HF 209

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2011 09:57am

A bill for an act
relating to environment; modifying subsurface sewage treatment system
replacement and upgrade requirements; appropriating money; amending
Minnesota Statutes 2010, section 115.55, subdivision 5a.

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

Section 1.

Minnesota Statutes 2010, section 115.55, subdivision 5a, is amended to read:

Subd. 5a.

Inspection criteria for existing systems.

(a) An inspection of an existing
system must evaluate the criteria in paragraphs (b) to (i).

(b) If the inspector finds one or more of the following conditions:

(1) sewage discharge to surface water;

(2) sewage discharge to ground surface;

(3) sewage backup; or

(4) any other situation with the potential to immediately and adversely affect or
threaten public health or safety,

then the system constitutes an imminent threat to public health or safety and, if not
repaired, must be upgraded, replaced, or its use discontinued within deleted text begin ten deleted text end new text begin 20 new text end months of
receipt of the notice described in subdivision 5b deleted text begin , or within a shorter period of time if
required by local ordinance deleted text end .

(c) A system constructed before April 1, 1996, that has none of the conditions in
paragraph (b), and has at least two feet of soil separation need not be upgraded, repaired,
replaced, or its use discontinued, notwithstanding any local ordinance that is more
restrictive.

(d) Paragraph (c) does not apply to systems in shoreland areas regulated under
sections 103F.201 to 103F.221, wellhead protection areas as defined in section 103I.005,
or those used in connection with food, beverage, and lodging establishments regulated
under chapter 157.

(e) If the local unit of government with jurisdiction over the system has adopted an
ordinance containing local standards pursuant to subdivision 7, the existing system must
comply with the ordinance. If the system does not comply with the ordinance, it must be
upgraded, replaced, or its use discontinued according to the ordinance.

(f) If a seepage pit, drywell, cesspool, or leaching pit exists and the local unit
of government with jurisdiction over the system has not adopted local standards to the
contrary, the system is failing and must be upgraded, replaced, or its use discontinued
within the time required by subdivision 3 or local ordinance.

(g) If the system fails to provide sufficient groundwater protection, then the local
unit of government or its agent shall order that the system be upgraded, replaced, or its use
discontinued within the time required by rule or the local ordinance.

(h) The authority to find a threat to public health under section 145A.04, subdivision
8, is in addition to the authority to make a finding under paragraphs (b) to (d).

(i) Certified inspectors must use the existing system inspection form provided by
the agency. The inspection information required by local ordinance may be included as
an attachment to the state form. The following language must appear on the standard
form: "If an existing system is not failing as defined in law, and has at least two feet of
design soil separation, then the system need not be upgraded, repaired, replaced, or its use
discontinued, notwithstanding any local ordinance that is more strict. This does not apply
to systems in shoreland areas, wellhead protection areas, or those used in connection with
food, beverage, and lodging establishments as defined in law."

Sec. 2. new text begin APPROPRIATION; SSTS UPGRADE AND REPLACEMENT GRANTS.
new text end

new text begin (a) $....... is appropriated in fiscal year 2012 from the clean water fund to the
commissioner of the Pollution Control Agency for grants to local units of government
to provide financial assistance to property owners for the upgrade or replacement of
noncompliant subsurface sewage treatment systems that:
new text end

new text begin (1) are existing systems identified as noncompliant through inspections required
under Minnesota Statutes, section 115.55, subdivision 5; and
new text end

new text begin (2) if replaced or upgraded, will protect, enhance, or restore water quality in lakes,
rivers, or streams or protect groundwater from degradation.
new text end

new text begin (b) A local unit of government must have an ordinance in compliance with
Minnesota Statutes, section 115.55, that is in full force and effect in order to be eligible
for grants under this section. All repairs and improvements made to subsurface sewage
treatment systems under this section must be performed by a licensed subsurface sewage
treatment system professional and must comply with Minnesota Statutes, section 115.55,
and other applicable requirements.
new text end