1.1                          A bill for an act 
  1.2             relating to the environment; clarifying analysis of 
  1.3             water table level for purposes of individual sewage 
  1.4             treatment design; amending Minnesota Statutes 2002, 
  1.5             section 115.55, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 115.55, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [RULES.] (a) The agency shall adopt rules 
  1.10  containing minimum standards and criteria for the design, 
  1.11  location, installation, use, and maintenance of individual 
  1.12  sewage treatment systems.  The rules must include: 
  1.13     (1) how the agency will ensure compliance under subdivision 
  1.14  2; 
  1.15     (2) how local units of government shall enforce ordinances 
  1.16  under subdivision 2, including requirements for permits and 
  1.17  inspection programs; 
  1.18     (3) how the advisory committee will participate in review 
  1.19  and implementation of the rules; 
  1.20     (4) provisions for alternative systems; 
  1.21     (5) provisions for handling and disposal of effluent; 
  1.22     (6) provisions for system abandonment; and 
  1.23     (7) procedures for variances, including the consideration 
  1.24  of variances based on cost and variances that take into account 
  1.25  proximity of a system to other systems. 
  2.1      (b) The agency shall consult with the advisory committee 
  2.2   before adopting rules under this subdivision. 
  2.3      (c) Notwithstanding the repeal of the agency rule under 
  2.4   which the commissioner has established a list of warrantied 
  2.5   individual sewage treatment systems, the warranties for all 
  2.6   systems so listed as of the effective date of the repeal shall 
  2.7   continue to be valid for the remainder of the warranty period. 
  2.8      (d) In addition to the rules authorized in paragraph (a), 
  2.9   redoximorphic features encountered in the individual sewage 
  2.10  treatment system design analysis or compliance inspection 
  2.11  process that are associated with a redoximorphic zone in 
  2.12  conjunction with a water table or seasonally saturated zone 
  2.13  should generally agree with the other hydrologic or biologic 
  2.14  information available at the site.  Where there is disagreement, 
  2.15  the individual sewage treatment system designer or inspector 
  2.16  shall determine if there are scattered redoximorphic inclusions 
  2.17  or evidence of some other geologic event no longer 
  2.18  representative of the current seasonally saturated zone and now 
  2.19  located in the unsaturated zone.  To accomplish the 
  2.20  determination of scattered inclusions, a minimum of three 
  2.21  borings per system is required when a boring tool is used.  To 
  2.22  fail an existing system under vertical separation compliance 
  2.23  requirements, a minimum of three borings must be taken and 
  2.24  logged.  All soil borings taken and logged for design and 
  2.25  compliance criteria must be submitted to the local unit of 
  2.26  government and landowner with design and compliance inspection 
  2.27  reports.  When two inspectors disagree on findings, a soil pit 
  2.28  or pits are required to make a final determination of 
  2.29  compliance.  This clause applies only to sand plain areas as 
  2.30  identified by mapping of the Minnesota Geological Survey.