HF 2826

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to the environment; specifying compliance 
  1.3             requirements for certain existing individual sewage 
  1.4             treatment systems; amending Minnesota Statutes 1994, 
  1.5             section 115.55, subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 115.55, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [INSPECTION.] (a) Except as provided in paragraph 
  1.10  paragraphs (b) and (c), after December 31, 1995, a local unit of 
  1.11  government may not issue a building permit or variance for new 
  1.12  construction or replacement of a system, as defined by agency 
  1.13  rule, or for the addition of a bedroom or bathroom on property 
  1.14  served by a system unless the system is in compliance with the 
  1.15  applicable requirements, as evidenced by a certificate of 
  1.16  compliance issued by a licensed inspector or site evaluator or 
  1.17  designer. 
  1.18     (b) In areas that are not subject to ordinances adopted 
  1.19  under subdivision 2, a compliance inspection under this 
  1.20  subdivision is required only for new construction or replacement 
  1.21  of a system, as defined by agency rule. 
  1.22     (c) Before January 1, 2001, this subdivision does not apply 
  1.23  to existing systems that were installed between January 1, 1986, 
  1.24  and January 1, 1996, and were in compliance with applicable 
  1.25  requirements at the time of installation.  
  2.1      (d) If a system inspected under this subdivision is not in 
  2.2   compliance with the applicable requirements, the inspector or 
  2.3   site evaluator or designer must issue a notice of noncompliance 
  2.4   to the property owner and must provide a copy of the notice to 
  2.5   the local unit of government to which application for the 
  2.6   building permit or variance was made.  If the inspector or site 
  2.7   evaluator or designer finds that the system presents an imminent 
  2.8   threat to public health or safety, the inspector or site 
  2.9   evaluator or designer must include a statement to this effect in 
  2.10  the notice and the property owner must upgrade, replace, or 
  2.11  discontinue use of the system within ten months of receipt of 
  2.12  the notice. 
  2.13     Sec. 2.  [EFFECTIVE DATE.] 
  2.14     Section 1 is effective the day following final enactment.