HF 3459

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 01:24pm

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, subdivision 3.

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 new text begin and duties new text end .

(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 new text begin or making amendments to rules new text end 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.

new text begin (d) The agency shall work in collaboration with the advisory committee and its
partner local units of government to create elective enhanced subsurface sewage treatment
standards that a local unit of government may opt to incorporate into their ordinance
where the local unit of government believes additional regulation is necessary to achieve
the goals of this section.
new text end

new text begin (e) The agency shall provide the local units of government an annual summary of all
subsurface sewage treatment system complaints received, general status of each complaint
and number of enforcement actions taken, and monetary penalties collected.
new text end

Sec. 2. 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. A county must continue to enforce its
current ordinance until a new one has been adopted.
new text end

new text begin (b) The advisory committee defined under Minnesota Statutes, section 115.55,
subdivision 1, paragraph (b), 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 within 30 days of receipt,
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

new text begin (c) The advisory committee and the Pollution Control Agency shall work in
collaboration on amendments to the agency rules adopted on February 4, 2008, and any
subsequent amendments. The advisory committee shall make specific recommendations
on the rules and any subsequent amendments.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end