1.1 	A bill for an act
1.2 	relating to the environment; requiring the replacement or discontinued operation 
1.3 	of straight-pipe systems for sewage disposal within ten months of notice;
1.4 	amending Minnesota Statutes 2004, section 115.55, subdivision 1, by adding a 
1.5 	subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 115.55, subdivision 1, is amended to read:
1.8 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to sections  
1.9 	115.55 to  115.56. 
1.10 	(b) "Advisory committee" means the Advisory Committee on Individual Sewage 
1.11 	Treatment Systems established under the individual sewage treatment system rules. The 
1.12 	advisory committee must be appointed to ensure geographic representation of the state 
1.13 	and include elected public officials.
1.14 	(c) "Applicable requirements" means:
1.15 	(1) local ordinances that comply with the individual sewage treatment system rules, 
1.16 	as required in subdivision 2; or
1.17 	(2) in areas not subject to the ordinances described in clause (1), the individual 
1.18 	sewage treatment system rules.
1.19 	(d) "City" means a statutory or home rule charter city.
1.20 	(e) "Commissioner" means the commissioner of the Pollution Control Agency.
1.21 	(f) "Dwelling" means a building or place used or intended to be used by human 
1.22 	occupants as a single-family or two-family unit.
1.23 	(g) "Individual sewage treatment system" or "system" means a sewage treatment 
1.24 	system, or part thereof, serving a dwelling, other establishment, or group thereof, that 
1.25 	uses subsurface soil treatment and disposal.
2.1 	(h) "Individual sewage treatment system professional" means an inspector, installer, 
2.2 	site evaluator or designer, or pumper.
2.3 	(i) "Individual sewage treatment system rules" means rules adopted by the agency 
2.4 	that establish minimum standards and criteria for the design, location, installation, use, 
2.5 	and maintenance of individual sewage treatment systems.
2.6 	(j) "Inspector" means a person who inspects individual sewage treatment systems for 
2.7 	compliance with the applicable requirements.
2.8 	(k) "Installer" means a person who constructs or repairs individual sewage treatment 
2.9 	systems.
2.10 	(l) "Local unit of government" means a township, city, or county.
2.11 	(m) "Pumper" means a person who maintains components of individual sewage 
2.12 	treatment systems including, but not limited to, septic, aerobic, and holding tanks.
2.13 	(n) "Seasonal dwelling" means a dwelling that is occupied or used for less than 180 
2.14 	days per year and less than 120 consecutive days.
2.15 	(o) "Septic system tank" means any covered receptacle designed, constructed, and 
2.16 	installed as part of an individual sewage treatment system.
2.17 	(p) "Site evaluator or designer" means a person who:
2.18 	(1) investigates soils and site characteristics to determine suitability, limitations, and 
2.19 	sizing requirements; and
2.20 	(2) designs individual sewage treatment systems.
2.21 	(q) "Straight-pipe system" means a sewage disposal system that transports raw or 
2.22 	partially settled sewage directly to a lake, a stream, a drainage system, or ground surface.

2.23 	Sec. 2. Minnesota Statutes 2004, section 115.55, is amended by adding a subdivision to 
2.24 	read:
2.25 		Subd. 11.Straight-pipe systems; noncompliance. An inspector who discovers the 
2.26 	existence of a straight-pipe system shall issue a noncompliance notice to the owner of the 
2.27 	straight-pipe system and forward a copy of the notice to the agency. Before any inspection 
2.28 	on private property, the inspector must have probable cause to believe a straight-pipe 
2.29 	system exists on the property. The notice must state that the owner must replace or 
2.30 	discontinue the use of the straight-pipe system within ten months of receiving the notice. 
2.31 	If the owner does not replace or discontinue the use of the straight-pipe system within ten 
2.32 	months after the notice was received, the owner of the straight-pipe system shall be subject 
2.33 	to an administrative penalty of $500 per month of noncompliance beyond the ten-month 
2.34 	period. Administrative penalty orders shall be issued for violations under this subdivision, 
2.35 	as provided in section 116.072. One-half of the proceeds collected from an administrative 
3.1 	penalty order issued for violating this subdivision shall be remitted to the local unit of 
3.2 	government with jurisdiction over the noncompliant straight-pipe system.