HF 1420

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; modifying licensing requirements for design,
installation, maintenance, inspection, or operation of individual sewage treatment
systems; requiring a report; amending Minnesota Statutes 2006, section 115.56,
subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 115.56, subdivision 2, is amended to read:

Subd. 2.

License required.

(a) Except as provided in paragraph (b), after March 31,
1996, a person may not design, install, maintain, pump, or inspect an individual sewage
treatment system without a license issued by the commissioner.

(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 has passed the
examination described in paragraph (d) or a similar examination;

(2) an individual who constructs an individual sewage treatment system on land that
is owned or leased by the individual and functions solely as the individual's dwelling or
seasonal dwelling;

(3) a farmer who pumps and disposes of sewage waste from individual 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 person licensed under this
section in connection with the design, installation, maintenance, pumping, or inspection of
an individual sewage treatment system at the direction and under the personal supervision
of a person licensed under this section.

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.

(c) The commissioner, in conjunction with the University of Minnesota Extension
Service or another higher education institution, shall ensure adequate training exists for
individual sewage treatment system professionals.

(d) The commissioner shall conduct examinations to test the knowledge of applicants
for licensing and shall issue documentation of licensing.

(e) Licenses may be issued only upon successful completion of the required
examination and submission of proof of sufficient experience, proof of general liability
insurance, and a corporate surety bond in the amount of at least $10,000.

(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.

(g) Local units of government may not require additional local licenses for individual
sewage treatment system professionals.

(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.

new text begin (i) No other professional license is required to design, install, maintain, or inspect
an individual sewage treatment system with a flow of 10,000 gallons of water per day
or less if the system designer, installer, maintainer, or inspector is licensed under this
subdivision and the local unit of government has not adopted additional requirements. No
other professional license is required to operate an individual sewage treatment system
with a flow of 10,000 gallons of water per day or less if the system operator is licensed as
a system designer, installer, maintainer, or inspector under this subdivision and the local
unit of government has not adopted additional requirements.
new text end

Sec. 2. new text begin REPORT.
new text end

new text begin The commissioner of the Pollution Control Agency must report to the legislative
committees with jurisdiction on environmental policy by February 15, 2008, after
consulting with officials from the Minnesota Onsite Wastewater Association; the
Minnesota Society of Professional Engineers; the American Council of Engineering
Companies; the Minnesota Association of Professional Soil Scientists; the Minnesota
Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
Geoscience, and Interior Design; the University of Minnesota Water Resources Center;
the Association of Minnesota Counties; the Minnesota Association of Small Cities; and
the Minnesota Association of Townships, on further issues relating to the licensing of
individual sewage treatment systems.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment and expires December 31,
2010.
new text end