HF 2331

as introduced - 89th Legislature (2015 - 2016) Posted on 05/14/2015 09:33am

A bill for an act
relating to environment; modifying permit requirements for subsurface sewage
treatment systems; amending Minnesota Statutes 2014, section 115.55, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 115.55, is amended by adding a
subdivision to read:

new text begin Subd. 14. new text end

new text begin Design flow determinations; required permits. new text end

new text begin (a) The owner of a single
subsurface sewage treatment system or multiple subsurface sewage treatment systems
must obtain a state disposal system permit from the agency according to Minnesota Rules,
chapter 7001, when a new soil dispersal system, as defined under Minnesota Rules, chapter
7080, is installed or an existing soil dispersal system is expanded or replaced and the design
flow for any one subsurface sewage treatment system is greater than 10,000 gallons per day.
new text end

new text begin (b) A state disposal system permit is not required under paragraph (a) if a factor of
safety is added to the design flow that results in a total design flow in excess of the state
disposal system permit threshold.
new text end

new text begin (c) If the combined design flow of multiple subsurface sewage treatment systems
under single ownership with soil dispersal components within one-half mile of each other is
greater than 10,000 gallons per day, but the design flow from no single subsurface sewage
treatment system is greater than 10,000 gallons per day, the owner must obtain an operating
permit from the local unit of government and must obtain a certificate of compliance
according to Minnesota Rules, part 7082.0700, subpart 3. The operating permit must:
new text end

new text begin (1) conform with Minnesota Rules, part 7082.0600, subpart 2;
new text end

new text begin (2) require flow measurement;
new text end

new text begin (3) require a service provider to ensure proper monitoring; and
new text end

new text begin (4) impose operating, maintenance, and monitoring requirements by system type
according to Minnesota Rules, chapter 7080.
new text end

new text begin (d) The design flow under paragraphs (a) and (c) is determined by:
new text end

new text begin (1) estimating flow according to Minnesota Rules, part 7081.0110, with the option to
average the maximum seven-day estimated flow according to design guidance for other
establishments, as defined under Minnesota Rules, chapter 7081; or
new text end

new text begin (2) measuring flow according to Minnesota Rules, part 7081.0110, with the option
to use existing flow data or extrapolated flow data from a similar other establishment
containing the average maximum seven-day measured flow according to design guidance.
new text end

new text begin (e) The advisory committee must establish an appeals process for disputed design
flow determinations. The advisory committee must form a subcommittee to hear appeals.
The appeals process is not subject to the rulemaking requirements of chapter 14, and
section 14.386 does not apply.
new text end