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15 LOCAL ISTS PROGRAMS 7082.0700 Subp. 5. Periodically saturated soil disagreements. A. If a documented discrepancy arises on the depth of the periodically saturated soil between licensed businesses for SSTS design or compliance purposes, all disputing parties must follow the procedure outlined in this subpart. (1) All local dispute resolution procedures must be followed. (2) If no local dispute resolution procedures exist, the disputing parties must meet at the disputed site in an attempt to resolve differences. (3) If the provision in subitem (2) does not resolve the differences, then one or more of the methods in units (a) to (c) must be employed. (a) Obtain an opinion from a qualified employee of the local permitting authority with jurisdiction, if the local permitting authority is willing to provide an opinion. (b) Obtain an opinion from an SSTS technical evaluation committee, if a committee has been developed for this purpose and is available and willing to render an opinion. The committee must be created in cooperation with the commissioner. (c) Obtain an opinion from a Minnesota licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties. (d) If options under unit (a) or (b) are not viable, an opinion must be rendered under unit (c). (4) If opinions rendered in subitem (2) or (3) do not resolve the dispute, all initial and follow-up documents and information generated must be submitted to the local unit of government. The local unit of government shall take into consideration all information and opinions rendered and make a final judgment. The local unit of government shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions it renders. B. If a documented discrepancy arises on the depth of the periodically saturated soil between an SSTS licensed business and a local unit of government for SSTS design or compliance purposes, all disputing parties shall follow the procedure outlined in this item. (1) The local unit of government and the licensed business must meet at the disputed site in an attempt to resolve differences. (2) If the provision in subitem (1) does not resolve differences, then one or more of the methods in item A, subitem (3), unit (b) or (c), are allowed to be employed. (3) If opinions in subitem (2) are not sought or do not resolve the dispute, the local unit of government shall take into consideration all information and opinions rendered and make a final judgment. The local unit of government shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions they render. C. Upon resolution of a dispute, amendments to initial disputed documents containing the resolution shall be made and submitted to the local unit of government and all other parties involved. Statutory Authority: MS s 115.03; 115.55 History: 32 SR 1413; 35 SR 1353 Published Electronically: March 11, 2011 Copyright ©2014 by the Rev so of Statutes, State of Minnesota. All Rights Reserved.