Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Local government may issue.
A local unit of government is authorized to issue a product
development permit (PDP) for any proprietary treatment component or sequence
during the development period. A local unit of government is authorized to
grant a PDP to a Type I, Type II, or Type III system, as described under parts
7080.2200 to
7080.2300. A local unit of
government is also authorized to grant a PDP to a Type IV system, as described
under part
7080.2350, if treatment levels of
the technologies meet or exceed requirements in the operating permit. The PDP
is not an alternative to testing and registration.
Subp. 2.
Application contents.
An application for a PDP must include:
A. proof of an existing conforming system in
compliance with all local requirements or a permit for a conforming system. The
conforming system must be installed in its entirety before the PDP becomes
valid;
B. a description of the
product under development, including performance goals and a description of how
the system will be used to treat sewage;
C. documentation by the manufacturer that
provides for financial assurances to protect the owner, licensed businesses,
and local units of government from claims and provides that the manufacturer
will cover the correction of any potential public health threats or
environmental damage resulting from the use of the product under development.
Instruments of financial assurance include: an irrevocable letter of credit in
the amount required by the local unit of government issued by an entity
authorized to issue letters of credit in Minnesota; cash or a security deposit
payable to the local unit of government in the amount required by the local
unit of government; or any other financial assurance that satisfies the local
unit of government;
D.
documentation signed by the owner of the proposed product development site
allowing access to the local unit of government and the agency and its
employees or agents for inspection of the site;
E. an agreement to obtain all other required
permits;
F. a declaration that the
applicant meets all state requirements; and
G. other information required by the local
unit of government.
Subp.
3.
Additional requirements.
A. The local unit of government is authorized
to stipulate additional requirements for a PDP necessary to ensure the
performance of the conforming system, including, but not limited to, providing
performance data to the local unit of government.
B. The system owner shall consent in writing
to allow the manufacturer access to the system for the duration of the
permit.
C. The product tester shall
agree in writing to contact utility companies before excavation.
D. The manufacturer and product tester shall
agree in writing to hold harmless, indemnify, and defend the agency and local
unit of government from any conduct by the manufacturer or product tester that
causes harm or injury to the site owner's property and indemnifies the agency
and local unit of government from such claims.
Subp. 4.
PDP required for each
site.
A PDP is a site-specific permit. Product development at
multiple sites requires a PDP for each site.
Subp. 5.
Product developer has
control.
During the term of the PDP, product development, testing, and
sampling are under the full control of the product developer and all data
collected is considered proprietary information.
Subp. 6.
PDP duration.
A PDP is valid for one year unless renewed by the local unit
of government.
Subp. 7.
End of PDP period.
The product development period is over when the original PDP
or any subsequently renewed permits have expired. At that time, the product
developer shall, at the direction of the local unit of government, remove the
product under development from the site, restore the real property to its
original condition, and reestablish all appropriate plumbing and power
connections for the conforming system.
Subp. 8.
Revocation or amendment of
PDP.
The local unit of government is authorized to revoke or amend
a PDP:
A. if the continued operation
or presence of the product under development presents a risk to the public
health or the environment, causes adverse effects on the proper function of the
conforming system on the site, or leaks or discharges sewage on the surface of
the ground;
B. if the product
developer fails to comply with any requirement stipulated on the permit by the
local unit of government; or
C.
upon request of the site owner.
Statutory Authority: MS s
115.03;
115.55
