MPCA SSTS Bulletin

End date extended for certification renewal flexibility

The MPCA has extended the timeframe for when certification expirations are being managed with regulatory flexibility - from June 30, 2021, to December 31, 2021. This means all SSTS certifications that expire between March 13, 2020, and December 31, 2021, will be renewed, regardless of whether or not individuals have met their continuing education requirements.
Any continuing education missed as a result of course cancellations or COVID-19 related restrictions needs to be made up within one year of when training becomes available again. Individuals who have not fulfilled their continuing education requirement due to the closure of workshops will be issued a conditional certification, which is no different than a full certification, but helps us keep track of this training debt.

U of M offering mix of in-person, virtual training, exam opportunities

The University of Minnesota’s Onsite Sewage Treatment Program (OSTP) has announced a modified schedule of events for SSTS professionals. Upcoming training includes in-person certification workshops and exam sessions for most specialty areas, and hybrid (online and field/classroom) continuing education. The adjusted schedule of program offerings -- including cancellations, rescheduling, and event changes -- is online.

OSTP will be announcing additional classroom offerings and online learning in the months ahead. Please sign up for a waiting list if the offering you have selected is full. This helps us understand and work to accommodate your training needs. Additional schedule adjustments will be based on further guidance from University of Minnesota leadership. 

Certification exams will be offered on the last day of each certification workshop. Additional exam sessions will be scheduled by the MPCA. Contact Jane Seaver with questions about upcoming SSTS exam sessions.

Existing certification and renewals

Even with the offerings being provided through our partnership with OSTP, we understand that disruptions to our 2020-2021 calendar have had an impact on individual plans for meeting certification requirements. To that end, we want to assure certified SSTS professionals:

• Certifications scheduled to expire between March 13, 2020 and December 31, 2021, will not lapse as a result of course cancellations or COVID-19 related restrictions.
• Individuals with certifications that expire during this timeframe will not be required to retest, and;
• SSTS professionals with certifications that expire during this timeframe will still be responsible for obtaining their required continuing education hours within one year of when training becomes available again.

Please keep up to date with developments and adjustments to the MPCA’s SSTS professional certification and licensing program by visiting the Certifications and Trainings section of MPCA’s Response to COVID-19 webpage.

Thank you for your patience and support as we work to identify and respond to SSTS professional certification and training needs.

In January 2021, the MPCA updated a number of SSTS-related forms in response to rule changes with input from multiple steering groups/committees and industry professionals. After widespread rollout and use of the forms, some issues were identified.

In response to these comments and concerns, and again with input from multiple steering groups and industry professionals, three forms received further updates: the Compliance inspection form - Existing system, the Sewage tank integrity assessment form, and the Sewage Tank Maintenance Reporting Form. The most recent updates to these forms are minor changes intended to make them easier to use. All updated forms and factsheets can be found here.

With rule changes and form updates, there’s always potential for some initial confusion. The new rule requiring tank integrity assessments conducted on emptied tanks (effective starting Jan. 11, 2021) is no exception. In order to ease this transition, here are some key concepts regarding the new forms that should assist in implementing the new pumping requirement, as well as when inspecting properties with multiple SSTS. It might be helpful to have the new forms open on your computer as you read below what has changed about them.

Existing System Inspection Form

This form has the biggest impact on the SSTS industry given that it’s completed over 15,000 times per year by more than 1,000 SSTS professional users – not to mention all of the homeowners, realtors, and other non-SSTS professionals who read and review this form.

At initial glance, you may notice the new agency logo on the top left (see image above), but to ensure you are viewing the most current form, be sure to check the date on the bottom of each page. The most up-to-date version was published on 4/28/2021. All SSTS inspectors are required to use the most up-to-date version and LGUs should only accept inspections on the updated form. 

Most of the changes on the inspection form are administrative updates and self-explanatory. For example, you may notice property information moved to the top, inspection components reorganized to maximize space, and upgrade language paired directly with the system status checkboxes to better emphasize next steps.

Some of the more impactful changes include the replacement of verification method checkboxes with space for written narratives and new options for tank integrity assessments in line with the new rule.

The removal of verification checkboxes was intentional to enable inspectors to provide more detail in documenting the various methods and results identified to determine the compliance status of each SSTS component inspected. Inspectors should be descriptive when documenting their methods used and results found in the event an inspector’s compliance determinations are challenged. Remember, generally, if it’s not documented, then it didn’t happen!

As mentioned, additional changes were also made to the tank integrity portion of the form to help facilitate the new rule change. The first checkbox is used when the system is pumped at the time of inspection, and the inspector is personally assessing the empty sewage tank(s). The second checkbox is used if an inspector chooses to utilize another licensed SSTS professional’s tank integrity assessment. When the second box is checked, the inspector must attach a tank integrity assessment.

Previous tank integrity assessments, completed by certified SSTS professionals working for a licensed SSTS business, can be used by SSTS inspectors, at their discretion, for three years from the system status date indicated on the form. It is the inspector’s responsibility to ensure that any tank assessment used is valid.

Remember, it is always the inspector’s choice to utilize another licensed professional’s tank integrity assessment as part of their inspection, and inspectors always retain the option to view empty tanks for themselves. The third added checkbox is available for situations when the tank is identified to be failing prior to pumping the tank. This enables inspectors to fail a sewage tank without having to get it pumped; which allows for pumping at a more convenient time, such as tank abandonment or replacement. If this checkbox is utilized then the system is, at a minimum, considered failing to protect groundwater and the inspection results should reflect as much.

Sewage Tank Maintenance Reporting Form and Sewage Tank Integrity Assessment Form

The optional page of the Sewage Tank Maintenance Reporting Form (page 3) and Sewage Tank Integrity Assessment Form are identical in terms of the compliance language used. The Sewage Tank Integrity Assessment Form is a new one-page standalone document, created specifically for use by installers, inspectors, and service providers. The Sewage Tank Maintenance Reporting Form is intended for use by maintainers. The completion of these forms by maintainers or other SSTS professionals is optional; just like it is optional for inspectors to include them in an inspection.

The notable updates are found when reporting the system’s sewage tank(s) status. The updated compliance checkboxes include clear language that is more comparable to what is found on existing compliance inspection forms.

As a reminder for SSTS maintainers, it is still a requirement to report tank status to homeowners for every routine maintenance event (that information is not considered a tank integrity assessment); however, a maintainer has the option to provide an official tank integrity assessment if they choose.

For anyone completing a tank integrity assessment, keep in mind that only designated certified individuals (DCI’s) from licensed SSTS businesses can sign these forms. DCI’s signing these are responsible for the work they conducted and conclusions/certifications rendered. Individuals who are not DCI’s are not authorized to sign tank integrity assessment forms and thus cannot make official determinations for sewage tank compliance.

Final thoughts on forms

The MPCA acknowledges that changes with forms can be difficult, and we do our best to ensure only relevant changes are made in consultation with a variety of stakeholder groups who represent the SSTS industry as a whole.

While the MPCA is always open to user feedback and comments on our forms, please understand that frequent changes can be stressful for form users, especially for widely used forms such as the existing system compliance inspection form. Weighing the potential benefits and disruptions of pertinent changes is an important a consideration held by the MPCA.

If you have questions on the use of these forms, please don’t hesitate to contact the MPCA for clarification.  Contact information for MPCA SSTS policy staff or your regional C&E staff is provided here. 

Use separate compliance inspection forms on properties with multiple SSTS

In recent years, there has been some confusion on how to handle properties with multiple SSTS when documenting compliance inspections. Many times, inspectors are incorrectly issuing a compliance inspection for a property with the results from multiple systems on one form. The correct way to handle these situations is to complete a compliance inspection form and issue compliance inspections for each individual SSTS on a property, including any SSTS not abandoned in accordance with rule as stated in Minn. R. 7080.1500 subp. 4 B.

By issuing individual inspections, it allows for accurate tracking and record keeping on each SSTS, and allows the local unit of government to appropriately work through any issues of noncompliance.

Additionally, by separating SSTS not abandoned in accordance with rule from in-use SSTS it allows property owners to more accurately meet the disclosure requirements of Minnesota Statute 115.55.

In order to assist with separating compliance inspections for multiple SSTS, specifically SSTS not abandoned in accordance with rule, the agency made two modifications to the Compliance inspection form - Existing system. Under Reason(s) for noncompliance on page 1, there is now a checkbox that states, “System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) – Failing to protect groundwater.” Additionally, on page 3 there is now an item labeled 3d that says, “System not abandoned in accordance with Minn. R. 7080.2500?” These two additions, combined, allow an inspector to appropriately indicate that an SSTS not abandoned in accordance with rule exists on a property.

Moving forward, inspectors should issue separate compliance inspections for all SSTS located on a property. The revised compliance inspection form should be capable of appropriately documenting the compliance status of any system that they may encounter.

Questions on compliance inspection protocols or abandoned SSTS can be directed to MPCA SSTS policy staff or your regional C&E staff. 

What to keep in mind when changing SSTS designs

As we transition into the 2021 field season, the MPCA wants to remind everyone that only licensed and certified SSTS designers are authorized to design system components. Any party that modifies or changes a design is subsequently accountable for the entire design and must be a licensed and certified SSTS designer.

There are many reasons why SSTS designs change during the permitting and installation process; however, when changes are made, it is important to ensure the following:

• An appropriate SSTS professional is accountable for the work
• The system designed meets all applicable state and local requirements,
• And the system functions effectively for the dwelling or facility it serves.

Decisions made by certified SSTS designers consist of preliminary and field evaluations where all necessary information is gathered and implemented in a design. Designers incorporate these findings into the system type, layout, configuration and selection of specific components.

For local unit of government design reviewers: If design deficiencies are identified during the review process, consult with the designer to determine, implement and document corrections prior to permit issuance.

If changes to a design occur without appropriate signoff from the licensed SSTS designer, the design reviewer would then be accountable for the design of that system. Effective communication is key for all parties involved.

For SSTS installers: It is your responsibility to ensure installations occur according to an approved design. If issues arise installing components specified in an approved design, the SSTS designer must authorize the proposed change, and that proposal needs to approval by the LGU before construction can resume.

Pay extra attention to the system’s layout and specified depths/elevations of components. If you are unsure on any aspect of the design, reach out to the designer. Again, effective communication is key for all parties involved.

For SSTS designers: It is your responsibility to gather necessary information during preliminary and field evaluations and complete design reports in accordance with applicable state and local requirements. The detailed design sheets, drawings, calculations, materials, system layout, and elevations developed should be legible and communicate needed information for installers to carry out their duties.

Be open to feedback provided by LGU reviewers, and installers, and be open to modifications to designs when warranted and appropriate. Once again, effective communication is key for all parties involved.

Use specific components when called for

Lastly, when a specific component is included in a design that component is required to be installed. For example, if a design requires an effluent filter and the designer specifies a Polylok PL-122 (or any other specific brand and model) then that filter must be installed. If a different filter is desired/requested after the design has been completed then the process above for modifying a design should be used.

Installers should be mindful of any specified components in a design and install those exact components. They were likely specified for a particular reason. On the flip side, designers need to be thoughtful about how they specify products in their designs. If a particular component is required based on your professional judgement then use of that component should be specified; however, if a specific model/brand is not required then the design should not specify a component.

An example of this already occurring is with most pumps, the minimum pump size is indicated in the design and the installer can source the appropriate pump based on this information. Another way to handle instances where a specific brand/model isn’t warranted would be the use of “or equivalent" language.

For example, let's say a design warranted a grinder pump be installed. The designer could specify that a "Zoeller model 807 grinder pump or equivalent" be installed. In this instance, it is clear that the brand/model is not important, only that it meets a minimum specification, and the installer can use a different but equivalent pump.

To summarize, it is important (and required) that installers only install systems “according to a design report approved by the local SSTS authority.” The local unit of government is required to, “review and either approve or deny the permit application before issuing a construction permit.”

In order to accomplish this review, the local unit of government must receive a permit application that contains, “exhibits necessary for issuing a permit … a site evaluation report, a design report, a management plan, and any other information requested by the local unit of government.” The creation of the site evaluation reports, design reports, and management plans in accordance with rule is the responsibility of the designer. All of these steps work in conjunction to ensure that systems which protect human health and the environment are installed in Minnesota.

Reminder on holding tanks and watertightness testing

Minnesota Rule 7080.2290 Item B states, “All tanks used as holding tanks must be tested for watertightness as specified in part 7080.2010, subpart 3.” What does this mean? Essentially, that every holding tank installed in Minnesota has been watertight tested prior to issuance of a certificate of compliance.

The reason for this requirement relates back to some of the reasons why holding tanks are employed and was explained in the Statement of Need and Reasonableness for this rule when it was adopted in 2008. Specifically, “these tanks are used specifically to retain the sewage usually due to poor soil or site conditions. Therefore, it is prudent to require that each of the tanks used as a holding tank be tested.”

Acceptable testing methods for holding tanks are one of the following, as appropriate: 
(1) when empty, a tank must maintain a vacuum of at least two inches of mercury for five minutes, without loss of pressure;
(2) concrete tanks must hold water for one hour, without loss, after the tank has been filled with water to the top of the tank, let stand for 24 hours, and then refilled to the same level; or
(3) fiberglass-reinforced polyester or polyethylene sewage tanks must hold water without loss for one hour after being filled.

The rule does not specify whom, or when, someone must complete the watertightness testing, only that it must be completed. As such, the tank manufacturer and installer should determine who will complete the watertightness testing. Designers should be requiring watertight tested tanks as a condition of the design and inspectors should be verifying watertightness testing completion prior to issuance of a Certificate of Compliance. All of these activities occurring together will ensure that adequate holding tanks are installed across the state.

Questions on this requirement can be directed to Cody Robinson or Brandon Montgomery.

2020 SSTS Annual Report due out this summer, reflects 100% response rate from all LGUs

New, replacement system installations up in 2020

Thanks to many of you, the next SSTS Annual Report will provide more useful information than ever before. That's because we are very pleased to report for the first time a 100% response rate from local governmental units (LGUs) that administer SSTS programs in Minnesota. The 2020 annual report survey was sent to 215 LGUs; 12 of these LGUs indicated they no longer have active programs as of 2020. Therefore, 203 reports were expected and 203 reports were received.

Thank you to all participating LGUs and SSTS professionals that helped achieve this accomplishment. This high response rate helps provide a clearer picture of how well the state is progressing toward our goal of identifying all SSTS in Minnesota and repairing or replacing those that do not protect our surface and groundwaters, and human health.

The 2020 SSTS Annual Report will be published this summer. In the meantime, here are just a few highlights from that report.

A total of 618,102 SSTS were reported across Minnesota, representing an estimated 42.3 billion gallons of wastewater treated by SSTS per year (assuming 2.5 person/system; 75 gal/person; 365 days/year).

LGUs issued a total of 12,368 construction permits for new and replacement systems in 2020. Systems are typically replaced due to failing to protect groundwater (FTPGW) or posing an imminent threat to public health and safety (ITPHS). The volume of wastewater generated from the 7,183 replacement systems brought into compliance in 2020 is estimated at 492 million gallons per year.

UMN seeks possible sites for "Earthbuster" septic system remediation study

In 2021, the University of Minnesota OSTP staff are planning to research the Earthbuster tool’s effectiveness at remediating drainfields that are ponded with effluent.

The Earthbuster uses compressed air to potentially increase oxygen levels in the soil to improve treatment and dispersal. The goal of the project is to find 10 trench (in-ground) systems that are likely compliant that have either fully ponded, wet to the surface, surfacing or causing back-up into the tank or home.

UMN OSTP staff will evaluate each system to determine suitability for the study. If a site meets the study criteria, the Earthbuster tool will be used on site and the UMN will monitor the system for three years to determine both short and long-term effectiveness. Continued monitoring will include:
1. septic tank effluent samples will be collected and analyzed for routine wastewater characteristics;
2. ponding level of effluent in trenches;
3. soil-oxygen levels; and
4. if possible, groundwater samples will be obtained to evaluate potential bacteria transport.

If you have a site(s) that may work for this research project please contact Sara Heger.

Homeowner Class Offering

In partnership with Lake County, the UMN Water Resource Center will be providing a free septic and well homeowner education class virtually this June. You do NOT need to be a resident of Lake County to attend. This class presents information on how septic systems and wells function along with the necessary maintenance and testing. Instructors will be Sara Heger and Anne Nelson.

June 24, 2021, 2 -- 4 PM

The MPCA has been distributing Clean Water Fund (CWF) grants to counties for SSTS purposes for nine years now. Over this period, the MPCA has distributed a total of $23,010,815 to 86 of Minnesota’s 87 counties (Ramsey County does not operate an SSTS program and does not qualify for CWF grant funding). This funding is covered in detail in a recent report to the Legislature that can be found here. Following are excerpts from the report.

CWF appropriations are divided into three grant opportunities for which county SSTS programs are eligible:
• SSTS Base Grants
• SSTS Low-Income Grants
• SSTS Incentive Grants

The SSTS low-income grant program distributes funding to county SSTS programs to provide grants to low-income homeowners who have failing SSTS needing to be upgraded or replaced. Low-income grant funds have been available and awarded for nine years, since FY13. Grant amounts available for this program are variable depending on a multitude of factors, including the amount of overall funding available for a particular year, the number of applications, and the amount of unspent funds each county has left over from previous years. 

Over the past nine years, the average distribution per county is $25,645. From FY13 through FY19, 980 projects received funding with the average project receiving $6,992.