HF 1759

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations; providing that licensed 
  1.3             professional engineers need not be licensed by the 
  1.4             pollution control agency to design and inspect 
  1.5             individual sewage treatment systems; amending 
  1.6             Minnesota Statutes 1996, section 115.56, subdivision 2.
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 115.56, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [LICENSE REQUIRED.] (a) Except as provided in 
  1.11  paragraph (b), after March 31, 1996, a person may not design, 
  1.12  install, maintain, pump, or inspect an individual sewage 
  1.13  treatment system without a license issued by the commissioner. 
  1.14     (b) A license is not required for a person who complies 
  1.15  with the applicable requirements if the person is: 
  1.16     (1) a qualified employee of state or local government who 
  1.17  has passed the examination described in paragraph (d) or a 
  1.18  similar examination; 
  1.19     (2) an individual who constructs an individual sewage 
  1.20  treatment system on land that is owned or leased by the 
  1.21  individual and functions solely as the individual's dwelling or 
  1.22  seasonal dwelling; 
  1.23     (3) a farmer who pumps and disposes of sewage waste from 
  1.24  individual sewage treatment systems, holding tanks, and privies 
  1.25  on land that is owned or leased by the farmer; or 
  1.26     (4) an individual who performs labor or services for a 
  2.1   person licensed under this section in connection with the 
  2.2   design, installation, maintenance, pumping, or inspection of an 
  2.3   individual sewage treatment system at the direction and under 
  2.4   the personal supervision of a person licensed under this 
  2.5   section; or 
  2.6      (5) an individual licensed as a professional engineer by 
  2.7   the board of architecture, engineering, land surveying, 
  2.8   landscape architecture, geoscience, and interior design under 
  2.9   sections 326.02 to 326.15 who is competent and qualified under 
  2.10  the rules of the board to design and inspect individual sewage 
  2.11  treatment systems, provided that the individual performs only 
  2.12  design and inspection services with respect to individual sewage 
  2.13  treatment systems. 
  2.14     A person constructing an individual sewage treatment system 
  2.15  under clause (2) must consult with a site evaluator or designer 
  2.16  before beginning construction.  In addition, the system must be 
  2.17  inspected before being covered and a compliance report must be 
  2.18  provided to the local unit of government after the inspection. 
  2.19     (c) The commissioner, in conjunction with the University of 
  2.20  Minnesota extension service or another higher education 
  2.21  institution, shall ensure adequate training exists for 
  2.22  individual sewage treatment system professionals. 
  2.23     (d) The commissioner shall conduct examinations to test the 
  2.24  knowledge of applicants for licensing and shall issue 
  2.25  documentation of licensing.  
  2.26     (e) Licenses may be issued only upon successful completion 
  2.27  of the required examination and submission of proof of 
  2.28  sufficient experience, proof of general liability insurance, and 
  2.29  a corporate surety bond in the amount of at least $10,000.  
  2.30     (f) Notwithstanding paragraph (e), the examination and 
  2.31  proof of experience are not required for an individual sewage 
  2.32  treatment system professional who, on the effective date of the 
  2.33  rules adopted under subdivision 1, holds a certification 
  2.34  attained by examination and experience under a voluntary 
  2.35  certification program administered by the agency. 
  2.36     (g) Local units of government may not require additional 
  3.1   local licenses for individual sewage treatment system 
  3.2   professionals. 
  3.3      (h) A pumper whose annual gross revenue from pumping 
  3.4   systems is $9,000 or less and whose gross revenue from pumping 
  3.5   systems during the year ending May 11, 1994, was at least $1,000 
  3.6   is not subject to training requirements in rules adopted under 
  3.7   subdivision 1, except for any training required for initial 
  3.8   licensure.