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5 MIDSIZED SUBSURFACE SEWAGE TREATMENT SYSTEMS 7081.0080 protection outcomes in part 7081.0080, subparts 2 to 5. Variances may be granted to part 7081.0080, subpart 4, item D, subitem (1), for replacement MSTS serving existing dwellings or other establishments. Statutory Authority: MS s 115.03; 115.55 History: 32 SR 1400 Published Electronically: March 11, 2011 7081.0080 PERFORMANCE AND COMPLIANCE CRITERIA. Subpart 1. General. New construction, replacement, or existing MSTS designed under this chapter are considered conforming if they meet the requirements of this part. Existing MSTS constructed before February 4, 2008, are considered conforming if they meet the requirements of this part, except for subpart 4, items D and E. Subp. 2. Treatment required. All sewage discharged from a dwelling or other establishment not served by a system issued a permit containing effluent and discharge limits or specific monitoring requirements by the agency must be treated according to local ordinances that comply with this chapter, chapter 7082, and Minnesota Statutes, section 115.55. Subp. 3. Public health and safety; imminent threat. A. To be in compliance, all MSTS must: (1) have treatment processes and devices that do not allow sewage or sewage effluent contact with humans, insects, or vermin; (2) disperse sewage effluent into soil or sand below final grade, with the effluent remaining below final grade; (3) not discharge to drainage tile, the ground surface, or surface water or back up sewage into dwellings or other establishments; (4) treat and disperse sewage effluent in a safe manner, including protection from physical injury and harm; and (5) not have received hazardous material. B. MSTS must be deemed an imminent threat to public health or safety for noncompliance with item A and any other condition that poses an imminent threat as determined by a qualified employee MSTS inspector or licensed MSTS inspection business. Subp. 4. Groundwater protection. To be in compliance, all MSTS must: A. meet the requirements of part 7080.1500, subpart 4, item D; B. not be seepage pits, cesspools, drywells, leaching pits, sewage tanks, and treatment vessels that observably leak below the designated operating depth; C. not allow viable fecal organisms to contaminate underground waters or zones of seasonal saturation; D. employ nitrogen reduction processes that reduce nitrogen contribution to groundwater as determined in subitem (1) or (2): (1) if the discharge from an MSTS will impact water quality of an aquifer, as defined in part 4725.0100, subpart 21, the effluent from an MSTS, in combination with the effective recharge to the Copyright ©2014 by the Rev so of Statutes, State of Minnesota. All Rights Reserved.