HF 2695

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to sewage; changing regulation of individual 
  1.3             sewage treatment system programs in counties; creating 
  1.4             an account; appropriating money; amending Minnesota 
  1.5             Statutes 2002, sections 17.117, subdivision 13; 
  1.6             115.55, by adding subdivisions; 115.56, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 17.117, 
  1.9   subdivision 13, is amended to read: 
  1.10     Subd. 13.  [ESTABLISHMENT OF ACCOUNT.] The Public 
  1.11  Facilities Authority shall establish an account accounts called 
  1.12  the agriculture best management practices revolving account and 
  1.13  the individual septic tank system account to provide loans and 
  1.14  other forms of financial assistance authorized under section 
  1.15  446A.07.  The account accounts must be credited with 
  1.16  repayments authorized by this section. 
  1.17     Sec. 2.  Minnesota Statutes 2002, section 115.55, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 4a.  [COUNTY SYSTEM INVENTORY.] By March 1, 2005, 
  1.20  each county must identify and document all improved properties 
  1.21  generating sewage that do not discharge to an agency permitted 
  1.22  publicly owned treatment works.  
  1.23     Sec. 3.  Minnesota Statutes 2002, section 115.55, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 4b.  [BASELINE PROGRAM REQUIREMENTS.] By July 1, 
  1.26  2006, the commissioner must adopt amendments to Minnesota Rules, 
  2.1   chapter 7080, requiring county individual sewage treatment 
  2.2   system programs to include the following: 
  2.3      (1) conformance to Minnesota Rules, chapter 7080; 
  2.4      (2) assurance that local jurisdictions administering system 
  2.5   programs within the county conform to Minnesota Rules, chapter 
  2.6   7080; 
  2.7      (3) creation of a procedure ensuring that all systems are 
  2.8   maintained regularly; 
  2.9      (4) development of an inventory database that includes all 
  2.10  residential dwellings in the county that have a system and the 
  2.11  functional status of the system; and 
  2.12     (5) annual reporting to the commissioner, in addition to 
  2.13  requirements of Minnesota Rules, chapter 7080, on: 
  2.14     (i) current county system staff; 
  2.15     (ii) county fee structure for system related activities; 
  2.16     (iii) current general fund expenses for system related 
  2.17  activities; 
  2.18     (iv) other system related sources of revenue; 
  2.19     (v) current system related compliance and enforcement 
  2.20  activities; and 
  2.21     (vi) other information determined to assess baseline 
  2.22  program implementation.  
  2.23     Sec. 4.  Minnesota Statutes 2002, section 115.55, is 
  2.24  amended by adding a subdivision to read: 
  2.25     Subd. 4c.  [FUNDING AND REQUIREMENTS.] (a) By July 1, 2005, 
  2.26  the Board of Water and Soil Resources through the natural 
  2.27  resources block grant program must grant counties $5 per system 
  2.28  for each county to develop and implement subdivision 4b, clauses 
  2.29  (1) and (2).  
  2.30     (b) A county that chooses not to fulfill subdivision 4b, 
  2.31  clauses (2) and (3), must not be granted state funding under 
  2.32  this subdivision.  
  2.33     (c) The agency must use available funding to ensure the 
  2.34  program elements of subdivision 4b occur in a county which opts 
  2.35  out of subdivision 4b, clause (2).  The agency may use 
  2.36  cooperative agreements with private contractors or other public 
  3.1   agencies in order to comply.  
  3.2      Sec. 5.  Minnesota Statutes 2002, section 115.56, 
  3.3   subdivision 2, is amended to read: 
  3.4      Subd. 2.  [LICENSE REQUIRED.] (a) Except as provided in 
  3.5   paragraph (b), after March 31, 1996, a person may not design, 
  3.6   install, maintain, pump, or inspect an individual sewage 
  3.7   treatment system without a license issued by the commissioner. 
  3.8      (b) A license is not required for a person who complies 
  3.9   with the applicable requirements if the person is: 
  3.10     (1) a qualified employee of state or local government who 
  3.11  has passed the examination described in paragraph (d) or a 
  3.12  similar examination; 
  3.13     (2) an individual who constructs an individual sewage 
  3.14  treatment system on land that is owned or leased by the 
  3.15  individual and functions solely as the individual's dwelling or 
  3.16  seasonal dwelling; 
  3.17     (3) a farmer who pumps and disposes of sewage waste from 
  3.18  individual sewage treatment systems, holding tanks, and privies 
  3.19  on land that is owned or leased by the farmer; or 
  3.20     (4) an individual who performs labor or services for a 
  3.21  person licensed under this section in connection with the 
  3.22  design, installation, maintenance, pumping, or inspection of an 
  3.23  individual sewage treatment system at the direction and under 
  3.24  the personal supervision of a person licensed under this section.
  3.25     A person constructing an individual sewage treatment system 
  3.26  under clause (2) must consult with a site evaluator or designer 
  3.27  before beginning construction.  In addition, the system must be 
  3.28  inspected before being covered and a compliance report must be 
  3.29  provided to the local unit of government after the inspection. 
  3.30     (c) The commissioner, in conjunction with the University of 
  3.31  Minnesota Extension Service or another higher education 
  3.32  institution, shall ensure adequate training exists for 
  3.33  individual sewage treatment system professionals.  The 
  3.34  commissioner must adopt amendments to Minnesota Rules, chapter 
  3.35  7080, by July 1, 2006, on increased mandatory training for 
  3.36  system professionals.  
  4.1      (d) The commissioner shall conduct examinations to test the 
  4.2   knowledge of applicants for licensing and shall issue 
  4.3   documentation of licensing.  
  4.4      (e) Licenses may be issued only upon successful completion 
  4.5   of the required examination and submission of proof of 
  4.6   sufficient experience, proof of general liability insurance, and 
  4.7   a corporate surety bond in the amount of at least $10,000.  
  4.8      (f) Notwithstanding paragraph (e), the examination and 
  4.9   proof of experience are not required for an individual sewage 
  4.10  treatment system professional who, on the effective date of the 
  4.11  rules adopted under subdivision 1, holds a certification 
  4.12  attained by examination and experience under a voluntary 
  4.13  certification program administered by the agency. 
  4.14     (g) Local units of government may not require additional 
  4.15  local licenses for individual sewage treatment system 
  4.16  professionals. 
  4.17     (h) A pumper whose annual gross revenue from pumping 
  4.18  systems is $9,000 or less and whose gross revenue from pumping 
  4.19  systems during the year ending May 11, 1994, was at least $1,000 
  4.20  is not subject to training requirements in rules adopted under 
  4.21  subdivision 1, except for any training required for initial 
  4.22  licensure. 
  4.23     Sec. 6.  [APPROPRIATIONS.] 
  4.24     (a) $....... is appropriated to the Board of Water and Soil 
  4.25  Resources for distribution to counties in a ratio of $5 per 
  4.26  system in each county for the inventory database required in 
  4.27  section 2. 
  4.28     (b) $....... is appropriated to the commissioner of 
  4.29  agriculture to provide low interest loans for system assistance 
  4.30  to landowners under Minnesota Statutes, section 17.117. 
  4.31     Sec. 7.  [EFFECTIVE DATE.] 
  4.32     Sections 1 to 6 are effective June 30, 2004.