September 2018

• Web-based SSTS Annual Report process went well; Here are areas to focus on to make 2018 go even better
• You've got questions. We have answers. Give us a call
• Back by popluar demand, mini pumper courses
• Take care of delinquent 2017 tank fees, prepare for reporting 2018 installations
• Advisory Committee, Technical Advisory Panel looking for members
• Materials available to promote septic system care, maintenance
• MPCA closes six SSTS enforcement cases in the second quarter
• Tips for avoiding SSTS enforcement actions
• SSTS installer exam development underway
• Clean Water Partnership loans available for SSTS upgrades/replacement

Web-based SSTS Annual Report process went well; Here are areas to focus on to make 2018 go even better

By Cody Robinson, MPCA

Thank you to all local governmental units (LGUs) that completed the transition to web-based SSTS reporting for the 2017 permitting season. As reflected in the 2017 SSTS Annual Report, we had a great response rate, and were able to successfully validate and standardize SSTS reporting across the state. With that said, however, we are growing closer to the end of yet another building season and we wanted to share some friendly reminders to help make 2018 annual reporting as smooth as possible.

Operating permits

The first item is regarding the annual reporting of operating permits There will be an update in how operating permits are reported to more accurately align with reporting requirements and to get a better picture of how many systems are regulated under these permits statewide. In the past, we have asked for the number of operating permits (by system type) issued only for that specific reporting year. We would then add that up to get an annual total, and add that number to the past year’s number for each LGU for a grand total. 

Understanding that numbers of operating permits may fluctuate, we may not have an accurate figure of systems regulated under operating permits across the state. The 2018 annual report will now add a block asking LGUs to indicate the total number of systems within the jurisdiction that are regulated under an operating permit. It may be beneficial to browse over your permit file beforehand to determine how you will obtain this figure.

Permits for repairs vs. replacement systems

Next, it appears there may have been some confusion surrounding a few of the questions that were asked. There were a number of LGUs that reported an unusually high volume of repair permits issued in the past, and even some repair permits that matched up directly with the number of replacement systems installed. To fix this, we will do a better job in detailing the definition of repair permits within the questionnaire. Please keep an eye out for this additional instruction to ensure correct numbers are being reported.

Total number of dwellings with septic systems in your jurisdiction

Lastly, we want to encourage LGUs to accurately determine the total number of dwellings served by SSTS within each jurisdiction. This data point is critical because it helps quantify the size of each program as well as the SSTS program statewide. One way to get this information would be to contact the local assessor’s office to get the total number of dwellings within a jurisdiction, then identify how many of those dwellings may be connected to municipal sewer systems. The difference could produce a reasonable estimate of total dwellings served by SSTS.

For any questions, comments, or feedback surrounding the SSTS Annual Report, please contact Cody Robinson or by phone at 651-757-2535.    

You've got questions. We have answers. Give us a call

By Sadie Wunder, MPCA Which would you rather do? Your SSTS paperwork or your taxes? It’s alright you can tell us, you would rather do your taxes. SSTS professionals are faced with many challenges. Keeping a business up and running requires hours of equipment care, drumming up business, and every professional’s nightmare, paperwork. This paperwork is a thorn in the side. A confusing and irritating task that seems endless and pointless. We hear you. Unfortunately, the MPCA is not cutting back on paperwork. However, we would like to let you know that MPCA staff is here to help. Are you a new business? Did you just buy the business from grandpa? Are you wondering where all of grandpa’s records are? Are you thinking, “The University of Minnesota class taught me I need to track a number of things and keep them for five years but, Grandpa only has a few lime receipts”? We can help you! Our assistance is available not only for the newest members of the septic workforce, it is open to all SSTS professionals. Here are your options: Attend a Mini Pumper class if you are a maintainer, or if you can’t make it to a class near you, call the MPCA regional staff in your area. Not a maintainer? Still give us a call and request help. Each regional staff member is willing to review records and assist with technical questions. If you think you are missing something, call us. Proactively asking for help will put you in a better position than hoping you won’t get an inspection call from the MPCA. So what is the catch? You as the SSTS professional must begin the conversation. If the MPCA calls you to set up an inspection, that is exactly what you will get. These inspections can lead to enforcement and penalties when the paperwork is not in accordance to federal and state rules. In short, call us before we call you. Contact the MPCA regional staff person for your area.

Back by popluar demand, mini pumper courses

Want to get your records on track? Attend a mini pumper class near you. You must register prior to the class date, but space is limited so register now. Attendees will receive three continuing education credits. The class is open to all specialty areas; however, seats will be open to the maintainer specialty area first. Email or call the appropriate contact below for the class you would like to attend. Coffee and a snack will be provided. Nov. 8, 2018 Renville County Government Center 105 5th St. Olivia MN 56277, Room 117 8:30 a.m. to 12:30 p.m. Email Kristi Kalk, or by phone at  507-344-5261. Dec. 4, 2018 MPCA, 7678 College Road , Suite 105, Baxter MN 56425 8 a.m.-noon Email Sadie Wunder, or by phone at  507-316-3909. Jan. 23, 2019 Waseca County License Bureau East Annex conference room 300 North State Street, Waseca MN 56093 8:30 a.m. to 12:30 p.m. Email Steve Oscarson, or by phone at 507-206-2604. April 10, 2019 Chisago County Courthouse 313 N. Main St.. Center City, MN 55012 Room 150B 8:30 a.m.-12:30 p.m. Email Ian Harrison, or by phone at 218-302-6670. April 11, 2019 Beltrami County Environmental Services Soil & Water Conservation District 701  Minnesota Ave. Suite 113 Bemidji, MN  56601-3177 8:30 a.m. to 12:30 Email Nick Kramer, or by phone at  218-846-8115.

Take care of delinquent 2017 tank fees, prepare for reporting 2018 installations

Since it's important to verify that businesses completing SSTS work are properly licensed, LGUs are encouraged to frequently check the SSTS online search tool throughout the construction season to ensure businesses operating within their jurisdiction are licensed. MPCA compliance and enforcement staff will soon issue Order of Sanctions to SSTS installers who failed to pay 2017 tank installation fee invoices within 30 days. Installers who receive an Order of Sanctions for failing to pay invoices are no longer licensed and may not complete any SSTS work. A license will be reinstated when the MPCA receives payment. If you have a question about tank fees, contact your regional compliance and enforcement staff.  Ultimately, it is the responsibility of installers to ensure they are properly licensed before completing work; however, it is also the role of the LGU to ensure work is completed by an appropriately licensed business. Thank you for your teamwork in this effort to reduce unlicensed work. November is right around the corner and 2018 Tank Fee Submission Forms will be mailed at that time.

Advisory Committee, Technical Advisory Panel looking for members

The SSTS Advisory Committee is looking to fill 10 specific roles on the committee. The committee has 21 voting members and several non-voting members and meets four times per year – either in person or remotely via WebEx. It advises the MPCA on a wide variety of SSTS issues. The meeting time is generally from 9 a.m. to 3 p.m. The SSTS Technical Advisory Panel (TAP) is looking to fill one SSTS engineer opening on the committee. TAP was formed as an adjunct committee to the SSTS Advisory Committee. Its purpose is to provide technical support and recommendations to the MPCA on the product registration process for treatment and distribution products used in septic systems. The committee generally meets every other month from 10 a.m. to 3 p.m. If you are interested in filling one of these positions, please contact Aaron Jensen for an application. Advisory Committee Vacancies: •    1 citizen •    1 elected official •    1 municipal building inspector •    1 county staff person from Metro Minnesota •    1 Professional from NC Minnesota •    1 Professional from NE Minnesota •    1 Professional from NW Minnesota •    1 Professional from SW Minnesota •    1 Association of Home Inspectors representative (non-voting) •    1 Small Business Administration representative (non-voting)

Materials available to promote septic system care, maintenance

Sept. 17-21 is SepticSmart Week, during which the EPA seeks to inform homeowners on proper septic system care and maintenance, assist local agencies in promoting homeowner education and awareness, and educate local decision makers about infrastructure options to improve and sustain their communities. This year, the EPA is providing materials to promote these seven areas for protecting septic systems: Protect It & Inspect It! (Day 1) Think at the Sink! (Day 2) Don’t Overload the Commode! (Day 3) Pump Your Tank! (Day 4) Don’t Strain Your Drain! (Day 5) Shield Your Field! (Day 6) Keep It Clean! (Day 7)

MPCA closes six SSTS enforcement cases in the second quarter

During the period of April – June of 2018, the MPCA completed six enforcement actions that were SSTS related. The following are violations associated with these cases:

•    503 recordkeeping violations
•    503 violations for pathogen and vector control
•    Unlicensed work
•    Discharge of sewage to waters of the state
•    SSTS design license violations (failure to design a system with the required separation from periodically saturated soil)
•    SSTS inspection license violations (failure to properly assess a system for compliance)
•    SSTS inspection license violations (inspecting a system without the proper advanced certification and license) and
•    Failure to upgrade straight-pipe system within 10 months of notice of noncompliance

Tips for avoiding SSTS enforcement actions

By Steven Oscarson, MPCA

You may have heard the MPCA use the term “quality of work” when referring to SSTS enforcement cases. But what exactly does quality of work mean in terms of violations? The following are specific violations that have been cited in recent enforcement cases.

It's important to remember that more information is better when it comes to documenting the work that you do. Noting observations and/or explanations of what you did may help you if your work is ever questioned.

Incomplete Documentation

1.  Not submitting a complete form.  For each compliance criteria 1-5, a box is left blank (soil separation box in #4, or not checking any verification box). MN. R. 7083.0750 Subp. 2 & 3

2.  Not attaching the support documentation for #4 soil separation criteria.  When identifying you conduct your own borings they should be attached.  Same way with two previous verifications.  If the county has two priors done on file already and you will not be submitting anymore.  You should be explain in the comments box why the form wasn’t followed and that the county already has the records on file.  If using a maintainers tank integrity form for compliance criteria #2, that must also be attached. MN. R. 7083.0750 Subp. 2 & 3

Incomplete Work

1.  Not finding the entire drain field.  Compliance inspection is made on just a portion of the system (100% of the system should pass a compliance inspection). MN. R. 7083.0750 Subp. 3

2.  Boring logs are not completely filled out.  Minimum that is needed to make a determination of a limiting layer is depths, color (including matrix, mottling and redox colors), rock fragments, and texture.  They should follow MN. R. 7080.1720 Subp 5.

3.  Not attaching the support documentation for #4 soil separation criteria.  When identifying you conduct your own borings they should be attached.  Same way with two previous verifications.  If the county has two priors done on file already and you will not be submitting anymore.  You should be explain in the comments box why the form wasn’t followed and that the county already has the records on file.  If using a maintainers tank integrity form for compliance criteria #2, that must also be attached. MN. R. 7083.0750 Subp. 2 & 3

4.  Making sure enough verification methods for each compliance criteria are used to make the right determination. MN. R. 7083.0750 Subp. 3

5. Not submitting forms within 15 days after the compliance determination has been made. MN. R. 7083.0750 Subp. 2

Inaccurate work

1.  Incorrectly identifying soils (wrong elevation for the limiting condition). With being conservative, you may fail a system that should pass for soil separation. MN R. 7080.1720 Subp. 5

2.  Not boring in an area of similar soils outside the area of influence. MN. R. 7080.1500Subp. 4 F

3.   When measuring above ground systems for soil separation, elevations are a better tool than inches.  Both are acceptable but you need to know how to record them accurately. MN. R. 7083.0750 Subp. 2

4.  Boring logs are not completely filled out.  Minimum that is needed to make a determination of a limiting layer is depths, color (including matrix, mottling and redox colors), rock fragments, and texture.  They should follow 7080.1720 Subp 5.

5.   Make sure enough verification methods for each compliance criteria are used to make the right determination. MN. R. 7083.0750 Subp. 3.

SSTS installer exam development underway

By Nick Haig, MPCA Industry volunteers are reviewing Installer exam questions on Friday, Sept. 7, as a part of the MPCA’s ongoing “Need-to-Know” (N2K) process efforts. A second meeting will be held Sept. 27 at the MPCA offices in Baxter. The N2K process is a stakeholder-driven job analysis procedure used to define what SSTS practitioners need to know to effectively and efficiently practice their profession. The MPCA has committed to this method to define, update and align the job tasks, curriculum priorities, and exam competencies that warrant certification for SSTS professionals. The Installer exam is the 7th SSTS exam that will be updated using this process. When piloting potential exam questions, volunteers provide feedback on the intent, wording, fairness, and accuracy of each question and its possible answers. Each question is linked to a specific job task that is defined in the validated Job Task Analysis document for the SSTS Installer specialty area. For more information about this process and opportunities to participate, contact Nick Haig from the Certification and Training Unit: 651-757-2536

Clean Water Partnership loans available for SSTS upgrades/replacement

Counties and other local governmental units are eligible to apply for Clean Water Partnership loans for a variety of purposes, including loan programs for upgrading or replacing faulty septic systems. Project sponsors can use the loans to implement projects directly or to set up a loan fund for landowners or other stakeholders.

In the following question and answer session, Eric VanDyken, assistant zoning administrator for Kandiyohi County, shares his insights into the program based on the county's experience with the loan program over many years.

Question: Is it difficult for a county to apply for the CWP money? 

VanDyken: Not overly so, but I am hopeful that improvements may possibly be made in the near future. I have been in consultation with several MPCA staff regarding the possibility of streamlining and specializing the CWP application and work plan specific to SST upgrades. There seems to be some receptivity to that idea, which would make the process more user friendly.

Question: What steps did you take to craft your application? 

VanDyken: I think the original application was a shared product from another county. There was initial consultation also with our Auditor/Treasurer Office, which partners with us to apply the assessments, collect payments through taxes and pay the state back as required. There have been edits over the years.

Question: Does it require county board approval? 

VanDyken: CWP loan agreements with the state require board approval, but individual loans to landowners do not.

Question: Can you share any tips for other counties or jurisdictions that are interested in applying?

VanDyken: Don’t be afraid to borrow ideas from other counties – no need to reinvent the wheel, even if you have ideas to make the wheel better.

Question: Do you have any homeowner testimony from people who have utilized this loan? 

VanDyken: Anecdotally yes, I have tons of positive feedback over the years..

Question: What information and documents do homeowners need to provide for an application? 

VanDyken: Homeowners need to supply a name, address, and property identifier information along with the name of their contractor and the requested loan amount. A copy of a written cost estimate must accompany the application. One of the nice things about the loan program as administered is that it is a simple and accessible process for landowners.

Question: Do you ever turn down an application? 

VanDyken: There are three turn-down scenarios: First, sometimes people think we will fund any SSTS, but this money is only for SSTS upgrades. If someone is simply establishing a new building site, money is not available for them under this program. Second, if a landowner seeks to fund a system that was installed prior to the initiation date of the CWP loan agreement (rare). Third, if a landowner is not current on taxes.  The county will not place an SSTS assessment on a property if a landowner is currently delinquent on taxes.

Question: Once a homeowner receives the money, what are the terms of the loan?

VanDyken: For point of technical clarification, the landowner never directly receives the money, as checks are sent directly to contractors. Current loan terms are 1% interest for 10 years. Homeowners may pay off the assessment early without penalty. Homeowners may transfer the assessment with the property if sold.  Payments are made twice a year with property tax payments, since the assessments are added to their property tax statement. Homeowners who have their taxes paid by an escrow service should contact their escrow company about making adjustment to monthly payments. For many years, the loan terms were 3% interest for 10 years, but the state recently lowered their loan rate to 0%, allowing the county to lower the rate out to homeowners.

Question: What if the homeowner doesn’t pay? 

VanDyken: As an assessment, the property itself serves to secure the loan. If a landowner fails to pay, the county follows normal tax forfeiture proceedings. Kandiyohi has only encountered this twice.

Question: How much money has Kandiyohi County received over the years through the CWP loan program? 

VanDyken: I’ll give you the dollars spent, rather than received, since we just returned some money in order to initiate our new county-wide program. Money spent to date is $3,984,881. I have another $152,048 encumbered.

Question: What areas (locations) of the county do you focus on? 

VanDyken: Originally, Kandiyohi County entered into a loan agreement for the Hawk Creek Watershed. Later the Upper Shakopee Creek Watershed was added under a new loan agreement that was later expanded to the Greater Shakopee Creek Watershed and then the Chippewa River Watershed. Later the Crow River Watershed was added under a new loan agreement. Currently we have taken advantage of the change that allows counties to apply for money across their entire political jurisdiction, regardless of watershed boundaries. We currently have terminated all loan agreements except for our recently awarded loan agreement for $1 million dollars that is being applied county-wide.

Question: How do you promote the loan funds in your county?  Paper? Website? Radio? TV? 

VanDyken: With our most recent new loan agreement, and in association with a joint University of Minnesota/Dept. Health public informational meeting, I did some direct mailing and radio appearance.  Ultimately and historically, our SSTS contractors are our most valuable partners in promotion of the loan program, followed closely by our area real estate professionals.

Question: Do you know how many systems have been upgraded using this loan?

VanDyken: 492 systems to date.

For more information or to apply, visit the Clean Water Partnership Loan Program page on the MPCA website. You can also contact Cindy Penny, 651-757-2099 or Kurt Soular, 651-757-2748 if you have questions.

Ouch

Sometimes the pressures of the job can get to be too much. That seemed to be the case recently with this pumper truck on a job in west-central Minnesota. We're not sure exactly what happened in this particular instance, but the fact that tanks can implode from trying to hold too much vacuum is a known possibility. Here's a link to an article about how to prevent tanks from collapsing.

Who to call with SSTS questions

Visit the MPCA website for a list of MPCA staff available to assist with questions about SSTS policies and programs, as well as compliance and enforcement issues.