HF 1888

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/05/2025 11:31 a.m.

A bill for an act
relating to environment; modifying disclosure requirements for subsurface sewage
treatment systems; requiring rulemaking; amending Minnesota Statutes 2024,
section 115.55, subdivisions 1, 5, by adding a subdivision; repealing Minnesota
Statutes 2024, section 115.55, subdivision 6.

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

Section 1.

Minnesota Statutes 2024, section 115.55, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to sections
115.55 to 115.56.

(b) "Advisory committee" means the Advisory Committee on Subsurface Sewage
Treatment Systems established under the subsurface sewage treatment system rules. The
advisory committee must be appointed to ensure geographic representation of the state and
include elected public officials.

(c) "Applicable requirements" means:

(1) local ordinances that comply with the subsurface sewage treatment system rules, as
required in subdivision 2; or

(2) in areas without compliant ordinances described in clause (1), the subsurface sewage
treatment system rules.

(d) "Building sewer connected to a subsurface sewage treatment system" means the pipe
that connects a structure to a subsurface sewage treatment system. Building sewers connected
to subsurface sewage treatment systems are codefined as both plumbing and subsurface
sewage treatment system components.

new text begin (e) "Certificate of compliance" means a certificate issued by a licensed inspection business
or certified local unit of government inspector on the form created under subdivision 14.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end "City" means a statutory or home rule charter city.

deleted text begin (f) deleted text end new text begin (g) new text end "Commissioner" means the commissioner of the Pollution Control Agency.

deleted text begin (g) deleted text end new text begin (h) new text end "Dwelling" means a building or place used or intended to be used by human
occupants as a single-family or two-family unit.

deleted text begin (h) deleted text end new text begin (i) new text end "Subsurface sewage treatment system" or "system" means a sewage treatment
system, or part thereof, that uses subsurface soil treatment and disposal, or a holding tank,
serving a dwelling, other establishment, or a group thereof, and that does not require a state
permit. Subsurface sewage treatment system includes a building sewer connected to a
subsurface sewage treatment system.

deleted text begin (i) deleted text end new text begin (j) new text end "Subsurface sewage treatment system professional" means an inspector, installer,
designer, service provider, or maintainer.

deleted text begin (j) deleted text end new text begin (k) new text end "Subsurface sewage treatment system rules" means rules adopted by the agency
that establish minimum standards and criteria for the design, location, installation, use,
maintenance, and closure of subsurface sewage treatment systems.

deleted text begin (k) deleted text end new text begin (l) new text end "Inspector" means a person who inspects subsurface sewage treatment systems
for compliance with the applicable requirements.

deleted text begin (l) deleted text end new text begin (m) new text end "Installer" means a person who constructs or repairs subsurface sewage treatment
systems.

deleted text begin (m) deleted text end new text begin (n) new text end "Local unit of government" means a township, city, or county.

deleted text begin (n) deleted text end new text begin (o) new text end "Performance-based system" means a system that is designed specifically for
environmental conditions on a site and is designed to adequately protect the public health
and the environment and provide consistent, reliable, long-term performance. At a minimum,
a performance-based system must ensure that applicable water quality standards are met in
both groundwater and surface water that ultimately receive the treated sewage.

deleted text begin (o) deleted text end new text begin (p) new text end "Maintainer" means a person who removes solids and liquids from and maintains
and repairs components of subsurface sewage treatment systems including, but not limited
to, sewage, aerobic, and holding tanks.

deleted text begin (p) deleted text end new text begin (q) new text end "Seasonal dwelling" means a dwelling that is occupied or used for less than 180
days per year and less than 120 consecutive days.

deleted text begin (q) deleted text end new text begin (r) new text end "Septic system tank" means any covered receptacle designed, constructed, and
installed as part of a subsurface sewage treatment system.

deleted text begin (r) deleted text end new text begin (s) new text end "Designer" means a person who:

(1) investigates soils and site characteristics to determine suitability, limitations, and
sizing requirements; and

(2) designs subsurface sewage treatment systems.

deleted text begin (s) deleted text end new text begin (t) new text end "Straight-pipe system" means a sewage disposal system that transports raw or
partially treated sewage directly to a lake, a stream, a drainage system, or ground surface.

Sec. 2.

Minnesota Statutes 2024, section 115.55, subdivision 5, is amended to read:

Subd. 5.

Inspection.

(a) An inspection deleted text begin shall be deleted text end new text begin is new text end required for all new construction or
replacement of a system to determine compliance with applicable requirements. The manner
and timing of inspection may be determined by the applicable local ordinance.

(b) A local unit of government may not issue a building permit or variance for the addition
of a bedroom on property served by a system unless the system has been inspected to
determine compliance with the applicable requirements, as evidenced by a certificate of
compliance or notice of noncompliance issued by a licensed inspection business or certified
local unit of government inspector. A local unit of government may temporarily waive the
inspection requirement for a building permit or variance for which application is made
during the period from November 1 to April 30, provided that an inspection of the system
is performed by the following June 1 and the applicant submits a certificate of compliance
or notice of noncompliance within 15 days of the inspection. This paragraph does not apply
if the local unit of government does not have an ordinance requiring a building permit to
add a bedroom.

deleted text begin (c) A certificate of compliance for an existing system is valid for three years from the
date of issuance unless the local unit of government finds evidence of an imminent threat
to public health or safety requiring removal and abatement under section 145A.04,
subdivision 8.
deleted text end

deleted text begin (d) A certificate of compliance for a new system is valid for five years from the date of
issuance unless the local unit of government finds evidence of an imminent threat to public
health or safety requiring removal and abatement under section 145A.04, subdivision 8.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end A licensed inspection business that inspects an existing system may subsequently
design and install a new system for that property, provided the inspection business is licensed
to install subsurface sewage treatment systems.

deleted text begin (f) deleted text end new text begin (d) new text end No certified professional may use the professional's position with government,
either as an employee or a contractor, to solicit business for the individual's private system
enterprise.

Sec. 3.

Minnesota Statutes 2024, section 115.55, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin Certificate of compliance. new text end

new text begin (a) Before signing an agreement to sell or transfer
real property, the seller or transferor must deliver to the buyer or transferee:
new text end

new text begin (1) a written statement that the sewage goes to a facility permitted by the agency; or
new text end

new text begin (2) a valid certificate of compliance.
new text end

new text begin (b) The commissioner must develop a certificate of compliance form that can be used
to comply with paragraph (a), clause (2). The certificate of compliance form must require
at least the following information:
new text end

new text begin (1) a description of the system that is in use or will be in use;
new text end

new text begin (2) a statement that the system complies with all applicable requirements;
new text end

new text begin (3) the legal description of the property or a property identification number;
new text end

new text begin (4) the county where the property is located;
new text end

new text begin (5) a map drawn from available information that shows the location of the system on
the property, to the extent practicable;
new text end

new text begin (6) a map that shows the location of any abandoned subsurface sewage treatment system
on the property that the owner, seller, or transferor has knowledge of;
new text end

new text begin (7) any knowledge or information about the compliance status of any subsurface sewage
treatment system on the property and whether the owner, seller, or transferor knows of any
straight-pipe system on the property; and
new text end

new text begin (8) a copy of any previous inspection reports completed in accordance with subdivision
5 or 5a.
new text end

new text begin (c) A certificate of compliance is valid for the following periods from the date of issuance
unless the local unit of government finds evidence of an imminent threat to public health
or safety requiring removal and abatement under section 145A.04, subdivision 8:
new text end

new text begin (1) for an existing system, three years; or
new text end

new text begin (2) for a new system, five years.
new text end

Sec. 4. new text begin MODIFICATION OF SUBSURFACE TREATMENT SYSTEM RULES
REQUIRED.
new text end

new text begin (a) The commissioner of the Pollution Control Agency must modify Minnesota Rules,
chapters 7080 to 7083, as applicable, to include a reference to the obligations of inspectors
under Minnesota Statutes, section 115.55, subdivision 11.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 115.55, subdivision 6, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-03668

115.55 SUBSURFACE SEWAGE TREATMENT SYSTEMS.

Subd. 6.

Disclosure of subsurface sewage treatment system to buyer.

(a) Before signing an agreement to sell or transfer real property, the seller or transferor must disclose in writing to the buyer or transferee information on how sewage generated at the property is managed. The disclosure must be made by delivering a statement to the buyer or transferee that either:

(1) the sewage goes to a facility permitted by the agency; or

(2) the sewage does not go to a permitted facility, and is therefore subject to applicable requirements.

(b) For sewage not sent to a permitted facility, the disclosure must include a description of the system in use, including the legal description of the property, the county in which the property is located, and a map drawn from available information showing the location of the system on the property to the extent practicable. If the seller or transferor has knowledge that an abandoned subsurface sewage treatment system exists on the property, the disclosure must include a map showing its location. The seller or transferor shall disclose to the buyer or transferee what the seller or transferor has knowledge of relative to the compliance status of the subsurface sewage treatment system, and whether, to the best of the seller's knowledge, a straight-pipe system exists. A seller or transferor who has in their possession a previous inspection report completed by a licensed inspection business or certified local government inspector in accordance with subdivision 5 or 5a shall attach a copy to the disclosure statement that is provided to the buyer.

(c) Unless the buyer or transferee and seller or transferor agree to the contrary in writing before the closing of the sale, a seller or transferor who fails to disclose the existence or known status of a subsurface sewage treatment system at the time of sale, and who knew or had reason to know of the existence or known status of the system, is liable to the buyer or transferee for costs relating to bringing the system into compliance with the subsurface sewage treatment system rules and for reasonable attorney fees for collection of costs from the seller or transferor. An action under this subdivision must be commenced within two years after the date on which the buyer or transferee closed the purchase or transfer of the real property where the system is located.