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HF 2634

as introduced - 87th Legislature (2011 - 2012) Posted on 03/29/2012 03:40pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/05/2012

Current Version - as introduced

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A bill for an act
relating to environment; providing for alternative local standards for subsurface
sewage treatment systems; requiring rulemaking; amending Minnesota Statutes
2010, section 115.55, subdivision 7.

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

Section 1.

Minnesota Statutes 2010, section 115.55, subdivision 7, is amended to read:


Subd. 7.

Local standards.

(a) Existing systems. Counties may adopt by ordinance
local standards that are less restrictive than the agency's rules in order to define an
acceptable existing system. The local standards may include soil separation, soil
classification, vegetation, system use, localized well placement and construction, localized
density of systems and wells, extent of area to be covered by local standards, groundwater
flow patterns, and existing natural or artificial drainage systems. The local standards
and criteria shall be submitted to the commissioner for comment prior to adoption to
demonstrate that, based on local circumstances in that jurisdiction, they adequately protect
public health and the environment.

(b) New or replacement systems. Counties, after providing documentation of
conditions listed in this paragraph to the commissioner, may adopt by ordinance local
standards that are less restrictive than the agency's rules for new system construction or
replacement in areas of sustained and projected low population density where conditions
render conformance to applicable requirements difficult or otherwise inappropriate.
Documentation may include a map delineating the area of the county to be served by the
local standards, a description of the hardship that would result from strict adherence to the
agency's rules, and evidence of sustained and projected low population density. The local
standards must protect human health and the environment and be based on considerations
that may include, but need not be limited to, soil separation, soil classification, vegetation,
system use, localized well placement and construction, localized density of systems
and wells, extent of area to be covered by local standards, groundwater flow patterns,
and existing natural or artificial drainage systems. The local standards must provide
cost-effective and long-term treatment alternatives. The draft ordinance incorporating the
local standards must be submitted with justification to the commissioner 30 days before
adoption for review and comment.

(c) New or replacement systems; local ordinances. A local unit of government
may adopt and enforce ordinances or rules affecting new or replacement subsurface
sewage treatment systems that are more restrictive than the agency's rules. A local unit
of government may not adopt or enforce an ordinance or rule if its effect is to prevent or
delay recording with the county recorder or registrar of titles of a deed or other instrument
that is otherwise entitled to be recorded.

(d) Local standards; conflict with state law. Local standards adopted under
paragraph (a) or (b) must not conflict with any requirements under other state laws or rules
or local ordinances, including, but not limited to, requirements for:

(1) systems in shoreland areas, regulated under sections 103F.201 to 103F.221;

(2) well construction and location, regulated under chapter 103I; and

(3) systems used in connection with food, beverage, and lodging establishments,
regulated under chapter 157.

new text begin Alternative local standards for new or replacement residential systems with flow of
2,500 gallons per day or less may be applied to systems listed in clause (1), provided the
alternative standards are no less stringent than provisions of Minnesota Rules, chapter
7080, that went into effect on April 3, 2006. In addition, alternative local standards for
new or replacement systems with flow of 2,500 gallons per day or less may be applied to
systems listed in clause (3), provided the alternative standards are no less stringent than
provisions of Minnesota Rules, chapter 7080, that went into effect on April 3, 2006,
except that the waste strength must meet the standards established in Minnesota Rules,
part 7080.2150, subpart 3, item K. If additional treatment of waste is needed to meet this
standard, the treatment must be in accordance with Minnesota Rules, part 7080.2150,
subpart 3, item A.
new text end The local standards must include references to applicable requirements
under other state laws or rules or local ordinances.new text begin Nothing in this paragraph prevents
a local subsurface sewage treatment system ordinance from including provisions of the
current rule as part of the alternative local standards.
new text end

Sec. 2. new text begin RULEMAKING.
new text end

new text begin The commissioner of the Pollution Control Agency must amend Minnesota Rules
to conform to section 1. The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388.
new text end