HF 3459

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:35am

A bill for an act
relating to environment; delaying local ordinance adoption requirements
regarding subsurface sewage treatment systems and modifying certain advisory
committee requirements; amending Minnesota Statutes 2009 Supplement,
section 115.55, subdivisions 3, 12.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 115.55, subdivision 3, is
amended to read:

Subd. 3.

Rules.

(a) The agency shall adopt rules containing minimum standards and
criteria for the design, location, installation, use, maintenance, and closure of subsurface
sewage treatment systems. The rules must include:

(1) how the agency will ensure compliance under subdivision 2;

(2) how local units of government shall enforce ordinances under subdivision 2,
including requirements for permits and inspection programs;

(3) how the advisory committee will participate in review and implementation of
the rules;

(4) provisions for nonstandard systems and performance-based systems;

(5) provisions for handling and disposal of effluent;

(6) provisions for system abandonment; and

(7) procedures for variances, including the consideration of variances based on cost
and variances that take into account proximity of a system to other systems.

(b) The agency shall deleted text begin consult deleted text end new text begin work in collaboration new text end with the advisory committee
before adopting rules under this subdivision.

(c) The rules required in paragraph (a) must also address the following:

(1) a definition of redoximorphic features and other criteria that can be used by
system designers and inspectors;

(2) direction on the interpretation of observed soil features that may be
redoximorphic and their relation to zones of periodic saturation; and

(3) procedures on how to resolve professional disagreements on periodically
saturated soils.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 115.55, subdivision 12, is
amended to read:

Subd. 12.

Advisory committee; county subsurface sewage treatment system
management plan new text begin and rules new text end .

(a) A county may adopt a subsurface sewage treatment
system management plan that describes how the county plans on carrying out subsurface
sewage treatment system needs. The commissioner of the Pollution Control Agency shall
form an advisory committee to determine what the plans should address. The advisory
committee shall be made up of representatives of the Association of Minnesota Counties,
Pollution Control Agency, Board of Water and Soil Resources, Department of Health, and
other public agencies or local units of government that have an interest in subsurface
sewage treatment systems.

(b) The advisory committee shall advise the agency on the standards, management,
monitoring, and reporting requirements for performance-based systems.

new text begin (c) The advisory committee shall work in collaboration with the agency on
amendments to agency rules made under this section.
new text end

Sec. 3. new text begin SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
ADOPTION DELAY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may
adopt an ordinance to comply with the revisions to subsurface sewage treatment system
rules adopted February 4, 2008, within four years.
new text end

new text begin (b) The advisory committee established under Minnesota Statutes, section 115.55,
subdivision 12, shall submit written comments on the subsurface sewage treatment system
rules adopted February 4, 2008, to the commissioner of the Pollution Control Agency.
The commissioner shall provide the advisory committee with written acknowledgment of
all advisory committee recommendations, including an indication of whether the agency
will follow each recommendation of the advisory committee and explanations of why the
agency proposes not to follow any particular recommendation of the advisory committee.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end