Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Proprietary media.
Manufacturers shall obtain registration of their proprietary
media with the commissioner by submitting a complete application in the format
prescribed by the commissioner, including:
A. the manufacturer's name, mailing address,
street address, and telephone number;
B. the contact individual's name, title,
mailing address, street address, and telephone number. The contact individual
must be vested with the authority to represent the manufacturer in this
capacity;
C. the name, including
specific brand and model, of the proprietary distribution product;
D. a description of the function of the
distribution medium along with any known limitations on its use;
E. a description of the medium and technical
information, including schematics; materials and characteristics; component
design specifications; design capacity; volumes and flow assumptions and
calculations; components; and dimensioned drawings, photos, application, and
use;
F. siting and installation
requirements;
G. a detailed
description, procedure, and schedule of routine service and system maintenance
events;
H. identification of
information requested to be protected from disclosure of trade
secrets;
I. copies of product
brochures and manuals, such as sales, promotional, design, installation,
operation, and maintenance materials and homeowner instructions;
J. a quantitative description of the
trench-bottom and sidewall absorption area or sizing criteria for drip
dispersal systems for each model seeking registration. Manufacturers'
quantitative description of the absorption area must be based on the surface
area of the product that infiltrates effluent into the soil;
K. all available product testing results,
including a listing of state approvals and denials;
L. a statement from a licensed professional
engineer that certifies the technology meets the standards established in part
7083.4070;
M. a signed and dated certification by the
manufacturer's senior executive or 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.";
N. a signed and dated certification from the
licensed professional engineer including the statement: "I certify that I
represent (INSERT PROFESSIONAL ENGINEERING FIRM NAME) and that I am authorized
to certify the performance for the proprietary distribution product presented
in this application. I attest, under penalty of law, that the technology report
is true, accurate, and complete."; and
O. a technology review fee if allowed by
law.
Subp. 2.
Proprietary media products.
Manufacturers shall submit proprietary media products 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. Products outside of the
series or model line must be registered under separate applications.
Subp. 3.
Commissioner
review.
Upon receipt of the application, the commissioner
shall:
A. review the application and
verify the application for compliance with subpart
1;
B. if the application is not in compliance
with subpart
1, return the application for
resubmittal with the requested information for full compliance with subpart
1; or
C. 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 distribution
products. The list of registered distribution products will be maintained on
the agency Web site.
Subp.
4.
Duration of registration.
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.
Subp. 5.
Renewal.
To renew a proprietary distribution product registration, a
manufacturer shall:
A. 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; and
B. 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.
Subp. 6.
Commissioner review.
As part of the product registration renewal, the commissioner
shall:
A. request field assessment
comments from local units of government no later than October 31 for product
renewal;
B. discuss with the
Technical Advisory Panel of the advisory committee established under part
7083.6000 any field assessment
information that affects product registration renewal;
C. notify the manufacturer of any product to
be discussed with the Technical Advisory Panel, prior to discussion with the
panel, regarding the nature of comments received; and
D. renew, modify, or deny the product
registration based on information received during the renewal
process.
Subp. 7.
List.
The commissioner shall maintain a list of readily available
proprietary distribution products meeting the registration requirements
established in this part. The product registration is a condition of approval
for use.
Subp. 8.
Manufacturer information.
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:
A. a product
manual;
B. design
instructions;
C. installation
instructions;
D. information
regarding operation and maintenance;
E. system owner instructions; and
F. a list of representatives and
manufacturer-certified service providers, if any.
Statutory Authority: MS s
115.03;
115.55
