Current through Register Vol. 49, No. 13, September 23, 2024
A. Manufacturers
shall register their proprietary treatment products with the commissioner by
submitting a complete application in the format prescribed by the commissioner,
including:
(1) the manufacturer's name,
mailing address, street address, and telephone number;
(2) the contact individual's name, title,
mailing address, street address, and telephone number. The contact individual
must be a company official with the authority to represent the manufacturer in
this capacity;
(3) the name,
including specific brand and model, of the proprietary treatment
product;
(4) a description of the
function of the proprietary treatment product along with any known limitation
of the use of the product;
(5)
product description and technical information, including process flow drawings
and schematics, materials and characteristics, component design specifications,
design capacity, volumes and flow assumptions and calculations, components,
dimensioned drawings, and photos;
(6) for treatment systems in Category B,
daily capacity of the model or models provided in pounds per day of
CBOD5;
(7)
siting and installation requirements;
(8) a detailed description, procedure, and
schedule of routine service and system maintenance events;
(9) estimated operational costs for the first
five years of the treatment component's life including estimated annual
electricity usage and routine maintenance costs, including replacement of
parts;
(10) identification of
information requested to be protected from disclosure of trade secrets or
confidential business information;
(11) copies of product brochures and manuals,
such as sales, promotional, design, installation, operation, and maintenance
materials and homeowner instructions;
(12) the most recently available product test
protocol and results report;
(13)
all available product testing results, including a listing of state approvals
and denials;
(14) a signed and
dated certification by the manufacturer's authorized senior executive or
authorized agent specifically including the following statement: "I certify
that I represent (INSERT MANUFACTURING COMPANY HERE) and I am authorized to
prepare or direct the preparation of this application for registration. I
attest, under penalty of law, that this document and all attachments are true,
accurate, and complete. I understand and accept that the product testing
results reported in this application for registration are the parameters and
values to be used for determining conformance with treatment system performance
testing levels established in Minnesota Rules, part
7083.4030.";
(15) a signed and dated certification from
the testing entity including the statement: "I certify that I represent (INSERT
TESTING ENTITY NAME) and I am authorized to report the testing results for this
proprietary product. I attest, under penalty of law, that the report about the
test protocol and results is true, accurate, and complete."; and
(16) a technology review fee if allowed by
law.
B. Manufacturers
shall submit each proprietary product for registration to the commissioner.
Products within a single series or model line, sharing distinct similarities in
design, materials, and capabilities, are allowed to be registered under a
single application, consistent with their test protocols for the certification
of other products within a product series. Products outside of the series or
model line must be registered under separate applications.
C. Upon receipt of the application, the
commissioner shall, within 60 days:
(1)
review the application and verify the application for compliance with item
A;
(2) if the application is not in
compliance with item A, return the application for resubmittal with the
requested information for full compliance with item A; and
(3) if the application is complete and the
commissioner determines that the product meets or exceeds all applicable
protocols, the commissioner shall place the product on the list of registered
treatment devices. The list of registered treatment devices shall be maintained
on the agency Web site.
D. Registrations are valid for up to three
years, expiring on December 31 of the third year of registration, unless the
product is recalled for any reason, found to be defective, or no longer
available.
E. To renew technology
registration, a manufacturer shall:
(1)
submit a request for renewal of product registration at least 30 days before
the current registration expires, using the form or in the format prescribed by
the commissioner;
(2) submit the
results of retesting if the product has completed retesting according to the
protocol required for registration and a report from the testing entity has
been issued since initial registration or previous renewal. Renewal must be
based on the most recent test results; and
(3) provide an affidavit to the commissioner
certifying whether the product has changed over the previous three years. If
the product has changed, the affidavit must include a full description of the
changes and how the changed product fulfills the requirements for initial
registration.
F. As part
of the product registration renewal, the commissioner shall:
(1) request field assessment comments from
local units of government no later than October 31 for product
renewal;
(2) discuss with the
Technical Advisory Panel of the advisory committee established under part
7083.6000 any field assessment
information that impacts product registration renewal;
(3) notify the manufacturer of any product to
be discussed with the Technical Advisory Panel, prior to discussion with the
Technical Advisory Panel, regarding the nature of comments received;
and
(4) renew, modify, or deny the
product registration, based on information received during the renewal
process.
G. The
commissioner shall maintain a readily available list of proprietary treatment
products meeting the registration requirements established in this chapter. The
product registration is a condition of approval for use.
H. A manufacturer shall have readily
accessible information, specific to a product's registered use in Minnesota,
for designers, regulators, system owners, and other interested parties about
the product, including but not limited to:
(1) a product manual;
(2) design instructions;
(3) installation instructions;
(4) information regarding operation and
maintenance;
(5) homeowner
instructions; and
(6) a list of
representatives and manufacturer-certified service providers, if any.
Statutory Authority: MS s
115.03;
115.55
