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HF 1275

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to environment; modifying sewage treatment systems provisions;
changing terminology; amending Minnesota Statutes 2008, sections 115.55,
subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 9; 115.56, subdivisions 1, 2, 3; 326B.46,
subdivision 2; repealing Minnesota Statutes 2008, sections 115.55, subdivision
10; 115.56, subdivision 2a.

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

Section 1.

Minnesota Statutes 2008, 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 deleted text beginIndividualdeleted text endnew text begin Subsurfacenew text end
Sewage Treatment Systems established under the deleted text beginindividualdeleted text endnew text begin subsurfacenew text end 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 deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment
system rules, as required in subdivision 2; or

(2) in areas deleted text beginnot subject to thedeleted text endnew text begin without compliantnew text end ordinances described in clause (1),
the deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment system rules.

(d) "City" means a statutory or home rule charter city.

(e) "Commissioner" means the commissioner of the Pollution Control Agency.

(f) "Dwelling" means a building or place used or intended to be used by human
occupants as a single-family or two-family unit.

(g) "deleted text beginIndividualdeleted text endnew text begin Subsurfacenew text end 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 thereofnew text begin, and that does
not require a state permit
new text end.

(h) "deleted text beginIndividualdeleted text endnew text begin Subsurfacenew text end sewage treatment system professional" means an
inspector, installer, deleted text beginsite evaluator ordeleted text end designer, new text beginservice provider, new text endor deleted text beginpumperdeleted text endnew text begin maintainernew text end.

(i) "deleted text beginIndividualdeleted text endnew text begin Subsurfacenew text end sewage treatment system rules" means rules adopted
by the agency that establish minimum standards and criteria for the design, location,
installation, use, deleted text beginanddeleted text end maintenancenew text begin, and closurenew text end of deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment
systems.

(j) "Inspector" means a person who inspects deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment
systems for compliance with the applicable requirements.

(k) "Installer" means a person who constructs or repairs deleted text beginindividualdeleted text endnew text begin subsurfacenew text end
sewage treatment systems.

(l) "Local unit of government" means a township, city, or county.

(m) "Performance-based system" means a system that is designed specifically for
deleted text begin a site and thedeleted text end environmental conditions on deleted text beginthatdeleted text endnew text begin anew text end site and new text beginis new text enddesigned to adequately
protect the public health and the environment and providenew text begin consistent, reliable,new text end long-term
performance. At a minimum, a performance based system must ensure that applicable
water quality standards are met in both ground and surface water that ultimately receive
the treated deleted text beginwastewaterdeleted text endnew text begin sewagenew text end.

(n) "deleted text beginPumperdeleted text endnew text begin Maintainernew text end" means a person who new text beginremoves solids and liquids from and
new text endmaintainsnew text begin and repairsnew text end components of deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment systems
including, but not limited to, deleted text beginsepticdeleted text endnew text begin sewagenew text end, aerobic, and holding tanks.

(o) "Seasonal dwelling" means a dwelling that is occupied or used for less than 180
days per year and less than 120 consecutive days.

(p) "Septic system tank" means any covered receptacle designed, constructed, and
installed as part of deleted text beginan individualdeleted text endnew text begin a subsurfacenew text end sewage treatment system.

(q) "deleted text beginSite evaluator ordeleted text end Designer" means a person who:

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

(2) designs deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment systems.

(r) "Straight-pipe system" means a sewage disposal system that deleted text beginincludes toilet
waste and
deleted text end transports raw or partially deleted text beginsettleddeleted text endnew text begin treatednew text end sewage directly to a lake, a stream, a
drainage system, or ground surface.

Sec. 2.

Minnesota Statutes 2008, section 115.55, subdivision 2, is amended to read:


Subd. 2.

Local ordinances.

(a) All counties must adopt ordinances that comply
with revisions to the deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment system rules within two
years of the final adoption by the agency. County ordinances must apply to all areas of
the county other than cities or towns that have adopted ordinances that comply with this
section and are as strict as the applicable county ordinances.

(b) A copy of each ordinance adopted under this subdivision must be submitted to
the commissioner upon adoption.

(c) A local unit of government must make available to the public upon request a
written list of any differences between its ordinances and rules adopted under this section.

Sec. 3.

Minnesota Statutes 2008, section 115.55, subdivision 3, is amended to read:


Subd. 3.

Rules.

(a) The agency shall adopt rules containing minimum standards
and criteria for the design, location, installation, use, deleted text beginanddeleted text end maintenancenew text begin, and closurenew text end of
deleted text begin individualdeleted text endnew text begin subsurfacenew text end sewage treatment systems. The rules must include:

(1) how the agency will ensure compliance under subdivision 2;

(2) how local units of government shall enforce ordinances under subdivision 2,
including requirements for permits and inspection programs;

(3) how the advisory committee will participate in review and implementation of
the rules;

(4) provisions for nonstandard systems and performance-based systems;

(5) provisions for handling and disposal of effluent;

(6) provisions for system abandonment; and

(7) procedures for variances, including the consideration of variances based on cost
and variances that take into account proximity of a system to other systems.

(b) The agency shall consult with the advisory committee before adopting rules
under this subdivision.

deleted text begin (c) Notwithstanding the repeal of the agency rule under which the commissioner
has established a list of warrantied individual sewage treatment systems, the warranties
for all systems so listed as of the effective date of the repeal shall continue to be valid
for the remainder of the warranty period.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The rules required in paragraph (a) must also address the following:

(1) a definition of redoximorphic features and other criteria that can be used by
system designers and inspectors;

(2) direction on the interpretation of observed soil features that may be
redoximorphic and their relation to zones of deleted text beginseasonaldeleted text endnew text begin periodicnew text end saturation; and

(3) procedures on how to resolve professional disagreements on deleted text beginseasonallydeleted text endnew text begin
periodically
new text end saturated soils.

deleted text begin These rules must be in place by March 31, 2006.
deleted text end

Sec. 4.

Minnesota Statutes 2008, section 115.55, subdivision 4, is amended to read:


Subd. 4.

Compliance with rules required; enforcement.

(a) A person who
designs, installs, alters, repairs, maintains, pumps,new text begin services,new text end deleted text beginordeleted text end inspectsnew text begin, or abandonsnew text end all
or part of deleted text beginan individualdeleted text endnew text begin a subsurfacenew text end sewage treatment system shall comply with the
applicable requirements.

(b) Local units of government may enforce, under section 115.071, subdivisions 3
and 4
, ordinances that are applicable requirements.

Sec. 5.

Minnesota Statutes 2008, section 115.55, subdivision 5, is amended to read:


Subd. 5.

Inspection.

(a) An inspection shall be required for all new construction
or replacement of a system to determine compliance with deleted text beginagency rule or local standardsdeleted text endnew text begin
applicable requirements
new text end. The manner and timing of inspection may be determined by the
applicable local ordinance. deleted text beginThe inspection requirement may be satisfied by a review
by the designated local official of video, electronic, photographic, or other evidence of
compliance provided by the installer.
deleted text end

(b) deleted text beginExcept as provided in subdivision 5b, paragraph (b),deleted text end 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 deleted text beginis indeleted text endnew text begin has been inspected to determinenew text end compliance
with the applicable requirements, as evidenced by a certificate of compliancenew text begin or notice
of noncompliance
new text end issued by a licensed deleted text begininspector or site evaluator or designerdeleted text endnew text begin inspection
business or certified local unit of government inspector
new text end. A local unit of government may
temporarily waive the deleted text begincertificate of compliancedeleted text endnew text begin inspectionnew text end 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 deleted text beginby the following September 30deleted text endnew text begin or
notice of noncompliance within 15 days of the inspection
new text end. This paragraph does not apply
if the local unit of government does not have an ordinance requiring a building permit
to add a bedroom.

(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
.

(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
.

(e) A licensed deleted text begininspector whodeleted text endnew text begin inspection business thatnew text end inspects an existing system
may subsequently design and install a new system for that property, provided the deleted text begininspectordeleted text endnew text begin
inspection business
new text end is licensed to install deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment systems.

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

Sec. 6.

Minnesota Statutes 2008, section 115.55, subdivision 5a, is amended to read:


Subd. 5a.

Inspection criteria for existing systems.

(a) An inspection of an existing
system must evaluate the criteria in paragraphs (b) to (j).

(b) If the inspector finds one or more of the following conditions:

(1) sewage discharge to surface water;

(2) sewage discharge to ground surface;

(3) sewage backup; or

(4) any other situation with the potential to immediately and adversely affect or
threaten public health or safety,

then the system constitutes an imminent threat to public health or safety and, if not
repaired, must be upgraded, replaced, or its use discontinued within ten months of receipt
of the notice described in subdivision 5b, or within a shorter period of time if required
by local ordinance.

(c) deleted text beginAn existingdeleted text endnew text begin Anew text end system new text beginconstructed before April 1, 1996, new text endthat has none of the
conditions in paragraph (b), and has at least two feet of soil separation need not be
upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance
that is more restrictive.

(d) Paragraph (c) does not apply to systems in shoreland areas regulated under
sections 103F.201 to 103F.221, wellhead protection areas as defined in section 103I.005,
or those used in connection with food, beverage, and lodging establishments regulated
under chapter 157.

(e) If the local unit of government with jurisdiction over the system has adopted an
ordinance containing local standards pursuant to subdivision 7, the existing system must
comply with the ordinance. If the system does not comply with the ordinance, it must be
upgraded, replaced, or its use discontinued according to the ordinance.

(f) If a seepage pit, drywell, cesspool, or leaching pit exists and the local unit
of government with jurisdiction over the system has not adopted local standards to the
contrary, the system is failing and must be upgraded, replaced, or its use discontinued
within the time required by subdivision 3 or local ordinance.

(g) If the system fails to provide sufficient groundwater protection, then the local
unit of government or its agent shall order that the system be upgraded, replaced, or its use
discontinued within the time required by rule or the local ordinance.

(h) The authority to find a threat to public health under section 145A.04, subdivision
8
, is in addition to the authority to make a finding under paragraphs (b) to (d).

(i) deleted text beginLocaldeleted text endnew text begin Certifiednew text end inspectors must use the deleted text beginstandarddeleted text endnew text begin existing systemnew text end inspection form
provided by the agency. The inspection information required by local ordinance may be
included as an attachment to the deleted text beginstandarddeleted text endnew text begin statenew text end form. The following language must appear
on the standard form: "If an existing system is not failing as defined in law, and has at
least two feet of design soil separation, then the system need not be upgraded, repaired,
replaced, or its use discontinued, notwithstanding any local ordinance that is more strict.
This does not apply to systems in shoreland areas, wellhead protection areas, or those used
in connection with food, beverage, and lodging establishments as defined in law."

deleted text begin (j) For the purposes of this subdivision, an "existing system" means a functioning
system installed prior to April 1, 1996.
deleted text end

Sec. 7.

Minnesota Statutes 2008, section 115.55, subdivision 5b, is amended to read:


Subd. 5b.

Compliance notice.

deleted text begin(a)deleted text end If a system inspected under subdivision 5 is
required to be upgraded, replaced, or its use discontinued under subdivision 5a, the
new text begin certified new text endinspector deleted text beginor site evaluator or designerdeleted text end must issue a notice of noncompliance to
the property owner and must provide a copy of the notice to the unit of government with
jurisdiction. The notice of noncompliance must specify why the system must be upgraded,
replaced, or its use discontinued. A local unit of government must specify the upgrade
time period in its ordinance.

deleted text begin (b) Except as provided in subdivision 5a, paragraphs (b) to (d), if a system
installed between May 27, 1989, and January 23, 1996, does not comply with applicable
requirements, the property owner has five years from the date of the bedroom building
permit to bring the system into compliance.
deleted text end

Sec. 8.

Minnesota Statutes 2008, section 115.55, subdivision 6, is amended to read:


Subd. 6.

Disclosure of deleted text beginindividualdeleted text endnew text begin subsurfacenew text end 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, new text beginand new text endis therefore subject to
applicable requirementsdeleted text begin, and describesdeleted text endnew text begin.
new text end

new text begin For sewage not sent to a permitted facility, the disclosure must include a description
of
new text end 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 deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment system exists on
the property, the disclosure must include a map showing its location. deleted text beginIn the disclosure
statement the seller or transferor must indicate whether the individual sewage treatment
system is in use and, to the seller's or transferor's knowledge, in compliance with
applicable sewage treatment laws and rules.
deleted text endnew text begin 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.
new text end

(b) 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 deleted text beginan individualdeleted text endnew text begin a subsurfacenew text end 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 deleted text beginindividualdeleted text endnew text begin subsurfacenew text end 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.

Sec. 9.

Minnesota Statutes 2008, section 115.55, subdivision 9, is amended to read:


Subd. 9.

Warrantied systems.

(a) deleted text beginAn individualdeleted text endnew text begin A subsurfacenew text end sewage treatment
system may be installed provided that it meets all local ordinance requirements and
provided the requirements of paragraphs (b) to (e) are met.

(b) The manufacturer shall provide to the commissioner:

(1) documentation that the manufacturer's system was designated by the agency as a
warrantied system as of June 30, 2001, or the system is a modified version of the system
that was designated as a warrantied system and meets the size requirements or other
requirements that were the basis for the previous warrantied system classification; or

(2) documentation showing that a minimum of 50 of the manufacturer's systems have
been installed and operated and are under normal use across all major soil classifications
for a minimum of three years.

(c) For each system that meets the requirements of paragraph (b), clause (1) or (2),
the manufacturer must provide to the commissioner:

(1) documentation that the system manufacturer or designer will provide full
warranty effective for at least five years from the time of installation, covering design,
labor, and material costs to remedy failure to meet performance expectations for systems
used and installed in accordance with the manufacturer's or designer's instructions; and

(2) a commonly accepted financial assurance document or documentation of the
manufacturer's or designer's financial ability to cover potential replacement and upgrades
necessitated by failure of the system to meet the performance expectations for the duration
of the warranty period.

(d) The manufacturer shall reimburse the agency an amount of $2,000 for staff
services needed to review the information submitted pursuant to paragraphs (b) and (c).
Reimbursements accepted by the agency shall be deposited in the environmental fund
and are appropriated to the agency for the purpose of reviewing information submitted.
Reimbursement by the manufacturer shall precede, not be contingent upon, and shall
not affect the agency's decision on whether the submittal meets the requirements of
paragraphs (b) and (c).

(e) The manufacturer shall provide to the local unit of government reasonable
assurance of performance of the manufacturer's system, engineering design of the
manufacturer's system, a monitoring plan that will be provided to system owners, and a
mitigation plan that will be provided to system owners describing actions to be taken
if the system fails.

(f) The commissioner may prohibit deleted text beginan individualdeleted text endnew text begin a subsurfacenew text end sewage treatment
system from qualifying for installation under this subdivision upon a finding of fraud,
system failure, failure to meet warranty conditions, or failure to meet the requirements
of this subdivision or other matters that fail to meet with the intent and purpose of this
subdivision. Prohibition of installation of a system by the commissioner does not alter
or end warranty obligations for systems already installed.

Sec. 10.

Minnesota Statutes 2008, section 115.56, subdivision 1, is amended to read:


Subdivision 1.

Rules.

(a) Pursuant to section 115.03, subdivision 1, deleted text beginby January 1,
1996,
deleted text end the agency shall adopt rules containing standards of new text begincertification andnew text end licensure
applicable to all deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment system deleted text beginprofessionalsdeleted text endnew text begin individuals
and businesses
new text end.

The rules must include but are not limited to:

(1) training requirements that include both classroom and fieldwork components;

(2) examination content requirements and testing procedures;

(3) continuing education requirements;

(4) equivalent experience provisions;

(5) bonding and insurance requirements;

(6) schedules for submitting fees; and

(7) license revocation and suspension and other enforcement requirements.

(b) The agency shall consult with the advisory committee before proposing any
rules under this subdivision.

Sec. 11.

Minnesota Statutes 2008, section 115.56, subdivision 2, is amended to read:


Subd. 2.

License required.

(a) Except as provided in paragraph (b), a person
may not design, install, maintain, pump, inspect, or provide service to deleted text beginan individualdeleted text endnew text begin
a subsurface
new text end sewage treatment system without a license issued by the commissioner.
Licenses issued under this section allow work on deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment
systems deleted text beginwith a flow of 10,000 gallons of water per day or lessdeleted text endnew text begin that do not require a state
permit
new text end using prescriptive designs and design guidances provided by the agency.new text begin Licensees
who design systems using these prescriptive designs and design guidances are not subject
to the additional licensing requirements of section 326.03.
new text end

(b) A license is not required for a person who complies with the applicable
requirements if the person is:

(1) a qualified employee of state or local government who deleted text beginhas passed the
examination described in paragraph (d) or a similar examination
deleted text endnew text begin is a certified professionalnew text end;

(2) an individual who constructs deleted text beginan individualdeleted text endnew text begin a subsurfacenew text end sewage treatment system
on land that is owned or leased by the individual and functions solely as the individual's
dwelling or seasonal dwellingnew text begin, unless specifically disallowed in local ordinance. A person
constructing a subsurface sewage treatment system under this clause must comply with
all local administrative and technical requirements. In addition, the system must be
inspected before being covered and a compliance report must be provided to the local
unit of government after the inspection
new text end;

(3) a farmer who pumps and disposes of sewage waste from deleted text beginindividualdeleted text endnew text begin subsurfacenew text end
sewage treatment systems, holding tanks, and privies on land that is owned or leased by
the farmer; or

(4) an individual who performs labor or services for a deleted text beginpersondeleted text end licensed new text beginbusiness new text endunder
this section in connection with the design, installation, deleted text beginmaintenancedeleted text endnew text begin operationnew text end, pumping,
or inspection of deleted text beginan individualdeleted text endnew text begin a subsurfacenew text end sewage treatment system at the direction and
under the personal supervision of a person deleted text beginlicenseddeleted text endnew text begin certifiednew text end under this section.

deleted text begin A person constructing an individual sewage treatment system under clause (2) must
consult with a site evaluator or designer before beginning construction. In addition, the
system must be inspected before being covered and a compliance report must be provided
to the local unit of government after the inspection.
deleted text end

(c) The commissioner, in conjunction with the University of Minnesota Extension
Service or another higher education institution, shall ensure adequate training and design
guidance exists for deleted text beginindividualdeleted text endnew text begin subsurfacenew text end sewage treatment system new text begincertified new text endprofessionals.

(d) The commissioner shall conduct examinations to test the knowledge of applicants
for deleted text beginlicensingdeleted text endnew text begin certificationnew text end and shall issue documentation of deleted text beginlicensingdeleted text endnew text begin certificationnew text end.

(e) Licenses may be issued only upon deleted text beginsuccessful completion of the required
examination and
deleted text end submission deleted text beginof proof of sufficient experience, proofdeleted text end of general liability
insurance, deleted text beginanddeleted text end a corporate surety bond in the amount of at least $10,000new text begin, and the name
of the individual who will be the designated certified individual for that business. The
new text endnew text beginbond may be for both plumbing work and subsurface sewage treatment work if the bond
complies with the requirements of this section and section 326B.46, subdivision 2
new text end.

deleted text begin (f) Notwithstanding paragraph (e), the examination and proof of experience are not
required for an individual sewage treatment system professional who, on the effective date
of the rules adopted under subdivision 1, holds a certification attained by examination and
experience under a voluntary certification program administered by the agency.
deleted text end

deleted text begin (g)deleted text endnew text begin (f)new text end Local units of government may not require additional local licenses for
deleted text begin individualdeleted text endnew text begin subsurfacenew text end sewage treatment system deleted text beginprofessionalsdeleted text endnew text begin businessesnew text end.

deleted text begin (h) A pumper whose annual gross revenue from pumping systems is $9,000 or
less and whose gross revenue from pumping systems during the year ending May 11,
1994, was at least $1,000 is not subject to training requirements in rules adopted under
subdivision 1, except for any training required for initial licensure.
deleted text end

deleted text begin (i)deleted text endnew text begin (g)new text end No other professional licensenew text begin under section 326.03new text end is required to design,
install, maintain, inspect, or provide service for deleted text beginan individualdeleted text endnew text begin a subsurfacenew text end sewage
treatment system deleted text beginwith a flow of 10,000 gallons of water per day or lessdeleted text endnew text begin that does not require
a state permit
new text end using prescriptive designs and design guidances provided by the agency if
the system designer, installer, maintainer, inspector, or service provider is licensed under
this subdivision and the local unit of government has not adopted additional requirements.

Sec. 12.

Minnesota Statutes 2008, section 115.56, subdivision 3, is amended to read:


Subd. 3.

Enforcement.

(a) The commissioner may deny, suspend, or revoke a
licensenew text begin or certificationnew text end, or use any lesser remedy against deleted text beginan individualdeleted text end new text begina subsurface
new text endsewage treatment system deleted text beginprofessionaldeleted text endnew text begin business or a certified individualnew text end, for any of the
following reasons:

(1) failure to meet the requirements for a new text begincertification or new text endlicense;

(2) incompetence, negligence, new text beginfraud, illegal activity, conflict of interest, new text endor
inappropriate conduct in the performance of the duties of deleted text beginan individualdeleted text end new text begina subsurface
new text endsewage treatment system deleted text beginprofessionaldeleted text endnew text begin business or certified individualnew text end;

(3) failure to comply with applicable requirements; deleted text beginor
deleted text end

(4) submission of false or misleading information or credentials in order to obtain or
renew new text begincertification or new text enda licensenew text begin; or
new text end

new text begin (5) failure to resolve an enforcement action with any local, state, or federal agencynew text end.

(b) Upon receiving a signed written complaint that alleges the existence of a ground
for enforcement action against a person under paragraph (a), the commissioner shall
initiate an investigation. Revocation, suspension, or other enforcement action may not
be taken before written notice is given to the person and an opportunity is provided for a
contested case hearing complying with the provisions of chapter 14.

Sec. 13.

Minnesota Statutes 2008, section 326B.46, subdivision 2, is amended to read:


Subd. 2.

Bond; insurance.

Any person contracting to do plumbing work must give
bond to the state in the amount of new text beginat least new text end$25,000 fornew text begin: (i)new text end all new text beginplumbing new text endwork entered
into within the statenew text begin; or (ii) all plumbing work and subsurface sewage treatment work
entered into within the state. If the bond is for both plumbing work and subsurface sewage
treatment work, the bond must comply with the requirements of this section and section
115.56, subdivision 2, paragraph (e)
new text end. The bond shall be for the benefit of persons injured
or suffering financial loss by reason of failure to comply with the requirements of the
State Plumbing Codenew text begin and, if the bond is for both plumbing work and subsurface sewage
treatment work, financial loss by reason of failure to comply with the requirements of
sections 115.55 and 115.56
new text end. The bond shall be filed with the commissioner and shall be
written by a corporate surety licensed to do business in the state.

In addition, each applicant for a master plumber license or restricted master plumber
license, or renewal thereof, shall provide evidence of public liability insurance, including
products liability insurance with limits of at least $50,000 per person and $100,000 per
occurrence and property damage insurance with limits of at least $10,000. The insurance
shall be written by an insurer licensed to do business in the state of Minnesota and
each licensed master plumber shall maintain on file with the commissioner a certificate
evidencing the insurance providing that the insurance shall not be canceled without the
insurer first giving 15 days written notice to the commissioner. The term of the insurance
shall be concurrent with the term of the license.

Sec. 14. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, the revisor of statutes shall change the terms "individual
sewage treatment system" and "individual sewage treatment systems" to "subsurface
sewage treatment system" and "subsurface sewage treatment systems," respectively. The
revisor shall make any necessary grammatical corrections consistent with this instruction.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 115.55, subdivision 10; and 115.56, subdivision
2a,
new text end new text begin are repealed.
new text end