HF 5021
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/20/2026 11:57 a.m.
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A bill for an act
relating to environment; requiring acceptance of best evidence to determine
subsurface sewage treatment system compliance; amending Minnesota Statutes
2024, section 115.55, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 115.55, is amended by adding a subdivision
to read:
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(a) In determining whether a subsurface sewage
treatment system meets applicable requirements, the agency, local units of government, and
inspectors must use the best evidence that is available for the presence of sewage
contaminants in groundwater. For purposes of this subdivision, "best evidence" means
results that are less than two years old from any of the following testing methods and sources,
with priority given in the order listed:
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(1) a measurement of groundwater contaminants by a laboratory accredited by the
Department of Health;
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(2) continuous, uncompressed probe-measured depth below the drain field base media
to the groundwater table;
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(3) the National Groundwater Monitoring Network, a watershed district, or historical
depth-to-groundwater information of either the network or a watershed district;
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(4) empirical field measurements of depth to mottled soil; and
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(5) depth to mottled soil with redoximorphic features based on Munsell soil color charts.
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(b) The agency, local units of government, or inspector, as applicable, must:
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(1) accept results that are less than two years old from any of the testing methods and
sources under paragraph (a) when the owner or lessee of the property where a subsurface
sewage treatment system is located offers to submit the results; and
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(2) notify a person of their rights under this subdivision at least 90 days before issuing
a notice of noncompliance.
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