R 299.2935 Engineering reports; basis of design; minimum requirements.

Rule 35. (1) Before submission of plans and specifications, an engineering report or basis of design, or both, must be submitted to the department for review and approval. (2) An engineering report is required for all proposed projects dealing with construction of treatment facilities and major sewer systems. The engineer, when preparing the report, shall consider the material set forth under the engineering report section of the recommended standards for wastewater facilities, which can be found at https://www.health.state.mn.us/communities/environment/water/tenstates/index.html, wherever applicable, to the facility for which the report is being prepared. (3) A basis of design must be required for all proposed projects and may be included in the engineering report. Basis of design forms for treatment facilities and pump stations are available from the division office. The basis of design for sewer systems must include, depending on applicability to the sewer system for which the basis of design is being prepared, but are not necessarily limited to, the following: (a) A general map of the service area showing the location of the existing and proposed sewer system. (b) The service area in acres. (c) The present and future population densities per acre and total population. (d) The present and future per capita sewage contribution, average and maximum. (e) A description of commercial and industrial waste contributions. (f) The present and design flow rates, average and maximum. (g) The size of pipe, grade, and, if appropriate, the size of pump station, number and capacity of pumps, size and length of force main, and point of discharge. (h) An analysis of the effect of the proposed additional flows on the existing sewerage system. (i) A detailed explanation of steps to be taken if there is a power failure or equipment breakdown, including a description of special reserve units available for emergency treatment, storage, or transportation of the wastewater. (j) An analysis and determination as to the applicability of R 323.1311 to R 323.1329. (4) If the construction or alteration proposed is for a privately owned sewer or sewerage system, or portion thereof, serving the public, the permit application must require proof of the completion of the following, before the department issues a construction permit: (a) Proof of recordation of a notification of responsibility form acceptable to the department across each parcel served by the sewer or sewerage system. (b) A resolution and agreement of its governing body by the city, village, or township where the proposed sewer or sewerage system is to be located accepting or not accepting operational responsibility of the sewer or sewerage system should the private owner fail to properly operate or maintain the sewer or sewerage system. If the city, village, or township refuses to accept operational responsibility, the owner of the privately owned, publicly used sewerage shall comply with subrules (4)(c) and (4)(d) of this rule. (c) An asset management plan on a form acceptable to the department. The asset management plan must provide for the continued operation, maintenance, and funding of the repairs and replacements of the sewer or sewerage system in accordance with the requirements of the act and these rules. The owner of the constructed sewer or sewerage system shall comply with the department-approved asset management plan and update it periodically, as necessary. (d) An escrow account or letter of credit, payable to the department that is the greater of either $20,000.00 or 20% of the total replacement cost of the whole privately owned, publicly used sewer or sewerage system, but not more than $100,000.00. The department may withdraw money from the escrow account or letter of credit to cause deficiencies to be corrected if the sewer or sewerage system is not operated or maintained as necessary to protect the public health and the environment. If it is necessary for the department to withdraw money from the escrow account or letter of credit, the money must be replaced within 90 days by the developer, private owner, or organization then responsible for the sewer or sewerage system. (e) The department may reduce or eliminate the need for an escrow account or letter of credit established under this rule after 10 years of operation and maintenance considered satisfactory by the department. (f) Before the transfer of ownership of a privately owned, publicly used sewer or sewerage system, a private purchaser shall comply with this subrule.