff can be reached at 651-296-6300 or toll-free at 1-800-657-3864. Past editions of the SSTS Bulletin are available on the MPCA website.