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41 SSTS CREDENTIALING AND PRODUCT REGISTRATION 7083.4120 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 History: 32 SR 1420 Published Electronically: March 11, 2011 7083.4120 PRODUCT REGISTRATION CONTESTED CASE HEARING. A person whose application for product registration under part 7083.4040, item A, has been denied in whole or in part may petition the agency to hold a contested case hearing under Minnesota Statutes, chapter 14. To be considered by the agency, the petition must be submitted within 30 days after the person receives written notice of the commissioner's proposed action and must comply with part 7000.1800. The commissioner must grant the petition for a contested case hearing if the commissioner finds that the criteria in part 7000.1900 have been met. Final agency decisions following contested case hearings must be made according to parts 7000.2000 to 7000.2200. Statutory Authority: MS s 115.03; 115.55 History: 32 SR 1420; 35 SR 1353 Published Electronically: March 11, 2011 Copyright ©2014 by the Rev so of Statutes, State of Minnesota. All Rights Reserved.