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Effective April 28, 2015 Chapter Four Subsurface Sewage Treatment System Regulations <br />(5) If a compliance inspection for an existing system indicates that the system is noncompliant, the <br />notice must be signed by a licensed inspection business or qualified employee inspector with <br />jurisdiction, contain a statement of noncompliance and specify the reason for noncompliance or <br />each component as specified in Section 8.13(3). <br />8.13 Periodically saturated soil disagreements. <br />(1) If a documented discrepancy arises on the depth of the periodically saturated soil between licensed <br />businesses for SSTS design or compliance purposes, all disputing parties must follow the procedure <br />outlined in this subpart. <br />(2) One or more of the methods in units (A) to (C) must be employed. <br />(A) Obtain an opinion from a qualified employee of the Department or local permitting authority <br />with jurisdiction, if the Department or local permitting authority is willing to provide an <br />opinion. <br />(B) Obtain an opinion from an SSTS technical evaluation committee, if a committee has been <br />developed for this purpose and is available and willing to render an opinion. The committee <br />must be created in cooperation with the commissioner. <br />(C) Obtain an opinion from a Minnesota licensed professional soil scientist who is a certified <br />SSTS designer or inspector and who is independent of, and agreed upon by, both parties. <br />(D) If options under Section 8.13 (2)(A) or Section 8.13(2)(B) are not viable, an opinion must be <br />rendered under Section 8.13(2)(C). <br />(3) If opinions rendered in items Section 8.13 (1) or Section 8.14 (2) do not resolve the dispute, all <br />initial and follow-up documents and information generated must be submitted to the Department or <br />local unit of government. The Department or local unit of government shall take into consideration <br />all information and opinions rendered and make a final judgment. The Department or local unit of <br />government shall render findings of fact, conclusions of law, and findings setting forth the reasons <br />for any final decisions it renders. <br />(4) If a documented discrepancy arises on the depth of the periodically saturated soil between an SSTS <br />licensed business and the Department or local unit of government for SSTS design or compliance <br />purposes, all disputing parties shall follow the procedure outlined in this item. <br />(A) The Department or local unit of government and the licensed business must meet at the <br />disputed site in an attempt to resolve differences. <br />(B) If the provision in Section 8.13 (4)(A) does not resolve differences, then one or more of the <br />methods in Section 8.13 (2)(B) or Section 8.13 (2)(C), are allowed to be employed. <br />(C) If opinions in Section 8.13 (4)(B) are not sought or do not resolve the dispute, the <br />Department or local unit of government shall take into consideration all information and <br />opinions rendered and make a final judgment. The Department or local unit of government <br />shall render findings of fact, conclusions of law, and findings setting forth the reasons for <br />any final decisions they render. <br />(5) Upon resolution of a dispute, amendments to initial disputed documents containing the resolution <br />shall be made and submitted to the Department and all other parties involved. <br />33 Washington County Development Code <br />